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HomeMy WebLinkAbout1992 4 ily of osemoun1 PHONE (612) 423-4411 2875 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 423-5203 Mailing Address: Edward B. McMenomy P.O. Box 510, Rosemount, Minnesota 55068 -0510 COUNCILMEMBERS Sheila Klassen Planning Commission James (Red) Staats Harry Willcox Dennis Wippermann Regular Meeting Minutes January 14, 1992 ADMINISTRATOR Stephan Jilk Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, January 14, 1992 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. MOTION by Edwards to approve the December 10, 1991 Regular Planning Commission Meeting Minutes as presented. Second by Busho. Ayes: 4. Nays: 0. Director of Planning Lisa Freese discussed the Koch Refining Company revised site plan for their Administration Building /Expansion project. Although there are minor details to work out with regard to parking layout and landscaping, Ms. Freese advised that Planning staff is comfortable that the latest submittal of the overall site design represents a stabilized plan for proposed structure placement and recommended approval subject to the conditions of an executed Site Plan Agreement. This Agreement will provide the City with a Letter of Credit for $402,257, which has been determined to be sufficient to cover landscaping and parking lot ordinance compliance. The proposed Agreement will also place a condition for occupancy of the first completed structure. Submittal of a final site plan, which meets all of the minimum ordinance criteria, will be required before issuance of a Certificate of Occupancy for the Change House or by July, 1992, whichever is sooner. The Planning Commission concurred that the Letter of Credit be effective throughout the entire project to assure complete ordinance compliance. MOTION by Busho to approve the Koch Refining Company Administration Building /Expansion Project site plan subject to an executed Agreement and receipt of a Letter of Credit for $402,257; and, further, that Koch Refining maintain a minimum of 700 parking spaces with this project which may not to be reduced in number by future Koch Refining Company projects. Second by Gundacker. Ayes: 4. Nays: 0. Director of Planning Freese reviewed the request from David McKinley to rezone his commercial property located at 14805 South Robert Trail from C -2 Community Commercial to C-4 General Commercial to permit an expansion of his current auto related business. Mr. McKinley's business, Master Transmission, is currently considered a legal non conforming use because it was legally established prior to 1989 when the Zoning Ordinance was changed. At their December 3, 1991 meeting, City Council concurred with the Planning Commission's recommendation to rezone the subject property from C -2 to C-4, rather than the originally requested C -3 zoning. The C-4 zoning is consistent with the existing use on this property as well as the surrounding commercial uses. Recent studies have indicated that this area of the downtown is suited for C-4 General Commercial uses and it appears that a downtown plan will confirm that this area is outside the central business district area and that general commercial uses are appropriate for the location. However, Council has chosen to initiate the rezoning of the Master Transmission site prior to the completion of the downtown plan. Overyihings coming CUP gosemounill recycled paver Regular Planning Commission Meeting Minutes January 14, 1992 Page Two Director of Planning Freese advised that approval of the rezoning of the Master Transmission site does not constitute approval for the proposed expansion. Rezoning of the property renders Master Transmission a permitted use for the property. The Planning Commission will have the opportunity to review a site plan for a Master Transmission expansion project to determine compliance with minimum ordinance requirements for the C-4 District. MOTION by Gundacker to recommend to City Council approval of the rezoning of Lot 2, Block 1, Evenson First Addition (Master Transmission site) from C -2 Community Commercial to C-4 General Commercial. Second by Meyer. Ayes: 4. Nays: 0. Planning staff has been notified by Leon Endres, Endres Processing Ltd., that he has officially withdrawn his Zoning Ordinance appeal to staff interpretation of permitted uses in the IG General Industrial District. Planning staff had determined that the establishment of a food recycling business would require WM Waste Management zoning. Mr. Endres informed Planning staff that he has decided to locate his company in the Lunda Construction building located in Coates, MN. MOTION by Edwards that since Leon Endres Processing, Inc. has officially withdrawn his appeal, the Planning Commission should remove this from their Agenda, without action. Second by Meyer. Ayes: 4. Nays: 0. On December 19, 1991 the Metropolitan Council selected the "Dakota" search area as the final new airport search area which represents approximately one -third of the City of Rosemount. Metropolitan Council guidelines for land protection and land use changes and the procedures for Metropolitan Council review of applications for changes in zoning, zoning variances, or conditional uses, including planned unit developments within the final search area for a new major airport were distributed to the Commission for their review. The Planning Commissioners advised that they would appreciate a presentation from Mr. Robert Overby, Metropolitan Council staff, for discussion of the guidelines and to answer questions. Planning staff will coordinate a joint meeting with the City Council and other interested Committees and persons and apprise the Commission of a date for a presentation. The City of Rosemount has applied for two Metropolitan Council Planning Assistance Loans: 1) for completion of the Rosemount Comprehensive Guide Plan Update; and 2) additional City Planning staff to compensate for time spent on the required review and planning process for the identified major airport search area. Planning staff will keep the Board updated as to the Metropolitan Council's action regarding the awarding of these loans. Metropolitan Council Chair Mary E. Anderson has notified Planning Staff that Metropolitan Council staff has determined that the City of Rosemount's proposed Amendment No. 20, Clarification of Waste Management and Public and Institutional Uses, has no potential impact upon any of the metropolitan system plans. The City may place the amendment into effect immediately. Planning staff recommends that no action be taken until the official 60 -day Metropolitan Council review period ends on February 11, 1992. MOTION by Meyer to adjourn. Second by Gundacker. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 6:35 p.m. Re y tfull sub F' /O .nna Quin us Recording Secr= ry i 1 y of osemouni PHONE (612) 423 -4411 2875 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 423 -5203 Mailing Address: Edward B. McMenomy P.O. Box 510, Rosemount, Minnesota 55068-0510 COUNCILMEMBERS Sheila Klassen Planning Commission James (Red) Staats V Harry Willcox Regular Meeting Minutes January 28, 1992 Dennis wippermann 9 9 January ADMINISTRATOR Stephan Jilk Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on Tuesday, January 28, 1992 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, Assistant Planner Richard Pearson, Public Works Director /Building Official Ron Wasmund, and consultant Dean Johnson, Resource Strategies, Corp. (RSC). MOTION by Meyer to approve the January 14, 1992 Regular Planning Commission Meeting Minutes as presented. Second by Gundacker. Ayes: 5. Nays: 0. Director of Planning Lisa Freese reported that the Metropolitan Council has established guidelines and a review process for the evaluation of project and development proposals for properties lying within the Metropolitan Airport Search Area. Planning Director Freese will arrange for an informative presentation from a Metropolitan Council representative to review the guidelines and the proposed Dakota Area Site Selection process. Director of Planning Lisa Freese introduced Richard Pearson who recently joined the City of Rosemount Planning Department staff in the position of Assistant Planner. The Commissioners congratulated Rick and welcomed him to the City of Rosemount. Director of Planning Freese announced the Annual Planning Institute Land Use Planning Workshops designed especially for planning commissioners and elected officials for reinforcement of their ability to effectively contribute to solving land use problems. These workshops are being offered on Thursday, February 13th or Saturday, March 14th, from 9:00 a.m. 4 :30 p.m. Commissioners that are interested in attending should contact Planning staff so that registrations may be submitted. Planning Commissioner John F. Edwards II presented his letter of resignation as a Rosemount Planning Commissioner, effective January 28, 1992, following adjournment of this meeting. Mr. Edwards advised that he has accepted an appointment to the City of Rosemount Port Authority. The Commissioners and Planning staff congratulated John and expressed their gratitude and appreciation for his active participation, sincerity, and interest in the Planning Commission activities. Mr. Edwards thanked Planning staff and the Commission for their part in making his role as a Commissioner a beneficial and rewarding experience. Bob Pulford, USPCI, was in attendance to request approval of the site plan for the Minnesota Industrial Containment Facility proposed to be located at 13425 Courthouse Boulevard in the industrial area of eastern Rosemount. Director of Planning Lisa Freese reviewed the details of the site plan noting that building layout and circulation meet minimum Zoning Ordinance requirements. It was noted, however, that the American Disabilities Act has established new handicapped parking standards which will cause a modification to parking lot layout to accommodate the new handicapped parking criteria. It was also noted that the site plan does not address erosion control measures for the berm to ensure establishment of the landscaping. Planning staff recommends 6ver s oming Up cRosemounill recvaed oane( Regular Planning Commission Meeting Minutes January 28, 1992 Page Two approval of the site plan subject to the conditions noted and to include the requirement for a letter of credit for the guarantee of berm and landscaping completion and establishment. MOTION by Hathaway to approve the site plan for the USPCI Minnesota Industrial Containment Facility subject to: 1) the handicap parking must meet the requirements of the American Disabilities Act; 2) prior to issuance of the grading permit, an erosion control plan for the berm must be approved by the Building Official; 3) all plant materials must be installed in accordance with accepted Minnesota Nursery Association Guidelines and Standards; and 4) a letter of credit for the berm, erosion control and landscape materials totalling $175,000 must be submitted per the Planning Department's specifications. Second by Busho. Ayes: 5. Nays: 0. Dean Johnson, RSC, reviewed and highlighted the conditions of the Interim Use Permit (IUP) Agreement for the Minnesota Industrial Containment Facility. The Agreement serves as the IUP and incorporates and encompasses the provisions of the Dakota County and Minnesota Pollution Control Agency MnPCA) permits. Although revisions have been made to the document to satisfy the majority of the concerns of both the City and USPCI, there still remain some outstanding issues. Those issues are as follows: 1) Term: The City has a five -year term with an extension clause. This is consistent with the MnPCA permit term and the City of Rosemount Zoning Ordinance which requires all other necessary agency permits to be issued prior to City permit issuance. USPCI has requested a III 30 -year term, renewable every five years. 2 Notice for incident Reporting: USPCI has requested a two -week period for City notification of Type A incidents while the City has required notification within two hours. 3) Termination: USPCI desires modification to the termination procedure to allow a 30-day notice of violations to provide USPCI the opportunity to respond and correct the violation prior to termination of the Agreement. Mr. Pulford advised that these issues were minor and, in the interest of timing, stated he supported Planning staff recommendation for approval. It was the consensus of the Planning Commission that clarification of Type A incidents, including a brief summary of specific incidents, may be appropriate; however, they felt that the two -hour reporting requirement was not unreasonable. The Commission also agreed that modifications to the wording of the 'Term" and "Termination" clauses could be phrased to satisfy both the City's and USPCI's needs regarding the term of the IUP and to also provide a reasonable period of time for violation correction by USPCI prior to instigating termination procedures. MOTION by Hathaway to recommend approval of the USPCI Minnesota Industrial Containment Facility Interim Use Permit Agreement dated January 23, 1992. Second by Meyer. Ayes: 5. Nays: 0. Director of Planning Lisa Freese provided an overview of the previous mining activities of the Lance Johnson property located west of Rich Valley Boulevard in Section 14, Range 19, and the provisions of past Mining Permit Conditions. Mr. Lance Johnson has requested renewal of his Mining Permit for 1992. In the past, Bituminous Roadways, has served as the pit operator. Last year it was discovered that Bituminous Roadways had encroached on abutting property to the north of the mining site. The conditions for approval of the 1991 Mining permit included the requirement for restoration of this Regular Planning Commission Meeting Minutes January 28, 1992 Page Three property as well as 75 feet from the property line on the Lance Johnson site. Bituminous Roadways has advised that the abutting property has been restored; however, the setback area on the Lance Johnson site has not been restored. Planning staff is recommending that the surety posted by Bituminous Roadways for $34,000 remain effective until restoration of the 75 -foot setback area of the site has been completed by Bituminous Roadways. Mr. Johnson has advised that Friedges Landscaping will be the primary operator for 1992 and will be directing all mining operations. The applicant has also suggested the potential exists for multiple operators in 1992. In light of this, legal counsel for the City has recommended that Mr. Johnson be required to post the surety rather than the contract operator. The Public Works Department has established a surety amount based upon $2,000 per acre which means Mr. Johnson will be required to post a $68,000 surety for his 34 -acre mining site. Additionally, Planning staff recommends a requirement for a reclamation plan for Phase 1 for completion of Phase 1 by the end of 1993. Currently all three phases are in operation. The concept behind the phasing plan requirement is to limit the area under excavation and exposed to the elements. This condition has been added to the Mining Permit Conditions. Mr. Lance Johnson expressed concern for the additional conditions of the proposed permit noting that the requirement for restoration of the setback area by Bituminous Roadways should not be made a condition of the 1992 permit. This is a separate issue and it should be a separate agreement between Bituminous Roadways and the City. He noted that City Council reduced the $2,000 per acre requirement to $1,000 in 1991 and that he found the $1,000 per acre figure more reasonable and that III his preference is for the pit operator to post surety. Further, Mr. Johnson stated that there is still material to be mined in Phase 1 and described the mining activity as minimal, with no deep cavities nor is there any mining below grade. Discussion was held wherein the Planning Commission agreed that the recommended Mining Permit Conditions proposed by staff were appropriate and that it is not unreasonable for the property owner to be responsible and accountable for his own property. MOTION by Hathaway to recommend to City Council approval of the Lance Johnson Mining Permit subject to the Mining Permit Conditions for 1992. Second by Gundacker. Commissioner Edwards stated that, due to conflict, he would refrain from voting on this motion. Vote on the Motion: Ayes: Gundacker, Hathaway, Meyer, Busho. Nays: 0. Abstain: Edwards. Motion passed. Steve Fiterman, Ground Development Corporation, has requested final plat approval for the third phase of the Shannon Hills Planned Unit Development. The plat consists of 26 single family lots encompassing 11 acres, situated east of Shannon Parkway at 143rd Street West. The property was zoned R -1 Single Family Residential in 1989. The Shannon Hills 3rd Addition final plat is consistent with the PUD Agreement and preliminary plat which was approved in 1989. On January 20, 1992, the Parks and Recreation Committee reviewed and approved the proposed park land dedication identified as Outlot A. The balance of the dedication required for this plat is to be paid as a cash contribution. Ill Planning staff recommends approval of Shannon Hills 3rd Addition final plat, subject to the conditions for park dedication and an executed Development Agreement. Regular Planning Commission Meeting Minutes January 28, 1992 Page Four MOTION by Busho to recommend to City Council approval of Shannon Hills 3rd Addition, subject to referral back to the Parks and Recreation Committee for further review of the proposed park land dedication. Upon further discussion, Commissioner Busho withdrew her motion. MOTION by Edwards to recommend to City Council approval of Shannon Hills 3rd Addition subject to: 1) park land dedication of Outlot A and a cash contribution for the balance; and 2) an executed Subdivision Development Agreement. Second by Hathaway. Director of Planning Lisa Freese advised that the Planning Commission recommendation for approval will be carried to City Council with a unified staff recommendation. Any miscommunication between staff regarding park land dedication will be resolved prior to the Council Meeting on February 4, 1992. Vote on the Motion: Ayes: Gundacker, Edwards, Hathaway, Meyer. Nays: Busho. Motion passed. Tim Broback, Rosemount Development Company, has requested final plat approval for West Ridge Fourth Addition. The 32 single family lot subdivision encompasses 12 acres and is situated east of the proposed Diamond Path Road between Upper 156th Street and 155th Street. The property is zoned AG Agriculture; therefore, a rezoning to R -1 Single Family Residential is required prior to final plat approval. The developer has also modified the phasing of this development which has reduced the number of lots for the fourth phase. This change in the phasing will necessitate an amendment to the West Ridge Addition PUD to reflect the new phasing plan. The plat is consistent with the preliminary plat, approved in 1987, and meets the conditions of the PUD Agreement. MOTION by Hathaway to recommend to City Council approval of the rezoning of West Ridge Fourth Addition from AG Agriculture to R -1 Single Family Residential. Second by Meyer. Ayes: 5. Nays: 0. MOTION by Gundacker to recommend to City Council approval of the revised phasing plan for the West Ridge Planned Unit Development to include the addition of Phase 5 and a modification to Phase 4. Second by Edwards. Ayes: 5. Nays: 0. MOTION by Hathaway to recommend to City Council approval of the final plat for West Ridge Fourth Addition subject to: 1) plat revisions meeting Dakota County requirements for right -of -way for CSAH. No.33; and 2) an executed Subdivision Development Agreement. Second by Gundacker. Ayes: 5. Nays: 0. Conny Wenzel has petitioned for a rezoning of a ten -acre parcel from AG Agriculture to RR Rural Residential to allow a metes and bounds lot division of her property into two five -acre parcels. The subject property is situated on the west side of Bacardi Avenue, south of the easement for the future 130th Street extension. The proposed lot division meets the minimum lot dimension requirements of the Rural Residential District. A Street Easement Agreement exists for the entire ten -acre parcel. Planning staff recommends that, should the lot division be approved, the easement agreement should be revised to encompass only the northerly parcel. The proposed division of property meets the definition of land subdivision regarding park land dedication. The Parks and Recreation Committee has recommended a cash in lieu of land park dedication. Regular Planning Commission Meeting Minutes January 28, 1992 Page Five MOTION by Hathaway to recommend to City Council approval of the rezoning of the property legally described under P.I.D. No. 34 -02110 -012 -29 from AG Agriculture to RR Rural Residential and further acknowledging consistency of this rezoning with the Rosemount Comprehensive Guide Plan. Second by Busho. Ayes: 5. Nays: 0. MOTION by Gundacker to recommend to City Council approval of a request from Ms. Conny Wenzel for a lot division of a ten -acre parcel legally described under P.I.D. No. 34- 02110- 012 -29 subject to: 1) cash dedication in lieu of land for parks; 2) the completion of percolation tests demonstrating that both five -acre lots can be developed with septic tank systems; 3) the revision of the 130th Street Easement Agreement, to include only the northerly lot description; 4) the delineation of the driveway locations on the survey per the Public Works Director's approval; and 5) a letter or revised application signed by the co -owner of the property reflecting agreement to the lot division. Second by Meyer. Ayes: 5. Nays: 0. MOTION by Busho to adjourn. Second by Edwards. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 7:55 p.m. Res. -ctfully sub 4 --C(.41(.17Z Donna Quintus Recording Secretary ily of Rosemount *HONE (612) 423-4411 2875 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 423-5203 Mailing Address: Edward B. McMenomy P.O. Box 510, Rosemount, Minnesota 55068-0510 COUNCILMEMBERS Sheila Klassen James (Red) Staats TO: Planning Commission Harry Willcox Dennis Wippermann City Council ADMINISTRATOR City Department Directors Stephan Jilk FROM: Lisa Freese, Director of Planning DATE: February 7, 1992 RE: February 11, 1992 Regular Planning Commission Meeting Cancellation Please be advised, the February 11, 1992 Regular Planning Commission Meeting is cancelled. Commissioner Gundacker has indicated a schedule conflict and will not be able to attend this meeting. Also, newly appointed Commissioner Jay Baago has informed Planning staff that, due to personal reasons, he is unable to commit to attendance at this meeting. After consulting with Chairperson Sheila Hathawy, it was decided to cancel the meeting. It was my intent that this meeting could serve as a review session to summarize last year's Planning Commission activities and to discuss anticipated projects /proposals for 1992. Nominations for Planning Commission officers would also normally be a part of this agenda. However, since there is the potential for the attendance of only three Commission members at the February 11th meeting and the fact that there are no regular items scheduled for Planning Commission action, it seems appropriate to cancel this meeting. The next Planning Commission Meeting will be held at 5:00 p.m. on Tuesday, February 25. 1992. The Planning Commission Bylaws call for an Annual Meeting to be held in February of each year for the purpose of holding elections for the Planning Commission Chairperson and Secretary. Therefore, the next regularly scheduled meeting will be the Annual Planning Commission Meeting. 41, US veryihing's Coming UG p t Rosemounl!! recycled Pape, ic of osemouni PHONE (612) 423 -4411 2875 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 423.5203 Mailing Address: Edward B. McMenomy P.O. Box 510, Rosemount, Minnesota 55068 -0510 COUNCILMEMBERS Sheila Klassen Planning Commission James (Red) Staats Harry Willcox Annual Meeting Minutes February 25, 1992 Dennis Wippermann ADMINISTRATOR Stephan Jilk City Administrator Stephan Jilk administered the Oath of Office for newly appointed Planning Commissioner Jay Baago. Mr. Baago was appointed by City Council to serve the remaining two years of John Edwards' three -year term. The Planning Commissioners and staff extended a welcome to new commissioner Jay Baago. Pursuant to due call and notice thereof the Annual Meeting of the Planning Commission was duly held on Tuesday, February 25, 1992 at 5:00 p.m. Chairperson Hathaway called the meeting to order with members Gundacker, Busho, and Baago present. Also present was City Administrator Stephan Jilk, Director of Planning Lisa Freese, and Assistant Planner Rick Pearson. MOTION by Hathaway to nominate Al Meyer as Planning Commission Chairperson; and, to nominate Cathy Busho as Planning Commission Vice Chairperson. Second by Gundacker. Ayes: 4; Nays: 0. MOTION by Gundacker to close the nominations. Second by Busho. Ayes: 4; Nays: 0. MOTION by Gundacker to cast a unanimous ballot to elect Al Meyer as Planning Commission Chairperson; and, to elect Cathy Busho as Planning Commission Vice Chairperson. Second by Hathaway. Ayes: 4; Nays: 0. In the absence of newly elected Planning Commission Chairperson Meyer, Vice- Chairperson Busho assumed the duties of the Chair at this time. MOTION by Hathaway to approve the January 28, 1992 Regular Meeting Minutes as presented. Second by Gundacker. Ayes: 4. Nays: 0. Vice Chairperson Busho moved to item 7(a) under New Business at this time. The Planning Commission was provided with proposed new Planning Commission Bylaws. As directed by the City's Administration Department, all formal City Commissions and Committees have been requested to review and update their bylaws by eliminating any items that are already clearly addressed in the City Ordinance, in an attempt to reduce redundancy and bring them up -to -date with current City practices. Although there are some minor changes, the proposed bylaws will have minimum impact on the current Planning Commission policies and procedures. If approved by the Commission, these bylaws will be presented to the City Council for ratification. Vice Chairperson Busho discussed changing the hours of the Planning Commission Meeting from 5:00 to possibly 6:30 or 7:00 p.m. Ms. Busho stated she felt more Rosemount residents may become involved in Planning Commission issues if the meeting time was more convenient to their work schedules. It was agreed that staff and the Commissioners would study this proposal and requested that this item be brought up at a future meeting for discussion. Planning staff advised that, since a new meeting time may impact the 1992 Planning Department budget, it would be appropriate to discuss the implementation of a new meeting time concurrent with City budget discussions. S verylhing s coming cRosemounl! recycled paper Annual Planning Commission Meeting Minutes February 25, 1992 Page Two MOTION by Gundacker to approve the revised Planning Commission Bylaws as presented. Second by Baago. Ayes: Gundacker, Busho, Hathaway, Baago. Nays: 0. Director of Planning Lisa Freese presented an overview of the different types and number of cases reviewed by the Plannning Commission in 1990 and 1991. The number of variances that were evaluated by the Planning Commission in 1991 doubled in number from 1990. Discussion included target areas that may be more likely to require variances, due to older nonconforming established lots, and techniques that may be implemented to address these neighborhoods. The Commissioners agreed that the issue of variances warrants further study and discussion to determine whether a reduction in variance requests can be addressed through the zoning or subdivision ordinances. Director of Planning Lisa Freese highlighted and presented an overview of anticipated projects for the Planning Department /Planning Commission for 1992, and outlined a proposed work program and schedule for completion of projects. Some of the principal projects listed were the Comprehensive Guide Plan Update; TH 52 Study; Pine Bend Utility Feasibility Study; Downtown Study; Flood Plain Ordinance; Sign Ordinance Enforcement. Commissioner Hathaway excused herself from her chair at 6:00 p.m. The discussion regarding the typical role of the Planning Commission and the procedure for the conduct of a meeting will be on a future agenda when a full Commission is in attendance for comment and input. MOTION by Gundacker to adjourn. Second by Baago. Ayes: Busho, Baago, Gundacker. Nays: 0. