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Home My WebLink About1993 1y of R osemouni lik ONE (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 JANUARY 12, 1993 Dennis Wippermann ADMINISTRATOR Stephan Jilk Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on Tuesday, January 12, 1993 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 Baago to approve the December 8, 1992 Regular Meeting Minutes as presented. Second by Busho. Ayes: Busho, Meyer, Baago. Nays: 0. Director of Planning Lisa Freese advised that the three -year terms for Commissioners Meyer and Hathaway will be fulfilled as of the final meeting in January. Both Mr. Meyer and Ms. Hathaway have chosen not to seek reappointment to the Planning Commission. The Planning staff expressed their gratitude and appreciation for their involvement and interest in Planning activities for the City of Rosemount. The process for the selection of new commissioners has begun and it is anticipated that the new commission members will be in attendance at our first meeting in February. Jack and Margie Ryan, Genz -Ryan Plumbing Heating, were in attendance to request site plan approval to permit a 170- square foot addition to an existing building at 14745 South Robert Trail. The addition will provide for safer passage to and from the lower level of the building where stock and supplies for the business are stored. Assistant Planner Rick Pearson stated that the Genz -Ryan site is zoned C -2, Community Commercial, and the proposed addition meets minimum ordinance requirements for the district. A landscape plan was not submitted for staff review; however, Planning staff has determined that it would be consistent with previous actions to require landscaping that is pro -rated relative to the size of the project /addition. Consequently, the required landscaping for the Genz -Ryan project is one tree and three foundation plantings. Lengthy discussion ensued wherein Mr. and Mrs. Ryan requested that they be able to fulfill the landscaping requirement by other means. They advised that due to the existing blacktopping on the site there is not a location on the property that would support growth and sustain the life of landscaping materials. MOTION by Baago to approve the site plan for a building entrance addition to the Genz -Ryan Building, 14745 South Robert Trail (P.I.D. #34- 03800 130 -14) subject to: 1) conformance with appropriate building and fire codes; and 2) a determination by Planning staff as to the appropriateness of a suitable location on the Genz -Ryan site for landscaping and that this be done by May 1, 1993, and if it is determined that landscaping materials will not survive on this site, that the Ryan's donate the required landscaping materials to a City park that would benefit the community as a whole; and, further, that a surety be posted to secure the landscaping requirement; and, also, that any future site plan review will require a submittal of a layout of the entire site including land and building(s) operated as part of the business. Second by Busho. Ayes: Meyer, Baago, Busho. Nays: 0. 6verryihings coming gip Rosemount!! i J recycled pane, Regular Planning Commission Meeting Minutes January 12, 1993 Page Two Director of Planning Lisa Freese advised that the Department of Natural Resources (DNR) hydrologist, Pat Lynch, has reviewed the City's proposed amendments to the flood plain regulations in the Zoning Ordinance. Mr. Lynch discovered that there were some materials from the model ordinance that were inadvertently omitted on the City's proposed amendment. Ms. Freese discussed and reviewed the minor revisions to the proposed ordinance. The City Council has scheduled a public hearing for January 19, 1993 to hear public input on the amendment. The Commission concurred that their were no issues with the modifications as presented. MOTION by Busho to recommend to City Council approval of the text amendment to Ordinance B City of Rosemount Zoning Ordinance and Subdivision Ordinance XVII.102 regarding the City of Rosemount Flood Plain District as presented by Planning staff in the draft ordinances dated 1/7/93. Second by Baago. Ayes: Baago, Busho, Meyer. Nays: 0. Mrs. Gerda Knodt has submitted an application for the rezoning of a 2.5 -acre parcel from Agriculture Preserves (AG -P) to Agriculture (AG) in response to a condition of approval required for the lot division reviewed by the Planning Commission at their December 8, 1992 Regular Meeting. The rezoning is required because the 2.5 -acre parcel no longer meets minimum criteria for the Agriculture Preserve Program and therefore, a rezoning is mandatory. MOTION by Meyer to recommend approval of the rezoning of 15102 Clayton Avenue from Agriculture Preserve to Agriculture as requested by Mrs. Gerda Knodt, property owner. Second by Baago. Ayes: Busho, Meyer, Baago. Director of Planning Lisa Freese advised that upon direction by Mayor McMenomy, Planning staff has inventoried the entire Comprehensive Guide Plan Update 2000 draft document and has identified components of the plan that need completion in order that the update can be presented for formal review. In an effort to address the mayor's concern for the length of time the completion of the update document is taking, Planning staff is putting together an itemized listing of the work that needs to be completed and a tentative schedule for completion of these tasks. The Commissioners expressed their concern for a "hurry up" process for completion of Update 2000 that it may result in inadequate discussion on some of the issues. The Commission members stated that they felt the update process was progressing at an acceptable pace and commended staff for their timely response in addressing issues and topics presented for revision and modification in the plan. MOTION by Meyer to adjourn. Second by Busho. 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 6:55 p.m. Re q ctfully submi J r'a A 4..A.,A At Donna Quintus Recording Secretary i ly of osemouni 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 55088 -0510 COUNCILMEMBERS Sheila Klassen Planning Commission James (Red) Staats Harry Willcox REGULAR MEETING MINUTES JANUARY 26, 1993 Dennis Wippermann ADMINISTRATOR S ep an Jilk Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was du held on Tuesday, January 26, 1993 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. Chairperson Meyer noted that minutes from the previous meeting were not included in their packets. Director Freese advised the Planning Commission that minutes would be provided at their next regular Planning Commission Meeting. The Planning staff has not had an opportunity to complete them due to the emphasis on completion of the Comprehensive Guide Plan Update. Commissioner Busho made an addition to the Agenda. She requested to discuss an ordinance violation that had been brought to her attention. Director Freese updated the Planning Commission regarding the Commission selection process and the status of Flood Plain Ordinance amendment review at the Department of Natural Resources. Ms. Barb Schmidt, Director of Dakota County Parks Department, was in attendance to present a brief overview of the Master Plan amendment pending for Spring Lake Park Reserve. This amendment has been referred to the Metropolitan Council and the City of Rosemount is requested to make comment to both Dakota County and Metropolitan Council regarding this amendment. Ms. Schmidt reviewed the original Master Plan for Spring Lake Park Reserve. That plan included a two -phase approach to park development with the final determination on type and location of facilities to be dependent on whether or not Spring Lake could be impounded from the Mississippi River. In 1992, the U.S. Core of Engineers determined that a total separation of Spring Lake was not feasible because it would result in upstream flooding. As a result of that study and due to other considerations, the County decided to amend the original 1983 Plan for Spring Lake Park. Ms. Schmidt reviewed the proposed changes to the Spring Lake Park Master Plan: 1) the relocation of the family campground originally planned for Scharr's Bluff to the western section of the park in Rosemount; 2) relocating the existing archery trail currently located in Rosemount to the far western section of the park, also in Rosemount, in order to take into account safety considerations compounded by other types of park development; 3) selecting a preferred location for an equestrian trail head from two alternatives in Rosemount; 4) designating a special use area in the park, one of which is in Rosemount; and 5) sites an interpretive nature and visitor center on land recently acquired for the park in Nininger Township. Ms. Schmidt focused on the proposed campground and the lack of funding in the past was cited as the primary reason why this project has not proceeded to date. At the present time, Dakota County is requesting Metropolitan Council approval to develop and operate a youth group camp on an interim basis on the site in Rosemount that has been identified for the future family campground development. Ms. Schmidt indicated to the Planning Commission that the County intends to construct the facilities for the interim youth group campground in 1993 and would be addressing the Planning Commission later this year when site plans for the campground have been developed. Sverylhings @oming CUP Rosemouni!! O h recycled Daher Regular Planning Commission Meeting Minutes January 26, 1993 Page Two Director Freese indicated to the Planning Commission that they should provide comments to the County concerning this proposed amendment and that it would be appropriate to make a motion indicating support or identifying concerns. The Park and Recreation Committee reviewed this proposal on January 18, 1993 and passed a motion to support the proposed amendment. The City Council is scheduled to review this amendment at their Council Meeting on February 2, 1993. Commissioner Busho inquired whether or not the proposed family campground was in the Flood Plain zoning district within the City. Director of Planning Freese indicated that, based upon preliminary information provided by the County, it appears the proposed family campground is at an elevation higher than the City's Flood Plain zoning district and, therefore, would not be subject to the proposed Flood Plain Ordinance. MOTION by Gundacker to support the Spring Lake Park amendment proposal as presented by Dakota County. Second by Baago. Ayes: Gundacker, Busho, Meyer, Baago. Nays: 0. Director of Planning Lisa Freese reviewed the status of the Comprehensive Guide Plan Update and presented to the Planning Commission the Year 2000 Land Use Plan. The Commission discussed several issues regarding the 2000 Map and suggested minor changes to improve its readability. Director Freese also announced to the Planning Commission that earlier today City staff had a meeting with a developer that has secured a purchase agreement on the Sunrise Builder's lumber yard. That developer was inquiring about potential uses for the site. Some of the uses discussed at the meeting today included an auto service center, office building, multi family residential, and park uses. The Planning Commission inquired as to the status of the pending litigation regarding the City's decision not to acquire that property earlier this year. Commissioner Busho brought to the Planning staff's attention an ordinance violation regarding the fence on the Genz -Ryan property. She indicated that a complaint had been made to her by a resident regarding the placement of barbed wire on top of the chain link fence on the southern end of the property. It was noted that this was specifically denied in the variance request made in 1991 and that the City's desire not to have barbed wire in commercial districts was reaffirmed with fence regulations that were adopted in 1992. The Planning Commission requested Planning staff to investigate this alleged violation and to take necessary enforcement action. Chairperson Meyer addressed the Planning Commission and expressed his appreciation of their support during his tenure on the Commission. He reviewed the major accomplishments of the past year and commended the Commissioners and Planning staff for a job well done. MOTION by Busho to adjourn. Second by Meyer. Ayes: Busho, Meyer, Baago, Gundacker. Nays: 0. There being no further business to come before this Commission and upon unanimous decision, this meeting was adjourned at 6:20 p.m. Respectfully submitted, Lisa Freese Director of Planning 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 ANNUAL MEETING MINUTES FEBRUARY 9, 1993 Dennis Wippermann ADMINISTRATOR Stephan Jilk Pursuant to due call and notice thereof the Annual Meeting of the Planning Commission was duly held on Tuesday, February 9, 1993 at 5:00 p.m. Vice Chairperson Busho called the meeting to order with members Gundacker, Busho, and Baago present. Also present was City Council Member Dennis Wippermann, Director of Planning Lisa Freese, and Assistant Planner Rick Pearson. Director of Planning Lisa Freese requested the agenda for this meeting be amended to include a verbal update from Planning staff on the Sunrise Builders property. MOTION by Baago to approve the January 12, 1993 Regular Meeting Minutes as presented. Second by Gundacker. Ayes: Gundacker, Busho, Baago. Nays: 0. MOTION by Gundacker to approve the January 28, 1993 Regular Meeting Minutes as presented. Second by Baago. Ayes: Busho, Baago, Gundacker. Nays: 0. Director of Planning Freese discussed recent actions taken by City Council with regard to: 1) the airport planning process; 2) the prospect for establishing an Appeals Board for building and fire code administrative decisions; 3) Council's deferring action to support enabling legislation to allow cities to establish a transportation utility; 4) formal City Council adoption of the Flood Plain Ordinance amendment; and 5) Council's invitation to the Chamber of Commerce Government Action Committee to present a monthly report to the Council regarding ongoing chamber activities and government concerns. Newly appointed Planning Commissioner Lorrayne Ingram arrived at 5:10 p.m. At this time Director of Planning Lisa Freese administered the Oath of Office. It was noted that newly appointed Commissioner Patrick McDermott had notified the Planning office and indicated he would be unable to attend this evening's meeting. The Planning Commissioners and Planning staff introduced themselves and extended a welcome to new Commissioner Ingram. Director of Planning Lisa Freese announced the Annual Planning Institute Land Use Planning Workshops specifically designed for planning commissioners and elected officials. Director Freese encouraged the commissioners- to attend either "The Basics" workshop for those new to land use planning and zoning or interested in reviewing the fundamentals or the workshop entitled "Beyond the Basics" which deals with preparing and using planning tools to deal with a wide variety of development problems, plus an in -depth review of the planning process. Director Freese also advised that City staff is checking into whether a workshop can be conducted for the City's commissions and committees in the conducting of public meetings. This could be of particular significance to the Planning Commission due to the controversial nature of some of the issues they are charged with reviewing. (Sveryikings ?oming Up 9?osemounl!! A `J recycled paper Annual Planning Commission Meeting February 9, 1993 Page Two MOTION by Gundacker to nominate Cathy Busho as Planning Commission Chairperson and to cast a unanimous ballot to elect Cathy Busho as Planning Commission Chairperson. Second by Baago. Ayes: Baago, Ingram, Gundacker. Nays: 0. Present: Busho. MOTION by Gundacker to nominate Jay Baago as Planning Commission Vice Chairperson and to cast a unanimous ballot to elect Jay Baago as Planning Commission Vice Chairperson. Second by Busho. Ayes: Ingram, Gundacker, Busho. Nays: 0. Present: Baago. Director of Planning Lisa Freese advised that City Council directed Planning staff to process the Mosquito Control District's Minor Comprehensive Guide Plan Amendment Application for a land use redesignation of a ten -acre site from Agricultural to General Industrial. The Mosquito Control Commission intends to relocate their existing facility from the University of Minnesota to this site which is situated on the north side of 160th Street West between Biscayne Avenue and Highway 3. The Commissioners inquired what the development project would entail such as what types of structures are being proposed and their aesthetic treatment and whether there will be storage of any hazardous materials. Ms. Marie Jensen, representing the property owner, was present in the audience. Ms. Jensen advised that a representative from the Minnesota Mosquito control District will be in attendance at the next regular Planning Commission Meeting to answer questions regarding the proposed development. MOTION by Busho recommending that City Council set a public hearing for the minor guide plan amendment requested by the Minnesota Mosquito Control District for Tuesday, March 2, 1993. Second by Baago. Ayes: Gundacker, Busho, Baago, Ingram. Nays: 0. Director of Planning Lisa Freese reviewed with the Commission the completed draft Comprehensive Guide Plan Update 2000. A thorough review of the details of each section was conducted with only minor changes suggested by both the Planning Commissioners and Councilmember Wippermann. MOTION by Busho recommending City Council acceptance of the Update 2000 and to set a Special City Council Meeting to hold a public hearing on March 10, 1993. Second by Baago. Ayes: Busho, Baago, Ingram, Gundacker. Nays: 0. Director Freese advised that a potential buyer of the Sunrise Builders, Inc. property has contacted City staff requesting interpretation as to whether existing zoning of this site is suitable for an "auto facility" use. City staff advised that the land use designation of this site is for public use in the Comprehensive Guide Plan. Planning staff advised the developer that an amendment to the Comprehensive Guide Plan and a rezoning petition for the property should be submitted to the City should he choose to proceed with his plans. MOTION by Busho to adjourn. Second by Baago. Ayes: Baago, Ingram, Gundacker, Busho. Nays: 0. There being no further business to come before this Commission and upon unanimous decision, this meeting was adjourned at 8:25 p.m. Rea ctfully subm 4, /OVI 4 Donna Quintus Recording Secretary icy of osemounl S 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 FEBRUARY 23, 1993 Dennis Wippermann ADMINISTRATOR Stephan Jilk City Clerk Susan Walsh administered the Oath of Office to newly appointed Planning Commissioner Patrick McDermott. The Planning Commissioners and Planning staff introduced themselves and extended a welcome to new Commissioner McDermott. Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on Tuesday, February 23, 1993 at 5:00 p.m. Chairperson Busho called the meeting to order with members McDermott, Busho, Baago, and Ingram present. Also present was Director of Planning Lisa Freese and Assistant Planner Rick Pearson. MOTION by Baago to approve the February 9, 1993 Regular Meeting Minutes as presented. Second by Ingram. Ayes: McDermott, Busho, Baago, Ingram. Nays: 0. Director of Planning Lisa Freese and Commissioner Jay Baago requested the Planning Commission agenda be amended to include: 1) History of Metropolitan Council Guide Plan Update Approvals; and 2) Airport Planning Process Discussion. Director of Planning Freese discussed recent actions taken by City Council regarding the State Trunk Highway 3 Improvement Project and a metro -wide comparison of building permit fees. Director Freese noted that City Council will hold a Public Hearing for the Comprehensive Guide Plan Update 2000 on Wednesday, March 10, 1993 at 7 :30 p.m. The City Council has also scheduled a Special Council Meeting for Tuesday, March 30, 1993 at 7:30 p.m. The Council has invited all standing City committees and commissions to attend this meeting for discussion of their views, concerns, and recommendations for a 1993 City Work Program. Director Freese reviewed the request from the Metropolitan Mosquito Control District for a Minor Comprehensive Guide Plan Amendment to redesignate a 9.98 -acre site from Agricultural to General Industrial. The Metropolitan Mosquito Control Commission is proposing to relocate their existing facility from the University of Minnesota Rosemount Campus to this location. This request is consistent with the proposed Comprehensive Guide Plan Update 2000. The City Council has scheduled a public hearing for March 2, 1993. Ms. Freese stated that upon approval of this amendment by the City Council, this amendment will be forwarded to the Metropolitan Council for their approval. Ms. Freese further stated that before any construction can commence on this site additional approvals for a lot division and rezoning by City Council and a site plan review by the Planning Commission is required. MOTION by Baago to recommend to City Council approval of the Minor Comprehensive Guide Plan Amendment requested by the State of Minnesota Mosquito Control District to redesignate a 9.98 -acre site, situated immediately east of Knutson Recycling, Inc. and north of 160th Street West, from Agricultural to General Industrial Land Use Designation to permit the construction of a Dakota Division Headquarters of the Mosquito Control District. Second by Ingram. Ayes: Busho, Baago, Ingram, McDermott. Nays: 0. n� (�veriy ping s Coming `U p gosemounill 0 recycled paper Regular Planning Commission Meeting Minutes February 23, 1993 Page Two Chad Nelson, Project Manager and Estimator for Bituminous Roadways, Inc., was in attendance to discuss a request for renewal of their Mineral Extraction Permit for a mining operation on the Otto Ped property at 4992 145th Street East. Assistant Planner Rick Pearson presented an overview of the history of the mineral extraction use of this property and discussed the previous conditions of the permit. Mr. Nelson advised that Bituminous Roadways, Inc. is requesting the City's consideration of extending the phasing of their permit from three years to ten years and, further, that stockpiling be permitted on the property. He cited reasons for modifying the Mineral Extraction Permit as economic and uncertain market conditions for demand of materials within a season. The Commissioners discussed the conditions of the permit and whether stockpiling on the agriculturally zoned property is consistent with long -range land use projections for this property and whether a ten -year permit would be appropriate in light of the land use issue. Mr. Nelson asked whether the Planning Commission would consider a three -year Mineral Extraction Permit for Phase I with restoration of Phase I after three years. MOTION by Busho to recommend denial of the request from Bituminous Roadways that would extend the phasing of extraction operations to ten years resulting in stockpiling of material because this creates a use inconsistent with the purpose and intent of the Agricultural District and is also inconsistent with the Comprehensive Guide Plan. Second by Baago. Ayes: Baago, Ingram, McDermott, Busho. Nays: 0. Discussion ensued regarding the extraction permit renewal. Mr. Kurt Fischer was in the audience and stated that he has had many years experience in the mining industry. He stated that contractors have no control of where sand and gravel deposits are located and they must acquire the mineral where it exists. However, he further noted that a mineral deposit within the City can benefit the City by reducing development construction costs within the City and the City does receive a tax benefit through the County for all mining operations within the City. He further noted that aggregate stockpiles do not generate as much dust as agricultural uses. MOTION by Ingram to recommend to City Council approval of the renewal of the Mineral Extraction Permit requested by Bituminous Roadways for the property located at 4992 145th Street East subject to the same terms of the Conditions of Bituminous Roadways, Inc. Mineral Extraction Permit Renewal, Phase 1 1992. Second by Baago. Ayes: Ingram, McDermott, Busho, Baago. Nays: 0. MOTION by McDermott to recommend that City Council set a public hearing on March 16, 1993 at 8:00 p.m. or as soon thereafter as possible to hear testimony regarding the renewal application for the Mineral Extraction Permit submitted by Bituminous Roadways, Inc. Second by Busho. Ayes: McDermott, Busho, Baago, Ingram. Nays: 0. Director of Planning Lisa Freese discussed with the Commission the results of her investigation of the history of Metropolitan Council actions regarding approvals and denials of comprehensive guide plan updates of metropolitan cities. Ms. Freese advised that since the onset of the Metropolitan Development Investment Framework (MDIF) in 1991 there has been an elevated conscientious review of urban service area expansion requests. There has also been a requirement for cities to adopt an ordinance for biennial inspection requirements for on -site septic systems. The Planning Commission members were encouraged to attend the public hearing on Wednesday, March 10, 1993 to exhibit their support of City Council and staff recommendations regarding the Comprehensive Guide Plan Update 2000. Regular Planning Commission Meeting Minutes February 23, 1993 Page Three Planning Commissioner Jay Baago discussed a recent newspaper article in which the Legislative Auditor found that Metropolitan Council's 1988 airport adequacy study used methods which led the Council to overstate the inadequacy of the current airport. The Council and the Metropolitan Airports Commission (MAC) have since lowered their projections of future growth in airport activity, however, Council consultants and staff have continued to use some inappropriate methods of analyzing airport adequacy. Commissioner Baago expressed an desire for the Planning Commission to be represented at each of the public meetings that are held by Met Council and MAC regarding the dual track airport study in an attempt for the City to monitor the process. The Commissioners directed staff to draft a resolution for consideration and adoption by the Planning Commission recommending that City Council request Metropolitan Council and MAC to repeal the Dual Track Process. The Commissioners concurred that the Dual Track Process has been discredited and, therefore, a statement rejecting further relocation study would be appropriate at this time. Director of Planning Lisa Freese advised that she will obtain copies of the Legislative Audit for review by the Planning Commissioners. MOTION by Busho to adjourn. Second by Baago. Ayes: Busho, Baago, Ingram, McDermott. 