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HomeMy WebLinkAbout1990 P.O. BOX 510 (3 ity Q 2875 -145TH ST. W. 40+ o semouni ROSEMOUNT. MINNESOTA X 510 612- 423 -4411 Planning Commission REGULAR MEETING MINUTES JANUARY 9, 1990 Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on January 9, 1990 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, Community Development Director Dean Johnson and Building Official Ron Wasmund. MOTION by Meyer to approve the December 12, 1989 Regular Meeting Minutes as printed. Second by Hathaway. Ayes 5, Nays 0. City Planner Wozniak reviewed the Sachs Kassube Addition final plat consisting of approximately seven acres located west of the intersection': of CSAH 42 and TH 52. Preliminary plat approval was granted in the fall of 1988 for the reconfiguration of three metes and bounds parcels to increase two 1 -acre parcels to nearly 1.8 acres each and the reduction of the larger parcel to approximately 33 acres. Although minimum ordinance requirements are not met, the approval of the preliminary plat was based on the following unique conditions and circumstances: 1) enlargement of two undersized legal lots of record while only moderately reducing the larger parcel; 2) the three existing homes remain intact with no new proposed homesites; and 3) the property retains current access to each parcel by private road causing no additional maintenance or street construction municipal expenditures. MOTION by Toombs to recommend to City Council approval of the Sachs Kassube Addition fmal plat. Second by Meyer. Ayes 5, Nays 0. Donald Hinz, Eagle Sanitation, and Michael Hinz, Gopher Disposal, were in attendance to discuss their proposal to purchase the former Rosemount Diecast structure, 13135 Doyle Path, for use as a recycling operation for waste materials from construction sites. The proposal submitted exhibits minor alterations to the structure's exterior and revisions of the parking and driveway alignment. The applicant's discussed the functions of the recycling process and the operational activities that would take place on the property. City Planner Michael Wozniak advised that Planning Commission had approved a 1,700 square foot pole building addition to the Rosemount Diecast structure on November 17, 1987. Due to aesthetic concerns the approval was subject to removal of the addition within five years. The property since has been vacated by the former tenant and it has come to the attention of staff that the property owners were unaware, at that time, of the restrictions placed on the 1,700 sq. ft. expansion. Jill Hollenbach, property owner, was present and stated that the pole building addition has been reconstructed/replaced, due to former tenant negligence, and has been upgraded from the original structure. The potential purchasers of the property have indicated their desire for Planning Commission approval that the existing pole structure addition become permanent with the pre existing removal requirement waived. City Planner Wozniak discussed the requirements as set forth in Section 14.9 of the Zoning Ordinance (Recycling Operations) regarding parking and driveway surfacing and screening of outside machinery. Building Official Ron Wasmund was present and explained that requirements of Chapter 38 of the Building Code. The change in use of the property causes a requirement for a fire suppression system (sprinklering). The lack of a public water supply to the property would require the installation of a costly pond/tank for water supply with a mechanism to provide adequate pressure in addition to the retrofitting of the building with the sprinkler system. The Planning Commission was asked to consider the request to allow the pole building addition to be retained permanently. Regular Planning Commission Meeting Minutes January 9, 1990 Page Two In response to Councilmember Wippermann's inquiry, Building Official Ron Wasmund confirmed that reconstruction and upgrading of the subject expansion was accomplished without benefit of a building permit. Upon issuance of a permit the owners would have been advised of the five -year restriction. MOTION by Huntington that the addition to the structure located at 13535 Doyle Path may remain from an aesthetic point of view. Second by Toombs. Ayes 5, Nays 0. The Commission directed staff to research and pursue the options and procedures that can be implemented to legally grant permanent status of the addition. 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 6:35 p.m. Res ctfully submi d, Donna Quintus Recording Secretary 404111 ety o P.O. BOX 510 M 2875 -145TH ST. W. O Semoun� ROSEMOUNT. MINNESOTA 55068 612- 423 -4411 Planning Commission REGULAR MEETING MINUTES JANUARY 23, 1990 Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on January 23, 1990 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, Community Development Director Dean Johnson and Building Official Ron Wasmund. MOTION by Jacobson to approve the January 9, 1990 Regular Meeting Minutes as printed. Second by Meyer. Ayes: 5. Nays: 0. Hans Abrahamsen has submitted a rezoning petition to rezone two abutting metes and bounds parcels from AG Agricultural to AG -P Agricultural Preserve. The property, consisting of 110 acres, lies north of 160th Street East and immediately east of Coates and is contiguous to other properties owned by Mr. Abrahamsen currently enrolled in the Agriculture Preserve program. The Ag Preserves program guarantees agricultural use of the property for eight years and provides a tax break for the owner. Staff has no concerns with this request and recommends approval of the rezoning. This is subject to Council action subsequent to a required public hearing. MOTION by Huntington recommending to City Council approval of the request of Mr. Abrahamsen for rezoning of the properties from AG Agriculture to AG -P Agricultural Preserves as submitted. Second by Meyer. Ayes: 5. Nays: 0. City Planner Wozniak discussed an application submitted by Herb Wensmann and his partnership to amend the Comprehensive Guide Plan to redesignate approximately 46 acres situated between Shannon Parkway and the westerly boundary of Rosemount from Agriculture to General Commercial and to add the property to the Metropolitan Urban Service Area (MUSA). Wozniak reminded the Commission that a similar request was brought before them in April, 1989 and at that time it was recognized that the proposed site was in conflict with the Comprehensive Guide Plan, however, the Commission recommended further study of the proposal by staff and Council. Council determined that it could not consider a Comprehensive Guide Plan Amendment citing concern for the potential of a negative impact in allowing commercial not contiguous to existing commercial areas. City Planner Wozniak advised that the Commission analyze the goals, policies and objectives of the Rosemount Comprehensive Guide Plan and determine whether the request for redesignation of the subject property to allow a major retail center use conforms to or is in conflict with the guide plan and City of Rosemount established policies. Specific issues to be addressed as identified by Wozniak were as follows: 1) Is there a negative impact to the existing downtown and South Rose Park retail areas? 2) Is there an adequate market to support the proposed retail center? 3) Is the necessary infrastructure in place to serve the proposed development? Tim Whitten and Rick Christensen, architects from Heise, Reinen, MacRae Associates, and representatives from Kraus- Anderson, a construction and management company, have joined in partnership with Herb Wensmann for development of the proposed retail center and were present to discuss their proposal. Mr. Whitten maintained that their proposal does not deviate from the guide plan noting that, although presently the site is not contiguous with existing retail, the development represented a timing issue and that it is only S a matter of time for retail uses to "fill in" along CSAH 42 between the South Rose Park center and the subject property. The partnership believes that the retail center proposal is consistent with the Star City five year plan to promote retail development and the Hoisington- McComb report which suggests a retail use of the property immediately to the west of South Rose Park is likely to be developed in the future and that this proposal represents only a timing issue in being contiguous to other retail development. Regular Planning Commission Meeting Minutes January 23, 1990 Page Two Rick Christensen briefly reviewed the proposed site plan for the retail center describing access, parking alignment, general design of the plat which includes two outlots, the "small town" architecture style and proposed phasing. Bruce Halbausch, Vice President of Marketing for Kraus Anderson, discussed the type of tenants they foresee and how they will compliment existing retail centers. There were several Rosemount businesses represented in the audience and Chairman Toombs opened up the floor to their comments. Ron Carlson, developer of South Rose Park, stated that he is currently working on securing tenants for his approved center and finding tenant marketing very difficult. Another center would create a large retail inventory in Rosemount and represents a burden for anyone attempting to procure occupants in existing project areas. John Loch, Loch Pharmacy, indicated that, although competition is good, another pharmacy at this time could endanger his existing business if the market is not there. Marie Jensen, land development realtor for Jensen and Associates, contended that there is a market for retail space in Rosemount noting that people have been turned away because Rosemount does not offer available or adequate retail space. Mr. Whitten added that the development group sees reality in marketing of this site for retail development. Mr. Halbausch stated there has been no formal market evaluation at this time. Commissioner Jacobson stated the Rosemount Comprehensive Guide Plan is the framework for decisions in community development and that an amendment such as the one requested would diminish our "small town" character and should be opposed. He stated further that it is the Planning Commission's responsibility to strengthen the "downtown" retail center and uphold the Rosemount Comprehensive Guide Plan unless our citizens tell us otherwise. Community Development Director Dean Johnson stated that the Citizen's Advisory Committee report has not been formally acted on by Council, however, their findings would strengthen the goals of Rosemount's comp plan. The Commission concurred that this matter be tabled to provide them more time for evaluation and invited Rosemount businesses to attend their next meeting for additional comment. MOTION by Meyer to table action on the Rosemount Comprehensive Guide Plan Amendment Application submitted by Herb Wensmann until the next regular meeting. Second by Jacobson. Ayes: 5. Nays: 0. City Planner Michael Wozniak presented a revised sign ordinance for adoption into the new zoning ordinance. At the public hearing held by Council to adopt the new zoning ordinance significant concerns were expressed by members of the business community regarding the sign ordinance section. At that time it was the decision of City Council to adopt the new zoning ordinance and retain the previous sign segment. A sign ordinance committee, comprised of community business representatives and city staff, was appointed to address concerns and revise the recommended sign ordinance for incorporation into the new zoning regulations. Planner Wozniak highlighted the significant modifications to the original sign regulations resolved by staff and the committee. The Sign Ordinance Committee and several community business representatives and City Councilmembers were present in the audience for comment. Issues were raised regarding restrictions on the following: 1) flags, pennants, flags; 2) clarification of strings of lights (holiday lights); 3) time limitations on portable signs; 4) the absence of an appeal procedure; and 5) rotating/moving signs. MOTION by Jacobson to defer action on the revised sign ordinance to allow further Planning Commission examination of the new draft ordinance amendment. Second by Meyer. Ayes: 5. Nays: 0. Regular Planning Commission Meeting Minutes January 23, 1990 Page Three City Planner Wozniak thanked the sign committee for their participation in the preparation of the sign ordinance and reiterated the Commission's invitation to the audience to attend the next regular meeting at which time it is hoped that a recommendation will be made to Council regarding the sign regulations. MOTION by Toombs to adjourn. Second by Huntington. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 6:45 p.m. Respe '•i ully submit Donna Quintus Recording Secretary eily P.O. BOX 510 of 2875 -145TH ST. W. osernoun� ROSEMOUNT MINNESOTA 55068 12- 423 -441 1 6 i Planning Commission REGULAR MEETING MINUTES FEBRUARY 13, 1990 Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on February 13, 1990 at 5:00 p.m. Acting Chairman Huntington called the meeting to order with members Hathaway, Meyer and Jacobson present. Also present was City Planner Michael Wozniak and Community Development Director Dean Johnson. MOTION by Hathaway to approve the January 23, 1990 Regular Meeting Minutes as printed. Second by Meyer. Ayes 4, Nays 0. The Agenda was amended as follows: Item 4b. DELETED (rescheduled to February 27, 1990 Regular Planning Commission Meeting at request of petitioner). Upon receipt of a corrected draft of the proposed revisions to Section 10 discussion of the Zoning Ordinance amendment regarding sign ordinance provisions resumed from the previous meeting. At that time several Rosemount business representatives identified areas of concern of the proposed sign ordinance. Key issues regarded the necessity for temporary signage permit and fee requirements, minimum duration and quantity of times per year for temporary signage allowed and the use of flags, banners, ribbons and pennants as a temporary means of advertising. Commissioner Jacobson conveyed Councilman Wilcox's concurrence with these issues as he had expressed at the previous Planning Commission meeting. City Planner Wozniak stated that although the Sign Ordinance Committee, comprised of City staff and City of Rosemount business delegates, did not reach a consensus on all issues, a compromise was reached with the majority of the committee comfortable with the regulations as presented. Planner Wozniak further explained that the purpose for requiring the permitting of temporary signs is to assure safety in sign installation, to examine whether vehicular or pedestrian safety is jeopardized, and to provide awareness to the applicant of the zoning ordinance dimensional standards. Commissioner Jacobson expressed objection to increasing the minimum dimensional standards of real estate signs to 24 square feet and, further, that the original standard of 12 square feet was too excessive for real estate signs. MOTION by Jacobson to modify Section 10.2.7 of the draft proposal sign ordinance to reduce the allowed square footage of residential real estate signs from 24 square feet to 6 square feet. Second by Meyer. Community Development Director Dean Johnson discussed the potential for hardship to a few properties that abut other uses "busy areas and that consideration should be given to multiple residential districts where larger signs may be warranted. Commissioner Jacobson withdrew his MOTION and Commissioner Meyer withdrew his Second. MOTION by Jacobson to modify Section 10.2.7 of the draft proposal sign ordinance to allow a maximum of six (6) square feet for residential signs in the R -1 District; and to allow a maximum of twelve (12) square feet for residential signs in the R -2, R -3 and R -4 Districts. Second by Meyer. Ayes: 4. Nays: 0. Mr. Chuck Terry, Coast -to -Coast Hardware, was in attendance and reiterated his and other business owner's objections to sign permit fees and the use of ribbons, banners, pennants, and strings of lights as temporary signage only. He stated that some businesses rely on this type of advertising due to obscure location of their businesses. Regular Planning Commission Meeting Minutes February 13, 1990 Page Two The Planning Commission concurred that a reasonable compromise had been reached by staff and the Sign Ordinance Committee on the use of this type of temporary signage considering the original draft prohibited them except when temporarily used for non commercial purposes. Commissioner Jacobson reminded those in attendance that they will have the opportunity for further input and comment at a required public hearing to be scheduled by City Council. MOTION by Huntington to recommend to City Council approval of Section 10 Signs for inclusion in Ordinance B City of Rosemount Zoning Ordinance. Second by Jacobson. Ayes: 4. Nays: 0. MOTION by Jacobson recommending to Council consideration of eliminating fees for sign permits or the establishment of a minimum sign permit fees necessary for compensation in offsetting administrative costs; and, further, recommended Council authorize the creation of a list of businesses for distribution of the proposed Sign Ordinance for their review and subsequent comment at a public hearing. Second by Meyer. Ayes: 4. Nays: 0. City Planner Michael Wozniak reviewed with the Commission a request from RCD Real Estate Partnership for a metes and bounds division of property. The resulting 10 -acre parcel is situated on the north side of 160th Street and east of the new AAA Auto Salvage property. The purpose of this request is to allow Knutson Rubbish to purchase this parcel for development of a proposed recycling center. The property in question is currently zoned AG Agriculture and the proposed division is consistent with Zoning Ordinance frontage and lot area requirements for the Agriculture District. MOTION by Huntington to approve the request from RCD Real Estate Partnership for a metes and bounds parcel division as submitted. Second by Meyer. Ayes: 4. Nays: 0. City Planner Wozniak discussed an application submitted by Daniel Sowles of L.H. Sowles, Inc. for a Rosemount Comprehensive Guide Plan Amendment to redesignate 55 acres from Agriculture to General Industrial. The property is located between County Road 42 and County Road 38 just west of STH 52. The intent of the applicant is to subsequently subdivide the 55 -acre parcel for industrial development. Mr. Ed Dunn, property owner, introduced Dan Sowles who described his company which manages and operates tower cranes used in high -rise construction. The company erects steel framing on major buildings, builds bridges and places large equipment for industrial development. Presently, Mr. Sowles is proposing to utilize only five acres of the site for equipment storage and as a maintenance facility for his business. In evaluating the Guide Plan Amendment Application staff did not identify any conflict with Community Development Goals, Objectives and Policies; however, the present guide plan does not have a provision for extension of public water and sanitary sewer to the site in question. This could become a significant issue in addressing the fire suppression needs of future industrial development. The proposed industrial subdivision raises some implications regarding fire protection, streets, potable water and the capacity of the Rosemount Sewer Treatment Plant for potential future provision of sanitary sewer. Community Development Director Dean Johnson informed the Commission that at a City Council and staff "goals session" the issue of industrial development in eastern Rosemount was addressed as a priority issue. Concern was expressed at this session that appropriate development is accommodated in eastern Rosemount. An update and revisions to the Rosemount Comprehensive Guide Plan is scheduled to begin this year with anticipated completion in June, 1991. Staff recommends deferment of any guide plan amendments in eastern Rosemount until a more in -depth study of this area is held by Council, staff, Planning Commission and the public to determine what uses are appropriate for this area. Commissioner Jacobson stated he felt the request was directly contrary to the guide plan objective to promote and encourage long -term agriculture uses of which this property has been designated. Mr. Jacobson concurred with staff's recommendation to defer this request until further study identifies whether industrial development of this site is appropriate or if long -term agricultural use should be promoted. Regular Planning Commission Meeting Minutes February 13, 1990 Page Three MOTION by Huntington to recommend to City Council that consideration of the L.H. Sowles Comprehensive Guide Plan Amendment application be deferred until the City has completed revision of the Goals, Policies and Objectives of the Rosemount Comprehensive Guide Plan. Second by Jacobson. Ayes: 4. Nays: 0. The Planning Commission was in agreement that the designation of uses for eastern Rosemount be a priority item in scheduling the guide plan revisions for preliminary indication to the applicant for future approval or disapproval of his redesignation request. Solberg Aggregate Company has submitted a Rosemount Comprehensive Guide Plan Amendment application to redesignate a 10 -acre parcel from AG Agriculture to IG General Industrial. This parcel is situated immediately east of STH 52 and north of County Road 42. Bob Solberg, property owner, stated his sand and gravel mining and bituminous paving business currently operates from an 80 -acre parcel south of Koch Refining. Koch Refining has purchased his present site and he is leasing the property for three years. Mr. Solberg stated he, wants to relocate his office and equipment storage to the subject 10 -acre site. He stated further that his operation does not require fire suppression, nor are they a high water and sewer user with only six full -time employees. Mr. Solberg also stated that the City should consider that large "industries control a majority of the industrial property with very few industrial use parcels available for small industry acquisition. Community Development Director Dean Johnson stated that, although this request differs from that of L.H. Sowles because it is a straight land use question, staff recommends deferment of action. The evaluation of this request should relate to the process of the total revision of the Rosemount Comprehensive Guide Plan, especially in regard to industrial land use issues for eastern Rosemount. Commissioner Huntington reiterated the Planning Commission recommendation that eastern Rosemount land use be a priority in the review and revisions of the guide plan. MOTION by Jacobson recommending to City Council that consideration of the Solberg Aggregate Company Comprehensive Guide Plan Amendment application be deferred until the City has completed revision of the Goals, Policies and Objectives of the Rosemount Comprehensive Guide Plan. Second by Hathaway. Ayes: 4. Nays: 0. Commissioner Jacobson apprised the Commission of a public hearing which was held February 12th regarding the Dakota County incinerator issue. He stated that the City of Rosemount should consider the objectives of our community in which the Rosemount Comprehensive Guide Plan promotes the continuation of the University property as being consistent with agricultural uses and that the use of the University property as an incinerator site represents a significant deviation from that objective. MOTION by Hathaway to adjourn. Second by Huntington. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 7:15 p.m. Re ctfully sub H ted, Donna Quintus Recording Secretary @il (7 2875 -145TH ST. W. osernouni ROSEMOUNT. MINNESOTA 55068 612- 423 -441 1 Planning Commission ANNUAL MEETING MINUTES FEBRUARY 27, 1990 Pursuant to due call and notice thereof the Annual Meeting of the Planning Commission was duly held on February 27, 1990 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 and Community Development Director Dean Johnson. MOTION by Hathaway to approve the February 13, 1990 Regular Meeting Minutes as printed. Second by Meyer. Ayes: 5. Nays: 0. As mandated in the Rosemount Planning Commission Bylaws the Annual Meeting is designated as the time for election of the offices of Chairman and Secretary. Chairman Toombs opened the floor for nominations. Commissioner Jacobson proposed Commissioner Daniel Huntington be nominated as Planning Commission Chairman and Commissioner Sheila Hathaway be nominated as Planning Commission Secretary. Mr. Jacobson added that recognition is due Steve Toombs for his outstanding service as Chairman these past years. MOTION by Toombs to close the nominations and to elect Daniel Huntington as Chairman and Sheila Hathaway as Secretary for the 1990 Planning Commission. Second by Hathaway. Ayes: 5. Nays: 0. City Planner Michael Wozniak briefly reviewed the request from Herb Wensmann and his affiliates for an amendment to the Rosemount Comprehensive Guide Plan. In order to accommodate a proposed 200,000± square foot retail development, the partnership has petitioned for the redesignation of approximately 46 acres situated south of CSAH 42, between Shannon Parkway and the future extension of Diamond Path, from Agriculture to General Commercial. In addition, they are requesting this property be added to the Metropolitan Urban Service Area (MUSA). In analyzing the Wensmann proposal, it is the judgement of staff that this request represents a clear conflict with the Goals, Policies and Objectives of the Rosemount Comprehensive Guide Plan and is inconsistent with City policy regarding contiguous development. It was also determined that the request is premature due to the timing for construction of essential public improvements and that the developer has provided no evidence as to whether an adequate retail market exists to support the amount of commercial development proposed. It is the recommendation of Planning staff that consideration of the Rosemount Retail Center Comprehensive Guide Plan application be deferred until the City has completed revision of the Goals, Policies and Objectives of the Comprehensive Guide Plan. Staff further recommends that the Planning Commission recognize that there would be additional expenses for the installation of necessary public improvements. It was noted that the Planning Commission is obligated, as stated specifically in the Guide Plan, to require a market study as part of any request for a general commercial rezoning. Tim Whitten, a consultant representing the applicant, stated that it is the developer's intent to phase development of the retail center as dictated by market demand and that this center will attract a retail market that is not interested nor could be accommodated in a downtown location. Mr. Whitten noted receipt of Letters of Intent from potential tenants, however, criteria for interest is dependent upon a timetable for development, property ownership and zoning status. An indication is needed from the City for redesignation and future rezoning in order to pursue a market study. Annual Planning Commission Meeting Minutes February 27, 1990 Page Two Anne Aune, Les Aune and Jim Corrigan, Carrollton 2nd Addition residents, and Diann Lansing, Wensmann 2nd Addition resident, expressed their objections to the proposed retail center citing increased traffic in residential areas, pollution concerns (auto exhaust, typical retail center debris, noise, etc.), potential for crime and concern for children/pedestrian safety. The residents agreed that they did not oppose retail growth, however, they favored contiguous retail growth from the downtown area. Ron Carlson reiterated his comments from the previous meeting of his opposition to the Wensmann proposal stating there is a lack of need for more retail space based on personal experience in his attempt to secure anchor tenants for his approved retail center in South Rose Park. Virgil Hammerstad, Wensmann partner, stated that a precedent had been set when property out of South Rose Park was rezoned to accommodate the Rosemount National Bank. He stated that staff had suggested they could support the proposal if it was for the property contiguous to the bank (McNamara property). Community Development Director Dean Johnson clarified that earlier staff comments were that marketability and consistency with City policy could make the McNamara site more feasible in considering the Wensmann retail center proposal. If the need existed for commercial uses that could not be accommodated in the existing downtown or South Rose Park, a logical extension may be the McNamara property. Since that time the City has invested a considerable amount of funds in their own market study. Based upon the content of the Rosemount Comprehensive Guide Plan, results of the City market study, resident input at several town meetings, a Citizen Advisory Board and Citizen Attitude Survey, staff believes this proposal is inconsistent with numerous City policies and what the City and its residents have proclaimed they want. Additionally, the cost and capability of providing the necessary infrastructure is a significant issue. This retail development proposal also impacts traffic patterns, the timing for extension of Diamond Path for use as access to the center and the imminent requirement for street signals. These issues can be adequately addressed concurrent with the revision of the Rosemount Comprehensive Guide Plan in considering City goals and policies. Commissioner Meyer expressed support of the amendment stating he was in favor of a commercial zoning of this site in the future. Commissioner Huntington agreed with Commissioner Meyer, however, a deferment in action should not impact the Wensmann proposal if the Guide Plan revisions are scheduled to be completed within one year. Commissioners Hathaway and Toombs concurred that this property may eventually be zoned for commercial use. However, the City has a commitment to existing in -place improvements of an approved retail development in South Rose Park and retail vacancies in the downtown central business area. Commissioner Jacobson stated he was pleased with the proposal which he felt signified that the City of Rosemount has potential for future retail development, however, the site represented a clear inconsistency with the Comprehensive Guide Plan. He invited the applicants to actively participate in the process for formulation of the guide plan revisions. MOTION by Toombs recommending to City Council denial of the Rosemount Comprehensive Guide Plan Amendment as requested by Herb Wensmann. Second by Hathaway. Ayes: Hathaway, Huntington, Toombs, Jacobson. Nays: Meyer. Motion carried. Rosemount Comprehensive Guide Plan Amendment No. 15 was presented for Planning Commission approval. This amendment would redesignate 120 acres of property located west of Biscayne Avenue and north of 160th Street from Agriculture to General Industrial. The property in question includes the existing Gas Supply tank storage site and AAA Auto Salvage, both of which are currently zoned General Industrial, as well as the 10 -acre site proposed for the Knutson recycling operation. The purpose of the requested redesignation is to bring the Rosemount Comprehensive Guide Plan into conformance with previous and anticipated City actions. The Commission was in agreement that the plan amendment be modified to redesignate only those parcels presently used for industrial purposes and the proposed Knutson recycling site. Annual Planning Commission Meeting Minutes February 27, 1990 Page Three MOTION by Huntington to recommend to City Council approval of Rosemount Comprehensive Guide Plan Amendment No. 15 to redesignate 80 acres in Section 32, Township 115, Range 19 to include the Gas Supply tank storage site, AAA Auto Salvage property, and the proposed Knutson recycling site. Second by Toombs. Ayes: 5. Nays: 0. MOTION by Huntington to adjourn. Second by Jacobson. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 6:15 p.m. Res tfully subm' Donna Quintus Recording Secretary t Y 2875 -145TH ST. W. osernoun� ROSEMOUNT. MINNESOTA 55068 612- 423 -441 1 Planning Commission REGULAR MEETING MINUTES MARCH 13, 1990 Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on March 13, 1990 at 5:00 p.m. Chairman Huntington called the meeting to order with members Toombs, Meyer and Jacobson present. Also present was Community Development Director Dean Johnson. MOTION by Meyer to approve the February 27, 1990 Annual Planning Commission Meeting Minutes as presented. Second by Toombs. Ayes: 4. Nays: 0. Parker Communications, Inc., a Twin City AM radio broadcast company (KTCJ -AM), has submitted a proposal to construct a radio antennae system on a 40 -acre parcel approximately 1 mile west of the intersection of CSAH 42 and STH 55 on the north side of Highway 55. Community Development Director Dean Johnson advised that the current Zoning Ordinance does not recognize radio antennae as a principal use nor identify radio antennae at these heights as an allowed use of property in any zoning district in Rosemount. Evaluation of the proposed use by the Planning Commission is required to determine if this is a land use the City may want to accommodate. It would require an amendment to the Rosemount Zoning Ordinance should this proposed use be considered. Ronald Kazda, Vice President Operations for Parker Communications, Inc., and Linda Fisher, attorney for Larkin, Hoffman, Daly Lindgren, Ltd. representing Parker Communications, Inc., were in attendance to discuss their proposal and answer questions from the Planning Commission. Ms. Fisher and Mr. Kazda discussed the criteria for selection of the Rosemount property which included appropriate technical locational criteria, soil characteristics, flat topography and compliance with FAA and FCC requirements. Ms. Fisher noted that preliminary visual impact studies have also been prepared and were included in the informational booklet previously distributed to the Commission for their review. The basic proposal is to construct four 360 -foot broadcast towers on the site in question. Ms. Fisher suggested that an amendment to the text of the Zoning Ordinance could be structured to retain existing AG zoning and can include geographic restriction on Agriculture zoned property eligible for such communication facilities. KTCJ and city staff are studying various alternatives, including, but not limited to, amendment of the text of the AG District to allow radio antennae as either a permitted use or an interim use subject to performance standards. Both of these approaches retain the project site's underlying AG zoning. The Planning Commission recognized that this proposal for the 40 -acre site would not generate the amount of tax dollars to the community as other surrounding industries and questioned what benefit the City could expect to obtain for allowing this use. Mr. Kazda addressed the concept of providing services to Rosemount in lieu of taxes and discussed several ideas KTCJ is willing to explore with the City which included payment in lieu of taxes. Community Development Director Dean Johnson suggested the applicants initiate a study of what taxes might occur on a property this size based on a comparison to similar industrial properties in the Pine Bend area to allow the City an opportunity to determine whether the intangible benefits offered by KTCJ are comparable to surrounding property tax income. The balancing of these intangibles with traditional or conventional benefits would be a process to be determined. Regular Planning Commission Meeting Minutes March 13, 1990 Page Two 41) The City has received a request from Herb Wensmann to add approximately 25 acres to the Metropolitan Urban Service Area (MUSA) and to redesignate this property from AG Agriculture to R -1 Single Family Residential to allow development of Wensmann Fifth Addition, 38 single family lots, which represents the final phase of the Wensmann Additions. Wensmann Fifth Addition is consistent with the approved Wensmann Additions PUD. Staff recommends approval of Comprehensive Guide Plan Amendment No. 16 as presented. MOTION by Huntington to recommend approval of Rosemount Comprehensive Guide Plan No. 16. Second by Toombs. Ayes: 4. Nays: 0. Community Development Director Johnson defined the boundaries of Rosemount EDA Development District No. 1 which specifies a broad planning district for economic development purposes. Tax Increment Financing District Number. 1 -1 designates the ten -acre site identified by Knutson Rubbish and the City as an appropriate site for their proposed recycling operation. Establishment of TIF District No. 1 -1 will allow expenditure of tax increment funds to defray the cost for construction of a watermain along 160th Street which is consistent with the Rosemount Comprehensive Guide Plan Goals, Objectives and Policies and Land Use Designation. MOTION by Huntington to adopt Resolution 1990 -PC1 A RESOLUTION FINDING THAT THE ROSEMOUNT DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1: TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING (ECONOMIC DEVELOPMENT) DISTRICT NO. 1 -1. Second by Toombs. Ayes: 4. Nays: 0. III MOTION by Huntington to adjourn. Second by Meyer. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 5:55 p.m. Res ctfully subm d, 1 a/ Donna Quintus Recording Secretary CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 1990 -PC1 A RESOLUTION FINDING THAT THE ROSEMOUNT DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1: TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING (ECONOMIC DEVELOPMENT) DISTRICT NO. 1 -1 WHEREAS, the Economic Development Authority (EDA) of the City of Rosemount has prepared the Development Program for Development District No. l: Tax Increment Financing Plan for Tax Increment Financing District No. 1 -1., dated February 20, 1990; 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 EDA and the City Council of the City of Rosemount that the Development Program for Development District No. 1: Tax Increment Financing Plan for Tax Increment Financing District No. 1 -1., dated February 20, 1990 is in conformance with the City of Rosemount Comprehensive Guide Plan. ADOPTED this 13th day of March, 1990. Da iel Huntin Chairman ATTEST: M p.) ,ai1 Sheila Hathaway, Se Motion by: Hi,nti ngon Seconded by: Toombs Voted in favor: Huntington, Toombs, Meyer and Jacobson Voted against: @ZtY o f 2875 -145TH ST. W. osernoun� ROSEMOUNT. MINNESOTA 55068 612- 423 -4411 Planning Commission REGULAR MEETING MINUTES MARCH 27, 1990 Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on March 27, 1990 at 5:00 p.m. Chairman Huntington called the meeting to order with members Toombs, Hathaway and Meyer present. Also present was City Planner Michael Wozniak and Community Development Director Dean Johnson. MOTION by Meyer to approve the March 13, 1990 Regular Planning Commission Meeting Minutes as presented. Second by Hathaway. Ayes: 4. Nays: 0. Commissioner Jacobson arrived at 5:03 p.m. At the March 13, 1990 regular meeting, the Commission heard a presentation from Parker Communications, Inca regarding a development proposal for construction of four 360 -foot A.M. radio antennae on a 40 -acre parcel in the Agriculture District. At that time the Planning Commission was notified that a modification to the Rosemount Zoning Ordinance would be required to allow this proposal in any district within the City of Rosemount. Discussion ensued regarding methods to accommodate the proposal. City Planner Michael Wozniak advised that the applicant has elected to proceed with their request and has submitted a petition for a Zoning Ordinance Text Amendment. Planner Wozniak referred to a draft zoning ordinance amendment developed by staff which would allow radio antennae as an Interim Use, subject to performance standards, in the Agriculture District and summarized the proposed modifications. Linda Fisher, attorney representing Parker Communications, Inc., and Ronald Kazda, Vice President Operations for Parker Communications, were in attendance for comment and clarification of the ordinance revisions and to answer questions regarding specifics of their proposed facility. Ms. Fisher introduced Susan Ubbelohde, professor at the University of Minnesota School of Architecture, who has been retained by Parker Communications, Inc. to perform a study and analysis of visual impact of the proposed antennae to surrounding neighborhoods of the proposed site. After defining methods used in her study, Ms. Ubbelohde provided a slide presentation to clarify and support her findings that residential visual impact is minimized by distance of the homes from the site and that there is partial to total screening due to tree growth surrounding some of the impacted properties. Commissioner Jacobson stated his concern for Planning Commission making a formal recommendation without notification to and benefit of public comment from residents potentially impacted by these decisions. Ms. Fisher stated the applicant is in the process of scheduling an informational neighborhood meeting with area residents and property owners to allow their comment and input regarding this proposal prior to any required formal public hearings. Community Development Director Dean Johnson further advised the Zoning Ordinance establishes a formal procedure for notification and public input regarding ordinance amendments. Johnson expressed concern that indiscriminate change in the formal process puts staff and an applicant at a disadvantage once the timetable for the proposal is established and the process is initiated. He suggested the Planning Commission discuss an amendment to the ordinance procedures if additional public input was considered necessary. Regular Planning Commission Meeting Minutes March 27, 1990 Page Two Commissioner Toombs left his chair at 5:58 p.m. MOTION by Huntington recommending to City Council approval of the zoning text amendment submitted by staff which would allow A.M. radio antennae as an Interim Use in the Agriculture District subject to performance standards. Second by Hathaway. Commissioner Jacobson reiterated his concern that recommendation for approval of this amendment may suggest to the public that the Planning Commission has approved the proposal before public awareness and without consideration of the opinion of those impacted by this action. Commissioner Jacobson further stated his belief that public comment sometimes aids in rendering a better decision. Vote on the MOTION: Ayes: Hathaway, Huntington, Meyer. Nays: Jacobson. RCD Real Estate Partnership, property owner, and Knutson Rubbish, Inc., developer, have requested a rezoning from Agriculture to General Industrial two contiguous 10 -acre parcels. These properties are situated north of 160th Street, just east of the AAA Auto Salvage operation. The RCD property is currently under option by AAA for future industrial development and the Knutson property is the site of the proposed Knutson Material Recovery Facility. Both parcels are consistent with the Rosemount Comprehensive Guide Plan Land Use Designation. A site plan for the Knutson Rubbish facility has been reviewed by staff, however, it has been determined that several issues still need to be addressed for compliance with ordinance requirements. Larry Knutson, Knutson Rubbish, Inc., stated he has been in communication with staff and is confident he can sufficiently address staff concerns. He advised that a completed site plan should be ready for submittal and formal review for the next meeting. MOTION by Huntington to recommend to City Council approval of the rezoning from AG Agriculture to IG' General Industrial twenty acres as presented. 