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 6:15 p.m. Res tfully su ed, Donna Quintu Recording Secretary 410 i cy of Rosemount HONE (612) 423 -4411 2875 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 423-5203 Mailing Address: Edward B. McMenomy P.O. Box 510, Rosemount, Minnesota 55068-0510 COUNCILMEMBERS Sheila Klassen James (Red) Staats Planning ommission Harry Willcox g Dennis Wippermann Regular Meeting Minutes March 10, 1992 ADStlephanRJilkOR Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on Tuesday, March 10, 1992 at 5:30 p.m. Chairperson Meyer called the meeting to order with members Busho and Baago present. Also present was Assistant Planner Rick Pearson. MOTION by Busho to approve the February 25, 1992 Regular Meeting Minutes as presented. Second by Baago. Ayes: Busho, Meyer, Baago. Nays: 0 Chairperson Meyer moved to Item 5(a) under New Business at this time. Tom O'Leary, Rosemount Properties of Minneapolis and developer of the Carrollton 2nd Addition Planned Unit Development, has requested final plat approval of Carrollton 4th Addition which is located south of Dodd Boulevard and east of Shannon Parkway. This plat represents the final phase of three phases of the Carrollton 2nd Addition PUD and consists of 39 single family lots of the total 126 -lot single family development. The property is currently zoned R -1 Single Family Residential and is consistent with the Carrollton 2nd Addition Preliminary Plat/Planned Unit Development. All zoning and subdivision ordinance requirements have been met with the exception of lot frontage which was waived to a minimum of 75 feet by the PUD Agreement. Recent discussions have been held by both the City Council and Planning Commission regarding the adverse affects of permitting lots narrower than the 80 -foot minimum lot width established in the Zoning Ordinance. In an attempt to address this issue in the Carrollton 4th Addition, Planning staff has determined that to require 80 -foot lot widths in this subdivision, the developer would forfeit approximately five lots. This is due to the location of a City required 35 -foot wide easement for park and utility purposes, located between Lots 7 and 8, Block 3 and between Lots 5 and 6, Block 2. Mr. O'Leary stated that he is aware of the City's concerns for the narrower lots and, in an effort to reduce variance requests, has agreed to notify potential buyers and contractors, in a signed Lot Hold Agreement, that the City will be disinclined to approve any future side yard variance requests. MOTION by Meyer to recommend to City Council approval of Carrollton 4th Addition final plat subject to: 1) engineering plans and specifications and the required utility easement approval by the City Public Works Director; 2) eight -foot wide bituminous trail to be installed by the developer within the easement between Lots 7 and 8, Block 3, connecting Clancy Avenue to the eastern property line; 3) City services to be provided to the exception between Block 2 and Block 6; and 4) an executed Subdivision Development Agreement for Carrollton 4th Addition. Second by Busho. Ayes: Meyer, Baago, Busho. Nays: 0. 6veriyih ngs eomang gip cRosemounz!! C a ll recycled pane, Regular Planning Commission Meeting Minutes March 10, 1992 Page Two Assistant Planner Rick Pearson directed the Commission's attention to an excerpted chapter from the book, "The Job of the Planning Commissioner" by Albert Solnit for the American Planning Association that had been distributed in the Planning Commission information packets. Mr. Pearson advised that the information provided in this handout provides an overview of the typical role of the Planning Commission and the function of a meeting. After discussion, the Commissioners concurred that they found the article to be relevant and beneficial in defining the role of a Planning Commissioner. Assistant Planner Pearson advised that Director of Planning Lisa Freese has tentatively scheduled a joint City Council /Planning Commission Special Meeting for March 31, 1992 at 6:30 p.m. The purpose of this meeting is to provide representatives from Metropolitan Council and Metropolitan Airports Commission the opportunity to discuss and answer questions regarding the guidelines that have been established for review of applications for changes in zoning, variances, conditional uses and planned unit developments within the final search area for a new major airport and to discuss the airport relocation site selection process. The Commissioners will be notified of the details of the Special Meeting when they are available. As directed at the last Planning Commission Meeting, Director of Planning Lisa Freese has drafted a resolution for adoption by the Planning Commission expressing support for the creation and establishment of a development and redevelopment plan for downtown Rosemount. It was the consensus of the Commission that this resolution be adopted and forwarded to City Council. The Commission further directed that Planning staff forward a copy of this resolution to both the Rosemount Chamber of Commerce and the Rosemount Port Authority to show that the Planning Commission supports their efforts to establish a Downtown Plan. MOTION by Meyer to adopt Planning Commission Resolution 1992 -1, A RESOLUTION SUPPORTING THE DOWNTOWN PLAN. Second by Busho. Ayes: Baago, Busho, Meyer. Nays: 0. MOTION by Meyer to adjourn. Second by Baago. Ayes: Busho, Meyer, Baago. Nays: 0. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 6:15 p.m. Re tfully sub i onna Quintus Recording Sectary CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION RESOLUTION 1992 -1 A RESOLUTION SUPPORTING THE DOWNTOWN PLAN WHEREAS, the Planning Commission acknowledges that the Downtown area is a vital commercial component and an important identifying factor for the City of Rosemount; and WHEREAS, the existing zoning in the downtown and downtown definitions and policies in the existing Comprehensive Guide Plan do not provide adequate guidance for land use decisions in the downtown; and WHEREAS, during the past year the Planning Commission has dealt with several downtown land use issues and the Commission believes that the resulting conflicts could have been handled more smoothly if the City had already developed a consensus through a land use planning process; and WHEREAS, the Planning Commission acknowledges that both the McComb /Hoisington Study conducted in 1990 by the Economic Development Authority and the discussion completed by the Planning Commission and City Council regarding the Comprehensive Guide Plan Update provide an excellent foundation for developing a consensus building plan; and WHEREAS, the Planning Commission strongly believes that thoughtful planning should be completed in advance of trying to solicit or entertain development proposals, especially where potential exists for City participation through Tax Increment Financing; and WHEREAS, the Planning Commission is concerned that because of the continuing strength in the City's residential housing market and pending nonresidential developments, including the National Guard Armory, will increase interest in development in the Downtown Commercial area. NOW, THEREFORE, BE IT RESOLVED, the Planning Commission feels it is necessary for the City to complete a small area planning process that builds a shared vision for the Downtown; and BE IT FURTHER RESOLVED, the Planning Commission requests that the City Council proceed expeditiously and work with the Port Authority and Chamber of Commerce to initiate and complete such a plan; and BE IT FINALLY RESOLVED, the Planning Commission encourages the City Council to support a process that will provide the Planning Commission ample opportunity for input into the Downtown Plan. ADOPTED this 10th day of March, 1992. Al Meyer, Chairperson ATTEST: by Bu o, Vi Chairperson Motion by: MEYER Seconded by: BUSHO Voted in favor: BAAGO, BUSHO, MEYER. Voted against: NONE icy o g osemovuni O PHONE (612) 423 -4411 2875 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 423 -5203 Mailing Address: Edward B. McMenomy P.O. Box 510, Rosemount, Minnesota 55068 -0510 COUNCILMEMBERS Sheila Klassen James (Red) Staats Planning Commission Harry Willcox 1 g 1. Dennis Wippermann Regular Meeting Minutes M a r c h 24, 1992 A D Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on Tuesday, March 24, 1992 at 5:00 p.m. Chairperson Meyer called the meeting to order with members Busho and Baago present. Also present was Assistant Planner Rick Pearson. MOTION by Busho to approve the March 10, 1992 Regular Meeting Minutes as presented. Second by Baago. Ayes: Busho, Meyer, Baago. Nays: 0 Jerry Fluegel, Fluegel Elevator Inc., has requested site plan approval to allow him to erect a 1,008 square foot temporary greenhouse structure on his property located at 14700 South Robert Trail. The subject property is zoned C -2 Community Commercial and situated in the Central Business District of Rosemount. Assistant Planner Rick Pearson advised that proposed setbacks and parking meet the minimum Zoning Ordinance requirements for the C -2 District. In reviewing this request, Planning staff has determined that, due to the temporary nature of the structure, it is difficult to enforce the landscaping requirements; however, the Planning Commission may wish to recommend landscape treatment elsewhere on the property. Commissioner Gundacker arrived at 5:05 p.m. Assistant Planner Pearson noted that the Zoning Ordinance does not address architectural standards for temporary structures. Planning staff recommends approval of the submitted site plan from Mr. FluegeI subject to conditions for structure placement, parking and elimination of the structure and related retail activities by July 1, 1992. Upon review of the site plan, the Commission agreed that landscaping should not be a requirement for the temporary greenhouse structure. MOTION by Meyer to approve the site plan for a temporary greenhouse, to be located at 14700 South Robert Trail, as submitted by Jerry Fluegel, subject to the following: 1) location of the greenhouse as indicated on the site plan and as approved by the Building Official; 2) that no currently available parking be eliminated; and 3) that the portable greenhouse be completely removed as of July 1, 1992. Second by Busho. Ayes: Meyer, Baago, Gundacker, Busho. Nays: 0. Mr. Kurt Swenson, Koch Refining Company, was in attendance and requested approval of an 88' x 36' addition to an existing warehouse which would be used for chemical storage. The concrete block addition will be constructed to comply with OSHA regulations including the installation of a specialized sprinkler system in both the proposed expansion and the existing structure. In review of this proposal, Planning staff 5 veryihing's eoming cRosemounlll tJ recycled paps Regular Planning Commission Meeting Minutes March 24, 1992 Page Two has determined that there are no setback, parking or building aesthetic issues. The location of the structure is well within the Koch complex and not visible from any roads. Planning staff recommends that required landscaping, in an amount equivalent to the amount that would be required for the expansion, be transferred to the front yard for boulevard enhancement. Koch representatives have agreed to comply with this request. MOTION by Meyer to approve the site plan for a chemical storage warehouse addition as requested by Koch Refining Company, subject to: 1) provision of landscaping to be approved by the Rosemount Planning Department; 2) conformance with appropriate building and fire codes; and 3) conformance with Ordinance B, City of Rosemount Zoning Ordinance. Second by Baago. Ayes: Baago, Gundacker, Busho, Meyer. Nays: 0. MOTION by Gundacker to adjourn. Second by Busho. Ayes: Gundacker, Busho, Meyer, Baago. Nays: 0. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 5:20 p.m. Respectfully submitted, Donna Quintus Recording Secretary (i of osemouni 4110 HONE (612) 423 -4411 2875 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 423 -5203 Mailing Address: Edward B. McMenomy P.O. Box 510, Rosemount, Minnesota 55068 -0510 COUNCILMEMBERS Sheila Klassen James (Red) Staats Planning Commission Harry Willcox Dennis Wippermann Regular Meeting Minutes April 14, 1992 ADMINISTRATOR Stephan J1lk Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on Tuesday, April 14, 1992 at 5:00 p.m. Chairperson Meyer called the meeting to order with members Busho and Baago present. Also present was Director of Planning Lisa Freese, Assistant Planner Rick Pearson, and legal consultant Mike Miles. Other City officials in attendance were Mayor E.B. McMenomy, Councilmember Klassen, and Port Authority Members Dunn and Sinnwell. Planning Chairperson Meyer requested the April 14, 1992 Planning Commission Agenda be amended to include Item 3(c) "Living in the Airport Search Area" Seminar Overview. MOTION by Busho to approve the March 24, 1992 Regular Meeting Minutes as presented. Second by Baago. Ayes: Busho, Meyer, Baago. Nays: 0. Assistant Planner Rick Pearson advised that CMC Heartland Partners of Chicago, Illinois has requested Planning Commission discussion and comment on a concept plan for developing a mix of single family detached housing and some attached housing on a 226 -acre parcel. The subject property (frequently referred to as the CNW site) is located north of County Road 42, south of the Chicago and Northwestern Railroad tracks, and east of Biscayne Avenue. Assistant Planner Pearson informed the Commission that the property is currently zoned Agriculture and designated Urban Residential in the Comprehensive Guide Plan. Mr. Pearson further noted that this property is identified by Metropolitan Council as within the Metropolitan Urban Service Area (MUSA). In 1986, Metropolitan Council approved a comprehensive guide plan amendment to include this property in the MUSA, based upon the proposed industrial use; however, due to a withdrawal of the industrial proposal for the site, formal action was not taken by the City Council. Planning staff is attempting to verify whether the MUSA designation is subject to re- evaluation due to the proposed change in land use. Consideration of the CMC Heartland Partners' proposal is dependent upon Planning Commission's, and ultimately the Council's, evaluation as to the appropriateness of a residential use for this property. Planning staff advised that, for CMC Heartland to continue with this proposal, the Planning Commission should determine the following: 1) Is the land use designation of Urban Residential still appropriate for this site? 2) If the current land use designation is still valid, what overall densities should be achieved? 3) Should there be higher densities than the R -1 density, and, if so, where should the higher densities be situated on the property? Reid Hansen, attorney and local counsel representing the applicant, introduced representatives of CMC Heartland Realtors who 'were in attendance at the meeting. Wayne Delfino, Vice President in charge of Development for CMC Heartland, Joseph Hollett, CMC Heartland Director of Construction, Peter Pfister, architect for Boarman, Kroos, Pfister Associates, and John Johnson, J.C. Johnson Consulting, presented, for discussion, a proposal for mixed residential development for the CNW site and requested Planning Commission comments and direction to guide them in preparing a concept development plan for formal submittal. 6 veryiking's @oming `21'9 IRosemounil! C at recycled paper Regular Planning Commission Meeting Minutes April 14, 1992 Page Two 4111 Mr. Delfino presented an overview of the CMC Heartland Realty partnership, a reorganized successor to the Chicago- Milwaukee Railroad Company, which is authorized to develop company held properties throughout the country. In discussions regarding the CMC Heartland property in Rosemount, company officials became aware that the CNW site was available for purchase. Due to its proximity to CMC Heartland owned property (located north of County Road 42, just west of Grief Bros.), the company recognized a potential for expanded development opportunities and secured an option on the property. Mr. Delfino advised that internal and external market studies and feasibility analyses is performed for each of their properties and the CNW property studies indicated a great potential for residential use. Mr. Peter Pfister provided a brief outline of the proposal with regard to 1) site access; 2) Bacardi Avenue extension with an at -grade crossing at the railroad tracks; 3) sewer and water accessibility; 4) identification of wetland areas, drainage plan, and water retention areas; 4) park and open space locations; and 5) land use concept for residential mixture of R -1 Single Family Residential, R -2 Single Family Attached, and R -1C proposed single family cluster housing (zero lot line). Mr. Joseph Hollett described the three proposed housing types as follows: 1) R -1 Single Family Residential at a density of 2.5 units per acre on 10,000 square foot lots and comprising approximately 80 percent of the entire development; 2) R -1 Single Family Attached consisting of two townhouse clusters proposed to be located near the access points for minimal traffic impact on the R -1 areas, and comprising approximately 10 percent of the entire development; and, finally, 3) R -1C which entails approximately 76 single family homes with a density of 3.2 units per acre on smaller lots and constituting nearly 10 percent of the entire development. Discussion was held by the Commission with questions raised regarding proposed higher density of the cluster housing with lots smaller than minimum ordinance requirements, impact of residential use on sewer capacity (MUSA), and frequency of train traffic on railroad tracks abutting northerly boundary of this property. The Planning Commission generally agreed to the residential concept for this site; however, a preference for lower densities was expressed. The Commission directed Planning staff to convey to City Council the following recommendations and issues that should be addressed by the developer: 1) Planning Commission concern for densities greater than minimum ordinance requirements of 2.5 units per acre; 2) a request for a formal traffic study for analysis of traffic impact on 145th Street through the downtown area; 3) distribution of copies of the Market Study, performed for the CNW site, to enable the City to determine whether increased density is feasible; 4) definitive plan for traffic movement and circulation within the development with particular attention given to safety measures, especially along the railroad tracks; 5) what provisions for adequate berming along the railroad tracks are proposed or what should the City require to ensure sufficient berm treatment to guarantee public safety; and 6) submittal of detailed information on the cluster housing proposed. MOTION by Meyer that CMC Heartland Partners present their concept proposal to City Council and to address the issues raised by the Planning Commission. Second by Busho. Ayes: Meyer, Baago, Busho. Nays: 0. Director of Planning Lisa Freese advised that on April 7th the staff Development Review Committee met with a representative from the National Park Service (NPS). Ms. Freese outlined the history for the establishment of the Mississippi River Coordinating Commission, which was organized "to protect, Regular Planning Commission Meeting Minutes April 14, 1992 Page Three d o preserve, and enhance the significant values of the waters and land of the Mississippi River corridor within the St. Paul Minneapolis area." Its members represent state and local government, commercial and environmental interests, and the general public. This group is working with the NPS to develop a comprehensive management plan for the Mississippi National River and Recreation Area and have requested comment and input on alternative concept plans for development and management of that portion of the Mississippi that stretches from the Crow to the St. Croix rivers. Ms. Freese directed the Commission's attention to the information distributed in their packets which includes a "response form" providing them the opportunity to participate in formulating the management plan. Commissioners Meyer and Baago advised that they had attended a conference, sponsored by Dakota County, on April 3, 1992 regarding relocation of the Metropolitan Airport, specifically "Living in the Airport Search Area." Commissioner Baago presented highlights of the speakers and seminar content. Both Mr. Meyer and Mr. Baago felt the conference was very informative and urged other Commission members to consider attendance at future scheduled airport conferences /seminars. Chairperson Meyer recessed the Regular Planning Commission Meeting at 6:30 p.m. to allow for a Special Port Authority Meeting scheduled at this time. The regular meeting was reconvened at 6:40 p.m. in the City Hall Conference Room. Director of Planning Lisa Freese discussed a proposed strategy for the completion of the revised Comprehensive Guide Plan. The Planning Commission discussed the proposed schedule for joint sessions with City Council and reviewed staffing needs for completion of the Guide Plan. Proposed staffing includes retaining Mr. Fred Hoisington to complete the tasks agreed upon in the original staffing plan and hiring a summer intern to assist with research and document compilation. The remaining tasks would be handled by the Planning staff with technical support from other City Departments, as required. MOTION by Busho to recommend to City Council approval of the staff proposed meeting schedule and staffing recommendations necessary for completion of the Comprehensive Guide Plan to include: 1) hiring of a planning intern; 2) contract agreement for planning consultant; 3) a traffic study of western Rosemount; and 4) a utility feasibility study for eastern Rosemount. Second by Baago. Ayes: Baago, Busho, Meyer. MOTION by Busho to adjourn. Second by Meyer. Ayes: Meyer, Baago, Busho. Nays: 0. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 7:50 p.m. Respectfully submitted, Donna Quintus Recording Secretary ily o osemouni HONE (612) 423-4411 2875 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 423 -5203 Mailing Address: Edward B. McMenomy P.O. Box 510, Rosemount, Minnesota 55068 -0510 COUNCILMEMBERS Sheila Klassen James (Red) Staats Harry Willcox Planning Commission Dennis Wippermann Regular Meeting Minutes April 28, 1992 ADMINISTRATOR g P Stephan Jilk Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on Tuesday, April 28, 1992 at 5:02 p.m. Chairperson Meyer called the meeting to order with members Busho, Gundacker, Hathaway and Baago present. Also present was Director of Planning Lisa Freese, Assistant Planner Rick Pearson, and legal consultant Mike Miles. Planning Chairperson Meyer requested the April 28, 1992 Planning Commission Agenda be amended to include Item 4(e) Seminar Review by Rick Pearson. MOTION by Gundacker to approve the April 14, 1992 Regular Meeting Minutes as presented. Second by Busho. Ayes: Gundacker, Busho, Meyer, Hathaway, Baago. Nays: 0. Director of Planning Lisa Freese made several announcements. Tuesday, May 12, at 7:00 p.m. the Airport Commission and Metropolitan Council will meet with city officials, staff and public on the Airport Relocation Planning Process. City Council has set their Goal Setting/Town Meeting schedule for 1992 and 1993. Their first meeting with all commissions will be on Wednesday, May 13th, at 6:30 p.m. Review of the Comprehensive Guide Plan Update will resume with a meeting scheduled on Tuesday, May 26th, at 6:30 p.m. and a second meeting on Tuesday, June 30th, at 6:30 p.m. Director Freese requested each Commissioner to provide the Planning Department with schedules for May and June to assist with scheduling Special Meetings. Commissioner Baago asked whether Councilmember Klassen had arranged for Dr. Phil Raup to speak to the City regarding the airport issue. Director Freese noted that the City Council had discussed this opportunity, but it could not be scheduled at this time The Planning Commission agreed that his presentation would enhance the Guide Plan discussion and requested that staff look into the feasibility of arranging it. At Chairperson Meyer's request, the Planning Commission moved to Item 6(a) Ever Green Gardens Site Plan Review to accommodate Mr. Scott Gunhus who was waiting in the audience for discussion of his proposal. Rick Pearson, Assistant Planner, summarized Mr. Gunhus' request for site plan approval to permit construction of a temporary green house to be located at 3450 151st Street West. Present zoning of the site is C -4 General Commercial. Mr. Pearson noted that setback requirements have been met and adequate parking is provided. This will be a temporary structure and a building permit will be issued with a condition that the structure be removed within 180 days after permit issuance. Planning staff recommends approval of the site plan subject to four conditions. Mr. Gunhus was asked if any of the conditions stated would pose any problems for him. He stated that he agreed to comply with all the conditions. S veryiking s Coming Up cRosemounill recycled paper Regular Planning Conunission Meeting April 28, 1992 Page Two MOTION by Meyer to approve the Site Plan Review for a temporary green house subject to: 1) location of the green house as indicated (west side of property, behind store) and as approved by the Building Official; 2) that the parking lot be striped and that no inventory materials displace ordinance required parking; 3) prior to issuance of the building permit, provision of a revised site plan indicating striped parking and striped inventory areas to be approved by the Nanning Department; and 4) conformance with all applicable Building and Fire Codes. Second by Hathaway. Ayes: Busho, Meyer, Hathaway, Baago, Gundacker. Nays: 0. Director Freese discussed the status of the University of Minnesota- Rosemount Campus Master Plan Update and the role that the City could potentially have in the update process. Director Freese briefly reviewed the existing Master Plan developed in 1977. The Planning Commission directed staff to contact Mr. Clint Hewitt of the University of Minnesota to speak to the Planning Commission. The Planning Commission would like to have Mr. Hewitt present a summary of the current activities at the Rosemount Campus and to provide information about the University's plan update process. Director Freese reviewed the Planning Department /Planning Commission work program and noted changes in the scheduling that have occurred since February 25th when the Planning Commission approved the Program. Assistant Planner Pearson summarized the Planning Department's recent code enforcement effort on signs and yard maintenance. The Planning Commission inquired about the Downtown Plan. Director Freese indicated that the decision on the Plan is likely to proceed once the new Economic Development Coordinator position is filled. Assistant Planner Rick Pearson reported that he had attended a seminar in St. Paul on April 28th and 29th. Funded by the Economic Development Administration of the U.S. Department of Commerce, the seminar was entitled "Beyond Boom and Bust: Managing Sustainable Community Growth." The information provided was primarily of a regional nature and would have to be implemented on the metropolitan level. Information provided at the seminar and related workshops would be assembled into a package and presented to Congress later in the summer or early fall. The Planning Commission indicated interest in some of the issues that could stimulate additional discussions regarding the Comprehensive Guide Plan Update. Director Freese indicated that, due to the Special City Council Meeting with department heads, the Planning Commission would not be able to complete the Comprehensive Guide Plan discussion scheduled on the agenda. Director Freese asked the Planning Commission to consider a Special Meeting on the Comrpehensive Guide Plan. Chairperson Meyer directed scheduling of a Special Planning Commission Meeting on Monday, May 18, 1992 at 6:30 p.m. for the expressed purpose of discussing the Comprehensive Guide Plan. MOTION by Meyer to adjourn. Second by Baago. Ayes: Meyer, Hathaway, Baago, Gundacker, Busho. Nays: 0. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 6:35 p.m. Respectfully submitted, Linda Jentink Recording Secretary ily of Rosemount O HONE (612) 423 -4411 2875 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 423-5203 Mailing Address: Edward B. McMenomy P.O. Box 510, Rosemount, Minnesota 55068 -0510 COUNCILMEMBERS Sheila Klassen James (Red) Staats Planning Commission Harry Willcox Dennis Wippermann Regular Meeting Minutes May 12, 1992 ADMINISTRATOR Stephan Jilk Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on Tuesday, May 12, 1992 at 5:00 p.m. Chairperson Meyer called the meeting to order with members Busho, Hathaway, and Baago present. Also present was Director of Planning Lisa Freese, and Assistant Planner Rick Pearson. Other City officials in attendance were Port Authority Member Dunn. MOTION by Busho to approve the April 28, 1992 Regular Meeting Minutes as presented. Second by Baago. Ayes: Busho, Meyer, Hathaway, Baago. Nays: 0. Director of Planning Lisa Freese reminded the Commission of the Special City Council Meeting scheduled for Wednesday, May 13, 1992 at 6:30 p.m. The Council has requested attendance by all official City Commissions and Committees for the purpose of conducting a "goal setting" session. Ms. Freese urged all the Commissioners to attend and to provide comments, suggestions and recommendations for concurrence on common goals and direction for the City, and to assist in prioritizing those goals. Assistant Planner Rick Pearson advised that CMC Heartland Partners of Chicago, Illinois has requested that discussion regarding their proposal for a concept planned unit development and an amendment to the Comprehensive Guide Plan be withdrawn from this agenda to allow them the opportunity to resolve issues regarding sanitary sewer capacity and phasing of their proposed development. Planning staff will continue discussion with CMC representatives and provide direction on issues regarding the sewer capacity of the Rosemount Wastewater Treatment Plant. Director of Planning Lisa Freese advised that Planning staff has drafted a set of text amendments to the City of Rosemount Zoning and Subdivision Ordinances. These amendments are limited to non- controversial issues and are supportive of existing regulations and policies. Assistant Planner Pearson noted the addition of definitions for Lot Depth and Lot Line, Rear and further clarification to the definition of Lot Width. Proposed amendments to Section 3.2 of the Zoning Ordinance include establishment of minimum lot depth requirements and an increase in minimum lot area for corner lots pertaining to all Residential Districts, with the exception of the Rural Residential and C -1 Districts. Subdivision Ordinance amendments address minimum lot width for corner lots and minimum centerline offset intersection standards for both local and collector streets for improved traffic flow. Proposed minimum requirements are consistent with current policies and standards. Director of Planning Freese discussed proposed amendments that would provide: 1) consistent policies for "appeals" to City Council for both site plans and variances; 2) setting up the criteria for reviewing 410 "appeals" to decisions of the Board of Appeals and Adjustments; 3) a requirement for City Council to Sverylhtngs ?oming gip cRosemount!! Regular Planning Commission Meeting Minutes May 12, 1992 Page Two hold Public Hearings for Mineral Extraction Permits; 4) establishment of criteria and standards for "findings" regarding appeals to City Council; and 5) additional clarification of standards for fences. 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. Chairperson Meyer opened the public hearing to receive input on the Variance Petition submitted by Mr. Larry W. Helland. The recording secretary had in her possession Affidavits of Publication and Mailed and Posted Hearing Notice. Mr. Helland, 4125 Upper 145th Street West, has petitioned the City for a variance to side yard (street) setback to allow him to construct a 728 square foot detached garage to within 8' 4" of his westerly property line. The subject property is a corner lot located at the intersection of Upper 145th Street West and Dallara Avenue and requires a side yard (street) setback of 30 feet in the R -1 Single Family District. The proposed double garage will replace a previous single -stall detached garage which also encroached into the setback area. Mr. Helland stated that the former garage was torn down due to unsafe structural conditions. Assistant Planner Rick Pearson advised that the subdivision, Broback Second Addition, was platted in 1965, predating current Subdivision and Zoning Ordinances. Mr. Pearson identified lot constraints which limit the area that can be built on in order to comply with current setback regulations. These constraints include existing structure placement, layout of street, and existing utility easements on the property. There are four corner lots within this subdivision that have garages that are nonconforming in side yard (street) setbacks. Planning staff recommends approval of Mr. Helland's request due to property constraints which make this request consistent with the required conditions for approving variances. Chairperson Meyer closed the public hearing at 5:45 p.m. MOTION by Meyer to approve the variance petition of Larry Helland to allow construction of a 725 square foot detached garage to within 8' 4" of the west property line of Lot 4, Block 2, Broback Second Addition because this request meets the requirements of Section 15.2 of the Zoning Ordinance. Second by Hathaway. Ayes: Meyer, Hathaway, Baago, Busho. Nays: 0. Chairperson Meyer opened the public hearing to receive input on the Variance Petition submitted by Mr. Rolland J. Sachs. The recording secretary had in her possession Affidavits of Publication and Mailed and Posted Hearing Notice. Mr. Rolland Sachs, 3155 145th Street East, has petitioned the City for a variance to maximum aggregate total square footage for accessory structures in the AG Agriculture District. The current ordinance allows a maximum aggregate total of 2400 square feet of area for detached accessory structures on properties under 20 acres in size within the Agriculture District and situated east of Akron Avenue. Mr. Sachs wishes to construct a 2400 square foot metal pole building in addition to two existing accessory structures which, when combined, equal 2400 square feet. Assistant Planner Pearson advised that Mr. Sachs' property, located north of CR 42 just west of TH 52, consists of 1.86 acres and, due to proximity from all streets and significant terrain features, is not visible from the roadway. Assistant Planner Pearson recapped the circumstances surrounding Mr. Sachs' original request for a building permit in Regular Planning Commission Meeting Minutes May 12, 1992 Page Three 1988. At that time, staff required him to plat his property, along with two of his neighbors, and approval of a building permit for a 54' x 60' pole building was granted subject to City Council approval of the final plat. Mr. Sachs described the uses of the existing accessory structures and why he is reluctant to remove these buildings. He stated the proposed building would house one dump truck and two semi trucks which are used in his trucking business, as well as other personal items. When his original building permit was approved in 1988, he was unable to procure a construction loan because of water contamination issues that affected his property value. Also, the staff required platting of the property which delayed construction of the building. Mr. Sachs maintained that he had not been informed of the time limitation regarding acquisition of his building permit. Myron Napper, 3381 145th Street East, and Glenn Kassube, 3137 145th Street East, were both present in the audience and stated their support for variance approval. Vernon Napper, 3405 145th Street East, former Mayor for the City of Rosemount, discussed his active participation in the discussions and evaluation of the recommended revisions to the Zoning Ordinance which was approved in 1989. Mr. Napper stated his recollection of the discussions and debate regarding the issues relative to regulation of pole buildings in eastern Rosemount. He suggested that staff may want to review the tapes for discussions relevant to pole buildings and stated there may be a discrepancy as to what was actually approved and what is stated in the final copy of the Zoning Ordinance. Mr. III Napper acknowledged that this variance request does not meet the criteria for a variance. There were no further comments from the audience. Chairperson Meyer closed the public hearing at 6:26 p.m. MOTION by Baago to table action on the request from Mr. Rolland Sachs until such time as staff can review the tapes of ordinance revision discussions relative to regulations for pole buildings in eastern Rosemount; and, further, directed Planning staff to provide a summary of the results of these discussions and the formal action that may have occurred. Second by Busho. Ayes: Hathaway, Baago, Busho, Meyer. Nays: 0. Chairperson Meyer closed the Board of Appeals and Adjustments and reconvened the May 12, 1992 Regular Planning Commission Meeting at 6:30 p.m. Discussion continued on the proposed amendments to the Zoning and Subdivision Ordinances. The Planning Commission concurred with the draft amendments submitted by Planning staff. However, there was general agreement that further clarification for fence regulations is desired. Planning staff was directed to review the fence regulations and provide additional definition for: 1) utility fencing; 2) athletic fencing; 3) electric fencing; 4) barb wire fencing; and 5) security fencing. Also, fence types should be evaluated and specified as permitted uses in appropriate zoning districts. III MOTION by Meyer to recommend approval of the text amendments for Ordinance XVII.4, City of Rosemount Subdivision Ordinance, and Ordinance B City of Rosemount Zoning Ordinance as presented by Planning staff with the exception of the proposed amendments to Section 7.2, Subsection C, regarding fence regulations. Second by Busho. Ayes: Baago, Busho, Meyer, Hathaway. Nays: 0. Regular Planning Commission Meeting Minutes May 12, 1992 Page Four Director of Planning Lisa Freese discussed recent developments and the details surrounding capacity issues of the Rosemount Wastewater Treatment Plant. In 1986 the City of Rosemount negotiated an agreement with the City of Apple Valley to divert wastewater flow for certain subdivisions in Section 31 to the Empire Treatment Plant, due to service constraints for gravity flow of sanitary sewers in this section. The Empire Treatment Plant expansion has recently been completed and the Metropolitan Waste Control Commission is willing to entertain servicing a larger area through that plant. By diverting all of Section 31 to the Empire Plant, the City would alleviate current capacity issues regarding the Rosemount Treatment Plant and be in a better position to entertain future development proposals. The Metropolitan Waste Control Commission (MWCC) and the Metropolitan Council staff have indicated support of the City's desire to divert the flows from Section 31 to the Empire Treatment Plant. It is necessary to submit a Comprehensive Guide Plan Amendment for the West Ridge /Wensmann connection, so it is Metropolitan Council staff's suggestion that the City include the entire area's service redesignation under the same amendment. MOTION by Busho to recommend that City Council set a Public Hearing for the Comprehensive Guide Plan Amendment Sewer Service Plan. Second by Hathaway. Ayes: Busho, Meyer, Hathaway, Baago. Nays: 0. MOTION by Meyer to adjourn. Second by Baago. Ayes: Meyer, Hathaway, Baago, Busho. Nays: 0. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 7:00 p.m. Respectfully submitted, Donna Quintus Recording Secretary ily o g osemouna O HONE (612) 423 -4411 2875 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 423 -5203 Mailing Address: Edward B. McMenomy P.O. Box 510, Rosemount, Minnesota 55068 -0510 COUNCILMEMBERS Sheila Klassen Planning Commission James (Red) Staats Harry Willcox SPECIAL MEETING MINUTES MAY 18, 1992 Dennis Wippermann ADMINISTRATOR Stephan Jilk Pursuant to due call and notice thereof a Special Meeting of the Planning Commission was duly held on Tuesday, May 18, 1992 at 6:30 p.m. Chairperson Meyer called the meeting to order with members Gundacker and Baago in attendance. Also present was Director of Planning Lisa Freese and Assistant Planner Rick Pearson. Director of Planning Lisa Freese explained that the purpose of this Special Meeting was to conduct a tour of the City of Rosemount to familiarize the Commission members with the diverse land use issues that they will be (confronting) (considering) in their review and recommendation for the City of Rosemount Comprehensive Guide Plan Update. The Commission concurred that some of the elements that should be examined include the following: 1) whether or not to encourage and promote the establishment of a Waste Management Campus (WM District) on the U of M property; 2) development of a framework and set direction for land use of U of M property; i 3) provision of public utilities to the Pine Bend industrial area and limit non- sewered industrial development (policy statement); 4) development of criteria for addressing industrial waste; 5) determine whether or not to encourage the realignment and request participation from MnDOT for the redesign of STH 3. The City's intent regarding this issue should be stated in the revised document and then planned for accordingly; 6) identification of "transition" districts and development of policies for development of these districts that will preserve natural land features; 7) establish boundaries for single family, commercial, and industrial land uses. Planning Commissioner Busho arrived at 7:00 p.m. The tour of the City began at this time. The Commission observed and provided comment on several districts of the City including the commercial/retail area north and south along South Robert Trail, existing and potential commercial properties along CSAH 42; current vacant Industrial Park zoned property along Diamond Path; open space and the potential development of the Kelley Trust property along Shannon Parkway; the University of Minnesota Rosemount Research Center properties; agriculture areas; and concluded with the Pine Bend industrial properties in northeastern Rosemount. At the conclusion of the tour the Commissioners discussed the respective roles of the Planning Commission and the Port Authority in their capacity as advisory bodies to City Council. They 6verylhing s @oming gip gosemouni!! Special Planning Commission Meeting May 18, 1992 Page Two requested a clear delineation and definition of the functions of each commission to clarify accountability to Council. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 9:00 p.m. Respectfully submitted, Donna Quintus Recording Secretary zy of Rosemount ',HONE (612) 423 -4411 2875 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 423-5203 Mailing Address: Edward B. McMenomy P.O. Box 510, Rosemount, Minnesota 55068 -0510 COUNCtLMEMBERS Sheila Klassen James (Red) Staats Planning Commission Harry Willcox Dennis Wippermann Regular Meeting Minutes May 26, 19p 92 AD MINISTRATOR g J Stephan Jilk Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on Tuesday, May 26, 1992 at 5:00 p.m. Chairperson Meyer called the meeting to order with members Gundacker and Busho present. Also present was Director of Planning Lisa Freese, Assistant Planner Rick Pearson, and Planning Intern Marie Darling. MOTION by Gundacker to approve the May 12, 1992 Regular Meeting Minutes as presented. Second by Busho. Ayes: Gundacker, Busho, Meyer. Nays: 0. Planning Intern Marie Darling was introduced to the Commission. Ms. Darling is a graduate student from the University of Kansas where she is working on her masters in Urban and Regional Planning. She has been commissioned by the City for the summer months and will be assisting the Planning Department with the update of the Comprehensive Guide Plan. The Commissioners extended a welcome to Marie. Assistant Planner Rick Pearson reviewed Planning staff's memo outlining planning staff recommendations for expanded Zoning Ordinance regulations regarding fences. As directed by the Planning Commission at their last meeting, planning staff conducted a study of fencing regulations of adjacent communities and developed policies for regulation of fences within the City of Rosemount. In their recommendation, Planning staff acknowledged existing conditions unique to residential, rural residential, commercial, and industrial land uses and set up accommodating policies relative to the permitted uses in each district. The Planning Commissioners requested Planning staff to include provisions relating to visibility at intersections in their referral to City Council for adoption. MOTION by Meyer to recommend to City Council approval of the Zoning Ordinance amendment relating to fences and that the City Council proceed with setting a Public Hearing for the June 16, 1992 Regular City Council Meeting. Second by Gundacker. Ayes: Busho, Meyer, Gundacker. Nays: 0. Director of Planning Lisa Freese discussed in detail the existing capacity of the Rosemount Waste Water Treatment Plant (WWTP) in relationship to developments already approved by the City and currently progressing through their phasing plans and proposals for future development of which the City is already aware. At the City's current rate of development, it is inevitable that the Rosemount WWTP will reach its full capacity within the next couple of years. In recent discussions with personnel from the Metropolitan Council and the Metropolitan Waste Control Commission (MWCC), Planning staff has determined that the City can partially address this issue by diverting wastewater flow in Section 31 and a portion of Section 32 to the newly S verythings @oming VIP Aosemount!! `J recycled paper Regular Planning Commission Meeting Minutes May 26, 1992 Page Two expanded Empire Waste Water Treatment Plant. Metropolitan Council staff have indicated a willingness to entertain a Comprehensive Guide Plan Amendment prior to the completion of the City's Guide Plan Update. Director of Planning Freese described the areas that would be affected by this amendment. Planning staff recommends approval of an amendment to the existing Guide Plan which would affect the Metropolitan Urban Service Area (MUSA) boundary and the Sewer Service District boundary. This amendment would modify the sewer service district plan element to allow diversion of wastewater flows from properties located in Sections 31 and 32 from the Rosemount WWTP to the Empire WWTP; and would add approximately 245 acres designated as Medium Density Residential to the MUSA. MOTION by Meyer to recommend that City Council set a Public Hearing for the Comprehensive Guide Plan Amendment Sewer Service Plan. Second by Busho. Ayes: Meyer, Gundacker, Busho. Nays: 0. MOTION by Busho to recommend to City Council approval of an amendment to the Comprehensive Guide Plan for a change in the Sewer Service Plan to divert waste water flow for properties in Section 31 and 32 from the Rosemount Waste Water Treatment Plant to the Empire Waste Water Treatment Plant; and, further, to include a portion of land within said sections into the Metropolitan Urban Service Area as recommended by Planning staff. Second by Gundacker. Ayes: Gundacker, Busho, Meyer. Nays: 0. MOTION by Meyer to adjourn. Second by Gundacker. Ayes: Busho, Meyer, Gundacker. Nays: 0. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 5:45 p.m. Respectfully submitted, Donna Quintus Recording Secretary ily of osevnounl PHONE (612) 423 -4411 2875 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 423-5203 Mailing Address: Edward B. McMenomy P.O. Box 510, Rosemount, Minnesota 55068-0510 COUNCILMEMBERS Sheila Klassen '�M�._� James (Red) Staats Planning Commission Harry Willcox g Dennis Wippermann REGULAR MEETING MINUTES JUNE 9, 1992 A f Stephan Jilk Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on Tuesday, June 9, 1992 at 5:00 p.m. Chairperson Meyer called the meeting to order with members Busho, Hathaway, and Baago present. Also present was Director of Planning Lisa Freese, Assistant Planner Rick Pearson, and Planning Intern Marie Darling. MOTION by Hathaway to approve the May 18, 1992 Special Meeting Minutes as presented. Second by Busho. Ayes: Busho, Meyer, Hathaway, Baago. Nays: 0. MOTION by Hathaway to approve the May 26, 1992 Regular Meeting Minutes as presented. Second by Busho. Ayes: Meyer, Hathaway, Baago, Busho. Nays: 0. The June 9, 1992 Planning Commission Agenda was amended to include: Item 7(c) Comprehensive Guide Plan Amendment Requests. At the May 12, 1992 regular meeting, the Planning Commission postponed action on the variance request submitted by Rolland J. Sachs and directed Planning staff to further research whether the phrase "maximum aggregate" was intended to be adopted as the ordinance is written. Mr. Sachs, 3155 145th Street East, wishes to construct a 2400 square foot metal pole building in addition to his two existing accessory structures for a total of 4800 square feet of accessory structures on his 1.86 -acre parcel. Ordinance B restricts the maximum aggregate total for accessory structures to 2400 square feet of area for properties under 20 acres in size or if the building is for a non agricultural use. In their research, Planning staff discovered that the paragraph containing the terms "maximum aggregate specifically in reference to the Agriculture and Agriculture Preserves Districts, had originally been inadvertently omitted during the word processing stage of the fmal document. At a subsequent meeting, City Council formally acknowledged this error in the distributed copies of Ordinance B and, in separate formal action, approved the entire paragraph for reinsertion into the final ordinance document. Planning staff has determined that the term "aggregate" was not an issue or it would have been addressed at the time when this paragraph was reaffirmed for inclusion in the fmal ordinance document. Therefore, Planning staff advised that the Ordinance is clear on this issue and that a text amendment to Ordinance B would be necessary to permit the accessory structure requested by Mr. Rolland Sachs. Planning staff stands by their original recommendation for denial of the variance request. Rolland Sachs, applicant, reiterated his previous comments regarding the circumstances surrounding his request and contended that, although the proposed structure was permitted in the former Zoning Ordinance, failure to secure a building permit prior to adoption of the S verythings coming 4 cosemouni!! fKVGI� paper Regular Planning Commission Meeting June 9, 1992 Page Two current ordinance, was due in part to conditions set by the City for subdivision of his property and, in part, to his inability to secure a loan for the structure because of groundwater contamination issues beyond his control. The Planning Commission concurred that approval of the variance request could not be justified according to current Zoning Ordinance conditions; however, due to the unique circumstances of this request, they expressed a willingness to work with Mr. Sachs through a Zoning Ordinance Text Amendment that would provide a means to approve his building proposal. The Commissioners discussed options and Zoning Ordinance Text Amendment concepts that may be considered to permit issuance of a building permit to Mr. Sachs. There was unanimous agreement that an ordinance be developed that would include only eastern Rosemount, provide a description or listing of appropriate situations for consideration of a request, and set conditions for approval. MOTION by Busho to table action on the variance request of Mr. Rolland Sachs and directed that Planning Staff research options, such as interim use permits (IUP) or conditional use permits (CUP), that would provide a process for provisional approval for the building permit request submitted by Mr. Rolland Sachs due to the unique circumstances surrounding his application; and, further, to waive the application fee for a Zoning Ordinance Text Amendment, to be prepared by Planning staff and submitted to the Planning Commission, within 60 days, for Planning Commission discussion and formal recommendation. Second by Meyer. Ayes: Hathaway, Baago, Busho, Meyer. Nays: 0. Mr. Chad W. Nelson, Project Manager for Bituminous Roadways, Inc., was present in the audience to request approval for the renewal of the Mineral Extraction permit originally approved in July, 1991. The mining activities are taking place on the Otto Ped property located at 4992 145th Street East. Planning staff recommends approval subject to a signed agreement listing the requirements in the Conditions of Bituminous Roadways, Inc,, Mineral Extraction Permit. MOTION by Meyer to recommend to City Council approval of the Mineral Extraction Permit Renewal as requested by Bituminous Roadways, Inc. for the property located at 4992 145th Street East subject to appropriate signatures affixed to the Conditions of Bituminous Roadways, Inc., Mineral Extraction Permit document and request that the City Council schedule a