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. tfully sub ed, Donna Quintus Recording Secretary TNN 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 MARCH 9, 1993 Dennis Wippermann ADMINISTRATOR Stephan Jilk Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on Tuesday, March 9, 1993 at 5:00 p.m. Chairperson Busho called the meeting to order with members Gundacker, McDermott, Baago, and Ingram present. Also present was Director of Planning Lisa Freese and Assistant Planner Rick Pearson. MOTION by Gundacker to approve the February 23, 1993 Regular Meeting Minutes as presented. Second by Baago. Ayes: Gundacker, McDermott, Busho, Baago, Ingram. Nays: 0. Chairperson Busho requested that the agenda for this meeting and all future Planning Commission meetings be amended to include a Planning Commissioner Comments at the end of all business items. This would provide a formal platform for commissioners or staff to express their thoughts and suggestions regarding planning and development issues that they may feel are significant enough to warrant consideration by the Commission. Director of Planning Freese discussed the legal requirements for the Comprehensive Guide Plan Public Hearing Process and Metropolitan Council review. The Planning Commission and City Council are required to collectively hold the Public Hearing for Comprehensive Guide Plan Update 2000 scheduled for Wednesday, March 10, 1993 at 7:30 p.m. At that time public testimony will be received from the public at which time the Planning Commission can make formal recommendation to the City Council to close the public hearing and do one of the following options: 1) Planning Commission endorsement of Update 2000 and a recommendation to City Council to adopt the document and forward it to the Metropolitan Council; 2) discuss any significant public testimony that warrants further consideration and request a Special City Council Meeting be set for a Comprehensive Plan Update Workshop; or 3) forward the Comprehensive Guide Plan to the City Council without Planning Commission recommendation. Ms. Freese advised that Metropolitan Council has a 10 -day review period before they are required to accept Comprehensive Guide Plan Update 2000 as adequate for formal review. When the submittal is considered complete, the Metropolitan Council has 90 days to complete their review and take action. Director Freese reviewed staff activities and City Council actions on the following: 1) Mr. Mrs. Earl Bester and Mr. Mrs. Wayne Groth have renewed their enrollment in the Agricultural Preserves Program for an additional ten -year period; 2) adoption of a resolution to amend the 1980 Comprehensive Guide Plan Land Use Designation to redesignate the Mosquito Control District site from Agricultural to General Industrial and forwarded this amendment to Metropolitan Council for their approval; and 3) City Clerk Susan Walsh has set up a training program for all City commissions and committees that will focus on the roles of advisory committee members, effective meeting facilitation, and dealing with conflict resolution. This training is scheduled for Monday, March 22, 1993 at 6:30 p.m. in the Council Chambers of the City Hall. Assistant Planner Rick Pearson introduced Mr. Jerome Fluegel of Fluegel Elevator, Inc. who has submitted a site plan for approval to locate a temporary portable greenhouse on his property at 14700 South Robert Trail. This proposal is identical to the 1992 seasonal greenhouse previously (Overiylhing aln s Loming `U( gosemounl recycled paper Regular Planning Commission Meeting March 9, 1993 Page Two reviewed and approved by the Planning Commission for last year. All ordinance requirements are met and the use is consistent with the present C -2 Community Commercial zoning of the property. Assistant Planner Pearson advised that Mr. Fluegel complied with all conditions for approval of the 1992 site plan and, therefore, Planning staff is recommending approval of the 1993 request subject to specific conditions. MOTION by Ingram to approve the site plan for a temporary greenhouse as requested by Fluegel Elevator, Inc., subject to: 1) location of the greenhouse as indicated on the site plan and approved by the Building Official; 2) that no currently available parking be eliminated on the Fluegel Elevator site; and 3) that the portable greenhouse be completely removed by August 1, 1993. Second by McDermott. Ayes: McDermott, Busho, Baago, Ingram, Gundacker. Nays: 0. Mr. James Allen and Mr. Gary Berquist, Hampton Development Corporation, have submitted a Planned Unit Development (PUD) and preliminary plat for the Shannon Pond subdivision. This 1993 version represents a revision of the 1992 submittal in that it excludes an unowned 2.1 -acre parcel as well as a 4.6 -acre parcel which is isolated by the 2.1 -acre parcel. The Shannon Pond PUD consists of 89 single family lots on 29.75 acres site situated between Danville Avenue and Shannon Parkway and south of Jaycee Park. Overall density of the development is 2.89 dwelling units per acre. Significant changes to the proposal include street realignment, new lot configurations, and modifications to utilities that will serve the subdivision. The PUD consists of three phases and provides an efficient design solution that generally meets or exceeds ordinance lot and street standards. This subdivision proposal will require a rezoning from AG Agriculture to R -1 Single Family Residential, a use that is consistent with a recent land use redesignation amendment to the 1980 Comprehensive Guide Plan. MOTION by Baago to recommend that City Council schedule a public hearing for formal review of the Shannon Pond Planned Unit Development and preliminary plat. Second by Busho. Ayes: Busho, Baago, Ingram, Gundacker, McDermott. Nays: 0. MOTION by Busho to recommend to City Council approval of the Shannon Pond Concept PUD and preliminary plat subject to: 1) execution of a Planned Unit Development Agreement and a separate Subdivision Development Agreement for each phase of the development; 2) approval of engineering, grading and utility plans and specifications by the City Engineer; 3) rezoning from Agriculture (AG) to Single Family Residential (R -1); 4) written determination from the Environmental Quality Control Board indicating whether an Environmental Assessment Worksheet is necessary obtained and provided to the City by the developer; 5) park dedication contributions for each phase at the rate adopted by City Council resolution for the year that the applicable final plat is approved and the provision of sidewalks as specified by the Parks and Recreation Committee; and 6) dedication of Outlots A and B to the City for public and utility uses. Second by Baago. Ayes: Baago, Ingram, Gundacker, McDermott, Busho. Nays: 0. USPCI has submitted a petition requesting a Zoning Ordinance Text Amendment that would permit USPCI to accept coal ash from power plants for disposal in the USPCI facility. The evaluation of this request involves the review of technical information pertaining to coal ash. The Commissioners supported planning staff's recommendation to hire a consultant to provide the technical expertise needed for review of this request. Don Chapdelaine, USPCI Public Relations Director, introduced himself to the Commission and distributed information about the USPCI facility and extended an invitation to the Commission to tour the USPCI plant. Regular Planning Commission Meeting March 9, 1993 Page Three MOTION by Gundacker to recommend to City Council that a consultant be retained by the City to provide technical services for the evaluation of the significance of the effects and consequences for the disposal of coal ash in the USPCI facility. Second by Baago. Ayes: Ingram, Gundacker, McDermott, Busho, Baago. Nays: 0. Director of Planning Freese informed the Commission that a public hearing on the Airport Scoping Document has been set for Thursday, March 18, 1993 at 7:00 p.m. at Rosemount High School. The scoping document consists of the procedures and criteria that will be used in evaluating the final three airport sites. Commissioner Baago volunteered to attend this public hearing and deliver a verbal presentation and statement on behalf of the City of Rosemount. In response to the Planning Commissioner's desire to keep well informed on the airport selection process, Director Freese advised that she has invited Kevin Carroll, Chairperson for SOAR (Stop Our Airport Relocation), to the March 23, 1993 Planning Commission Meeting to present an update on his organization's recent activities. Director Freese advised that Representative Orfield has introduced two bills into legislature. The smaller of the two bills could impact future projects within the City of Rosemount as it would set up a requirement for a comprehensive affordable housing program and limit monies and MUSA distribution to communities based upon their compliance with this program. The second bill would reorganize the Metropolitan Council and abolish several separate standing metropolitan area agencies, including the Regional Transit Board (RTB), the Metropolitan Waste Control Commission (MWCC), and the Mosquito Control District. Planning staff will continue to monitor the activities of these proposed bills and update the Commission as changes occur. Director of Freese reviewed with the Commission the Planning projects that were accomplished in 1992 and discussed the prioritizing of Planning tasks that should be addressed in 1993. Planning staff and the Commission identified important tasks for completion in 1993. Planning staff will put together a 1993 Work Program for Planning Commission review and endorsement. The following suggestions and comments were discussed by the Commission for Planning staff consideration and /or action: 1) repeat City Tour for benefit of new members; City Tour could be done on quarterly basis; 2) Special Workshop to prioritize or make recommendations of a process for accomplishing Planning goals; 3) Evergreen Nursery: concern that their "temporary" greenhouse is still standing; they have not met the conditions for approval of the greenhouse; 4) encouragement to other Planning Commission members to recycle their Planning Packet Materials (return to City if no longer wanted or needed); and 5) Request for a "Policy Statement" which encourages presentation for all issues be introduced before a full Planning Commission forum at a public meeting rather than individual commission member contact. MOTION by Busho to adjourn. Second by Baago. Ayes: Gundacker, McDermott, Busho, Baago, Ingram. Nays: 0. There being no further business to come before this Commission and upon unanimous decision, this meeting was adjourned at 7:25 p.m. 4ctfully sub AO nna Quintus `%fi'`'`r' Recording Secretary icy of Rosemount 0 1-10NE (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 MARCH 23, 1993 Dennis Wippermann ADMINISTRATOR Stephan Jilk Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was my held on Tuesday, March 23, 1993 at 5:00 p.m. Chairperson Busho called the meeting to order with members McDermott, Baago, and Ingram present. Also present was Director of Planning Lisa Freese and Assistant Planner Rick Pearson. MOTION by Baago to approve the March 9, 1993 Regular Meeting Minutes as presented. Second by McDermott. Ayes: McDermott, Busho, Baago, Ingram. Nays: 0. Director of Planning Freese provided a brief summary of recent City Council actions and considerations regarding the following: 1) zoning issues surrounding paint ball permits; 2) defeat of the 145th Street West Reconstruction Project due to lack of a 4/5 vote required for approval; 3) Downtown Scoping Committee update; 4) Council consideration of permitting the stockpiling of materials and topsoil on the Otto Ped property and directed that Planning staff develop appropriate Mining Permit Conditions regulating stockpiling; 5) a special election has been scheduled for May 4, 1993 to consider a referendum as to whether the City should construct a new fire station and purchase a new aerial platform truck. Kevin Carroll, Vice President of SOAR (Stop Our Airport Relocation), gave a presentation on the various airport relocation activities and SOAR's commitment to the monitoring of the airport relocation planning process. Mr. Carroll provided a brief history of original legislation that established the airport relocation study. He also discussed current bills introduced into legislation and the present status of those bills. The Planning Commissioners shared Mr. Carroll's concern for lack of Rosemount citizen participation and attendance at the various airport relocation meetings and concurred that the Commission should take on a more active role to encourage and promote a higher level of Rosemount resident participation at the public meetings. Assistant Planner Rick Pearson advised that the City has received a petition to rezone the Tom Thumb Center, a commercial center situated between Dodd Boulevard and 145th Street, immediately west of the SuperAmerica Station. Mr. Markos Chouliaris, property owner and proprietor of TOPS Pizza, is requesting a rezoning of the "center" from C -1 Convenience Commercial to C -2 Community Commercial. The C -2 zoning would render the restaurant a permitted use and, thus, would permit expansion of the restaurant use within the existing building and would eliminate the approximate fifteen foot side yard setback structure encroachment which currently exists. The restaurant, beauty shop, and laundromat are not listed as permitted uses in the C -1 district and are considered nonconforming uses. Also the C -2 district would exempt lot coverage, setbacks, and parking requirements which are significant issues surrounding the present building. Planning staff advised that the "Tom Thumb Center" has several nonconforming issues relative to 1111 parking, setbacks, lot coverage, and uses. A rezoning to C -2 would not resolve any of the existing or potential conflicts. A rezoning could result in an legitimized intensification of the site that could result in severe parking deficiencies, increased storm water run -off, and increased traffic generation. S' (Sverylhings @oming EU.p gosemounill t= recycled paper Regular Planning Commission Meeting March 23, 1993 Page Two Planning staff discussed the following alternatives: 1) a zoning ordinance text amendment that would permit additional uses on a limited basis in the C -1 District; 2) a variance request to permit expansion of the structure within the setback area that could be conditioned on site improvements resulting in a higher level of conformance with established standards; or 3) consideration of a planned unit development (PUD) which would set up criteria unique to this site. These performance standards would be based upon Planning Commission's determination as to whether this site could accommodate expansion. Specific conditions of the PUD could address site enhancement, improved storm water management, improved on -site traffic circulation, and other regulations that would benefit the property owner as well as the community. The Commissioners generally agreed that they would prefer the owner pursue a planned unit development rather than the rezoning. MOTION by Busho to recommend to City Council denial of the petition to rezone the property located at 14537 Dodd Boulevard from Convenience Commercial (C -1) to Community Commercial (C -2). Second by Baago. Ayes: Busho, Baago, Ingram, McDermott. Nays: 0. MOTION by Busho to recommend that City Council schedule a public hearing for Tuesday, April 20, 1993 to hear public testimony on the rezoning petition to rezone property located at 14537 Dodd Boulevard from Convenience Commercial (C -1) to Community Commercial (C -2) as requested by owner Mr. Markos Chouliaris. Second by Ingram. Ayes: Baago, Ingram, McDermott, Busho. Nays: 0. Assistant Planner Rick Pearson reminded the Planning Commission that they had approval of the Shannon Pond Preliminary Plat and Planned Unit Development (PUD) at their March 9th regular meeting. The Commission further recommended that a public hearing be scheduled by the City Council to hear testimony on the Shannon Pond preliminary plat and PUD. Since a rezoning of the subject property from Agriculture (AG) to Single Family Residential (R -1) is a condition of approval for both the preliminary plat and PUD, planning staff would like to include the rezoning petition as part of this public hearing. The request is in conformance with the Comprehensive Guide Plan and therefore supports the rezoning as petitioned by Hampton Development Corporation. MOTION by Busho to recommend to City Council approval of the rezoning of the Shannon Pond PUD from Agriculture (AG) to Single Family Residential (R -1) and to recommend further that Council schedule a public hearing on April 20, 1993 for consideration of the rezoning along with the PUD and preliminary plat; and, further, that the draft PUD Agreement be reviewed by the developer, City staff, and other appropriate City committees for their input and bring this document back before the Planning Commission for comment and formal recommendation prior to execution of the document. Second by McDermott. Ayes: Ingram, McDermott, Busho, Baago. Nays: 0. Director of Planning Freese advised that Council has authorized staff to retain Barr Engineering to provide technical review of the petition from USPCI to amend the Zoning Ordinance text to allow the acceptance of coal ash at the Minnesota Industrial Containment Facility (MICF). USPCI would like to accept non hazardous ash from the combustion of coal, while retaining the prohibition of municipal solid waste incinerator ash. Ms. Freese provided a summary of the tasks anticipated by Barr Engineering for evaluation of the USPCI request and reviewed a proposed schedule for review of the text amendment petition. Regular Planning Commission Meeting March 23, 1993 Page Three Mr. Don Chapdelaine was present in the audience and re- issued his invitation for the Commissioners to tour USPCI's facility. The Commission expressed an interest in scheduling a tour and agreed to check their schedules and discuss a convenient date and time for a USPCI tour. No further action was taken at this time. Assistant Planner Pearson summarized zoning ordinance enforcement activities for the year 1992 and described the typical enforcement process followed upon notification of an ordinance violation. Discussion ensued regarding the enforcement of the sign ordinance, especially portable signs. The Commission concurred that the sign ordinance regulations need to be addressed and that this should be a priority project for 1993. The Commission were in general agreement that a certain level of participation in the setting up of sign ordinance regulations and standards should be sought from appropriate City committees and residents. The Planning Department will refrain from enforcement of the "temporary" sign ordinance regulations until the issues are resolved unless directed otherwise by the City Council. Director of Planning Freese advised that the Metropolitan Council has completed an informal review of the City's proposed Comprehensive Guide Plan Update 2000. Ms. Freese reviewed the additional materials and clarifications requested by Met Council for complete Council review. Discussion was held regarding the requirement for the City to adopt an Interim Strategy to Reduce Nonpoint Source Pollution to All Metropolitan Water Bodies. Adoption of the Interim Strategy is also a condition for approval of the Comprehensive Guide Plan Amendment request as requested by the Mosquito Control District. MOTION by Baago to recommend to the City Council acceptance of the Metropolitan Council's model language for a policy to reduce nonpoint source pollution and to recommend adoption of a schedule for implementation of the policy. Second by Busho. Ayes: McDermott, Busho, Baago, Ingram. Nays: 0. MOTION by Busho to adjourn. Second by McDermott. Ayes: Busho, Baago, Ingram, McDermott. Nays: 0. There being no further business to come before this Commission and upon unanimous decision, this meeting was adjourned at 7:45 p.m. R:, ectfully su4 ed, rn onna Quintus Recording Secretary 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 Planning Commission James (Red) Staats James (Red) Staats Harry Willcox Dennis REGULAR MEETING MINUTES APRIL 13, 1993 Wippermann ADMINISTRATOR Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was Cftnan Jilk held on Tuesday, April 13, 1993 at 5:00 p.m. Chairperson Busho called the meeting to order with members Baago and Ingram present. Also present was Director of Planning Lisa Freese and Assistant Planner Rick Pearson. MOTION by Baago to approve the March 23, 1993 Regular Meeting Minutes as presented. Second by Ingram. Ayes: Busho, Baago, Ingram. Nays: 0. Director of Planning Freese provided a brief summary of recent City Council actions as well as the status of various City projects including the following: 1) failure of the State Legislature to pass a bill that would have ended the dual track airport planning process; 2) introduction of a modified 145th Street reconstruction project involving the reconstruction of the roadway between Shannon Parkway to Chili Avenue, including the realignment of the Chili /Dodd /Chippendale /145th Street intersection with a public hearing set by City Council on April 20, 1993; 3) acceptance of Update 2000 by the Metropolitan Council for formal 90 -day review with anticipated completion of Met Council review by June 22, 1993; and 4) a request from Council Member Klassen that the Planning Commission prepare a list of discussion items and issues that they feel warrant discussion and potential direction from the City Council. Director Freese also reminded the Commission of the two public hearings for the Tom Thumb Center Rezoning Petition and the Shannon Pond PUD/ Rezoning /Preliminary