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HomeMy WebLinkAbout1991 P.O. BOX 510 cit of 2875 -145TH ST. W. osernouni ROSEMOUNT MINNESOTA 55068 612- 423 -441 1 Planning Commission REGULAR MEETING MINUTES JANUARY 22, 1991 Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on Tuesday, January 22, 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. MOTION by Toombs to approve the January 8, 1991 Regular Meeting Minutes as presented. Second by Hathaway. Ayes: 4. Nays: 0. Ron Carlson, Carlson Farms, Inc. has submitted, for approval, the fmal plat for South Rose Park 3rd Addition. This subdivision involves the replatting of Lot 2, Block 3, South Rose Park Addition Replat to divide the 3.8 -acre lot into three smaller lots for future commercial development. The Planning Commission previously recommended approval of the South Rose Park 3rd Addition preliminary plat subject to rezoning from R -3 to C -4 to accommodate commercial use and cash in lieu of land park dedication. The issues of stormwater drainage and erosion controls, along with the removal of an existing farmhouse, have been addressed in the development contract. The rezoning to a commercial district will be considered by Council concurrent with final plat approval. The fmal plat, as submitted, is in conformance with all zoning and subdivision ordinance requirements. MOTION by Toombs recommending to City Council approval of the South Rose Park 3rd Addition final plat subject to an executed Subdivision Development Agreement. Second by Meyer. Ayes: 111 Toombs, Hathaway, Meyer. Nays: 0. Abstain: Huntington (due to conflict of interest). Motion carried. 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 5:20 p.m. 3 ullb j r Donna Quintus Recording Secretary e P.O BOX 510 t, 2875 -145TH ST. W. o serno ROSEMOUNT. MINNESOTA 55068 12- 423 -441 1 6 Planning Commission REGULAR MEETING MINUTES FEBRUARY 12, 1991 City Planner Michael Wozniak administered the Oaths of Office for newly appointed Planning Commissioners Cathy Busho and John Edwards II. It was noted that Kurt Gundacker would not be able to assume his duties as new Planning Commissioner at this time as he has been called to active status in the Army Reserve due to the Iraq conflict. Council has elected to reserve Mr. Gundacker's appointment until his return. The Planning Commission and staff extended a welcome to new Commissioners Busho and Edwards. Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on Tuesday, February 12, 1991 at 5:00 p.m. Acting Chairperson Hathaway called the meeting to order with members Busho, Edwards and Meyer present. Also present was Michael Wozniak, City Planner, and Community Development Director Dean Johnson. MOTION by Meyer to approve the January 21, 1991 Regular Meeting Minutes as presented. Second by Edwards. Ayes: 4. Nays: 0. City Planner Michael Wozniak presented a brief overview of current planning activities to assist in familiarizing the new Commissioners with the responsibilities which lie ahead for them. City Planner Wozniak also discussed the Rosemount Comprehensive Guide Plan, Ordinance B City of Rosemount Zoning Ordinance and Ordinance XVII.4 City of Rosemount Subdivision Ordinance describing the major duties and the role of the Planning Commission in site plan reviews and recommendations to City Council regarding amendments to the zoning and subdivision ordinances. The Commission was also advised of their duty to act as the Zoning Board of Appeals and Adjustments in consideration of requests for variances to City ordinances. City Planner Wozniak advised that ISD No. 917 (Dakota County Vocational and Technical Institute) has petitioned the City for consideration of a zoning text amendment to allow the use of electronic changeable message signs within the PUB Public District. Staff was previously directed by the Planning Commission to draft the required language to modify the Zoning Ordinance to allow the use of electronic changeable message signs in the Public District. Wozniak directed the Commission's attention to his reviews wherein staff has drafted zoning ordinance text revisions to accommodate this request. Suggested text modifications include the addition of definitions for Electronic Changeable Message Signs and Public Service Announcements, for clarification of the use of such signs for display of time, temperature or other public information. Modifications would also be necessary to Section 10.1 C General Provisions and 10.2 E Signs Allowed by Permit in Commercial and IP Districts. City Planner Wozniak reiterated staff's initial recommendation that it is not in the best interest of the City to approve the proposed Zoning Ordinance text amendment due to concerns for traffic safety and the potential for pressure from business owners to allow use of similar signs in commercial districts. Staff believes that widespread use of electronic reader boards throughout the City represents a negative visual impact and would jeopardize the "small town" character of Rosemount so desired by Rosemount residents. There were no representatives from the Vo -Tech in attendance at this meeting. The Commissioners S indicated they had several questions regarding the applicant's intentions in their use of the electronic changeable message sign. Regular Planning Commission Meeting February 12, 1991 Page Two MOTION by Meyer to hold action on the Zoning Ordinance text amendment proposal and directed staff to advise the applicant to attend the next Regular Planning Commission Meeting for further discussion of their proposal. Second by Busho. Ayes: 4. Nays: 0. Martin Heuer, 12552 South Robert Trail, has submitted the Heuer Addition final plat for Planning Commission approval. City Planner Wozniak briefly reviewed the subdivision proposal which entails the reconfiguration of a common lot line between two lots located in the RR Rural Residential District. Mr. Heuer was made aware of a situation wherein his private septic system was not situated entirely upon his lot. The adjustment of the common lot line corrects this situation. On April 10, 1990 the Planning Commission, acting in their authority as the Board of Appeals and Adjustments, approved a variance to lot size requirements in the RR Rural Residential District. The Heuer Addition final plat conforms to all zoning and subdivision ordinance requirements for the Rural Residential District, with exception to minimum lot size previously addressed by variance approval. MOTION by Hathaway to recommend to City Council approval of the Heuer Addition final plat. Second by Meyer. Ayes: 4. Nays: 0. Community 'Development Director Dean Johnson made a formal announcement of his resignation effective March 25, 1991. Johnson also thanked Mike for four years of great service to the Rosemount community and wished him luck as new Community Development Director for the City of Hastings. The Planning Commission reiterated their congratulations and best wishes to Mike and also wished Dean good luck in his future endeavors. Community Development Director Johnson introduced Cindy Carlson, City of Rosemount Planning Intern, who will be involved in assisting in the Rosemount Comprehensive Guide Plan revisions. The Commission was advised to contact Ms. Carlson regarding any comp plan questions. Community Development Director Johnson also introduced Fred Hoisington, Hoisington Group, Inc., under contract with the City as a planning consultant to assist in the completion of the Rosemount Comprehensive Guide Plan update. MOTION by Busho to adjourn. Second. by Meyer. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 6:15 p.m. Res. ctfully subm d, Donna Quintus Recording Secretary et P.O. BOX 510 2875 -145TH ST. W g?osernount ROSEMOUNT. MINNESOTA 55068 612- 423 -441 1 Planning Commission REGULAR MEETING MINUTES FEBRUARY 26, 1991 Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on Tuesday, February 26, 1991 at 5:00 p.m. Acting Chairperson Hathaway called the meeting to order with members Edwards, Meyer and Busho present. Also present was Community Development Director Dean Johnson and Planning Intern Cindy Carlson. MOTION by Edwards to approve the February 12, 1991 Regular Meeting Minutes as presented. Second by Meyer. Ayes: 4. Nays: 0. Community Development Director Dean Johnson briefly explained the provisions of the Planning Commission Bylaws to hold an Annual Meeting for the purpose of electing a Planning Commission Chairperson and Secretary. Nominations for these offices may be taken at the meeting prior to the Annual Meeting and at the Annual Meeting. MOTION by Hathaway to set the Annual Meeting of the Planning Commission for March 12, 1991. Second by Meyer. Ayes: 4. Nays: 0. MOTION by Meyer to nominate Sheila Hathaway as Planning Commission Chairperson. Second by Edwards. Ayes: 4. Nays: 0. MOTION by Busho to nominate Al Meyer as Planning Commission Secretary. Second by Hathaway. Ayes: 4. Nays: 0. Community Development Director Dean Johnson advised that Mr. 011ie Nordvick has indicated his interest in initiating subdivision proceedings to subdivide into two lots his approximate 3 -acre parcel, 15280 South Robert Trail, situated just north of and contiguous to the "City Limits" bowling alley. The subject property is currently zoned C -4, which is consistent with the Comprehensive Guide Plan Land Use Designation. Mr. Nordvick has been contacted by a potential buyer of the proposed southerly 2- acre lot for use as a busing business. Johnson noted that the current zoning ordinance does not specifically address buses as a permitted use in the C -4 District. Johnson proceeded to discuss the "options" that could be pursued in addressing this issue and the role of the Planning Commission in its consideration of this potential request. This item will be on a subsequent Planning Commission Agenda for formal action upon submittal by the applicant. Community Development Director Johnson provided an update on the L.H. Sowles request for an amendment to the Comprehensive Guide Plan to redesignate ten acres of property situated at the southwest quadrant of the intersection of TH52 and County Road 38, currently owned by Edmund Dunn, from AG Agriculture to IG General Industrial. When this request was first presented to the Planning Commission in 1990, the Commission recommended to City Council a guide plan amendment should not be considered until the Comprehensive Guide Plan Update has been completed. Due to L.H. Sowles immediate need for storage space for their equipment, the applicant has requested Council to hold a public hearing for consideration of their request. Council has set a public hearing for March 19, 1991 at 8:00 p.m. Concurrent with this action, Solberg Aggregate, Inc. has reactivated their request for a guide plan amendment to redesignate from AG Agriculture to IG General Industrial an approximate 10 -acre parcel situated at the northeast quadrant of the intersection of TH 52 and County Road 42. Planning Commission recommendation to Council on this request was the same as for the L.H. Sowles application. Staff will ask Council if they wish to set a hearing for the Solberg Aggregate request at the same time as the L.H. Sowles public hearing. Regular Planning Commission Meeting Minutes February 26, 1991 Page Two Discussion continued regarding the Comprehensive Guide Plan revisions and the several issues the City will be dealing with during the update process. Johnson stated staff and Hoisington Group Inc. will be presenting a "concept plan" to both Council and the Planning Commission to serve as a visual tool to support the "Goal Statements." Community Development Director Dean Johnson advised that the Dakota County Vo -Tech had been contacted and advised that their application for zoning ordinance text amendment regarding electronic reader board signs would be discussed at this meeting; however, there were no representatives from the Vo -Tech in attendance. The Planning Commissioners directed staff to contact the school again to determine if they wish to pursue this issue and that this request be tentatively placed on the March 12, 1991 Planning Commission Agenda. Community Development Director Johnson advised that City Council had approved a zoning ordinance text amendment which identifies and creates a new district and permits sand and gravel mining, with restrictions, in the Agriculture District. The properties eligible for Mineral Extraction is restricted to Agricultural zoned properties situated east of Highway 52 and within one half mile of County Road 42. The Planning Commission recommended to Council approval of this text amendment approximately one year ago. MOTION by Meyer to adjourn. Second by Hathaway. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 7:25 p.m. Respectfully submitt aa l l e14.4)( Donna Quintus Recording Secretary ily o g osemouni *HONE (612) 423 -4411 2875 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 423 -5203 Mailing Address: Vernon Napper P. O. Box 510, Rosemount, Minnesota 55068 -0510 COUNCILMEMBERS Sheila Klassen John Oxborough Harry Willcox Dennis I S Planning Commission ADMINISTRATOR ADMINISTRATOR Stephan Jilk ANNUAL PLANNING COMMISSION MEETING MINUTES MARCH 12, 1991 Pursuant to due call and notice thereof the Annual Meeting of the Planning Commission was duly held on Tuesday, March 12, 1991 at 5:00 p.m. Acting Chairperson Hathaway called the meeting to order with members Edwards, Meyer and Busho present. Also present was Community Development Director Dean Johnson. MOTION by Edwards to approve the February 26,1991 Regular Meeting Minutes as presented. Second by Meyer. Ayes: 4. Nays: 0. Community Development Director Dean Johnson advised that Planning Intern Cindy Carlson and Comprehensive Guide Plan Update Consultant Fred Hoisington, Hoisington Group Inc., have been compiling data for development of City Policies and a Land Use Plan for the Comprehensive Guide Plan update. Mr. Hoisington and Ms. Carlson anticipate these draft documents will be ready for presentation to the Planning Commission for review at the April 9, 1991 Regular Meeting. Community Development Director Johnson reviewed with the Commission a request from Dakota County Technical College, 1300 145th Street East, for a Zoning Ordinance text amendment to allow the use of an Electronic Changeable Message Sign on their property. Current ordinance provisions allow exterior "electronic reader boards" only for display of time and temperature and other public information. The Technical College wishes to use Electronic Changeable Message Signs to inform the public of school events and has further indicated a willingness to also allow City and County public service announcements /information to be displayed. Johnson reiterated staff's recommendation to deny this request based upon objections expressed in thorough discussions by both Council and Planning Commission in their consideration of sign ordinance modifications, potential negative aesthetic and visual impact, traffic safety concerns and the potential for establishment of a precedent. However, at the Commission's direction to attempt to accommodate the applicant's request to allow this use in the Public District, staff has drafted a sign ordinance text modification which they feel represents the least impact and ramifications to other districts. Ron McKeaver, Dakota County Technical College representative, stated his awareness of the proposed text language submitted by staff and expressed his endorsement of the proposed standards and conditions. Planning Commission discussion ensued with Mr. McKeaver responding to several questions of the Commissioners regarding sign dimensions and location, and message content, length and interval /pause frequency details. The majority of the Commissioners appeared to be in consensus that there is a need for improved advertisement for public awareness of the events that take place at the Technical College and believed that the opportunity for City/County announcements would benefit the Rosemount residents. There was further agreement that the draft text amendment, submitted by staff, represented the least impact on other districts. MOTION by Hathaway to recommend to City Council approval of a text amendment to SECTION 10 SIGNS of Ordinance B City of Rosemount Zoning as submitted and to set a public hearing for consideration of the text amendment. Second by Meyer. S veryihings Coming `C/(,P cRosemouni!! 0 100%.ecycle0 pope, Annual Planning Commission Meeting Minutes March 12, 1991 Page Two 411 Commissioner Edwards stated, for the record, his decision to take a negative position regarding this request based upon the following: 1) his cognizance of debates and discussions taking place in municipalities bordering Interstate 494 with respect to signage problems along this corridor and due to his vision of growth within the City of Rosemount whereby he anticipates increased growth along County Road 42 which may necessitate and facilitate creating amendments, or exceptions, as growth continues; 2) his opinion that this type of advertisement is limited when there are so many other avenues of advertisement media to pursue; and 3) his appreciation of the time and effort invested by planning staff in researching this issue and the presentation of staff findings and department head comments; and, therefore, he felt he could not oppose staff recommendation. Vote on the MOTION: Ayes: Hathaway, Meyer, Busho. Nays: Edwards. Motion carried. Should Council approve the pending text amendment to allow electronic changeable message signs in the PUB District and a sign permit is granted to the applicant, Commissioner Busho suggested that Council pursue some form of formal or informal agreement with the Technical College to allow the use of the sign to publicize City events. Acting Chairperson Hathaway opened the floor for further nominations for the positions of Planning Commission Chairperson and Secretary. MOTION by Edwards to close the nominations. Second by Hathaway. Ayes: 4. Nays: 0. MOTION by Edwards to cast a unanimous ballot to elect Sheila Hathaway as Planning Commission Chairperson. Second by Busho. Ayes: 4. Nays: 0. MOTION by Edwards to cast a unanimous ballot to elect Al Meyer as Planning Commission Secretary. Second by Busho. Ayes: 4. Nays: 0. Community Development Director Dean Johnson discussed a proposed use of property located at 15280 South Robert Trail as detailed in correspondence received from Mr. Robert J. Regan of Osseo Brooklyn Bus Co. Mr. Regan is contemplating purchasing a portion of the property, consisting of two structures, with the intent to operate a retail and wholesale distribution service of bus parts and, further, to provide additional storage of ISD 1% school buses. The subject property is currently zoned C -4 which does not expressly address bus storage as a permitted use. Upon discussion and debate of the proposed use, the Planning Commission directed staff to relay an administrative interpretation to Mr. Regan, that the use does not conform to the district requirements of this Zoning Ordinance. MOTION by Hathaway to adjourn. Second by Busho. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 6:55 p.m. Res ctfully submitt Donna Quintus Recording Secretary ty P.O. BOX 510 osernoun� ROSEMOUNT MINNESOTA BOX 510 612 423 -4411 Planning Commission REGULAR MEETING MINUTES MARCH 26, 1991 Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on Tuesday, March 26, 1991 at 5:00 p.m. Acting Chairman Meyer called the meeting to order with members Edwards and Busho present. Also present was Consultant Dean Johnson from Resource Strategies Corp. MOTION by Edwards to approve the March 12, 1991 Regular Planning Commission Meeting Minutes as amended with the addition of paragraph three (3) on page two (2). Second by Busho. Ayes: 3. Nays: 0. The regular agenda was amended to accommodate those present in the audience. Consultant Dean Johnson updated the Commission on the progress of Country Hills, First, Second and Third Additions. Changes in the original development plan have been prompted by the joint development of Shannon Park /Elementary School and the construction of Shannon Parkway. The alignment of Shannon Parkway, the elementary school, and the park have created revisions to the lot configuration within Country Hills Fourth Addition and the original park land dedication. As a result of these actions, U.S. Homes Corporation has altered the phasing plan for the remainder of the development. The reduction in the original proposed park dedication, due to the realignment of Shannon Parkway, will be satisfied with a park dedication of land around Birger Pond. No action was taken at this time. Lee Johnson, U.S. Homes Vice President, and Mike Black, James R. Hill, Inc., were in attendance to answer any questions the Commission had of the Country Hills Fourth Addition final plat /PUD amendment. Consultant Johnson apprised the Commission regarding USPCI's petition to initiate a guide plan amendment and the rezoning of property for their non hazardous industrial waste containment facility proposal. The guide plan amendment involves redesignation of a portion of the site from Agricultural to General Industrial and to include the entire site in an urban service area. The rezoning involves changing a portion of the site from Agriculture to Waste Management. Mary Schessler, a USPCI representative, and Bob Pulford, a land use consultant, were present in the audience to answer any questions the Commission had of the USPCI proposed guide plan amendment /rezoning petitions. The Commission was advised that the guide plan amendment /rezoning petitions would require three separate public hearings: guide plan amendment; rezoning; and interim use permit. The requirements and procedure of an interim use permit were discussed. The Commission expressed concern that the necessary precautions and guarantees be put in place to effectively monitor and maintain the facility as long as it exists. MOTION by Meyer to accept from USPCI the petitions for a guide plan amendment and rezoning of property. Second by Busho. Ayes: 3. Nays: 0. Consultant Johnson informed the Commission of a proposal from RECOMP, Inc. to construct a 400 ton per day mixed municipal waste facility on the University of Minnesota, Rosemount Research Center property. The compost facility is designed to accept a predominantly organic waste stream (food wastes) from the metropolitan area. The Metropolitan Council is currently preparing an Environmental Assessment Worksheet for this proposal. As the proposal proceeds, the Commission will be updated. Acting Chairman Meyer recessed the regular planning commission meeting at 7:35 p.m. The regular planning commission meeting was reconvened at 7:40 p.m. Regular Planning Commission Meeting Minutes March 26, 1991 Page Two Johnson updated the Commission with reference to the time table that has been set for the Advisory Task Force to select the new major airport final search area. Three candidate search areas have been sited by the task force as possible locations. The Commission reviewed a packet of information on the "dual track" airport process. The City Council has taken a formal position that the fmal search area selection be delayed, pending further review of environmental data and analysis of socio economic impacts. No update was provide for item 3(b.) Comprehensive Guide Plan Update due to the length of the meeting. Johnson provided the Commission updates regarding the Ed Dunn /L.H. Sowles Guide Plan Amendment and Solberg Aggregate Guide Plan Amendment. Johnson informed the Commission that both these guide plan amendments would require submittal to the Planning Commission and City Council for action and submittal to the Metropolitan Council for formal review. Because both sites are located in the Airport Candidate Search Area, the review may take 90 days. These amendments will be on the April 9, 1991 Agenda. Johnson informed the Commission that the City has received a formal application from Bituminous Roadways for a' Mineral Extraction Permit on property located on the south side of County State Aid Highway 42, east of Trunk Highway 52. This site is eligible for mineral extraction as a result of recent amendments to the Zoning Ordinance. The supplemental information that is required as part of the application has not been submitted in its entirety, therefore, Johnson requested that the application not be accepted at this time. MOTION by Meyer to adjourn. Second by Busho. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 8:15 p.m. Respectfully submitted, Maryann Stoffel Recording Secretary i1y o osemouni ilk HONE (612) 423 -4411 2875 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 423 -5203 Mailing Address: Vernon Napper P. O. Box 510, Rosemount, Minnesota 55068 -0510 COUNCILMEMBERS Sheila Klassen John Oxborough Harry Willcox Planning Commission Dennis Wippermann REGULAR MEETING MINUTES APRIL 9, 1991 ADMINISTRATOR Stephan Jilk Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on Tuesday, April 9, 1991 at 5:00 p.m. Chairperson Hathaway called the meeting to order with members Meyer and Busho present. Also present was Consultant Dean Johnson, Resource Strategies Corp., and Planning Intern Cindy Carlson. MOTION by Meyer to approve the March 26, 1991 Regular Meeting Minutes as presented. Second by Busho. Ayes: 3. Nays: 0. Johnson introduced Eric Short of the Hertogs, Fluegel, Sieben, Polk, Jones LaVerdiere law firm, the new City Attorney. Johnson also introduced Sarah Parsons, Heikkila Publications, Inc., editor for the new "Rosemount Town Pages" newspaper. Consultant Dean Johnson provided the Commission with the guide plan amendment and airport search area land use change applications prepared for L.H. Sowles and Solberg Aggregate for submission to the Metropolitan Council. MOTION by Hathaway to approve the L.H. Sowles guide plan amendment submission and airport search area land use change submission. Second by Busho. Ayes: 3. Nays: 0. MOTION by Hathaway to approve the Solberg Aggregate guide plan amendment submission and airport search area land use change submission. Second by Meyer. Ayes: 3. Nays: 0. Consultant Dean Johnson updated the Commission on the Country Hills 4th Addition final plat and the revised Country Hills Planned Unit Development. Lee Johnson, U.S. Homes Vice President, and Mike Black, James R. Hills, Inc., were in attendance to answer questions posed by the Commission and to present information regarding the proposed Birger Pond park dedication. MOTION by Hathaway to approve the Country Hills 4th Addition Final Plat and the revised Country Hills Planned Unit Development subject to specified conditions in the April 9, 1991 Regular Planning Commission Meeting Reviews. Second by Busho. Ayes: 3. Nays: 0. Consultant Johnson reminded the Commission that Commissioners Busho and Edwards will be involved in the Blandin Foundation follow -up "retreat," April 23 -24. If new Commissioner Kurt Gundacker has not returned from his Army Reserve duties, the April 23, 1991 Regular Meeting will be cancelled. Fred Hoisington, Hoisington Group, Inc., was in attendance to lead discussion of a land use concept plan and present draft policies for the revised Comprehensive Guide Plan. Discussion of the concept plan and policies will continue at the next Regular Meeting. MOTION by Meyer to adjourn. Second by Busho. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 7:00 p.m. Respectfully submitted, Cindy Carlson Planning Intern S very( 1 ing (Up Coming `ULp cRosemoun(l! 100% iecY<1ed Pepe, ily of Rosemount •PHONE (612) 423 -4411 2875 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 423 -5203 Mailing Address: Vernon Napper P. O. Box 510, Rosemount, Minnesota 55068 -0510 COUNCILMEMBERS Sheila Klassen John Oxborough TO: PLANNING COMMISSION Harry Willcox CITY COUNCIL Dennis Wippermann CITY DEPARTMENT DIRECTORS ADMINISTRATOR Stephan Jilk FROM: DEAN JOHNSON, RESOURCE STRATEGIES CORP. DATE: APRIL 18, 1991 RE: APRIL 23, 1991 REGULAR PLANNING COMMISSION MEETING CANCELLATION Please be advised, the April 23, 1991 Regular Planning Commission Meeting is cancelled. The participation by Commissioners Busho and Edwards at the Blandin Foundation "retreat" and army reserve duties of Colonel Gundacker prevent a quorum from assembling. We are pleased to announce that Colonel Gundacker will be coming home later in the month. The 111 next Regular Meeting of the Planning Commission will be held at 5:00 p.m., May 14, 1991. 411 6ver Coming CUP cRosemounlll 0 100% racY['lad gpty ily o g osemouni *HONE (612) 423 -4411 2875 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 423 -5203 Mailing Address: Vernon Napper P. O. Box 510, Rosemount, Minnesota 55068 -0510 COUNCILMEMBERS Sheila Klassen John Oxborough Harry Willcox Planning Commission Dennis Wippermann REGULAR MEETING CANCELLATION APRIL 23, 1991 ADMINISTRATOR f Stephan Jilk Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission scheduled for the April 23, 1991 was cancelled due to a lack of a quorum. veryihings @oming osemounil! icy of g osevnovuni PHONE (612) 423 -4411 2875 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 423 -5203 Mailing Address: Vernon Napper P. O. Box 510, Rosemount, Minnesota 55068 -0510 COUNCILMEMBERS Sheila Klassen Planning Commission John Oxborough Harry Willcox Dennis Wippermann REGULAR MEETING MINUTES MAY 14, 1991 ADMINISTRATOR Stephan Jilk Dean Johnson, Resource Strategies Corporation (RSC), administered the Oath of Office to Kurt C. Gundacker who had been unable to assume his duties as commissioner in February of this year as he had been called into active status in the Army Reserve due to the Iraq conflict. Council had elected to reserve Mr. Gundacker's appointment until his return. The Planning Commission and staff extended a welcome to Mr. Gundacker. Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on Tuesday, May 14, 1991 at 5:00 p.m. Chairman Hathaway called the meeting to order with members Gundacker, Edwards, Meyer and Busho present. Also present was City Planning Consultant Dean Johnson, RSC, and Cindy Carlsson, Planning Intern. MOTION by Meyer to approve the April 9, 1991 Regular Meeting Minutes as presented. Second by Busho. Ayes: 5. Nays: 0. Consultant Dean Johnson requested that Agenda Item 4(b) Amberwood Estates Final Plat, be removed from the agenda pending further required submissions to the city by the developer. Johnson introduced Cary Perket, project manager, and Bob Pulford, consultant for United States Pollution Control Inc. (USPCI, Inc.), who provided an overview regarding a proposed project, referred to as the Minnesota Industrial Containment Facility (MICF), designed to accept and provide long- term containment of non hazardous industrial waste. The proposed site is 236 acres in size and situated in the Pine Bend industrial area in eastern Rosemount. Approximately 120 acres would be occupied by 10 containment cells and administrative and production /manufacturing facilities while the remaining 116 acres would serve as a buffer area and left in its natural condition. In March, 1991 the City of Rosemount City Council accepted USPCI petitions for Rosemount Comprehensive Guide Plan Amendments and Rezoning for formal review. The comp plan amendment petitions are a request to include the western MICF site in the Metropolitan Urban Service Area (MUSA); and a land use redesignation of the eastern MICF site from AG Agriculture to GI General Industrial and to identify the eastern portion of the site in the MUSA. The rezoning petition represents a request to rezone the eastern portion of the MICF site from AG Agriculture to WM Waste Management District. Johnson advised that the City Council recently requested that USPCI consider relocating to the University properties in Rosemount, in the proximity of the Dakota County proposed incinerator site, with the concept of establishing a "waste management campus." The theory is to concentrate waste management activities within the same area of the city. This is one of the issues that the Planning Commission will have to consider in their recommendations regarding the impending comprehensive guide plan update. No action was taken. Johnson presented a request from Mrs. Elizabeth Stein, 3820 120th Street West, to divide approximately 35 acres of Agriculture zoned property, situated along the northwesterly boundary of the City, into one 10- and one 25.4 -acre parcel. Mrs. Stein's existing residence will remain on the larger parcel with the intention that the 10 -acre parcel will provide for the construction of a future single family residence. 6 veryihtngs Coming `['f c R osemounil! 0 100% iecyc /ee pepev Regular Planning Commission Meeting Minutes May 14, 1991 Page Two In reviewing the proposed property division, and in consideration of the current zoning and size of parcels, it has been determined by the Planning Consultant and staff that desirable street and permanent ponding and drainage easements be dedicated by the property owner in exchange for Subdivision Ordinance platting requirements. The Subdivision Ordinance also requires park dedication, whether property is divided by plat or metes and bounds, provided the resulting parcels are Tess than 20 acres in area or less than 500 feet in width. In this case, only the 10 -acre parcel is subject to the park dedication requirements. The Parks and Recreation Committee has recommended cash in lieu of land dedication. The proposed metes and bounds division is in compliance with zoning ordinance requirements pertaining to minimum lot areas and street frontages in the Agriculture District. MOTION by Hathaway to recommend to City Council approval of the Elizabeth Stein metes and bounds division of property, subject to park dedication requirements and street and drainage easement dedication. Second by Meyer. Ayes: 5. Nays: 0. Edmund Dunn, 3304 131st Street West, has submitted Rosemount Hills Fourth Addition preliminary plat for review and approval. The RR Rural Residential zoned 15.85 -acre parcel, located on the southerly border of 125th Street West between TH3 and Dodd Boulevard is proposed to be platted into three lots. Due to required easements for the extension of 125th Street to TH3, the resulting parcel consists of 13.25 acres and the three lots do not meet minimum lot area requirements for the RR Rural Residential district. Johnson advised that the easement area should not be considered in the density calculations. Each of the three lots are a little less than five acres. Therefore, Mr. Dunn has submitted an Variance Petition application for variance to minimum lot requirements in the RR Rural Residential District. The public hearing will be held by the Board of Appeals and Adjustments at the May 28, 1991 Regular Planning Commission Meeting. MOTION by Hathaway to recommend to City Council that a public hearing date be set for the Rosemount Hills Fourth Addition preliminary plat. Second by Busho. Ayes: 5. Nays: 0. Mike McDonough is considering developing a commercial recreation facility on the Sunrise Builder site, and had requested that the Planning Commission interpret the uses allowed under the site's current C -2 zoning. McDonough explained that the history of previous proposals for the site and the fact that abutting property is currently used for public recreational activity seemed to indicate that the site could be a good location for commercial recreational activity. An administrative interpretation of uses permitted in the C -2 District, however, indicated that outdoor commercial recreation is clearly excluded within that district. MOTION by Edwards to concur with the administrative interpretation that the proposed use submitted by Mike McDonough is inconsistent with Ordinance B City of Rosemount Zoning Ordinance and is, therefore, not allowed in the C -2 Community Commercial District. Second by Busho. Ayes: 5. Nays: 0. At this time, the Planning Commission acknowledged Mr. McDonough's submittal of a Petition for Zoning Text Amendment. MOTION by Gundacker to recommend to City Council that a public hearing date be set for Mike McDonough's petition for a Zoning Ordinance Text Amendment. Second by Hathaway. Ayes: 5. Nays: 0. Chairperson Hathaway recessed the Regular Planning Commission Meeting and opened the Board of Appeals and Adjustments to conduct two public hearings scheduled for 6:00 p.m. Chairperson Hathaway opened the public hearing to consider the variance petition submitted by Mark Bohlke. Regular Planning Commission Meeting Minutes May 14, 1991 Page Three The recording secretary presented for the record the Affidavit of Mailed and Posted Hearing Notice and Affidavit of Publication. Mark Bohlke, 3459 144th Street West, was present and requested a variance to rear yard setback requirements to allow construction of a 10' x 16' accessory structure to within ten feet of his rear property line. Current zoning ordinance requirements requires a 30 -foot rear yard setback for accessory structures over 120 square feet. Planning Consultant Johnson advised there are no unusual circumstances in regard to the property which would represent a hardship nor are there numerous existing exceptions within the neighborhood to justify deprivation of the property owner for use of his property as surrounding property owners. It is staff's determination that the applicant does have the option to construct a smaller structure near the property line or he may locate the proposed 160 square foot accessory structure at the required 30 -foot setback; therefore, it is the recommendation of staff to deny the variance petition on the basis that it does not comply with the five findings as stated in Section 15 of Ordinance B City of Rosemount Zoning Ordinance. Mr. Bohlke stated the proposed location is preferred due to existing yard layout and plans for a future expansion to the existing single family structure. Mr. Bohlke presented a letter signed by his immediate neighbors which stated they had no objections to the proposed location of the 160 square foot structure. The Commissioners asked several questions of the applicant and discussed the proposal regarding height and quality of the proposed building. Chairperson Hathaway closed the public hearing at 6:25 p.m. MOTION by Edwards to allow the variance as requested by Mr. Mark Bohlke to allow construction of a 160 square foot accessory structure to within ten feet of the rear yard property line at 3459 144th Street West based upon the fact that neighbors had been contacted by the applicant and they have indicated, in writing, that they do not have an exception to the location of the proposed accessory structure. Second by Gundacker. Ayes: Gundacker, Edwards, Hathaway. Nays: Meyer, Busho. Motion carried. Chairperson Hathaway opened the public hearing to consider the variance petition submitted by Steve Strese. The recording secretary presented for the record the Affidavit of Mailed and Posted Hearing Notice and Affidavit of Publication. Steve Strese, 3315 145th Street West, has submitted a petition to allow replacement of an existing garage and to maintain the existing side yard setback of five feet. The current ordinance requires ten feet setbacks. In review of existing circumstances within this neighborhood it is evident that several exceptions exist, with numerous accessory structures /garages set at five feet or less to the side yard property line. Mr. Strese has an existing concrete driveway which presently sets five feet from the side yard property line. Staff recommends approval of the variance on the basis that it meets the five required findings of the zoning ordinance. There were no other persons present for comment. Chairperson Hathaway closed the public hearing at 6:30 p.m. MOTION by Hathaway to approve the variance to side yard setback requirements, as petitioned by Steve Strese, to allow an accessory structure to be constructed at the existing five foot side yard setback because it satisfies the required findings of Section 15 of Ordinance B City of Rosemount Zoning Ordinance. Second by Meyer. Ayes: 5. Nays: 0. Regular Planning Commission Meeting Minutes May 14, 1991 Page Four Chairperson Hathaway closed the Board of Appeals and Adjustments and reopened the May 14, 1991 Regular Planning Commission Meeting at 6:35 p.m. The Commissioners discussed the potential for setting special meeting dates for a joint meeting with City Council for discussion of City policies in regard to the Comprehensive Guide Plan update. Staff will compile possible dates and present them to the Commission for consideration. Chairperson Hathaway called a short recess and reconvened the Regular Planning Commission Meeting at 7:00 p.m. for a presentation from RECOMP of Minnesota, Inc. Planning Consultant Johnson introduced Bill Healey, Vice President and Director of Marketing, and Joel Carlson, consultant, for RECOMP, Inc. who were in attendance to present information regarding a proposal for a metro composting facility they wish to locate on a 30 -acre site on the U of M Rosemount Research Center property. Administrator Stephan Jilk, several Council Members and City staff were also in attendance for the presentation. RECOMP, Inc. proposes to construct a composting facility in the City of Rosemount which would be the first large scale project targeted to compost the organic waste (primarily food waste) from selected generators in the five county metropolitan area. Organic waste generators include: grocers, schools, restaurants, hospitals, food processors and other generators with large kitchen facilities. RECOMP filed an EAW with the Metropolitan Council for the Rosemount site and a public meeting to receive testimony on the RECOMP EAW is scheduled to begin at 7:30 p.m. in the City Council Chambers of Rosemount City Hall, immediately following their presentation to City Officials and staff. Mr. Healey discussed details of the composting operation including methods for separation of organic materials, regulations for prevention of contamination and potential tons of organic waste that can be handled per day. This metro composting facility will compliment existing facilities and technologies in the metro area and promote an integrated approach of solid waste management. Mr. Healey advised that this facility would not only be compatible with the proposed Dakota County incinerator, but would be enhanced by it. MOTION by Edwards to adjourn. Second by Meyer. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 7:25 p.m. (61.4/4) Res ctfully subm' Donna Quintus Recording Secretary ily of Rosemount PHONE (612) 423 -4411 2875 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 423 -5203 Mailing Address: Vernon Napper P. O. Box 510, Rosemount, Minnesota 55068 -0510 COUNCILMEMBERS Sheila Klassen Planning Commission John Oxborough Harry Willcox REGULAR MEETING MINUTES MAY 28, 1991 Dennis Wippermann ADMINISTRATOR Stephan Jilk Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on Tuesday, May 28, 1991 at 5:00 p.m. Chairperson Hathaway called the meeting to order with members Gundacker, Edwards, Meyer and Busho present. Also present was City Planning Consultant Dean Johnson, Resource Strategies Corp. (RSC), and Cindy Carlsson, Planning Intern. MOTION by Meyer to approve the May 14, 1991 Regular Meeting Minutes as presented. Second by Gundacker. Ayes: 5. Nays: 0. The regular order of the May 28, 1991 Planning Commission was suspended to accommodate those present for action on their requests. Bill Dolan, developer, was in attendance to request final plat approval for Amber Wood Estates, a 40- acre subdivision situated at the northwesterly corner of Rosemount, south of County Road 38 and abutting the easterly boundary of the City of Apple Valley. The eight -lot subdivision, currently zoned RR Rural Residential, meets the density requirement for the district and is consistent with the Comprehensive Land Use Plan. Planning Consultant Johnson advised that previous preliminary plat approval (November, 1990) provided for a 60 -foot drainage and utility easement extending from the cul-de -sac to the southerly plat boundary. Staff's recommendation for this easement was based upon protection of this corridor for future street extension. The preservation of the corridor and the cost avoidance of future easement acquisition makes this requirement one in the public interest. Recently, it was brought to the Planning staff's attention that there is concern of the potential for trail construction within this corridor. As of this date, Planning staff is not aware of any recommendations or policies that may have been established by the Master Parks Plan Committee or adopted by City Council. Staff recommends that the issue of the proposed street easement be deferred to City Council for resolution. MOTION by Hathaway to recommend to City Council approval of the Amber Wood Estates final plat subject to: 1. Detailed engineering recommendations; 2. Cash park dedication; 3. City Council resolution of the street easement; and 4. Executed Subdivision Development Contract. Second by Edwards. Ayes: 5. Nays: 0. Ed Dunn, developer and property owner, was in attendance to request approval for Rosemount Hills Fourth Addition preliminary plat located between South Robert Trail (Highway 3) and Dodd Boulevard and south of 125th Street (County Road 38). Due to required highway easement dedication for the completion of County Road 38, the site was reduced from 15.85 acres to 13.26 acres. As a result, the proposed three -lot subdivision does not meet the minimum one per five -acre density requirement for the Rural Residential District. Mr. Dunn has submitted a Variance Petition to address this issue which will be heard by the Board of Appeals and Adjustments at a public hearing scheduled for later this same evening. n��f Svery1h.ings Coming `Lift Aosemounil! 