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 decision this meeting was adjourned at 6:35 p.m. Res tfully submitt■. Donna Quintus Recording Secretary e P.O. BOX 510 ty 2875 -145TH ST. W. Osen20un R OSEMOUNT. MINNESOTA 55068 G' I 612- 423 -4411 Planning Commission REGULAR MEETING MINUTES APRIL 10, 1990 Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on April 10, 1990 at 5:00 p.m. Chairman Huntington called the meeting to order with members Toombs, Hathaway, Meyer and Jacobson present. Also present was City Planner Michael Wozniak. MOTION by Toombs to approve the March 27, 1990 Regular Planning Commission Meeting Minutes as presented. Second by Meyer. Ayes: 5. Nays: 0. The 19th Annual Minnesota Planning Conference will be held May 3rd and 4th at the Holiday Inn Airport in Bloomington. City Planner Michael Wozniak noted that the City Council has authorized attendance by the Planning Commission. If interested in attending, the Commission was advised to process their own registration and submit to the City a request for reimbursement of registration fees. The Planning Commission reviewed a revised site plan for the materials recovery facility (MRF) submitted by Knutson Services, Inc. David Bordson, CRS, Inc. and developer of the site plan, was present to answer questions and discuss details of the site plan. The purpose of the MRF operation is to upgrade and densify recyclables collected from Knutson's customers. The 20,700 square foot prefabricated steel structure will be located on a 10 -acre parcel north of 160th Street West to the east of the AAA Auto Salvage operation. In previous action the Planning Commission recommended approval of a Comprehensive Guide Plan Land Use redesignation of the 10 -acre site from agriculture to industrial. The Planning Commission has also recommended approval to rezone the site from AG Agriculture to IG General Industrial. City Planner Michael Wozniak advised the site plan, as submitted, meets minimum requirements for setbacks, parking, screening and landscaping. Further, the submitted plan meets all recycling operation requirements as set forth in Section 14.9 of the Zoning Ordinance. However, staff has recommended minor changes in the aesthetic treatment of the structure for appearance improvement and to fully meet the intent of the ordinance. MOTION by Huntington to approve the Knutson Material Recovery Facility site plan subject to the following staff recommendations: 1) the lower seven feet of wall surface the north side of structure to be treated with decorative concrete block for compliance with the 25% ordinance requirement for that side of the building; 2) modification to the aesthetic treatment on the north end of the east elevation to accomplish a uniform appearance; 3) a mansard roof be utilized on the north side of building for consistency; 4) submission of a detailed landscape plan prior to construction clearly referencing species to be utilized and exact numbers of plant materials to be installed as approved by the City Planner. Second by Toombs. Ayes: 5. Nays: 0. The Goals and Objectives Session held by City Council and staff identified the revisions to the Rosemount Comprehensive Guide Plan as its highest priority item for completion. Planner Wozniak discussed the role of the Planning Commission in the impending guide plan revision process. According to State Statute, the local Planning Commission is designated as the Planning Agency which reviews and makes recommendations to City Council regarding Comprehensive Guide Plan modifications and revisions. He advised that City Council plans to conduct a Council workshop to discuss and develop the procedure for the update. Regular Planning Commission Meeting Minutes April 10, 1990 Page Two MOTION by Jacobson to resolve that the Planning Commission is anticipating the revision of the Rosemount Comprehensive Guide Plan and, acting accordingly, the Planning Commission recommends to the City Council to proceed with the revision. Second by Meyer. Ayes: 5. Nays: 0. Chairman Huntington suspended the Regular Planning Commission Meeting at 5:35 p.m. Chairman Huntington opened the Board of Appeals and Adjustments at 6:00 p.m. in order to conduct a scheduled public hearing. Chairman Huntington opened the public hearing to receive input on the Variance Petition submitted by Martin Heuer. City Planner Michael Wozniak had in his possession Affidavits of Publication and Mailed and Posted Hearing Notice. Martin Heuer, 12550 South Robert Trail, has requested a variance to Zoning Ordinance minimum lot size requirements in the Rural Residential District. Mr. Heuer owns a 1/2 -acre parcel which abuts a 1.38 -acre parcel owned by his son, Mark Heuer. Martin Heuer's residence was recently severely burned by fire. In his preparation to rebuild on the same site it was identified that his parcel was landlocked with no legal access to the property. It was further brought to his attention that the septic system for his property was situated on the abutting parcel currently owned by his son. In cooperation with his son, it is Mr. Heuer's intent to create two parcels, each with the required 150 feet of frontage on South Robert Trail. The proposed division is logical as it would not increase the housing density and would allow Martin Heuer to combine that portion of his son's lot which contains the septic system for his house onto his own parcel. There were no persons present for further comment. Chairman Huntington closed the public hearing to allow action on the Martin Heuer variance request. MOTION by Huntington to approve the variance request of Martin Heuer to allow subdivision of property resulting in parcels less than the required lot size minimum for the Rural Residential District contingent to the following requirements: 1) that the subdivision be approved only by normal platting procedures and not as a division of property by metes and bounds description. 2) that each resulting parcel, when the property is platted, meets zoning ordinance requirements of a minimum of 150 feet of frontage on South Robert Trail; 3) that prior to final plat approval the applicant provide evidence that legal access will be provided to the property identified as 12550 South Robert Trail by means of a driveway easement, which shall be recorded at such time as the final plat is recorded with Dakota County. Second by Toombs. Ayes: 5. Nays: 0. Chairman Huntington closed the Board of Appeals and Adjustments and reopened the Regular Planning Commission Meeting. MOTION by Toombs to adjourn. Second by Jacobson. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 6:10 p.m. Res ctfully sub ,,d, /1-0-.1 Donna Quintus Recording Secretary 4111/ P.O. BOX 510 et of 2875 -145TH ST. W. osernoun� ROSEMOUNT MINNESOTA 55068 612- 423 -441 1 Planning Commission REGULAR MEETING MINUTES APRIL 24, 1990 Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on April 24, 1990 at 5:00 p.m. Chairman Huntington called the meeting to order with members Meyer and Jacobson present. Also present was City Planner Michael Wozniak. MOTION by Meyer to approve the April 10, 1990 Regular Planning Commission Meeting Minutes as presented. Second by Jacobson. Ayes: 3. Nays: 0. City Planner, Mike Wozniak presented to the Commission for their review a copy of Chapter 1 of the City Code (Planning Commission) and a copy of the Bylaws for the Planning Commission of the City of Rosemount. These two documents outline the Commission's responsibilities and the authority which they hold. It was the concern of the Commission that they fulfill their duties and responsibilities as outlined in this documentation. Specifically stated in their responsibilities was to review the five year CIP budget annually. It was the consensus of the Commission to direct staff to research the history behind the reviewing of the CIP budget by the Commission. Upon staff's findings, the Commission will either review the CIP budget as directed or ask the City Council to remove this item from the Commission's responsibilities. Wozniak distributed a copy of the State Statute pertaining to the Planning Commissions responsibilities. The Commission directed staff to seek clarification on the State Statute. When adopting the Zoning Ordinance last fall the City neglected to include the Mississippi River Corridor Ordinance which was originally adopted by the City m February of 1980. The purpose of the ordinance is to establish regulations to implement management of an area designated as the Mississippi River Critical Areas Corridor in accordance with the Critical Areas Act of 1973, and the Governor's critical area designation order, Executive Order No. 130 (as amended) dated November 23, 1976, and pursuant to Minnesota Statutes, Chapter 116G. In conjunction with adoption of the Mississippi River Corridor Ordinance in 1980 the City also prepared and adopted the "Mississippi River Critical Area Plan" (MRCAP). The MRCAP was prepared in recognition of the need to preserve the environmental and economic values afforded by the Mississippi and economic values afforded by the Mississippi river and in response to the requirement of the Environmental Quality Board and the Metropolitan Council. MOTION by Jacobson to recommend to the City Council to amend the City of Rosemount Zoning Ordinance (Ordinance B) to include the Mississippi River Corridor Ordinance. Second by Meyer. Ayes: 3. Nays: 0. Chairman Huntington suspended the Regular Planning Commission Meeting at 5:41 p.m. Chairman Huntington opened the Board of Appeals and Adjustment at 6:00 p.m. in order to conduct a scheduled public hearing. Chairman Huntington opened the public hearing to receive input on the Variance Petition submitted by Anthony Crystal Darsow. City Planner Michael Wozniak had in his possession Affidavits of Publications and Mailed and Posted Hearing Notice. Anthony and Crystal Darsow, 1770 135th Street East, have requested a varianace to the Zoning Ordinance maximum height requirements for mechanical appurtenanace in the Agriculture District. The purpose of this variance request is to allow construction of a windmill with blades which would extend beyond the 100' height limit for the District. The purpose of the windmill is to generate electricity. Regular Planning Commission Meeting Minutes April 24, 1990 Page Two The Darsow's own a five acre parcel of property situated on the south side of 135th St. E. 3/4 of a mile east of Akron Avenue. The proposed site location for the windmill is well within the boundaries of their property. The tower for the windmill is 100' in height with the blades extending another 15'. The entire structure is beyond the height limitation for the Agriculture District. There were no persons present for further comment. Chairman Huntington closed the public hearing to allow action on the Anthony and Crystal Darsow variance request. MOTION by Huntington that the construction of this 120' windmill does require a variance and to approve the variance request of Anthony and Crystal Darsow to allow the construction of a 120' windmill. Second by Meyer. Ayes: 3. Nays: 0. Commissioner Jacobson has indicated that there is a concern over the lighting at the new Super America station located at 12515 Dodd Blvd. Jacobson indicated that the lighting seems to be different from what was initially indicated on the plans, which were originally submitted for approval by the Planning Commission. It was the concensus of the Commission to direct staff to review the original plans to see if Super America is is compliance with the orginal plans and to report back the findings at the next Planning Commission meeting. 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 6:30 p.m. Respectfully submitted, Maryann Stoffel Recording Secretary 22 P.O. BOX 510 ll� 2875 -145TH ST. W. osernoun� ROSEMOUNT. MINNESOTA 55060 612- 423 -4411 Planning Commission REGULAR MEETING MINUTES MAY 8, 1990 Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on May 8, 1990 at 5:00 p.m. Chairman Huntington called the meeting to order with members Hathaway, Meyer and Jacobson present. Also present was City Planner Michael Wozniak. The May 8, 1990 Planning Commission agenda was amended to include: 4c.) Super America Station Update; and 4d) Planning Commission Public Hearing Responsibilities. MOTION by 'Jacobson to approve the April 24, 1990 Regular Planning Commission Meeting Minutes as presented. Second by Meyer. Ayes: 4. Nays: 0. The City has received a request from Cliff Carlson, Carlson Farms of Rosemount, for a simple lot division of a portion of Lot 1, Block 1, South Rose Park Addition Replat affecting the Mac's Bottle Shop property. The original simple lot division approved by Council last fall to create the Mac's Bottle Shop parcel included a portion of the future Rosemount Center site to satisfy minimum parking requirements. At that time, the Carlson indicated that, upon development of the Rosemount Center, this parcel would become a part of the total development and the lot line could be reconfigured with parking provisions for Mac's Bottle Shop regulated through a PUD agreement. The purpose of this recent lot division request is to allow the property owner to place a mortgage on the Mac's Bottle Shop property without encumbering the entire site of the future Rosemount Center project. The developer has also submitted a letter stating that, should the Rosemount Center project not commence before December 31, 1991, the Mac's Bottle Shop parcel will be replatted to include the required parking at that time. Staff further recommends that a shared parking agreement be executed and recorded with this lot division to assure future parking compliance. MOTION by Huntington to recommend to City Council approval of the proposed simple lot division requested by Carlson Farms of Rosemount subject to submittal of a Certificate of Survey and legal description of the proposed parcel and subject to execution of a shared parking agreement; and further acknowledge receipt and the recording of the letter dated November 14, 1989 wherein Cliff Carlson, Carlson Farms of Rosemount, has committed to replatting the Mac's Bottle Shop property by December 31, 1991. Second by Meyer. Ayes: 4. Nays: 0. Chairman Huntington excused himself from his chair due to a personal interest in the outcome of action on the following item. Secretary Hathaway assumed responsibility of the meeting as Acting Chairperson at this time. Cliff Carlson, developer, has requested an amendment to the Rosemount Comprehensive Guide Plan to redesignate Lot 3, Block 2, South Rose Park Addition Replat from High Density Residential to General Commercial. In conjunction with this request, Mr. Carlson has also petitioned the City for a rezoning of this site from R -3 Multiple Residential to C -4 General Commercial. It is the intention of the developer to subdivide this property in the future to develop or sell for development, four lots for office /warehousing/retail use. Regular Planning Commission Meeting May 8, 1990 Page Two This property is located on the east side of Chippendale Avenue and north of Carousel Way and abuts land designated General Commercial to the north with High Density Residential designation on the south side of Carousel Way. It is the opinion of staff that commercial use of this property is compatible with abutting development. Since South Rose Park was designed as a commercial subdivision, it has further been determined by staff that existing street and utility design is adequate to accommodate commercial development. MOTION by Hathaway recommending to City Council approval of the redesignation of Lot 3, Block 2, South Rose Park Addition Replat to General Commercial in the Rosemount Comprehensive Guide Plan; and, further, recommending to City Council the rezoning of said property from R -3 Multiple Family Residential to C -4 General Commercial. Second by Meyer. Ayes: 3. Nays: 0. Chairman Huntington took his chair and resumed the Chairperson responsibilities. As previously requested by the Commission, City Planner Michael Wozniak advised that he has contacted the owner of the Super America Store, 14515 Dodd Boulevard, and requested confirmation that illumination of the site is in compliance with the site plan originally approved. Further information regarding compliance or inconsistencies ascertained will be provided as they are received. In accordance with state statute, the City Council is responsible for holding all public hearings. Therefore, when state statute references a` Planning Agency as responsible for holding public hearings for comprehensive guide plan amendments it is referring to city councils. City Councils also have the authority to establish Planning Commissions to serve as advisory boards to council and may further elect to relinquish some of their responsibilities to that commission. The Rosemount City Council has established such a commission and has delegated to the Planning Commission, in the capacity as the Board of Appeals and Adjustments, the responsibility of holding public hearings regarding variance petitions. City Planner Wozniak advised that if the Planning Commission wishes to broaden their responsibilities, in regard to public hearings, it would be appropriate to submit a formal, request to Council. MOTION by Huntington to adjourn. Second by Hathaway. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 5:34 p.m. Res l tfully submi 41 GG4.. Donna Quintus Recording Secretary O P.O. BOX 510 2875 -145TH ST. W. g?ose Un� ROSEMOUNT. MINNESOTA 55068 612- 423-4411 Planning Commission REGULAR MEETING MINUTES MAY 22, 1990 Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on May 22, 1990 at 5:00 p.m. Chairman Huntington called the meeting to order with members Toombs, Hathaway, Meyer and Jacobson present. Also present was City Planner Michael Wozniak. MOTION by Hathaway to approve the May 8, 1990 Regular Meeting Minutes as presented. Second by Meyer. Ayes: 5. Nays: 0. As directed by the Commission City Planner Wozniak advised that he had contacted Vern Kelley, owner of the SuperAmerica station located at 14515 Dodd Boulevard, and requested he address Commission concerns regarding site lighting. Mr. Kelley agreed to adjust the freestanding lights by directing the lamps downward. The consensus of the Commission was to re- evaluate the site lighting impact, after adjustment, to determine if it is acceptable before requesting further documentation confirming site plan compliance. City Planner Wozniak further informed the Commission that Mr. Kelley intends to install an American flag, along with landscape treatment, on the easterly point of his property as originally proposed. Although, there was no illumination of the flag shown on the original site plan, Mr. Kelley has expressed his desire to utilize lighting in the flag display. The Commission was in agreement that they had no concern for the use of lighting as long as the light was directed upward to the flag and did not create a negative visual impact on vehicular night traffic. The Nichols/Conlan Company has submitted for approval a preliminary plat and site plan for a 36- unit rental townhouse project. Mike Conlan, developer, and Stan Fishman, project architect, were in attendance to discuss their proposed development, identified as Cimarron Village Townhouses. The irregularly shaped 3.7 -acre parcel is bordered on two sides by city collector streets (145th Street and Dodd Boulevard). City Planner Wozniak noted that the site is currently zoned R -3 Multiple Residential with an underlying guide plan designation of high density residential and is compatible with land uses in that area. The plat, as presented, indicates an additional 15 feet of right -of -way (ROW) for 145th Street and an additional 19 feet of ROW for Cimarron Avenue. It was noted that Rich Hefti, City Engineer, has required a dedication of an additional 10 -foot drainage and utility easement around the entire site. The Park Director has further determined that cash in lieu of land dedication is desirable due to the close proximity of Kidder Park to the site. City Planner Wozniak reviewed with the Commission the site plan for Cimarron Village Townhouses. Dave Bechtold, Park and Rec Director, has recommended the City require construction of an 8 -foot wide bituminous pedestrian trail along the property frontage on Dodd Boulevard. Wozniak noted that staff has identified several issues in the site plan and has required/recommended several modifications that should be illustrated on the site plan affecting the following: 1) yard setbacks; 2) landscaping requirements; 3) grading detail; 4) improved emergency vehicular traffic access patterns; 5) specific utility design; 6) site lighting; 7) parking spaces; 8) the inclusion of an 8 -foot bituminous pedestrian trail; 9) location of trash receptacles; and 10) additional elevation sketches for accessory garages and the proposed Community Center Building. Regular Planning Commission Meeting May 22, 1990 Page Two MOTION by Huntington recommending to City Council approval of the Cimarron Village Townhouses preliminary plat subject to the following: 1) the addition of a 10 -foot wide drainage and utility easement around the entire site perimeter on the final plat; 2) the developer be required to meet subdivision Park Dedication requirement by payment of cash in lieu of land at the rate established by City Council for the year in which the development is platted. 3) the developer be required to design and construct an 8 -foot wide bituminous surfaced pedestrian trail situated within a 10 -foot wide pedestrian trail easement bordering the existing Dodd Boulevard street easement to be dedicated to the City. Second by Toombs. Ayes: 5. Nays: 0. MOTION by Huntington to table action on the Cimarron Village Townhouses site plan subject to revisions of the site plan submittal to meet the requirements specified by staff recommendations to the Commission in his Planner's Review, dated May 17, 1990. Second by Hathaway. Ayes: 5. Nays: 0. MOTION by Hathaway to adjourn. Second by Toombs. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 5:55 p.m. Res dully submitt i Donna Quintus Recording Secret 11 P.O. BOX 510 ZL� 2875 -145TH ST. W. osencoun� ROSEMOUNT MINNESOTA 55068 612- 423 -4411 Planning Commission REGULAR MEETING MINUTES JUNE 12, 1990 Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on June 12, 1990 at 5:00 p.m. Chairperson Huntington called the meeting to order with members Toombs, Meyer and Jacobson present. Also present was Community Development Director Dean Johnson and City Planner Michael Wozniak. MOTION by Toombs to approve the May 22, 1990 Regular Meeting Minutes as presented. Second by Meyer. Ayes: 4. Nays: 0. The June 12, 1990 Agenda was amended to include the following items: 3a.) Joe Altendorfer Request for Lot Division/Combination; 3b.) Exterior Lighting Ordinance; 3c.) Comprehensive Guide Plan Revision Update; and 4b.) SuperAmerica Lighting Issue. Joe Altendorfer, 12050 Bacardi Avenue, owns two abutting parcels in the Agriculture District. He has proposed to city staff that it is his desire to divide approximately two (2) acres from his 13 -acre homesite and combine these two (2) acres with the smaller one (1) -acre parcel. The purpose of Mr. Altendorfer's request is to provide a larger building site on the smaller parcel. Mr. Altendorfer has been advised by staff that a variance procedure is required because the creation of the three (3) -acre parcel does not conform to minimum ordinance density requirements (4/40) for the Agriculture District. No action on this item is required from the Planning Commission until a Variance Petition with legal descriptions is submitted and a public hearing is held. Commissioner Ron Jacobson requested discussion and consideration for an amendment to the Zoning Ordinance to include standards and regulations for exterior site lighting. Mr. Jacobson distributed copies of exterior lighting ordinances currently utilized in other communities which he had obtained as a prospective model for a Rosemount ordinance. Mr. Jacobson stated his concern is based upon recent debate regarding the configuration of the SuperAmerica Station exterior lights. City Planner Wozniak stated his agreement that it may be a good idea to evaluate whether or not Rosemount should have site illumination standards. Wozniak stated he is currently involved in drafting amendments to the ordinance to include sections for Flood Plain Management, Mississippi River Corridor Critical Areas and Tree Preservation, in addition to updating the Rosemount Comprehensive Guide Plan. However, City Planner Wozniak stated that, regardless of whether site illumination standards are in -place or not, staff has a heightened awareness of this lighting issue. If a major commercial project were to be submitted prior to a site lighting amendment, staff would be cognizant of lighting concerns and pursue reasonable site lighting requirements. Staff agreed to put this subject on the agenda for the next regular meeting with speculation as to a feasible timetable for staff evaluation and recommendation on this matter. MOTION by Jacobson that the Planning Commission endorses the concept of considering developing an ordinance addressing exterior lighting and so direct staff to continue investigation into an ordinance addressing said issue. Second by Meyer. Ayes: 4. Nays: 0. Community Development Director Dean Johnson discussed results of a recent City Council/Staff Workshop wherein a timetable for revisions and update of the Comprehensive Guide Plan was targeted for completion by the end of this year. As recommended by staff and approved by Council, Hoisington Group Inc. has been requested to submit a proposal for consultant services on this project. In response to Commissioner Jacobson's suggestion for continued resident involvement during the comp plan update, Community Development Director Johnson noted that staff is cognizant of valuable resident opinion gathered from several resident committees and citizen attitude surveys that have been authorized by Council the past two Regular Planning Commission Meeting Minutes June 12, 1990 Page Two years. The collected data, recommendations and survey information will be integrated into a credible document for fmal review by staff, several public reviewing agencies, city committees /commissions and citizen input through public hearings before ultimate adoption by Council. Johnson requested the Commission identify and inform staff of any specific issues they'd like to see changed/amended in the Comprehensive Guide Plan. Mr. Patrick Finnegan, Rosemount resident, was present and requested that the Commission consider requiring the developer of the site abutting the Tom Thumb center, 14537 Dodd Boulevard, to preserve the lilac bushes that border on the common boundary line (westerly border of Tom Thumb) as part of their site plan approval. The Commission agreed to defer action on the Cimarron Village Townhouses site plan to allow time for the arrival of the developer and project architect for discussion of this development. The Commission assured Mr. Finnegan that his request will be taken into consideration in their review of this project. Commissioner Jacobson requested further discussion of the lighting issues previously identified at the SuperAmerica station located on Dodd Boulevard. He suggested that the Planning Commission should require removal or modification of the wall -pack lighting because the lighting installed is not consistent with what was shown or known by the Planning Commission when the site plan was originally reviewed and approved. Because there have been no complaints by abutting residents, staff recommended withholding formal action until all Commissioners were present for discussion and to allow each the opportunity to determine whether they feel the present lighting of the SuperAmerica station is an issue. It was agreed that this item will be put on the. next Regular Meeting Agenda for further assessment and evaluation. Chairman Huntington recessed the Regular Planning Commission Meeting and opened the Board of Appeals and Adjustments to conduct =a scheduled 6:00 p.m. public hearing. The recording secretary had in her possession Affidavits of Publication and Mailed and Posted Hearing Notice for the request for variance to minimum square footage of an accessory Fred Hanson was present to discuss his petition submitted to the City to allow a 1,475 square foot detached garage on his property located at 2925 132nd Street West. Mr. Hanson contended that he had originally discussed his proposal with the Building Official two years prior to the adoption of the current Zoning Ordinance which restricts accessory buildings to a maximum aggregate total of 1,200 square feet. At that time the issue was aesthetics. Mr. Hanson has now submitted a plan for his accessory structure that is aesthetically consistent with his home. Mr. Hanson cited several reasons for his delay in submitting his revised plan in order to meet the aesthetic requirements and stated his belief that the ordinance requirements being modified during this period should constitute hardship and the variance allowed. City Planner Wozniak stated that aesthetic treatment of the proposed structure meets current ordinance requirements and acknowledged that the building would be compatible to the existing home. However, he reminded the Commission of the considerable deliberation by Council, Planning Commission and staff in evaluating this issue when reviewing changes to the old zoning ordinance. At that time it was concluded that 1200 square feet was not an unreasonable size for accessory structures. To approve this variance, which does not meet the requirements governed by ordinance for approval, would set a precedent and the Planning Commission would revert back to the previous practice of approving each accessory structure on a case -by- case basis. Commissioners Huntington and Toombs stated they believed that an exception may be appropriate because of the discussions previously held with the Building Official. Staff suggested that this could have been a consideration had the applicant submitted an application prior to adoption of the current Zoning Ordinance. There were no other persons present in the audience for comment. Chairperson Huntington closed the public hearing at 6:25 p.m. Regular Planning Commission Meeting Minutes June 12, 1990 Page Three MOTION by Meyer to deny the variance petition submitted by Fred Hanson and uphold the current zoning ordinance minimum square footage requirements. Second by Jacobson. Ayes: Meyer, Jacobson. Nays: Toombs, Huntington. Motion failed. MOTION by Toombs to table action on the Fred Hanson variance request until the June 26, 1990 Regular Planning Commission Meeting to allow consideration by the entire Board. Second by Huntington. Ayes: Toombs, Huntington. Nays: Meyer, Jacobson. Motion failed. Discussion ensued with the Board advising Mr. Hanson of the procedure for appeal to Council should the Board of Appeals and Adjustments deny his variance request. MOTION by Huntington to approve the petition presented by Mr. Fred Hanson, 2925 132nd Street West, for variance to minimum square footage for an accessory structure. Ayes: Toombs, Huntington. Nays: Meyer, Jacobson. Motion failed. Chairperson Huntington closed the Board of Appeals and Adjustments and reopened the Regular Planning Commission Meeting at 6:45 p.m. City Planner Michael Wozniak presented the developer's request for final plat approval of Wensmann Fifth Addition, the last phase of the Wensmann Additions PUD, and a petition for rezoning of this parcel from Agriculture to R -1 Single Family Residential. The Wensmann Fifth Addition, consisting of 38 single family lots, represents the final phase of the total 209 single family Wensmann Additions PUD. Planning staff recommends approval of the Wensmann Fifth Addition subject to a slight reconfiguration of lots in Block 3 to allow for a wider variety of home styles to fit on Lot 5 of that block. This plat is in conformance with the preliminary plat/PUD and meets all zoning and subdivision ordinance criteria with the exception of minimum lot frontage which was allowed to vary under the PUD procedure. MOTION by Huntington to recommend to Council approval of rezoning Wensmann Fifth Addition from Agriculture to R -1 Single Family Residential. Second by Toombs. Ayes: 4. Nays: 0. MOTION by Toombs recommending to Council approval of the Wensmann Fifth Addition fmal plat subject to modification of Block 3, such that the width of Lot 1 is decreased by two feet from 95 to 93 feet and the width of Lot 5 increased from 88 feet to 90 feet. Second by Huntington. Ayes: 4. Nays: 0. Linda Fisher, attorney for Parker Communications, Inc., and Ron Kazda, Vice President Operations for Parker Communications, Inc., were in attendance to request site plan approval for a proposed A.M. radio communications facility to be situated on Highway 55. Parker Communications, Inc. has submitted an Interim Use Permit Application for consideration by Council with action on the application scheduled for the June 19, 1990 Council meeting. City Planner Wozniak advised that the proposed project does not conform to existing property boundaries, therefore, a subdivision procedure with final plat approval will be required prior to construction. Further discussion of the site plan included staff concern on a discrepancy of the boundary of the property relating to existing vegetation. Mr. Kazda stated that he has been in touch with their engineer and it appears that construction of antenna radials extending into the heavily wooded area on the northwest corner of the site can be accomplished with minimum impact to healthy trees. Discussion also included a brief overview of benefits to the City as specified in a proposed Agreement which is required as part of the approval of the Interim Use Permit (IUP). Linda Fisher provided a brief synopsis of the neighborhood/resident meeting conducted by the developer and stated residents in attendance voiced no objections to the proposal. MOTION by Huntington to approve the site plan for Parker Communications, Inc. per submittals subject to fmal plat approval. Second by Toombs. Ayes: 4. Nays: 0. Representatives for development of Cimarron Village Townhouses were not in attendance for discussion of the site plan. Regular Planning Commission Meeting Minutes June 12, 1990 Page Four MOTION by Toombs to table review and action on the site plan for Cimarron Village Townhouses until the applicant is available to answer questions on site lighting design details. Second by Jacobson. Ayes: 4. Nays: 0. The Commission directed staff to advise the Cimarron Village Townhouses developer that the Commission desires details of light posts and light fixtures, visibility of light source to pedestrians and, further, to make the developer aware of concern for preservation of the lilac bushes along the easterly border of the site. 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 7:20 p.m. Resp a fully sub u 1, Donna Quintus Recording Secretary @it M 2875 -145TH ST W. �SeII LDU /l ROSEMOUNT, MINNESOTA 55068 612- 423 -4411 Planning Commission REGULAR MEETING MINUTES JUNE 26, 1990 Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on June 26, 1990 at 5:00 p.m. Chairman Huntington called the meeting to order with members Hathaway, Meyer and Jacobson present. Also present was Community Development Director Dean Johnson. MOTION by Hathaway to approve the June 12, 1990 Regular Planning Commission Meeting Minutes as presented. Second by Meyer. Ayes: 4. Nays: 0. Chairman Huntington suspended the regular order of the agenda to accommodate those present for discussion of Old Business and New Business items. Dave Bordson from Cal Recovery Systems Inc., Phil Graham from Ryan Construction, Wally Wall and Larry Knutson from Knutson Material Services Inc. were in attendance to discuss and to request a revised site plan approval for the Knutson Material Recovery Facility. A revised site plan along with a sketch of the proposed building was presented to the Commission for their review. The revisions to the site plan were basically changes to the outside appearance of the structure, access/egress to the site and parking space. MOTION by Huntington to approve the revised Knutson Materials Recovery Facility Site Plan subject to the submittal of a detailed landscaping plan which complies with the Zoning Ordinance requirement subject to approval by the City Planner; and subject to a detailed Site Engineering recommendation from the City Engineer, Rich Hefti, including approval of a site grading plan. Second by Meyer. Ayes 4, Nays 0. Community Development Director Dean Johnson presented the Pine Bend Development Company Preliminary Plat, located along TH 55 in Sections 20 and 21, Township 115, Range 18. The purpose of the plat is to accommodate the division of property pertaining to the Parker Communications radio antenna project. The plat also combines parcel remnants that are created by the division of the Parker property, south of TH 55, as well as land locked parcels north of TH 55. The platting will create three platted lots. Ron Karzda, Parker Communications, and Linda Fisher, Larkin, Hoffmann, Daly and Lindgren, were present on behalf of the applicant. MOTION by Huntington to approve the Pine Bend Development Co. 1st Addition Preliminary Plat subject to dedication of public right -of -right and drainage and utility easements per recommendation of the City Engineer. Second by Hathaway. Ayes 4, Nays 0. Commissioner Jacobson expressed a concern that the lighting at night at SuperAmerica created a glare on three sides (North, South and West) of the building. The commissioner feels that the developer didn't faithfully keep the original objective in mind when installing the lighting and that the developer should voluntarily install a device to deflect this lighting. Chairman Huntington recessed the Regular Planning Commission Meeting and opened the Board of Appeals and Adjustment to conduct a scheduled 5:30 p.m. public hearing. Chairman Huntington opened the public hearing to receive input on the Variance Petition submitted by Terry Noble. The recording secretary had in her possession Affidavits of Publication and Mailed and Posted Hearing Notice. Regular Planning Commission Meeting Minutes June 26, 1990 Page Two Mr. Terry Noble of 4297 138th Ct. W. has petitioned the City for a variance to Zoning Ordinance height limits for fences to allow construction of a 7 foot high privacy fence along his east property boundary with the Country Hills Development. There were no persons present for comment. Chairman Huntington closed the public hearing to allow action on the Terry Noble variance request. MOTION by Huntington to deny the Terry Noble Variance Petition on the grounds that it does not meet the established criteria for variances in Section 15.2 or Ordinance B City of Rosemount Zoning Ordinance. Second by Meyer. Ayes 4, Nays 0. Chairman Huntington opened the public hearing to receive input on the Variance submitted by Jeanne Dabruzzi. The recording secretary had in her possession Affidavits of Publication and Mailed and Posted Hearing Notice. Ms. Dabr1177i of 3115 Lower 147th St., has petitioned the City for a Variance to allow a variance to side yard setback requirements in the R -1 Single Family Residential District to allow replacement of an existing accessory garage. The present garage is located within 3 feet of side lot line as are many others in this same neighborhood. The previous Zoning Ordinance allowed construction of accessory buildings to within 3 feet of side lot lines. Replacement of this existing garage would be an improvement to the neighborhood. In attendance were Rose Morrison, John Morrison, Jean Dabruzzi and John Stolberg. There were no other persons present for comment. Chairman Huntington closed the public hearing to allow action on the Jean Dabruzzi variance request. MOTION by Huntington to approve the Jeanne Dabruzzi Variance Petition. Second by Jacobson. Ayes 4, Nays 0. Mr. Fred Hanson was in attendance to receive action on his Variance Request. A public hearing was held on June 12, 1990. No consensus was reached at that time. Mr. Hanson reviewed his request with the Commissioners and requested action on his variance. Fred Hanson had petitioned the City to allow a 1,475 square foot detached garage on his property located at 2925 132nd Street West. Mr. Hanson contended that he had originally discussed his proposal with the Building Official two years prior to the adoption of the current Zoning Ordinance which restricts accessory buildings to a maximum aggregate total of 1,200 square feet. At that time the issue was aesthetics. Mr. Hanson cited several reasons for his delay in submitting his revised plan in order to meet the aesthetic requirements. Commissioner Huntington felt that good intention and effort was put forth by Mr. Hanson to plan for his garage before the ordinance changed. He sited that this variance would have been granted before the new ordinance had been adopted. Commissioner Hathaway concurred with his findings. MOTION by Huntington to approve the Fred Hanson Variance Petition. Second by Hathaway. Commissioner Jacobson wondered if this variance would pass all five test areas for the granting of a variance. The five areas include 1.) Granting a variance will not adversely affect the public health, welfare and safety and will not be detrimental or injurious to property or improvements in the neighborhood. 2.) Strict interpretation or enforcement would result in a practical difficulty or unnecessary hardship inconsistent with the intent of this ordinance and the Comprehensive Guide Plan. 3.) There are exceptional or extraordinary circumstances or conditions applicable to the property, use or facilities that do not apply generally to other properties in the same district. 4.) Strict or literal interpretation would deprive the applicant of the use and enjoyment of his property in a manner similar to other owners in the same district. 5.) Granting of the variance will not allow a use which is otherwise not a permitted use in the zoning district in question. Regular Planning Commission Meeting Minutes June 26, 1990 Page Three Further discussion relating to the meeting of these conditions evolved. AMENDED MOTION by Jacobson to amend Huntington's Motion to approve the Fred Hanson Variance Petition to include the findings that Fred Hanson met requirements for granting a variance, based upon the hardships and unusual circumstances surrounding the timing of his initial request, the evidence of intent of meeting ordinance requirements at that time and the subsequent change in ordinance requirements. Second by Huntington. Ayes 4, Nays 0. Vote on original motion. Ayes 4, Nays 0. Chairman Huntington closed the Board of Appeals and Adjustments and reopened the Regular Planning Commission Meeting at 6:10 p.m. Discussion resumed on the lighting at SuperAmerica. Chairman Huntington asked if there was an ordinance violation at SuperAmerica and if there had been any complaints about the lighting. Johnson stated he did not believe the lights were in ordinance violation and indicated the City had not received any complaints. It was the consensus of the Commission to direct staff to ask SuperAmerica to consider some shielding to their lighting. MOTION by Huntington to have staff request that SuperAmerica consider installing shield to deflect the lighting on the four wall packs. Second by Meyer. Ayes 4, Nays 0. Johnson recommended that a lighting ordinance be tied together with another future ordinance due to the procedural process which it must go through. The procedure for the adoption of such ordinance could possibly take several months. He indicated that lighting requirements could be part of the site plan review. Commissioner Jacobson felt that a lighting ordinance would be of benefit to everyone in the community including both the residents and merchants. Jacobson indicated that some deadline should be set for the review of the proposed lighting ordinance. MOTION by Jacobson to address a lighting ordinance, with staff to present a proposed lighting ordinance for Planning Commission consideration by November 1, 1990 or earlier, with the Commission clarifying the standards. 