Plat scheduled to be heard by City Council at 8:00 p.m. on April 20, 1993. The Metropolitan Mosquito Control District proposes to relocate their existing Dakota County facility from the University of Minnesota Rosemount Campus to a new location in Rosemount. The proposed site is on the north side of 160th Street West (proposed CSAH 46) between STH 3 and Biscayne Avenue, immediately west of Knutson Services, Inc. Mr. David Fischer and Mr. Curt Fischer, RCD Real Estate Partnership and property owner, were in attendance to discuss their submittal of an application to subdivide the subject parcel from the larger 40 -acre tract and to rezone the subject parcel from Agriculture (AG) to General Industrial (IG). With the notification of approval of the Minor Guide Plan Amendment by the Metropolitan Council on April 6, 1993 the City is able to consider these requests of the property owner. Ms. Freese discussed proposed access to 160th Street; required 33 -foot right -of -way easement and an additional 17 -foot utility easement along the southern boundary on the 10 -acre parcel as well as the remnant 30 -acre parcel; the status of the availability of municipal utilities to this site; and the requirement for park dedication based on a agricultural property division. Ms. Freese noted that, should the use of the 30 -acre remnant parcel be intensified, additional park dedication will be required; however, the property will be credited with the one unit of park dedication that is collected at the time of the current lot division. Both the rezoning and land subdivision requests meet minimum ordinance requirements and are in compliance with the Comprehensive Guide Plan Land Use Designation, therefore, Planning staff recommends approval subject to certain conditions. n� (verylhing s @oming gip osemounll `J recycled paper Regular Planning Commission Meeting Minutes April 13, 1993 Page Two MOTION by Baago to approve the lot division of the 40 -acre tract into two parcels on property situated on the northwest corner of Biscayne Avenue and 160th Street West subject to the following: 1) the provision of a 55 -foot right -of -way easement to the City for County Road 46 along the frontage of both Parcels A and B; 2) the execution of an agreement between the City, the owner of Parcel B, and the proposed developer of Parcel A regarding a requirement to connect to sanitary sewer when available; an agreement between the City, the owner of Parcel B, and the proposed developer of Parcel A to waive appeal of assessments regarding sanitary sewers; 4) provision of only one access from Parcel A to 160th Street in conformance with City road standards and approved by the City Engineer if developed prior to Dakota County's takeover of the street; and 5) park dedication of cash of $1,040, in lieu of land (based on the creation of two agricultural lots). Second by Busho. Ayes: Baago, Ingram, Busho. Nays: 0. MOTION by Baago to recommend to City Council approval of the RCD Real Estate Partnership Rezoning Petition because: 1) it is appropriate for the proposed use; 2) it is compatible with the existing development in the vicinity; and 3) it is in conformance with the Comprehensive Guide Plan. Second by Ingram. Ayes: Ingram, Busho, Baago. Nays: 0. Assistant Planner Rick Pearson presented a summary of the Shannon Pond PUD and Master Subdivision Agreement and outlined the modifications that Planning Commission had requested at their last meeting. Mr. Pearson reviewed the details of the draft document noting that a section regarding architectural control was modified to eliminate the possibility of adjacent identical house designs. Planner Pearson advised that this document also reflects recommended revisions by the Public Works, Parks and Engineering Departments. Mr. Gary Bergquist, Hampton Development Corp., was in attendance and advised that he is in agreement with the conditions set forth in this document. Mr. Tim Broback, Rosemount Development Co., approached the podium and stated that he is the owner of property adjacent to the proposed Shannon Hills PUD as well as the developer of the contiguous West Ridge PUD. Mr. Broback expressed his concern that the proposed development includes property that is owned by his development company and not Hampton Development. He further discussed his belief that the street alignment and sewer location as shown on the PUD renders the Rosemount Development Co. parcel unusable. Mr. Broback was assured by both Planning staff and Hampton Development that the Shannon Pond PUD does not encompass property owned by Rosemount Development. The legal description of the Shannon PUD includes only property that Hampton Development has title to. It was noted that future phases of both the West Ridge and Shannon Pond subdivisions are dependent upon the street construction as shown and that development of the area to the south can be accomplished by combining both properties together at some future date. MOTION by Busho to recommend to City Council execution of the Shannon Pond Planned Unit Development (PUD) and Master Subdivision Agreement subject to the city attorney's recommendations for modification regarding legal language. Second by Baago. Ayes: Busho, Baago, Ingram. Nays: 0. Assistant Planner Rick Pearson advised that Mr. Joseph Doyle, owner of City Limits Lanes and Nightclub, Inc., has requested site plan approval to construct a patio on the west side of his building and to relocate the two existing volleyball courts near the patio. The property is zoned General Commercial (C -4) and commercial outdoor recreation is a permitted use. Issues identified in the Regular Planning Commission Meeting Minutes April 13, 1993 Page Two ensuing discussion included parking stall requirements, existing and proposed landscaping, aesthetics, and site details. Mr. Doyle stated he is willing to work with Planning staff to resolve any issues noted by the Commission. MOTION by Busho to table action regarding the site plan for City Limits Lanes and Night Club as requested by Mr. Joseph Doyle until further details are submitted regarding the following: 1) amount of seating proposed for patio area; 2) landscaping plan; 3) parking lot lighting details; 4) submittal of a survey which identifies existing easements; and 5) delineation of handicapped parking. Second by Baago. Ayes: Baago, Ingram, Busho. Nays: 0. Don Chapdelaine, USPCI, was present in the audience and reiterated his invitation for the Planning Commission and staff to tour the USPCI facility. The Commissioners scheduled a tour for Monday, April 26, 1993. MOTION by Busho to schedule a Special Planning Commission Meeting on Monday, April 26, 1993 at 4:00 p.m. for the purpose of touring the USPCI site. Second by Baago. Ayes: Baago, Ingram, Busho. Nays: 0. It was agreed that Planning staff, Planning Commissioners, and other interested parties will meet with Mr. Chapdelaine in the City Hall parking lot and proceed to the USPCI site together. The Commissioner Busho questioned Planning staff of the status of the landscaping plan required for the Genz -Ryan building addition. Assistant Planner Pearson advised that he will be inspecting the site within the next two weeks for determining the potential for landscaping the property. Commissioners Busho and Ingram, as well as Assistant Planner Pearson, discussed the presentations and issues that were discussed at the Planning Seminar they attended. The seminar was considered to be very informative and beneficial. Director of Planning Lisa Freese advised that the City will be sponsoring a "Rosemount" page once each month in the This Week newspapers. Ms. Freese requested Planning Commissioner input on article topics for future publications. MOTION by Baago to adjourn. Second by Busho. Ayes: Busho, Baago, Ingram, McDermott. 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. Re •t ctfully sub /4% Donna Quintus Recording Secretary icy 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 Planning Commission James e) Staats James (Red) Staats Harry Willcox REGULAR MEETING MINUTES APRIL 27, 1993 Dennis Wippermann ADMINISTRATOR Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was ctlff pan Jilk held on Tuesday, April 27, 1993 at 5:00 p.m. Chairperson Busho called the meeting to order with members McDermott, Baago, and Ingram present. Also present was Director of Planning Lisa Freese and Assistant Planner Rick Pearson. Director of Planning Lisa Freese requested that Item 12. Comprehensive Guide Plan: Update 2000 be added to the April 27, 1993 Planning Commission Agenda for discussion of recent Metropolitan Council action. Chairperson Busho requested that Item 4. Director's Announcements be moved to the end of this agenda to accommodate those in attendance to discuss agenda business items. Chairperson Busho also requested that Item 12. Commissioner's Comments be added to the agenda. MOTION by Baago to approve the April 13, 1993 Regular Meeting Minutes as presented. Second by Ingram. Ayes: McDermott, Busho, Baago, Ingram. Nays: 0. The City Council reviewed the mineral extraction permit renewal application submitted by Bituminous Roadways, Inc. for the Otto Ped property located at 4992 145th Street East. At Council's request, Planning staff has drafted additional language for the "Conditions" of the mineral extraction permit renewal that will permit stockpiling of materials on the mining operation site as well as provide a procedure for the regulation of the stockpiles. Upon researching publications from the Environmental Protection Agency, Minnesota Pollution Control Agency, and the Dakota County Soil and Water Conservation District for identification of the Best Management Practices (BMP) for controlling the effects of wind and water erosion control measures, Planning staff has developed interim management measures that affect irrigation, wind breaks, diversion and treatment of run -off, tillage, chemical soil treatments, and measures for stabilizing stockpiled materials. Mr. Palmer Peterson and Mr. Chad Nelson, Bituminous Roadways, Inc., and Otto Ped, property owner, were in attendance and answered questions from the Commission. They stated their willingness to comply with the additional conditions of the permit. MOTION by Busho to recommend as follows: 1) The addition of the following conditions to the 1993 Otto Ped Mineral Extraction Permit Renewal: a) Paragraph R. Operator shall incorporate best management practices for controlling erosion and storm water runoff as specified by the Minnesota Pollution Control Agency and the United States Environmental Protection Agency; b) Paragraph H. indication of the location of topsoil and gravel stockpiles on the grading plan; c) Paragraph H. topsoil shall not be removed from the mining site and must be replaced upon reclamation of each phase; and 11 nn averttilhtng `UL s coming P gosemounill C I recycled paver Regular Planning Commission Meeting Minutes April 27, 1993 Page Two d) further clarification of Paragraph F designating a truck route for transfer of the materials providing evidence of approval from the Dakota County Highway Department for use of county roads. 2) completion of the Dakota County Soil and Water Conservation District Mining Permit Application as additional documentation of the mineral extraction activities; and 3) provision of documentation showing that a National Pollution Discharge Elimination System Permit has been applied for regarding this mining activity with the Minnesota Pollution Control Agency. Second by McDermott. Ayes: Busho, Baago, Ingram, McDermott. Nays: 0. Assistant Planner Rick Pearson advised that the City has received a petition for a metes and bounds lot division /combination from Ms. Betty Ann Nieland, 2067 135th Street West. The subject property is situated in the Agricultural District north of 135th Street West between Keegan Lake and Bacardi Avenue. Ms. Nieland is proposing to divide off approximately 12 acres of her property and combine it with a contiguous 10.48 -acre parcel currently owned by her son, Mr. Henry Nieland. The conveyance of this land is solely for agricultural purposes and will not create new residential lots and, therefore, park dedication is not required. Both affected property owners were in the audience and discussed with the Commission whether or not it is appropriate to require the Nielands to provide additional right -of -way for future expansion of County Road 38 (135th Street). Planning staff has determined that the proposed lot split /combination is in conformance with minimum ordinance and subdivision requirements. Further, the proposal will enhance and enable the continuance of an agricultural use in the Agriculture District which is consistent with the purpose and intent of the zoning district as well as the Comprehensive Guide Plan policies. MOTION by Ingram to recommend to City Council approval of the lot split /combination of property identified by P.I.D. 34- 02110 010 -35 and 34- 02110 011 -34 subject to: 1) re- combination of Parcel B with the adjacent ten -acre property to the east; and 2) clarification from Dakota County and resolution as to whether additional roadway easement for future county road expansion should be required. Second by Baago. Ayes: Baago; Ingram; McDermott; Busho. Nays: 0. Dan Huntington, Matthew Daniels, Inc., was present in the audience to discuss a site plan for an office and wholesale /supply building proposed to be located in the C -4 General Commercial District and situated to the south of 151st Street on the east side of Carousel Way. Mr. Huntington is proposing a 2,028 square foot office /display area with a six -foot wall section connecting to an existing 4,025 square foot structure used for warehousing. The planned use is permitted in the C -4 District and is in conformance with the City's Comprehensive Guide Plan Land Use Designation. Assistant Planner Rick Pearson discussed the elements of the site plan regarding proposed parking, lot coverage, current setback encroachments, fencing issues, landscaping plan, aesthetic treatment of the proposed and existing structure bringing it into compliance with current ordinance standards. Mr. Huntington stated his willingness to address and comply with the issues identified by Planning staff. However, he questioned the City Attorney's interpretation that this proposal should be considered an expansion of the existing building and the existing building be brought into conformance with ordinance requirements for aesthetic treatment. Because the structures are designed with a 6 -foot connection to provide passageway between the existing and proposed Regular Planning Commission Meeting Minutes April 27, 1993 Page Three building, Mr. Huntington feels this does not constitute an "addition" and only the newer building should be aesthetically treated according to current standards. Mr. Huntington stated his intention to petition for a variance to aesthetic treatment of the existing building. However, he further expressed his desire to begin his project immediately and, should the variance be denied, he will comply with ordinance requirements for aesthetic treatment of the existing building. MOTION by Baago to approve the site plan for property located at 15230 Carousel Way for an office /wholesale supply use as requested by Matthew Daniels, Inc. subject to: 1) eliminating pavement indicated within the northern side yard setback; 2) compliance with architectural aesthetic materials standards as required in Section 7.2 of the Zoning Ordinance; 3) increasing the indicated foundation plantings by seven (7) shrubs, increasing the size of the indicated boulevard trees per Zoning Ordinance Section 8.3, and posting of a security in the amount of $2,500 for the landscaping; 4) approval of a revised grading plan by the City Engineer; 5) removal of the barbed wire from the existing security fence; 6) modification of the dumpster enclosure to be consistent with Zoning Ordinance Section 4.9 Outdoor Storage; and 7) compliance with all applicable building and fire codes. Second by Busho. Ayes: Ingram, McDermott, Busho, Baago. Nays: 0. Director of Planning Lisa Freese updated and reviewed with the Commission the ongoing efforts of the Metropolitan Council to update the Metropolitan Development Investment Framework (MDIF). Director Freese reviewed the proposal that is being considered by the Metropolitan Council that will impact Metropolitan Urban Service Area (MUSA) expansions within the metropolitan area. Director Freese advised that the Metropolitan Council has requested verification that the City's zoning ordinance is in conformance with the Metropolitan Agricultural Preserve Act. In reviewing the City's ordinance to determine conformance, Planning staff identified that the minimum density requirement for the Agriculture Preserves (AG -P) District is 2.5 acres which is inconsistent with the Agricultural Preserves Act minimum density of 1 per 40. Further review of the ordinance by the Building Department revealed that Section 14.6, On -site Sewer Requirements, did not reference the current state and county standards. Planning staff recommends that minimum density in the Agriculture Preserves District be changed to 40 acres rather than the current 2.5 acres and that Section 14.6 be revised to reference appropriate Minnesota PCA and Dakota County Department of Environmental Management regulations for on -site septic systems. MOTION by Busho to recommend that City Council set a Public Hearing for a proposed Zoning Ordinance Text Amendment to revise the Agriculture Preserves (Ag -P) District minimum density requirements to bring them into conformance with the Metropolitan Agricultural Preserves Act and the on -site sewer ordinance regulations to bring them into conformance with state and county standards. Second by Baago. Ayes: McDermott, Busho, Baago, Ingram. Nays: 0. MOTION by Busho to recommend to City Council adoption of ORDINANCE B -28, AN ORDINANCE AMENDING ORDINANCE B, CITY OF RosEMOUNT ZONING ORDINANCE. Second by Baago. Ayes: Busho, Baago, Ingram, McDermott. Nays: 0. Regular Planning Commission Meeting Minutes April 27, 1993 Page Four Director of Planning Lisa Freese advised that Dakota County has notified the City of Rosemount that a Public Hearing will be held on April 29, 1993 regarding a name change proposal for Bacardi Avenue. Due to ongoing theft problems with the street signs because of the connotation of the "Bacardi" name, the Dakota County Highway Maintenance Shop has requested a name change be effected to reduce the potential problems of unmarked streets in emergency situations. The proposed name change would result in new addresses for the businesses and residences located along Bacardi Avenue in the cities of Rosemount and Inver Grove Heights. The County addressing system dictates that this street name must begin with a "B" and be a name of a "place" or "thing" and, therefore, the County is considering renaming this street to "Bald Eagle Avenue." The Planning Commission concurred that a name change is warranted because the sign thefts pose serious issues. However, the Commission wondered if a less disruptive solution could be done that would have a lesser impact on the property owners such as changing the spelling of "Bacardi" to "Bacardy." MOTION by Busho to direct Planning staff to prepare a letter of support from the City of Rosemount Planning Commission in response to the County's proposal to effect a name change for Bacardi Avenue and to convey the Commission's desire that the name change provide minimum disruption to the property owners and that the County consider a modified spelling of the current name of "Bacardi" to "Bacardy." Second by Baago. Ayes: Baago, Ingram, McDermott, Busho. Nays: 0. On March 5, 1993 USPCI, Inc. requested an amendment to the City of Rosemount zoning ordinance text to allow disposal of coal ash at the Minnesota Industrial Containment Facility (MICF). As requested by the City Council, Barr Engineering was retained to review the USPCI application, "White Paper and Waste Acceptance Plan. Director of Planning Lisa Freese introduced Mr. Tom Radue, P.E., Barr Engineering Company, who was in attendance to provide a summary of the Barr Engineering report and to answer questions from the Commission. The report identifies no major issues with allowing coal ash to be disposed of in this facility. Mr. Radue outlined his recommendations for additional conditions regarding dust control and leachate monitoring in the regulation coal ash disposal. Mr. Radue stated that, based on analysis of testing results, disposal of coal ash at the MICF appears to pose little risk to the environment provided the waste acceptance plan and facility operations plan is properly implemented. Based on Mr. Radue's report, Planning staff is recommending that a zoning ordinance text amendment would be appropriate. If the Planning Commissions directs that the conditions suggested by Mr. Radue be adopted, an addendum to USPCI's existing Interim Use Permit (IUP) will be required. MOTION by Busho to recommend to City Council that a Public Hearing be scheduled for May 18, 1993 for public input regarding the Zoning Ordinance Text Amendment as requested by USPCI, Inc. Second by Baago. Ayes: Baago, Ingram, McDermott, Busho. Nays: 0. MOTION by Busho directing that Planning staff work with the city attorney to develop an Interim Use Permit (IUP) Addendum relating to the handling of coal ash and leachate monitoring per Barr Engineering's recommendation. Second by Baago. Ayes: Ingram, McDermott, Busho, Baago. Nays: 0. Director of Planning Freese advised that Metropolitan Council staff has notified the City of treatment capacity issues at the Rosemount Waste Water Treatment Plant (WWTP) with regard to Regular Planning Commission Meeting Minutes April 27, 1993 Page Five the City's proposed MUSA expansion in the Comprehensive Guide Plan Update. The City has been asked to consider granting the Metropolitan Council additional review time to complete their review of Update 2000. This would provide them an opportunity to evaluate the Rosemount Waste Water Treatment Plant capacity issues and identify alternative interim improvements of the Rosemount WWTP that would establish a new capacity limit for the Rosemount WWTP. MOTION by Busho to request that the Metropolitan Council extend the review of the City of Rosemount Comprehensive Guide Plan Update 2000 until September 22, 1993 to allow the Metropolitan Waste Control Commission to complete a review of the Rosemount Waste Water Treatment Plant interim improvements. Second by Baago. Ayes: McDermott, Busho, Baago, Ingram. Nays: 0. Director of Planning Freese stated that, due to an error in transmitting the notice to the paper for publication, the Mosquito Control District Rezoning Petition Public Hearing has been rescheduled. In order that the City is in compliance with the state statute for publishing of a scheduled hearing ten days prior to the hearing, the public hearing for the rezoning of the Mosquito Control District property will be held on May 18, 1993 at 8:00 p.m. Commissioner Baago thanked the representatives from USPCI, Inc. for the recent tour of their facilities and encouraged the other Planning Commissioners to attend the USPCI, Inc. Public Hearing on May 18th in case their are any questions from the Council regarding the tour of the USPCI operation. MOTION by Busho to adjourn. Second by Baago. Ayes: McDermott, Busho, Baago, Ingram. 