700% recycled pipe. Regular Planning Commission Meeting Minutes May 28, 1991 Page Two MOTION by Hathaway to recommend to City Council approval of the Rosemount Hilts Fourth Addition preliminary plat subject to: 1. Approval of the minimum lot area variance petition; 2. Cash park dedication requirements; and 3. Access restrictions required by Dakota County. Second by Busho. Ayes: 5. Nays: 0. Independent School District 196 has requested a building permit for the construction of a 624 square foot accessory building proposed on the north side of the Rosemount Middle School, 3135 143rd Street West. A site plan has been submitted for Planning Commission review and approval. There are no setback or dimensional issues and the wood sided structure is proposed to be painted to match the exterior of the middle school. MOTION by Meyer to approve the site plan submitted by Independent School District 196 and authorize issuance of a building permit for the construction of a an accessory structure on Rosemount Middle School property as requested. Second by Hathaway. Ayes: 5. Nays: 0. Planning Consultant Johnson presented a Zoning Ordinance Text Amendment Petition submitted by Mike McDonough to amend the text of the Zoning Ordinance to allow commercial outdoor recreational uses in the C -2 District. Mr. McDonough is proposing a variety of potential uses which could be developed on his property over a period of time. The site is located at 14000 South Robert Trail. His immediate development interest is to construct a "go kart" track along South Robert Trail, south of Sunrise Builder Supply. Due to the seasonal nature of the use, Mr. McDonough is pursuing an expedited development review process to allow the "track" to open in June of this year. The Planning Commission expressed concern about the lack of details of the overall development and the proper procedure in which the review and recommendation should be made. The Commission concurred that the Planned Unit Development (PUD) procedure be utilized for review of this proposal and that the PUD review was preferable prior to acting upon the petition to amend the Zoning Ordinance. MOTION by Edwards recommending that this project be referred to the Planned Unit Development process for review and consideration. Second by Meyer. The Commissioners were advised that the amendment petition requires action at this time and that if the Zoning Ordinance amendment was denied, a reapplication for the same amendment could not be made for six months. Commissioners Edwards and Meyer withdrew their MOTION and Second. MOTION by Edwards to advise City Council that the Planning Commission recognizes that the commercial outdoor recreational development proposal submitted by Mike McDonough for use of his property located at 14000 South Robert Trail deserves review under the Planned Unit Development process and information submitted does not allow the Planning Commission to make recommendation at this time; therefore, the Planning Commission requests that the applicant request the City Council defer taking action on the Zoning Ordinance Text Amendment Petition until the PUD process is complete; and, further, should the applicant fail to make that request then it is the recommendation of the Planning Commission for denial of the text amendment. Second by Meyer. Ayes: 5. Nays: 0. Planning Consultant Johnson advised that the calendars for the months of June, July and August that had been distributed with their meeting packets should be turned into staff as soon as possible. Staff is attempting to determine which dates would be available for joint meetings with the City Council and Planning Commission for discussions on the revisions for the Comprehensive Guide Plan. Chairperson Hathaway recessed the Regular Planning Commission Meeting and opened the Board of Appeals and Adjustments to conduct three public hearings scheduled to begin at 6:00 p.m. Chairperson Hathaway opened the public hearing to consider the variance petition submitted by Ed Dunn regarding Rosemount Hills Fourth Addition. Regular Planning Commission Meeting Minutes May 28, 1991 Page Three The recording secretary presented for the record the Affidavit of Mailed and Posted Hearing Notice and Affidavit of Publication. As discussed earlier in the Planning Commission Meeting, the Rosemount Hills Fourth Addition preliminary plat was approved subject to approval of a variance to minimum lot area requirements in the Rural Residential District. Each of the three lots result in a net acreage of a little Tess than the required five acres due to required highway easements for the completion of County Road 38. This represents an average density of one home per 4.42 acres. It is a subjective, rather than legal, opinion that the street easement may not be calculated in the density calculation. The range of lot sizes in the immediate area are from 1/2 acre to five acres in size. Chairperson Hathaway closed the public hearing. MOTION by Hathaway to approve the Rosemount Hills fourth Addition lot area variance petition. Second by Busho. Ayes: 5. Nays: 0. Chairperson Hathaway opened the public hearing to consider the variance petition submitted by Marvin Friesen. The recording secretary presented for the record the Affidavit of Mailed and Posted Hearing Notice and Affidavit of Publication. Marvin Friesen, 3499 Upper 143rd Street West, has petitioned for a side yard setback variance to allow construction of an addition of a third stall to his existing garage. The addition would cause a setback to within 7' 6" of the side property line. The required setback is ten feet. On the basis of existing exceptions within the immediate neighborhood, staff recommends approval of the variance petition. Chairperson Hathaway closed the public hearing. MOTION by Hathaway to approve the variance petition submitted by Marvin Friesen to allow construction of a garage addition to within 7' 6" from the side yard property line at 3499 Upper 143rd Street West. Second by Edwards. Ayes: 5. Nays: 0. Chairperson Hathaway opened the public hearing to consider the variance petition submitted by Craig L. Claflin. The recording secretary presented for the record the Affidavit of Mailed and Posted Hearing Notice and Affidavit of Publication. Craig L. Claflin, 3966 147th Street West has petitioned for a variance to rear yard setback to allow construction of a raised deck to within 19 feet from the rear property line. Current ordinance requires a 30 -foot setback. Mr. Claflin's lot is irregular in shape, due to the curvilinear nature of 147th Street, with his home currently located to within 26 feet of the rear property line. Due to the extraordinary restrictions due to lot configuration it is staff's determination that sufficient hardship exists for consideration of the variance. However, upon further investigation it was discovered that this lot has a 20 -foot easement across the southerly and easterly (rear) property lines. The presence of a structure within the easement the potential exists for future consideration to vacate these easements and, therefore, staff does not recommend encroachment into the easements. Chairperson Hathaway closed the public hearing. MOTION by Hathaway to approve the variance petition as submitted by Craig Claflin to allow construction of an attached deck in the rear yard on lot 21, Block 2, Carrollton 2nd Addition provided no encroachments are permitted in the 20 -foot easement area. Second by Meyer. Ayes: 5. Nays: 0. Chairperson Hathaway closed the Board of Appeals and Adjustments and reopened the May 28, 1991 Regular Planning Commission Meeting. MOTION by Hathaway 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. Res ectfully sub Donna Quintus icy o g osemoun1 PHONE (612) 423 -4411 2875 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 423 -5203 Mailing Address: Vernon Napper P. O. Box 510, Rosemount, Minnesota 55068 -0510 COUNCILMEMBERS Sheila Klassen Planning Commission John Oxborough Harry Willcox Dennis Wippermann REGULAR MEETING MINUTES JUNE 11, 1991 ADMINISTRATOR Stephan Jilk Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on Tuesday, June 11, 1991 at 5:00 p.m. Chairperson Hathaway called the meeting to order with members Gundacker, Edwards, Meyer and Busho present. Also present was Director of Planning Lisa Freese; Planning Consultant Dean Johnson, Resource Strategies Corp. (RSC); and Planning Assistant Cindy Carlsson. MOTION by Edwards to approve the May 28, 1991 Regular Meeting Minutes as presented. Second by Meyer. Ayes: 5. Nays: 0. Planning Consultant Johnson introduced new Director of Planning Lisa Freese to the Commission who welcomed her and congratulated her on her employment with the City. Fred Hoisington, consultant, was in attendance for continued review of the proposed Policies and Objectives for the revised Comprehensive Guide Plan. Discussion focused on suggested objectives and policies for industrial and conservancy land use districts; of economic development; transportation, including major arterial and local street guidelines and standards and continued public transit uses and regulation; strategies for replacement and expansion of existing public facilities and services; and guidelines for other public facilities and services. Chairperson Hathaway recessed the Regular Planning Commission Meeting and opened the Board of Appeals and Adjustments to conduct a public hearing scheduled to begin at 6:00 p.m. Chairperson Hathaway opened the public hearing to consider the variance petition submitted by Thomas J. Schiltz. The recording secretary presented for the record the Affidavit of Mailed and Posted Hearing Notice and Affidavit of Publication. Thomas Schiltz, 14926 Canada Avenue, was present to request a variance to construct an 864 square foot detached garage to within five feet of his side yard property line. The required setback for the R- 1 District is ten feet. Due to the position of the existing home and lot configuration, alternatives suggested for accessory structure placement appear to be Tess desirable for both the applicant and abutting property owner. Director of Planning Lisa Freese advised that several exceptions exist within this subdivision due to construction completed under the former five -foot ordinance requirement. This proposal is in compliance with all other ordinance requirements. There were no comments from the audience. Chairperson Hathaway closed the public hearing. MOTION by Hathaway to approve the variance petition as submitted by Thomas J. Schiltz because it meets the requirements of Section 15.2 of Ordinance B City of Rosemount Zoning Ordinance. Second by Meyer. Ayes: 5. Nays: 0. Chairperson Hathaway closed the Board of Appeals and Adjustments and reconvened the June 11, 1991 Regular Planning Commission Meeting. 6veri coming n Xi cRosemouni!! 0 Regular Planning Commission Meeting Minutes June 11, 1991 Page Two 0 Planning staff advised that the City Council has directed that the City proceed with the formal local review process of the petitions submitted by USPCI to amend the City's comprehensive guide plan to allow construction of a Minnesota Industrial Containment Facility (MICF) on the USPCI property in eastern Rosemount. Processing of the amendments will require a public hearing to be held by City Council. MOTION by Hathaway to recommend that City Council schedule a public hearing to consider the petitions by USPCI to amend the guide plan. Second by Meyer. Ayes: 5. Nays: 0. Consultant Dean Johnson, RSC, presented an overview of Planning Commission recommendation to defer action on Mike McDonough's petition to amend the Zoning Ordinance to allow outdoor commercial recreation uses in the C -2 District. It was further recommended by the Planning Commission that analysis of the Dakota Trax Concept be reviewed under the Planned Unit Development (PUD) process. Mr. McDonough's proposal to develop an outdoor commercial recreation center on his property located at 14000 South Robert Trail, where he currently owns and operates a lumber supply retail business, was referred back to the Commission by City Council. In response to Mr. McDonough's request to be allowed to open the go kart portion of his proposal by June, 1991, the City Council, at their June 4th Regular Meeting, requested the Planning Commission to "fast track" the review process as soon as possible to allow for the go kart track phase only and to include recommendations on issues such as hours of operation, lighting, noise, etc. and conditions and that these be addressed by means of a development contract agreement. Mike McDonough presented details such as parking alignment, access to site and lighting proposed for the go kart phase of his proposed recreational development. The Planning Commission discussed the lack of detailed information regarding pedestrian /traffic safety studies; landscape plan; security for the site, as well as the abutting St. Joseph's Catholic Cemetery; crowd control strategy; and impact on all abutting and nearby properties. The Commission concurred that comments should be solicited from the police department and Independent School District 196 for analyzing impacts. Scott Rynerson, Cameo Avenue, and Joe Walsh, 3050 Lower 147th Street West, were in the audience and addressed the Commission of concerns regarding the following: noise; proximity of site to a cemetery; environmental impact on "uses" surrounding this site; pollution; traffic issues; ingress /egress to the site; site screening; transference of gasoline as a fire hazard; and handling of garbage and debris typical of this type of use. Mr. Walsh also discussed his concern with the change in uses in the C -2 District and how this may impact other C -2 Districts. Karen Schuller, Biscayne Avenue, stated she was impressed with the sincerity of the proposer of the development, but noted her major concern was for that of noise levels. The Planning Commission concurred that there were too many unanswered questions with limited details. MOTION by Edwards that, due to inadequate information provided in the original plan submitted by the applicant, this plan be denied for lack of detailed information. Second by Meyer. Ayes: 5. Nays: 0. MOTION by Edwards that the applicant's request for an ordinance amendment be denied. Second by Meyer. Ayes: 5. Nays: 0. MOTION by Hathaway to adjourn. Second by Meyer. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 7:35 p.m. R ctfully sub D onna Quintus Recording Secret ry ily of osemoun1 *PHONE (612) 423 -4411 2875 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 423 -5203 Mailing Address: Vernon Napper P. O. Box 510, Rosemount, Minnesota 55068 -0510 COUNCILMEMBERS Sheila Klassen Planning Commission John Oxborough Harry Willcox REGULAR MEETING MINUTES JUNE 25, 1991 Dennis Wippermann ADMINISTRATOR Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was dul i on Tuesday, June 25, 1991 at 5:00 p.m. Acting Chairman Meyer called the meeting to order with members Gundacker, Edwards, and Busho present. Also present was Director of Planning Lisa Freese; City Attorney Eric Short and Planning Consultant Dean Johnson from Resource Strategies Corp. MOTION by Edwards to approve the June 11, 1991 Regular Planning Commission Meeting Minutes as presented. Second by Gundacker. Ayes: 4. Nays: 0. The order of the agenda was amended at this time. Planning Director Lisa Freese advised the Commission that the City has received a submittal from Koch Refining Company for a spent bauxite disposal facility. Staff has reviewed the permitting of this project to be located at 13155 Courthouse Boulevard. Freese stated that the concerns relating to waste management issues have been addressed. Staff has suggested that this disposal facility could be allowed in the General Industrial Zoning District under an Interim Use Permit procedure via a text amendment to the Zoning Ordinance. MOTION by Meyer to recommend that the City Council set a public hearing to consider the petition by Koch Refining to amend the Zoning Ordinance to permit spent bauxite facilities. Second by Edwards. Ayes: 4. Nays: 0. Planning Consultant Dean Johnson discussed the USPCI, Inc. petition to amend the comprehensive guide plan which would accommodate their proposed non hazardous industrial waste containment facility. The proposed amendments to the guide plan would be reviewed by Metropolitan Council as "major amendments" and include the following changes for consideration: 1) creation of a "Waste Management" land use element in the guide plan; 2) redesignation of the land uses within the Minnesota Industrial Containment Facility (MICF) site from General Industrial and Agricultural to Waste Management; and 3) creation of a non contiguous, freestanding Metropolitan Urban Service Area (MUSA) to provide wastewater treatment capacity to the facility. Bob Pulford, consultant for USPCI, was present in the audience to answer any questions the Commission had of the USPCI proposed guide plan amendment /rezoning petitions. MOTION by Edwards to recommend that the City Council refer to the Metropolitan Council the review of the amendments to the City of Rosemount Comprehensive Guide Plan that include the establishment of a Waste Management Land Use Plan, the land use redesignation from General Industrial and Agricultural to Waste Management for the 236 acre MICF site and the establishment of a Metropolitan Urban Service Area for the MICF site. Second by Gundacker. It was the concern of the Commission that given Met Council approval for the project, that the project be processed without any further delays. Commission concurred that reviews of the project could be combined during one Planning Commission session. Vote on motion. Ayes: Gundacker, Edwards, Meyer. Nays: Busho. Motion carried Director Freese apprised the Commission of Bituminous Roadway's application for a mineral extraction permit on the Otto Ped property. The Zoning Ordinance has been amended to allow Sand and Gravel Mining by permit in the Agricultural zoned property situated east of State Truck Highway 52. Mr: Ped's property has been rezoned from Agricultural Preserve District to Agriculture District. 6 verylhings Conning (1 41 osemounl.. 0,00% rec ,eo Y� pope( Regular Planning Commission Meeting Minutes June 25, 1991 Page Two City staff has reviewed the application and determined that it meets the requirements of Section 14.8 of the Zoning Ordinance. Conditions for the mineral extraction permit were presented to the Commission. It was the concern of Commissioner Busho that adequate top soil remain on the property after reclamation. Palmer Peterson of Bituminous Roadways indicated that four inches of top soil is normal. Given the amount of top soil currently present on the property, Mr. Peterson indicated that the top soil would be adequate to maintain a minimum depth of four inches on the entire site. MOTION by Gundacker to recommend approval of the mineral extraction permit subject to the conditions as listed on the permit conditions with modification to item Q to read as follows: 'Reclamation requires the replacement of the entire stockpile of topsoil to the mined area, reseeding and mulching necessary to re- establish vegetative cover for permanent slope stabilization and erosion control, provided also that the topsoil shall be spread evenly on the site with minimum depth being no less than four inches after reclamation." Second by Edwards. Ayes: 4. Nays: 0. MOTION by Meyer to adjourn. Second by Edwards. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 5:58 p.m. Respectfully submitted, Maryann Stoffel Recording Secretary 4111 ily of osemouni PHONE (612) 423 -4411 2875 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 423 -5203 Mailing Address: Vernon Napper P. O. Box 510, Rosemount, Minnesota 55068 -0510 COUNCILMEMBERS Sheila Klassen Planning Commission John Oxborough Harry Willcox Dennis Wippermann REGULAR MEETING MINUTES JULY 9 1991 ADMINISTRATOR Stephan Jilk Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on Tuesday, July 9, 1991 at 5:00 p.m. Acting Chairperson Meyer called the meeting to order with members Gundacker, Edwards and Busho present. Also present was Director of Planning Lisa Freese; Planning Consultant Dean Johnson, Resource Strategies Corp. (RSC); Planning Assistant Cindy Carlsson and Councilmember Wippermann. The July 9, 1991 Planning Commission Agenda was amended to include: Item 4(b) Jaycee Park Metes and Bounds Lot Division. Planning Director Lisa Freese advised that a Public Hearing regarding a variance has been submitted to Planning staff with the potential for a public hearing to be scheduled at the next regular Planning Commission Meeting on July 23, 1991. Also, Fred Hoisington, Hoisington Group, Inc., is scheduled to give a presentation on the revised Comprehensive Guide Plan Goals and Policies at that same meeting. Ms. Freese requested verification for attendance at the next meeting to attain a quorum. Commissioner Gundacker stated he would not be present at the next meeting and Commissioner Busho would contact staff as to the status of her attendance at that meeting. Planning Director Freese also reminded the Commission of a Special Council Meeting scheduled for July 30, 1991 to allow the Council to meet collectively with the Planning Commission, EDA Board, Utilities Commission and Parks and Recreation Committee for joint discussion and direction regarding the revisions to the Comprehensive Guide Plan. Planning Director Lisa Freese reviewed a petition from Koch Refining, Inc. to amend the City of Rosemount Zoning Ordinance to permit a Spent Bauxite Facility on their property in the form of an Interim Use Permit. The facility is proposed to be located on property owned by Koch Refining on the south side of Highway 55, east of Highway 52. The site is zoned industrial and is part of the refinery's Sulfuric Acid Unit. Spent bauxite is a non- hazardous material which is generated from the alum manufacturing process. Planning staff recognizes that the proposed facility will be used exclusively for spent bauxite waste generated within the boundaries of Koch Refining Co. property and will not be accepting waste from other generators. However, Planning staff is also aware of the importance for the City to regulate such activities in the interest of the community's health and safety. The current Zoning Ordinance restricts similar facilities to those properties located within the Waste Management District as an interim use. Ms. Freese reviewed a proposed Zoning Ordinance text amendment which would establish criteria and provide a process for City regulation of spent bauxite disposal activities as an accessory use within the IG General Industrial zoning district. Planning Consultant Dean Johnson, RSC, advised that a disposal facility currently exists on the Koch Refining property and has reached capacity. It was established prior to the current Zoning Ordinance with no regulations or restrictions applied by the City. He noted that the proposed facility would be considered an accessory use to the principal use of the existing IG General Industrial zoning of the property 6 verylhing s Conning CUP CJ osemounL!! L roovacrieecNe. Regular Planning Commission Meeting Minutes July 9, 1991 Page Two Planning staff recommends that the concept of allowing a spent bauxite disposal facility in the IG General Industrial District, as an accessory use, be studied further and that it be determined that proper regulation of an on -site waste disposal system can be ensured. Tony Foreman, Koch Refining Company representative, was present and answered several specific questions regarding waste management alternatives, capacity, environmental impacts, operation and the possibility for economic benefits for the City. Councilmember Wippermann inquired whether the proposed text amendments provided for host community fees for such facilities. Dean Johnson replied that the standards of the permit could require such a fee. Koch Refining's position on the specific guidelines proposed by Planning staff was also discussed. MOTION by Edwards to recommend that the City Council consider the concept of allowing a spent bauxite disposal facility as an accessory use via interim use permit and to recommend that the City Council establish a dialogue with Koch Refining Company to determine whether or not the interim use permit issues /requirements can be resolved as proposed by Planning staff prior to taking final action on a zoning ordinance text amendment. Second by Meyer. Ayes: 4. Nays: 0. Dean Johnson, RSC, provided the Commission with a background regarding the acquisition of property for the purpose of park land dedication in Section 31. Land, in lieu of cash, was previously negotiated by the City from both Wensmann Additions and West Ridge Addition as part of their respective PUD Agreements. The properties are contiguous and will be combined and known as Jaycee Park. Due to default by the developers of West Ridge Addition, their land contribution of 8.3 III acres to the City for park land was not executed. As directed by City Council, staff has negotiated an agreement with the property owner for purchase of the remaining Jaycee Park site. The Planning Commission is being asked to approve a lot division by metes and bounds description to allow recording of the property by Dakota County. The proposed lot division is consistent with minimum zoning and subdivision ordinance requirements. MOTION by Gundacker to approve a division of property by metes and bounds description in Section 31 for City acquisition to be identified as a portion of Jaycee Park. Second by Edwards. Ayes: 4. Nays: 0. MOTION by Edwards to approve the June 25, 1991 Regular Meeting Minutes as presented. Second by Meyer. Ayes: 4. Nays: 0. Acting Chairperson Meyer recessed the Regular Planning Commission Meeting and opened the Board of Appeals and Adjustments to conduct a public hearing scheduled to begin at 6:00 p.m. Acting Chairperson Meyer opened the public hearing to consider the variance petition submitted by Larry Bridger. The recording secretary presented for the record the Affidavit of Mailed and Posted Hearing Notice and Affidavit of Publication. Larry Bridger, 12600 South Robert Trail, was present to request variance to rear yard setback requirements in the RR Rural Residential District to allow construction of a 20' x 22' accessory garage to within ten feet of his rear property line. This represents a 20 -foot variance to the required 30 -foot rear yard ordinance requirement. In addition, Mr. Bridger is requesting a variance from the "comparable exterior treatment" requirement of the Zoning Ordinance to allow the accessory structure to resemble an "old fashioned" red barn. Regular Planning Commission Meeting Minutes July 9, 1991 Page Three Director of Planning Lisa Freese advised the Board that Mr. Bridger's lot is smaller than the minimum 5 -acre lot size for the RR District and it is more difficult to situate an accessory structure on this property and meet the setbacks for the District. Therefore, Planning staff acknowledges that a variance may be warranted in this case. However, upon further investigation it has been determined that a private septic system and drainfield are located in Mr. Bridger's rear yard. Public Works Director /Building Official Ron Wasmund advised that state and local regulations prohibit vehicular travel over these systems. Consistent vehicle /equipment movement over the system will inevitably impact the system and cause it to fail. Configuration of the structure on the lot and alignment of the overhead garage door would encourage traffic over this system and; therefore, represents a threat to the private system. Mr. Bridger stated this accessory structure would be used for storage of personal equipment that is currently stored outside. He stated he preferred the location he has proposed and had not considered an alternate location at this time. There were no comments from the audience. Acting Chairperson Meyer closed the public hearing. MOTION by Edwards to deny the variance petition of Larry Bridger for both the rear yard setback and exterior treatment requirements because it does not meet the required findings of Section 15.2 of the Zoning Ordinance. Second by Gundacker. Ayes: 4. Nays: 0. Petition denied. The applicant was advised that he may appeal the Board's decision to City Council or he may submit a new application for an alternate more favorable site. Acting Chairperson Meyer closed the Board of Appeals and Adjustments and reconvened the July 9, 1991 Regular Planning Commission Meeting. MOTION by Gundacker to adjourn. Second by Edwards. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 7:35 p.m. Res ctfully subm' Donna Quintus Recording Secretary ily of osemouni .PHONE (612) 423 -4411 2875 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 423 -5203 Mailing Address: Vernon Mapper P. O. Box 510, Rosemount, Minnesota 55068 -0510 COUNCILMEMBERS Sheila Klassen Planning Commission John Oxborough Harry Willcox Dennis Wippermann REGULAR MEETING MINUTES JULY 23, 1991 ADMINISTRATOR Stephan Jilk Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on Tuesday, July 23, 1991 at 5:00 p.m. Chairperson Hathaway called the meeting to order with members Gundacker, Edwards, Meyer, and Busho present. Also present was Director of Planning Lisa Freese, Planning Assistant Cindy Carlsson, City Attorney Eric Short, and Council members Klassen and Oxborough. MOTION By Meyer to approve the July 9, 1991 Regular Planning Commission Meeting Minutes as presented. Second by Busho. Ayes: Nays: 0. An additional item was added to the agenda as item 5a St. John's Lutheran Church Rezoning Petition. Copies of the land use concept plan and draft policies and objectives were distributed to members. Planning Director Freese advised members that these will form the basis for discussion at the July 30 joint meeting with City Council, EDA, Parks and Recreation Committee, and the Utilities Commission. Ms. Freese also presented a list of issues to be discussed at that meeting. Issues mentioned included the alignment of Trunk Highway 3, commercial development, the corridor around the intersection of County Road 42 and Highway 52, rural residential development, and the designation of a waste management district. Busho recommended that discussion should also include plans for property owned by Koch Refining and the University of Minnesota. Planning Director Freese presented an overview of the Metropolitan Council's draft amendments regarding the rural service area. Planning Commission members requested that further discussion of this item, particularly as regards the Rural Residential District, be held at the July 30 joint meeting. As part of the Director's Report, Ms. Freese updated the Planning Commission on the status of the trip being planned by RECOMP. Planning Director Freese also updated the Commission on the status of USPCI's amendment before the Metropolitan Council. The final item was an overview of Lakeville's moratorium on new plats. Ms. Freese advised that the Commission may want to monitor further developments on this issue. The Mississippi River Corridor Ordinance was presented to the Commission. Planning Assistant Carlsson provided a brief overview of the purpose and status of this ordinance, and informed the Commission the ordinance will be brought before the City Council as was previously recommended. The Planning Commission accepted a rezoning petition submitted by St. John's Lutheran Church. Planning Director Freese explained that the church is requesting that the parsonage be rezoned from R -1 single family residential to PUB public or quasi public, as the church would like to use the parsonage to accommodate a variety of non residential activities. MOTION by Hathaway to recommend that the City Council set a public hearing for the rezoning petition. Second by Gundacker. cS verylkings Coming C24 ciRosemounl!! 0 ICAO Wed ecvc paver Regular Planning Commission Meeting Minutes July 23, 1991 Page Two 111 Further discussion was held regarding the language to be drafted and the types of services to be provided by the church. Voting fonowed. Ayes: 5. Nays: 0. The Public Hearing was cancelled due to an earlier determination that the applicant was not in need of a variance. Planning Director Freese initiated a discussion of the Zoning Ordinance and setback requirements as regards decks and balconies. MOTION by Meyer to direct staff to draft an amendment to the Zoning Ordinance that addresses the issue of setback restrictions for decks. Second by Edwards. Ayes: 5. Nays 0. MOTION by Edwards to cancel the public hearing on the Traffie variance. Second by Meyer. Ayes: 5. Nays: 0. MOTION by Meyer to adjourn. Second by Edwards. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned. Ayes: 5. Nays: O. Res ctfully submitt i0v Donna Quintus Recording Secretary ily of Rosemount PHONE (612) 423 -4411 2875 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 423 -5203 Mailing Address: Vernon Napper P. O. Box 510, Rosemount, Minnesota 55068 -0510 COUNCILMEMBERS Sheila Klassen Planning Commission John Oxborough Harry Willcox Regular Meeting Minutes August 13, 1991 Dennis Wippermann ADMINISTRATOR Stephan Jilk Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, August 13, 1991 at 5:00 pm. Chairperson Hathaway called the meeting to order with members Meyer and Gundacker present. Also present were Director of Planning Lisa Freese, Planning Assistant Cindy Carlsson, and Council Member Oxborough. MOTION by Meyer to approve the July 23, 1991 Regular Planning Commission Meeting Minutes as presented. Second by Gundacker. Ayes: 3. Nays: 0. The Director's Announcements included an update on scheduling for the RECOMP tour and a notification that USPCI's petition for a Comprehensive Guide Plan Amendment will come before the Commission at the next Regular Planning Commission Meeting. Director of Planning Freese also led discussion of current procedures for accepting rezoning petitions. It is not legally required that the Planning Commission formally accept a petition and request that the City Council set a public hearing prior to the Planning Commission's making a recommendation to the Council. Eliminating this step would streamline the process for applicants seeking a re- zoning. The Planning Commission agreed that eliminating this procedure would be in the best interests of the Commission and applicants. Director of Planning Freese presented the final plat and conditions of approval for Rosemount Hills Fourth Addition, noting that the Dakota County Plat Commission approved access to County Road 38 for Lots 2 and 3. Discussion ensued over the proposed payment in lieu of the assessment due for County Road 38, with Ms. Freese outlining the history that led to the recommendation. MOTION by Hathaway to recommend approval of the final plat subject to: 1. Cash park dedication requirements; 2. Access restrictions per Dakota County and as shown on the final plat; 3. Cash contribution of $1,818.87 in lieu of an assessment unit for County Road 38. Second by Meyer. Ayes: 3. Nays: 0. St. John's Lutheran Church Parsonage Rezoning was the next item of business. Director of Planning Freese outlined the church's proposal and the reasons staff recommended denial of the rezoning. Concerns centered around the future uses that could be made of the property once it was rezoned, lack of adequate parking on the site, and the fact that this rezoning was not a logical extension of the public and institutional land uses to the north and east. Comments from the audience, both in favor of and in opposition to the proposal, were heard. MOTION Hathaway to recommend that the City Council deny the Rezoning Petition for the parsonage of St. John's Lutheran Church. Second by Gundacker. Ayes: 3. Nays: 0. Director of Planning Freese presented a request by Rosemount Woods for an addendum to their Planned Unit Development Agreement. This would change setback requirements to allow 16'x 80' homes in the park. All utilities in the development are owned by Rosemount Woods and are located very near the rear yard property line. Planning staff recommended allowing a 5' rear yard setback and maintaining the current 15' front yard setback for the 16'x 80' homes. Discussion focused on the impact of a 5' rear yard setback on 16'x 80' homes with abutting rear lots. 6ver Coming C g?osemounl.. mev ,cycled Regular Planning Commission Meeting August 13, 1991 Page Two MOTION by Gundacker to amend the Planned Unit Development Agreement for Rosemount Woods to allow a 5' rear yard setback for 16'x 80' manufactured homes if installed in the park, but prohibiting placement of 16'x 80' homes on back to back adjoining Tots. Second by Meyer. Ayes: 3. Nays: 0. Background information was provided by Ms. Freese updating the Commission on the Sowles Property Rezoning petition and lot division requested by Mr. Ed Dunn. MOTION by Hathaway to recommend acceptance of the petition and that the City Council set a public hearing. Second by Gundacker. Ayes: 3. Nays: 0. MOTION by Hathaway to Adjourn. Second by Meyer. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 6:00 p.m. Res., ctfully sub Donna Quintus Recording Secretary ily of osemouni PHONE (612) 423 -4411 2875 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 423 -5203 Mailing Address: Vernon Napper P. O. Box 510, Rosemount, Minnesota 55068 -0510 COUNCILMEMBERS Sheila Klassen Planning Commission John Oxborough Harry Willcox Dennis Wippermann Regular Meeting Minutes August 27, 1991 ADMINISTRATOR Stephan Jilk Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, August 27, 1991 at 5:00 p.m. Chairperson Hathaway called the meeting to order with members Edwards, Meyer and Busho present. Also present were Director of Planning Lisa Freese and Planning Consultant Dean Johnson, Resource Strategies Corporation. MOTION by Meyer to approve the August 13, 1991 Regular Planning Commission Meeting Minutes as presented. Second by Edwards. Ayes: 4. Nays: 0. The Director's Announcements included an update of the RECOMP tour scheduled for September 12 and 13 with Commissioners Hathaway and Busho representing the Planning Commission. Director of Planning Freese also advised that various City staff are continuing to meet with Koch Refining Company regarding their proposed on -site spent bauxite facility. It is anticipated that Koch representatives will have prepared an application for a Grading Permit for Planning Commission action at the next Regular Planning Commission Meeting. Director of Planning Lisa Freese discussed the background and recent events regarding USPCI's petition for a Comprehensive Guide Plan Amendment which would permit USPCI to construct a non- e hazardous waste containment facility. The facility is proposed to be situated on a 236 -acre parcel in the Pine Bend industrial area. Planning Director Freese outlined the various aspects relating to this comp plan amendment. Planning Consultant Dean Johnson advised that, at its August 8, 1991 meeting, the Metropolitan Council approved the petition for a Comprehensive Guide Plan Amendment as submitted. Mr. Johnson further noted that Met Council approved the inclusion of the entire 236 -acre USPCI property within the MUSA. Planning staff is also requesting approval of a revised Sewer Plan to reflect the new MUSA boundaries, approved by the Metropolitan Waste Control Commission (MWCC), which includes calculations for the amount of wastewater flows to be generated by the facility. Director of Planning Freese reminded the Commission that the guide plan amendment was forwarded to the Metropolitan Council without Planning Commission and City Council action. Planning staff recommends formal action to approve the amendment to the Rosemount Comprehensive Guide Plan and Sewer Plan as presented. MOTION by Edwards to recommend to City Council approval of a revised Sewer Plan Map of the Rosemount Comprehensive Guide Plan as presented by staff. Second by Meyer. Ayes: 4. Nays: 0. MOTION by Edwards to approve an amendment to the Rosemount Comprehensive Guide Plan that establishes the following: 1) creation of a "Waste Management" land use element in the plan; 2) redesignation of the land uses within the Minnesota Industrial Containment Facility (MICF) site from General Industrial and Agricultural to Waste Management; 6 verylhing s Coming )41. osemounl!! 0 100% fecvc,ed vve1 Regular Planning Commission Meeting Minutes August 27, 1991 Page Two 3) creation of a non contiguous freestanding Metropolitan Urban Service Area (MUSA) to provide wastewater treatment capacity to the containment facility; and 4) a revision to the Comprehensive Sewer Plan to reflect the flows generated by the containment facility. Second by Busho. Ayes: 4. Nays: 0. Sowles Properties Limited has a purchase agreement to acquire property owned by Ed Dunn and located west of STH 52, between CR 38 and CR 42. They have submitted an application for a metes and bounds lot division of the 55 -acre parcel to split off a ten -acre tract of land situated in the northwest portion of the property for use as a storage yard for tower cranes. Planning Director Freese discussed Planning staff concerns regarding the survey and lot descriptions. In addition to the request for a lot division, Sowles Property Ltd. has submitted a petition to the City for a rezoning of the proposed ten -acre parcel from AG Agriculture to IG General Industrial to permit the use of the property as their storage yard. The City and Metropolitan Council previously approved a Comprehensive Guide Plan Amendment to redesignate land use for the proposed ten -acre parcel from Agricultural to Industrial. Planning staff recommends approval of both the metes and bounds lot division and rezoning of the ten -acre parcel. This request is consistent with minimum ordinance requirements and the comprehensive guide plan. MOTION by Hathaway to recommend approval of a metes and bounds lot division, as petitioned by Sowles Properties Ltd., subject to a corrected survey and legal description for both lots and, further, subject to the following: 1) cash park dedication, in lieu of land, for the ten -acre parcel; 2) access to the ten -acre parcel be provided through the road easement; 3) Public Works Department request for the road easement to be graded by the property owner and gravel surface be installed the length of the ten -acre parcel; and 4) no further parcels be divided from the remnant parcel without going through platting and /or Planned Unit Development process. Second by Meyer. Ayes: 4. Nays: 0. MOTION by Hathaway to recommend approval of a rezoning of the Sowles Properties Ltd. request to rezone the ten -acre parcel of subject property from AG Agriculture to IG General Industry. Second by Busho. Ayes: 4. Nays: 0. Chairperson Hathaway recessed the Regular Planning Commission Meeting and opened the Board of Appeals and Adjustments at 5:30 p.m. to conduct the public hearings scheduled for this time. Chairperson Hathaway opened the public hearing to receive input on the Variance Petition submitted by Ron Miller. The recording secretary had in her possession Affidavits of Publication and Mailed and Posted Hearing Notice. Mr. Ron Miller, 4050 152nd Court West, has petitioned the City to grant a variance to side yard setback requirements to allow construction of an attached deck to within 5 -w feet of his side yard property line. The Zoning Ordinance requires ten feet side yard setbacks in the R -1 District. Director of Planning Lisa Freese advised that Mr. Miller has already constructed the deck without benefit of a building permit. Ms. Freese indicated that the contractor for the existing home installed a bay projection with a patio door and a modest deck at this side yard location which met setback requirements. While it is unfortunate that the developer designed the home for a side deck, had a building permit been sought before construction the side yard violation would have been detected Regular Planning Commission Meeting Minutes August 27, 1991 Page Three before construction and a more acceptable modified deck configuration could have been achieved. On the basis that other adequate deck designs could have been approved within Zoning Ordinance compliance, Planning staff recommends denial of the Ron Miller Variance Petition. Mr. Ron Miller was present and discussed the inadequacy of the original 8' x 10' deck, noting that the combination of the small deck and bay window rendered the deck unusable. Mr. Miller stated that the original deck was inadequate in size and replaced with a more sufficient deck. It was Mr. Miller's opinion that the existing deck was more aesthetically pleasing and an enhancement to both the neighborhood and his property. He stated that several homes in this neighborhood had similar situations and cited