public hearing for the permit renewal. Second by Baago. Ayes: Baago, Busho, Meyer, Hathaway. Nays: 0. Director of Planning Lisa Freese reminded the commissioners of the Special City Council Meeting set for joint City Council/Planning Commission discussion of the Comprehensive Guide Plan Update. The meeting is scheduled for June 30, 1992 at 6:30 p.m. in the City Hall Council Chambers. Director Freese advised that Planning staff have developed preliminary informational handouts that would be given to potential developers and residents and would provide guidelines for applicant submittals and an explanation of City policies and procedures regarding preliminary plats, final plats, variance petitions, rezonings, ordinance amendments, and other similar Regular Planning Commission Meeting June 9, 1992 Page Three applications requiring staff and Council/Commission review and action. Discussion ensued with the Planning Commission stating their endorsement of the "handout" concept and offering suggestions for inclusion in these informational materials. Planning staff will continue to expand upon and fmalize these drafts and resubmit them to the Planning Commission for formal adoption of the procedure. Assistant Planner Rick Pearson advised that Planning staff have modified the previously approved proposed zoning ordinance amendment regarding fences by adding regulations and criteria for fences that will provide for visibility at intersections. City Council has scheduled a public hearing for action on the recommended ordinance amendments on June 16, 1992 at 8:00 p.m. MOTION by Meyer to recommend to City Council approval of the Zoning Ordinance Text Amendment regarding fences, as revised, to include regulation of fences relative to visibility at intersections. Second by Hathaway. Ayes: Busho, Meyer, Hathaway, Baago. Nays: 0. Director of Planning Lisa Freese presented a resolution for Planning Commission consideration and adoption regarding future development of property located at 14810 South Robert Trail, commonly referred to as the Strese Oil Property. The Rosemount Port Authority is in the process of purchasing this property and has discussed the potential for relocation of Repairs, Inc. to this site. Director Freese advised that Planning Commission members, on their recent City tour, expressed a desire to convey to the Port Authority their encouragement and support of the Port Authority's efforts to purchase, clear, and clean up the Strese Oil property. The proposed resolution also communicates the Planning Commission's acknowledgement of this site as an important gateway to the downtown, expresses concern of the potential non conforming use, and establishes the Planning Commission's wish to be a part of the process to address and recommend land use for future development of the site. MOTION by Meyer to adopt A RESOLUTION TO THE PORT AUTHORITY TO PURCHASE, CLEAR THE BUILDINGS, AND CLEAN UP CONTAMINATED SOIL ON THE STRESE OIL PROPERTY. Second by Busho. Ayes: Meyer, Hathaway, Baago, Busho. Nays: 0. Director of Planning Freese advised that Council has approved and authorized the Major Comprehensive Guide Plan Amendment for a change in the Sewer Service Plan to divert waste water flow for properties in Section 31 and 32, Township 115, Range 19 from the Rosemount Waste Water Treatment Plant (WWTP) to the Empire WWTP; and, to include a portion of land within these sections into the Metropolitan Urban Service Area. At issue, however, is that there are several approved current active developments within this area and in various stages of their phasing plans. The City has been approached by several of these developers to proceed with Minor Guide Plan Amendments regarding their properties on an independent basis. Planning staff's position on these separate individual requests is to refrain from action due to inadequate information of sewer capacity issues at the Rosemount WWTP and the lack of a timetable for the treatment plant expansion. Planning staff, with the recommendation and support of the Metropolitan Council, feels that these individual amendment requests can best be dealt with by including them in the overall Comprehensive Guide Plan Update. Regular Planning Commission Meeting June 9, 1992 Page Four MOTION by Busho that the Planning Commission supports the recommendation of Metropolitan Council and Planning staff position in addressing individual requests for comp plan amendments by including them in the overall City of Rosemount Comprehensive Guide Plan Update. Second by Meyer. Ayes: Hathaway, Baago, Busho, Meyer. Nays: 0. Commissioner Baago requested Planning staff update on the status of the Ever Green Gardens site. Assistant Planner Rick Pearson advised that, by ordinance, the property owners have one year to comply with the conditions of the site plan approval. However, Planning staff advised that storage of the decorative rock in the parking lot constitutes a Zoning Ordinance violation as it encroaches into the required parking spaces. Planning staff will attempt to obtain compliance from the property owner on the parking space issue. MOTION by Meyer to adjourn. Second by Baago. Ayes: Baago, Busho, Meyer, Hathaway. Nays: 0. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 7:40 p.m. Respectfully submitted, Donna Quintus Recording Secretary CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 1992 -2 A RESOLUTION RECOMMENDING TO THE PORT AUTHORITY TO PURCHASE, CLEAR THE BUILDINGS AND CLEAN UP CONTAMINATED SOIL ON THE STRESE OIL PROPERTY WHEREAS, the Planning Commission supports the Port Authority's efforts to acquire and clean up the Strese Oil property located at 14810 South Robert Trail; and WHEREAS, the Planning Commission views this as an excellent opportunity for the City to develop an aesthetically pleasing gateway to the community; and WHEREAS, the Planning Commission understands that the Port Authority is considering whether or not to remove the existing structures; and WHEREAS, the Planning Commission also understand that the Port Authority is considering the relocation of Repairs, Inc. to this property; and WHEREAS, the Planning Commission would like to convey concerns regarding this impending decision from a land use and planning III perspective; and WHEREAS, the existing structures and site layout are non- conforming in terms of setback, parking, landscaping and other site improvements required by the Rosemount Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED, the Planning Commission encourages the Port Authority to purchase the property, clear the buildings and clean up the contaminated soil; and BE IT FINALLY RESOLVED, the Planning Commission requests that the Port Authority carefully consider the opportunities and constraints of the site in its eventual redevelopment. ADOPTED this 9th day of June, 1992. r ,<7 Al Meyer, Chairpers ATT ST: Cathy B ho, Vice Chairperson Motion by: MEYER Seconded by: BUSHO Voted in favor: MEYER, HATHAWAY, BAAGO, BUSHO Voted against: NONE @iIy of osevnouni HONE (612) 423 -4411 2875 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 423-5203 Mailing Address: Edward B, McMenomy P.O. Box 510, Rosemount, Minnesota 55068 -0510 COUNCILMEMBERS Sheila Klassen l Commission (Red) Staats Plannin ommission Harry Willcox Planning C Dennis Wippermann REGULAR MEETING MINUTES JUNE 23, 1992 A f Stephan Jilk Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on Tuesday, June 23, 1992 at 5:00 p.m. Chairperson Meyer called the meeting to order with members Gundacker, Busho and Baago present. Also present was Director of Planning Lisa Freese, Assistant Planner Rick Pearson, and Planning Intern Marie Darling. MOTION by Baago to approve the June 9, 1992 Regular Meeting Minutes as presented. Second by Gundacker. Ayes: Gundacker, Busho, Meyer, Baago. Nays: 0. The June 23, 1992 Planning Commission Agenda was amended to include: Item 3(c) Metropolitan Council Housing Plan; Item 3(d) City of Rosemount Tax Capacity Analysis Overview; Item 5(a) Cimarron Village Townhouses Update; and Item 5(b) CMC Heartland Proposal for CNW Property. Assistant Planner Rick Pearson reviewed a request for site plan approval for an accessory building submitted by Mr. Chuck Oliver, owner and resident of a four -piex. The four -piex is located at 14986 Chorley Avenue and legally described as Lot 7, Block 3, Edwin Rahn Third Addition. The subject property is zoned R -2 Single Family Attached and requires Planning Commission site plan review for site improvements to the property. Mr. Oliver is proposing to construct a 42' x 20' detached four -stall garage to provide enclosed parking for each unit and one parking space in front of each garage stall for an additional parking space which meets the standards for multiple family dwellings. Minimum setback and landscape requirements are also met in this proposal. Mr. Oliver's building currently shares a driveway with the four -piex to the north and he has agreed to secure an access easement to accommodate the shared access to the two properties. MOTION by Meyer to approve the site plan for a four -stall detached garage on Lot 7, Block 3, Edwin Rahn Third Addition, subject to: 1) access easements for the shared driveway filed with the Dakota County Surveyors office; 2) provision of a dumpster enclosure as indicated on the plan; and 3) posting of a security for landscape improvements. Second by Gundacker. Ayes: Busho, Meyer, Baago, Gundacker. Nays: 0. Lee Johnson, Senior Vice President for U.S. Home Corporation, has submitted the Country Hills Sixth Addition for final plat approval. This plat includes 77 single family lots on approximately 31 acres situated west of Shannon Parkway and across and south of Shannon Park Elementary School. The subdivision is consistent with the preliminary plat and PUD Agreement, as amended in 1991, and meets the minimum ordinance requirements with the exception of lot width which was approved under PUD procedure. It was noted that the E verything s ?oming gip Rosemount!! is tecvcled Regular Planning Commission Meeting June 23, 1992 Page Two majority of the lots meet or exceed 80 feet in frontage with the remainder of lots measuring between 75 and 80 feet wide at the front yard setback line. MOTION by Meyer to recommend approval of the Country Hills Sixth Addition final plat subject to: 1) a temporary cul -de -sac located at the northern terminus of Danube Lane to be constructed according to standards specified by the City Engineer; 2) a driveway location for Lot 3, Block 3, to be approved by the City Engineer; 5) the width of the utility easement in Block 3 to be increased as approved by the City Engineer; 4) an executed Subdivision Development Agreement; and 5) the grading plan to be approved by the City Engineer. Second by Baago. Commissioner Gundacker expressed his disappointment in the fmal grading of preceding Country Hills Additions and how they have had considerable impact on the topography of the entire Country Hills plat. Mr. Gundacker explained that, due to his desire to protect and preserve existing environmental elements, he has chosen to refrain from voting in the positive on this subdivision. Ayes: Meyer, Baago, Busho. Nays: 0. Abstain: Gundacker. Motion passed. The Shannon Hills 4th Addition was submitted for fmal plat approval. The 30 single family dwelling lots encompass 10.84 acres situated east of Shannon Parkway at an alignment with 142nd Street West. The subject property was rezoned to R -1 Single Family Residential in 1989. The proposed plat is in conformance with the preliminary plat and PUD and meets minimum zoning and subdivision ordinance requirements with the exception of lot frontage, which was waived by PUD Agreement, although Planning staff noted that all but two lots meet or exceed the minimum lot width requirement at the setback line. Upon inspection of the completed and active phases of this subdivision, it has been determined that the landscaping along Shannon Parkway and 145th Street is inconsistent with the approved landscape plan. Therefore, Planning staff recommends the developer post a security to guarantee the installation of approved landscaping along the berm on Shannon Parkway and 145th Street West. MOTION by Meyer to recommend to City Council approval of Shannon Hills 4th Addition fmal plat, subject to: 1) park dedication fee of $14,400 cash contribution, in lieu of land; 2) a temporary cul -de -sac installed on Outlot A, terminating Crocus Way and built to standards specified by the City Engineer; 3) a posted security for landscaping the berms along Shannon Parkway and 145th Street (current and completed phases only); 4) a phasing plan indicating future development increments; and 5) an executed Subdivision Development Agreement. Second by Baago. Ayes: Baago, Gundacker, Busho, Meyer. Nays: 0. At their regular meeting on June 16, 1992, the Rosemount Port Authority unanimously voted to accept and support the Planning Commission's resolution to purchase, clear, and clean up the Strese Oil property. At that meeting, the Port Authority also determined that the Strese Oil property is not a suitable location for the relocation of Repairs, Inc. The Port Authority expressed their appreciation of the Planning Commission's position statement. Regular Planning Commission Meeting June 23, 1992 Page Three Director of Planning Lisa Freese discussed a program hosted by the Mortgage Bankers Association that she and Assistant Planner Rick Pearson attended regarding the airport relocation concept. Ms. Freese summarized the topics discussed by a panel consisting of representatives from the airline, banking, legal, and real estate industries who related their views and opinions on airport expansion versus airport relocation. Ms. Freese stated that the majority of those present for comment did not advocate airport relocation. Planning Intern Marie Darling advised that she had attended a meeting held by Metropolitan Council entitled "Roles and Responsibilities of the Metropolitan Council in Determining Housing Policy." Representatives from cities and housing agencies attended. At this session it was decided that the Metropolitan Council needs to take a more active role in regional housing issues. The attendees concluded that the Metropolitan Council's responsibility should be threefold: 1) that of regional demographer, to collect and analyze regional statistical data; 2) that of an overseer to make suggestions for local development policies and review those policies already in force; and 3) as a regulator, with the ability to enforce region -wide policies to control development and urban sprawl. Ms. Darling reported that, after concerns were raised during an earlier City Council Meeting, Planning staff performed an analysis of the tax base for the City of Rosemount to determine the extent of its diversification. Planning staff found that the tax burden is almost evenly shared between residential properties and a combined total of commercial and industrial properties. Commissioner Gundacker suggested that the City should work to maintain the same proportion of tax liability through our development policies. Director of Planning Freese provided an update on the status of the Koch Refining Company Administrative Building Complex. The contractor for the Koch project has submitted an interim parking lot re- striping plan to accommodate the loss of parking spaces during the construction of the Administrative Building. The Planning Commission concurred with Planning staff's recommendation to permit the proposed "interim" parking lot striping plan subject to receipt of a "Letter of Understanding" from Koch Refining representatives stating that 1) the proposed striping plan is temporary; 2) there shall be no additional areas to be paved; and 3) that a final parking lot plan and stormwater plan shall be submitted for approval prior to the City's issuance of a Certificate of Occupancy for both the Change House and the Administration Building. Director of Planning Freese provided an overview of the 1992 Work Program and discussed revised timelines and the status of major projects in progress at this point in time. Discussion was also held on Planning staff's speculation as to anticipated major projects targeted for conception and completion in 1993. The Planning Commissioners concurred that, with the increasing growth of the City, there is an important need for the department to become more active in code enforcement. The Commissioners agreed that a Planning Intern could focus his /her activities on code enforcement and, further, review the existing Zoning and Subdivision Ordinance for inconsistencies and potential conflict and recommend amendments to the ordinance. Discussion was held on potential needs in the 1993 Planning Department Budget. The Commissioners were encouraged to contact the Director of Planning for further comment and to identify items they feel may be significant for inclusion in the 1993 budget. Commissioner Regular Planning Commission Meeting June 23, 1992 Page Four Gundacker strongly recommended that City Council consider budgeting for a Planning Intern in 1993 for code enforcement. The Planning Commission concurred. In October, 1990, the City Council approved a fmal plat for the Cimarron Village Townhouses project. This fmal plat and corresponding development agreement included an easement for a public watermain that was to run through the property to form a loop in the system between Dodd Boulevard and 145th Street West. In reviewing the fmal construction plans for the project, the City Engineer has determined that the watermain is no longer necessary for looping the City's water system in this area and the water line will serve only this project. Therefore, Planning staff is recommending that the easement be vacated and the water line remain private so the City will not be responsible for maintenance of this private utility line. Since the developer has not recorded his fmal plat with Dakota County, the City Attorney has advised that a revised fmal plat should be approved by the City. MOTION by Busho to recommend to City Council approval of the revised fmal plat for Cimarron Village Townhouses which would eliminate a watermain easement currently transversing the plat; and, further, recommend approval of a revised Development Agreement reflecting that the watermain contained within the plat is privately owned by the developer and the responsibility of the developer as recommended by the City Engineer. Second by Baago. Ayes: Gundacker, Busho, Meyer, Baago. Nays: 0. Planning Director Lisa Freese advised that CMC Heartland Partners has submitted a revised development proposal for the Chicago Northwestern property. Along with their submittal they have requested a Major Guide Plan Amendment for a land use change from industrial to residential. In addition, the developer has requested a commitment from the City of Rosemount for existing and future sewer allocation units. MOTION by Meyer that the Planning Commission reaffirms their position to support the current policies of Rosemount Planning staff in responding to requests for individual requests for Comprehensive Guide Plan Amendments by including them in the overall City of Rosemount Comprehensive Guide Plan Update; and, further, authorize Planning staff to provide to CMC Heartland Partners a copy of Metropolitan Council staff's statement of recommendation regarding amendments to the MUSA, which is consistent with current City policy. Second by Gundacker. Ayes: Busho, Meyer, Baago, Gundacker. Nays: 0. The Public Works Department is proposing to undertake a transportation study for western Rosemount. The purpose of this study is twofold: 1) to provide some needed information and planning for the Comprehensive Guide Plan; and 2) to assist with Capital Improvements scheduling. The Commission reviewed the City Engineer's memorandum identifying the proposed scope of the study. The Commission recommended a Phase Two Traffic Study which would encompass STH 3 issues and would identify feasible improvement options. The Commission also recommended the results of the Downtown Plan Scoping Committee study be considered in the Highway 3 study. MOTION by Gundacker to support a Transportation Study for Western Rosemount for the Comprehensive Guide Plan Update and Capital Improvement Planning /Programming. Second by Baago. Ayes: Meyer, Baago, Gundacker, Busho. Nays: 0. Regular Planning Commission Meeting June 23, 1992 Page Five MOTION by Gundacker to recommend a Phase Two Transportation Study to encompass an assessment of State Trunk Highway 3 (South Robert Trail) and its function and importance with respect to downtown Rosemount. Second by Meyer. Ayes: Baago, Gundacker, Busho, Meyer. Nays: 0. MOTION by Meyer to adjourn. Second by Gundacker. Ayes: Gundacker, Busho, Meyer, Baago. Nays: 0. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 7:30 p.m. Rey: dully su ed, dti 4 I onna Quintus Recording S- tary IIII ziy of IIIHONE (612) 423 -4411 2875 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 423 -5203 Meiling Address Edward B. McMenomy P.O. Box 510, Rosemount, Minnesota 55068 -0510 COUNCILMEMBERS Sheila Klassen t James (Red) Staats Planning Commission Harry Willcox Dennis Wippermann REGULAR MEETING MINUTES JULY 14 1992 ADMINISTRATOR f Stephan Jilk Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on Tuesday, July 14, 1992 at 5:00 p.m. Chairperson Meyer called the meeting to order with members Busho and Baago present. Also present was Director of Planning Lisa Freese, Assistant Planner Rick Pearson, and Planning Intern Marie Darling. Other City staff members in attendance were City Administrator Stephan Jilk and Parks and Recreation Director Dave Bechtold. MOTION by Baago to approve the June 23, 1992 Regular Meeting Minutes as presented. Second by Busho. Ayes: Busho, Meyer, Baago. Nays: 0. At the request of Chairperson Meyer, the July 14, 1992 Planning Commission Agenda was amended to include: Item 4(b) O'Leary's Hills Development Project Update. Planning Commissioner Gundacker arrived and took his seat at 5:05 p.m. Reid Hansen, attorney and local counsel for CMC Heartland Partners of Chicago, IL, introduced Wayne Delfino, CMC Heartland Partners Vice President in charge of Development, Joseph Hollett, CMC Heartland Director of Construction, Vladimeer Oustimovitch, Director of Design and Construction, and Peter Pfister, architect for Boarman, Kroos, Pfister Associates, who were in attendance to discuss a refined concept development proposal for a 226 -acre site, situated between CSAH 42 and the Chicago North Western Railroad tracks, and east of Biscayne Avenue, as well as a land use concept for a CMC owned 103 -acre site bordered by CSAH 42 to the south, Biscayne Avenue to the east, 145th Street to the north and west of Greif Bros. The concept for the 226 -acre parcel was presented to the Planning Commission in April of this year. The preliminary concept plan has been revised in attempt to address issues raised by the Commission and Council at that time. Mr. Hollett and Mr. Pfister discussed the details of the revised concept plan which included identification of the areas for single family, single family cluster, and single family attached housing; access points and street alignment which are consistent with the City's planned collector streets; retention pond locations; and park site location. CMC representatives also responded to questions of the Commission regarding design and appearance of the cluster housing and a proposal for a combined use of landscaping, fencing, and lot depth for buffering along the railroad tracks. Chairperson Meyer recessed the July 14, 1992 Regular Planning Commission Meeting and opened the Board of Appeals and Adjustments for the purpose of holding a Public Hearing scheduled for 5:30 p.m. c verylhings eomtng gip cosevnouniil 0 evicted OD. Regular Planning Commission Meeting July 14, 1992 Page Two The Public Hearing for Jeffrey Plan, 3598 147th Street West, was opened by Chairperson Meyer. The recording secretary had in her possession Affidavits of Publication, Posted, and Mailing Hearing Notice. Assistant Planner Rick Pearson advised that Mr. Plan has submitted a Variance Petition to allow him to construct an addition onto his single family home to within 8.5 feet of his side yard property line. The Zoning Ordinance requires a 10 -foot side yard structure setback in the R -1 District. However, Assistant Planner Pearson advised that the petitioner was unable to provide supplementary information requested by Planning staff prior to compilation of Planning Commission meeting packets. Mr. Plan stated that the survey information was submitted to Planning staff as soon as it was available to him; however, he voiced no opposition to a continuance of the Public Hearing. With the consensus of the Commission, Chairperson Meyer continued the Public Hearing for the Jeffrey Plan request for variance to side yard setback requirements to the July 28th, 1992 Regular Planning Commission Meeting. Chairperson Meyer closed the Board of Appeals and Adjustments and reconvened the July 14, 1992 Regular Planning Commission Meeting at 5:35 p.m. Discussion of the CMC concept land use proposals continued. Director of Planning Lisa Freese discussed the background of both properties and provided a brief summary of a meeting that took place between staff and CMC representatives earlier this day. CMC indicated they would like to develop the 103 -acre parcel first if they are able to get Planning Commission support for the Land Use Concept. Ms. Freese suggested that if the Planning Commission supported the 103 -acre land use concept the sewer capacity would dictate that only this development could begin prior to treatment plant expansion anticipated in 1996. CMC representatives indicated that they would like to get closure on the land use concept proposal for the 226 -acre CNW site and Planning staff suggests that if the Planning Commission supports this concept, they should recommend that it be included in the Comprehensive Guide Plan update and also included in the year 2000 MUSA (assuming that treatment plant expansion is completed in 1996). Planning staff will continue to monitor sewer capacity issues surrounding the Rosemount Waste Water Treatment Plant and advise CMC Heartland Partners of any new developments that may impact their proposal. Planning staff also advised that results of the Transportation Study, in process at this time, may influence proposed access points to both sites. MOTION by Gundacker to recommend approval of the development concept for the 226 -acre parcel as submitted by CMC Heartland Partners; and, further, recommend that City Council consider designating this site as Urban Residential and include this property within the year 2000 Metropolitan Urban Service Area boundary in the Comprehensive Guide Plan Update per the Metropolitan Council's recommendation regarding major guide plan amendments. Second by Meyer. Ayes: Gundacker, Busho, Meyer, Baago. Nays: 0. Mr. Oustimovitch presented a concept land use plan for the 103 -acre CMC property bounded by 145th Street on the north, Biscayne Avenue to the east, CSAH 42 to the south and the Soo railroad line to the west. CMC representatives requested Planning Commission consideration and comment on their proposal for a mixed use development consisting of approximately 25 Regular Planning Commission Meeting July 14, 1992 Page Three acres of large lot single family residential, 