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. R: +ectfully su„"'tted, 1 onna Quintus Recording Secretary 111 icy 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 MAY 11, 1993 Dennis Wippermann ADMINISTRATOR Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was dSU��yh Jilk held on Tuesday, May 11, 1993 at 5:00 p.m. Chairperson Busho called the meeting to order Q with members McDermott, Baago, and Ingram present. Also present was Director of Planning Lisa Freese and Assistant Planner Rick Pearson. Director of Planning Lisa Freese provided a brief summary of recent City Council actions including the following: 1) Mr. Ed Dunn's presentation of the Port Authority's first year activities; 2) the results of the fire station referendum; 3) setting of public hearings for the Mosquito Control Commission and the Agricultural Preserves Ordinance Text Amendment; 4) delay in the public hearing for USPCI's Coal Ash Ordinance Text Amendment; and 5) Council's support for Planning Commission's recommendation regarding Bacardi Avenue name change; and 6) the Chamber of Commerce request that the City Council consider the "one -stop shop" approach for development review and project management. Assistant Planner Rick Pearson updated the Planning Commission regarding the Genz -Ryan landscaping for their recent building improvement and the Nieland lot split /combination. Mr. Pearson reported that after meeting with the Ryans on the site, they agreed to plant three spruce trees in front of the southern storage area and that Planning staff has agreed to this solution. The Nielands had concerns about the requirement for additional right -of -way along County Road 38. Planning staff was able to persuade the County to defer this right -of -way acquisition until the property is platted for residential use. Director of Planning Freese also provided the Planning Commission with an update regarding the Metropolitan Council's work on the Metropolitan Development Investment Framework (MDIF). Assistant Planner Rick Pearson provided the Planning Commission with background regarding the City Limits Lanes Night Club, Inc. site plan review. The Planning Commission tabled action on the site plan at their April 13, 1993 Regular Planning Commission Meeting in order to allow the applicant time to provide additional information detailing: 1) the amount of seating proposed for the patio area; 2) landscaping plan; 3) parking lot details; 4) submittal of a survey which identifies existing easements; and 5) delineation of handicapped parking spaces. Mr. Joseph Doyle, owner of City Limits Lanes Night Club, Inc., submitted revised information which indicates that the patio plan has provided enough parking to meet the ordinance requirements and that the handicapped parking will be relocated to the north of the building. The Planning staff has also examined the easement file with the City Engineering Department and has determined that no easements will be impacted by the proposed patio or volleyball courts. In addition, the scope of the current proposal does not warrant lighting enhancements or significant landscape improvements at this time. Chairperson Busho questioned the security of the patio area with the gates that will be installed. Director of Planning Freese explained that the gates are a fire code requirement and that they will be closed during normal operating hours except in the case of an emergency. Commissioner McDermott expressed concern about access around the building. Assistant Planner Pearson C'�veryihings coming gip CRosemouni!! recycled paper Regular Planning Commission Meeting May 11, 1993 Page Two illustrated the circulation pattern around the building and the changes that have resulted from the relocation of their access because of the Highway 3 improvements. MOTION by Busho approve the site plan for patio improvements and the relocated volleyball courts as requested by City Limits Lanes Night Club, Inc. at 15400 South Robert Trail subject to: 1) the installation of one ordinance consistent shade tree near the patio and provision of a security in the amount of a $200.00 warranty in accordance with Section 8.3 of Ordinance B City of Rosemount Zoning Ordinance and 2) conformance with all applicable building and fire codes. Second by Baago. Ayes: Baago, Busho, Ingram, McDermott. Nays: 0. Assistant Planner Rick Pearson presented a summary of the Spectro Alloys proposed building expansion. Spectro Alloys is requesting to construct a two -story addition to their plant located north of State Highway 55 at 13220 Doyle Path. Mr. Pearson overviewed the various ordinance violations that exist on the site, including: 1) storage of outdoor trash and junk associated with recycling operations; 2) the lack of turf and paving; and 3) semi trailer parking within the public right -of -way of the Doyle Path cul -de -sac. Mr. Pearson detailed the expansion and stated that Planning staff recommends approval of the site plan subject to four conditions. MOTION by Baago to approve the site plan for the two -story addition to Spectro Alloys building #3 subject to: 1) providing the City with a copy of the NPDES Permit annual report and implementing Best Management Practices for erosion control and stormwater management, as deemed necessary by the City Engineer; 2) conformance with Section 4.9 of Ordinance B City of Rosemount Zoning Ordinance by removing all trash, junk, and debris from the grounds within 30 days; 3) posting of a security in the amount of $1,200.00 for landscaping, in accordance with Section 8.3 of Ordinance B City of Rosemount Zoning Ordinance; and 4) conformance with all applicable building and fire codes. Second by Busho. Ayes: Baago, Busho, Ingram, McDermott. Nays: 0. Assistant Planner Pearson informed the Planning Commission that ENRON Northern Natural Gas Co. withdrew their Variance Petition for setback encroachments for their facility located on the northwest corner of 145th Street West and Biscayne Avenue. Assistant Planner Pearson overviewed the Lance Johnson /Friedges Landscaping 1993 Mineral Extraction Permit Renewal request. In 1992 several conditions had been placed on the permit regarding conditions that were to be complied with prior to the renewal of the 1993 permit. Mr. Pearson overviewed the progress that had been made since last year in the restoration of the site. As well, the operator has agreed to limit the active mining area to one phase of the site and restore the remainder of the site. Commissioner McDermott asked for further details regarding the restoration of the site. Chairperson Busho inquired as to the location and the amount of stockpiling to occur on this site. Mr. Lance Johnson and Mr. John Friedges were present and made themselves available for questions. There was considerable discussion about the concrete rubble that had been dumped on the site. Mr. Friedges asked whether or not the Planning Commission would consider some flexibility with Condition M. which does not allow processing or mixing of materials on the site. He explained the need to mix crushed concrete materials in with materials being mined from the site. MOTION by Baago to recommend approval of the requested 1993 renewal of the Mineral Extraction Permit for the Lance Johnson site with Friedges Landscaping as the pit operator subject Regular Planning Commission Meeting May 11, 1993 Page Three to the following conditions: 1) execution by both owner and operator of the 1993 Mining Permit; 2) posting of a security in the amount of $2,500 by both the property owner and the pit operator; 3) posting of a security by Bituminous Roadways, Inc. in the amount of $12,000 to guarantee the reseeding of the restored phases; 4) completion of the Dakota County Soil and Water Conservation District permit; 5) requesting that Mr. Friedges put into writing his intentions for on -site concrete recycling; 6) that the operator provide a designated area for storage of concrete materials on the site plan; and 7) that all demolition debris be cleaned up this year. Second by McDermott. Ayes: Baago, Busho, Ingram, McDermott. Nays: 0. Director of Planning Freese briefly reviewed the request for final plat approval for Shannon Hills 5th Addition by Mr. Steve Fiterman, Ground Development Corp. This phase encompasses 16.8 acres and consists of 41 single family lots. It was noted that the final plat is consistent with the preliminary plat and in conformance with the PUD Agreement. The improvements will be installed as a public improvement project. The developer has requested that the grading plan be approved for both this phase and the final phase, the 6th addition. Director of Planning Freese noted that City Engineer Bud Osmundson has concerns about the grading plan in the very northeast corner because of the significant trees that would be lost and the manner in which grading plan ties back into the property to the north. Chairperson Busho inquired about the prairie grass area discussed in the Parks Master Plan. Director of Planning Freese indicated that this area is on the Kelley Trust property to the north of this development. MOTION by Baago to recommend approval of the final plat for Shannon Hills 5th Addition subject to: 1) Park Dedication fee of $21,320.00 cash contribution; 2) detailed engineering plans and specifications and a grading plan to be approved by the City Engineer; 3) installation of sidewalk /trail on the east side of Cobbler Avenue; and 4) an executed Subdivision Development Agreement. Second by Ingram. Ayes: Busho, Baago, Ingram, McDermott. Nays: 0. Director of Planning Freese overviewed the City of Farmington's annexation proposal which includes annexing from the current Farmington boundary north to the southern boundary of Rosemount, one mile to the east and west of STH 3. The Commission was provided with the background and rationale for Farmington's request and apprised of various development pressures that are occurring in this area of Empire Township. Commissioner McDermott questioned whether or not the City of Rosemount should consider annexation of the four sections just to the south of Rosemount that Farmington is considering for annexation. Commissioner McDermott identified this area as Rosemount's potential growth area and the Planning Commission agreed that the City should look into whether or not consideration should be given to this area for future expansion. It was the consensus of the Planning Commission that these concerns be forwarded to City Council. Director of Planning Freese also provided the Planning Commission with an update on airport planning activities. Of particular concern was the land use and development control measures that are allowed under the Minnesota Statute pertaining to the airport development area. This statute allows the Metropolitan Council to have regulatory power for land use and development control measures extending out three to five miles from the proposed boundaries of the potential airport site within 120 days after it is designated. Regular Planning Commission Meeting May 11, 1993 Page Four Commissioner Ingram expressed concern about the airport's process and stated that the Planning Commission should get more involved in trying to halt this process. The Commission discussed various ways to become further involved in the process. MOTION by Busho to adjourn. Second by McDermott. Ayes: Ingram, Busho, Baago, McDermott. Nays: 0. There being no further business to come before this Commission and by unanimous decision this meeting was adjourned at 7:40 p.m. R ii ectfully s miffed, 0 0/Lisa Freese Director of Planning IIII 4111 iy of Rosemount 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 Harry Willcox Planning Commission Dennis Wippermann ADMINISTRATOR REGULAR MEETING MINUTES MAY 25, 1993 Stephan Jilk Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on Tuesday, May 25, 1993 at 5:00 p.m. Chairperson Busho called the meeting to order with members McDermott, Baago and Ingram present. Also present was Director of Planning Lisa Freese and Assistant Planner Rick Pearson. MOTION by Baago to approve the April 27, 1993 Regular Meeting Minutes as presented. Second by McDermott. Ayes: McDermott, Busho, Baago, Ingram. Nays: 0. Commissioner Gundacker arrived and took his chair at 5:02 p.m. Director of Planning Freese provided a brief summary of previous actions regarding USPCI, Inc.'s request for an amendment to the Rosemount Zoning Ordinance text to permit the acceptance of coal ash at the Minnesota Industrial Containment Facility (MICF). Should this request be granted by City Council it is necessary to amend USPCI's 1992 Interim Use Permit (IUP). Director Freese reviewed a draft IUP Amendment as recommended by Mike Miles, City Attorney, based upon recommendations made by Tom Radue, P.E., Barr Engineering, technical consultant retained by the City to evaluate the effects of coal ash disposal at the USPCI, Inc. non hazardous waste containment facility. Mr. Don Chapdelaine and Mr. Rex Kraft, USPCI, Inc. representatives, were in attendance and stated their acceptance of the proposed amendment. MOTION by Busho to recommend to City Council approval of an amendment to the USPCI Interim Use Permit pertaining to the handling of coal ash and leachate monitoring as submitted by Planning staff with further clarification that the ash received be one hundred percent (100 coal ash and creating of conditions for safe transportation of coal ash with respect to wind conditions. Second by Baago. Ayes: Baago, Ingram, Gundacker, McDermott, Busho. Nays: 0. Director of Planning Freese distributed copies of the Shannon Hills Fifth Addition Development Agreement. City Engineer Osmundson and Planning staff have recommended minor changes to the City's standard agreement relative to sidewalk installation and site clean -up. MOTION by Baago to recommend to City Council execution of the Shannon Hills Fifth Addition Development Agreement. Second by Busho. Ayes: Ingram, Gundacker, McDermott, Busho, Baago. Nays: 0. Chairperson Busho recessed the Regular Planning Commission Meeting and opened the Board of Appeals and Adjustments to conduct a public hearing scheduled for 5:30 p.m. Chairperson Busho opened the Public Hearing for a request from Basic Builders, Inc. for a variance to front yard setback requirements in the Rural Residential (RR) District. The recording secretary had in her possession Affidavits of Publication and Mailed and Posted Hearing Notice. tSverylhings @oming cRosemounil! `J recycled paper Regular Planning Commission Meeting Minutes May 25, 1993 Page Two Mr. Jeff Nivala, Basic Builders, Inc., has petitioned for a variance to construct a home on an existing undersized lot in the Rural Residential District north of 130th Street West in the Jay Simon First Addition. The home is proposed to be situated 35 feet from the front yard property line of the .77 -acre lot, legally described as Lot 8, Block 3, Jay Simon First Addition (2086 128th Street West). Zoning Ordinance standards for front yard setbacks in the Rural Residential District is 40 feet. Upon investigation of established front yard setbacks for this block, Planning staff has determined that the average setback is 39.36 feet. Planning staff has also determined that the proposed house can be constructed on this lot, as well as the private septic system and well, and meet current ordinance standards. Therefore, Planning staff recommends denial of the variance request because it does not meet findings 2, 3, and 4 of Section 15.2 of the Zoning Ordinance. Mr. Nivala advised that the requested variance, if granted, will allow for the preservation of several significant trees or provide a reasonable chance for their survival. There were no further comments from the audience. Chairperson Busho closed the Public Hearing at 5:50 p.m. The Planning Commission discussed their concern for the protection of the trees and suggested that the petitioner provide survey verification of the location and types of trees that may be impacted and that this survey be submitted to Planning staff for their analysis. MOTION by Gundacker to grant the variance petition as submitted by Basic Builders, Inc. for a variance from ordinance standard 40 -foot front yard setback to 35 feet for Lot 8, Block 3, Jay 1111 Simon First Addition, based upon the following: 1) this lot has been determined to be buildable and a legal lot of record; however, it is significantly undersized from other RR Rural Residential lots and, therefore, is considered a hardship of the land; 2) the Board of Appeals and Adjustments considers the preservation of existing mature trees such as the 12 -inch box elder, 6 -inch cherry, 24- inch oak, and twin cherry trees (to east of proposed house) of great importance; and 3) submittal of a survey specifically locating trees and septic system for Planning staff analysis and recommendation of location for least impact on existing vegetation. Second by Busho. Ayes: Gundacker, McDermott, Busho, Baago, Ingram. Nays: 0. Chairperson Busho opened the public hearing to receive input on the Variance Petition submitted by Mr. Trey Wasser. The recording secretary had in her possession Affidavits of Publication and Mailed and Posted Hearing Notice. Mr. Trey Wasser, 12290 Chinchilla Court, has petitioned for a variance to minimum setback requirements to allow a 962 square -foot expansion of his home within a protected shoreland area. Section 9.1 Shoreland Overlay Regulations provides for a 200 -foot structure setback from water bodies designated by the Department of Natural Resources (DNR) as "Natural Environment Waters. Mr. Wasser's home is surrounded on three sides by a series of water bodies that are connected in high water situations and are classified as Natural Environment Waters by the DNR. The existing structure is set back approximately 60 feet to the north, 140 feet to the east, and 160 feet to the southeast of the Ordinary High Water Elevation (OHWE). The overlay district standard requires 200 -foot setbacks for structures from the OHWE. Assistant Planner Rick Pearson discussed Planning staff's recommendation to deny this variance because it would increase the existing non conforming setback on the northwesterly corner of the home from 60 feet to 40 feet. Assistant Planner Pearson referred to correspondence from Mr. Pat Lynch, DNR, indicating that the change in elevation (approximately eight feet from the proposed Regular Planning Commission Meeting Minutes May 25, 1993 Page Three addition site to the OHWE) mitigates much of the negative effects of the setback encroachment. However, Planning staff believes the increased runoff from the additional roof area coupled with the reduced surface area next to the banks above the water could result in increased erosion of the bank. Further, existing vegetation in the bank area may be disturbed during the construction process that may be difficult to re- establish on a shady and relatively steep slope within thirty feet of the OHWE. Also, relocation of the existing garage to the west may be restricted due to location of on -site septic and drainfield system. Planning staff acknowledges that the subject property has exceptional or extraordinary circumstances because it is surrounded on three sides by water bodies that are protected by the Shoreland Regulations. Planning staff has identified an alternative to the proposed variance that the Board of Appeals and Adjustments may want to consider. The north wall of the home is generally parallel to the closest shoreline 60 feet away. The Board may want to consider granting a variance that would allow the addition that extends the northern line of the building further to the west. This option would not impact the 60 -foot area separating the water from the building as much as the petitioned variance. Mr. Trey Wasser was present in the audience. He distributed copies of the elevations for the proposed addition and a lot survey with a drawing of the approximate location of the existing septic and drainage system. Mr. Wasser advised that the alternative plan proposed by Planning staff would greatly impact the present septic system and require its relocation. Repositioning of the septic system could have a negative impact on ground water. Also, Mr. Wasser stated it is a priority of his to preserve the environment and discussed his plans for increasing the landscaping and enhancement of stabilization techniques for improved stability of the bank. He sited his concurrence with Mr. Pat Lynch's comments in his letter relating to the logic for the proposed location of the addition. Mr. Wasser restated his feeling that the requested variance represents a reasonable and preferred use for his property. There were no other comments from the audience. Chairperson Busho closed the Public Hearing at 6:33 p.m. The Board discussed the requested variance and identified several issues they felt should be investigated prior to their taking formal action on Mr. Wasser's request. MOTION by Busho to table action until a future meeting in order that further detail and clarification be provided relating to the following: 1) submittal of a Certificate of Survey of Mr. Wasser's lot (34- 01710- 010 -34) that provides accurate location of septic and drainfield system, well, and proposed driveway; 2) submittal of final grade information; 3) plans for landscaping and restoration of existing driveway; and 3) identification of position of proposed addition in relationship to existing tree dripline; and 4) methods proposed for increased bank stabilization. Second by Baago. Ayes: McDermott, Busho, Baago, Ingram, Gundacker. Nays: 0. Chairperson Busho closed the Board of Appeals and Adjustments and reconvened the May 25, 1993 Regular Planning Commission Meeting at 6:45 p.m. Assistant Planner Rick Pearson advised that Mr. James Allen, President of Hampton Development Corporation, has requested final plat approval of the first phase of Shannon Pond PUD. Phase I of the Shannon Pond PUD consists of 42 single family residential lots. 40 of the 42 lots meet or exceed minimum lot standards as specified in the Zoning Ordinance. These lots exceed all other standards in lot area and lot depth. Another lot split /combination, modified from the one approved Regular Planning Commission Meeting Minutes May 25, 1993 Page Four in February, 1993 for the first phase development, will be required due to an adjustment in Phase I property boundaries. MOTION by Ingram to recommend approval of Shannon Pond First Addition subject to: 1) park dedication in the amount of $21,840 cash contribution, in lieu of land, as well as sidewalk and trail installation as specified by the Park and Recreation Commission, including sidewalks in the northerly boulevard of 156th Street West, westerly boulevard of Crocus Avenue, and the southerly boulevard of Crystal Avenue; 2) detailed plans and specifications including a revised grading plan to be approved by the city engineer; 3) committing to house designs that conform to ordinance setback standards for Lot 5, Block 5 and Lot 1, Block 4; 4) an executed Subdivision Development Agreement; and 5) an approved and recorded lot split /combination for property recently acquired by the developer for the revised first phase. Second by Busho. Ayes: Busho, Baago, Ingram, Gundacker, McDermott. Nays: 0. Assistant Planner Rick Pearson reviewed a request from Mr. Gary Schumann, Senior Project Manager for Koch Refining Company, for site plan approval for a pipeline meter station along Rich Valley Boulevard, west of the refinery and situated within the IG General Industrial District. Koch Refining Co. is proposing to move its current meter station outside the refinery complex to alleviate problems that have arose at its current location. The proposed location of the meter station is on a 2.25 -acre fenced enclosure north of the entrance of the parking lot located on CR 71 (across from the Lance Johnson mining site entrance). The proposal consists of the erection of two buildings: a 12' x 18' electrical equipment sub station and a 36' x 36' meter building and lab. Discussion centered on the aesthetic treatment of the proposed structures and required landscaping. Representatives from Koch Pipelines were in attendance and answered questions from the Commission and staff. MOTION by Baago to approve the site plan for the pipeline meter station requested by Koch Refining Company subject to: 1) conformance with the aesthetic material standards for the electrical equipment substation as specified in Section 7.2 A(4) of the Zoning Ordinance unless it can be demonstrated to Planning staff that this building will not be visible to public right -of -way; 2) provision of either 21 shrubs for screening or five trees as recommended by Planning staff and providing a security in the amount of $650 per Section 8.3G of Ordinance B City of Rosemount Zoning Ordinance; and 3) conformance with all applicable building and fire codes. Second by Gundacker. Ayes: Baago, Ingram, Gundacker, McDermott, Busho. Nays: 0. MOTION by Busho to adjourn. Second by Gundacker. Ayes: Ingram, Gundacker, McDermott, Busho, Baago. Nays: 0. There being no further business to come before this Commission and by unanimous decision this meeting was adjourned at 7:15 p.m. 110 R s itted, nna Quintus Recording Sec etary 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 JUNE 8, 1993 Dennis Wippermann ADMINISTRATOR Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duPyan