he has observed many homes in the City that are not in compliance with the side yard setback. There were no other comments from the audience and Chairperson Hathaway closed the public hearing for Ron Miller. MOTION by Hathaway to deny the variance petition of Mr. Ron Miller because it does not meet the requirements of Section 15.2 of the Zoning Ordinance. Second by Edwards. Ayes: 4. Nays: 0. Chairperson Hathaway opened the public hearing to receive input on the Variance Petition submitted by Andrew R. Traffie. The recording secretary had in her possession Affidavits of Publication and Mailed and Posted Hearing Notice. Director of Planning Lisa Freese advised that Mr. Andrew Traffie, 4075 152nd Court West, has petitioned the City to construct a deck on his home to within seven feet of his side yard property line. This request is similar in nature to the previous variance request in that the contractor installed a III patio door into a bay projection to the side of the home; however, there are several issues differentiating the two requests. Mr. Traffie is proposing a two -level deck of which the smaller top level deck encroaches into the required side yard by three feet. This portion of the deck is a 9' wide by 12' long landing which serves as a transition to the main deck situated at the ground level in the rear yard. Due to placement of the home on the lot, if the landing were to be constructed within the required setback, it would not meet minimum building code standards for stair landings. With the landing in the side yard with the main focus of entertainment in the rear yard, encroachment into the side yard would have only a minor effect on the adjacent property. Planning Staff recommends approval of the Andrew Traffie Variance Petition. There were no comments from the audience and Chairperson Hathaway closed the public hearing for Andrew Traffie. MOTION by Hathaway to approve the variance petition of Andrew Traffie because it meets the intent of requirements in Section 15.2 of the Zoning Ordinance. Second by Edwards. Commissioner Edwards commended Mr. Traffie for his effort to create a more suitable deck design, in an unsuitable situation created by the developer, in agreeing to construct an alternative deck design in an attempt to meet minimum ordinance requirements. Vote on the Motion: Ayes: 4. Nays: 0. Chairperson Hathaway opened the public hearing to receive input on the Variance Petition submitted by Genz -Ryan Plumbing and Heating. The recording secretary had in her possession Affidavits of Publication and Mailed and Posted Hearing Notice. Genz Ryan Plumbing and Heating, 14745 South Robert Trail, has submitted a petition to erect a six foot high chain link fence with an additional three strands of barbed wire above the chain link portion Regular Planning Commission Meeting Minutes August 27, 1991 Page Four in this C -2 Community Commercial District. The Zoning Ordinance allows six -foot high fences in all districts; and the addition of the three strands of barbed wire would exceed the six -foot maximum. The property owners propose to install the fence on a portion of their property south of the warehouse for the purpose of security for overnight parking of service and installation company vehicles. Leland Knutson, representing the applicant, advised that the present ordinance implies that a five foot high chain link fence could be installed with three strands of barbed wire for an overall height of six feet. Mr. Knutson stated that this would be a dangerous situation, with a high liability for the property owner and the City. He further stated that Genz -Ryan has expressed a willingness to provide an affidavit of insurance that will provide assurance that coverage for their liability will be maintained. Mr. Knutson also cited several examples of locations within the City where recent installations of six -foot fences with barbed wire on top have occurred, similar to the Genz -Ryan request. Planning Director Freese advised that, in her analysis of the variance request, she had observed a variety of unfinished materials in the subject storage area. The C -2 District does not permit outdoor storage of unfinished products or materials. The applicant may store vehicles and finished products for retail sale. The applicant's need to secure vehicles is no different than other businesses in the C- 2 District. It is Planning staff's opinion that the barbed wire is unnecessary and given the fact that the property abuts residential properties to the west, the use of barbed wire is inappropriate. There were no comments from the audience and Chairperson Hathaway closed the public hearing for the Genz -Ryan variance request. MOTION by Hathaway to deny the variance petition of Genz -Ryan Plumbing and Heating because it does not meet the requirements of Section 15.2 of the Zoning Ordinance. Second by Busho. Ayes: Edwards, Hathaway, Busho. Nays: Meyer. Motion passed. Chairperson Hathaway opened the public hearing to receive input on the Variance Petition submitted by Wesley Pegors. The recording secretary had in her possession Affidavits of Publication and Mailed and Posted Hearing Notice. Wesley Pegors, 3125 Lower 147th Street, has petitioned the City to allow replacement of an existing single family dwelling with new construction to within two feet of the side yard property line and 30 feet of the front yard property line. The established front yard setback for this neighborhood is 37 feet. The property in question does exhibit a hardship in that it is only 50 feet wide which may warrant a variance. However, after discussion of the several obstacles regarding neighborhood aesthetics, as well as building code specifications, of the proposed siting of the home, Mr. Pegors requested his Variance Petition Application be withdrawn so as to examine alternative placement for a new home. The Board was in consensus to permit Mr. Pegors to withdraw his request at this time. Chairperson Hathaway closed the public hearing. Chairperson Hathaway closed the Board of Appeals and Adjustments and reconvened the Regular Planning Commission Meeting at 6:25 p.m. MOTION by Hathaway to Adjourn. Second by Edwards. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 6:25 p.m. R -ctfully sus itt 4 sob Donna Quintus Recording Secr- ry ily of Rosemount *PHONE (612) 423 -4411 2875 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 423 -5203 Mailing Address: Vernon Napper P. O. Box 510, Rosemount, Minnesota 55068 -0510 COUNCILMEMBERS Sheila Klassen Planning Commission John Oxborough Harry Willcox Regular Meeting Minutes September 10, 1991 Dennis Wippermann ADMINISTRATOR Stephan Jilk Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, September 10, 1991 at 5:00 p.m. Chairperson Hathaway called the meeting to order with members Gundacker, Edwards, Meyer and Busho present. Also present was Director of Planning Lisa Freese and Public Works Director /Building Official Ron Wasmund. MOTION by Edwards to approve the August 27, 1991 Regular Planning Commission Meeting Minutes as presented. Second by Meyer. Ayes: 5. Nays: 0. Director of Planning Lisa Freese reminded the Commission of the RECOMP tour on Thursday and Friday of this week. Commissioners Hathaway and Busho will be representing the Planning Commission. The Commission's attention was directed to their copy of the Comprehensive Park Plan and Development Guide, which had been distributed in their meeting packets. The park plan and guidelines will be incorporated into the Rosemount Comprehensive Guide Plan. The Commissioners were encouraged to review the draft park plan and make comments regarding the document prior to formal action by City Council scheduled for October of this year. Mr. Jeff Schoenbauer will be in attendance at the next regular Planning Commission Meeting to give a presentation of this document and to conduct a question /answer session. 411 Director of Planning Lisa Freese presented a request from Mr. Paul Walsh to locate his business, Pro- Tune, Inc., in the City of Rosemount. The subject building, located at 14785 South Robert Trail, is owned by Mr. Dave Lawson who currently runs an auto body shop in the northern portion of the building. The southern portion of this structure previously housed Big A Auto Parts, which sold auto parts and serviced vehicles. Big A was replaced by Mr. Lawson's business, South Metro Auto Brokers, which included automobile sales and general storage. Pro -Tune, Inc. would repair motorcycles and snowmobiles and sell new trailers, parts and related products. Current zoning of the subject property is C -2 Community Commercial which does not specifically address motorcycle and snowmobile repair. However, the ordinance explicitly excludes automobile and equipment sales, services and repair establishments. Upon adoption of Ordinance B City of Rosemount Zoning Ordinance in 1989, the existing uses of this property were rendered legal nonconforming. In reviewing this request, Ms. Freese consulted with former Community Development Director Dean Johnson and City Planner Michael Wozniak regarding the intent of the City when they specifically excluded these uses in revising the old ordinance. The previous ordinance was ambiguous as to what the permitted uses were in the C -2 District. In an effort to address these uses specifically, new commercial districts were created that expressly permitted auto related operations. At that time it was determined that it would not be appropriate to situate auto related services near the retail areas of the central business district. Upon adoption of the new ordinance all auto related uses in this district were rendered legal non conforming. Mr. Walsh requested Planning Commission ordinance interpretation pertaining to nonconforming uses with regard to his business. Director of Planning Freese advised that the Planning Commission should determine whether Pro -Tune, Inc. is a continuation of a previous nonconforming use, and, if so, whether or not Mr. Walsh's proposal constitutes an expansion or intensification of the legal nonconformity. Ms. Freese noted that any decision regarding this use will not affect previous policy 6 very1htngs Coming Up cRosemoun l! 0 100% ',cycled piper Regular Planning Commission Meeting Minutes September 10, 1991 Page Two S decisions regarding the C -2 District unless the zoning ordinance is amended to allow such use. Ms. Freese also noted that an interpretation by the Planning Commission that would permit Pro -Tune, Inc. does not change the nonconforming status of the property. Therefore, no improvements could be made to the property that would constitute an expansion or enhancement of the facility. Mr. Lawson and Mr. Walsh were in attendance and answered several questions posed by the Planning Commission. Discussion ensued whereby the Planning Commission was in general agreement that Pro -Tune, Inc. is similar to Big A Auto Parts which vacated this property approximately 14 years prior; therefore, the non conforming use would be considered abandoned because it exceeds a period of six consecutive months. Such discontinuance is considered evidence of legal abandonment and said use shall thereafter be used in conformity with the provisions of the ordinance. There was also agreement by the Planning Commission that the most recent business at this location, South Metro Auto Brokers, was limited to the sale of automobiles; therefore, the servicing and retail sales proposed by Pro -Tune, Inc. constituted an expansion of the previous nonconforming use. MOTION by Busho that the Planning Commission determines that Mr. Paul Walsh's request is not a continuation of an existing legal nonconforming use and that it does not meet the intent of Section 13 of Ordinance B City of Rosemount Zoning Ordinance regarding nonconforming uses. Second by Meyer. Ayes: 5. Nays: 0. Chairperson Hathaway recessed the Regular Planning Commission Meeting and opened the Board of Appeals and Adjustments at 5:30 p.m. to conduct the public hearing scheduled for this time. Chairperson Hathaway opened the public hearing to receive input on the Variance Petition submitted by Mr. Charles Forslund. The recording secretary had in her possession Affidavits of Publication and Mailed and Posted Hearing Notice. Mr. Forslund, 2655 124th Street West, has petitioned for a variance to required side yard setback to permit construction of a single bay addition to an existing attached single car garage to within 20 feet of his side yard property line. In addition, Mr. Forslund is also requesting a variance to required rear yard setback to permit construction of a family room addition in the rear yard to within 29 feet of the rear property line. The subject lot is a small legal nonconforming RR Rural Residential lot consisting of approximately 16,200 square feet. The Zoning Ordinance requires 30 -foot side yard and 30 -foot rear yard setbacks in the RR Rural Residential District. Director of Planning Lisa Freese discussed the topography and location of the private on -site septic system which has a direct impact on the options available to Mr. Forslund for his proposed additions. It was noted that Mr. Forslund has considered alternatives that would conform to ordinance requirements; however, they are less desirable in terms of impact on the existing layout of his home and design constraints associated with the topography. Planning staff recommends that the requested variances are consistent with the intent of the ordinance in approving variances. There were no comments from the audience. Chairperson Hathaway closed the public hearing. MOTION by Hathaway to approve the variance petition of Charles Forslund, 2655 124th Street West, for both a side and rear yard variance because the request meets the requirements of Section 15.2 of the Zoning Ordinance. Second by Gundacker. Ayes: 5. Nays: 0. Chairperson Hathaway closed the Board of Appeals and Adjustments and reconvened the Regular Planning Commission Meeting at 5:45 p.m. Regular Planning Commission Meeting Minutes September 10, 1991 Page Three Koch Refining Company has submitted an application for a grading permit for their proposed expansion of an existing spent bauxite disposal basin at the Koch Sulfuric Acid Unit, 13155 Courthouse Boulevard. The Planning Commission previously recommended approval of a Zoning Ordinance Text Amendment to permit spent bauxite disposal facilities as accessory uses via an Interim Use Permit in the GI General Industrial district. City Council is scheduled to act on the text amendment at their next meeting. Director of Planning Lisa Freese reviewed with the Commission the proposed permitting requirements and financial terms regarding the proposal for the spent bauxite facility. Public Works Director /Building Official Ron Wasmund advised that the grading permit could be issued, with conditions, limiting excavation activities to clearing, grubbing and stripping of the land in preparation for the proposed spent bauxite facility. In issuing the grading permit, it will be with the understanding that the applicant is proceeding at their own risk should a text amendment not be approved. MOTION by Hathaway to authorize issuance of a Grading Permit, as requested by Koch Refining Company, subject to conditions and also request that the Building Official not issue the permit until the City Council approves the Zoning Ordinance Text Amendment. Second by Meyer. Ayes: 5. Nays: 0. MOTION by Gundacker to adjourn. Second by Edwards. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 6:10 p.m. Re ectfully sub Donna Quintus Recording Secretary 0 ily o g osemounl HONE (612) 423 -4411 2875 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 423 -5203 Mailing Address: Vernon Napper P. O. Box 510, Rosemount, Minnesota 55068 -0510 COUNCILMEMBERS Sheila Klassen Planning Commission John Oxborough Harry Willcox Dennis Wippermann Regular Meeting Minutes September 24, 1991 ADMINISTRATOR Stephan Jilk Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, September 24, 1991 at 5:00 p.m. Acting Chairperson Meyer called the meeting to order with members Gundacker, Edwards and Busho present. Also present was Director of Planning Lisa Freese, Planning Assistant Cindy Carlsson and Planning Consultant Dean Johnson of Resource Strategies Corporation (RSC). MOTION by Edwards to approve the September 10, 1991 Regular Planning Commission Meeting Minutes as presented. Second by Gundacker. Ayes: 4. Nays: 0. Director of Planning Lisa Freese advised that Planning staff has received a petition to rezone Lot 1, Block 3, Evenson First Addition from C -2 to C -3. The subject property is occupied and owned by Master Transmission and the request was facilitated upon the owner's request to expand his current auto service oriented facility. It is anticipated that this item will be up for formal Planning Commission action at the next Regular Planning Commission Meeting. Ms. Freese requested that Agenda Item 3b. Parks Plan Discussion, be removed from this meeting's agenda. Due to a scheduling conflict, Mr. Jeff Schoenbauer, Master Parks Plan consultant, was unable to give a presentation at this meeting. A presentation and discussion of the Master Parks Plan document will be scheduled for a future Planning Commission Meeting. The Planning Commission previously recommended to City Council approval of a zoning ordinance text amendment to permit spent bauxite disposal facilities as accessory uses, via an interim use permit, in the IG General Industrial District. The required public hearing has been held by Council and the text amendment was approved at their September 17th meeting. Although there is no formal action required on the Interim Use Permit (IUP) agreement at this time, Director of Planning Lisa Freese reviewed with the Commission a draft IUP agreement developed by Planning staff, City consultants Dean Johnson (RSC), Kirby Van Note (OSM) and legal consultant Eric Short. The Commission was encouraged to review the proposed document and advise Planning Staff of any concerns or comments. MOTION by Meyer recommending that City Council set a public hearing for the Interim Use Permit for the Koch Refining Company Spent Bauxite Disposal Facility. Second by Gundacker. Ayes: 4. Nays: 0. Director of Planning Lisa Freese advised that various City and Dakota County staff and City consultants met with Metropolitan Council staff earlier this day to discuss alternative review procedures for accommodating the Dakota County mass burn solid waste incinerator project. The 22.5 -acre site, locating on University of Minnesota Rosemount Research Center property is currently zoned AG Agriculture. Staff and City consultants have developed a proposed course of action for the County to follow: 1) submit a petition to rezone the subject site from Agriculture to Public /Institutional; and 2) amend the zoning ordinance to allow publicly owned municipal solid waste incineration facilities in the Public /Institutional District by interim use permit. Should this procedure be accepted by Met Council a comprehensive guide plan text amendment for clarifications of a Waste Management Plan Element and a Public /Institutional Land Use Element of the comp plan will be required. Met Council advised they will consider the City'sproposal and apprise staff of their e verything s Coming C(4 gosemouni!! 