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 6:30 p.m. Respectfully submitted, Maryann Stoffel Recording Secretary t y 2875 -145TH ST. W. osernouni ROSEMOUNT MINNESOTA 55068 612- 423 -441 1 Planning Commission REGULAR MEETING MINUTES JULY 10, 1990 Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on July 10, 1990 at 5:00 p.m. Chairperson Huntington called the meeting to order with members Toombs, Hathaway and Jacobson present. Also present was City Planner Michael Wozniak. The Commission concurred the minutes of the June 26, 1990 Regular Planning Commission Meeting be amended to provide clarification of the MOTION by Jacobson on page 3 to read as follows: MOTION by Jacobson to address a lighting ordinance, with staff to present a proposed lighting ordinance for Planning Commission consideration by November 1, 1990 or earlier, with the Commission clarifying the standards. Second by Meyer. Ayes: 4. Nays: 0. MOTION by Jacobson to approve the June 26, 1990 Regular Meeting Minutes as amended. Second by Hathaway. Ayes: 4. Nays: 0. City Planner Michael Wozniak reviewed with the Commission the site plan for Cimarron Village Townhouses. Earlier concerns expressed by staff and Planning Commission have been addressed by the developer in regard to engineering design issues, landscape plan and site lighting details. A modified site plan has been submitted and staff is satisfied that all site plan ordinance requirements have been met. Further review of the lighting plan by engineering staff has identified no concern for off -site glare. Commissioner Jacobson expressed concern for the lack of contiguous open space and park area to the proposed high density development, which he felt to be in direct conflict with the goals as stated in the Rosemount Comprehensive Guide Plan. MOTION by Huntington to approve the Cimarron Village site plan subject to the following: 1. Final Plat approval; and 2. Detailed engineering recommendations. Second by Toombs. Ayes: Toombs, Hathaway, Huntington. Nays: 0. Abstain: Jacobson (because of his concern that this development adds to an existing high density area and adequate park and open space have not been adequately provided). Motion carried. 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 5:30 p.m. Res. ctfully sub d, onna Quintus Recording Secretary P.O. BOX 510 2875 -145TH ST. W. n� ROSEMOUNT, MINNESOTA 55068 12- 423 -441 1 6 Z�� 0/ osernou Planning Commission REGULAR MEETING MINUTES JULY 24, 1990 Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on July 24, 1990 at 5:00 p.m. Chairperson Huntington called the meeting to order with members Toombs, Hathaway, Meyer and Jacobson present. Also present was City Planner Michael Wozniak. MOTION by Hathaway to approve the July 10, 1990 Regular Meeting Minutes as presented. Second by Jacobson. Ayes: 5. Nays: 0. Commissioner Jacobson requested the July 24, 1990 Planning Commission Agenda be amended to include under Discussion the following: Item 3c.) University of Minnesota Property/Proposed Incinerator Site City Planner Michael Wozniak advised that the City has entered into a contract with Hoisington Group Inc. (HGI) for assistance in updating the Rosemount Comprehensive Guide Plan. Wozniak referred to the Hoisington proposal, which had been copied to the Commission for their review. The proposal outlines a detailed work program for the plan revision and specifies a breakdown of duties between the consultant and city staff. Staff is currently gathering statistical data and informational materials which will provide HGI with the basis for their analysis. The Planning Commission will be initially involved in discussions regarding Goals and Policies. City Planner Wozniak invited the Commission to review the work program and advise staff if they feel there are any specific components that should be added. almer Peterson, President of Bituminous Roadways, Inc. (BRI), was present to request a re- evaluation of City policy regarding sand and gravel mining in order to allow him to economically conduct a mining operation on the Otto Ped property at 4992 145th Street East. City Building Official Ron Wasmund has attempted to accommodate this request by interpreting it as a seasonal grading/excavation operation, which would require yearly renewal, to allow this activity in the Agriculture District and has advised the applicant of the conditions that must be met. Specifically, Mr. Peterson requested issuance of a grading/excavation permit to remove sand and gravel from this property which would be valid from May 15th to May 15th, rather than January 1st to December 31st, and that stockpiled material be allowed to remain on the site in order that materials are readily available in the spring when job contracts are negotiated. Mr. Peterson advised that BRI has determined that a five -year operation would be necessary for full removal of the ridge on the subject property and to accomplish the desired final grade. When asked by Commission members regarding reclamation of the property, Mr. Peterson indicated that it is the intention of BRI to restore the property upon completion of each phase of the project. City Planner Wozniak reminded the Commission that earlier ordinance revision discussions regarding sand and gravel mining policies resulted in recommendations from both the City Council and Planning Commission that full -scale mining operations should be restricted to property zoned General Industrial; however, one- year seasonal grading/excavation permits could be issued for activities in the Agriculture District for enhancement of properties for agricultural activities. It is staff's interpretation, based on these earlier discussions, that this proposal represents a large -scale mining operation and, if the applicant is unable to meet the conditions of a grading/excavation permit, to allow this activity would require modification of City grading and excavation policies or a change in the ordinance to allow mining operations in the Agriculture District. MOTION by Huntington recommending to City Council a modification of the City's grading permit policy to allow a May 151 to May 15th duration period for a grading/excavation permit. Second by Toombs. Ayes: 5. Nays: 0. Chairman Huntington recessed the Regular Planning Commission Meeting and opened the Board of Appeals and Adjustments to conduct a scheduled public hearing. Regular Planning Commission Meeting Minutes July 24, 1990 Page Two The Public Hearing for the request of Fred and Sue Guzman for variance to rear yard setback requirements was opened at 5:30 p.m. The recording secretary had in her possession Affidavits of Publication and Mailed and Posted Hearing Notice. Commissioner Toombs excused himself from his chair at 5:32 p.m. Mr. and Mrs. Fred Guzman, 15674 Darling Path, have petitioned the City for a variance to rear yard setback requirements in the R -1 District to allow construction of a 14' x 16' deck from the upper sliding patio door in the dinette area of their home and also an enclosed three season porch from the sliding patio door on the ground level which would also encroach 14 feet into the rear yard setback. City Planner Wozniak advised that the zoning ordinance currently requires a 30 -foot rear yard setback for principal structures in the R -1 District, however the Guzman's home was built under the guidelines of the former zoning ordinance which required a 25 -foot rear yard setback. The Guzman home is situated 25 feet from their rear property line which precludes construction of the deck as proposed. City Planner Wozniak stated that the Guzman are proposing to construct the deck and three season porch to within 11 feet of the rear property line. The zoning ordinance allows decks lower than three feet in height to be constructed to within five feet of the rear property line. However, the Guzman's deck would be at least 58 inches off the ground. The zoning ordinance also would allow decks above three feet in height to encroach five feet into required yard setback. The deck proposed would encroach 14 feet into the existing rear yard setback. City Building Official Ron Wasmund has verified that there are two options for construction of the deck without a variance. Staff has determined that there is no hardship associated with this property. It is unfortunate for the current owner for, at the time of construction, it would have been possible for the contractor to situate this home on the lot that would allow a deck to be constructed within the guidelines of the current ordinance. Mr. and Mrs. Guzman stated they are the second owners of this home which was constructed in 1988 by Woodview Construction and, therefore, had no input for siting of this home on the lot. They were not informed by the original homeowners nor the contractor that construction of a deck would be prohibited. Mark Lindeman, 15675 Darling Path, was present and stated no objection to the request of the applicant and noted further that he has a similar situation for which he intends to request variance to rear yard setback requirements for construction of a deck Chairman Huntington closed the public hearing. The Board expressed sympathy with the homeowners noting that this situation could have been avoided had the contractor situated the home differently on the lot, selected a different home model or eliminated the sliding patio doors which indicates to a potential home buyer that a deck can be constructed and meet ordinance requirements. The Board agreed that the Guzmans, as second owners of the property, may not have the option to hold the contractor accountable. MOTION by Huntington to approve a variance to rear yard setback to allow a 12 -foot deck from the upper patio doors on the home located at 15674 Darling Path; and, further, to deny the request to construct a covered three season porch on the lower ground level. Second by Meyer. Ayes: 4. Nays: 0. The Board was in consensus that the City must address the issue of contractors installing patio doors in new homes when construction of a deck by the homeowner cannot be done within ordinance requirements. The Board acknowledged that many requests for variances may occur due to intentional deception of a contractor and directed staff to send a memo to all contractors licensed within the City advising of the City's commitment to prevent further such occurrences. MOTION by Huntington recommending adoption of a building code policy which prohibits installation of sliding glass doors unless at least a ten (10) foot deck can be constructed within minimum ordinance requirements. Second by Meyer. Ayes: 4. Nays: 0. Regular Planning Commission Meeting Minutes July 24, 1990 Page Three Chairperson Huntington closed the Board of Appeals and Adjustments and reconvened the Regular Planning Commission Meeting. On April 10, 1990 the Planning Commission approved a variance request from Martin Heuer, 12552 South Robert Trail, to allow subdivision of property resulting in parcels less than the required lot size in the RR Rural Residential District. One of the conditions of the approval was that subdivision be accomplished by normal platting procedures. Mr. Heuer has submitted the Heuer Addition preliminary plat which is in conformance with all zoning and subdivision ordinance requirements for the RR District except lot size minimum which was previously approved. Park and Recreation Director Dave Bechtold has recommended park dedication of cash in lieu of land and Finance Director Don Darling has recommended certification as to the status of outstanding property taxes or special assessments against the property. MOTION by Huntington recommending to City Council approval of Heuer Addition preliminary plat subject to recommendation of the City Parks and Recreation and Finance Departments. Second by Hathaway. Ayes: 4. Nays: O. Independent School District 196 has submitted a preliminary plat for Shannon Park Schoo Addition which includes property being developed as the new Shannon Park Elementary School and Shannon Park, a City of Rosemount Community Park. Lot 1, Block 1 and Outlots B and C will be under the ownership of the school district while the City of Rosemount will be recorded as the owner of Outlot A (Shannon Park). This preliminary plat meets all zoning and subdivision ordinance requirements. MOTION by Huntington recommending to City Council approval of the Shannon Park School Addition preliminary plat subject to City Engineer recommendations regarding drainage and utility easement. Second by Hathaway. Ayes: 4. Nays: 0. Commissioner Jacobson requested discussion on the selection of the incinerator site. Mr. Jacobson stated, for the record, that the Planning Commission has not been involved in the incinerator siting process, neither in addressing the issue nor in making recommendation to the City Council. The Planning Commission understands that a site has been selected on University of Minnesota property located within the City of Rosemount, selected by the County. Commissioner Jacobson stated that it is his understanding that properties held by the University of Minnesota, which are assumed to be used for educational research purposes, are immune from condemnation proceedings. Since the University of Minnesota is an agent autonomous from the State, and subsequently the University of Minnesota must cooperate with the County in order to provide the land for the incinerator, it is hoped that the University would consider its mission in research and education prior to making a decision as to the disposition of that property. Mayor Vern Napper was present in the audience and advised that an in -depth legal interpretation has determined that the University property which has been selected by the County as the incinerator site is not proteted from condemnation procedures. Commissioner Jacobson stated his conviction that as long as the University of Minnesota wishes to act as the land bank agency for the State, by releasing property for the proposed incinerator they are not acting in the best interest of the citizens of our State, relative to their mission in education and research. MOTION by Huntington to adjourn. Second by Meyer. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 6:40 p.m. Resp tfully submi Donna Quintus Recording Secretary 11 Un� P.O. BOX 510 Z6 2875 -145TH ST. W. osel'YCO ROSEMOUNT MINNESOTA 55068 612- 423 -4411 Planning Commission REGULAR MEETING MINUTES AUGUST 14, 1990 Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on August 14, 1990 at 5:00 p.m. Chairperson Huntington called the meeting to order with members Hathaway and Meyer present. Also present was Community Development Director Dean Johnson and City Planner Michael Wozniak. MOTION by Hathaway to approve the July 24, 1990 Regular Meeting Minutes as presented. Second by Meyer. Ayes: 3. Nays: 0. City Planner Michael Wozniak requested that items 5d. and 5e. be withdrawn from the agenda due to the failure of the developers to submit a revised phasing plan for the Shannon Hills development. Commissioner Jacobson took his chair at 5:03 p.m. City Planner Michael Wozniak reviewed with the Commission the final plat for Pine Bend Development Co. 1st Addition, a 38 -acre parcel being platted to allow construction of an A.M. Communications Antennae facility in the interest of Parker Communications, Inc. The plat meets previous Planning Commission and City Council recommendations with one exception. A 20 -foot wide and 1,894 -foot long outlot is shown on the west property boundary line. The outlot, as shown, is the result of an error discovered when establishing the final plat due to the placement of a fence line by the abutting property owner, Mr. Willie Severson. Mr. Severson has farmed this strip for the last 20 years. Staff has expressed concern to the applicant that this outlot does not meet minimum ordinance requirements for future development. Linda Fisher, attorney for Parker Communications, Inc., and Ron Kazda, Vice President Operations for Parker Communications, Inc., were in attendance and stated it is the applicant's intent to convey this outlot to the abutting property owner. Property owner, Mel Astleford, has initiated proceedings for conveyance of the narrow outlot to Mr. Severson and has signed an agreement to permanently combine the lot to Mr. Severson's property. Mr. Severson is aware of these proceedings and has verbally agreed; however, he has been unavailable for final execution of the document. MOTION by Huntington recommending to City Council approval of the Pine Bend Development Co. 1st Addition final plat subject to an executed lot combination agreement to permanently combine the outlot to the abutting property. Second by Hathaway. Ayes: 4. Nays: 0. Vic and Bernice Wenzel, Vic's Welding Engineering Co., Inc., were present to request approval to improve and expand a 60' x 34' accessory structure located on their property at 2829 145th Street East currently zoned AG Agriculture. Structural deterioration of the existing 2,040 sq. ft. building has prompted the permit request. Due to the necessity of the repairs at this time, the applicant is further requesting an expansion of the structure by 1,800 sq. ft. (30' x 40') to accommodate their expanding business. Building Official Ron Wasmund has referred this application to the Planning Commission due to the use of the structure for a business operation not associated with agriculture and because the request represents an expansion of a legal non conforming use. City Planner Michael Wozniak advised that the zoning ordinance allows routine maintenance and repairs of legal non conforming structures provided it does not exceed 30% of the assessed value. However, the ordinance prohibits enlargement of a legal non conforming structure unless the change brings the structure into conformance with district requirements. To permit expansion of the structure would require an amendment to the comprehensive guide plan redesignating the property for General Industrial use and also a rezoning of the property to General Industrial. City Planner Wozniak reminded the Commission that both the Planning Commission and City Council have deferred action on two previous requests for Comprehensive Regular Planning Commission Meeting Minutes August 14, 1990 Page Two Guide Plan amendments for redesignation of land use in this same area until the Guide Plan revision 'rocess is substantially complete. Community Development Director Dean Johnson noted the request for expansion is the prim. issue regarding this application. The potential exists that the request for repair of the structure o be accommodated on an administrative level and operate within ordinance requirements. Based upon the 'resent zoning and land use designation of the property, staff cannot recommend approval of the expansion. Mr. and Mrs. Wenzel stated that the building, as it stands, requires immediate repair and would not endure until the comp plan is updated. They further maintained that repair of structural deterioration of the -xisting building would be too costly as an interim solution. MOTION by Huntington to deny the building permit as requested from Mr. and Mrs. Vic Wenze as the Planning Commission interprets that the proposed accessory building addition represents an expansi.n of a legal non conforming use and is, therefore, not permitted under Section 13.2 of Ordinance B City of Rosemount Zoning Ordinance. Second by Meyer. Ayes: 4. Nays: 0. Chairman Huntington recessed the Regular Planning Commission Meeting and opened the Board of ppeals and Adjustments to conduct a scheduled public hearing. The Public Hearing for the request of Valley Wood Partners for variance to Subdivision Ordinance oo i' um cul -de -sac length was opened at 5:30 p.m. The recording secretary had in her possession Atli. vits of Publication and Mailed and Posted Hearing Notice. City Planner Michael Wozniak advised that Valley Wood Partners have submitted a subdivision pl: a for a 40 -acre parcel located on the south side of County Road 38 (125th Street West) abutting the easterly boundary of Apple Valley just west of Mickelson's Second Addition. Because of the long narrow .hape of the property planning staff has determined the only logical way to develop the property is with a c -de -sac that exceeds the maximum length allowed by Subdivision Ordinance. The proposed cul -de -sac is 900 feet long and the maximum allowed is 700 feet. It is staff's opinion that there is hardship associated 'th this property which justifies approval of this variance. City Engineer Rich Hefti has determined that aiver of the maximum length for a cul -de -sac, in this case, will not represent a hazard to public safety. Joe Mullery, 25% interest owner of the estate property, was in attendance to declare his oppositin to the proposed subdivision stating his desire for a rezoning of the property to R -1 Single Family Residen Mr. Mullery did not address the cul -de -sac issue. Fritz Doljes, 12765 Denmark Avenue, Apple Valley (The Woods Subdivision) expressed approv: of the proposed subdivision, but made no comment regarding the variance request. Mike and Sarah M. dell, also residents of The Woods in Apple Valley, stated they had no objection to the proposed cul -de -sac i ength. Chairperson Huntington closed the public hearing at 5:55 p.m.; recessed the Board of Ap i als and Adjustments; and reopened the Regular Planning Commission Meeting. William Dolan, developer, was present in the audience to request a rezoning of a 40 -acre parc." situated between the easterly border of Apple Valley and Mickelson's Second Addition from AG Agricult re to RR Rural Residential to accommodate a proposed Valley Wood Estates preliminary plat. The pro osed low density Rural Residential rezoning request is consistent with the Rosemount Comprehensive Guid- Plan. Mr. Dolan also requested approval of the Valley Wood Estates preliminary plat. The plan, as ubmitted, consists of eight lots averaging five acres each. The plat conforms to all zoning and subdivision ordinance requirements for the Rural Residential District with one exception. A proposed 1900 -foot long -de -sac is shown