Jilk held on Tuesday, June 8, 1993 at 5:00 p.m. Chairperson Busho called the meeting to order with members McDermott, Gundacker, and Ingram present. Also present was City Administrator Stephan Jilk and Assistant Planner Rick Pearson. MOTION by Gundacker to approve the May 25, 1993 Regular Meeting Minutes as presented. Second by McDermott. Ayes: Gundacker, McDermott, Busho, Ingram. Nays: 0. City Administrator Steve Jilk provided a brief summary of recent activities regarding Comprehensive Guide Plan Update 2000 noting that Metropolitan Council comment will be delayed until the Metropolitan Waste Control Commission (MWCC) has completed their report regarding capacity issues surrounding the Rosemount Waste Water Treatment Plant (WWTP). If the City were to submit an Interim MUSA Plan, Met Council has indicated they would consider this a new plan and would initiate a new 90 -day review period. The City has requested an extension of the Met Council review procedure to permit the completion of the MWCC report. Administrator Jilk updated the Commission on the Dual Track Airport Planning Process. The Metropolitan Airport Commission (MAC) Technical Advisory Committee has accepted the site selection criteria and has begun their preliminary analysis of the criteria regarding candidate sites in Dakota County. Site 6 may be removed as a potential airport location due to the results of a study which established that the atmospheric conditions caused by the processing equipment at Koch Refining would have considerable impact on the proposed main departure runway. This site represents the greatest encroachment on the City of Rosemount. Administrator Jilk advised that Dakota County has petitioned for the redesignation of County Road 42 from a minor to a major arterial. This change would increase the access standards along County Road 42 from one quarter mile to one -half (1/2) mile intervals. If implemented, the redesignation will have a significant impact on the City's Comprehensive Guide Plan, as well as a critical impact on the developments that the City is currently working with, such as CMC and the Port Authority Business Park. Mr. Jilk requested Planning Commission support of the City Council and Port Authority's recommendation to Dakota County that they continue to acknowledge existing and proposed development along County Road 42 with current access spacing guidelines and, further, that consideration should be given to emphasizing County Road 46 (160th Street) as a major cross county arterial. MOTION by Ingram to support the Rosemount City Council and Rosemount Port Authority in expressing their concern in a written document to the Dakota County Board regarding County State Aid Highway 42 access to the proposed CMC development and the Rosemount Business Park site. Second by Busho. Ayes: McDermott, Busho, Ingram, Gundacker. Nays: 0. Chairperson Busho recessed the Regular Planning Commission Meeting and opened the Board of Appeals and Adjustments to conclude action on a previous variance petition and to conduct a public hearing scheduled for 5:30 p.m. S verylhings @oming i p cRosemounl!! Lri recycled paper Regular Planning Commission Meeting Minutes June 8, 1993 Page Two Assistant Planner Rick Pearson presented an overview of the Board of Appeals and Adjustments' decision to table action on the Variance Petition submitted by Mr. Trey Wasser, 12290 Chinchilla Court. Approval of Mr. Wasser's request for an addition onto his existing home would allow for further encroachment into setback areas. The setback requirements are regulated by the Shoreland Overlay Regulations which have been adopted into Ordinance B City of Rosemount Zoning Ordinance. At the request of the Board of Appeals and Adjustments, Mr. Wasser presented further details regarding his proprosal. Mr. Wasser stated that an addition in the proposed location would not destroy existing oak trees and soils analysis shows existing soils will support the addition. Also, Mr. Wasser noted that his entire site has a very high water table and, thus, making relocation of the existing septic system risky. Mr. Wasser discussed his plans to provide improved bank stabilization. The Commission discussed the uniqueness of the applicant's lot which they felt represented a hardship relating to the property and discussed methods for improved stabilization of the bank area between the addition and the pond. MOTION by Busho that a variance be granted as requested by Mr. Trey Wasser to construct an addition to his home to within 30 feet of the Ordinary Highway Water Elevation (OHWE) because his lot is unique in that it is partially under water and the existing home is surrounded on three sides by water subject to use of supplementary techniques for bank stabilization; and, further, subject to all building and fire codes. Second by Gundacker. Ayes: Busho, Ingram, Gundacker, McDermott. Nays: 0. ID Chairperson Busho opened the Public Hearing to hear public comment on a request for a variance to architectural materials standards in the C -4 General Commercial District. The recording secretary had in her possession Affidavits of Publication and Mailed and Posted Hearing Notice. Mr. Dan Huntington, Matthew Daniels, Inc., has requested a variance to building exterior treatment standards on an existing metal building which is considered to be an addition to a newly constructed office /display structure. Mr. Huntington proposes to upgrade the eastern elevation facing Carousel Way with 100% aesthetic treatment and the remaining three sides with 50% aesthetic treatment. Section 7.2 A(2) of the Zoning Ordinance requires 100 aesthetic treatment for both the easterly and southerly elevations. The site is located at 15230 Carousel Way and is in the C -4 General Commercial District. The southern property boundary abuts vacant land that is currently zoned R -3 Multiple Family Residential. The ordinance requires 100% aesthetic treatment of wall surfaces abutting a public right -of -way, public areas, or residential uses. Mr. Huntington was in attendance and discussed his proposal for 50% treatment of the southerly exterior wall based upon the Comprehensive Guide Plan Update 2000 redesignation of the multiple family residential to BP Business Park. Mr. Huntington advised that this vacant lot has multiple rows of evergreen trees varying in height with a maximum height of approximately 15 feet. Assistant Planner Rick Pearson advised that the City has received inquiries regarding the vacant lot for multiple family development and further noted that rezoning of the vacant lot to Business Park is not automatic and the possibility is dependent on approval of Comprehensive Guide Plan Update 2000. Mr. Pearson further noted that the existing evergreens are located entirely on the vacant lot and the City has minimal control relative to the preservation of the trees. Therefore, Planning staff is recommending denial of the variance request because it does not meet the required findings for granting of variances. Regular Planning Commission Meeting Minutes June 8, 1993 Page Three There were no further comments from the audience. MOTION by Gundacker to close the public hearing. Second by McDermott. Ayes: Ingram, Gundacker, McDermott, Busho. The Commission concurred that the proposal submitted by Mr. Huntington represented substantial improvement to the existing property. Discussion ensued regarding the petitioner's willingness to provide intensification of the landscaping along the southerly property boundary on the subject site as a means to ensure suitable screening should the vacant lot continue as a residential land use. MOTION by Gundacker to grant a variance as requested by Mr. Dan Huntington, Matthew Daniels, Inc., to allow a reduction of aesthetic treatment on the southerly exterior wall surface of the existing building located at 15230 Carousel Way subject to the planting of additional landscaping in the form of trees along the southerly property boundary of his site as deemed appropriate by Planning staff because the Planning Commission feels the proposal meets the five required findings set out in Section 7.2 A(2) of Ordinance B City of Rosemount Zoning Ordinance have been met to the satisfaction of the Commission; and, further, existing buildings in the abutting this site have minimum aesthetic treatment, therefore requiring full aesthetic compliance of this building constitutes an unnecessary hardship. Second by McDermott. Ayes: Gundacker, McDermott, Busho, Ingram. Nays: 0. Chairperson Busho closed the Board of Appeals and Adjustments and reopened the regular Planning Commission Meeting at 6:20 p.m. Mr. Mohammed Elakkad, representative for the Islamic Center of Minnesota, was in attendance to discuss their request for Concept Planned Unit Development (PUD) approval for their proposal to locate a cemetery on a 15 -acre site situated east of Rosemount Woods Mobile Home Court and the Soo Line railroad tracks on the west side of Biscayne Avenue. Current zoning and comp plan land use designation of this property is Agriculture; however, as a result of previous discussions and direction regarding this development the Comprehensive Guide Plan Update 2000 designates the land use for this property as Public /Institutional. Commissioner Gundacker excused himself from the dais at 6:30 p.m. Assistant Planner Pearson provided overhead visuals as he summarized the cemetery proposal and discussed the proposed 4 -phase development and the timeline for each phase of the cemetery. Maximum development will include approximately 8,500 burial lots, Mosque, washing facility, and parking lot. Ultimate development is proposed to occur by the year 2015. The site will have access from Biscayne Avenue. The applicant is proposing site improvements to include edge- treatment landscaping, with more intensive landscaping along the edge of the parking lot to provide separation for future buildings and parking areas from burial plots. The fully developed cemetery design provides for possible expansion of Connemara Avenue across the railroad tracks from the west as well as anticipated trunk sewer infrastructure improvements. Planning staff requested Planning Commission review of the concept proposal on the merits of landscaping, parking, and circulation system. Issues relative to the actual burial methods are regulated via State Statutes and a PUD development agreement. This plan is presented as an initial component of the PUD process. Mr. Pearson advised that final approval of this proposal is dependent upon the following: 1) Met Council approval of Comprehensive Guide Plan Update 2000 for consistency with land use designation; 2) a zoning ordinance text amendment listing Regular Planning Commission Meeting Minutes June 8, 1993 Page Four cemeteries as a permitted use in the public /institutional district or another district as deemed appropriate by the Commission; 3) a rezoning of the property from Agriculture to the appropriate zoning; 4) final site plan for detailed review and formal approval by the Planning Commission. The Commission was further advised that a public hearing will be held by City Council regarding the PUD prior to formal action. The Commissioners discussed the cemetery concept and expressed their desire to receive further details prior to their making formal recommendation on the Concept PUD. MOTION by Busho to table action on the Islamic Cemetery Concept PUD until the petitioners provide further detailed written information. Second by Ingram. Ayes: McDermott, Busho, Ingram. Nays: 0. Assistant Planner Rick Pearson advised that the City has received a joint petition from Mr. Wayne Passon, Adventure Zone, and Mr. Jim Lathrop, Splatball, Inc., for a zoning ordinance text amendment to permit continued operations of their businesses in eastern Rosemount. Mr. Pearson described the activities and similarities of both outdoor recreational uses. The type of competition involved with these companies is performed in an outdoor natural vegetated environment. Both companies have operated on a seasonal permit for several years approved by City Council on a yearly basis. They are now requesting a year -round permit. Planning staff considers the "use" to be commercial outdoor recreation and that it should be regulated similar to other outdoor related uses. Several methods for administration of this type "outdoor recreation" were discussed including 1) Conditional Use Permit (CUP); 2) Interim Use Permit (IUP); or 3) as a permitted use within a specific district(s). City Administrator Steve Jilk advised that, if established as a legal use in any district, review procedures can be adopted that will mitigate any concerns for natural habitat by creating performance criteria. Standards can also be established that will require annual license renewal subject to Planning Commission and City Council review. MOTION by Busho to direct Planning staff to further research and draft language for a zoning ordinance amendment regulating the establishment of Commercial Outdoor Recreation in the General Industrial and Agricultural Districts as an Interim Use Permit (IUP). Second by Ingram. Ayes: Busho, Ingram, McDermott. Nays: 0. Chairperson Busho informed the Commission that a Blandin Leadership Program meeting will be held on Thursday, June 17, 1993 at 7:00 p.m. in the Council Chambers and encouraged all Commissioners to attend. City Administrator Steve Jilk gave a brief update of several proposals that the Port Authority and City have been evaluating relating to a motel, a theater, Kerry Johnson's proposed office complex, Carlson property shopping center development, and a site for the Armory maintenance facility. MOTION by Busho to adjourn. Second by Ingram. Ayes: Ingram, McDermott, Busho. Nays: 0. There being no further business to come before this Commission and by unanimous decision this meeting was adjourned at 7:40 p.m. /ect11 y su onna Quintus Recording Secretary ily of osemounl 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 JUNE 22, 1993 Dennis Wippermann ADMINISTRATOR Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was C1 ,Su p_han Jilk held on Tuesday, June 22, 1993 at 5:00 p.m. Chairperson Busho called the meeting to =order with members McDermott, Baago, and Ingram present. Also present was Director of Planning Lisa Freese and Assistant Planner Rick Pearson. MOTION by Busho to approve the June 8, 1993 Regular Meeting Minutes as presented. Second by McDermott. Ayes: McDermott, Busho, Baago, Ingram. Nays: 0. Planning staff advised that a special tour of a cemetery and facilities located in Bloomington and currently utilized by the Islamic community has been arranged as a part of this meeting. In addition, a visit to the City of Woodbury has been included as a part of the tour to view and evaluate housing developments within Woodbury where setback criteria to major and minor thoroughfares, railroads, and pipelines have been adopted and enforced. Director of Planning Lisa Freese summarized recent staff presentations and City Council activities. Rosemount Chamber of Commerce President Diane Pinkert updated the City Council on Chamber activities and requested City staff attendance at the Government Action Committee meetings to promote improved communication between the City and Chamber. City Engineer Bud Osmundson reported on the status of the 145th Street West reconstruction project for roadway improvements to 145th Street West between Shannon Parkway and Chili Avenue, including the realignment of the Chili /Chippendale Avenue intersection and the Dodd /Chippendale intersection. A resolution has been adopted by the City Council to enter a joint agreement with MnDOT and Inver Grove Heights for construction of a frontage road to serve Koch Refining Company and to install signals at the intersection of 117th Street and State Highway 52. The Council also adopted a resolution opposing the Dakota County Board's request to the State to redesignate County Road 42 to a principal arterial roadway and, further, requesting the County's consideration to allow access for the proposed Rosemount Business Park and the CMC housing development under current guidelines. Director Freese advised that the 1994 budget process has begun. Budget guidelines have been distributed to staff. Staff has been directed to hold operating budgets to a maximum of a 3% increase over the 1993 budget. Ms. Freese requested Planning Commissioner comments and input regarding the work program and needs relative to the 1994 budget. The Commission arrived at the Dawn Valley Cemetery in Bloomington, MN at 5:50 p.m. and were escorted on a tour of the facility as well as the burial grounds by Ms. Kathy Lehman, Cemetery Facilities Manager. Several questions were asked regarding performance criteria and burial practices. The Planning Commission wishes to formulate ordinance standards for development of all cemeteries. Planning staff was directed to research ordinances of area communities that already III have cemetery development regulations. e r 33veryih s @oming (Rosemount!! e j recycled paper Regular Planning Commission Meeting June 22, 1993 Page Two The tour continued to the City of Woodbury for perusal of Wedgewood and other new residential and commercial developments. The Commissioners considered the developments to be impressive and felt that the setback criteria should be adopted into the City of Rosemount Zoning Ordinance. MOTION by Busho to recommend approval of the proposed zoning ordinance text amendments relating to the design standards as outlined in Planning staff's memo dated June 18, 1993 in reference to setbacks, landscaping, and density regulations. Second by Baago. Ayes: Busho, Baago, Ingram, McDermott. Nays: 0. MOTION by Ingram to set a public hearing for zoning ordinance text amendments as proposed by Planning staff as soon as the ordinances can be prepared in draft ordinance form. Second by McDermott. Ayes: Baago, Ingram, McDermott, Busho. Nays: 0. MOTION by Busho to adjourn. Second by Baago. Ayes: Ingram, McDermott, Busho, Baago. Nays: 0. There being no further business to come before this Commission and by unanimous decision this meeting was adjourned at 9:20 p.m. Re:0-ctfully sub :e 1 Donna Quintus Recording Secretary icy of 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 Planning Commission Harry Willcox Dennis Wippermann SPECIAL PLANNING COMMISSION MEETING MINUTES JULY 12, 1993 ADStephanMINISTRATOR Jilk Pursuant to due call and notice thereof a Special Meeting of the Planning Commission was duly held on Monday, July 12, 1993 at 6:00 p.m. in the conference room of the City Hall, 2875 145th Street West. Chairperson Busho called the meeting to order with members McDermott, Baago, and Ingram present. Also present was Director of Planning Lisa Freese and Assistant Planner Rick Pearson. Chairperson Busho advised that the purpose of this Special Meeting of the Planning Commission is to establish a schedule to initiate the Implementation Plan as set out in Update 2000: City of Rosemount Comprehensive Guide Plan. Discussion was held on the following: 1) seeding /sodding requirements in new subdivisions; 2) standards for transit design in new residential, multi family, and commercial developments; 3) advantages /disadvantages for increasing residential density from 3 to 2 -1/2 units per acre as a means for increasing lot sizes; 4) the need for upgrading minimum "open space" standards for multiple housing developments; 5) "special use" districts that would allow for the capability for joint uses of specific properties that could be easily be tied in with parks, the armory, or other public uses; 6) tree preservation ordinance; 7) landscaping standards and the need for clarification for alternative plantings /landscaping; 8) revising dimensional standards for the R -3 Zoning for consistency with the comp plan; and 9) site plan review. The Commission agreed to postpone discussion of the proposed stormwater ordinance to allow the city engineer to provide comment and recommendations. The Implementation Plan also addresses issues that will require modifications to the Rosemount Subdivision Ordinance. Discussion included: 1) Registered Land Surveys and mechanisms for requiring City approval for commercial or industrial lot divisions that would require platting; 2) methods that can be implemented for the City to have the authority in determining whether or not a subdivision is premature and a clear ability to deny subdivisions based upon timing; 3) setting up of engineering specifications for design standards and developing of an annual review process; and 4) proposed setbacks for planting strips along railroad and arterial streets, arterial rights -of -way, minor arterials, and collector streets. MOTION by Busho to adjourn. Second by Baago. Ayes: McDermott, Busho, Baago, Ingram. Nays: 0. There being no further business to come before this Commission and by unanimous decision this meeting was adjourned at 9:45 p.m. Respectfully submitted, Donna Quintus Recording Secretary (very1hzng s @oming CUP osemounil! C: recycled paper 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 Planning Commission Sheila e b James (Red) Staats Harry Willcox REGULAR MEETING MINUTES JULY 13, 1993 Dennis Wippermann ADMINISTRATOR Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was sd ?phan Jilk held on Tuesday, July 13, 1993 at 5:00 p.m. Chairperson Busho called the meeting to order with members Baago and Ingram present. Also present was Director of Planning Lisa Freese and Assistant Planner Rick Pearson. Director of Planning Lisa Freese requested that Agenda Item 4. be removed from the July 13, 1993 Agenda as the June 8, 1993 Meeting Minutes had been approved at a previous meeting. MOTION by Baago to approve the May 11, 1993 and the June 22, 1993 Regular Meeting Minutes as presented. Second by Ingram. Ayes: Busho, Baago, Ingram. Nays: 0. Director of Planning Lisa Freese presented an overview of the following recent Council and City Committee actions: 1) A Special Council Meeting has been scheduled for Wednesday, August 18, 1993 at 7:00 p.m. for a presentation by the Downtown Scoping Committee regarding the completion of their work on the Downtown Development Plan. The Planning Commission has been invited to this presentation. 2) The City Council accepted the Western Rosemount Transportation Study that was completed by OSM. This plan will serve as a supplement to Update 2000: City of Rosemount Comprehensive Guide Plan. 3) The National Guard has purchased a 45 -acre tract of property located north of the Chicago Northwestern Rail Line on the west side of Bacardi Avenue for the purpose of constructing a maintenance facility on 15 acres of this site. 3) The preliminary 1994 Operating Budget will be discussed at a Special Meeting scheduled for Monday, July 26, 1993 at 6:30 p.m. The Planning Commission was urged to attend this special meeting to provide comment and input regarding potential future planning projects and appropriate funding for those projects. 