0 /GG% rerycled,We, Regular Planning Commission Meeting Minutes September 24, 1991 Page Two decision by the end of this week. Regardless of the outcome of this issue, Metropolitan Council requires an Airport Search Area Land Use Change Information Submission for this site because it is situated within the Metropolitan Airport Search Area. Forwarding this submission to the Metropolitan Council does not constitute City approval of the project. MOTION by Meyer to recommend that the City Council submit an Airport Search Area Land Use Change Information Submission for the Dakota County Resource Recovery Facility to the Metropolitan Council for review. Second by Gundacker. Ayes: 4. Nays: 0. Solberg Aggregate Company has petitioned the City for a rezoning of their ten -acre parcel, located immediately east of STH 52 and along the north side of CSAH 42, from AG Agriculture to IG General Industry. Previously, the necessary approvals were given by the City and Metropolitan Council for a Comprehensive Guide Plan Amendment redesignating the subject site from Agricultural to General Industrial land use. This request to expand the industrial district in the Pine Bend area is consistent with the City's position as evidenced in the most recent discussions and update regarding the revisions to the Rosemount Comprehensive Guide Plan. MOTION by Meyer to recommend approval of the rezoning of the ten -acre parcel located at the northeast corner of State Trunk Highway 52 and County State Aid Highway 42, as requested by Solberg Aggregate Company, from AG Agriculture to IG General Industry. Second by Edwards. Ayes: 4. Nays: 0. Acting Chairperson Meyer recessed the Regular Planning Commission Meeting and opened the Board of Appeals and Adjustments at 5:30 p.m. to conduct the public hearings scheduled for this time. Acting Chairperson Meyer opened the public hearing to receive input on the Variance Petition submitted by Mr. Wesley Pegors. The recording secretary had in her possession Affidavits of Publication and Mailed and Posted Hearing Notice. Mr. Wesley Pegors, 3125 Lower 147th Street West, has petitioned the City for variances to both his westerly and easterly side yard property line. Mr. Pegors proposes to remove an existing home in disrepair and construct a new single family home to within eight feet of his westerly property line. He also wishes to install a driveway to his detached garage to within three feet of the easterly property line. This request from Mr. Pegors differs from a previous request because it eliminates the need for a front yard setback variance due to his realigning his existing garage 17 feet further into the rear yard. The Pegors' lot is only 50 feet wide. He has chosen a narrow building plan; however, it is still difficult to meet required setbacks. The Pegors have made a considerable effort to work with a difficult situation, a very small lot width with existing constraints. Their new proposal eliminates all Planning and Building staff's earlier concerns regarding detrimental effect on the property owner to the west by retaining the existing two foot setback. The proposed eight foot setback improves the existing situation and provides adequate area for the Pegors to maintain their home from their property. The location of the driveway on the east side should not pose any problems for the adjacent property owner. There were no comments from the audience. Acting Chairperson Meyer closed the public hearing at 5:35 p.m. MOTION by Gundacker to approve the variance petition of Wesley Pegors, 3125 Lower 147th Street West, for setback variances for the east and west side yards because both requests meet the requirements of Section 15.2 of the Zoning Ordinance. Second by Edwards. Ayes: 4. Nays: 0. Regular Planning Commission Meeting Minutes September 24, 1991 Page Three Acting Chairperson Meyer opened the public hearing to receive input on the Variance Petition submitted by Mr. Roger A. Green. The recording secretary had in her possession Affidavits of Publication and Mailed and Posted Hearing Notice. Mr. Roger Green, 14687 Cimarron Avenue West, has petitioned the City for a variance to side yard setback requirements for accessory structures in the R -1 Single Family Residential District. Mr. Green proposes to construct a 400 square foot detached garage in the side yard on the north side of his lot. The proposed side yard setback is 5.5 feet. The proposed garage meets the 30 foot setback required in the rear yard. Other garage siting options examined by the property owner appear to be less desirable in terms of utilization of the property and this proposal is consistent with similar exceptions currently existing in the neighborhood. Planning and Building staff, in reviewing the site, both concurred that the garage could be placed 3 -4 feet further to the rear yard without interfering with existing landscaping. This placement would be more consistent with other detached garages in the neighborhood and would provide more clearance between the home entrance and the garage. Acting Chairperson Meyer closed the public hearing at 5:45 p.m. MOTION by Edwards to approve the variance petition of Roger A. Green for the property located at 14687 Cimarron Avenue West, for a side yard setback variance because it meets the requirements of Section 15.2 of the Zoning Ordinance, subject to the condition that the garage be moved further to the west as recommended by the Building Inspection staff. Second by Busho. Ayes: 4. Nays: 0. Acting Chairperson Meyer opened the public hearing to receive input on the Variance Petition submitted by Mr. Larry Bridger. The recording secretary had in her possession Affidavits of Publication and Mailed and Posted Hearing Notice. III Mr. Larry Bridger, 12600 South Robert Trail, has petitioned the City for a variance to setback requirements for accessory buildings in the RR Rural Residential District. Mr. Bridger wishes to construct a 490 square foot detached garage /barn to within 20 feet of the rear yard property line and 20 feet from the side yard property line. The required setback for both rear and side yard property lines in the Rural Residential District is 30 feet. Mr. Bridger's lot is only 27,000 square feet and a legal non conforming lot in the RR District. Due to small lot size there has been some difficulty placing the accessory structure within the required setbacks and still maintain the integrity of the private septic and drainfield system. The proposed siting of the accessory building insures that the drainfields will be protected more adequately than Mr. Bridger's previous variance request. Mr. Bridger's earlier request included a variance to exterior treatment requirements in Section 7.2 A.6 of the Zoning Ordinance. Although this does not appear to be a part of the current request, staff reminded the Planning Commission that there is not a demonstrated hardship, unusual circumstance or neighborhood exception to this regulation; therefore, Planning staff would not recommend varying the exterior treatment requirement. Acting Chairperson Meyer closed the public hearing. MOTION by Meyer to approve the variance petition of Larry Bridger for both a rear and side yard setback because it meets the required findings of Section 15.2 of the Zoning Ordinance. Second by Edwards. Ayes: 4. Nays: 0. Acting Chairperson Meyer opened the public hearing to receive input regarding a Variance Petition submitted by St. John's Lutheran Church. The recording secretary had in her possession Affidavits of Ili Publication and Mailed and Posted Hearing Notice. St. John's Lutheran Church proposes to erect an off premise sign providing directions to the church on the Carlson property located between Pizza Hut and the Holiday Station. The proposed sign is Regular Planning Commission Meeting Minutes September 24, 1991 Page Four III 620 square inches. Off- premise Institutional Signs such as the one proposed are allowed provided they do not exceed three square feet in sign face or six feet in height. The proposed sign exceeds the maximum size requirement by 188 square inches. Discussion ensued regarding formulation of the current sign regulations which were adopted in July, 1990. Because it was before her employment with the City, Director of Planning Lisa Freese noted that she was not clear as to whether the appropriateness of the size of this type of sign was considered with respect to the potential locations along arterial and collector streets. The size of the proposed sign has merit when considering the location of the sign and the site distance required for viewing the sign at the speeds permitted on County Road 42. A three square foot sign may not be adequate in size to safely read at posted speeds. The Board discussed the time and review involved when developing the sign ordinance and concurred that a more thorough examination of ordinance requirements regarding signs should be completed to determine the rationale at the time they were adopted. The Board further concurred that Planning staff may need to study this ordinance for other possible safety issues regarding sign size and placement before amending the text for this issue. Boardmember Edwards also discussed the serviceability and benefit to the Church at the proposed location. There were no other persons in the audience for comment on this issue. Acting Chairperson Meyer closed the public hearing at 6:30 p.m. MOTION by Edwards to deny the variance petition of St. John's Lutheran Church with respect to sign size based upon sign ordinance discussions held on this request; and, further, that none of the requirements of Section 15.2 of the Zoning Ordinance have been met. Second by Gundacker. Ayes: 4. Nays: 0. Acting Chairperson Meyer closed the Board of Appeals and Adjustments and reconvened the Regular Planning Commission Meeting at 6:35 p.m. Director of Planning Lisa Freese advised that U.S. Home Corporation has submitted the final plat for Country Hills Fifth Addition. City Planning staff has determined that the plat, as submitted, is consistent with the Country Hills PUD; however, the City has a concern regarding a dead end street shown on the north end of the plat. Since the street dead ends into the Kelly Trust property and there are no development plans for that property at this time, a permanent cul-de -sac appears necessary. The length of the cul-de -sac would exceed maximum City subdivision standards. Due to some unresolved issues Planning staff recommends tabling action on this item until concerns can be addressed with the developer. MOTION by Meyer to table action on the Country Hills Fifth Addition final plat to allow completion of departmental review, resolution of design details and a development contract has been drafted. Second by Edwards. Ayes: 4. Nays: 0. Raymond and Shelly Gifford, 12334 South Robert Trail, are the owners of Lots 2 and 3, Block 1, Happy Hours Addition. The home is situated on Lot 3; however, Lot 2 is vacant. The Gifford's have requested a building permit to construct a new deck to the north side of their home. The proposed deck would not meet the required 30 -foot side yard setback for the RR Rural Residential District. Rather than seeking a variance, the Giffords would like to legally combine the two parcels. Both lots are smaller than the five -acre minimum lot size required in the RR District. A legal combination of the two lots would result in one, more conforming lot. Planning staff recommends approval of a lot combination subject to execution and recording of an Indenture to insure the Tots are not administratively split in the future. The Indenture will only permit a division of the lots should the City's zoning ordinance change to permit it. Regular Planning Commission Meeting Minutes September 24, 1991 Page Five MOTION by Edwards to recommend approval of the combination of Lots 2 and 3, Block 1, Happy Hours Addition, as requested by Raymond and Shelley Gifford, subject to the provisions of a recorded Indenture. Second by Gundacker. Ayes: 4. Nays: 0. MOTION by Edwards to adjourn. Second by Gundacker. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 6:55 p.m. Re -ctfully submi A 1 Donna Quintus Recording Secretary @ily of osemoun1 PHONE (612) 423 -4411 2875 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 423 -5203 Mailing Address: Vernon Napper P. O. Box 510, Rosemount, Minnesota 55068 -0510 COUNCILMEMBERS Sheila Klassen Planning Commission John Oxborough Harry Willcox Regular Meeting Minutes October 8, 1991 Dennis Wippermann ADMINISTRATOR Stephan Jilk Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, October 8, 1991 at 5:00 p.m. Chairperson Hathaway called the meeting to order with members Edwards, Meyer and Busho present. Also present was Director of Planning Lisa Freese and Planning Consultant Dean Johnson of Resource Strategies Corporation (RSC). The Planning Commission concurred that the minutes of the September 24, 1991 Planning Commission Meeting be amended to reflect that Acting Chairperson Meyer closed two of the scheduled public hearings, rather than Chairperson Hathaway who was not in attendance at that meeting. MOTION by Edwards to approve the September 24, 1991 Regular Planning Commission Meeting Minutes as amended. Second by Meyer. Ayes: 4. Nays: 0. Director of Planning Lisa Freese informed the Commission that the City Council postponed setting a hearing on Master Transmission's application to rezone their property from C -2 to C -3 to allow further staff review of zoning history. The City Council will consider setting a public hearing again on November 5th. Commissioner Busho discussed the merits of a moratorium. Ms. Freese also updated the Planning Commission regarding the Dakota County Waste -to- Energy facility review process. The Metro Council staff has suggested that the city clarify the Waste Management and Public Services elements of the Comprehensive Guide Plan. This requires a Minor Guide Plan Amendment. The City Council has set a public hearing on the amendment for the November 5th meeting and the Planning Commission will be reviewing the amendment at the next regular meeting. Commissioner Busho advised that she had received an invitation to a meeting on November 23, 1991 to discuss the development of a detailed "downtown plan" which, when completed, will be an enhancement to the final comprehensive guide plan. She expressed her opinion that this is a worthwhile undertaking and encouraged the rest of the Planning Commissioners to attend. Planning Consultant Dean Johnson discussed the Koch Refining Company Spent Bauxite Interim Use Permit and highlighted the details of the proposed Agreement. This document will serve as the permit with a term of five years to coincide with the term of the PCA permit and, further, reiterates the terms of the PCA permit by reference throughout the Agreement. The IUP describes both the existing and expansion of the spent bauxite facility. It establishes procedures related to maintenance and operation; requirements for reporting and monitoring to the City; closure and post closure methods; provides for establishment of a trust fund by Koch Refining; and a requirement for a feasibility study, within three years, of the recyclability of spent bauxite. The document further provides for an annual IUP fee in direct relationship to the amount of spent bauxite material deposited in the Spent Bauxite Disposal Facility. This fee is to be remitted to the City by February 1 of each year. Chairperson Hathaway recessed the Regular Planning Commission Meeting and opened the Board of Appeals and Adjustments to conduct a public hearing scheduled for 5:30 p.m. The Recording Secretary had in her possession Affidavits of Publication, Posted, and Mailing Hearing Notices. 1 (Jveryli' Coming `L114 CJLosemounl!! 0 ,00% recycleO pope, Regular Planning Commission Meeting Minutes October 8, 1991 Thomas and Donna Egan, 3090 145th Street West, have submitted a petition for a variance to rear and side yard setback requirements to allow construction of a 24' x 26' detached garage to within five feet of the rear yard and six feet of the side yard property line. The R -1 Single Family Residential District requires 30 -foot rear yard and 10 -foot side yard property line setbacks. Director of Planning Lisa Freese discussed several property limitations, including existing topography, corner lot requirements, and unique home architecture, which has made siting of the garage difficult for the property owner. Ms. Freese noted that the proposed front yard setback of 26 feet is the average of all structures on this block, therefore a variance to street side setback is not required. Ms. Freese referred to the planimetric map, included in the Board's meeting packet, which displayed several setback exceptions to the side and rear setback requirements in the immediate area. The Board was further advised that the property owner to the south has an existing driveway which encroaches onto the Egan property approximately five feet. Upon discovery of this encroachment several years ago, the Egans granted an easement for driveway purposes to permit said encroachment. Mr. and Mrs. Lawrence Stoffel, 14575 Cameo Avenue, advised they were the property owners to the south and stated their objection to the proposed side yard setback. If a six foot setback variance is granted the detached garage would be only one foot from their driveway. They cited their concern regarding water runoff and ice buildup on the driveway. Mr. Don Tousignant, 14585 Cameo Avenue, also expressed his objection to the proposed setback variance. Following discussion, Mr. Tom Egan stated his willingness to install rain gutters along the south side of the garage and realign the structure to set back eight feet from his southerly property line. This proposed realignment would result in a three -foot green space between the Stoffel's driveway and the detached garage and should alleviate the concern for water runoff and drainage. Those who objected to the variance were not in favor of Mr. Egan's new proposal and reiterated their objections to the Board. There was general acknowledgement among Boardmembers that the subject property exhibited several limitations and that there may be justification for granting of a variance in this instance. However, due to the strong opposition expressed by the immediate neighbors and the neighbors' inability to reach a compromise for resolution of this issue, the Board discussed continuing the public hearing until the next Regular Planning Commission Meeting. This would provide each Boardmember with the opportunity to re- examine the subject property for further study and analysis and, perhaps, this issue could be resolved in the best interest of all involved. MOTION by Busho to continue the Public Hearing for the Tom and Donna Egan request for variance to side and rear yard setback requirements until the October 22, 1991 Planning Commission Meeting. Second by Meyer. Ayes: Hathaway; Meyer; Busho. Nays: 0. Present: Edwards. Motion carried. Chairman Hathaway closed the Board of Appeals and Adjustments and reconvened the Regular Planning Commission Meeting at 6:00 p.m. Lee Johnson, U.S. Homes Corporation, was in attendance to request approval of the Country Hilts Fifth Addition final plat. Director of Planning Lisa Freese provided an overhead illustrating the location of Country Hills Fifth Addition and its proximity to existing and future phases of the entire Country Hills subdivision. At the request of City staff, the final plat has been revised to include 133rd Street West as a permanent cul-de -sac. In their review, the Planning Commission concurred that some form of easement should be provided to Outlot B for maintenance purposes. The developer agreed to provide such an easement through Country Hills Fourth Addition. This plat is in conformance with the revised Country Hilts 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. 2 Regular Planning Commission Meeting Minutes October 8, 1991 MOTION by Edwards to recommend to City Council approval of the final plat for Country Hills Fifth Addition subject to: 1) engineering staff approval of detailed utility plans and specifications; 2) provision of an easement for access to Outlot B for maintenance purposes; and 3) an executed development contract. Second by Meyer. Ayes: 4. Nays: 0. Minnesota State Statute requires that public hearings be held by the Planning Commission when considering the Comprehensive Guide Plan or an element of said guide plan. The Comprehensive Parks Plan and Development Guide, if adopted by City Council, will be incorporated in the City of Rosemount Comprehensive Guide Plan that is currently being revised. Planning Staff recommends setting a public hearing for the park plan for the October 22nd Regular Planning Commission Meeting. A presentation of the draft document will be given by Jeff Schoenbauer, consultant from Brauer Associates. Ms. Freese encouraged the Commissioners to become familiar with the document content and be prepared to comment on any concerns or questions at the public hearing. MOTION by Hathaway to set a public hearing on the Comprehensive Parks Plan and Development Guide for 5:30 p.m., or as soon thereafter as possible, on Tuesday, October 22, 1991. Second by Edwards. Ayes: 4. Nays: 0. The Dakota County Planning Department has received a request from the City of Apple Valley to name the new County Road 38, State Trunk Highway 77 and County State Aid Highway 38 to Valleywood Drive between County Road 11 and the Apple Valley /Rosemount border. Dakota County has indicated that there may be merit in extending the name to include County Road 38 (125th Street) to State Trunk Highway 3 in the City of Rosemount and have requested a City Council resolution stating the wishes of the City regarding the renaming of County Road 38 (125th Street) to Valleywood Drive. Upon discussion of the proposal, the Planning Commission concurred that Valleywood Drive would be an inappropriate name for a street in Rosemount and discussed the need for consistency of names of streets that cross several jurisdictions within the County. Commissioner Gundacker took his chair at 6:23 p.m. MOTION by Edwards to recommend to City Council to advise the Dakota County Planning Advisory Commission that the City of Rosemount is not in favor of renaming County Road 38 (125th Street) within the Rosemount City limits; and, further, that the City of Rosemount opposes the renaming of County Road 38 within the City of Apple Valley; however, should the County choose to approve the name change of County Road 38 within the Apple Valley city limits, that the City of Rosemount requests a sign at the Pilot Knob Road intersection referencing that 125th Street and Valleywood Drive are one and the same; and, further, that it is the desire of the City of Rosemount that the City Councils of both Rosemount and Apple Valley meet jointly to discuss a resolution to the proposed street renaming. Second by Busho. Ayes: 5. Nays: 0. MOTION by Edwards 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 subm' Donna Quintus Recording Secretary 3 it y of gosemounl PHONE (612) 423 -4411 2875 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 423 -5203 Mailing Address: Vernon Napper P. O. Box 510, Rosemount, Minnesota 55068 -0510 COUNCILMEMBERS Sheila Klassen Planning Commission John Oxborough Harry Willcox Regular Meeting Minutes October 22, 1991 Dennis Wippermann ADMINISTRATOR Stephan Jilk Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, October 22, 1991 at 5:00 p.m. Acting Chairperson Meyer called the meeting to order with members Gundacker, Edwards and Busho present. Also present was Director of Planning Lisa Freese, Planning Assistant Cindy Carlsson, Assistant Administrator Sue VanderHeyden, Economic Development Specialist Tracie Pechonick, and Planning Consultant Dean Johnson of Resource Strategies Corporation (RSC), MOTION by Edwards to approve the October 8, 1991 Regular Planning Commission Meeting Minutes as presented. Second by Gundacker. Ayes: 4. Nays: 0. Director of Planning Lisa Freese informed the Commission that Ron Miller, 4050 152nd Court West, had submitted to City Council an appeal to the Board of Appeals and Adjustments' denial for variance to side yard setback requirements for his attached deck. At it's October 15th Regular Meeting, City Council deferred action on Mr. Miller's appeal and directed City staff to inventory whether other similar circumstances exist in this neighborhood and to report their findings to Council at their November 19th Regular Meeting. Formal action on the appeal will be taken at that time. Ms. Freese announced that Planning Assistant Cindy Carlsson has submitted notice that she is leaving the City of Rosemount to accept a teaching assistantship at the Hubert Humphrey Institute. The Planning Commissioners extended their thanks to Ms. Carlsson and wished her good luck in her future endeavors. In appreciation for all her work and assistance in planning issues, the Planning Commissioners read a Resolution in Cindy's honor. MOTION by Meyer to adopt Resolution 1991 -1 PC in tribute to Cindy Carlsson. Second by Busho. Ayes: 4. Nays: 0. Economic Development Specialist Tracie Pechonick announced that a Finland based company which produces hydrogen peroxide has selected the City of Rosemount as a potential site for locating a new $80 -$90 million manufacturing plant. Representatives from the company will visit Rosemount on Monday, October 28th to tour a site in eastern Rosemount which is owned by Continental Nitrogen Resources (CNR). CNR owns 103 acres and has indicated their willingness to negotiate with the new company for an approximate 25 -acre parcel for their needs. Ms. Pechonick stated that this information is provided to the Planning Commission because, if the hydrogen peroxide manufacturer selects Rosemount as their location site, platting of the CNR site and Planning Commission site plan review will be required. Depending on timing of the company's decision, these requirements may have to be performed very quickly by the City. Director of Planning Lisa Freese discussed the Comprehensive Guide Plan Text Amendment as it relates to the Dakota County Resource Recovery Facility (RRF) proposed to be located on the Rosemount U of M property. As discussed at the September 24th Planning Commission Meeting, recommended text modifications have been completed by Planning staff and Planning Consultant Dean Johnson. Modifications to the text include clarification in the Waste Management Land Use Element to include only privately owned waste management activities and defining public and institutional uses in the public services element of the Comp Plan. Met Council considers these (9veryihings Coming Up Rosemouni!! 