on the plat. The maximum allowed by Subdivision Ordinance is 700 feet. The developer has addressed this issue at the public hearing held earlier this evening. In review of this subdivisio staff has determined that the proposed street design is acceptable due to the low density of the developm nt; shape Regular Planning Commission Meeting Minutes August 14, 1990 Page Three of the property; and pattern of surrounding development. However, staff has requested the developer d: dicate a 60 -foot wide drainage and utility easement (same as street right -of -way) extending from the southe ply end of the cul -de -sac to the southern boundary of the property. Staff further recommends the developer i ecord a separate document dedicating this 60 -foot drainage and utility easement as a street easement to pro de for extension of the cul -de -sac for future street alignment. The Park and Recreation Committ e has recommended that the City accept a cash amount of $3,200.00 in lieu of land to meet park de•'cation requirements. Commissioner Jacobson requested, in the future, that confirmation of Park and Recreation Co mittee recommendations and rationale for their action regarding Park Dedication in new subdivisions made available to the Planning Commission when a preliminary plat is being reviewed for Planning Com on recommendation. MOTION by Huntington recommending to City Council approval of the rezoning of the propose Valley Wood Estates Subdivision to the Rural Residential District; and, further, that the Planning Co„ 11, ission recommends to City Council approval of the Valley Wood Estates Preliminary Plat subject to the fo owing: 1. approval of variance to cul -de -sac length requirement; 2. rezoning of the property to Rural Residential District; 3. executed Subdivision Development Contract; 4. detailed engineering recommendations; and 5. that a street easement that would allow the extension of the proposed cul -de -sac to the southern •roperty boundary be dedicated to the City and be recorded as a separate document. Second by Hathaway. Ayes: 4. Nays: 0. Chairperson Huntington recessed the Regular Planning Commission Meeting and reopened the oard of Appeals and Adjustments at 6:05 p.m. MOTION by Jacobson to approve the Valley Wood Partner Variance Petition to allow a cul-d -sac, as proposed in the Valley Wood Estates Preliminary Plat, to exceed the Subdivision Ordinance maxim` length requirement of 700 feet. Second by Huntington. Ayes: 4. Nays: 0. Chairperson Huntington closed the Board of Appeals and Adjustments and reopened the Regular Planning Commission Meeting. The City has received a petition from Brenda Chamberlain, potential property owner, to rezone #25 143rd Street West from R -1 Single Family Residential to C -4 General Commercial or PUB Publicllnstit tional to allow her to purchase and remodel the existing dwelling into a commercial day care facility. Th. property is a 7,400 square foot lot situated on the northwest corner of the South Robert Trail and 14 rd Street intersection and abutting ISD 196 property. In staff's review of the request to rezone to C -4 General Commercial the following issues were dentified: 1) rezoning would represent a "spot zoning" because it is not contiguous to other commercial tricts; 2) rezoning would not preclude future requests for other allowed uses in the C -4 district whic may be inappropriate for the location; 3) minimum lot area for C -4 is one acre, therefore, it would require variance to minimum lot area; and 4) the size and location (busy intersection) causes concern for parking, open play area and safety for the children. Although PUB Public and Institutional zoning is consistent with the comprehensive guide plan, the past, the City has only allowed day care centers associated with a school, church or other non -profit e tity to be located in the district. Brenda Chamberlain, applicant, stated she has contacted ISD 196 and they have indicated an inter:st in using the proposed day care, if approved, for their "latch key" program. Ms. Chamberlain has also cussed a shared parking arrangement with the school. She further stated that, in her opinion, the pro, -rty is not appropriate for residential use, citing frustrations expressed to her by the present owner in selling property. Ms. Chamberlain stated she believes a day care facility is a good and logical use for the subject property. Regular Planning Commission Meeting Minutes August 14, 1990 Page Four S The Commission concurred that size, location and ordinance restrictions compelled them to deny the request. However, the Commission agreed that a day care facility is a good and needed use in Rosemount and encouraged the applicant to work with City staff in locating other property within the City that would be more suitable for a day care operation. MOTION by Huntington recommending to City Council denial of the Rezoning Petition for 3025 143rd Street West as submitted by Brenda Chamberlain. Second by Meyer. Marie Jensen, area resident, expressed her concern for the present owner and his past efforts to sell his property and stated she believes the present R -1 zoning classification is unsuitable for this parcel. She expressed her support of the proposed day care use and urged the City to reconsider the applicant's request. Vote on the MOTION. Ayes: 4. Nays: 0. Chairperson Huntington excused himself from his chair because of personal interest in the outcome of action on the following agenda item. Secretary Hathaway assumed the duties of the Planning Commission Chairperson. City Planner Michael Wozniak advised that Cliff Carlson has submitted a preliminary plat for South Rose Park 3rd Addition. The proposed plat consists of a 3.8 -acre lot within South Rose Park Addition Replat situated at the intersection of Chippendale Avenue and Carousel Way. The City has previously amended the Comprehensive Guide Plan to redesignate the property from High Density Residential to General Commercial. Mr. Carlson has also petitioned the City to rezone the property to C -4 General Commercial. The property abuts other property zoned C -4. The plat, as proposed, meets minimum zoning and subdivision ordinance requirements. Park and Recreation Director Dave Bechtold, has recommended a cash payment of $4,180.00 in lieu of land to meet park dedication requirements. MOTION by Hathaway recommending to City Council approval of rezoning of the proposed South Rose Park 3rd Addition to C -4 General Commercial; and, further, to recommend to City Council approval of the South Rose Park Preliminary Plat subject to the following: 1.' rezoning to C -4 General Commercial; and 2. payment of $4,180.00 cash, in lieu of land, park dedication prior to City release of Final Plat. Second by Meyer. Ayes: 3. Nays: 0. Chairperson Huntington reclaimed his chair and resumed his duties as Chairperson. MOTION by Huntington to adjourn. Second by Meyer. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 6:40 p.m. Respectfully submitted, Donna Quintus Recording Secretary e ty P.O. BOX 510 1111+ 2875 -145TH ST. W. osernouni ROSEMOUNT. MINNESOTA 55068 612- 423 -441 1 Planning Commission REGULAR MEETING MINUTES AUGUST 28, 1990 Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on August 28, 1990 at 5:00 p.m. Chairperson Huntington called the meeting to order with members Meyer and Jacobson present. Also present was Community Development Director Dean Johnson and City Planner Michael Wozniak. MOTION by Meyer to approve the August 14, 1990 Regular Meeting Minutes as presented. Second by Jacobson. Ayes: 3. Nays: 0. The August 28, 1990 Agenda was amended to include the following: Item 3a.) Metropolitan Council Handout; Item 3b.) Valley Wood Estates Passive Park Dedication Discussion; and Item 3c.) September 11, 1990 Regular Planning Commission Meeting Time. City Planner Michael Wozniak distributed a memo outlining revised criteria for Metropolitan Council review of proposed land use changes of properties being considered as candidate sites for a future metropolitan airport. The Commission concurred with staff recommendation that this item be placed on the next regular meeting agenda for discussion. Commissioner Jacobson expressed regret in his negligence to address the park dedication issue in recent Planning Commission review and action on the Valley Wood Estates preliminary plat. He stated his belief that this proposed subdivision encompassed a limited Rosemount asset of wooded and natural area and expressed concern that these areas become a privilege of private ownership. This subdivision and other similar rural areas should be considered for passive park land use by Rosemount citizens with construction of trail systems and other access mechanisms. MOTION by Jacobson to recommend to City Council that they retain the option of constructing pathways through Rural Residential areas for limited passive enjoyment of the citizens of Rosemount. Community Development Director Dean Johnson stated that a recommendation from Planning staff was difficult at this point, due to a lack of input from Park and Recreation Director /Committee and Engineering staff. Major decisions and staff recommendations are based upon extensive background review of costs to City residents, maintenance cost projections and benefits to the majority of the community. Commissioner Jacobson agreed to withdraw his motion to allow for staff input and requested this item be placed on the next agenda for discussion. Community Development Director Dean Johnson advised that the next Regular Planning Commission Meeting, September 11, 1990, coincides with the State Primary Election. Although state statute does not clearly reference Planning Commission meeting restrictions, the Minnesota State Clerk's Association has interpreted that no public meetings may be held during the hours of 6:00 p.m. and 8:00 p.m. on state -wide election days. Rather than postpone the regular meeting, staff requests prompt adjournment of the September 11th meeting at 6:00 p.m. The Commission acknowledged and agreed to staff recommendation. City Planner Michael Wozniak reviewed with the Commission a revised phasing plan for the Shannon Hills Planned Unit Development (PUD) which had been submitted by Steve Fiterman, developer. Originally the PUD required a Park Dedication of approximately .6 acres at the time of second phase final platting. However, due to City Council discussions regarding concerns of abutting Carroll's Woods residents, it is Council's desire to defer park dedication until platting of the 3rd addition. The revised phasing plan for Shannon Hills Development includes park dedication in Phase III. Rather than step down from the dais and jepardize meeting quorum requirements, Commissioner Jacobson identified himself as an abutting Carroll's Woods property owner and requested to discuss the issues relative to the proposed siting of a parking lot contiguous to Carroll's Woods as proposed in the Shannon Hills Addition. He explained that he and other abutting property owners were concerned that the proposed Shannon Hills park dedication, indicated as a parking lot for community access to the woods on the west side Regular Planning Commission Meeting Minutes August 28, 1990 Page Two of the park, is without benefit of state approval which he believes is required due to a state grant for the Carroll's Woods park development. He suggested there was also a discrepancy in the location of the proposed parking lot stating it was his understanding that access was to be attained through Schwarz Pond Park on the northeasterly side of the woods. City Planner Wozniak noted that the revised phasing plan for the Shannon Hills subdivision will require an amendment to the Planned Unit Development Agreement to require park dedication in the third development phase. MOTION by Huntington to recommend to City Council approval of an addendum to the Shannon Hills Planned Unit Development Agreement approving a new phasing plan and amending paragraph 6. Park Dedication (page 2) of the Shannon Hills PUD Agreement. Second by Meyer. Ayes: Huntington, Meyer. Nays: 0. Abstain: Jacobson, for reason of honoring action taken by Council. Steve Fiterman, President of Ground Development Corporation, has submitted a final plat for Shannon Hills 2nd Addition, This property has previously been rezoned to R -1 Single Family Residential. The proposed plat is in conformance with the new phasing plan and meets minimum zoning and subdivision ordinance requirements with exception of lot frontage, which was waived by PUD Agreement. MOTION by Huntington to recommend to City Council approval of the Shannon Hills 2nd Addition Final Plat subject to an executed Subdivision Development Agreement. Second by Meyer. Ayes: 3. Nays: 0. Chairman Huntington recessed the Regular Planning Commission Meeting and opened the Board of Appeals and Adjustments to conduct a scheduled public hearing. The Public Hearing for the request of Larry Newland for variance to rear and side yard setback requirement was opened at 5:30 p.m. The recording secretary had in her possession Affidavits of Publication and Mailed and Posted Hearing Notice. City Planner Michael Wozniak discussed the variance petition submitted by Larry Newland, 14590 Biscayne Way, to allow construction of a 14' x 18' accessory structure to within five feet of the rear and side property boundaries. Current zoning ordinance specifies a ten -foot side yard setback and a 30 -foot rear yard setback for accessory structures. City Planner Wozniak stated that Mr. Newland has begun construction of the structure despite being advised by Building Official Ron Wasmund that a variance would be required and a building permit issued before construction could commence. The Commission was referred to their copy of correspondence from the Building Official to Mr. Newland advising him to cease all building activity. In considering this variance request, staff was unable to establish hardship associated with the property due to exceptional or extraordinary circumstances or conditions applicable to the property. It has been determined that the proposed structure could be situated on the property without violating setback requirements. Therefore, staff cannot recommend in favor of the request. Larry Newland was present and stated that he initially contacted the City approximately two years ago regarding constructing the accessory structure and was told at that time that the setbacks were five feet from both rear and side property lines. He recently began construction prior to acquiring a permit thinking that the setbacks were the same as they had been a couple of years ago. Mr. Newland described the 30 -foot rear yard setback requirement as unreasonable and more restrictive than surrounding cities. He explained that the proposed structure will have vinyl siding with cedar trim to match the home on the property and that if he did position the structure to meet present setback requirements it would interfere with an existing apple tree on the property. Phillip Thies, 14605 Biscayne, stated he had constructed a 12' x 16' accessory building in his rear yard a couple of years ago which was situated closer than 30 feet to the rear property line. He is considering building a detached garage which will not be able meet the current setback requirement. City Planner Wozniak advised that when the City Council and Planning Commission reviewed ordinance changes, discussions focused on maintaining spaciousness, openness and a rural setting in the City. Concern was expressed regarding large accessory structures within the residential district. It was concluded that restrictions should be set on size of these structures and to increase setbacks as a means to ensure openness and preserve a rural atmosphere. There were no other persons present for comment. Regular Planning Commission Meeting Minutes August 28, 1990 Page Three Chairperson Huntington closed the public hearing at 5:55 p.m. MOTION by Meyer to deny the variance petition as submitted by Larry Newland because it does not meet the requirements of Section 15.2 of Ordinance B City of Rosemount Zoning Ordinance. Second by Jacobson. Ayes: 3. Nays: 0. Chairperson Huntington advised the petitioner of the appeal process which would be addressed by City Council should he wish to pursue his request. Chairperson Huntington closed the Board of Appeals and Adjustments at 5:50 p.m. and reopened the Regular Planning Commission Meeting. Mr, Wayne Groth has requested approval of a metes and bounds description division of property. Mr. Groth owns 160 acres of property located east of Akron avenue and south of 135th Street East with one farm home currently on the property. He is requesting a 20 -acre division of property to create another homesite. The property is currently zoned Agriculture Preserve and is registered in the Metropolitan Agricultural Preserve Program which restricts residential density to one home per 40 acres. The proposed parcel meets the minimum 300-foot frontage requirement and is consistent with the requirements for the Agriculture District at such time as the property is removed from the AG Preserve program and rezoned to AG Agriculture. MOTION by Huntington recommending to City Council approval of the request from Wayne Groth for a division of property by metes and bounds description. Second by Meyer. Ayes: 3. Nays: 0. Mr. Palmer Peterson, President of Bituminous Roadways, Inc., has petitioned the City to consider an amendment to the Zoning Ordinance text to allow mineral extraction as a permitted use in the Agriculture District on agricultural properties east of STH 52, subject to requirements of Section 14.8 of the Zoning Ordinance. Mr. Peterson is pursuing this text amendment to allow him to conduct a mining operation on the Otto Ped property. The Planning Commission had previously determined that it had no objection to issuance of a grading/excavation permit for removal of sand and gravel on the Ped property with a one -year term running from May 15th to May 15th. In their discussions regarding this issue, Council also expressed no objection to the sand and gravel mining activity on the Ped property, however, if excavation could not be completed during one construction season Council preferred that the sand and gravel removal be regulated by means of a Mineral Extraction Permit. The City Council concurred that they would be willing to consider an amendment to the Zoning Ordinance to allow sand and gravel mining by permit on Agricultural zoned property situated east of State Trunk Highway 52. It was noted that a rezoning of Mr. Ped's property would also require rezoning to allow the mining activity. MOTION by Huntington recommending to City Council approval of an amendment to Ordinance B City of Rosemount Zoning Ordinance by adding the following language to Section 6.1, paragraph B.: 9. Mineral Extraction only east of State Trunk Highway 52, subject to requirements of Section 14.8. Second by Meyer. Ayes: 3. Nays: 0. Mr. Otto Ped has petitioned the City to consider rezoning of his 160 -acre parcel, situated south of County Road 42 and 1/4 mile west of Emery Avenue, from Agriculture Preserve to AG Agriculture. This property is no longer enrolled in the Metropolitan Agricultural Preserve Program and is currently being used for agricultural purposes. MOTION by Huntington recommending approval of the petition received from Otto Ped to rezone his property from AG -P Agriculture Preserves to AG Agriculture. Second by Jacobson. Ayes: 3. Nays: 0. USPCI has requested authorization for a division of property by metes and bounds description. The purpose of this division is to allow a 3.3 -acre parcel situated on the north side of County Road 38 to be divided from it's current legal parcel which totals 80 acres and is situated south of County Road 38. The property is currently zoned Agriculture and since the division of property would result in a parcel less than ten acres in size it will be required that the applicant agree to legally combine the 3.3 -acre parcel to abutting property to the north. MOTION by Meyer to recommend to City Council approval of the USPCI request for division of property by metes and bounds description subject to an executed Parcel Combination Agreement. Second by Regular Planning Commission Meeting Minutes August 28, 1990 Page Four Huntington. Ayes: 3. Nays: 0. MOTION by Huntington to adjourn. Second by Jacobson. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 6:20 p.m. Re i- ctfully subm d, 1 onna Quintus Recording Secretary ty Q osern o f ROSEMOUNT. MINNESOTA 55068 12- 423 -4411 6 Planning Commission REGULAR MEETING MINUTES SEPTEMBER 11, 1990 Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on September 11, 1990 at 5:00 p.m. Chairperson Huntington called the meeting to order with members Hathaway, Toombs, Meyer and Jacobson present. Also present was City Planner Michael Wozniak. MOTION by Jacobson to approve the August 28, 1990 Regular Meeting Minutes as presented. Second by Meyer. Ayes: 5. Nays: 0. Chairperson Huntington suspended the order of the meeting agenda to accommodate persons present to discuss the Cimarron Village Townhouses final plat. City Planner Michael Wozniak presented the final plat for Cimarron Village Townhouses, a 3.7 -acre parcel being developed to allow construction of a 36 -unit rental townhouse project. The proposed development is bordered by 145th Street, Cimarron Avenue and Dodd Boulevard just west of the Rosemount Court apartment complex. The final plat, as presented, is consistent with the previously approved site plan and preliminary plat. Modifications to the Cimarron Townhouses final plat include illustrated drainage and utility easement, as recommended by the city engineer, and additional right of -way along 145th Street and Cimarron Avenue. The final plat is in conformance with minimum Zoning and Subdivision Ordinance requirements. Commissioner Jacobson expressed concern regarding safe pedestrian access to nearby recreational city parks. Mike Conlan, Conlan/Nichols Company and developer of Cimarron Village Townhouses, advised that lack of contiguous property prohibits direct access from this development to public playground areas. However, it is the intent of the developer to encourage children to remain on -site by constructing a substantial private playground area adjacent to the proposed centrally located Community Center building. City Planner Wozniak stated that pedestrian traffic could be regulated by painting of walkways across streets or signage based upon recommendations by the City Engineer. MOTION by Huntington recommending to City Council approval of the Cimarron Village Townhouses final plat subject to an executed subdivision development agreement. Second by Hathaway. Ayes: 5. Nays: 0. As discussed by the Planning Commission at their last meeting, staff has reviewed the suggestion to modify current policy or establish a new pedestrian trail development policy to promote public access through wooded areas within Rosemount. Staff agrees that the concept of promoting trail development through rural natural areas would provide the opportunity for a greater cross section of the City's residents to enjoy wooded areas that offer diverse plant and animal life unique to those districts. City Planner Wozniak advised that the City Council has authorized the preparation of a Park and Open Space Master ?lan and the evaluation of rural pedestrian trail development is a logical element in the development of the proposed study. Therefore, to ensure adequate evaluation of this issue, Planning staff recommends that the Planning Commission formally request that discussion of a pedestrian trail development policy in forested areas be incorporated into the Park and Open Space Master Planning process. MOTION by Jacobson that, whereas, there is limited natural or forested areas in Rosemount with potential for public passive /recreational use; it is, therefore, recommended by the Planning Commission that the City Council study ways of preserving the City's opportunity for development of pedestrian trails in wooded or forested areas, such as by acquisition of trail easements, at time of property platting. Second by Meyer. Ayes: 5. Nays: 0. Regular Planning Commission Meeting Minutes September 11, 1990 Page Two The Commission had previously been provided with copies of proposed land use guidelines for properties identified by Metropolitan Council as potential sites for a new metropolitan airport. In his memo dated September 7, 1990, Community Development Director Dean Johnson defined some of the implications of the proposed policies and guidelines affecting cities that contain "candidate search areas" and "final search areas If implemented, these guidelines would provide the Metropolitan Council with the authority to review and approve all local zoning, variance, conditional use permit and planned unit development actions. Before staff recommendation can be made regarding this proposal, there are several issues that need to be addressed, such as: 1) clarification of any new criteria that may be established for local guide plan amendments; 2) clarification whether the guidelines affect an entire community if only a portion is in the final search area; 3) whether policies will be established for local jurisdictions to request a change in the boundary of a final search area, or even "opt our of the search area; 4) inclusion of a variance procedure to allow reasonable exceptions; and 5) establishment of an appeals process. The Metropolitan Council expects to identify the "candidate search areas" by the end of this year, with "final search areas" expected to be designated by mid 1991. The Planning Commission was invited to submit any comments, or issues they feel need to be addressed, to staff as soon as possible so that their concerns can be addressed before the October 12, 1990 deadline for written comment to the Metropolitan Council. A series of public hearings are being held this month for public input and comment. Commissioner Jacobson advised that a public meeting for this area has been set for September 25, 1990 at 7:00 p.m. to be held at the Dakota County Extension building in Farmington. Jim Oberg, 12261 South Robert Trail, has petitioned the City for a rezoning of his 4.8-acre parcel from AG Agriculture to RR Rural Residential. Mr. Oberg is pursuing this rezoning to address a yard setback issue affecting his plans to construct an addition to his home. Construction of the addition, as proposed, would place the structure to within 40 feet of his front yard property line. A 40 -foot setback is allowed in the Rural Residential District, while front yard setback requirements for his current AG parcel is 50 feet. Mr. Oberg's home presently is at the 50 -foot setback which would preclude construction of his addition. City Planner Michael Wozniak advised that the subject property is consistent with the Land Use Designation of the Comprehensive Guide Plan and the property is contiguous to other Rural Residential properties. The property is not being used for agricultural purposes and the rezoning would be consistent with the current use of the property as a residence. MOTION by Huntington recommending to City Council approval of Jim Oberg Rezoning Petition to rezone property located at 12261 South Robert Trail from Ag Agriculture to RR Rural Residential. Second by Meyer. 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 5:50 p.m. R I ectfully sub d, 1 0 4.. i i Donna Quintus Recording Secretary (9ily o 2875-145TH ST. W. osernoun� ROSEMOUNT. MI 55068 612- 423 -4411 Planning Commission REGULAR MEETING MINUTES SEPTEMBER 25, 1990 Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on September 25, 1990 at 5:00 p.m. Acting Chairperson Hathaway called the meeting to order with members Toombs and Meyer present. Also present was Community Development Director Dean Johnson. MOTION by Meyer to approve the September 11, 1990 Regular Meeting Minutes as presented. Second by Toombs. Ayes: 3. Nays: 0. The following was added to the September 25, 1990 Planning Commission Agenda: Item 3b.) McComb Group Study Presentation. Community Development Director Dean Johnson advised that Ron Jacobson has submitted to the City his resignation from the Planning Commission effective as of this date. Replacement of his seat on the Commission will be initiated and pursued by City Council through procedures previously established by Council. The Planning Commissioners were invited to attend the next Regular EDA Meeting on Tuesday, October 2, 1990 at 6:00 p.m. for a presentation to be given by Jim McComb, McComb Group, Ltd., and Fred Hoisington, The Hoisington Group, Inc. The Hoisington/McComb Study: Phase II, commissioned by the Rosemount EDA, is a comprehensive evaluation of both the City's industrial and retail market area. The scope of this study consists of the identification of existing land uses and the potential for their expansion and the feasibility for retail/industrial development of future sites. The purpose of this study is to furnish the City direction in the establishment of guidelines for the City's Land Use Policies. This is the first presentation of a two -part study. It is anticipated that the "Retail Area Functional Plan" will be completed in November, 1990. Independent School District 196 has submitted the final plat for Shannon Park School Addition, which includes property being developed as the new Shannon Park Elementary School and Shannon Park, a City of Rosemount Community Parka The purpose for platting the school /park site is to allow two existing metes and bounds parcels to be divided into four new parcels with ownership distributed between ISD 196 and the City of Rosemount. A Joint Powers Agreement has been executed between ISD 196 and City of Rosemount which identifies parcel ownership, details the cooperative maintenance obligations and defines use restrictions. The fmal plat is consistent with the preliminary plat and meets all zoning and subdivision requirements. MOTION by Hathaway to recommend to City Council approval of the Shannon Park School Addition final plat. Second by Toombs. Ayes: 3. Nays: 0. Acting Chairperson Hathaway recessed the Regular Planning Commission Meeting and opened the Board of Appeals and Adjustments to conduct two public hearings scheduled to begin at 5:30 p.m. Acting Chairperson Hathaway opened the public hearing to consider the variance petition submitted by Virgil Felmlee. The recording secretary presented for the record the Affidavit of Mailed and Posted Hearing Notice and Affidavit of Publication. Virgil Felmlee, 3175 Lower 147th Street West, was present and requested a variance to size requirements 0 for accessory structures in the R -1 Single Family Residential District. Mr. Felmlee has an existing 1,376 square foot detached garage on his property which antedates the current zoning ordinance. He is requesting building permit approval to construct an additional 381 square foot detached structure on an existing concrete slab for storage of a personal recreational vehicle. Regular Planning Commission Meeting Minutes September 25, 1990 Page Two Mr. Felmlee stated his request represents his desire to provide protection for his RV by parking it in an enclosed structure and at the same time creating a favorable appearance of his property. He advised that the area residents he had contacted stated no objection to his seeking this variance and presented the Board with a letter from his neighbor, located immediately west of his property, which stated no opposition to this structure. Community Development Director Dean Johnson advised that the zoning ordinance currently limits the size of accessory buildings in the R -1 District to a maximum aggregate total of 1,000 square feet. Mr. Felmlee already exceeds those minimum standards. The Board was advised that staff, in their review of this request, has determined that no unique hardship exists regarding this property. Therefore, variance approval is not rationalized nor justified in this circumstance because it does not meet the minimum criteria for granting of a variance as required in the current zoning regulations. Acting Chairperson Hathaway closed this public hearing at 5:45 p.m. MOTION by Hathaway to deny the Variance Petition as submitted by Virgil Felmlee regarding his property located at 3175 Lower 147th Street West because it does not meet the requirements of Section 15.2 of Ordinance B City of Rosemount Zoning Ordinance. Second by Meyer. Ayes: 3. Nays: 0. Acting' Chairperson Hathaway opened the public hearing to consider the variance petition submitted by Beth and Greg Bergacker. The recording secretary presented for the record the Affidavit of Mailed and Posted Hearing Notice and Affidavit of Publication. Beth and Greg Bergacker were present and requested a variance to size requirements of an accessory structure on a 10 -acre lot in the AG Agriculture District. Construction of the accessory structure would coincide with the construction of their new single family home at 13080 Akron Avenue. The Bergackers are requesting building permit approval for a 2,400 square foot accessory structure. Current ordinance regulations restrict the size of accessory buildings, in the Agriculture District on parcels less than 20 acres, to an aggregate total of 1,200 square feet. As noted in the Planner's Review, the building permit' request does not meet aesthetic requirements, as well as exceeding the permitted size for the district. Mr. Bergacker stated that their request is based on the need for storage of personal equipment used for maintenance of the 10 -acre parcel, a separate area for horses and another portion to be used as a woodworking hobby shop. He also noted they would like to be able to store his in -laws' motor boat. Approval of this size building would accommodate their desire to avoid outside storage of personal equipment, thereby retaining a tidy appearance of their property. The Bergackers further stated that the 10 -acre parcel abutting their site already contains a 2,400 square foot accessory structure. Julie Siemers, 13040 Akron Avenue and abutting property owner, expressed her support for this variance request. Ms. Siemers suggested that 2,400 square feet for an accessory structure is not unreasonable for a 10 -acre parcel, due to the additional equipment needed for upkeep of property of this size. Mr. and Mrs. Charles Forslund, 2655 124th Street West, and Virgil Felmlee expressed similar opinions that, in regards to accessory structures, City of Rosemount ordinance regulations were too restrictive and unrealistic from a property owner's point of view. Community Development Director Johnson advised that the Siemers' building predates the current ordinance. At the time of their request, the two issues addressed were those of aesthetics and the intended use as a commercial trucking business which is not an allowed use in the AG District. In establishing the standards for the current ordinance, the Planning Commission and City Council discussed the accessory structure issue at great length and the established size was based upon the perceived uses for all districts. The role of the Board of Appeals and Adjustments is to review, evaluate and interpret variance requests according to ordinance requirements. This Board is not authorized to modify or debate the regulations; rather, their responsibility lies solely in the enforcement of those standards adopted by City Council. Acting Chairperson Hathaway closed the public hearing at 6:15 p.m. Regular Planning Commission Meeting Minutes September 25, 1990 Page Three f, MOTION by Hathaway to deny the Variance Petition as submitted by Beth and Greg Bergacker regarding 4110 their property located at 13080 Akron Avenue because it does not meet the requirements of Section 15.2 ,I r of Ordinance B City of Rosemount Zoning Ordinance. Second by Meyer. Ayes: 3. Nays: 0. 1; Both Variance Petition applicants were advised of the appeal process whereby they may appeal the decisions of the Board of Appeals and Adjustments to Council, or they may petition the City to amend the zoning ordinance for modification of the regulations for accessory structure size in their respective districts. Acting Chairperson Hathaway closed the Board of Appeals and Adjustments and reopened the Regular Planning Commission Meeting at 6:25 p.m. MOTION by Hathaway to adjourn. Second by Toombs. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 6:26 p.m. Re iectfully sub., d, �I onna Quintus Recording Secretary IIP IIIIIII g? @ity 2 875 -145TH ST. W. osernoun� ROSEMOUNT MIN 55068 612- 423 -4411 Planning Commission REGULAR MEETING MINUTES OCTOBER 9, 1990 Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on October 9, 1990 at 5:00 p.m. Acting Chairperson Hathaway called the meeting to order with members Toombs and Meyer present. Also present was City Planner Michael Wozniak. MOTION by Meyer to approve the September 25, 1990 Regular Meeting Minutes as presented. Second by Toombs. Ayes: 3. Nays: 0. City Planner Michael Wozniak reviewed the work program proposed for the update of the Rosemount Comprehensive Guide Plan. Hoisington Group, Inc. has been commissioned to assist the City in this project. The strategy and procedures for action on the guide plan revisions has been established by staff and Fred Hoisington. The general recommendations outlined in Mr. Hoisington's memo described important components of the guide plan for consideration which included an expansion of the general issues and goals identified by the Citizen Advisory Committee, Citizen Attitude Survey, Town Meetings and City Council goal setting sessions. A concept draft of each guide plan component will be prepared by staff, based upon Mr. Hoisington's recommendations, for consideration by both the Planning Commission and City Council. It will also be determined if joint City CouncillPlanning Commission work sessions would be desired for discussion and input from both organizations. It has been determined that the guide plan revision process begin with a restructuring of the Goals, Policies and Objectives statements. Staff anticipates a presentation of the first draft proposal at the next regular Planning Commission Meeting. Subsequent to adoption of Ordinance B City of Rosemount Zoning Ordinance last September, City staff has experienced difficulties in administering specific provisions of Section 7.2 (Supplementary Regulations) relating to patios, decks, uncovered porches, balconies, etc. in reference to yard setback requirements. Staff is proposing minor modifications to Section 7.2 to read as follows: SECTION 7.2 C.1.d. d. Uncovered terraces. steps. uncovered porches and patios within one -half (1/2) of front and rear yards and within street side yards at the same level as the height of the ground floor level of the principal building provided as follows: 1) The highest elevation shall not exceed a height of thirty (30) inches above the ground at the ground floor level. 2) No portion of the uncovered terrace, steps, uncovered porch or patio is closer than fifteen (15) feet to any front or rear lot line and twenty-five (25) feet from any street side lot line. 3) Only steps or at -grade patios may encroach within side yard setbacks no closer than two (2) feet from any side lot line. f. Uncovered Balconies and Decks may also project into a required rear yard a distance not to exceed fifteen (15) feet and into a required street side yard a distance not to exceed five (5) feet. Regular Planning Commission Meeting Minutes October 9, 1990 Page Two There are three primary reasons for staff recommending this zoning ordinance amendment. First, a desire to bring the zoning ordinance into conformance with the building code. Secondly, a desire to, within reason, allow the public greater liberty in construction of decks within rear yards and be more responsive to the needs and desires of the public. Lastly, to make the language of the ordinance more clear to assist in staff administration of the ordinance. MOTION by Toombs recommending to City Council approval of an amendment to Section 7.2 of Ordinance B City of Rosemount Zoning Ordinance as proposed by staff. Second by Hathaway. Ayes: 3. Nays: 0. 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 5:45 p.m. Re ctfully subs: d, Y mrb onna Quintus Recording Secretary 11 P.O. BOX 510 T L� 2875 -145TH ST. W. osernoun� ROSEMOUNT MINNESOTA 55068 612- 423 -4411 Planning Commission REGULAR MEETING MINUTES OCTOBER 23, 1990 Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on October 23, 1990 at 5:00 p.m. Acting Chairperson Hathaway called the meeting to order with members Toombs and Meyer present. Also present was City Planner Michael Wozniak. MOTION by Toombs to approve the October 9, 1990 Regular Meeting Minutes as presented. Second by Meyer. Ayes: 3. Nays: 0. City Planner Michael Wozniak advised that, since action by the Board of Appeals and Adjustments at it's September 25th meeting to deny the variance petition of Greg and Beth Bergacker, staff has identified an error in the final distributed copies of the Zoning Ordinance. The correct version of the Zoning Ordinance, which was approved by City Council, has language which allows accessory buildings up to 2400 square feet in size east of Akron Avenue for Agriculture zoned properties less than 20 acres in size (1200 square feet west of Akron Avenue). However, the Bergacker variance request also involved a departure from minimum ordinance aesthetic requirements. Based upon the identification of this error in administration of the Zoning Ordinance, staff is requesting a consensus from the Board of Appeals and Adjustments to determine if this would cause the Board to change its previous action. The Bergacker's have indicated their desire to challenge the aesthetic requirements and will appeal to City Council if the Board does not elect to reverse their earlier decision. Beth Bergacker was present in the audience and expressed her disagreement with the stringent aesthetic requirements for accessory buildings on Agriculture zoned properties, particularly in this situation where the subject 10 -acre parcel is surrounded by other agricultural and industrial uses. The aesthetic treatment proposed for this structure consists of horizontal aluminum lap siding to match the home on the west side of the building (interrupted by two metal garage doors), vertical metal panels on other wall surfaces and a metal roof. All exterior materials will be color coordinated with the home. Ms. Bergacker also noted the structure's restricted visibility from the road and the increased cost of materials to bring the building up to minimum ordinance aesthetic requirements. City Planner Wozniak advised that the principal reason for the Bergacker variance request is that of personal economics. According to state statute, a variance may not be granted solely on the basis of economic hardship if reasonable use of the property exists under the ordinance. The Board was in agreement to support their original decision to deny the variance request of Beth and Greg Bergacker based upon the fact that conditions are not met to approve a variance. It was agreed that discussion item 3a. of the October 23, 1990 Regular Planning Commission Meeting be deferred until the next regularly scheduled meeting to allow for comment from the full Commission. 