4) The Planning Commission was reminded that the Special Meeting for GSM's presentation of the results of the East End Utility Study is scheduled for Monday, July 19, 1993 at 6:30 p.m. Mr. Wayne Hilbert of CNH Architects, Inc. and Mr. Richard Gauger, Metropolitan Mosquito Control District, have requested approval of a site plan for three buildings to be located at their site east of Knutson Services, Inc. and north of 160th Street West in the IG General Industrial District. Discussion included issues surrounding ingress /egress to 160th Street West, landscaping, and aesthetic treatment of the proposed buildings. MOTION by Ingram to approve the site plan as presented by the Metropolitan Mosquito Control District for their site located on 160th Street West subject to: 1) approval of the grading and erosion control plan and the entrance to 160th Street West by the City Engineer; 2) execution of a Maintenance Agreement for the northern third of the site and the prairie landscaping with a stipulation that ordinance consistent foundation plantings will be installed if the prairie landscaping is abandoned or not properly maintained; 3) posting of a security in the amount of $8,700 for landscaping in accordance with Section 8.3 G. of Ordinance B City of Rosemount Zoning Ordinance; 4) modification to the east, north, and west building elevations to achieve conformance with building material standards as required in Section 7.2(4) of Ordinance B City of Rosemount (verylhtngs coming V19 gosemounlii CJ I recycled pane, Regular Planning Commission Meeting July 13, 1993 Page Two Zoning Ordinance; 5) provision of a hazardous materials management plan as required by the City Fire Marshal; and 6) conformance with applicable building and fire codes. Commissioner McDermott arrived at took his seat at the dais at 5:30 p.m. Chairperson Busho recessed the Regular Planning Commission Meeting and opened the Board of Appeals and Adjustments to hold a hearing scheduled for 5:30 p.m. Chairperson Busho opened the Public Hearing to hear public comment on a request for a variance to allow for the construction of a single family home at 14993 Fischer Avenue. The recording secretary had in her possession Affidavits of Publication and Mailed and Posted Hearing Notice. Terry and Diane Gabbert have submitted a petition for a variance to lot provision requirements for lot frontage to a public street right -of -way to allow them to construct a single family dwelling on a five -acre lot located in the AG Agriculture District at 14993 Fischer Avenue. Assistant Planner Rick Pearson requested that the Board continue this Public Hearing to allow the petitioner an opportunity to submit important site data that was not available for staff review prior to this scheduled hearing. Mr. Todd Siewert, Siewert Construction Co., was present in the audience to answer any questions and requested direction from the Board as to what issues they feel need further clarification. Assistant Planner Pearson advised further information is needed regarding existing site conditions, site elevations, validity of current access easements, as well as the condition of the present private roadway. The City's concern is for ensuring safety of the property owner by confirming adequacy of the existing roadway for emergency services, to avoid the potential for flooding of the property and to show how minimum requirements for private services can be met. There were no further comments from the audience. Chairperson Busho closed this Public Hearing at 5:35 p.m. MOTION by Busho to continue the Public Hearing for the variance request of Terry and Diane Gabbert, 14993 Fischer Avenue, to the August 10, 1993 Regular Planning Commission Meeting. Second by Baago. Ayes: Ingram, McDermott, Busho, Baago. Nays: 0. Chairperson Busho opened the Public Hearing to hear public comment on a variance petition submitted by AAA Auto Salvage, Inc. The recording secretary had in her possession Affidavits of Publication and Mailed and Posted Hearing Notice. Mr. Gerald Anderson has petitioned for variances, as well as site plan review, that will allow him to construct an 8,000 sq. ft. metal building on his site located at 2595 160th Street West in the IG General Industrial District without building aesthetic treatments and without landscaping. The 80- foot x 100 -foot structure is intended to be used for cold storage within a fenced perimeter of the salvage yard. The proposed building does not comply with minimum ordinance standards for building materials aesthetics and required landscaping as regulated in Ordinance B City of Rosemount Zoning Ordinance. The auto salvage operation is considered a recycling operation and is regulated by Section 14.9 of the ordinance which requires entire enclosure of the business by a solid wall or fence. Planning staff believes that the existing fence suggests circumstances unique to the Regular Planning Commission Meeting July 13, 1993 Page Three use and that does not generally apply to other General Industrial uses. Also, the proposed building site within the fenced area would generate unacceptable planting conditions and required foundation and typically required foundation plantings would not meet the intent of the ordinance. Gerald and Joan Anderson, AAA Auto Salvage, Inc. owners, were in attendance and answered questions from the Board. Mr. Anderson distributed copies of his plan for augmentation and enhancement of his existing landscaping. There were no other persons present in the audience for comment. It was noted that abutting property owner Knutson Rubbish, Inc. has submitted written endorsement of the variance request. Chairperson Busho closed the Public Hearing at 6:05 p.m. MOTION by Ingram to grant a variance to architectural materials aesthetics standards as specified in Section 7.2 of Ordinance B City of Rosemount Zoning Ordinance as requested by AAA Auto Salvage, Inc., 2595 160th Street West, conditioned on the enhancement of boulevard and front yard landscaping for the site along 160th Street West. Second by Busho. Ayes: McDermott, Busho, Baago, Ingram. Nays: 0. Chairperson Busho closed the Board of Appeals and Adjustments and reopened the regular Planning Commission Meeting at 6:10 p.m. The Commission briefly reviewed the AAA Auto Salvage, Inc. site plan for consistency with all other ordinance requirements. Planning staff recommended approval of the site plan subject to specific conditions. The landscape plan was determined to be adequate for the variance and site plan objectives. The Commission determined that the security requirement could be fulfilled with receipt and warranty documentation. MOTION by Baago to approve the site plan for AAA Auto Salvage, Inc., 2595 160th Street West, for an 8,000 square foot accessory structure subject to: 1) provision of additional landscaping in the boulevard and front yard area per the submitted plan and submittal of warranty documentation to the Planning staff to meet the intent of Section 8.3 G. of City of Rosemount Zoning Ordinance; 2) execution and recording of an Agreement requiring all buildings to be brought into conformance with all 1993 Zoning Ordinance performance standards in the event that the recycling operation use is discontinued with the Dakota County Recorder's Office; and 3) conformance with applicable building and fire codes. Director of Planning Lisa Freese presented an update on recent airport meetings held in June. The Commission had been provided with agendas and meeting minutes of the Governor's Task Force Dual Track Airport Planning Process and a summary of the highlights of those meetings. A Public Informational Meeting will be held on July 22, 1993 and 7:30 p.m. at the Hastings High School. The Commissioners were encouraged to attend. Director of Planning Freese provided a brief update on the status of the Dakota County Physical Development Committee's decision to designate County Road 42 as a principal arterial. Considerable discussion followed regarding the County's recommendation for allowing access to the CMC property and proposed Rosemount Business Park. Regular Planning Commission Meeting July 13, 1993 Page Four Director of Planning Freese advised that the Metropolitan Waste Control Commission (MWCC) has completed a draft evaluation of the interim improvements installed at the Rosemount Waste Water Treatment Plant (WWTP). The study reaffirms the presentation made by the Met Council and MWCC staff at the May 25, 1993 Special Council Meeting. In summary, these improvements have increased the capacity at the plant sufficient to handle our proposed Interim MUSA. The Commissioner's attention was directed toward a tentative schedule for the review of Update 2000: City of Rosemount Comprehensive Guide Plan as provided by Mr. Tom Caswell, Metropolitan Council staff member assigned to complete the review of Rosemount's comprehensive plan. The schedule suggests that the Metropolitan Council may be ready to take action on the comprehensive plan in August. Copies of the Empire Comprehensive Plan had been previously distributed to the Commission for their review and comment. The Planning Commission concurred with issues identified by Planning staff regarding the following: 1) establishment of a "rural center 2) gravel mining; 3) institutional Development (specifically, existing U of M property); 4) clarification of industrial development sites and minimum standards for permitting of specific industrial developments; and 5) annexation policies. MOTION by Busho to direct staff to prepare a letter to the Metropolitan Council regarding the Empire Comprehensive Plan from the Planning Commission and City Council as highlighted in the Planning Reviews for the July 13, 1993 Regular Planning Commission Meeting. Second by Baago. Ayes: Baago, Ingram, McDermott, Busho. Nays: 0. Commissioner Ingram excused herself from the dais at 7:00 p.m. There were to further topics introduced by the Planning Commission or staff for discussion. MOTION by Busho to adjourn. Second by Baago. Ayes: McDermott, Busho, Baago. Nays: 0. There being no further business to come before this Commission and by unanimous decision this meeting was adjourned at 7:05 p.m. Re 'l�• ectfully sub d, ox."..a...) 0 Donna Quintus Recording Secre y IP i1y o g •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 Dennis Wippermann Planning Commission ADMINISTRATOR Stephan Jilk SPECIAL MEETING MINUTES JULY 19, 1993 Pursuant to due call and notice thereof a Special Meeting of the Planning Commission was duly held jointly with the Utility Commission on Monday, July 19, 1993 at 6:30 p.m. in the Council Chambers of the City Hall. Members present were Planning Commission Chairperson Busho and Planning Commission members McDermott and Ingram. Also in attendance were Utilities Commission President Mulhern; Port Authority Chairperson Dunn and Port Authority members Wippermann, Anderson, and Carroll. Staff members present included Director of Planning Lisa Freese, Public Works Director Ron Wasmund, and City Engineer Bud Osmundson. This special meeting was held for the purpose of hearing a presentation by Bonestroo, Rosene, Anderlik and Associates for the Eastern Rosemount Comprehensive Water and Sanitary Sewer Study. Dan Edgerton and Paul Heuer were present from Bonestroo. Paul Heuer explained the district development through Year 2010 on the sanitary sewer study. Estimated cost recovery scenarios were discussed. There was no structured plan at this point. Dan Edgerton explained the development of the water study. He explained that hydrogeological studies need to be performed prior to any drilling of new wells because of previous contamination. The study is approximately 90 complete with the draft presented. The next steps would be to incorporate questions, hold a cost recovery meeting, and have a hydrogeological study completed. There being no further discussion items to come before this Commission and by unanimous decision this meeting was adjourned. Respectfully submitted, Lisa Freese Director of Planning (Dverylhzng s coming VI) gosevnouni. recycled paper (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 James (Red) Staats Planning Commission Harry Willcox Dennis Wippermann REGULAR MEETING MINUTES AUGUST 10, 1993 ADMINISTRATOR Stephan Jilk Mr. Mike Madell, Chief Planner, and Ms. Susan Overson, Planner, for the National Park Service: Mississippi National River and Recreation Area (MNRRA) were in attendance to present an overview of a draft Comprehensive Management Plan /Environmental Impact Statement (EIS) for the Mississippi National River and Recreation Area in Minnesota and the planning process which was executed for these documents. Several issues were identified and a brief summary of how these concerns have been or are proposed to be addressed. Decisions about land use and development would be based on area characteristics and implemented through local plans. Land use decisions should be based on balanced consideration of resource protections, development needs, and visitor use. A partnership would be formed with the City, DNR, and Met Council. Met Council will assist cities in updating plans; the DNR would develop a model ordinance and assist local government adoption and enforcement of ordinances. Some of the goals of this organization are as follows: 1) to continue redevelopment and expansion of corridor businesses; 2) promote tourism; 3) encourage sustainable economic activities that improve the quality of life; 4) encourage a corridor -wide trail and linkages to existing parks; 4) acquisition /development grants; 5) require new development to provide river access; 6) emphasis on pollution prevention; and 7) support existing programs being implemented by MPCA and others. Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on Tuesday, August 10, 1993 at 5:50 p.m. Chairperson Busho called the meeting to order with members Baago and Ingram present. Also present was Director of Planning Lisa Freese and Assistant Planner Rick Pearson. MOTION by Baago to approve the July 12, 1993 Special Meeting Minutes, the July 13, 1993 Regular Meeting Minutes, and the July 19, 1993 Special Meeting Minutes as presented. Second by Busho. Ayes: Busho, Baago, Ingram. Nays: 0. Director of Planning Lisa Freese requested that Agenda Item 10. Agriculture /Nonconforming Use Amendment be removed from the August 10, 1993 and that New Business Item Armory /Community Center Property Rezoning be added to this agenda. Director of Planning Lisa Freese advised that the City had purchased and cleared three parcels adjacent to the National Guard Armory. These properties are to be used for storm water detention. Current zoning of these properties is C -2 Community Commercial. PUB Public is the appropriate zoning for the proposed storm water detention use. MOTION by Baago recommending that City Council set a public hearing for September 7, 1993 at 8:00 p.m., or as soon thereafter as possible, to consider the rezoning of properties associated with the Rosemount National Guard Armory/Community Center. Second by Busho. Ayes: Baago, Ingram, Busho. Nays: 0. (Overylhings eoming `U(p cRosemounl!! C recycled paper Planning Commission Regular Meeting Minutes August 10, 1993 Page Two Ill MOTION by Busho to recommend to City Council approval of the rezoning from C -2 Community Commercial to PUB Public of properties associated with the Rosemount National Guard Armory/Community Center and, further, recommend approval of a lot combination of subject properties. Second by Baago. Ayes: Ingram, Busho, Baago. Nays: 0. Mr. Donald E. Sinnwell, representative for the Rosemount Methodist Church, was in attendance to request site plan approval for an enlargement of the parking lot at the church located at 14770 Canada Avenue. Assistant Planner Rick Pearson advised that parking capacity will be enlarged by approximately 50 spaces. Also, the plan indicates the addition of a detached 2 -car garage on the site. Mr. Sinnwell explained the proposed location of the garage and discussed the parking lot configuration, traffic circulation pattern, ingress /egress, and drainage. Planning staff advised that the site meets minimum zoning ordinance requirements. MOTION by Ingram to approve the site plan as presented for the Rosemount United Methodist Church subject to: 1) locating the garage no closer than thirty (30) feet to any property boundary; 2) replacement of trees or landscaping damaged or lost due to the construction project; 3) "no parking fire zone" must be posted as required by the City Fire Marshal; 4) the parking lot must be striped in accordance with City standards on file with the City Engineer's office; and 5) conformance with all applicable building and fire codes. Second by Baago. Ayes: Busho, Baago, Ingram. Nays: 0. Chairperson Busho recessed the Regular Planning Commission Meeting and opened the Board of Appeals and Adjustments to hold the two hearings scheduled for 6:00 p.m. Chairperson Busho reconvened the Public Hearing continued from July 13, 1993 to hear further public comment on a request for a variance to allow for the construction of a single family home on a lot with no frontage on a public street. The recording secretary had in her possession Affidavits of Publication and Mailed and Posted Hearing Notice. Terry and Diane Gabbert submitted a petition for a variance to lot provision requirements for lot frontage to a public street right -of -way to allow them to construct a single family dwelling on a five -acre lot located in the AG Agriculture District at 14993 Fischer Avenue. The Board of Appeals and Adjustments had continued this Public Hearing to allow the petitioner an opportunity to submit important site data that was not available for staff review prior to the July 13, 1993 scheduled hearing. Assistant Planner Pearson advised that the 5 -acre parcel is zoned AG Agriculture and is situated approximately 1,000 feet away from the nearest public right -of -way with access being provided via a driveway easement that currently serves three existing houses. Mr. Pearson further advised that the topography of the area is the primary concern regarding this property. Storm water runoff from five to eight square miles flows across the northern half of the property creating a potential for flooding. Mr. Pearson also noted that the 1,600 foot long driveway is not built to City standards for a rural local street. City maintenance is not provided as this is considered a private drive and that upgrading the driveway to City standards would be costly and would have to be assessed to the property owners. In 1987 a private agreement was signed by adjacent property owners to share the cost of improvements, grading, plowing, mowing, and general maintenance of the "commonly used road." The easement, as well as the maintenance agreement, have been recorded at the County and the City attorney has confirmed that the easement is a permanent record for each property it traverses. However, since the topographic information submitted for Planning Commission Regular Meeting Minutes August 10, 1993 Page Three review by the City Engineer is not adequate to determine with any certainty whether or not the proposed house and septic system are safe from flooding Planning staff recommends denial of the variance petition. Mr. Terry Gabbert was in attendance and stated that he is willing to work with the City and the Planning Commission. He advised that he will put in a proper culvert to handle the storm water flow and a relocation of his proposed house and septic system is viable. He further stated his belief that the problems regarding the septic system and potential flooding can be circumvented with proper grading and a drainage plan to handle excessive water flow. There were no other persons in the audience for comment. Chairperson Busho closed the public hearing at 6:35 p.m. and opened the discussion to the Board of Appeals and Adjustments. The Board expressed their concerns regarding the City's responsibility to provide proper safety to public should the existing private access easement agreement fail to be implemented or enforceable. The Board also concurred with Planning staff that without additional professional comment and recommendation regarding adequate methods for the prevention of potential flooding of the lot that public health and safety issues may be jeopardized. MOTION by Baago to table action on the variance petition submitted by Terry and Diane Gabbert for property located at 14993 Fisher Avenue (P.I.D. No. 34 03300 010 10) until the following is submitted for review and recommendation: 1) an updated version of the maintenance Agreement for the driveway is executed by the property owners and recorded at the County; 2) relocation of the septic system to reduce the chance of failure related to flooding; 3) recommendation by a qualified professional hydrologist or engineer hired by the applicant to study the watershed effect on the property in order to determine what measures should be taken to protect the residential use from potential flood events; 4) findings of the required study be completed with the construction of the home and septic system; and 5) submittal of a "hold harmless" document to be considered by the City which protects the City from future liability. Second by Busho. Ayes: Busho, Baago, Ingram. Nays: 0. Chairperson Busho opened the Public Hearing at 6:40 p.m. to hear public comment on a variance petition submitted by Raymond E. Rahn. The recording secretary had in her possession Affidavits of Publication and Mailed and Posted Hearing Notice. Mr. Raymond E. Rahn, owner of Rich Valley Golf Course, has petitioned the City for a variance to allow the construction of a 5,400 square foot pole barn on his property located northwest of the golf course. Assistant Planner Rick Pearson advised that Mr. Rahn's property is in the AG Agriculture District and the golf course is considered a legal nonconforming use. The 135' x 40' structure is intended to replace an existing 1,125- square -foot shed and will provide storage for maintenance equipment for the golf course. Currently four accessory buildings totalling approximately 7,900 square feet are currently located on the property. The Zoning Ordinance limits total aggregate total square footage of detached accessory structures for nonagricultural uses in the AG Agriculture Districts east of Akron Avenue to a maximum of 2,400 square feet. The ultimate aggregate total square footage will total approximately 12,200 square feet. This represents about 9,800 square feet over the square footage allowed by ordinance. Planning Commission Regular Meeting Minutes August 10, 1993 Page Four Planning staff recommends denial of the variance petition because it would allow for an expansion of a nonconforming use which is in violation of Section 13 Nonconforming Uses of Ordinance B City of Rosemount Zoning Ordinance and the request does not meet the findings necessary for the granting of a variance as defined in Section 15.2 Findings of Ordinance B City of Rosemount Zoning Ordinance. Mr. Rahn was in attendance and clarified the necessity for the additional square footage which will provide protected storage for all his landscaping equipment which is used for maintenance of the golf course. When questioned, Mr. Rahn stated he was not operating an excavation business and the equipment was neither used or rented for off -site use. Mr. Rahn advised that the additional square footage will also provide security for his equipment as well as enhancement of the site by removing all outside storage of equipment. There were no other comments from the audience. Chairperson Busho closed the public hearing at 7:05 p.m. and opened the subject to Board discussion. The Board of Appeals and Adjustments discussed the option of rezoning this parcel to PUB Public stating this may be a more appropriate way to accommodate the petitioner and would create fewer future complications that may open up the AG Agriculture District to a multiplicity of nonagricultural uses. MOTION by Busho to deny the variance petition submitted by Mr. Raymond E. Rahn to accessory structure standards in Section 7.2 of Ordinance B City of Rosemount Zoning Ordinance for his property located at 3855 145th Street East because the petition does not meet the required fmdings as stated in Section 15.2 G of Ordinance B City of Rosemount Zoning Ordinance. Second by Baago. Ayes: Baago, Busho. Nays: Ingram. Motion passed. MOTION by Busho directing Planning staff to initiate the proceedings for a Rezoning Petition to rezone the property located at 3855 145th Street East from AG Agriculture to PB Public/ Quasi -Public and to draft a zoning ordinance text amendment to permit privately owned golf courses for public use in the PB District and to set up minimum aesthetic performance standards; and, further, to recommend to City Council that a public hearing be scheduled for September 7, 1993 for consideration of these items. Second by Baago. Ayes: Ingram, Busho, Baago. Nays: 0. Planning staff advised Mr. Rahn that he has the option to appeal the Board of Appeals decision to deny his petition to the City Council. Chairperson Busho closed the Board of Appeals and Adjustments and reconvened the August 10, 1993 Regular Planning Commission Meeting at 7:20 p.m. Assistant Planner Rick Pearson summarized his written comments regarding the request from Adventure Zone and Splatball, Inc. for a zoning ordinance text amendment to permit paintball 411 activities within the City of Rosemount. Both uses are considered nonconforming and have been regulated in the past by an annual permit as renewed by the City Council. The Planning Commission directed Planning staff to research the ability to regulate these activities as interim uses (IUP) with current ordinance mechanisms available as