0 100% artycle0 paper Regular Planning Commission Meeting Minutes October 22, 1991 Page Two clarifications a Minor Guide Plan Amendment. City Council will hold a public hearing on November 5, 1991 to consider the amendment. Planning Consultant Dean Johnson, RSC, provided information regarding the latest MnPCA action in consideration of the Dakota County incinerator permit. A request for a contested case hearing was divided into two categories: 1) health and environmental issues; and 2) whether there is an adequate amount of solid waste in the metro area to necessitate an incineration facility. A resolution was adopted that a contested case cannot be held on the health and environmental aspect of the permit; however, a second resolution regarding justification for the incinerator was deadlocked by a 4-4 vote. The PCA will act on this resolution at their meeting at the end of November when a full PCA Board is in attendance at the meeting. MOTION by Meyer to recommend to City Council approval of the Minor Guide Plan Amendment, as proposed by Planning staff, and request that the Council forward it on to the Metropolitan Council for their review and approval. Second by Gundacker. Ayes: 4. Nays: 0. Director of Planning Lisa Freese advised that Planning staff has established a task force group with the City of Inver Grove Heights and the Minnesota Department of Transportation (MnDOT). The purpose is for a cooperative study in assessing and analyzing the transportation issues in the Trunk Highway 52 corridor located within the two cities. Safety and capacity issues have been raised by Koch Refining Company due to increased industrial development along STH 52. MnDOT has requested the engineering firm of Short- Elliott- Hendrickson (SEH) to submit a draft proposal for the corridor study. Ms. Freese requested input and comments from the Commissioners regarding the study. City Attorney Eric Short advised that this study will need to be addressed and incorporated into the comp plan revisions. Acting Chairperson Meyer recessed the Regular Planning Commission Meeting and opened the Board of Appeals and Adjustments to hold the public hearings scheduled for 5:30 p.m. Acting Chairperson Meyer reconvened the public hearing continued from October 8th regarding the variance request of Thomas and Donna Egan, 3090 145th Street West. The Recording Secretary had in her possession Affidavits of Publication, Posted, and Mailing Hearing Notice. Director of Planning Lisa Freese reviewed the details of Mr. and Mrs. Egan's variance request to locate a proposed detached garage to within six feet of their side property line (west side) and to within five feet of their rear property line (south side). Planning staff continues to recommend approval of the variance request for reasons stated at the last meeting and would support the addition of a condition to require rain gutters directing runoff away from the driveway to the south. It is the judgement of Planning staff that the variance petition submitted by the Egans meets the criteria as set out in Section 15.2 of the Zoning Ordinance. Mr. Jerome Kahnke, Larkin Hoffman Daly of Minneapolis, was in attendance to represent and speak on behalf of the petitioners. Mr. Kahnke discussed the property topography constraints, which make it difficult for the placement of the garage, and described existing neighborhood circumstances. He advised that the property owners are proposing an enhancement to the property which would not be detrimental to the neighborhood. Mr. Kahnke summarized the encumbrance of the southerly property owner's driveway which encroaches approximately five feet onto the Egan property. This also represents a hardship of the Egan property. Lawrence and Helen Stoffel, 14575 Cameo Avenue, restated their opposition to the rear yard variance request. They encouraged the Board to consider their concerns regarding the proximity of the garage to their property in reviewing the Egan request. JoAnn Weinner, 2575 130th Street West, also expressed her concern regarding the potential dangers of water and snow runoff from the garage roof onto the Stoffel's driveway. Regular Planning Commission Meeting Minutes October 22, 1991 Page Three Boardmember Meyer advised that he had received several calls from the Egan neighbors who all expressed their opposition to the requested variance and also their fear that the Egans intend to establish a retail business from the structure. He stated that upon further assessment of the request he was reluctant to approve the variance due to size of structure and potential driveway hazard for the southerly property owner. The Egans stated they were not planning to set up a business from the garage. They stated the purpose of the garage was for personal vehicle, garden equipment, and bicycle storage. There were no further comments from the audience. Acting Chairperson Meyer closed the public hearing. MOTION by Edwards to approve the variance as requested by Thomas and Donna Egan to permit construction of a detached garage to within six feet of the side property line and to within five feet of the rear property line at 3090 145th Street West. Motion died for lack of a Second. MOTION by Busho to approve a variance on property located at 3090 145th Street West to permit construction of a detached garage to within six feet of the side property line and eight feet of the rear property line with the condition that gutters are installed to direct runoff away from the driveway to the south. Second by Gundacker. Ayes: Gundacker, Edwards, Busho. Nays: Meyer. Motion carried. Acting Chairperson Meyer opened a public hearing at 6:12 p.m. for the variance request of Luella Harpster. The Recording Secretary had in her possession Affidavits of Publication, Posted and III Mailing Hearing Notice. Ms. Luella Harpster, 3240 145th Street West, has requested a variance to allow replacement of an existing exterior stairway and landing along the easterly side of her residence. The condition of the existing structure is poor and in need of extensive repair. The entire structure consists of a 3 -foot wide stairway at the north and south end of the house with a 4 -foot wide landing between the two stairways and provides the only access to a separate dwelling unit on the second floor. Ms. Harpster is also requesting an expansion of a portion of the landing area from four feet to six feet in width. As illustrated on the submitted site plan, the proposed stairway /landing encroaches five feet into the side yard, at its widest point, and two feet at its narrowest point. The Board discussed the nonconformity of the existing structure and the request to increase the nonconformity by widening the landing. Alternatives were suggested. The applicant stated her wish to retain the double stairway as it currently exists and withdrew her request to increase the width of the platform. There were no comments from the audience. Acting Chairperson Meyer closed the public hearing. MOTION by Gundacker to approve a variance to permit the replacement of existing exterior 3 -foot wide stairways and an existing 4 -foot wide second story landing to within seven feet of the side yard property line of 3240 145th Street West. Second by Edwards. Ayes: 4. Nays: 0. Acting Chairperson Meyer opened the public hearing for a request to allow horses on less than five acres. The Recording Secretary had in her possession Affidavits of Publication, Posted and Mailed Hearing Notice. Regular Planning Commission Meeting Minutes October 22, 1991 Page Four Marvin and Phyllis Gill, 12290 Chinchilla Court, discussed their request for a variance to allow the keeping of horses on their 4.8 -acre lot which is located in the RR Rural Residential District. Mr. and Mrs. Gill described the structures currently existing on their property which includes a horse barn and a wood fenced horse pasture. Although the Gills had at one time kept horses on the property, horses have been absent from the property for over six months which renders the legal nonconforming status invalid. The property owners are selling their home and a potential buyer has expressed a desire to keep horses on the property. The potential buyer was in attendance at the hearing and stated he has submitted an offer on the property; however, his offer is not contingent to approval of the variance request. Director of Planning Lisa Freese advised that five acres is the minimum acreage required for keeping of horses in the RR Rural Residential District. The Gill's property is situated in an area that is large lot residential and several surrounding properties either have horses or the option to keep horses. This request represents a minor exception to ordinance requirements with only four percent less land than what is required. Further, since the property has historically been used for horses and this request would not require construction of additional outbuildings, the request appears to be reasonable and Planning staff recommends approval of the variance to permit horses subject to a limit of two horses on the property. Darlene Lehmann, southerly property owner, and Sharon Johnson, also a contiguous property owner, both stated their opposition to the variance request. Concerns were expressed regarding damage and destruction to existing vegetation, odor, and the potential for use of barbed wire for containment of the horses. There was no further comment from the audience. Acting Chairperson Meyer closed the public hearing. MOTION by Busho to approve the variance of minimum lot size requirements for horses at 12290 Chinchilla Court subject to the limit of not more than two horses. Second by Gundacker. Ayes: 4. Nays: 0. Acting Chairperson Meyer closed the Board of Appeals and Adjustments at 7:05 p.m. and reconvened the October 22, 1991 Regular Planning Commission Meeting. Acting Chairperson Meyer opened the public hearing to receive public comment on the proposed Comprehensive Parks Plan and Development Guide. Jeff Schoenbauer, Bauer Associates, gave a verbal presentation and presented written documents of the City of Rosemount proposed Parks Master Plan. Mr. Schoenbauer noted that the final document is the culmination of approximately eight months of meetings with various City staff and a citizen ad hoc advisory committee where issues relative to parks were discussed. The completed document represents an assessment of the community's needs from a parks perspective and establishes the framework for development of parks and trails with regard to those needs. The Parks Master Plan is based upon existing population and assumptions of future City growth. Mr. Schoenbauer answered questions from the Planning Commission regarding details of the Parks Master Plan. The Commission was in agreement that clarification may be required regarding criteria for park dedication, tree preservation policies and a process for modification after adoption John Howard, Parks Recreation Committee Chairman, advised that this document is considered a guide for park development and is intended to be flexible. Regular Planning Commission Meeting Minutes October 22, 1991 Page Five There was no further comment from the audience. Acting Chairperson Meyer closed the public hearing. MOTION by Edwards to accept the Parks Master Plan presentation and public comment and recommended Planning staff work with Mr. Schoenbauer regarding the concerns discussed; and, upon resolution of these issues, the Comprhensive Parks Plan and Development Guide be brought back to the Planning Commission for consideration of incorporating this document into the Rosemount Comprehensive Guide Plan. Second by Busho. Ayes: 4. Nays: 0. MOTION by Meyer to adjourn. Second by Edwards. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 8:10 p.m. Re g ctfully su 0 nab Donna Quintus Recording Secretary icy of osemouni PHONE (612) 423 -4411 2875 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 423 -5203 Mailing Address: Vernon Napper P. O. Box 510, Rosemount, Minnesota 55068 -0510 COUNCILMEMBERS Sheila Klassen Planning Commission John Oxborough Harry Willcox Regular Meeting Minutes November 12, 1991 Dennis Wippermann ADMINISTRATOR Stephan Jilk Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, November 12, 1991 at 5:00 p.m. Chairperson Hathaway called the meeting to order with members Gundacker, Edwards, Meyer and Busho present. Also present was Director of Planning Lisa Freese, City Administrator Stephan Jilk, Director of Parks and Recreation David Bechtold, and Engineering Technician Boyd Bailey. MOTION by Meyer to approve the October 22, 1991 Regular Planning Commission Meeting Minutes as presented. Second by Edwards. Ayes: 5. Nays: 0. Director of Planning Lisa Freese reminded the Commission of the upcoming Downtown Development Plan work session. This half -day session is scheduled for Saturday, November 23, 1991 in the Council Chambers of the City Hall from 8:00 a.m. until 12:00 noon. The work session will define and establish the framework for development of a downtown plan. Ms. Freese advised that the Planning Commission seat held by Kurt Gundacker will expire in December of this year. Mr. Gundacker was appointed in February, 1991 to complete the unexpired term of former Commissioner Daniel Huntington. City Council will soon be authorizing the initiation of the appointments process for the expired terms of all the City's commissions and committees. Mr. Gundacker was encouraged to reapply for the open three -year Planning Commission term. Director of Planning Freese discussed the updating of planning and rezoning fees. Planning staff is in the process of evaluating current fees and how they compare to those fees assessed by surrounding communities. Planning staff is also contemplating the establishment of additional fees for such activities as plan review, final plat, simple lot divisions /combinations, etc. Upon completion of this study, a proposed fee schedule and listing will be presented for Planning Commission review and recommendation to City Council. Director of Parks and Recreation David Bechtold discussed the Carrolls Woods Park design plans regarding public ingress /egress design and location to Carrolls Woods Park in the future Shannon Hills Third Addition. The original park dedication recommendation for the Shannon Hills subdivision designated a southeasterly Carrolls Woods location of approximately 27,000 square feet for access from the Shannon Hills subdivision. This recommendation has been re- evaluated as a result of the Carrolls Woods Master Park Plan study and the Parks and Recreation Committee has amended their original recommendation to require that a 24 -foot wide strip of land be dedicated for accessing Carrolls Woods at the southeasterly location through the Shannon Hills subdivision. MOTION by Busho recommending to City Council that the park dedication for the Shannon Hills development of .6198 acres on the southeast corner of Carrolls Woods Park be renegotiated during the final plat review of Shannon Hills Third Addition, in accordance with the recommendation of the Carrolls Woods Master Plan and that the Council direct staff to inform the developer of this intent via a letter at this time. Second by Meyer. Ayes: 5. Nays: 0. Sveryihings Coming 24 cRosemouni!! 0 .9u ,„crc,ea p.pe, Regular Planning Commission Meeting Minutes November 12, 1991 Page Two Dave Seligh, Koch Refining Co. Construction Manager, presented an overview of several major expansion projects that Koch Refining Co. will be undertaking within the next one to two years. Mr. Seligh briefly described the anticipated projects and discussed a proposed timeline for their completion. Koch representatives will work closely with Planning staff to provide site plan details requisite for staff and Planning Commission site plan review. Director of Planning Lisa Freese advised that Koch Refining Co. has submitted a site plan for an expansion of their existing administrative offices as well as the addition of a Changehouse Security Building, Cafeteria and Laboratory for a total expansion of approximately 132,351 square feet of space. In their review, a Development Review Committee, which includes City staff from the Planning, Utilities /Building, and Parks and Recreation Departments, has determined that several details of the site plan still need to be addressed. Planning staff also determined that a variance is required to permit surface parking closer than 40 feet to the front property line as delineated on the submitted site plan. A public hearing for the variance has been scheduled for the November 19th Regular Planning Commission Meeting. Planning Commission site plan review will follow that public hearing. No further action is required at this time. Chairperson Hathaway recessed the Regular Planning Commission Meeting and opened the Board of Appeals and Adjustments to hold the public hearing scheduled for 5:30 p.m. The Recording Secretary had in her possession Affidavits of Publication and Posted Hearing Notice. Director of Planning Lisa Freese discussed a proposal from Mr. Leon Endres, Endres Processing, Ltd., who has indicated he wishes to relocate his food /bakery product reprocessing business from Minneapolis to the Continental Nitrogen Resources Corp. (CNR) site located at 12955 Courthouse Boulevard and currently zoned IG General Industrial. Ms. Freese described the raw product Mr. Endres utilizes in his processing operation which consists of surplus or outdated bakery/cereal products. The finished product is a food ingredient for animals, primarily for poultry. It is Planning staff's determination that the raw materials incorporated in Mr. Endres' manufacturing process fits under the category of a non hazardous waste industry and should be regulated under the WM Waste Management District. Mr. Endres was in attendance and addressed several questions of the Planning Commission. Mr. Endres maintains that his business is considered a food processing operation and can be effectively regulated within the General Industrial District. He described his operation which entails collection, processing and marketing all from one site. The raw product would be stored in an enclosed structure with the maximum storage time being only one week. The Board was in possession of correspondence from CNR Plant Manager Tom House which stated that CNR has reviewed Mr. Endres' present operation in Minneapolis and has determined that this type of industry is appropriate for the proposed CNR site and would not create any negative environmental impacts. Board Chairperson Hathaway expressed her desire to work with Mr. Endres to accommodate his business in the City of Rosemount. Ms. Hathaway excused herself from her chair at 6:00 p.m. and Commissioner Meyer assumed the Chairperson duties. Ms. Judy Konop, 15646 Cornell Trail, stated she has worked in transportation for recycling plants. Ms. Konop expressed concern regarding material storage, rodents /pest control, water runoff, and public health dangers of the proposed operation. She believes the Waste Management District offers more regulatory authority for the City than the General Industrial District. Director of Planning Freese advised that the Board may wish to schedule a work session to discuss and clarify, on a broader scale, the Waste Management and General Industrial elements of the Zoning Ordinance before acting on this specific proposal. Regular Planning Commission Meeting Minutes November 12, 1991 Page Three There were no other comments from the audience. Acting Chairperson Meyer closed the public hearing at 6:20 p.m. MOTION by Edwards to uphold the Planning staff decision that Endres Processing Ltd. is considered a waste management industry. Second by Meyer. Ayes: Edwards, Meyer. Nays: Gundacker, Busho. Motion fails due to lack of majority vote. Boardmember Edwards stated his opinion that food materials not fit for human consumption, such as those proposed for this operation, should be considered waste and suggested the Board revisit the motion on this issue immediately upon review of Planning staff recommendation, and move in the positive of said staff recommendation. MOTION by Edwards to re- introduce his original motion with modification; said modification being that the words "is a" be deleted and replaced with the words "should be" so that his motion reads as follows: a motion "to uphold the Planning staff decision that Endres Processing Ltd. should be considered a waste management industry. Second by Meyer. Upon further discussion Boardmember Edwards withdrew his MOTION. MOTION by Meyer to table action on the Endres Processing, Ltd. proposal and interpretation until the next Regular Planning Commission Meeting. Second by Edwards. Ayes: 4. Nays: 0. Acting Chairperson Meyer closed the Board of Appeals and Adjustments and reconvened the November 12, 1991 Regular Planning Commission Meeting at 6:30 p.m. S MOTION by Gundacker directing that Planning staff schedule a Planning Commission Workshop for discussion and clarification of the General Industrial and Waste Management District aspects with regard to the Comprehensive Guide Plan and City of Rosemount Zoning Ordinance; and, further, that the City Council Members be invited to attend this workshop. Second by Edwards. Ayes: 4. Nays: 0. The Commission directed Planning staff to advise the Council Members of the Planning Commission invitation and the date of the Planning Commission Workshop. Director of Planning Lisa Freese presented an overview of the Cimarron Village Townhouse development. Ms. Freese advised that the site plan for the 36 -unit rental townhouse project was approved by the Planning Commission in 1990. The developer has experienced several delays in the project due to financing requirements; however, the developer has recently informed staff that they will be ready to begin construction before the end of this year. Ms. Freese advised that the site plan design is unchanged and does not require further Planning Commission action. Discussion of this project is presented for information only since three of the Commissioners were not involved with the earlier discussions and approval of the site plan. The Planning Commission was in consensus that the developer /architect, Stanley Fishman, be invited to a future Planning Commission Meeting for a presentation of the project and any changes that may have occurred. Commissioner Edwards stated he would be interested in any findings regarding traffic flow patterns and potential vehicular impact on abutting streets. MOTION by Meyer to adjourn. Second by Busho. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 6:55 p.m. R:• ectfullysubA, I onna Quintus Recording Sec etary ily of Rosemount PHONE (612) 423 -4411 2875 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 423 -5203 Mailing Address: Vernon Napper P. O. Box 510, Rosemount, Minnesota 55068 -0510 COUNCILMEMBERS Sheila Klassen John Oxborough Harry Willcox Planning Commission Dennis Wippermann ADMINISTRATOR Regular Meeting Minutes November 26, 1991 Stephan Jilk Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, November 26, 1991 at 5:00 p.m. Chairperson Hathaway called the meeting to order with members Gundacker, Edwards, Meyer and Busho present. Also present was Director of Planning Lisa Freese, City Attorney Eric Short and Consultant Dean Johnson, Resource Strategies Corporation (RSC). MOTION by Meyer to approve the November 12, 1991 Regular Planning Commission Meeting Minutes as presented. Second by Gundacker. Ayes: 5. Nays: 0. Commissioner Busho reported that a complaint had been given to her regarding Pro -Tune Snowmobile business. The complaint was after the major snow storm of October 31, 1991 and it referred to the noise that several new snowmobiles made while being driven around the Pro -Tune shop. Director Freese noted that if a commission member receives any complaints to please refer them to planning secretary Donna Quintus or herself for appropriate action. The project architect, Stan Fishman, of the Cimarron Village Townhouse Project and the developer, Mike Conlan, gave a brief overview of their previously approved project. They commented that they appreciate the support and help from the City Council, Planning Commission, Administration and the funding arrangement with Fannie Mae, the Union Pension Fund of AFL -CIO and from the Federal Home Loan Bank. These townhouses are designed as rental property for families of incomes of $30,000 to $35,000. Construction should begin in the next few months. Edwards inquired of any subsidy available for renters. Mr. Corlan responded that subsidy beyond the income limitation would not be available unless someone already has a Section 8 voucher. The townhouses will be managed by a separate company on site, the Westminster Corporation. Edwards asked about traffic flows and whether any study was done when the project was originally approved. Consultant Dean Johnson said traffic issues were considered, but they were not perceived as a problem. The entrance to the development is on Cimarron Avenue. There are accesses for emergency vehicles only on Dodd Boulevard and 145th Street West. Busho noted the size of the playground and that the location was visible to all units. Gundacker asked the planned rental cost of the units. Mr. Conlan responded that they will be an average of $650 per month for a three bedroom unit with a private entry and no increases are perceived at this time. Director Freese presented an amendment to the Planning Commission Bylaws regarding the term year. Under the proposed amendment, the term year would begin at the first Planning Commission Meeting in February because all Commissions will be regularly appointed at the second City Council meeting in January. Amendments to the bylaws must be announced at the meeting prior to adoption. Action will be requested at the next Planning Commission Meeting. The Public Hearing for Endres Processing LTD Zoning Ordinance Interpretation was moved to the end of the meeting agenda order to allow time for Mr. Endres to arrive. 6 veriyihinq s Coming UP Rosemount!! L 100 %,ecYd60!We Regular Planning Commission Meeting Minutes November 26, 1991 Planning Director Freese advised that the rezoning petition for USPCI to change Agricultural to Waste Management is required before the MICF can be approved. The background information was reviewed. Cary Perket from Environmental Engineering and Management answered questions explaining that it is a ten cell facility when complete. MOTION by Hathaway to recommend to City Council approval of the rezoning petition from Agricultural to Waste Management for the Minnesota Industrial Containment Facility (MICF). Second by Meyer. Ayes: 5. Nays: 0. Planning staff reviewed the site plan of the proposed Koch Refining Water Treatment Building Expansion and recommended approval subject to several conditions. Discussion followed with staff from Koch, Dan O'Brien and Tony Foreman. MOTION by Hathaway to recommend approval to City Council of the site plan for Koch Refining Water Treatment Building Expansion subject to the following conditions: 1. Percolation tests for the septic system shall be provided to the building inspection staff prior to installation and the septic system installed shall meet the design requirements deemed necessary by the Building Official. 2. Lighting specifications and locational details shall be provided to the Planning Department prior to issuance of the building permit. 3. A mulch blanket shall be installed on the newly seeded areas to allow the vegetation to establish itself. 4. There shall be no parking in fire lanes. Second by Gundacker. Ayes: 5. Nays: 0. 111 Director Freese reviewed the background of the Master Transmission Rezoning Petition. Dave McKinley, owner of Master Transmission located at 14805 South Robert Trail, proposes to expand his Auto Service related business by adding a two bay service area on the site. The property is zoned C -2 Community Commercial and he would request it to be zoned C -3 Highway Service Commercial which would permit his auto service business expansion. Director Freese noted that when the ordinance was changed in 1989, the C -2 District was modified to exclude auto related uses. At the City Council's direction, staff reviewed the minutes and tapes of the Special Council Meetings with discussion of these ordinance changes, but was unable to find a specific reference regarding this change. Discussions with previous Planning staff suggests that there was knowledge of the effect that the zoning ordinance change would have on existing businesses in this area of the downtown. In fact, the EDA contracted with James McComb to have a study done which developed a functional land use plan. Director Freese pointed out that this study's findings supports rezoning the area to C -3, but the study was never adopted by the City. A "Downtown Plan" process is underway, with the first workshop being conducted on November 23, 1991. The intent of this process is to obtain a definite direction for the future development of the downtown area. Director Freese suggested that this process should be completed prior to making a zoning change of this nature for Master Transmission. Several similar repair businesses in this general area of the downtown are legal non conforming uses." All of the service stations are zoned C -3. It was clarified that Pro -Tune did not receive a zoning change, but was considered a continuation of the previous legal non conforming use by the City Council's recent decision. Because of fire suppression costs Mr. McKinley changed his original plans of enlarging his building to an additional structure under 5000 square feet on his site. If approved, he will need to have a Planned Unit Development approved because of the multiple buildings and a site plan must be approved prior to obtaining a building permit. 2 Regular Planning Commission Meeting Minutes November 26, 1991 Director Freese suggested delaying this rezoning petition until the "Downtown Plan" is completed. Chairperson Hathaway suggested C-4 zoning would be more appropriate, realizing that a new petition process would have to be initiated. Meyer commented that Pro -Tune and Genz -Ryan would then be conforming in that zoning district, as would other businesses in that general area. The C-3 District is more restrictive, but several of the businesses that are non conforming in C -2 would be conforming in C- 3 in this general area. Busho commented that the area looks like a C-4 District now and it would be appropriate to include the other area businesses in a mass rezoning process. Attorney Short advised that City Council can act on the rezoning after 60 days. If it is delayed or tabled, after six months Mr. McKinley would be required to reapply for re- zoning. MOTION by Busho to recommend denial of the petition to rezone from C -2 to C-3 based on the findings that C -3 is inappropriate. SECOND by Gundacker. Ayes: 5. Nays: 0. Motion carried. Gundacker and Edwards commented it would be best to delay a re- zoning but with a time restriction of six months. MOTION by Gundacker to recommend that any rezoning in the area of Master Transmission not be done until the Downtown Plan is developed; however, if the City Council considers a rezoning, the Planning Commission would recommend that the C-4 zoning district be considered. SECOND by Edwards. Ayes: 5. Nays: 0. Motion carried. A preliminary plat for Rachels Wood subdivision which is located on the southeast comer of Dodd Boulevard and 120th Street West has been submitted for approval by Donovan and Sandra Tousignant. The Tousignants are requesting to readjust the lot lines to create two platted parcels: Lot 1, the northerly lot, would be 5.54 acres and Lot 2, the southerly lot, would be 5.59 acres. The subject property is zoned Rural Residential and does comply properly with the lot size requirement for the RR District. A condition of preliminary plat approval recommended by staff would be to change the right -of -way, as platted, from 33 feet to 30 feet which is now the correct footage. The City Council is scheduled to hold a Public Hearing on December 3, 1991. The final plat would be considered by the Planning Commission on December 10th with final plat approval by City Council at their December 17th meeting. The petitioner has a real estate closing set for December 31, 1991. The Planning Commission directed staff to send a letter to the realtor with the information documenting potential development constraints on the lot. MOTION by Hathaway to recommend to City Council to approve the Rachels Wood Preliminary Plat. Second by Gundacker. Ayes: 5. Nays: 0. Director Freese indicated that Mr. Endres had not been re- contacted this day and it was not known whether or not Mr. Endres intended to proceed with his project. Ms. Freese recommended deferring action at this time to allow discussion with Mr. Endres regarding his intentions for his proposed project. MOTION by Edwards to table the Endres Processing LTD Zoning Ordinance Interpretation to the next meeting and to contact him prior to the meeting to determine if he would have them proceed with no one in attendance. Second by Gundacker. Ayes: 5. Nays: 0. MOTION by Hathaway 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, Linda Jentink Recording Secretary 3 ily of Rosemount PHONE (612) 423 -4411 2875 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 423 -5203 Mailing Address: Vernon Napper P. O. Box 510, Rosemount, Minnesota 55068 -0510 COUNCILMEMBERS Sheila Klassen Planning Commission John Oxborough Harry Willcox Regular Meeting Minutes December 10, 1991 Dennis Wippermann ADMINISTRATOR Stephan Jilk Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, December 10, 1991 at 5:00 p.m. Chairperson Hathaway called the meeting to order with members Gundacker, Edwards, Meyer and Busho present. Also present was Director of Planning Lisa Freese, Planning Consultant Dean Johnson of Resource Strategies Corp. (RSC), and Director of Parks and Recreation David Bechtold. MOTION by Edwards to approve the November 26, 1991 Regular Planning Commission Meeting Minutes as presented. Second by Meyer. Ayes: 5. Nays: 0. Director of Planning Lisa Freese requested discussion of Item (4d) Rachels Wood Final Plat at this time to accommodate the schedule of Ms. Sandra Tousignant, property owner. Sandra Tousignant, 12055 Dodd Boulevard, has submitted Rachels Wood subdivision final plat for Planning Commission approval. Director of Planning Lisa Freese briefly reviewed the proposed subdivision which entails the reconfiguration of a common lot line between two metes and bounds parcels located in the RR Rural Residential District. The resulting two lots of the Rachels Wood final plat meet the five -acre minimum lot requirement and are consistent with all other zoning and subdivision ordinance criteria for the RR District. Public Works Director /Building Official Ron Wasmund has recommended that the drainage and utility easements shown along the lot lines be removed because such easements are not typically required on rural lots. MOTION by Hathaway to recommend to City Council approval of the Rachels Wood final plat subject to the City of Rosemount Public Works Director's recommendation for removal of the drainage and utility easements as shown along the lot lines. Second by Meyer. Ayes: 5. Nays: 0. Director of Planning Freese reviewed a proposed fee schedule and listing for planning and zoning related applications and review processes. After a comparison of the current fee schedule to those fees assessed by surrounding communities, Planning staff recommends the establishment of fees for additional Planning Department activities, as well as an update of the current fees, consistent with those collected by metro communities similar in size to the City of Rosemount. Ms. Freese explained the basis and procedure for calculation of the proposed fees. MOTION by Hathaway to recommend that the City Council approve the 1992 Planning and Zoning Review Fees. Second by Gundacker. Ayes: 5. Nays: 0. Discussion was held regarding a proposed amendment to the Rosemount Planning Commission Bylaws which would establish a specific beginning and ending calendar date for a Planning Commission appointee's three -year term. The proposed amendment is recommended so as to be consistent with Council's time schedule for the application and selection process for appointments to the various City Commissions /Committees. Appointments are declared at the City Council second meeting in January with an appointee's term beginning on February 1. cSveryihings Coming 4p cRosemouni!! Regular Planning Commission Meeting Minutes December 10, 1991 Page Two MOTION by Hathaway to approve Amendment No. 4 of the Bylaws of the Rosemount Planning Commission and to forward the amendment to City Council for ratification. Second by Meyer. Ayes: 5. Nays: 0. Koch Refining Company has submitted a revised site plan for their Administration Building expansion project. Although the revised plan meets the required 40 -foot front yard setback for parking in the IG General Industrial District, Planning staff has noted that there may be remaining issues related to overall design of the parking lots and the fact that no provisions have been made for pedestrian walkways or foundation plantings around the Administration Building. Director of Planning Freese advised that the Planning Commission may wish to consider a variance to front yard setback to allow for improved parking lot design, pedestrian walkways and foundation plantings. In a recent meeting between Planning staff, Koch Refining Co. representatives, and Ellerbe Becket, project architects, Koch stated their willingness to resolve all site issues identified by Planning staff. However, in order to facilitate a demanding construction schedule, Koch officials discussed whether the City would consider a concept for "conditional approval" of the project which would allow them to begin construction. Final details for complete utility plans, stormwater management, landscaping and parking lot design would be submitted, as they become available, to the appropriate staff for review and final approval. Planning staff indicated they may be willing to recommend "conditional approval" of the site plan once the parking issues are resolved and if Koch were willing to enter into a Development Contract and post a Letter of Credit in an amount determined by the Planning Commission to be sufficient to assure compliance with landscaping and parking lot minimum ordinance requirements. Chairperson Hathaway recessed the December 10, 1991 Regular Planning Commission Meeting and opened the Board of Appeals and Adjustments to conduct a public hearing scheduled for 5:30 p.m. The Recording Secretary had in her possession Affidavits of Publication, Posted, and Mailing Hearing Notices. St. Joseph's Catholic Church has petitioned the City for a variance to fence height requirements to permit the replacement of a damaged 4 -foot fence with an 8 -foot fence along the east side of the St. Joseph's Parochial School playground area. The proposed replacement fence would be identical to an existing 8 -foot high chain link fence on the south side of the playground area. The Zoning Ordinance permits 30 -inch high fences in the front yard and 6 -foot high fences in the side and rear yards. Planning staff recommends approval of the requested variance based upon the playground location relative to STH 3. Approval of this variance would meet the intent of the Zoning Ordinance because a higher fence would reduce the risk for typical playground equipment leaving the confines of the playground which, in turn, would contribute to the safety of children as well as vehicular movement along the busy street. Because a chain link fence is opaque, there would be no sight distance interference for vehicular movement entering and exiting STH 3 from South Robert Square or the church driveway. There were no comments from the audience. Chairperson Hathaway closed the Public Hearing. MOTION by Hathaway to approve the variance petition as requested by St. Joseph's Catholic Church for a fence height variance because it meets the requirements of Section 15.2 of the Zoning Ordinance. Second by Busho. Ayes: 5. Nays: 0. Chairperson Hathaway closed the Board of Appeals and Adjustments at 5:40 p.m. and reconvened the December 10, 1991 Regular Planning Commission Meeting. Regular Planning Commission Meeting Minutes December 10, 1991 Page Three Discussion continued regarding the Koch Refining Co. Administrative Building Expansion /Remodeling project. Rob Reis, Design Engineer for Ellerbe Becket, presented drawings and outlined the details of the proposed Administrative Building expansion project which included structure placement, as well as structure locations for future building phases, vehicular movement throughout the site, ingress /egress to the site, distribution of parking and an artist's rendering of the elevations. Director of Planning Freese stated that MnDOT has indicated they will allow access to Highway 55 from the southerly parking lot. Dave Seligh, Construction Manager for Koch Refining Co., advised that Koch would like to pursue the variance to front yard parking lot setback to allow for improved parking design. Mr. Seligh was advised that, should Koch elect to apply for a variance, the petition should be submitted to the Planning Department so as to set the hearing for the January 14, 1992 Regular Planning Commission Meeting. Commissioner Edwards requested that Planning staff consult with the city attorney to determine whether a Letter of Credit, Escrow Account, Surety Bond, or other assurance would be the most beneficial to the City and puts the City in the best position should it become necessary to exercise that option at some point. MOTION by Edwards to recommend that Planning staff and the city attorney draft a Development Agreement for the Planning Commission's approval at the next Regular Planning Commission Meeting 1111 granting conditional approval of the Koch Refining Co. Administrative Buildings Expansion site plan. Second by Hathaway. Ayes: 5. Nays: 0. Leon Endres, Endres Processing Ltd., has notified Planning staff that he is considering relocating his business on property outside the Rosemount city limits. He has requested that action on the Zoning Interpretation Appeal to permit his waste processing industry in the IG General Industrial District be tabled until the next Regular Planning Commission Meeting. MOTION by Edwards to postpone action until the first regular meeting in January, 1992 for final resolution of the Leon Endres Zoning Ordinance interpretation. Second by Meyer. Ayes: 5. Nays: 0. Concerns originally expressed by the Planning Commission regarding criteria for park dedication, tree preservation and the process for modification after adoption of the Master Parks Plan have been resolved to Planning staff satisfaction. Director of Planning Lisa Freese reviewed and clarified the issues of concern. MOTION by Busho to recommend that City Council approve the Master Parks Plan as an element of the Comprehensive Guide Plan and forward a Major Guide Plan Amendment to the Metropolitan Council for the Parks Plan. Second by Hathaway. Ayes: 5. Nays: 0. MOTION by Edwards to cancel the December 24, 1991 Regular Planning Commission Meeting. Second by Hathaway. Ayes: 5. Nays: 0. Director of Planning Lisa Freese updated the Commission on the USPCI rezoning petition and Interim Use Permit (IUP) Agreement. Council action on the rezoning petition for the southeast portion of the Minnesota Industrial Containment Facility (MICF) site was continued until the January 7, 1992 City Council Meeting. The Planning Commission will review the terms of the IUP Agreement and make Regular Planning Commission Meeting Minutes December 10, 199, Page Four formal recommendation to Council. Formal action by the Planning Commission will also be required for site plan review. Dean Johnson, RSC, presented an overview of the components of the draft IUP Agreement and highlighted some of the requirements as set out by the permit. The IUP would allow the first three containment cells to be developed within the five -year term of the permit. Both the Minnesota Pollution Control Agency Permit and the Dakota County License will be incorporated into the IUP as conditions. MOTION by Busho to adjourn. Second by Meyer. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 7:10 p.m. RAre ctfully silt Donna Quintus Recording Secretary