46 acres of smaller lot single family residential, 10 acres of townhomes, and 10 acres of commercial/retail. CMC has also reached an agreement with Greif Bros. for a realignment of the railroad spur that currently crosses the CMC site. Discussion included proposed locations for the various uses on the property with suggested design strategies for buffering and separation between residential, railroad, commercial, and industrial land uses. CMC officials indicated their preference to develop this site prior to the 226 -acre CNW site. The Planning Commission acknowledged that the proposed commercial component deviated from the previously recommended boundary for commercial development agreed upon at the June 30, 1992 Special Council Meeting. However, due to the CMC proposed timetable to develop this property prior to the CNW site, the Planning Commission was in general agreement that a provision for retail development and the proposed location could provide an enhancement and benefit to the downtown if a definitive pedestrian/vehicular connection could be created to generate more traffic to the downtown. MOTION by Gundacker to support the land use concept for residential/commercial development of the 103 -acre CMC Heartland site if an innovative, creative, and complimentary means of accessing the existing Rosemount downtown is provided. Second by Baago. Ayes: Meyer, Baago, Gundacker, Busho. Nays: 0. Assistant Planner Rick Pearson presented for site plan review the development of the National Guard Armory /Community Center. The 54,500 square foot two level National Guard Armory and 37,800 square foot two level Community Center is proposed to be constructed on a 12.14 acre site situated west of South Robert Trail at the intersection of Dodd Boulevard, and north of the Rosemount High School. Arthur Dickey, Arthur Dickey Architects, was in the audience and available to answer questions from the Commission. Discussion included site characteristics; proposed primary and secondary access points; building aesthetics; building uses; and parking lot issues. Planning staff recommends that the variance procedure is necessary to address parking stall and parking lot setback issues. Staff also recommends that a contingency plan for additional/overflow parking be submitted to address parking should maximum utilization of the Armory /Community Center facility be realized. Commissioner Baago excused himself from his chair at 6:25 p.m. Discussion continued. It was also noted that this site is not located within the Metropolitan Urban Service Area (MUSA) and will require a minor Comprehensive Guide Plan Amendment to allow construction of the facility. MOTION by Gundacker to table action regarding the National Guard Armory /Community Center facility pending resolution of the following: 1) a Comprehensive Guide Plan Amendment for urban services; 2) Minnesota Department of Transportation MnDOT) approval of an access permit from State Trunk Highway 3 and an assessment by MnDOT as to whether improvements for access to STH 3 may be required; Regular Planning Commission Meeting July 14, 1992 Page Four 3) submission and approval by the City Engineer of a storm water runoff and retention plan; 4) approval of a variance to ordinance requirements for minimum parking stalls and parking lot setbacks; and 5) revised landscape plan be submitted and approved by Planning staff. Second by Meyer. Ayes: Gundacker, Busho, Meyer. Nays: 0. The Commission discussed the benefits and advantages for individual Planning Commissioner membership in the American Planning Association (APA). The Commission expressed interest in this option and recommended membership dues be considered for inclusion in the 1993 Planning Department Budget, in addition to seminar training sessions. MOTION by Meyer recommending the incorporating annual American Planning Association (APA) membership dues for each Planning Commissioner in the 1993 Planning Department Budget. Second by Busho. Ayes: Busho, Meyer, Gundacker. Nays: 0. Planning Director Freese presented a brief summary of the June 30, 1992 Special Council Meeting. City staff was given strong direction by those in attendance to develop performance criteria for overall development of the Kelley Trust property. Also, at that meeting, discussion for commercial development focused on the McNamara property situated south of County Road 42, between Shannon Parkway and the Diamond Path alignment with a conclusion that this area remain in the current Agricultural Land Use designation. Industrial Land Use, Waste Management Land Uses, and Metropolitan Urban Service Area Boundaries: Year 2000 and Year 2010, still remain to be discussed. Director Freese advised that Planning staff recommends a minimum of two more meetings to complete discussion of these items for inclusion in the Comprehensive Guide Plan Update fmal draft. MOTION by Meyer recommending City Council set at least two Special City Council Meetings to continue discussions on the Comprehensive Guide Plan Update. Second by Busho. Ayes: Meyer, Gundacker, Busho. Nays: 0. Director Freese advised that Planning staff will consult the calendars submitted by Council, Commissions, and Committees and recommend meeting dates that would provide the maximum attendance of all elected and appointed individuals. If, for any reason, the meeting dates conflict with anyone's schedule, written opinions, views, and recommendations were encouraged so that these ideas can be discussed and considered at these meetings. Director of Planning Freese reviewed the Metropolitan Council's new population, household, and employment forecast allocations for Rosemount and the criteria used by Met Council in developing regional forecasts and the distribution of these forecasts to subregions and municipalities. Director Freese suggested that if the Commission has any questions regarding the Rosemount forecast allocation, they should contact Planning staff and their concerns will be directed to Metropolitan Council staff for consideration in their fmal draft of Municipal Forecast Allocations. Chairperson Meyer stated he had been contacted by the O'Leary's Hills developer who has challenged the position of the City in responding to individual requests for Minor Regular Planning Commission Meeting July 14, 1992 Page Five Comprehensive Guide Plan Amendments. Mr. Meyer requested an update on the O'Leary's Hills Planned Unit Development Project. Director of Planning Freese stated that the fmal phases of this development require inclusion in the Metropolitan Urban Service Area (MUSA) and a rezoning from AG (Agriculture) to R -1 (Single Family Residential) prior to City fmal plat approval. Director Freese advised that the entire O'Leary's Hills PUD is included in the Major Comprehensive Guide Plan Amendment already submitted to Met Council for inclusion in the MUSA, as well as directing of waste water flows to the Empire Waste Treatment Plant. Continued development of the O'Leary's Hills plat, as well as all other current and pending plats in Section 31, is contingent upon the installation of a new sanitary trunk sewer line and lift station to accommodate additional development in this section. Because all of this criteria must be met prior to further development in this section, Planning staff has determined that encompassing this whole section in the Major Comprehensive Guide Plan Amendment, currently in progress, is the most expedient process for facilitating development of the remainder of O'Leary's Hills as well as other Section 31 properties. Assistant Planner Rick Pearson advised that Independent School District 196 has submitted a site plan for a 24,250 square foot expansion to the Rosemount Middle School located at 3135 143rd Street West. Assistant Planner Rick Pearson reviewed the site plan with discussion focusing on the impacts to site emergency access, existing parking stalls related to use of the building, and Planning staff landscaping recommendations. Planning staff further recommends the school district file a Lot Combination Petition to combine contiguous ISD 196 owned property, thus eliminating any issues relating to minimum structure setbacks. MOTION by Busho to approve the site plan for the Rosemount Middle School Addition subject to: 1) conformance with appropriate building and fire codes; 2) responding to Planning staff concerns relative to landscaping with revisions to the landscape plan and posting a security in the form of a bond or letter of credit in the amount of $6,500; 3) sanitary sewer connection to be approved by the City Engineer; 4) approval of a lot combination with adjacent school district property; and 5) address Planning staff concerns regarding parking in a letter that outlines a policy for future expansion of parking and the school district's contingency policy for extraordinary events that may adversely impact adjacent residential streets. Second by Gundacker. Ayes: Gundacker, Busho, Meyer. Nays: 0. Director of Planning Lisa Freese presented an amendment to the Planning Commission Bylaws relating to the organization of the Planning Commission meeting agendas. The proposed bylaw amendment would provide flexibility in structuring and establishing the "Order of Business" for each meeting. Amendments to bylaws must be announced at the meeting prior to adoption. Formal action and recommendation will be requested at the July 28, 1992 Regular Planning Commission Meeting. MOTION by Busho to adjourn. Second by Gundacker. Ayes: Busho, Meyer, Gundacker. Nays: 0. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 7:30 p.m. Re tfully i �y sub Donna Quintu Recording Secretary i 1 y of Rosemount 0 HONE (612) 423 -4411 2875 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 423-5203 Mailing Address: Edward B. McMenomy P.O. Box 510, Rosemount, Minnesota 55068 -0510 COUNCILMEMBERS Sheila Klassen Planning Commission James (Red) Staats Harry Willcox REGULAR MEETING MINUTES JULY 28, 1992 Dennis Wippermann ADMINISTRATOR t o n Jilk Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly ec� on Tuesday, July 28, 1992 at 5:00 p.m. Chairperson Meyer called the meeting to order with members Busho, Hathaway, and Baago present. Also present was Director of Planning Lisa Freese, Assistant Planner Rick Pearson, and Planning Intern Marie Darling. MOTION by Baago to approve the July 14, 1992 Regular Meeting Minutes as presented. Second by Busho. Ayes: Busho, Meyer, Hathaway, Baago. Nays: 0. Director of Planning Lisa Freese reported that the City of Rosemount Port Authority has scheduled a Special Meeting to be held this same evening at 7:30 p.m. The purpose of the meeting is to discuss land use issues and the role of the Port Authority in promotion of industrial and commercial development in the City of Rosemount. Ms. Freese invited those interested to attend the Port Authority Meeting scheduled to follow the Planning Commission Meeting this evening. Director of Planning Freese reminded the Commission of two Special City Council Meetings which have been scheduled for August 5, 1992 and September 2, 1992, both at 6:30 p.m. in the Council Chambers, for the purpose of discussion of the Comprehensive Guide Plan Update. All City Commissions and Committees are urged to attend these meetings. The Commission was provided with a copy of a proposed amendment to the Planning Commission Bylaws. This amendment is designed to give the Commission and Planning staff more flexibility in structuring and establishing the "Order of Business" for each meeting. In recent meetings, the Planning Commission has pulled agenda items from their regular "order" to accommodate the interest of the audience. This has caused some confusion during meetings as to which items have or have not been discussed. Therefore, Planning staff recommends an amendment to the Bylaws that would provide for more freedom in organizing and prioritizing agenda items for each meeting without eliminating any of the agenda items required in the current bylaws. MOTION by Meyer to adopt Amendment No. 1 of the City of Rosemount Planning Commission Bylaws and to authorize forwarding the amendment to City Council for ratification. Second by Hathaway. Ayes: Meyer, Hathaway, Baago, Busho. Nays: 0. Mr. Mohammed Elakkad, representing the metro area Islamic Community, was present in the audience and requested Planning Commission consideration of a cemetery Concept Planned Unit Development for approximately 15 acres of property located between Biscayne Avenue and the Soo Line Railroad, to the east of Rosemount Woods Mobile Home Park. Should the Planning Commission and City Council provide feedback that a cemetery may be an acceptable land use for this location the Islamic Community can decide whether or not to proceed with their proposal. Assistant Planner Rick Pearson advised that the 15 -acre parcel is currently zoned Agricultural (AG) and is consistent with the current Comprehensive Guide Plan designation. After the year 2000, the existing Guide Plan designation becomes urban residential. The current ordinance does not permit cemeteries. However, existing cemeteries in the City are located in the Public district; therefore, to be consistent with other cemeteries, it would be appropriate to require a rezoning of the property to Public or Quasi- U veryihing s @owing Vj• Rosemount!! A `J recycled Paper Regular Planning Commission Meeting Minutes July 28, 1992 Page Two Public and a Guide Plan designation for Public /Institutional use. Cemeteries are considered non profit and because of their religious affiliation this use would not generate property taxes for the City. Planning staff has determined that this proposal will require approvals of the following in order to proceed: 1) Zoning Ordinance text amendment to make cemeteries a permitted use in the Public or Quasi Public district; 2) a Planned Unit Development for the various phases of the proposal; 3) Comprehensive Guide Plan Amendment for a change in Land Use Designation; and 4) a rezoning from Agricultural to Public or Quasi Public. The Planning Commission expressed concern regarding this site's proximity with regard to the alignment of the future Brockway interceptor and the potential alignment for Connemara Trail. Given the proposed phasing plan and ultimate development scenario of the cemetery, Planning staff reviewed the proposed improvements and suggested that it appears the infrastructure improvements would not be in conflict with this proposal. Following further discussion, the Planning Commission Member individually expressed general support for the land use concept of a cemetery in this location and recommended the representatives of the Islamic Cemetery Committee submit an application for a Comprehensive Guide Plan Amendment for inclusion of their request in the update of that plan. Chairperson Meyer recessed the July 28, 1992 Regular Planning Commission Meeting and opened the Board of Appeals and Adjustments for the purpose of holding public hearings scheduled for this evening. Chairperson Meyer reconvened the Public Hearing for Mr. Jeff Plan which was continued from the July 14, 1992 meeting. Mr. and Mrs. Jeff Plan, 3598 147th Street West, have petitioned the City for a variance to side yard setbacks to permit construction of a 720 square foot addition to the south wall of their existing attached garage. Their garage currently encroaches within the side yard setback from 1.8 feet in the front to within 2.5 feet at the rear corner of the garage. The proposed addition would extend the line of the existing garage so that the corner of the addition would be encroaching the setback by three feet. The subject property was platted as part of Broback Tenth Addition (approved in 1975) and was regulated by the former Zoning Ordinance which allowed five -foot setbacks for single story structures in the R -1 District. Mr. Mrs. Plan's attached garage became legal nonconforming with regard to side yard setbacks with the adoption of the current ordinance. Assistant Planner Rick Pearson noted several existing legal nonconforming setbacks within this subdivision. Mrs. Plan was present in the audience and stated that to meet current Zoning Ordinance setback regulations would require a relocation of electrical service to the home. She also stated that the aesthetics of the home would be impacted if required to meet the ten -foot setbacks. Chairperson Meyer closed the public hearing at 5:45 p.m. MOTION by Meyer to deny the variance petition of Mr. Jeff Plan, 3598 147th Street West, for a setback variance to the east side yard because the request does not meet the requirements of Section 15.2 of Ordinance B City of Rosemount Zoning Ordinance. Second by Baago. Ayes: Hathaway, Baago, Meyer. Nays: Busho. Motion passed. Upon further discussion, the Planning Commission expressed a concern regarding the new setback requirements and their impact on areas developed under the former ordinance requirements, such as in Plan's neighborhood. The Commission discussed their willingness to consider a Zoning Ordinance Text Amendment to accommodate subdivisions within the City that were platted prior to current Zoning Ordinance standards. Regular Planning Commission Meeting Minutes July 28, 1992 Page Three MOTION by Meyer directing that Planning staff research options for the creation of a new Zoning District which encompasses residential developments platted and approved under the regulations of the former Zoning Ordinance, prior to approval of Ordinance B City of Rosemount Zoning Ordinance which was adopted in September, 1989. Second by Hathaway. Ayes: Baago, Busho, Meyer, Hathaway. Nays: 0. Chairperson Meyer opened the Public Hearing for the National Guard Armory/Community Center petition for a variance to minimum ordinance standards for on -site parking. The recording secretary had in her possession Affidavits of Publication, Posted, and Mailing Hearing Notice. Assistant Planner Rick Pearson discussed the combined uses of the Armory, Community Center, and ice arena which, under current ordinance standards, would require 1,025 parking spaces. The armory site plan provides 585 parking spaces in three separate areas for the combined use of each of these components. Strict interpretation of ordinance standards results in a deficit of 440 parking spaces. Planning staff projects that a parking deficit of 200 parking spaces would occur if each component of the facility were utilized to its maximum. The frequency of such an occasion is projected to be rare. Because of the timing of the different events and the expectation that the heaviest parking demands required of each event would occur at different times, the concept of shared parking to meet the average demand was presented as supportive of the variance request. Board Member Hathaway excused herself from her chair at 6:00 p.m. The possibly still exists, however, that parking demands could exceed the on -site parking. Therefore, Planning staff recommends that a contingency parking plan be identified to accommodate overflow parking needs. Schwarz Pond Park (120 parking spaces) and Erickson Park (269 parking spaces), both controlled and maintained by the City, could provide enough overflow parking capable of accommodating maximum utilization of the three uses of this site. Todd Franz, owner of South Metro Auto Brokers located at 13942 South Robert Trail, expressed concern regarding already existing traffic problems along STH 3 during highly attended high school athletic events. Assistant Planner Pearson noted that the Armory is an Administrative Division which provides office space for National Guard personnel. Weekend reserve training sessions, other than Band and /or Police Units, will not be held at this facility. Also, Planning staff is working closely with MnDOT to define and design improvements to State Trunk Highway 3 that would improve traffic flow and alleviate any traffic impacts that may arise from this project. Chairperson Meyer closed the Public Hearing at 6:10 p.m. MOTION by Busho to approve the petition of the City of Rosemount for a variance to ordinance parking requirements for the National Guard Armory Community Center Ice Arena Facility because the request meets the conditions of Section 15.2 of Ordinance B City of Rosemount Zoning Ordinance subject to administration of a parking contingency plan by the Facility Coordinator, in the event that additional off -site parking is necessary. Second by Baago. Ayes: Busho, Meyer, Baago. Nays: 0. Chairperson Meyer closed the Board of Appeals and Adjustments and reconvened the July 28, 1992 Regular Planning Commission Meeting at 6:12 p.m. Director of Planning Lisa Freese distributed copies of an application for a proposed amendment to the Comprehensive Guide Plan to include the Armory Project site within the Metropolitan Urban Service Area (MUSA) and to amend the MUSA boundary. The Armory site is designated Public and Institutional in the Comprehensive Guide Plan and is zoned Public. However, in order to extend urban services to the site it is necessary to get approval for this Minor Comprehensive Guide Plan Amendment. Commissioner Hathaway rejoined the meeting at 6 :15 p.m. Regular Planning Commission Meeting Minutes July 28, 1992 Page Four Director of Planning Freese discussed transportation and sewer capacity concerns regarding this development and the steps that Planning staff is taking to resolve these issues. MOTION by Meyer to recommend to City Council approval of Minor Comprehensive Guide Plan Amendment No. 23 to include the 12 -acre National Guard Armory Community Center site into the Metropolitan Urban Service Area. Second by Baago. Ayes: Meyer, Hathaway, Baago, Busho. Nays: 0. On July 14, 1992, the Planning Commission postponed action regarding the National Guard Armory Site Plan Review pending resolution of the following: 1) Comprehensive Guide Plan Amendment to include the site in the MUSA; 2) MnDOT approved accesses to the site and a plan for improvements to STH 3 to alleviate potential traffic congestion; 3) identification of retention areas for storm water runoff; 4) parking requirement variance approval; and 5) a refined landscape plan. Assistant Planner Rick Pearson discussed each of the issues and advised that Planning staff has determined that all concerns have been addressed. Planning staff recommended approval subject to five conditions that will ensure that all concerns will be resolved. MOTION by Meyer to approve the National Guard Armory and Community Center site plan subject to: 1) approval of Comprehensive Guide Plan Amendment No. 23; 2) obtaining necessary access and drainage permits from MnDOT to State Trunk Highway 3; 3) storm water runoff and retention plan approved by the City Engineer; and 5) submission of a Planning Department approved landscape plan, prior to building permit issuance. Second by Hathaway. Ayes: Hathaway, Baago, Busho, Meyer. Nays: 0. Bob Smith, Planning Consultant for Hampton Development Corporation, was in attendance to request Planning Commission approval of a Planned Unit Development and preliminary plat for a three -phase project consisting of 104 single family lots. The site encompasses approximately 36.4 acres between the West Ridge Additions, Shannon Parkway, and Jaycee Park. Assistant Planner Rick Pearson reviewed the proposed development noting that all but two lots meet current minimum lot dimension standards; however, both of these lots exceed the minimum lot area standards. Also discussed was proposed intersection alignments; future street connections; and sidewalk/trail placement. This proposal is dependent upon the Comprehensive Guide Plan Amendment for sewer diversion to the Empire Waste Treatment Plant. The amendment is currently being reviewed by Metropolitan Council. At this time, Planning staff requests Planning Commission recommendation to City Council the scheduling of a Public Hearing for the Shannon Pond Planned Unit Development, preliminary plat, and rezoning. Also, Planning staff recommends approval of the Shannon Pond Concept PUD and preliminary plat subject to the following: 1) execution of a Planned Unit Development Agreement and Subdivision Development Agreements for each phase of the development; 2) City engineer approved engineering, grading, and utility plans and specifications; 3) acquisition of the westerly 15 feet of the well site adjacent and south of Jaycee Park prior to City Council Public Hearing; 4) rezoning from Agriculture to Single Family Residential; 5) Approval of Comprehensive Guide Plan Amendment No. 22; 6) a finding of a negative declaration for the necessity of an Environmental Assessment Worksheet (EAW); and 7) Park Dedication as recommended by the Parks and Recreation Committee. Mike Broback, attorney with Campbell, Knutson, Scott Fuchs, and representative for Rosemount Development Co., stated that a portion of the proposed Shannon Pond PUD /preliminary plat encompasses property owned by Rosemount Development Co. Mr. Broback stated that City of Rosemount Zoning Ordinances and Minnesota Statutes require that a petition for approval of a development plan be submitted by the landowner. Since Hampton Development Corporation is does not hold title to the entire parcel, Mr. Broback requested Planning Commission table action on this proposal until a purchase agreement between the two parties can be executed. Regular Planning Commission Meeting Minutes July 28, 1992 Page Five Director of Planning Lisa Freese advised that Hampton Development Corporation, upon failure to come to agreement for purchase of the property owned by Rosemount Development Co., has formally requested City assistance in initiating condemnation proceedings for the 120 -foot strip of property. The City has requested the City Attorney render a legal opinion on this request. This property is necessary for the subdivision to be accomplished as it is encumbered by a 60 -foot wide storm sewer easement. Since Rosemount Development Co. has indicated, through their legal counsel, their willingness to negotiate further, Planning staff recommends tabling action on this development proposal to provide an opportunity for the two firms to come to a more amiable agreement. MOTION by Meyer to table action on the Shannon Pond PUD /Preliminary Plat proposal until the next Regular Planning Commission Meeting to provide time for settlement of negotiations for property ownership between Hampton Development Corporation and Rosemount Development Company; and, further, that the City Attorney be present at the August 4, 1992 Regular Planning Commission Meeting to provide legal counsel regarding this issue to the Planning Commission. Second by Baago. Ayes: Baago, Busho, Meyer, Hathaway. Nays: 0. Director of Planning Lisa Freese reviewed the Carrollton 4th Addition final plat consisting of 39 single family lots located south of Dodd Boulevard, between Covington and Cimarron Avenues. This subdivision was reviewed and approved by both the Planning Commission and City Council in the spring of 1992. However, due to some title problems, the developer, Mr. Tom O'Leary, was unable to record the plat with Dakota County. The City of Rosemount Subdivision Ordinance requires all plats be recorded within 60 days of City approval. Therefore, Mr. O'Leary is required to resubmit a final plat for City approval. Director of Planning Freese explained the survey adjustment line which caused title problems with properties abutting the eastern boundary of this subdivision. Planning staff has been notified by both Mr. O'Leary and a representative of the property owners involved in the title dispute area that an agreement has been reached to reconstruct the grade to the original elevation and legal documents have been drafted that will provide the abutting property owners title to the residual property caused by the survey adjustment. Planning staff recommends approval of Carrollton 4th Addition subject to verification of executed quit claim deeds. MOTION by Meyer to recommend to City Council approval of Carrollton 4th Addition final plat subject to: 1) engineering plans and specifications and the required utility easement approval by the Public Works Department; 2) eight -foot wide bituminous path to be installed by the developer within the easement between Lots 7 and 8, Block 6, connecting Clancy Avenue to the eastern property line; 3) provision of City services to the Exception between Blocks 2 and 6; 4) execution of a subdivision Development Agreement; and 5) the developer provide the City with a copy of the quit claim deeds for the title dispute area. Second by Hathaway. Ayes: Busho, Meyer, Hathaway, Baago. Nays: 0. MOTION by Meyer to adjourn. Second by Hathaway. Ayes: Meyer, Hathaway, Baago, Busho. Nays: 0. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 7:40 p.m. Res dully submitt Alleb Donna Quintus Recording Secretary zi of 08 emoun1 11111 HONE (612) 423-4411 2875 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 423 -5203 Mailing Address: Edward B. McMenomy P.O. Box 510, Rosemount, Minnesota 55068 -0510 COUNCILMEMBERS Sheila Klassen Planning Commission James (Red) Staats Harry Willcox REGULAR MEETING MINUTES AUGUST 11, 1992 Dennis Wippermann ADMINISTRATOR to Jilk Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly e ct on Tuesday, August 11, 1992 at 5:00 p.m. Chairperson Meyer called the meeting to order with members Busho and Baago present. Also present was Director of Planning Lisa Freese, Assistant Planner Rick Pearson, Planning Intern Marie Darling, and Mike Miles, City legal counsel. MOTION by Baago to approve the July 28, 1992 Regular Meeting Minutes as presented. Second by Busho. Ayes: Busho, Meyer Baago. Nays: 0. Additions to Agenda: 3(a) USPCI Update. Director of Planning Lisa Freese reported that USPCI has completed the grading for their first cell and the liner is ready to be positioned within the cell. Upon completion of construction of the proposed on- site building, approximately ten employees will be employed on the site; however, USPCI public relations staff and sales office will remain in the Rosemount downtown area. Planning Commissioner Busho advised that she had attended a Chamber of Commerce breakfast where Mr. Rex Kraft, USPCI Operations Manager, announced a "Job Fair that will take place on August 20th and 21st. Mr. Kraft also offered to conduct tours of the facility for interested City organizations, including City staff, Council, Commissions, and Committees. Director of Planning Freese provided a brief review of Council action on the items forwarded to them from the Planning Commission. Council: 1) approved the final plats for both Carrollton 4th Addition and Country Hills Sixth Addition; 2) held a Public Hearing and approved the Comprehensive Guide Plan Amendment to include the Armory site within the MUSA; 3) encouraged applicant to proceed with next step for development of a cemetery, between Biscayne Avenue and Rosemount Woods, for the Islamic Community; 4) authorized contracting OSM Engineering to provide the City with a Transportation Study for the western portion of Rosemount; and 5) accepted the report for the 1992 goal setting session held between City Council and City staff department heads, and approved the goals and strategies outline. Assistant Planner Rick Pearson submitted the O'Leary's Hills Fifth Addition for final plat approval. The 11.9 -acre plat consists of 35 single family lots, situated between Chippendale Avenue and Shannon Parkway, and aligned with 152nd Street West. Metropolitan Council is currently reviewing the Guide Plan Amendment that would allow the sanitary sewer flows for this plat to be diverted to the Empire Waste Water Treatment Plant. The O'Leary's Hills Fifth Addition final plat is consistent with the O'Leary's Hills PUD and preliminary plat and meets the minimum requirements of the Zoning and Subdivision Ordinance. MOTION by Baago to recommend to City Council approval of the final plat for O'Leary's Hills Fifth Addition subject to: 1) engineering plans, and specifications and grading plan to be approved by the City Engineer; 2) an executed Subdivision Development Agreement; 3) approval by the Metropolitan Council of the Guide Plan Amendment for sewer service diversion to the Empire Waste Water Treatment Plant; 4) rezoning from AG (Agriculture) to R -1 (Single Family Residential); 5) either locating the driveway for Lot 1, Block 1, at the south half of the lot or the construction of a temporary cul -de -sac at the northern terminus of Claret Avenue built to standards as required by the City Engineer; 3 veryihings Coming Up gosemouni!! `J recycled paper Regular Planning Commission Meeting Minutes August 11, 1992 Page Two 6) installation of 8 -foot wide bituminous or 5 -foot wide concrete sidewalks, as required by the Parks and Recreation Director; and 7) $16,800 cash park dedication, in lieu of land. Second by Meyer. Ayes: Meyer, Baago, Busho. Nays: 0. Assistant Planner Rick Pearson acknowledged City Attorney Mike Miles who was in attendance at the invitation of the Planning Commission to address any legal issues surrounding the Shannon Pond development proposal. The Planning Commission tabled action on the preliminary plat and PUD on July 24, 1992 to allow additional time for representatives of Hampton Development Corporation and Rosemount Development Inc. to negotiate a settlement over the 120 -foot strip of property, owned by Rosemount Development Inc. The subject strip of land is situated in the midst of the proposed Shannon Pond development and is the location of a 60 -foot wide easement designated for future storm water utilities. Rod Crass, Hampton Development legal counsel, and Michael Broback, Rosemount Development Inc. legal council, were present and stated that the two parties have not yet reached agreement in their negotiations for purchase of the subject property. Mr. Crass requested Planning Commission formal recommendation to City Council regarding the Shannon Pond PUD and preliminary plat subject to resolution of the controversial property. The Planning Commission was in consensus that several "planning" review aspects of the Shannon Pond Pud /Preliminary Plat had not been completed and expressed their belief that it was essential for further Planning Commission review prior to formal recommendation to City Council. City Attorney Mike Miles advised that the Planning Commission evaluate the standards they would like to see met in this development proposal before removing this issue from the Planning Commission table. The Commissioners encouraged the two parties to continue negotiations and to inform City staff of their progress in reaching a compromise. MOTION by Busho to table action regarding the preliminary plat and Planned Unit Development (PUD) for the Shannon Pond Development; and, further, to require additional input from the Parks and Recreation Committee with regard to recommended sidewalk location/placement within the proposed development. Second by Baago. Ayes: Baago, Busho, Meyer. Nays: 0. The Board of Appeals and Adjustments heard testimony at a Public Hearing held 011 May 12, 1992 on a request from Mr. Rolland Sachs, 3155 145th Street East, to consider a variance to maximum aggregate total square footage for accessory structures on less than 20 acres, located east of Akron Avenue, in the AG Agriculture District, and constructed for non agricultural use. Although the Public Hearing was closed, formal action was tabled and the Board directed Planning staff to further research whether the phrase "maximum aggregate" was intended to be adopted as the ordinance is written. Upon verification by Planning staff of formal action taken by City Council regarding accessory structures, it was affirmed that the ordinance was accurate as written. However, due to the unique circumstances of this request, a willingness to work with Mr. Sachs was expressed by the Commission and Planning staff was directed to research options that would provide a process for provisional approval for the building permit. Director of Planning Lisa Freese advised that a Conditional Use Permit (CUP) and an Interim Use Permit (IUP) both would have significant disadvantages that Planning staff believes would cause unacceptable precedents, even if the Text Amendment for either were confined to east of Akron Avenue. Upon further review of the circumstances surrounding Mr. Sachs' request, Planning staff feels that a hardship was created by the University of Minnesota Agricultural Station which caused the groundwater contamination of Mr. Sachs' property. The groundwater contamination was a major factor which led to denial of financing for the proposed structure. Regular Planning Commission Meeting Minutes August 11, 1992 Page Three The Planning Commission concurred that there are exceptional and extraordinary circumstances and conditions applicable to the Sachs property that do not apply generally to other properties in the same district. The Commission also acknowledged that Mr. Sachs followed the requirements of the City in good faith by platting his property as a necessary preliminary step to obtaining a building permit. Mr. Sachs' permit request met all pre -1989 zoning ordinance requirements for accessory buildings. The issue at the time of the original request was confined to the platting requirement of the City. MOTION by Busho to approve the variance petition of Rolland Sachs for issuance of a building permit to construct a 2,400 square foot accessory structure, which exceeds the permitted maximum aggregate square footage for accessory buildings for non agricultural use in the Agriculture District, east of Akron Avenue, on Lot 2, Block 1, Sachs and Kassube Addition, because it has been demonstrated that extreme and unusual hardship, due to water contamination, was imposed on Mr. Sachs' property by outside influences, which resulted in his inability to act upon the building permit that was approved previous to adoption of the current Zoning Ordinance. Second by Baago. Ayes: Busho, Meyer, Baago. Nays: 0. Director of Planning Lisa Freese discussed a proposed Zoning ordinance Text Amendment which was drafted by Planning staff in response to the Commission's direction to review the setback requirements in older parts of the City. In addition to the Planning Commission's request, a petition has been submitted from the residents of Jeffrey Plan's neighborhood to amend the Zoning Ordinance to re- institute the setbacks in place prior to the adoption of the new ordinance. Mr. Plan's variance request was previously denied by the Board of Appeals and Adjustments. Director of Planning Freese advised that Planning staff has examined the concept of creating a separate single family district to accommodate those areas. The draft amendment would result in the development of a new zoning district that would have the same setbacks that were in the zoning ordinance prior to 1989. In this new district, side yard setbacks would be five feet for single story structures and ten feet for two story structures. The Commission examined a proposed Zoning Map which identified the areas of the City that would be affected by the new zoning district. The areas identified are existing neighborhoods generally platted prior to 1980. MOTION by Baago to recommend that City Council schedule a Public Hearing for Ordinance B Zoning Ordinance Amendment No. B -22, a proposed Zoning Ordinance Text Amendment that would address setbacks in R -1 Single Family Residential Districts. Second by Busho. Ayes: Meyer, Baago, Busho. Nays: 0. Fred Hoisington, consultant, was in attendance and discussed with the Commission the first draft of performance standards for the Residential Planned Unit Development (PUD) in the Comprehensive Guide Plan Update. Mr. Hoisington provided details of the proposed performance standards and discussion was held regarding the implications each standard will have on development. MOTION by Meyer to direct Planning staff to proceed with the development of Residential Planned Unit Development (PUD) performance criteria for inclusion in the Comprehensive Guide Plan Update and to provide the Planning Commission of further detailed criteria as they evolve. Second by Baago. Ayes: Baago, Busho, Meyer. Nays: 0. 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 7:20 p.m. tfully subm r, onna Quintus Recording Secret 3 ily of Rosemount HONE (612) 423 -4411 2875 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 423-5203 Mailing Address: Edward B. McMenomy P.O. Box 510, Rosemount, Minnesota 55068 -0510 COUNCILMEMBERS Sheila Klassen Planning Commission James (Red) Staats Harry Willcox REGULAR MEETING MINUTES AUGUST 25, 1992 Dennis Wippermann ADMINISTRATOR to n Jilk Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly l on Tuesday, August 25, 1992 at 5:00 p.m. Chairperson Meyer called the meeting to order with members Busho, Hathaway and Baago present. Also present was Director of Planning Lisa Freese, Assistant Planner Rick Pearson, and City Attorney Mike Miles. MOTION by Baago to approve the August 11, 1992 Regular Meeting Minutes as presented. Second by Hathaway. Ayes: Busho, Meyer, Hathaway, Baago. Nays: 0. Director of Planning Lisa Freese announced that the City of Rosemount Port Authority has scheduled a tour of the City of Chanhassen on Saturday, September 19th at 9:00 a.m. Chanhassen has been successful in the implementation of a downtown development plan and industrial development plan. John Miller, Economic Development Coordinator, has extended an invitation to the Planning Commission to join the Port Authority on this tour. The Commissioners were asked to contact City Hall to confirm their attendance for the Chanhassen tour. The Metropolitan Council staff has notified the City of Rosemount that the Sewer Service Plan Amendment Application and submittals are adequate for their evaluation. The 90 -day review period has begun and the City anticipates an October 29, 1992 Metropolitan Council review completion date. Director of Planning Lisa Freese discussed the following topics, recently acted upon by Council. The Rosemount City Council: 1) set a Public Hearing for September 15, 1992 at 8 :00 p.m. for consideration of an amendment to the zoning ordinance text and map that would create a new R -1A Zoning District; 2) is considering a modification to the Firearm Discharge Ordinance; 3) adopted a new Smoke -Free Policy for the City Hall and other City -owned properties and vehicles; and 4) hosted a Growth Management Forum on Tuesday, August 19th. Commissioner Busho advised that she had attended the Growth Management Forum which was entitled A New Vision for How Metropolitan Communities Should Grow, and stated she found it to be very informative. Surrounding communities were invited to attend, as well as other agencies, such as the School District and the Dakota County Extension Service. Ms. Busho advised that she had collected several of the distributed materials and offered to share them with the Commissioners. Assistant Planner Rick Pearson discussed Koch Refining Company's proposed expansion of an existing parking lot, located east of County Road 71 (Rich Valley Boulevard). Combined with the existing lot, the proposed gravel surfaced lot will provide for up to 950 vehicles. Discussion included access, circulation, fencing, and storm water runoff issues. Mr. Pearson advised that these issues have been addressed and reviewed by staff. This matter is submitted for information only and does not require formal action by the Planning Commission. Planning Commission Chairperson Al Meyer announced that, because of potential conflict of interest reasons, he would not be participating in the discussion and voting on Planning Commission Agenda Item #7. Shannon Pond Preliminary Plat /Planned Unit Development. Chairperson Meyer turned over the duties of the Planning Commission Chairperson to Vice-Chairperson Busho at this time. cSverylhing's coming CCU cRosemouni!! tr ,ecvcied Ofle, Regular Planning Commission Meeting Minutes August 25, 1992 Page Two Assistant Planner Rick Pearson reviewed the Planning issues surrounding the proposed Shannon Pond development project. Director of Planning Lisa Freese also review the sidewalk/trail policies in the Parks Plan for connecting routes and internal trails within developments. Discussion included the following Planning staff recommendations: 1) developer acquisition of 15 feet of property from the City utility property south of Jaycee Park, if the submitted plan is to be implemented; 2) Planning Commission approval of variances for lot width and depth for Lot 6, Block 6 and Lot 2, Block 5; and 3) consideration of the Park and Recreation Committee's request for requiring a sidewalk/trail extension from 157th Street to 156th Street West along Upper 156th Street. City Attorney Mike Miles advised that Planning Commission's formal review and recommendation of the Shannon Pond PUD /preliminary plat does not require that ownership issues of the property be resolved. However, formal action on a final plat for the Shannon Pond development proposal will require proof of ownership. MOTION by Baago to recommend to City Council approval of the Shannon Pond Concept Planned Unit Development and preliminary plat subject to: 1) execution of a Planned Unit Development Agreement and Subdivision Development Agreements for each phase of the development; 2) approval of engineering, grading, and utility plans and specifications by the City Engineer; 3) acquisition of the westerly 15 feet of the well site adjacent and south of Jaycee Park be authorized by the Utility Commission and the City Public Works Director; 4) rezoning from AG (Agriculture) to R -1 (Single Family Residential); 5) approval of the Comprehensive Guide Plan Amendment for the sewer diversion to the Empire Waste Water Treatment Plant; 6) a determination from the Environmental Quality Control Board indicating if an Environmental Assessment Worksheet is required; 7) cash, in lieu of Park Land Dedication, as required per City Ordinance and the recommendation by the Park and Recreation Committee motion at their July 20, 1992 meeting; 8) proof of property title at the time of final plat application as per Subdivision 3.3(b) of the City of Rosemount Subdivision Ordinance; and 9) installation of a sidewalk along Upper 156th Street West between 156th Street West and 157th Street West. Second by Hathaway. Ayes: Hathaway, Baago, Busho. Nays: 0. Abstain: Meyer. Motion passed. MOTION by Busho to recommend to City Council that a Public Hearing be scheduled for formal review of the Shannon Pond Preliminary Plat and Planned Unit Development. Second by Hathaway. Ayes: Baago, Busho, Hathaway. Nays: 0. Abstain: Meyer. Motion passed. Al Meyer assumed his duties as Planning Commission Chairperson at this time. Mr. Larry Norris, Project Manager for Dakota County, was in attendance to request approval of a site plan to permit the construction of 40' x 60' accessory structure on the Dakota County Highway maintenance and storage property located at 14300 Biscayne Avenue. The structure is proposed to be situated in the northeast portion of the site, 95 feet from the Chicago Northwestern Railroad right -of -way and 65 feet from the easterly property line. This structure will be used for the storage of a salt and sand mixture which is used on Dakota County roads during the winter months. The Commissioners discussed the possibility of rotating the shed so that the entrance faces to the west. This would reduce the potential for noise impact on residential development proposed on the CMC- optioned property to the east of this site. Mr. Norris stated that the proposed building is an open -ended structure for ease of storage and retrieval of the salt /sand mixture. The Commission discussed the possibility of rotating the shed so that the entrance faces the west or possibility for construction of an earthen berm between the building and the easterly property line. Mr. Norris stated that the building could be re- oriented to the west in the interest of allowing the project to begin. Also, the southerly exposure provides optimum maneuverability and safety for the equipment operators, as well as reducing the potential for salt contamination from prevailing westerly winds. Regular Planning Commission Meeting Minutes August 25, 1992 Page Three MOTION by Baago to approve the site plan for the Dakota County Salt Storage accessory structure, subject to conformance with applicable building and fire codes and subject to orientation of the structure's entrance to the west. Second by Busho. Ayes: Busho, Meyer, Hathaway, Baago. Nays: 0. Mr. Dennis Werkmeister, Enron Northern Natural Gas Company, has requested site plan approval of a regulator and meter facility that will provide natural gas for Koch Refining Company. The facility, situated on a 100' by 100' site approximately 80 feet west of STH 52 right -of -way, will consist of two 100 square foot structures and a 56 square foot structure. The property is leased from Koch Refining Company. Assistant Planner Rick Pearson advised that Planning staff has requested additional landscaping along the northerly and southerly property lines, as well as to the frontage of the Koch property. Mr. Ray Knutson, Koch Refining Company representative, was in attendance and voiced support of the request from Enron and advised that Koch Refining Company has agreed to participate in the installation of the landscaping, as recommended by Planning staff. MOTION by Hathaway to approve the site plan for a Regulator and Meter Station on leased property from Koch Refining, subject to: 1) conformance with applicable building and fire codes; 2) provision of proof of liability insurance for the fence, as required by City of Rosemount Ordinance B -21, Section 3, as well as construction detail; and 3) installation of landscaping, as specified by Planning staff. Second by Meyer. Ayes: Meyer, Hathaway, Baago, Busho. Nays: 0. Director of Planning Lisa Freese advised that the City of Rosemount Port Authority is considering an amendment to the City's 1979 Redevelopment Plan which would provide for an expansion of the downtown tax increment district to include the Armory site, as well as other properties to the north of the downtown area that were not previously qualified for tax increment dollars. The Planning Commission must review the amended redevelopment district to determine consistency with the Comprehensive Guide Plan. Comprehensive Guide Plan Amendment No. 23, if approved, will bring this area within the MUSA boundary. Planning staff has reviewed and recommends that the proposed modifications to the Development Program for Development District No. 1 and Rosemount Redevelopment Plan are in conformance with the City of Rosemount Comprehensive Guide Plan, currently adopted by the City. MOTION by Meyer to adopt Planning Commission Resolution 1992 -3 A RESOLUTION FINDING THAT THE MODIFICATIONS TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 AND TO THE ROSEMOUNT REDEVELOPMENT PLAN ARE IN CONFORMANCE WITH THE CITY OF ROSEMOUNT COMPREHENSIVE GUIDE PLAN. Second by Baago. Ayes: Meyer, Hathaway, Baago, Busho. Nays: 0. Chairperson Meyer requested the remainder of the agenda items be deferred to the next Regular Planning Commission Meeting in order that a presentation scheduled for 6:30 p.m. could convene. Director of Planning Lisa Freese welcomed members of the City Council, Port Authority, Utilities Commission, and Park and Recreation Committee who had been invited to attend this presentation. Ms. Freese stated the purpose of this presentation is to improve communication between the City and the University and to identify land use issues on the U of M Rosemount Campus properties. Mr. Larry Anderson, Director of Campus Master Planning for the University of Minnesota, discussed the process currently underway for the University of Minnesota Rosemount Campus Land Use Plan Update. Current land use issues, new needs, and policy changes, as identified by University personnel, and the projected schedule for completion of the plan update were discussed. Upon conclusion of the presentation, Mr. Anderson encouraged comments and answered questions from those in the audience. Several issues and concerns were expressed by those in attendance. Regular Planning Conunission Meeting Minutes August 25, 1992 Page Four 0 MOTION by Busho to adjourn. Second by Hathaway. Ayes: Hathaway, Baago, Busho, Meyer. Nays: 0. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 7:30 p.m. Re:i r tfully submi r ��1 a Donna Quintus Recording Secretary (9 ily of gosemouni O HONE (612) 423 -4411 2875 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 423-5203 Mailing Address: Edward B. McMenomy P.O. Box 510, Rosemount, Minnesota 55068 -0510 COUNCILMEMBERS Sheila Klassen Planning Commission James (Red) Staats Harry Willcox Dennis Wippermann REGULAR MEETING MINUTES SEPTEMBER 8, 1992 ADMINISTRATOR Stephan Jilk Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on Tuesday, September 8, 1992 at 5:00 p.m. Chairperson Meyer called the meeting to order with members Busho and Hathaway present. Also present were Director of Planning Lisa Freese, Assistant Planner Rick Pearson, and Mike Miles, City legal counsel. There were no additions or corrections to the agenda. Planning Director Freese apprised the Commission of the upcoming special City Council budget meeting scheduled for September 9, 1992 and encouraged Planning Commission members to attend. Planning Director Freese briefly reviewed recent City Council actions forwarded to them from the Planning Commission. Council: 1) tabled the Shannon Pond PUD and condemnation request until a future meeting; 2) was provided a brief update regarding the Comprehensive Guide Plan process; 3) was provided a revised metropolitan forecast, and 4) discussed improvements and turn lanes for Highway 3 for the Armory. Assistant Planner Pearson reviewed the site plan proposal submitted by Daniel E. Huntington for an office and warehouse building to be located at 15185 Carrousel Way. Discussion ensued regarding staff's condition of approval for the plan and agreements were reached for such. MOTION by Meyer to approve the site plan for the office /warehouse building project subject to: 1) a grading /erosion control and sediment control /drainage plan for South Rose Park 3rd Addition must be submitted to and approved by the City Engineer; 2) modification of the landscape plan regarding plant materials, spacing, and to include three additional trees, in accordance with Section 8.3 of the Zoning Ordinance; 3) providing a landscape performance security, as required in Section 8.3(G) of the Zoning Ordinance; 4) conformance with applicable building and fire codes, and handicapped access requirements that are in effect at the time of building permit issuance. SECOND by Hathaway. Ayes: Busho, Meyer, Hathaway. Nays: 0. Assistant Planner Pearson reviewed the site plan proposal submitted by Steve Kopel, owner and operator of McDonald's Restaurant on C.S.A.H. 42 and Canada Avenue for a "playland" addition and additional seating capacity. After considerable discussion regarding staffs recommendations for approval and, specifically, the issue of excess use of a portable sign and banners, the Planning Commission directed that Planning staff further investigate the McDonald's Restaurant's excess use of portable signs. The Planning Commission also recommended that Planning staff seek legal counsel in their review. MOTION by Busho to approve the site plan review for the McDonald's restaurant addition subject to: 1) conformance with applicable building and fire codes, as well as handicapped requirements that are in effect at the time of building permit issuance; and 2) providing a landscape performance security, as specified in Section 8.3(g) of the Zoning Ordinance. SECOND by Hathaway. Ayes: Meyer, Hathaway, Busho. Nays: 0. c verylLings @omzng cup gosemoun0 0 recycled paler Regular Planning Commission Meeting Minutes September 8, 1992 Page Two 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 hearing scheduled for this time. Chairperson Meyer opened the public hearing to receive input on the Variance Petition submitted by Jesse Blankenship. The recording secretary had in her possession Affidavits of Publication and Mailed and Posted Hearing Notice. Mr. Jesse Blankenship, 3900 153rd Street West, has petitioned the City to grant a variance to side yard setback requirements to allow construction of an attached deck along the east side of his house which is approximately 12.5 feet from the side yard property line. The Zoning Ordinance requires ten feet side yard setbacks in the R -1 District. Mr. Blankenship discussed his request for a two foot variance to side yard property line. He maintained that the requested two feet would meet minimum code requirements for clearance around the fireplace chase. Discussion continued regarding minimum building requirements and it was determined that approximately 1 -1/2 feet would meet code requirements. The Board expressed concern for setting a precedence in approving more than minimum building code requirements. There were no other comments from the audience and Chairperson Meyer closed the public hearing for Jesse Blankenship. MOTION by Meyer to approve the variance petition of Jesse Blankenship for setback variance for the east side yard (interior) because the request meets the requirements of Section 15.2 of the Zoning Ordinance, subject to the variance allowing the minimum encroachment into the setback to meet uniform building code standards. SECOND by Busho. Ayes: Hathaway, Busho, Meyer. Nays: 0. Planning Director Freese submitted the O'Leary's Hills 6th Addition for final plat approval. It was explained that this two lot subdivision was originally part of the Seventh Addition in the approved phasing plan of the PUD. These lots, however, have utilities stubbed in from 155th Street West and are currently included in the Metropolitan Urban Service Area (MUSA). Although it will require rezoning from AG to R -1, it meets current minimum Zoning Ordinance requirements and is consistent with the Comprehensive Guide Plan land use designation. MOTION by Hathaway to recommend approval of the Revised Phasing Plan for O'Leary's Hills Addition PUD. SECOND by Meyer. Ayes: Busho, Meyer, Hathaway. Nays: 0. MOTION by Busho to recommend approval of the rezoning from AG (Agricultural) to R -1 (Single Family Residential) for the proposed O'Leary's Hills Sixth Addition. SECOND by Hathaway. Ayes: Meyer, Hathaway, Busho. Nays: 0. MOTION by Meyer to recommend approval of the Final Plat for O'Leary's Hills Sixth Addition subject to: 1) engineering plans and specifications for public improvements and grading plan be approved by the City Engineer; 2) an executed Subdivision Development Agreement; 3) rezoning from AG (Agricultural) to R -1 (Single Family Residential); 4) approval of a PUD Amendment revising the Phase Plan; 5) locating the driveway for the lots on the north /south street; and 6) cash payment of $960.00 for Park Dedication. SECOND by Hathaway. Ayes: Hathaway, Busho, Meyer. Nays: 0. Planning Director Freese reviewed background information regarding Todd Franz's duplex and car lot located at 13940 South Robert Trail and his appeal to a decision made by Ron Wasmund, the City Building Official, to deny a building permit application by Mr. Franz for window and door replacement on his duplex. This denial was based on the nonconforming provisions of the Zoning Ordinance, Section 13. Many issues were discussed including the appearance that when all improvements are accounted for, including the violations cited by Dakota County, the cost of repairs will exceed 30 percent of the duplex's assessed valuation. Also discussed was the issue of whether the building had been unoccupied for a period of time and whether this constitutes abandonment. Planning staff suggested that abandonment should be considered a discontinuation of a legal use. Regular Planning Commission Meeting Minutes September 8, 1992 Page Three It was suggested that more time should be allowed for Mr. Franz to provide additional information regarding improvements and that meetings should take place between staff, legal counsel and Mr. Franz to discuss the status of his property and its nonconforming uses. MOTION by Busho to table action to allow appellant time to provide additional information and to allow City staff and legal counsel to meet with the appellant. SECOND by Meyer. Ayes: Busho, Meyer, Hathaway. Nays: 0. Planning Director Freese updated the Commission on the proposed Zoning Ordinance Text and Map Amendment for the new R -1A Zoning District. It has been suggested that this new zoning district be created for the older parts of the City and be consistent with the pre -1989 setbacks, under which this area was developed. In this new district, side yard setbacks would be five feet for single story houses and ten feet for two -story houses. The rear setback would be 25 feet instead of 30 feet. It is hoped that by changing these setback requirements it will make it easier for homeowners to improve their homes with additions or accessory garages and meet current setbacks without going through the variance process. MOTION by Busho to recommend approval of the Zoning Ordinance Text Amendment creating the R -1A Single Family Zoning District and to recommend approval of the Zoning Ordinance Map Amendment. SECOND by Meyer. Ayes: Meyer, Hathaway, Busho. Nays: 0. Planning Director Freese updated the Commission on the Utility Feasibility Study proposed for Eastern Rosemount. She reviewed the areas to be included in the study and explained that the University property would also be included in the study. The Engineering staff is preparing a Request for Proposal (RFP). It was also noted that City staff has met with Koch Refining and Koch officials have indicated an interest in public utilities. Discussion ensued regarding funding and whether there would be sufficient funds in next year's budget. Freese stated that funds would be expended from this year's budget but that the City will be interested in creative funding proposals from the engineering firms responding to the RFP. Planning Director Freese advised the Commission that The Metropolitan Council had adopted an "interim policy" for reviewing local comprehensive plan amendments requesting an expansion to the Metropolitan Urban Service Area (MUSA). She provided a brief overview of the policy and noted conflicts in the policy that would have to be dealt with head -on in the City's Comprehensive Guide Plan review. The policy does not look beyond the year 2000. It also appears that the City's sewer diversion amendment may be received favorably. Freese also stated that the Metropolitan Council is likely to require the City to prepare a 1996 map and a year 2000 MUSA map. Planning Director Freese briefly reviewed the "Streets Five -Year Capital Improvement Program" concept. She informed the Commission that the City Council supports this concept and has directed staff to continue the next steps in the process. Freese reviewed the tentative program explaining which streets were to be improved and which year it is to take place. She asked the Commission for any input regarding timing and identification of future street projects. Planning Director Freese asked that a work session be set to discuss the draft Implementation Plan of the Comprehensive Guide Plan. Meeting dates were discussed and September 24, 1992 was chosen as a possibility. Freese was directed to check with Commissioners Gundacker and Baago to see if this date would fit into their schedules. 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 7:20 p.m. Res sect Ily submitted, Deborah Widstrom Recording Secretary ily of Rosemount O HONE (612) 423 -4411 2875 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 423 -5203 Mailing Address: Edward B. McMenomy P.O. Box 510, Rosemount, Minnesota 55068 -0510 COUNCILMEMBERS Sheila Klassen Planning Commission James (Red) Staats Harry Willcox REGULAR MEETING MINUTES SEPTEMBER 22, 1992 Dennis Wippermann ADMINISTRATOR e an Jilk Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was uf held on Tuesday, September 25, 1992 at 5:00 p.m. Vice Chairperson Busho called the meeting to order with members Gundacker and Baago present. Also present was Director of Planning Lisa Freese and Planning Assistant Rick Pearson. MOTION by Baago to approve the August 25, 1992 Regular Meeting Minutes as presented. Second by Gundacker. Ayes: Gundacker, Busho, Baago. Nays: 0. MOTION by Baago to approve the September 8, 1992 Regular Meeting Minutes as presented. Second by Gundacker. Ayes: Busho, Baago, Gundacker. Nays: 0. Director of Planning Lisa Freese discussed Council action regarding the Zoning Ordinance Text and Map Amendment that provided for the establishment of the R -1A Single Family Residential District. Council approved the amendment as recommended by Planning Commission with the exception of the Carrollton Addition. After considerable discussion, Council agreed that, due to the larger lots within Carrollton Addition, the need for variances to setback requirements should not be as great as small lot subdivisions; therefore, Council elected to exclude this area from the R -1A District. Ms. Freese briefly reviewed other Council actions and reiterated a special invitation from Council Member Klassen to attend a presentation from Mr. William Norris on how to attract desirable businesses into Rosemount. Mr. Norris is a Rosemount resident and former CEO for Control Data. He is a very successful businessman who has started and managed several businesses. He is currently assisting in the establishment of business in the former Soviet Union. This presentation has been scheduled for October 6, 1992 at 4:30 p.m. in the City of Rosemount Council Chambers. The Commission was encouraged to attend if their schedules would allow. Assistant Planner Rick Pearson discussed the Planning Commission's approval of a 2400 square foot salt storage building as requested by Dakota County. The accessory structure, proposed to be located on Dakota County Highway maintenance and storage property at 14300 Biscayne Avenue, was approved by the Planning Commission at the August 25, 1992 Regular Meeting. The issue identified by the Planning Commission at that time was the impact on the level of noise that would be heard from future residential uses to the east of the County property which led to the approval of the structure subject to orientation of the opening to the west. Dakota County has resubmitted their site plan and is requesting Planning Commission reconsideration of their approval of this structure with the opening to the south. Dave Everds, Dakota County Engineer, was in attendance to discuss the noise impacts relating to the salt /sand mixing and loading operation and provided a comparison of noise impacts with the opening of the structure facing both to the west and to the south. With orientation of the opening to the west, the salt /sand stockpile would have to be located to the south of the storage building due to restrictions posed for normal equipment operation to the west. With the stockpile to the south of the cS vercylhttngs oming VP (Rosemount! 0 recycled paper Regular Planning Commission Meeting Minutes September 22, 1992 Page Two building, only the existing trees /vegetation to the east will provide a sound /sight barrier to future residential uses. If the storage building is oriented with the opening to the south, salt /sand stockpiles could be situated to the west of the building; thus, the building and stockpile both serve as a sound barrier to the proposed easterly residential area. Further, a southerly opening to the storage building provides protection to the building contents (salt) from snowdrifts and environmental contamination from northwesterly winds which would cause considerable disruption to the use of the building. MOTION by Gundacker that the Planning Commission finds that the existing pine trees and vegetation along the easterly property line is sufficient for sound /sight barrier to the salt /storage operation and, further, that the Planning Commission approves the site plan for the Dakota County Salt Storage accessory structure, as revised, subject to conformance with applicable building and fire codes. Second by Busho. Planning Commissioner Baago stated that, although the existing vegetation does provide sufficient visibility screening, he has reservations as to whether noise impacts are sufficiently addressed with this revised plan. Mr. Baago advised that the potential for noise impacts on the future residential area to the east is justification for requiring additional mechanical sound /noise barriers such as a solid fence or earthen berm. Vote on the MOTION: Ayes: Gundacker, Busho. Nays: Baago. MOTION PASSES. Todd Franz, South Metro Auto Sales, officially withdrew his request for an appeal to staff interpretation of the Zoning Ordinance regarding nonconforming uses which resulted in the denial of his request for a building permit. Mr. Franz's property, located at 13940, is zoned C -2 (Community Commercial) which renders both the multiple residential and auto related business uses on this property as non conforming uses. Due to the classification of the use, Mr. Franz's proposed repairs to the residential structure were interpreted to be in excess of 30 of the total value of the structure and, therefore, a building permit was denied. As recommended by the Planning Commission at their last meeting, Mr. Franz and his legal counsel, Mr. Keller, met with Director of Planning Lisa Freese, Assistant Planner Rick Pearson, Public Works Director /Building Official Ron Wasmund, and City Attorney Mike Miles. During the meeting, Mr. Franz indicated that he had revised his restoration plans for the structure which, in some instances, did not require a building permit. Mike Miles, City legal counsel, has provided staff with a formal response regarding issuance of the building permits requested by Mr. Franz, and it has been determined that staff can issue building permits for a new heating system, door replacement, and residing. These improvements do not exceed the improvement valuation limits established in Section 13 of the Zoning Ordinance regarding nonconforming uses. As recommended by his legal counsel, Mr. Franz has acquired his building permits and officially withdrew his Administrative Interpretation Appeal Application. After discussion, the Planning Commissioners were in consensus that the nonconforming use provisions in the Zoning Ordinance be examined and options explored to include language that would provide clear guidance with regard to nonconforming uses. Further, that "ways of getting around" the 30% ruling for renovation of nonconforming uses be eliminated. MOTION by Gundacker directing that staff review Section 13 of the Zoning Ordinance regarding Nonconforming Uses and provide proposals for an amendment to this section that would provide for clear direction and clarification of intention, purpose and authorization for uses. Second by Busho. Ayes: Gundacker, Busho, Baago. Nays: 0. Regular Planning Commission Meeting Minutes September 22, 1992 Page Three 41 Assistant Planner Rick Pearson advised that Koch Refining Company has submitted a site plan and building permit applications for building additions to two existing structures and one new building within the refinery complex. As with previous projects, all three projects are not visible from the public right -of -way. Mr. Pearson discussed the details of the application and the site plan. Mr. Pearson noted that this request is similar to previous site plans in which Planning staff has recommended transferring the value of landscape improvements to an appropriate area adjacent to public right -of -way for maximum effect. With this particular request, Planning staff is recommending that it would be appropriate to transfer Landscape requirements for this project to the recently approved parking lot expansion along County Road 71 for additional parking lot enhancement. MOTION by Gundacker to approve the site plan for building additions and new construction for Shop 7, Shop 9, and Building 33 BD -1 in the Koch Refinery complex, subject to: 1) the installation of landscape improvements adjacent to County Road 71 to screen the parking lot improvements, with a landscaping plan pre approved by City staff; 2) posting of a security for said landscape improvements, per Section 8.3(G) of the Zoning Ordinance; and 3) conformance with applicable building and fire codes. Second by Baago. Ayes: Busho, Baago, Gundacker. Nays: 0. Mr. Steve Fiterman, Shannon Hills Planned Unit Development (PUD) developer, has requested approval of an addendum to the PUD Agreement that revises the phasing plan for ultimate development of his property. A new phasing plan was a condition for approval of the Shannon Hills 4th Addition. The original PUD and Master Subdivision Development Agreement were executed on August 29, 1989. Addendum No. 1, executed on October 9, 1990, revised the phasing and park dedication relative to Carroll's Woods. The proposed revision to the phasing plan scales down interim phasing which reflects a more conservative marketing philosophy on the part of the developer. MOTION by Baago to recommend approval of Shannon Hills Planned Unit Development Addendum No. 2 which provides for a revised phasing plan for the Shannon Hills Development. Second by Busho. Ayes: Baago, Gundacker, Busho. Nays: 0. MOTION by Gundacker that, due to the lack of decision and recent actions displayed by Metropolitan Council on the City's Comprehensive Guide Plan Amendment No. 22 regarding the sewer diversion of Section 31 to the Empire Waste Water Treatment Plant, the Planning Commission highly recommends that until more definitive guidelines are provided by Metropolitan Council staff to the City regarding the sewer diversion issue, the proposed meeting for final recommendation on the Comprehensive Guide Plan Update be deferred until after October 26, 1992. Second by Busho. Ayes: Gundacker, Busho, Baago. Nays: 0. MOTION by Gundacker to adjourn. Second by Baago. Ayes: Gundacker, Busho, Baago. Nays: 0. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 6:40 p.m. R- tfully sub Aft Di a 1 s Recording Secretary frijoel S &t. /3, /9,2 �oxia.40p 1 Fesar :L -4 f gandrzfietZiy#p .1.vt _Th '2446 0 PIA- i41u14l' r> So Pieirevr k:Oil E ?t it _orde,- _6 <oo 1 _______,3 _r_ 614,6_ ofam- srobp I o p 4 .,:r6 1 4e,p" 4ody; 7 t r•', 41 i. 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Yo LIM efruYkatA,..._ 6WAulite lle_e2 r 11_/ ,4, &.aL: A, di,....yoto„,42== r __,,..,..t 1.,„}„, ee..-.- c-44...t "C ri „r4Pfri-e04,_ 20-i_c_ 3 r 6 P-fart( '6014....c.„7:W.pj (F og (Li-- 4 .1 i te i _RA, i r aeirs_ ze,/eeit Oyettier i AL_ 9 eflifittleNt) Al. 64. yinksolgsit_z--- 6-( il. II a (eekt.a.,› iiKt Bo__r/ !AI .1 a sti s-z. k 4e_ey, f 4 i t kW) r 4 CND_ 1 4. iJ 4 li LI 411 1 1 t A I .1) wfi El. i d _at Fe_m 0 o. A 1 O tArkfZi.V( ‘-(t) alitff.intek, r, ily o g osemouni HONE (612) 423-4411 2875 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 423 -5203 Mailing Address: Edward B. McMenomy P.O. Box 510, Rosemount, Minnesota 55068 -0510 COUNCILMEMBERS Sheila Klassen Planning Commission James (Red) Staats Harry Willcox REGULAR MEETING MINUTES OCTOBER 27, 1992 Dennis Wippermann ADMINISTRATOR han Jilk t o Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was my held on Tuesday, October 27, 1992 at 5:00 p.m. Chairperson Meyer called the meeting to order with members Busho and Baago present. Also present was Director of Planning Lisa Freese and Assistant Planner Rick Pearson. MOTION by Busho to approve the September 22, 1992 Regular Meeting Minutes as presented. Second by Baago. Ayes: Busho, Meyer, Baago. Nays: 0. Director of Planning Lisa Freese provided an update on the Downtown Plan Scoping Committee activities. Economic Development Coordinator John Miller serves as the staff liaison to this group. Ms. Freese advised that she will discuss with Mr. Miller the prospect of a joint workshop session with the Planning Commission and the Downtown Plan Scoping Committee that would provide an opportunity for the two groups to exchange concepts and make recommendations for development of the downtown. Should such a meeting be desired by this committee, the Planning Commission will be advised as to the scheduled time of the workshop. Mr. Mark Ulfers, Dakota County HRA Executive Director, presented a concept plan for a senior housing project proposed for the City of Rosemount. Mr. Ulfers discussed an HRA general program with a goal to provide ten (10) housing developments, with local funding, between 1989 and 1998, within the County to address Dakota County's senior housing needs. To date, five (5) senior complexes have been completed. Mr. Ulfers advised that, if the Rosemount Port Authority elects to create a partnership with the Dakota County HRA for a senior housing redevelopment project, the County has developed three (3) conceptual plans for construction of a 40 -unit senior housing structure at a tentative location east of South Robert Trail, south of 146th Street, west of the railroad tracks, and north of 147th Street West. Victor Zeuthen, architect retained by Dakota County HRA, presented three concept site plans for the proposed senior housing complex and answered questions from the Commission regarding existing site conditions; housing building type; parking concepts; and expandability of the project. The Commissioners expressed their endorsement of the project and their preference for "Scheme A" which would require the vacation of Burma Avenue with an access cul-de -sac to the north. Chairperson Meyer recessed the Regular Planning Commission Meeting at 5:35 p.m. and opened the Board of Appeals and Adjustments in order to hold a public hearing scheduled for this evening. Chairperson Meyer opened the Public Hearing to hear testimony on the variance petition submitted by Koch Refining Company. The Planning Secretary had in her possession Affidavits of Posted and Mailed and Published Hearing Notice. Assistant Planner Rick Pearson advised that Koch Refining Company has submitted a request for a variance to Ordinance B -5 Sign Ordinance to allow the construction of five 25- square -foot 6veryihings Coming Q f CcRosemounill 0 recycled paper Regular Planning Commission Meeting Minutes October 27, 1992 Page Two directional signs, 25 feet in height, and located 105 feet within Koch Refining property boundaries. The Sign Ordinance limits the size of directional signs for pedestrian and vehicular movement to four square feet and three feet in height in all districts. Mr. Dave Seligh, Construction Manager for Koch Industries Inc., was in attendance and answered questions of the Commission. The proposed signs will be situated in the Gate 2 area of the Koch complex and will provide guidance and regulation of large truck vehicular movement through three entrance and two exit lanes to the north of the proposed lab building. Upon review of this request, Planning staff has determined that a variance will allow the most specific use of such signs by a private party based upon the physical attributes of the site and the activities related to the use. Therefore, Planning staff recommends the variance be granted because it meets the necessary criteria stated in Section 15.2 of the Zoning Ordinance for the granting of a variance. There were no further comments from the audience. Chairperson Meyer closed the Public Hearing at 5:40 p.m. MOTION by Baago to approve the Variance Petition submitted by Koch Refining Company for an increase in size and height of permitted directional signs, Section 10.2(A -3), Ordinance B -5, because the request meets the requirements of Section 15.2 of the Zoning Ordinance. Second by Meyer. Ayes: Meyer, Baago, Busho. Nays: 0. Chairperson Meyer closed the Board of Appeals and Adjustments and reconvened the October 27, 1992 Regular Planning Commission Meeting at 5:43 p.m. Assistant Planner Rick Pearson introduced Mr. Randal L. Groninger, Krech, O'Brian, Mueller Wass, Inc., architect for Koch Refining Company, who requested site plan approval for a small structure that will be used as a security entrance at Gate 6A Plant Entrance at the refinery. The 380 -foot square structure is proposed to be built around a turnstile, with a guard room on one side and a sheltered waiting area opposite the entrance. The structure, consisting of rock -face concrete block with a standing seam metal roof arched over the pedestrian entrance, meets minimum aesthetic ordinance requirements. Mr. Groninger discussed the proposed landscaping which provides for the equivalent of eight trees on an existing berm along the frontage road. The proposed landscaping plan is consistent with other landscaping "transfer" policies previously used and approved for Koch Refining projects. MOTION by Busho to approve the site plan for the security entrance as requested by Koch Refining Company, subject to the provision of eight trees, in accordance with ordinance standards, at the ponding area and providing a landscaping plan for that purpose, and, in addition, the posting of a security for the landscaping as recommended and approved by Planning staff. Second by Baago. Ayes: Baago, Busho, Meyer. Nays: 0. Director of Planning Lisa Freese advised that she and Assistant Planner Rick Pearson had attended a Planning Forum at the Metropolitan Council and she explained the mechanics of the forum and the involvement of the attendees. Several metropolitan area planners gathered to discuss the Metropolitan Development and Investment Framework (MDIF). A presentation was given by Metropolitan Council staff which identified major issues that will be considered as part of the revision of the MDIF. This was followed by "small group" discussions where planners discussed 2 Regular Planning Commission Meeting Minutes October 27, 1992 Page Three the key issues presented and identified the order of their importance and whether all issues have been addressed by Met Council staff. Results of those small group discussions are in the process of being summarized and printed by Met Council and will be provided to each City as they are available. Ms. Freese advised that she had provided the Commissioners with a copy of the schedule for future meetings and encouraged the Planning Commission to attend any meetings they felt were important. Planning Director Freese advised that the City has received notice from the Federal Emergency Management Agency (FEMA) that the City of Rosemount has approximately ninety (90) days to comply with the requirements of this organization which administers Flood Insurance to property owners. Compliance will require an amendment to the Zoning Ordinance that will provide for incorporation of federal standards for the management and regulation of floodplains. Planning staff intends to address this requirement and to have the ordinance amendment in force prior to the FEMA deadline. MOTION by Baago to adjourn. Second by Meyer. Ayes: Busho, Meyer, Baago. Nays: 0. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 6:15 p.m. R: ectfully sub f II onna Quintus Recording Secre 3 icy of Rosemount HONE (612) 423-4411 2875 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 423 -5203 Mailing Address: Edward 8. McMenomy P.O. Box 510, Rosemount, Minnesota 55068 -0510 COUNCILMEMBERS Sheila Klassen Planning Commission James (Red) Staats Harry Willcox REGULAR MEETING MINUTES NOVEMBER 10, 1992 Dennis Wippermann AD S an Ji Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was c uP held on Tuesday, November 10, 1992 at 5:00 p.m. Chairperson Meyer called the meeting to order with members Gundacker, Busho and Hathaway present. Also present was Director of Planning Lisa Freese and Assistant Planner Rick Pearson. MOTION by Busho to approve the October 27, 1992 Regular Meeting Minutes as presented. Second by Hathaway. Ayes: Gundacker, Busho, Meyer, Hathaway. Nays: 0. Director of Planning Lisa Freese provided an update on the following: 1) O'Leary's Hills Fifth Addition rezoning and final plat; 2) Council's authorization for staff to proceed with the purchase of the Geographic Information System (GIS); and 3) a lot split and condemnation request approved by Council which will allow Hampton Development to continue with their proposed Shannon Pond development project. Ms. Freese advised that the most recent action taken by the Airport Technical Advisory Committee has identified seven (7) potential airport sites within the airport search area. Ms. Freese will continue to monitor this committee's activities and provide updates to the Commission as they occur. Ms. Freese also advised that the consultant group of Bonestroo, Rosene, Anderlik Associates, Inc. has been recommended by the review committee to perform the eastern Rosemount sewer and water utility feasibility study. Ms. Freese will keep the Commission apprised of the progress of this study. Assistant Planner Rick Pearson discussed ordinance amendment proposals that addressed several development related issues. Planning staff has drafted ordinance amendments that will regulate sod requirements, setbacks along arterial streets (major thoroughfares) and railroads and minimum landscaping requirements for properties abutting railroad tracks or major thoroughfare rights -of -way and minimum standards for properties disturbed by construction within residential or commercial districts as relates to erosion control and storm water runoff. MOTION by Busho to recommend to City Council that a public hearing be set for December 15, 1992 to hear testimony on the ordinance amendments discussed and presented by Planning staff; and, further, direct Planning staff to prepare specific minimum landscaping standards for planting strips abutting railroad tracks and arterial roads and present them to the Planning Commission for their review and recommendation. Second by Meyer. Ayes: Busho, Meyer, Hathaway, Gundacker. Nays: 0. Chairperson Meyer recessed the Regular Planning Commission Meeting at 5:30 p.m. and opened the Board of Appeals and Adjustments in order to hold a public hearing scheduled for this evening. Chairperson Meyer opened the Public Hearing to hear testimony on the variance petition submitted by Steve Toombs. The Planning Secretary had in her possession Affidavits of Posted and Mailed and Published Hearing Notice. Assistant Planner Rick Pearson advised that Steve Toombs, 3385 143rd Street West, has requested a variance to rear yard and side yard setback ordinance requirements to permit the expansion of his existing garage to within nine (9) feet of his rear property line and to expand the existing 22 -foot 3 veryihings @oming `UGp cRosemounll! Regular Planning Commission Meeting Minutes November 10, 1992 Page Two side yard setback to accommodate the garage expansion. Mr. Toombs' property is situated within the R -1A zoning district which permits accessory structures to within 25 feet of the rear property line and five (5) feet from the side yard property line. Mr. Toombs was in attendance and stated the purpose for his variance request is to permit the expansion of his 20' x 20' detached garage. There is an existing 8' x 20' concrete slab to the rear of the garage and he wishes to enclose this portion and use it for personal storage. The property abuts the Rosemount High School campus. The proposed expansion would not adversely impact that property. Mr. Toombs advised that he has examined alternatives; however, this proposal represents the least impact on present lot landscaping and view. He also noted that this subdivision was developed in 1959 and there are several nonconforming structures within his neighborhood. Ms. Mary Jane Goulet, 3375 143rd Street West, was present in the audience and voiced her support for the variance request. There were no further comments from the audience. MOTION by Meyer to close the public hearing. Second by Busho. Ayes: Meyer, Hathaway, Gundacker, Busho. Nays: 0. After discussion the Commissioners acknowledged that Mr. Toombs' 70 -foot by 112.5 -foot lot size is less than current minimum ordinance standards and, therefore, represented a hardship of the property. The Commissioners noted that the proposal represented an improvement of the property to provide covered storage for personal items. Because the concrete slab currently exists, the Planning Commission concurred that to allow the variance would not intensify lot coverage issues raised by Planning staff. MOTION by Gundacker to grant the variance requested by Mr. Steve Toombs to permit an 8' x 20' expansion to an existing detached garage to within nine (9) feet of the rear property line and to permit the continuation of the existing 21/2-foot side yard setback of Lot 8, Block 2, Motz's Third Addition because this request meets the intent of Section 15.2 of the Zoning Ordinance in that granting of the variance is based upon undue property hardship and the request is not detrimental to the public health, welfare, and safety of the neighborhood. Second by Meyer. Ayes: Hathaway, Gundacker, Busho, Meyer. Nays: 0. Planning Commissioner Gundacker noted that the City should be cognizant of its ability to control lot sizes in subdivisions today and caution should be taken not to approve undersized lots such as the ones in the Motz's addition. Chairperson Meyer closed the Board of Appeals and Adjustments and reconvened the October 27, 1992 Regular Planning Commission Meeting at 5:55 p.m. Director of Planning Freese presented proposed text amendments to the City's Zoning and Subdivision Ordinances pertaining to Floodplain Management. The intent of the text amendments is to bring the City of Rosemount's Floodplain section of the ordinance into compliance with state and federal standards in order to continue to be a participant in the National Flood Insurance Program. The proposed amendments incorporate the Minnesota Department of Natural Resources (DNR) model ordinance, approved by the Federal Emergency Management Agency (FEMA), into the City's existing Floodplain regulations. Ms. Freese advised that the City has been given ninety (90) days from the date of official notification by FEMA Headquarters to receive DNR approval for our revised ordinance. Ms. Freese also noted that, although the majority of the changes are minor, the most significant modification is the requirement to include Conditional Use Permits for certain uses in the Floodplain District. The Planning Commissioners concurred that the proposed Conditional Use Permit Review be Regular Planning Commission Meeting Minutes November 10, 1992 Page Three administered and conducted by the Planning Commission, providing continuity in the review process because it is similar in nature to Site Plan Review. The Commissioners discussed their wish to also include an appeal process in this section. The Commissioners supported Planning staff recommendation to provide for Conditional Uses only in the Floodplain District. Director Freese discussed the Dakota County Planning Department's recently adopted ordinance that offers the ability for local communities to take over the street naming and numbering duties for new plats and site plans. If the City considers taking on this responsibility, we would be required to use the name and numbering procedures currently used by Dakota County. Although this would give the City control over the names selected for streets, Planning staff has identified the advantages and disadvantages of taking over this function and has determined that this duty should not be assumed at this time. In discussing the proposed option, the Planning Commission concurred with staff recommendation that the City should not take over this responsibility at the current time. The Commissioners expressed a desire to take on this task in the future; however, it was agreed that current City staff workload could not assume additional obligations without jeopardizing other duties. MOTION by Hathaway to support the staff recommendation not to assume the administration of the Dakota County Street Numbering and Addressing Ordinance No. 51. Second by Busho. Ayes: Gundacker, Busho, Meyer, Hathaway. Nays: 0. Bernard McGarrigle, Downtown Scoping Committee Chairperson, was in attendance and provided background as to the formation of the Downtown Scoping Committee and discussed the goals and objectives of the group. Mr. McGarrigle identified the committee's goals to define the boundaries of the "downtown area" and to devise minimum standards for development of the downtown. With the assistance of previous downtown study results, City staff expertise, input from City Council, Planning Commission, Port Authority, and existing businesses, it is the Downtown Scoping Committee's intent to recommend a comprehensive design for the downtown area and identify uses for specific areas. The Commissioners requested copies of the written accounts of their meetings so that they are aware of the progress of the Committee and to verify that the Committee's recommendations are in compliance with existing zoning regulations and standards. The Commissioners also expressed their desire to be included in any future joint meetings /workshops the Downtown Scoping Committee may schedule. Director of Planning Lisa Freese reviewed with the Commission the scope of the feasibility study for a Business Park on a 400 -500 acre parcel situated south of CR 42 and east of TH 3. This study has been initiated by the Port Authority with Short- Elliott- Hendrickson, consulting engineers, retained for the approximate six -week study. The study will include an overall concept plan showing road, utility, and business lot locations, proposed phasing of the project, and estimated costs for infrastructure. The Port Authority believes that this study plan will provide a basis for determining the feasibility of development of the business park and provide support for Port Authority staff in approaching private developers in soliciting their participation in the project. MOTION by Meyer to adjourn. Second by Hathaway. Ayes: Busho, Meyer, Hathaway, Gundacker. Nays: 0. There being no further business to come before this Commission and upon unanimous decision, this meeting was adjourned at 7:00 p.m. R tfully se Ilk Donna Quintus Recording Secretary icy o g osemouni O HONE (612) 423 -4411 2875 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 423 -5203 Mailing Address: Edward B. McMenomy P.O. Box 510, Rosemount, Minnesota 55068 -0510 COUNCILMEMBERS Sheila Klassen Planning Commission James (Red) Staats Harry Willcox REGULAR MEETING MINUTES NOVEMBER 24, 1992 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 24, 1992 at 5:00 p.m. Chairperson Meyer called the meeting to order with members Gundacker, Busho, and Baago present. Also present was Director of Planning Lisa Freese and Assistant Planner Rick Pearson. MOTION by Gundacker to approve the November 10, 1992 Regular Meeting Minutes as presented. Second by Busho. Ayes: Gundacker, Busho, Meyer, Baago. Nays: 0. Director of Planning Lisa Freese advised the Commissioners that Council has scheduled a Special City Council Meeting for continued discussion of the Comprehensive Guide Plan Update on Monday, December 14, 1992 at 7:00 p.m. Commissioner Gundacker expressed his regret that he would be unable to attend this work session as he will be out of town. Planning staff recommended that Commissioner Gundacker submit any views and concepts regarding the Comp Plan Update in writing so that they may be considered at this meeting. 111111 Ms. Freese noted that summaries of recent Council actions on specific issues had been provided in the Planning Commission Meeting Packet. Ms. Freese also advised that Council will hold a Special Council Meeting this evening at which time they will select a consultant to assist Planning staff in the permitting process for the Dakota County Incinerator project. Also noted was Council Member Klassen, along with the Dakota County Extension Service, has arranged for an informational meeting to discuss property owner's rights within the Airport Search Area. An attorney from the University of Minnesota will address property condemnation, land use, and property rights to those in attendance. This presentation will be held in the Farmington Extension Service offices. Also, the City Council has encouraged attendance at the Public Hearing for the airport site selection criteria to be held at the Rosemount High School on December 15, 1992. Discussion was held regarding the Residential PUD standards, policies, and performance criteria and the implementation component developed for this portion of the Rosemount Comprehensive Guide Plan Update. Issues discussed regarding Residential PUDs included tree preservation, buffer zones between urban and rural residential districts, and density issues. The Commissioners concurred that natural land resource protection is a priority and that a high level of development control be maintained through performance standards to preserve natural land elements. It was also agreed that a gross density of 2.0 units per acre or a net gross density of 2.5 units per acre (removal of wetlands, slopes, etc. in density calculations) is a reasonable and defensible standard for development of Residential PUD Districts. Planning staff and the Planning Commissioners agreed that the Mixed Use PUD element of the Comprehensive Guide Plan Update should state the objective that at the time of the completion of the Downtown Redevelopment Plan, the Mixed Use PUD be re- evaluated and redefined by the City as a result of the findings of the Downtown Plan. Consensus was also reached by the Commission U' verylhing s @oming `CJLp cRosemounil! ,es yciet1 par*, Regular Planning Commission Meeting Minutes November 24, 1992 Page Two to add a definition that identifies specific criteria and performance standards for buffer /transitional areas between both high intensity and low intensity land uses. Public and Institutional Land Use Elements will be added to the revised Comprehensive Guide Plan. Several suggestions were made by the Commissioners regarding categorizing of different public uses. Planning staff will take the Commission's recommendations into consideration in drafting this portion of the guide plan document and present them for final Planning Commission comment and feedback. Adventure Zone, a paintball business located on industrially zoned property in eastern Rosemount, has submitted a request to the City to operate their currently seasonal recreational business on a year -round basis. This type of commercial recreation business is not considered a permitted use in that zoning district; however, this type of business has been allowed by Council under a temporary use permit without consideration of the zoning requirements. Planning staff has reviewed this request and has concluded that this business should come into conformance with the City's zoning regulations if the use is going to intensify. The Planning Commission concurred with Planning staff's recommendation to require the applicant request a text amendment to allow this type of recreational business use in the Industrial District as a Conditional Use with performance standards. The draft Flood Plain Ordinance revision was reviewed by the Commission. Primary modifications from the existing ordinance were identified by staff. With these text amendments, the City's Flood Plain section of the Zoning Ordinance is in compliance with the State and Federal standards. MOTION by Gundacker to recommend that the City Council set a public hearing at the earliest possible date after the DNR's review is completed. Second by Baago. Ayes: Busho, Meyer, Baago, Gundacker. Nays: 0. MOTION by Gundacker to recommend approval of the Flood Plain amendments to the City of Rosemount Zoning Ordinance as presented in the 11/18/92 draft. Second by Meyer. Ayes: Meyer, Baago, Gundacker, Busho. Nays: 0. Director of Planning Lisa Freese requested tabling the review of the 1993 Planning and Zoning Review /Application Fees until the next meeting to allow additional time for revisions to the fee schedule. Assistant Planner Rick Pearson discussed existing sidewalk /trail policies and references to system plans in the Parks Comprehensive Plan and the Subdivision Ordinance and the need for the development of guidelines and performance standards to be given to a developer when he submits a request to develop property within the City of Rosemount. Assistant Planner Pearson advised that the subdivision amendment should expand upon the Parks Comprehensive Plan definition of sidewalks and trail systems. MOTION by Busho directing that Planning staff draft a set of standards and performance criteria for Trails and Pedestrian Ways; and, further, to obtain input from the Parks and Recreation Committee on a draft subdivision ordinance that includes this criteria and present the final draft to the Planning Commission for formal recommendation of a subdivision ordinance amendment. Second by Gundacker. Ayes: Baago, Gundacker, Busho, Meyer. Nays: 0. MOTION by Meyer to adjourn. Second by Gundacker. Ayes: Gundacker, Busho, Meyer, Baago. Nays: 0. There being no further business to come before this Commission and upon unanimous decision, this meeting was adjourned at 8:20 p.m. Re y i- tfully sub o es onna Quintus Recording Secretary ily of gosevnou,ni O HONE (612) 423-4411 2875 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 423-5203 Mailing Address: Edward B. McMenomy P.O. Box 510, Rosemount, Minnesota 55068 -0510 COUNCILMEMBERS Sheila Klassen Planning Commission James (Red) Staats Harry Willcox REGULAR MEETING MINUTES DECEMBER 8, 1992 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 8, 1992 at 5:00 p.m. Chairperson Meyer called the meeting to order with members Gundacker, Busho, and Baago present. Also present was Director of Planning Lisa Freese and Assistant Planner Rick Pearson. MOTION by Gundacker to approve the November 24, 1992 Regular Meeting Minutes as presented. Second by Busho. Ayes: Gundacker, Busho, Meyer, Baago. Nays: 0. Director of Planning Lisa Freese advised that a Special Council Meeting will be held on Thursday evening, December 10, 1992 for discussion and adoption of the City's 1993 Budget. The Commissioners were encouraged to attend to as a demonstration of their support and endorsement of funds allotted for Planning Commission and Planning Department activities. Solberg Aggregate Company has requested site plan review and approval to permit construction of a 6,450 square foot building, to be used as office space and a maintenance facility for the company, on approximately 10 acres of property situated on the northeast corner of the intersection of State Trunk Highway 52 and County State Aid Highway 42. The proposed use of this property is consistent with the present zoning of IG General Industrial which occurred in October, 1991. Assistant Planner Rick Pearson discussed proposed landscaping treatment and staff recommended modifications to the landscape plan, building aesthetic features, and parking lot design, and grading plan details. Mr. Marlin Rechtzigel, adjacent property owner, expressed concern regarding final grade of the property and his opposition to any mining of the soils that would result in steeper banks along his property border. Director of Planning Lisa Freese provided clarification that the proposed grading consists of the excavation of approximately 8,000 cubic yards of material that will be rearranged on the site to provide a flat area to accommodate the proposed structure. Site plan approval would not authorize any mining activities on this parcel. A separate application and separate approval would be required to permit mining. Lauren Howard, Solberg Aggregate Company representative, was present in the audience and reiterated that 8,000 cubic yards of materials will be moved around on the property to provide for an adequate building pad and property on -site drainage. The final grade also includes an earthen berm along the westerly border of the site. MOTION by Gundacker to approve the site plan for the Solberg Aggregate Company office and maintenance facility subject to: 1) modification of the landscaping plan to include vegetative screening along the eastern property line to be approved by the Planning Department and posting of a security in the amount of $5,500 for said landscaping; 2) the City Engineer's approval of a submitted drainage and storm water management plan; 3) Public Works Director or City Engineer 6 veryihtngs oming (Up Rosemount! recycled parer Regular Planning Commission Meeting Minutes /OP: December 8, 1992 Page Two e(14 110 a roval of a radin ermi 4 fir rovision o`f pp g g p t, )conformance with all building and a codes, a� 5) p fence construction details. Second by Busho. Ayes: Busho, Meyer, Baago, Gundacker. Nays: 0. 0' Earl and Gerda Knodt, 15150 Clayton Avenue East, have petitioned the City for a simple metes and bounds lot division of their approximate 180 -acre farm. The property currently contains two residential structures and this request would result in one 2.5 -acre parcel containing one of these homes. One access serves both homes, therefore, two options have been developed regarding placement of the driveway placement. Of the two options, the Commissioners stated their preference for Option 1 which locates the driveway on the new 2.5 -acre parcel and an easement providing access to the larger parcel. This option meets minimum ordinance setback criteria and would not require a variance. The petitioner expressed agreement to pursue Option 1. If a lot division is approved by the City, a rezoning of the 2.5 -acre parcel from AG -P (Agriculture Preserves) to AG (Agriculture) is required for consistency with ordinance zoning district density requirements. MOTION by Gundacker to recommend approval of a agricultural lot split for 15150 Clayton Avenue East as identified as Option No. 1 in the request from property owners Earl and Gerda Knodt subject to: 1) payment of $480.00 Park Dedication fee (resulting from the new parcel); 2) conformance with the City's minimum requirements for on -site sewer and water systems; and 3) rezoning of the smaller residual lot from AG -P Agriculture Preserve to AG Agriculture. Second by Meyer. Ayes: Meyer, Baago, Gundacker, Busho. Nays: 0. Knutson Rubbish Services Inc. has submitted a permit request from the Minnesota Pollution Control Agency to operate a transfer station at the Materials Recovery Facility (MRF) site on 160th Street. The transfer facility is currently located on Biscayne Avenue across from the Dakota County Highway Department Maintenance Facility. Relocation of the Transfer Station to the 160th Street site requires the approval of the Dakota County Public Health Department. Dakota County has requested that the City review the application for compliance with local ordinances. Planning staff concluded the following: 1) no conflicts will result from the intensification of the use of the MRF; 2) the transfer station use is in conformance with the IG General Industrial District; and 3) the absence of the transfer station from the Biscayne Avenue site will benefit the City. Mr. Jeff Gehrke, Operations Manager for Knutson Services, Inc., was in attendance to answer any questions regarding the transfer station operation. MOTION by Busho to approve the site plan revision for the Knutson Services, Inc. Transfer Station subject to providing the City with a copy of the Annual Operations Report, as required by the Minnesota Pollution Control Agency and in accordance with Minnesota Rules pt. 7035.2585. Second by Baago. Ayes: Baago, Gundacker, Busho, Meyer. Nays: 0. Director of Planning Lisa Freese reviewed the proposed 1993 Planning Review /Application Fee Schedule. These fees help to defray costs associated with reviews, public hearings, application processing, and other various document preparations. The Planning Commission concurred with the proposed fee table; however, it was agreed that the application and annual fees for Mineral Extraction Permits should be adjusted up from what was proposed by staff. The Planning Commission also recommended that Planning staff request review by the Public Works Department regarding surety bond fees for Mineral Extraction Permits to determine if the surety bond amounts reflect true costs for site restoration should the property owner /mining pit operator fail in their reclamation responsibilities. Regular Planning Commission Meeting Minutes December 8, 1992 Page Three MOTION by Meyer to recommend to City Council approval of the 1993 Planning Fees as proposed by City of Rosemount Planning staff with the exception that the fee for Mineral Extraction Applications be set at $200 (up from $150) and the fee for Mineral Extraction Annual Fees be set at $300 (up from $250). Second by Busho. Ayes: Gundacker, Busho, Meyer, Baago. Nays: 0. Lengthy discussion ensued regarding the update of the Comprehensive Guide Plan with Director of Planning Lisa Freese providing a summary of the revisions that have been made to the original draft as a result of recent special meetings. Chairperson Meyer excused himself from his chair at 6:35 p.m. Vice Chairperson Busho assumed the Chairperson duties at this time. Discussion of the Guide Plan Update continued. Topics addressed included a review of the revisions to the PUD section of the document and an evaluation of pending Comprehensive Guide Plan Amendments. MOTION by Baago to adjourn. Second by Gundacker. Ayes: Busho, Baago, Gundacker. Nays: 0. There being no further business to come before this Commission and upon unanimous decision, this meeting was adjourned at 7:40 p.m. R r tfully submitt:011 w AI API Donna Quintus Recording Secretary III r