a basis for the creation of performance standards and a review process. Planning staff advised that there are very few of Planning Commission Regular Meeting Minutes August 10, 1993 Page Five these uses within the metro area and there are no typical standards for regulation of paintball uses. The Commission concurred that criteria for all Interim Use Permits be uniform and consistent; however, the Commission directed that Planning staff develop a mechanism that would permit modifications under specific circumstances, similar to the required findings for variances, and to present the final draft for Planning Commission review and recommendation at a future meeting. AVR, Inc. Pension Plan Trust has submitted a petition to the City to rezone the property located at 14760 South Robert Trail from C -2 Community Commercial to C -4 General Commercial. The petition does not state the specific reason for the request, however the Planning Department has been contacted by an auto dealer currently located at the Repairs, Inc. facility questioning the appropriateness of his business for this site. Director of Planning Lisa Freese advised that the structure is currently operated as a multi- tenant retail /office building and, according to Dakota County Assessor records, this structure has been utilized for retail, office, and storage since 1980. These uses are permitted in the C -2 District. Because information is still needed regarding property ownership, current uses, and proposed uses, Planning staff has contacted the applicant for clarification of these issues. Director of Planning Freese discussed the history of the zoning of this property noting that the C -2 zoning of the district did not specifically regulating auto related uses prior to 1989. The adoption of Ordinance B in 1989 represents the City's effort to clarify the ordinance by modifying the language of the C -2 District to expressly prohibit auto related uses. In exchange, the C -2 District was specifically designed with relaxed setback and parking standards to 0 accommodate existing older commercial development within the downtown area. Further, the C -3 Highway Service Commercial District was added and designed as a highly specialized district that provides auto related services to passing motorists. Gene Peterson, 129 Hamlet Avenue, Apple Valley and AVR Inc. Pension Plan Trust representative, was in attendance to discuss the rezoning request and his challenge to determine the best use of this property. When looking at the existing auto related uses surrounding this property, Mr. Peterson suggested that relocating Repairs, Inc. to this site would be more appropriate than its current location. Lengthy discussion ensued. Commissioner Ingram requested Planning staff to develop an alternative method for accommodating the request to locate the business on this site for the purpose of retaining an existing business within the City. Commissioners Busho and Baago expressed their reluctance to endorse the Rezoning Petition noting that should this site be completely occupied by one auto related business, as suggested by the petitioner, several other businesses would be displaced. Further, approval of the petition would render the existing structure nonconforming. It was further noted that the Downtown Scoping Committee is meeting this Thursday, August 12, 1993 with City Council and other City commissions and committees to present a final draft of their recommendations for implementing their plan for the downtown area based upon their fmdings of their one -year study of this area of the City. MOTION by Baago recommending to City Council denial of the Rezoning Petition as submitted by AVR Inc. Pension Plan and Trust to rezone property located at 14765 South Robert Trail from C -2 Community Commercial to C -4 General Commercial because: 1) present zoning corresponds with the current utilization of the building; 2) rezoning would render the building nonconforming with regard to setbacks and parking; 3) the site is not conducive to outdoor Planning Commission Regular Meeting Minutes August 10, 1993 Page Six auto sales and equipment rental; and 4) the rezoning would not be consistent with current planning efforts and initiatives. Second by Busho. Ayes: Busho, Baago. Nays: Ingram. Motion passed. MOTION by Busho to request City Council to set a Public Hearing for the AVR Inc. Pension Plan and Trust Rezoning Petition for September 7, 1993 at 8:00 p.m. or as soon thereafter as possible. Second by Baago. Ayes: Baago, Ingram, Busho. Nays: 0. Assistant Planner Rick Pearson discussed in detail a proposed draft ordinance text amendment that would permit cemeteries and mortuary uses in the Public /Quasi Public (PB) District and sets up minimum performance standards for such uses. Should this text amendment be adopted final plat approval would require a security in the form of a performance bond, letter of credit, or other such form as deemed necessary to secure the landscape improvements and perpetual maintenance for the platted portion of the cemetery. Cemeteries would be developed as Planned Unit Developments (PUDs) with each phase requiring site plan review and final plat approval. Director of Planning Lisa Freese advised that City Council has approved the Shannon Pond Phase I Development Contract. Director Freese briefly updated the Commission on the status of Metropolitan Council review of the Rosemount Comprehensive Guide Plan: Update 2000. It was noted that applications are now open for Planning Commissioner for the two open seats on the Planning Commission. Patrick McDermott has accepted employment out -of -state and Kurt Gundacker has submitted his resignation due to personal work schedule. The Commissioners II/ were encouraged to refer potential candidates for these openings. MOTION by Baago to adjourn. Second by Busho. Ayes: Ingram, Busho, Baago. Nays: 0. There being no further business to come before this Commission and by unanimous decision this meeting was adjourned at 9:00 p.m. Re ectfully subm Donna Quintus Recording Secretary icy 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 24, 1993 Dennis Wippermann ADMINISTRATOR Stephan Jilk Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on Tuesday, August 24, 1993 at 5:00 p.m. Chairperson Busho called the meeting to order with members Baago and Ingram present. Also present was Director of Planning Lisa Freese and Assistant Planner Rick Pearson. Action on the August 10, 1993 Regular Meeting Minutes was deferred to the next Planning Commission Meeting. Also, Agenda Item No. 3. Director's Announcements was moved to the end of this meeting's agenda. Assistant Planner Rick Pearson reviewed a draft zoning ordinance text amendment for the permitting and regulating of commercial outdoor recreational uses in the IG General Industrial and AG Agricultural Districts. The ability to authorize modifications to the performance standards would be accomplished by amending the Interim Use Permit (IUP) portion of the zoning ordinance establishing "findings" that support and justify variances. MOTION by Baago to recommend to City Council approval of the Interim Use Permit text amendments relating to commercial outdoor recreation uses in the Agriculture and General Industrial Districts. Second by Busho. Ayes: Busho, Baago, Ingram. Nays: 0. MOTION by Busho to recommend that City Council set a date for a public hearing to hear testimony regarding these amendments at 8:00 p.m. on September 21, 1993. Second by Baago. Ayes: Baago, Ingram, Busho. Nays: 0. Assistant Planner Rick Pearson described for the Commission a draft ordinance text amendment which would allow golf courses to become a permitted use in the Public /Quasi Public (PUB) District with development standards. The Board of Appeals and Adjustments had previously denied a variance request from Mr. Ray Rahn to construct an oversized accessory structure on his property located at 3855 145th Street East. The rationale for the negative decision was due to the golf course being a legal nonconforming use in the AG Agriculture District. As an alternative solution that would permit Mr. Rahn to construct his building, the Planning Commission initiated a rezoning petition to rezone the subject property from Agriculture to Public /Quasi Public and to develop performance and aesthetic criteria for structures similar to the commercial districts. MOTION by Ingram to recommend to City Council adoption of an amendment to the zoning ordinance to rezone the Rich Valley Golf Course property from AG Agriculture to PUB Public /Quasi Public; and, further, an ordinance text amendment identifying golf courses as a permitted use in the Public /Quasi Public District. Second by Busho. Ayes: Ingram, Busho, Baago. Director of Planning Lisa Freese advised that draft Zoning Ordinance Amendment B -30 failed to 4110 obtain the required four fifths (4/5) vote from City Council which is requisite for adoption of an amendment to the zoning ordinance. The primary issue identified by Council was whether or not the recommended setbacks from roadways, pipelines, and railroad tracks; and density standards for S veryihings @oming `v(p cRosemounil! e j recycled parer Regular Planning Commission Meeting Minutes August 24, 1993 Page Two the R -1 District should be imposed on the CMC Heartland Partners' proposed development or should they be exempt from these requirements because of their two -year interest in development of property they own and have purchased within the City. Planning Commission Chair Busho expressed disappointment in Council's failure to recognize the importance of requiring increased structure separation from pipelines. However, in their review, Planning staff noted several elements of the original draft ordinance that do not impact the CMC development and have prepared a revised Zoning Ordinance Text Amendment that remains essentially the same in content as the original in its reference to the following: 1) density requirements for multiple family; 2) minimum lot sizes for the Agriculture District; 3) landscaping in the Industrial District; and 4) defining of planting strips and buffer yards. Resolution of the items at issue will be addressed at a future date, therefore, reference to those elements have been removed from this proposed amendment. MOTION by Busho to recommend that the City Council set a public hearing for Ordinance B -30, as revised and recommended by Planning staff, for September 21, 1993. Second by Ingram. Ayes: Baago, Ingram, Busho. Nays: 0. MOTION by Baago to recommend to City Council approval of Zoning Ordinance Text Amendment No. B -30. Second by Ingram. Ayes: Ingram, Busho, Baago. Nays: 0. Chairperson Busho recessed the Regular Planning Commission Meeting and opened the Board of Appeals and Adjustments to hold the public hearing scheduled for 5 :30 p.m. The recording secretary had in her possession Affidavits of Publication, Mailed, and Posted Hearing Notice. Scott and Christina Peterson have petitioned for a variance to lot requirements to allow them to construct a single family dwelling on a 5.05 -acre lot that has no frontage on a public street right -of- way. This lot is located in the AG Agriculture District, east of Fischer Avenue and within the City of Rosemount. Assistant Planner Pearson explained that Mr. Peterson's request is essentially the same as the Gabbert variance petition for which action was tabled by the Planning Commission on August 10, 1993. The subject parcel is contiguous to the Gabbert property and, in fact, both utilize the same easement (driveway) for access to their properties. Therefore, the same issues regarding flooding potential exist. Assistant Planner Pearson provided overheads demonstrating the elevations and area -wide drainage pattern, including flooding impact on the existing driveway. Mr. Chip Andrews, relative of the petitioner, contended that upon his visual inspection of the property that he doubted that flooding would be a threat to this site. Mr. Jim Unruh, former property owner and current adjacent property owner, Carole Miles, Independent School District 196, and Ms. Terry Gerten, 15007 Fischer Avenue, were in attendance and testified that they had not witnessed any standing water on these properties. Christina Peterson, petitioner, expressed her frustration regarding the several issues that Planning staff identified with regard to their request. Planning staff have directed the petitioner to provide documentation on those issues identified. To date, Ms. Peterson advised that site surveys; percolation data; septic tank location, as well as an alternate septic location; structure locations; proof of authorized and recorded easement for access; and a verbal commitment by all involved property owners to execute and record a maintenance agreement for the common driveway. Ms. Peterson noted that an engineering study had just been completed on both the Gabbert and Peterson properties and she distributed a copy of the results to Planning staff and the Commission for their evaluation. Also distributed were copies of the existing maintenance agreement. Regular Planning Commission Meeting Minutes August 24, 1993 Page Three There were no other comments from the audience. Chairperson Busho closed the public hearing at 6:15 p.m. and called for discussion from the Board of Appeals and Adjustments. After considerable discussion, the Board concurred that the engineering documents that were received at this hearing should be reviewed by City Engineering staff to determine the assumptions and methodology upon which the petitioner's engineering study is based. Other legal documents submitted at this hearing should also be reviewed by the City attorney. MOTION by Ingram to accept the documents and evidence from the petitioner and to forward them to the City Engineer and City Attorney for their review and determination that proper studies have occurred; and, further, that the Board of Appeals and Adjustments table action on the Scott and Christina Peterson Variance Petition to allow appropriate City staff to comment and submit recommendation to the Commission so action can be taken at the September 14, 1993 regular meeting. Second by Busho. Ayes: Baago, Ingram, Busho. Nays: 0. MOTION by Busho that the Board of Appeals and Adjustments will take action on the Variance Petition from Terry and Diane Gabbert at the September 14, 1993 regular meeting. Second by Baago. Ayes: Ingram, Busho, Baago. Nays: 0. Chairperson Busho closed the Board of Appeals and Adjustments and reconvened the August 24, 1993 Regular Planning Commission Meeting at 6:50 p.m. Director of Planning Freese advised that the City has received three application for the two Planning Commissioner vacancies. The Commission discussed whether or not holding Planning Commission meetings at a later time would be more accommodating to the public, as well as potential future commissioners. It was agreed that the meetings would remain at the regular 5:00 p.m. time, but that the Planning Commission Bylaws do allow flexibility for setting public hearings. Planning staff will be sensitive to the needs of applicants with regard to time when setting public hearings to hear public comment. Director of Planning Lisa Freese led discussion of ordinance amendments in reference to decks, site plans, and nonconforming uses. General discussion and the need for additional clarification was held on the following: 1) definitions for decks, gazebos, pool houses, arbors, picnic shelters, and trellises and whether a formula could be developed with criteria to evaluate the aesthetic value and determine whether or not specific structures or decorative landscaping elements could be permitted in the front yard; 2) parking lot development standards, criteria for expansion of existing parking lots, and the ability for the Planning Commission to delegate Planning Department administrative review of specific site plans; and 3) the need to address nonconforming uses by defining routine maintenance and repairs, determining whether a nonconforming structure value should be based on "appraisal" or "market" value, developing ordinance language that would define cumulative value; and what percentage of value should be the threshold for routine maintenance and repairs to IP nonconforming uses. Todd Franz, South Metro Auto Brokers, was in the audience and expressed his belief that "assessed value" would not be a fair measurement of value. Mr. Franz owns an auto related business and multi residential structure at 13942 South Robert Trail. His use of the property is nonconforming. Regular Planning Commission Meeting Minutes August 24, 1993 Page Four Planning staff will draft an ordinance text amendment and incorporate the recommendations of the Planning Commission and bring a draft document back for discussion and endorsement by the Commission. Chair Busho and Planning Commissioner Baago advised that they had attended the Special Council Meeting at which time the Downtown Scoping Committee gave a presentation of the findings of the downtown study. Both expressed their enthusiasm for the study and discussed what the Planning Commission's role will be in administration and regulation of the Scoping Committee's development standards should this document be adopted by City Council. Director of Planning Freese advised that the Metropolitan Council staff final report of the City of Rosemount Comprehensive Guide Plan: Update 2000 will be completed this week. The report will be presented to the Committee as a Whole for formal review on September 9, 1993 with full committee action anticipated on September 16, 1993. MOTION by Baago to adjourn. Second by Ingram. Ayes: Busho, Baago, Ingram. Nays: 0. There being no further business to come before this Commission and by unanimous decision this meeting was adjourned at 8:45 p.m. Rtectfully sub :d, Donna Quintus Recording Secre r. y il y of 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 SEPTEMBER 14, 1993 Dennis Wippermann ADMINISTRATOR Stephan Jilk Director of Planning Lisa Freese administered the Oath of Office to newly appointed Planning Commissioner Mark DeBettignies, 2733 Upper 138th Street West. Mr. DeBettignies will complete the term of Patrick McDermott that expires January 31, 1996. Director of Planning Lisa Freese administered the Oath of Office to newly appointed Planning Commissioner William Droste. Mr. Droste, 13832 Danbury Path, will complete the term of Kurt Gundacker that expires January 31, 1995. The Planning Commissioners and Planning staff introduced themselves and extended a welcome to the new commissioners. Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held Tuesday, September 14, 1993 at 5:00 p.m. Chairperson Busho called the meeting to order with members DeBettignies, Droste, Baago, and Ingram present. Also present was Director of Planning Lisa Freese and Assistant Planner Rick Pearson. Director of Planning Freese requested the September 14, 1993 Planning Commission Agenda be amended by adding the following items: Item 10. New Business: Comprehensive Guide Plan Amendment and Item 11. New Business: Wensmann Homes Development Proposal. Action on the August 10, 1993 and August 24, 1993 Regular Meeting Minutes was deferred to the end of this meeting's agenda. Director Freese advised that City Council approved the rezoning of Rich Valley Golf Course from AG Agriculture to PB Public. Also approved was a zoning ordinance text amendment that will allow public golf courses as a permitted use in the Public District. Ray Rahn, petitioner, withdrew his appeal to the Board of Appeals and Adjustments' denial of his variance petition upon City Council approval of the ordinance text amendment and the rezoning of his property. Other action by Council included the following: 1) approval of the City's rezoning petition to rezone three parcels comprising the storm water detention pond for the Rosemount National Guard Armory /Community Center site. The rezoning of these properties from C -2 Community Commercial to PB Public /Quasi Public is consistent with the Comprehensive Guide Plan Land Use Designation; 2) denial of the Rezoning Petition submitted by AVR, Inc. to rezone its property at 14760 South Robert Trail from C -2 Community Commercial to C -4 General Commercial. City staff was directed to work with the applicant and the adjoining property owners to determine if it would be feasible to attempt a planned unit development approach that would accommodate the proposed use of this property for Repairs, Inc.; and 3) City Council was provided with a presentation of an analysis of the City's current assessment policy compared to other communities by City Engineer Bud Osmundson. A summary sheet of that discussion was furnished to the Planning Commission for their information. 