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 5:15 p.m. Re I' dully submi i- i or Donna Quintus Recording Secretary 11 P. O BOX 510 Zly 2875 -145TH ST. W. osernouni ROSEMOUNT MINNESOTA 55068 12- 423 -4411 6 Planning Commission REGULAR MEETING MINUTES NOVEMBER 13, 1990 Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on November 13, 1990 at 5:00 p.m. Chairman Huntington called the meeting to order with members Toombs, Hathaway and Meyer present. Also present was City Planner Michael Wozniak. MOTION by Hathaway to approve the October 23, 1990 Regular Meeting Minutes as presented. Second by Meyer. Ayes: 4. Nays: 0. The November 13, 1990 Planning Commission Agenda was amended to include the following: Item 3(c) Bergacker Variance Appeal Update. City Planner Michael Wozniak introduced Cindy Carlson who will be working with the Community Development Department through June, 1991, as part of a Student Internship Program being coordinated by the University of Minnesota Center for Urban and Regional Affairs (CURA) and the Hubert H. Humphrey Institute of Public Affairs. Through this program Ms. Carlson will be available to the City, on a part -time basis (20 hours per week). Specifically, Ms. Carlson will provide assistance to the staff for the update of the Rosemount Comprehensive Guide Plan. To date, she has been involved in the research and coordination of data for the comp plan update. The Metropolitan Council is in the process of considering the adoption of new policies relating to land use and development of the Metropolitan Rural Service Area. The Met Council's re- evaluation of existing policies in the Rural Service Area is significant for the City of Rosemount, considering the quantity of existing rural service area properties. New policies will provide for more diversified uses and development, other than agriculture, outside the Metropolitan Urban Service Area (MUSA). The Planning Commission was encouraged to submit their suggestions for inclusion in a formal written statement to be presented by staff to the Land Use Advisory Committee of the Metropolitan and Community Development Committee at a scheduled public meeting to allow for public comment on Monday, November 19th at 7:00 p.m. City Planner Wozniak informed the Commission, that upon further investigation and interpretation by the city attorney, it has been determined that the current ordinance does not require extraordinary aesthetic treatment of accessory structures situated east of Akron Avenue. This eliminates the requirement for Greg and Beth Bergacker to seek a variance for their proposed accessory storage building at 13080 Akron Avenue. Staff has drafted a letter to the Bergackers notifying them of the recent ordinance interpretation and apologizing for any delay this may have caused in their construction plans. City Planner Wozniak discussed staffs current activities associated with the Guide Plan revision, and provided a comparison of the current guide plan format to the proposed plan format being prepared by Fred Hoisington, project consultant. The City Planner outlined the proposed organizational layout of the plan, which will include the same components as the current plan with the addition of new elements that the City has been dealing with in the past few years. The development of new "Goals and Objectives" statements will be the result of a compilation and organization of new data, including recommendations from the many citizen involvement committees and identified City Council goals for incorporation into the present guide plan statements. Staff requested Planning Commission contact staff to identify any issues they would like to see addressed regarding the process and comp plan update. Staff anticipates a preliminary draft of goal statements will be available for Planning Commission review and consideration at the next regular meeting. Chairman Huntington recessed the Regular Planning Commission Meeting and opened the Board of Appeals and Adjustments to conduct a scheduled public hearing scheduled to begin at 5:30 p.m. Chairman Huntington opened the public hearing to consider the variance petition submitted by Marvin Skinner. The recording secretary presented for the record the Affidavit of Mailed and Posted Hearing Notice and Affidavit of Publication. Regular Planning Commission Meeting November 13, 1990 Page Two Marvin Skinner, 4455 Upper 135th Street West, was present and requested a variance to side yard setback requirements for accessory structures in the RR Rural Residential District. Specifically, Mr. Skinner has requested this variance to allow construction of a detached 24' x 36' accessory garage to replace a deteriorated accessory structure to within 14.2 feet of his side yard, the same location as the former structure. Current ordinance side yard setback requirements in the RR district is 30 feet. City Planner Wozniak advised the subject 1 -acre parcel, located in Birch View Terrace, was rezoned from R- 1 Single Family Residential upon adoption of the new ordinance in 1989 on the basis that this subdivision is not served with public sanitary sewer. This subdivision has lots ranging from .5- to 1 -acre in size due to being platted prior to the requirement for minimum 2 -1 -acre lot sizes. The topography of Mr. Skinner's property, verified by building and planning staff, makes it impractical to site the building at the 30 -foot side yard setback required for the RR District. There are also several structures, within this same subdivision, with similar accessory structure configurations. There were no other persons present in the audience for comment. Chairman Huntington closed the public hearing at 5:40 p.m. MOTION by Huntington to approve the Variance Petition as submitted by Marvin Skinner to allow accessory structure construction to within 14.2 feet of the side yard lot line on Lot 3, Block 1, Birch View Terrace, on the grounds that it conforms to the requirements of Section 15.2 of Ordinance B City of Rosemount Zoning Ordinance. Second by Meyer. Ayes: 4. Nays: 0. Chairman Huntington closed the Board of Appeals and Adjustments and reconvened the November 13, 1990 Regular Planning Commission Meeting. Zion Building Company, contractor, has submitted a building permit application for a 12' x 17' addition, to accommodate a freezer unit, on the north side of Pizza Hut, 15065 Canada Avenue, located in South Rose Park 2nd Addition. The property is zoned C -4 General Commercial which requires 100% aesthetic treatment of surfaces facing a public right -of -way. The proposed addition will front on C.SA.H. 42. In addition to aesthetic treatment of the addition, City Planner Michael Wozniak recommended the Commission address the issue of relocation of the existing recycling bins which will be displaced by the proposed addition. The owners have indicated they would prefer facing the addition with metal; however, they are prepared to meet ordinance aesthetic requirements. The recycling dumpsters will occupy space in an existing enclosed dumpster area. Further discussion included aesthetic treatment of the easterly portion of the addition (facing the present McDonald's restaurant). The owners indicated they would abide by the Planning Commission's wishes. All other ordinance requirements have been met. MOTION by Toombs to approve issuance of a building permit for a 12' x 17' addition to Pizza Hut, 15065 Canada Avenue, as requested subject to 100% brick facing of the northerly wall facing C.SA.H. 42, and combination of brick and wood, or complimentary aesthetic treatment of the easterly wall to match existing; and, further, that the recycling bins be stored within the existing trash enclosure. Second by Huntington. Ayes: 4. Nays: 0. The Commission concurred to cancellation of the Tuesday, December 25, 1990 Regular Planning Commission Meeting. Chairperson Huntington announced he will be unable to serve on the Planning Commission for the year 1991. Staff should initiate proceedings for a replacement to complete the remainder of his term. 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 :15 p.m. Res ully submi i Donna Quintus Recording Secretary P.O. BOX 510 Z! 2875 -145TH ST. W. ose o unt ROSEMOUNT MINNESOTA 55068 12 -423 -4411 6 Planning Commission REGULAR MEETING MINUTES NOVEMBER 27, 1990 Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on November 27, 1990 at 5:00 p.m. Chairman Huntington called the meeting to order with members Toombs, Hathaway and Meyer present. Also present was Community Development Director Dean Johnson. MOTION by Toombs to approve the November 13, 1990 Regular Meeting Minutes as presented. Second by Hathaway. Ayes: 4. Nays: 0. Community Development Director Dean Johnson introduced Fred Hoisington, Hoisington Group, Inc., who has been contracted by the City to assist in the development and completion of the revisions to the Rosemount Comprehensive Guide Plan. Mr. Hoisington stated that a comp plan is a body of policies, in written and graphic form, that a city follows in responding to land use issues and proposals. These policies are developed from general statements, referred to as "Goal Statements which provide a general summary of the direction a community wishes to grow and expand based upon what a community perceives as the "ultimate" City and what quality of life it hopes to offer its residents. Mr. Hoisington reviewed the preliminary draft of the 24 proposed "Goal Statements" which were derived from results of studies by the Citizen Advisory Committee, Citizen Attitude Survey, City Council Goals Session, staff and current comp plan goal statements. Commissioner Hathaway excused herself from her chair at 5:55 p.m. Discussion ensued with Mr. Hoisington expanding on each of the Goal Statements and describing what impact each will have in development of the objectives and policies established in the revised comprehensive guide plan. Community Development Director Johnson encouraged the Commissioners to review the goal statements for further comment and input at the next regular Planning Commission meeting. 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 6:25 p.m. Res?, dully submit I I! 1 Donna Quintus Recording Secretary 1 P.O. BOX510 l l 2875 -145TH ST. W. ose�'YL ROSEMOUNT MINNESOTA X 510 612-423-4411 i Planning Commission REGULAR MEETING MINUTES DECEMBER 11, 1990 Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on December 11, 1990 at 5:00 p.m. Acting Chairperson Hathaway called the meeting to order with members Toombs and Meyer present. Also present was Community Development Director Dean Johnson and City Planner Michael Wozniak. MOTION by Meyer to approve the November 20, 1990 Regular Meeting Minutes as presented. Second by Toombs. Ayes: 3. Nays: 0. Acting Chairperson Hathaway suspended the regular order of the December 11, 1990 agenda to accommodate those present in the audience for discussion of New Business items. City Planner Michael Wozniak introduced Lance Johnson, property owner, and Kent Peterson, Bituminous Roadways, Inc. representative, who were present in the audience to discuss their application for renewal of a sand and gravel mining permit for the east 34 acres of the Lance Johnson property situated directly east of Koch Refining off Rich Valley Boulevard. Bituminous Roadways has operated the sand and gravel operation under a Rosemount Mining Permit since 1982 with a 2 -year permit renewal request granted in 1988. This latest request is for a period from January 1, 1991 to December 31, 1991. The City, pit operator and property owner have maintained a good, cooperative relationship throughout the mining activities on this property. The phasing plan, reclamation plan and permit conditions associated with their current mining permit were originally approved in 1982. City Planner Wozniak discussed a revised phasing plan which exhibited a modified final grading and proposed timetable for property reclamation. City Planner Wozniak also distributed and discussed a revised list of Mining Permit Conditions. It was noted that previously a $25,000 Performance Bond was required to guarantee adequate restoration of the site should the applicant not meet the conditions of the permit. The revised bond amount has been adjusted, as determined by the City Engineer and based upon his projected estimation of reclamation costs, to $2,000 per acre for a total Performance Bond of $68,000. City Planner Wozniak advised that, upon staff inspection of the site, mining had encroached beyond the Lance Johnson property boundaries onto the property of Charles Koehnen. Mr. Kent Peterson stated that this encroachment was unintentional and a private contract has been agreed upon and initiated between Bituminous Roadways, Inc. and Mr. Koehnen for restoration of the property. Mr. Lance Johnson requested a reduction in the amount of Performance Bond to $1,000 per acre, or a total of $34,000. He stated there is no indication that the sharp increase from $25,000 to $68,000 concerns a specific rule that applies to this property. The Commissioners were in consensus that, based upon the City's past relationship experience with the applicant, that a reduced bond amount may be warranted. MOTION by Toombs to recommend approval of the Lance Johnson Mining Permit to City Council subject to the staff prepared list of Mining Permit Conditions with the exception that the performance bond be reduced from $2,000.00 /acre to $1,000.00 /acre, and subject to a revised mining plan. Second by Meyer. Ayes: 3. Nays: 0. City Planner Wozniak advised that the Dakota County Vocational and Technical Institute has requested a text amendment to Ordinance B City of Rosemount Zoning Ordinance to allow electronic changeable message signs in the PUB Public District. This request was initiated by school Planning Commission Meeting Minutes December 11, 1990 Page Two personnel upon a formal request for a permit to erect an electronic changeable message sign on Vo- Tech property to improve communication between the school and community, thus increasing the visibility of the school to the public, inform persons travelling to the college and passersby about school events/happenings and permit city/county information to be displayed. This sign would be utilized in combination with existing signs currently located on campus. The Commission was also advised that current signage on the Vo -Tech property already exceeds that which is allowed for the PUB District. City Planner Wozniak reminded the Commission of extensive discussions by City Council, Planning Commission and staff when evaluating the proposed sign ordinance provisions. The consensus at that time was that electronic changeable reader board signs were not appropriate and may present some safety issues. This application was discussed at a recent City department head meeting with staff consensus to recommend denial of the petition. Mr. Ron McKeaver and Mr. Russ Anthony, representatives from the vo -tech, were present and discussed the specifics of the proposed sign and highlighted recent studies which have concluded no direct correlation with roadside signs and traffic accidents. Mr. McKeaver and Mr. Anthony also noted that the lighted sign could be regulated by a dimmer control to minimize glare that may occur during certain weather conditions. It was also noted, that a sign such as the one proposed would serve to provide additional lighting for the college entryways. The Planning Commission agreed that electronic signs may have a tendency to present a nuisance on smaller commercially zoned properties; however, it may be appropriate to address larger land parcels zoned for public or institutional uses differently. It was noted that numerous public related activities occur at the school and it may be a benefit to the community that these events be properly advertised by means of a sign such as the one proposed. MOTION by Toombs to direct staff to prepare, for Planning Commission review, a text amendment to Ordinance B City of Rosemount Zoning Ordinance that provides language content that would permit electronic reader boards as an allowed use for properties used for institutional/public' purposes. Second by Meyer. Ayes: 3. Nays: 0. Fred Hoisington, Hoisington Group Inc., was in attendance to continue discussion of the proposed Community Goal Statements for inclusion in the updated comprehensive guide plan. Mr. Hoisington responded to specific inquiries of the Commission. Community Development Director Dean Johnson advised that each of the general goal statements will be expanded upon in the text of the updated comp plan, including procedures, restraints and performance standards regarding industrial growth east of Akron Avenue. MOTION by Hathaway to accept the Community Goal Statements as presented by Hoisington Group, Inc. and refer this document to City Council for consideration and approval. Second by Toombs. Ayes: 3. Nays: 0. 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 6:25 p.m. spectfully su.tted, Donna Quintus Recording Secretary Ilk 1 P.O. BOX 510 ZL 2875 -145TH ST. W. *Ifs g?osemou,ni ROSEMOUNT MINNESOTA 55068 612- 423 -4411 Planning Commission REGULAR MEETING MINUTES JANUARY 8, 1991 Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on Tuesday, January 8, 1991 at 5:00 p.m. Chairman Huntington called the meeting to order with members Toombs, Hathaway and Meyer present. Also present was Michael Wozniak, City Planner. City Planner Michael Wozniak advised that Commissioner Toombs, whose Planning Commission term was complete at the end of 1990, and Commissioner Huntington, whose Planning Commission resignation was effective as of January 1, 1991, have both agreed to continue their Commission duties until new appointments to the Commission are completed. MOTION by Toombs to approve the December 11, 1990 Regular Meeting Minutes as presented. Second by Hathaway. Ayes: 4. Nays: 0. City Planner Wozniak introduced William Dolan and John Voss, Valley Wood Partners, who have submitted a revised preliminary plat for their proposed eight -lot, rural residential subdivision (average 5 -acre lots) on a forty -acre parcel situated south of Country Road 38 and abutting the Rosemount /Apple Valley boundary. The original Valley Wood Estates preliminary plat had been approved, with conditions, by City Council in September, 1990, with a proposed street alignment that dissected the plat and featured lots on either side of the street. The revised preliminary plat differs from the original in that a portion of the new street alignment parallels, to within ten feet, the westerly Rosemount/Apple Valley boundary of the site. Mr. Dolan and Mr. Voss stated they are submitting the revised preliminary plat to the Commission and Council for reconsideration for the following reasons: 1) detailed evaluation of the site indicated many of the most mature, largest diameter oak trees on the site were situated within the original proposed street alignment; 2) a substantial amount of cut and fill would be required to construct the street if built within the original alignment causing significantly greater environmental impact in terms of extent of grading and amount of tree loss than would construction within the revised street alignment; 3) revised proposed street alignment would allow site drainage to be more easily addressed; specifically, it would avoid the necessity of culvert construction under the proposed street to handle drainage flow and allow for a more favorable surface drainage swale connection between proposed on site ponding areas. City Planner Wozniak advised that the revised preliminary plat, with exception to cul -de -sac length, is in conformance with all zoning and subdivision ordinance requirements for the RR Rural Residential District. City Planner Wozniak noted that, in August, 1990, a variance was granted to allow the 1,900 -foot cul -de- sac, which exceeds the maximum subdivision ordinance length of 700 feet. The parcel is currently zoned RR, which is consistent with the Rosemount Comprehensive Guide Plan. However, upon concerns expressed by Apple Valley Planning and Engineering staff and Earl Vraa, developer of the Hearthstone Addition situated on the property abutting the proposed Valley Wood Estates addition, staff has proposed an alternative alignment, as a gesture of compromise, that would increase the minunum separation from street right -of -way to 40 feet versus the 10 -foot separation proposed. This is consistent with the 40 -foot separation required for rear yard structure setback for the RR District. Therefore, staff recommends tabling discussion of the Valley Wood Estates revised preliminary plat until the January 22, 1991 Regular Planning Commission Meeting to allow the developer to revise the proposed street alignment according to staff recommendation. Mr. Dolan and Mr. Voss suggested they would be amenable to a 20 -foot setback with no grading within that 20 -foot street right -of -way, thereby maintaining completely natural woodland/foliage conditions abutting Apple Valley property. REGULAR PLANNING COMMISSION MEETING January 8, 1991 Page Two Chairperson Huntington opened the floor to allow comment from those present in the audience. 411 Apple Valley Hearthstone Subdivision Developer Earl Vraa, general contractors and several current and potential residents of the Hearthstone lots expressed their preference to the Valley Wood Estates street alignment originally proposed and approved by the City of Rosemount. Those assembled concurred on several issues including: impact on value of Hearthstone Addition property; security, privacy and safety issues traditionally characteristic of double frontage lots; and root damage to trees /vegetation within the proposed right -of -way, as well as abutting Apple Valley properties, due to street grading activities. John Voss suggested that to retain a large "open area" abutting Apple Valley single family development property would obviously be beneficial to several of the Hearthstone Development's substandard single family lots, with some lots abutting Rosemount being as little as 90 feet deep. However, this would not be an equitable situation for future Rosemount residents who would be responsible for upkeep and assessed for taxes on this a larger jointly owned outlot. MOTION by Hathaway recommending denial of the Valley Wood Estates revised preliminary plat. Second by Toombs. Ayes: 4. Nays: 0. City Planner Wozniak advised that City Council will consider Planning Commission recommendation and formal public comment at a public hearing to be scheduled for sometime in February. Required notice of the public hearing will be forwarded to area property owners, as required. 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 6:25 p.m. Res ectfully submit i t Donna Quintus Recording Secretary AI