6 verylking s coming `u 4 gosemoun1.. recycled ceder Regular Planning Commission Meeting Minutes September 14, 1993 Page Two Director of Planning Lisa Freese discussed the comments submitted by the Metropolitan Council Committee of the Whole regarding their recommendation for revisions to the City of Rosemount's comp plan update: Update 2000. In summary, Met Council will require the City to submit the following revisions: 1) elimination of the proposed Year 2000 Urban Service Area; and 2) limiting the City's urban service area (MUSA) to the interim MUSA until the City can show greater land demand and can secure more sewer capacity. As a result, the City will be required to revise the land designation and MUSA map. The City will also be mandated to agree to adopt a septic sewer system inspection program. The Commission discussed ideas for displaying and representing the phasing of the MUSA in the comp plan. For the benefit of the new commissioners, Assistant Planner Rick Pearson reviewed the recommendations of the Planning Commission regarding the proposed text amendment to allow commercial outdoor recreational uses in the General Industrial and Agricultural Districts north of STH 55. MOTION by Busho to recommend to City Council approval of the proposed text amendment language regarding outdoor commercial recreation. Second by Baago. Ayes: DeBettignies, Droste, Busho, Baago, Ingram. Nays: 0. Chairperson Busho recessed the Regular Planning Commission Meeting and opened the Board of Appeals and Adjustments to hold a public hearing scheduled at 5:30 p.m. and to continue discussion of the variance petitions submitted by Mr. Scott Peterson and Mr. Terry Gabbert. On Tuesday, August 24, 1993 the Board of Appeals and Adjustments tabled action on the variance requests of Mr. Peterson and Mr. Gabbert pending the results of a study concerning the watershed influencing the subject parcels located just east of Fischer Avenue and both served by private access off Fischer Avenue. Again, for the benefit of the new commissioners, a chronology of events and actions was summarized by Assistant Planner Pearson. Ms. Kim Dimmick, 15001 Fischer Avenue, advised that she is an adjacent property owner. Ms. Dimmick's property is located to the southeast of the two lots in question. Concern was expressed for potential change in water flow if new and larger culverts are placed in the private driveway. Ms. Dimmick advised that her property has been flooded every year and comes close to her home and buildings. A change in the amount of water flow may create larger flooding problems that may impact their buildings. Ms. Dimmick requested the City mandate that a method or strategy is followed to ensure that the larger culverts will not increase the flooding potential for properties to the southeast. Ms. Dimmick presented and narrated a video that exhibited the spring flooding that occurs on her property each spring. Ms. Terry Gerten, 15007 Fischer Avenue, concurred with and validated Ms. Dimmick's presentation. Planning staff addressed the city engineer's recommendation that these variances be considered based upon the applicant's engineering studies. Also, the city attorney has drafted a "hold harmless agreement" and has suggested this document be executed by the City and the petitioners. After a brief recess, Mr. Terry Gabbert stated that they will accept the responsibility for the installation of culverts in the driveway at 15001 Fischer Avenue to relieve any increase in water flow and the potential for flooding of the properties to the southeast. Regular Planning Commission Meeting Minutes September 14, 1993 Page Three III MOTION by Baago to grant a variance to lot provision ordinance standards to Terry Gabbert subject to: 1) adherence to the recommendations provided by the petitioner's qualified consulting engineer for mitigation of flood event impact to the houses, septic systems, and driveway, as well as not increasing the runoff to the downhill properties; and 2) execution of a Hold Harmless Agreement as revised by the City Attorney. Second by Ingram. Ayes: Droste, Busho, Baago, Ingram. Nays: 0. Abstain: DeBettignies. MOTION by Busho to grant a variance to lot provision ordinance standards to Scott Peterson subject to: 1) adherence to the recommendations provided by the petitioner's qualified consulting engineer for mitigation of flood event impact to the houses, septic systems, and driveway, as well as not increasing the runoff to the downhill properties; and 2) execution of a Hold Harmless Agreement as revised by the City Attorney. Second by Ingram. Ayes: Busho, Baago, Ingram, Droste. Nays: 0. Abstain: DeBettignies. Chairperson Busho opened the public hearing to hearing to hold the public hearing scheduled for this evening. The recording secretary had in her possession Affidavits of Publication, Mailed, and Posted Hearing Notice. The Dakota County Parks Department has requested a variance to ordinance standards that require bituminous or concrete paving for all drives and parking areas, excluding single family uses, without sewer. Dakota County wishes to develop a campsite and archery range with aggregate surfacing for all entry drives and parking areas. Mr. Steve Sullivan, Supervisor of Parks Planning and Maintenance for Dakota Parks Department, was present and advised that the County is also requesting site plan review for the Youth Group Campground Facility at Spring Lake Park Reserve concurrently with the variance request. The development proposal includes a Youth Group Campground and an Archery Trail. The Youth Group Campground is an interim use that in the future will be converted to a traditional family camping facility. The Youth Group Campground is an interim use that will be converted to a traditional family camping facility in the future. The development includes a lodge, serviced by well and septic system, and ten woodland campsites. The design philosophy minimizes developmental impact and promotes preservation of natural resources. The parking lots, access roads, and play area are located on flat terrain areas with minimal grading. The development program for the archery trail consists of two looped trails with 34 shooting stations. The design philosophy again reflects sensitive site planning that places the restroom /shelter building in a meadow area. All buildings, outdoor classroom, parking lot, access trails, campsites and shooting stations meet or exceed the accessibility as designed and established by the Department of Interior. Mr. Sullivan stated that the future conversion of the Youth Group Camp to a family campground will be cause for the upgrade of the roadways and parking lots to a bituminous surface. There were no comments from the audience. Chairperson Busho closed the public hearing at this time. Regular Planning Commission Meeting Minutes September 14, 1993 Page Four MOTION by Busho to grant a variance to Section 8.1 L of Ordinance B City of Rosemount Zoning Ordinance for the Spring Lake Park Preserve development subject to the following conditions: 1) paving the entry drive that serves both uses at the time Fahey Avenue or Pine Bend Trail is paved; and 2) paving of the family campground drives and parking area as well as the common entry drive at the time the family campground is developed even if Fahey Avenue and Pine Bend Trail are unpaved at that time. Second by Baago. Ayes: Baago, Ingram, DeBettignies, Droste, Busho. Nays: 0. Chairperson Busho closed the Board of Appeals and Adjustments and reconvened the September 14, 1993 Regular Planning Commission Meeting at 6:50 p.m. MOTION by Busho to approve the site plan for the Spring Lake Park Preserve Youth Group Camp and Archery Trail development subject to: 1) the granting of a variance to Section 8.1 of Ordinance B City of Rosemount Zoning Ordinance; 2) paving the common entrance drive at the time of the upgrading of Pine Bend Trail and /or Fahey Avenue; 3) approval of the grading plan by the City Engineer; and 4) conformance with applicable building and fire codes. Second by Baago. Ayes: Ingram, DeBettignies, Droste, Busho, Baago. Nays: 0. Director Freese advised that, as part of the implementation of the City's Comprehensive Guide Plan, a definition is required for the Business Park designation. The Commission discussed the proposed permitted uses in the Business Park District. It was agreed that this district should be more flexible than the traditional industrial park by allowing some commercial uses suited for a planned development or are complementary to industrial uses. Clarification and expansion of definitions for generic use terms (such as what constitutes light industrial versus light industrial) were recommended. Planning staff was directed to draft the language defining this district for their review at a future meeting. This document should include language that addresses the following: 1) development of Overlay Districts within the Business Park Land Use Designation and identifying the appropriate uses for each sector; 2) development of performance standards for landscaping, building, and parking setbacks unique to each zone; 3) desired building aesthetics; and 4) identification of the Business Park Districts on the Land Use Map. A Special Planning Commission Workshop will be scheduled for in -depth discussion to define uses and performance standards. Commissioner Ingram excused herself from her chair at 7:35 p.m. Mr. Herb Wensmann, Wensmann Realty, has submitted a petition to amend the current City of Rosemount Comprehensive Guide Plan. The amendment would redesignate the land use of approximately 40 acres from Agriculture to Urban Residential. The subject site is located along the southerly side of County Road 42, just east of the Diamond Path Road future alignment and is currently within the MUSA boundary. After discussion the Commission directed Planning staff to initiate the amendment process separately from the total plan revisions in Update 2000. If the approvals of the entire comp plan revisions occur concurrently with the Wensmann proposal, then it would be appropriate to incorporate the Wensmann amendment into the general document. MOTION by Baago to approve the August 10, 1993 Regular Planning Commission Meeting Minutes as presented. Second by Busho. Ayes: DeBettignies, Busho, Baago. Nays: 0. Abstain: Droste. Motion carried. Regular Planning Commission Meeting Minutes September 14, 1993 Page Five IIII MOTION by Busho to approve the August 24, 1993 Regular Planning Commission Meeting Minutes as presented. Second by Baago. Ayes: Baago, Busho, DeBettignies. Nays: 0. Abstain: Droste. Motion carried. Commission Chair Cathy Busho informed the Commission that she has filed for City Council. Two Council seats are available and will be voted upon by the public on November 2, 1993. MOTION by Busho to adjourn. Second by Baago. There being no further business to come before this Commission and by unanimous decision this meeting was adjourned at 8:40 p.m. Re j, ctfully submi r -0 I, L i Donna Quintus Recording Secretary icy 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 SEPTEMBER 28, 1993 Dennis ADMINISTRATOR Stephan Jilk Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on Tuesday, September 28, 1993 at 5:00 p.m. Chairperson Busho called the meeting to order with members Busho, Droste, Baago, and Ingram present. Also present was Director of Planning Lisa Freese and Assistant Planner Rick Pearson. Director of Planning Freese advised that City Council approved the zoning ordinance text amendment regarding public recreational uses in the Agricultural and General Industrial Districts. Action on the proposed text amendments for development standards in the residential districts was tabled. A concern was expressed by Council Members concerning required separation of differing functions (i.e., railroad tracks, major and minor arterials, etc.) with buffer yards and planting strips. City Administrator Stephan Jilk has submitted his resignation effective October 21, 1993. Mr. Jilk has accepted another government management position with the city of Lynden, WA. An interim administrator will be appointed by Council at a Special Meeting scheduled this Saturday morning, October 2. Council will also determine a procedure for the hiring of a replacement for Mr. Jilk. Mr. Herb Wensmann, Wensmann Realty, Inc., is requesting the redesignation of 47 acres of Agricultural land to a combination of Commercial (5 acres) and Urban Residential (42 acres) in the Comprehensive Guide Plan. The site is situated north of Wensmann Second and Fifth Additions, between Diamond Path and Shannon Parkway, south of CSAH 42. Assistant Planner Rick Pearson discussed the history of this specific site when considering land use designation during Comprehensive Guide Plan Workshops. As a result of those workshops the land use was designated Agriculture to provide maximum flexibility to the property owner. The land use concept proposed by Mr. Wensmann for this property is to develop at an average density of six dwelling units per acre. Planning Commission Member DeBettignies arrived at 5:20 p.m. Director of Planning Lisa Freese provided flow figure information noting that the property is located in the MUSA. However, this development would not compete with other projects since the site is within the district that flows to the Empire Waste Water Treatment Plant. Mr. Wensmann provided information regarding the product he is proposing for the site including the aesthetics of both the housing and neighborhood commercial. MOTION by Baago to forward the Comprehensive Guide Plan Amendment petition to City Council for their consideration to designate this land as Urban Residential because this proposal does not have an impact on sewer capacity and is consistent with the current Comprehensive Guide Plan Land Use Designation and, further, that City Council should schedule a public hearing concurrent with the Comprehensive Guide Plan Update 2000 modifications public hearing so that this redesignation can be included in the total Update 2000. Second by Ingram. Ayes: DeBettignies, Droste, Busho, Baago, Ingram. Nays: .Q. C3verylhings coming `(/Cp gosemounl!! recycled oaner Regular Planning Commission Meeting Minutes September 28, 1993 Page Two Director Freese reviewed the draft revisions suggested by the Planning Commission regarding decorative landscaping and easements. Planning staff recommends approval of the amendment as presented. MOTION by Busho to recommend approval of the Zoning Ordinance Text Amendment regarding accessory appendages. Second by Baago. Ayes: Droste, Busho, Baago, Ingram, DeBettignies. Nays: 0. MOTION by Busho to recommend that City Council set a public hearing for October 19, 1993 regarding this amendment. Second by DeBettignies. Ayes: Busho, Baago, Ingram, DeBettignies, Droste. Nays: 0. Planning staff is currently working on a draft ordinance addressing the issues identified by the Commission regarding the Business Park Zoning District. Staff recommends that a Special Planning Commission Workshop be scheduled to discuss this ordinance. MOTION by DeBettignies to set a Special Planning Commission Meeting Workshop for Thursday, October 7, 1993 at 6:00 p.m. in the Council Chambers of Rosemount City Hall for discussion of the Business Park Zoning District proposal. Second by Droste. Ayes: Baago, Ingram, DeBettignies, Droste, Busho. Nays: 0. Director of Planning Lisa Freese provided an update on the status of the City of Rosemount Comprehensive Guide Plan: Update 2000 modifications stating that the goal is to be prepared to hold the Public Hearing at the end of October. Commissioner DeBettignies proposed that the City consider organizing a coalition committee made up of a representative from the City Council, the Port Authority, each City commission /committee, a Rosemount developer, Chamber of Commerce, Jaycees, etc. The purpose of this committee would be to provide ongoing monitoring of Metropolitan Council and Metropolitan Waste Control Commission actions to identify issues related to the City of Rosemount. This committee would provide improved visibility and consistency for representation of the City's interests. The Commissioners concurred that this would be of benefit to the community and directed that Planning staff initiate the formation of such a panel. Planning Commission Chair Busho reported that she had been contacted by the Dakota County Technical College to participate in a review panel for a student project. The assignment is a site analysis for a shopping center project and will be held from noon to 3:00 p.m. Wednesday, September 29. The Technical College has invited members of the Planning Commission, City Council, and staff to be a part of the review panel. MOTION by Busho to adjourn. Second by DeBettignies. There being no further business to come before this Commission and by unanimous decision this meeting was adjourned at 7:45 p.m. Respectfully submitted, 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 Planning Commission Harry Willcox Dennis Wippermann SPECIAL MEETING WORKSHOP MINUTES OCTOBER 7, 1993 ADMINISTRATOR Stephan Jilk Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on Tuesday, October 7, 1993 at 6:00 p.m. Chairperson Busho called the meeting to order with members DeBettignies, Droste, Baago, and Ingram present. Also present was Director of Planning Lisa Freese, Assistant Planner Rick Pearson, and Economic Development Coordinator John Miller. Director of Planning Lisa Freese announced that this special workshop is being held to review the draft proposal for defining Business Park in the Comprehensive Guide Plan. Planning Commission Chair Busho recessed the meeting at this time to allow Planning staff the opportunity to take the Commission members on a tour of Rosemount. The tour will consist of a visit to each site currently designated as Business Park in the proposed comp plan. Chair Busho reconvened the Special Meeting Workshop at 7:00 p.m. Lengthy discussion followed with participation from several property owners and developers present in the audience. Concepts of what a business park should be and whether to allow some commercial uses was discussed. The Commission reviewed draft text created by Planning staff. Discussion consisted of the following: 1) appropriate permitted uses; 2) performance standards for landscaping, building, and parking setbacks; 3) level of building materials requirements that should be required in the Business District; and 4) the timing for rezoning of current Industrial Park properties to Business Park. MOTION by Busho to adjourn. Second by Baago. There being no further business to come before this Commission and by unanimous decision this meeting was adjourned at 9:20 p.m. R- ectfully submit d, /4 onna Quintus Recording Secretary S' veryihing s coming (Up gosemounlil recYCled paper e E _M CITY HALL CITY OF ROSEMOUNT 2875 145th street West r y' s e a P.0. Box 510 Rosemount, MN Everything's Comin U Rosemount!! Coming Up 55068-0510 sg Planning Commission Phone: 612 423 4411 as REGULAR MEETING MINUTES OCTOBER 12, 1993 Fax: 612-423-5203 Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on Tuesday, October 12, 1993 at 5:00 p.m. Chairperson Busho called the meeting to order with members DeBettignies, Droste, Baago, and Ingram present. Also present was Director of Planning Lisa Freese and Assistant Planner Rick Pearson. Director of Planning Lisa Freese advised that Council Member Sheila Klassen, Chairperson for the Minnesota Valley Transit Authority (MVTA), announced that the MVTA has implemented bus service to the Dakota County Technical College. In response to several requests from the college the MVTA has agreed to set up an 18 -month pilot program which will be then analyzed to show cost effectiveness of providing this service. Other Council actions include: 1) scheduling of a public hearing on October 19, 1993 regarding the proposed zoning text amendment for accessory appendages; 2) Council approval of the issuance of $580,000 General Obligation bonds for the purchase of the Abbott property for the proposed Rosemount Business Park; and 3) approval of plans and specifications for the Erickson Community Square Amphitheater and authorization to accept bids for the project. Director of Planning Freese announced that the Special Meeting for the Comprehensive Guide Plan has been rescheduled to Thursday, October 21, 1993. After the public hearing is held for Update 2000, this document will be forwarded to Metropolitan Council for their formal review and approval. MOTION by Busho to set a Special Planning Commission Meeting to be held concurrently with City Council for the purpose of accepting the City of Rosemount Comprehensive Guide Plan: Update 2000 and to set a public hearing. Second by Baago. Ayes: DeBettignies, Droste, Busho, Baago, Ingram. Nays: 0. Ms. Freese announced that City staff is hosting a Farewell Reception for City Administrator Stephan Jilk. An invitation is extended to all the Planning Commissioners to attend this reception to be held on Wednesday, October 20, 1993 between 4:00 p.m. and 6:00 p.m. The City Council scheduled a public hearing on October 19, 1993 regarding the Comprehensive Guide Plan Amendment requested from Wensmann Realty, Inc. This amendment consists of the redesignation of land use for a 47 -acre site located south of County Road 42, between Diamond Path and Shannon Parkway, from Agricultural to Urban Residential to accommodate their proposal for a combination of residential and commercial development. Council raised several questions regarding the location of the commercial element of the proposal and the criteria that was used to substantiate the proposed commercial area. Planning staff discussed the intended commercial use of this property designated to serve the limited needs of the immediate and peripheral neighborhoods as a convenience stop. Assistant Planner provided clarification of the several planning criteria considered which contributed to Planning staff's recommendation for approval. Elements analyzed included: 1) street locations; 2) existing power line locations; and 3) opportunities to require transition zones to less intensive development (i.e., offices) near existing residential development to the south and west of Shannon Parkway. Printed on recycled paper S 3O.$ containing 30% post consumer materials. Regular Planning Commission Meeting Minutes October 12, 1993 Page Two City Council has chosen to hold a separate public hearing rather than considering the Wensmann Guide Plan Amendment request simultaneously with the public hearing for Update 2000 modification. However, this amendment, if approved, will be submitted as part of the updated guide plan to the Metropolitan Council for formal review. MOTION by Busho that the Planning Commission, upon hearing Planning staff's rationale and justification for their recommendation, reaffirms their support for Planning staff endorsement that the northwestern corner of the 47 -acre Wensmann Realty, Inc. site is the most appropriate location for the convenience commercial element of the Wensmann Realty, Inc. mixed use proposal. Second by Ingram. Ayes: Droste, Busho, Baago, Ingram, DeBettignies. Nays: 0. Assistant Planner Rick Pearson discussed a draft text amendment that will replace Industrial Park with a Business Park Zoning District in the zoning ordinance. Planning staff was instructed to design a zoning ordinance text amendment that would provide flexibility for a diversity of land uses within the Business Park District and to develop performance standards unique to each zone based upon "use characteristics" and "property features". As 'directed by the Commission at their Special Meeting on October 7th, Planning staff has developed "overlay" areas that combine all current Planned Industrial (I -P) permitted uses with a majority of current General Commercial (C -4) permitted uses. The "overlay" areas will be defined within the district and will have specific performance standards based upon adjacent residential districts, access or exposure to major and minor arterial streets, and proximity to general industrial uses. The Planning Commission discussed the proposed amendment and made recommendations regarding outside storage, expanded definition and clarification of industrial uses, and further refinement of definitions of permitted uses and performance standards for each "overlay" district. MOTION by DeBettignies to direct Planning staff to proceed with expanding the proposed text amendment for the Business Park Zoning District and to present them for further review by the Planning Commission at a future date. Second by Droste. Ayes: Busho, Baago, Ingram, DeBettignies, Droste. Nays: 0. Carlson Properties of Rosemount, Inc. has requested consideration of a comprehensive guide plan amendment to redesignate Lots 4, 5, and 6, Block 3, South Rose Park Addition Replat from its existing designation as urban residential to commercial. The proposed comp plan designates this area as Business Park. In reviewing the proposal, the Planning Commission identified and discussed the key issues including the following: 1) current and proposed zoning; 2) Comprehensive Guide Plan: Update 2000 proposed Business Park land use designation versus Minor Guide Plan Amendment to existing comp plan for redesignation of land use from residential to commercial; and 3) transportation /traffic elements. Carlson Properties of Rosemount, property owners, Guetschoff, Inc., theater developer, and Tom Heiberg, Land'Sake, Inc., representative for both the property owner and the developer, were in attendance and answered several questions from the Planning Commission and Planning staff. Mr. Heiberg expressed the developer's preference to use the Minor Comprehensive Guide Plan Amendment process to accommodate a proposed timetable for development of the site. Mr. Heiberg also expressed the property owner's concerns whether or not Carrousel Way and Chippendale Avenue provide adequate ingress /egress to the site. In response to Commission concerns, the property owner's and developer indicated their acceptance of Planning staff's recommendation and, further, stated their willingness to work with MnDOT and the City for consensus on access /traffic Regular Planning Commission Meeting Minutes October 12, 1993 Page Three issues. They stated they are not interested in pursuing the closing of Canada Avenue, as would be required by MnDOT should an additional access be requested to the theater site from Highway 3. The Commission agreed to endorse proceeding with the Minor Guide Plan Amendment process to aid the property owner and developer in the expedition of the project. The Commission also agreed that this land use concept also be included in the proposed Comprehensive Guide Plan: Update 2000 in concurrence with the Minor Plan Amendment submittal so that the proposed Update 2000 will be consistent with this amendment request. MOTION by Busho to recommend approval of a Minor Comprehensive Guide Plan Amendment in the current comp plan to redesignate the portion of Lots 4, 5, and 6, South Rose Park Addition Replat that encompasses the proposed theater site land use designation from urban residential to commercial. Second by Droste. Ayes: Baago, Ingram, DeBettignies, Droste, Busho. Nays: 0. MOTION by Busho to recommend denial of the change in the transportation element of the comprehensive plan because of the following: 1) the collector street would require the closure of Canada Avenue; 2) the collector street location would cause safety concerns; 3) the collector street access to Chippendale Avenue is inconsistent with the City's street spacing policies and subdivision ordinance. Second by Baago. Ayes: Ingram, DeBettignies, Droste, Busho, Baago. Nays: 0. MOTION by Busho to recommend approval of the adjustment of the Rosemount Waste Water Treatment Plant Boundary to encompass approximately the north half of the existing Lots 4, 5, and 6. Second by Droste. Ayes: DeBettignies, Droste, Busho, Baago, Ingram. Nays: 0. MOTION by Busho to recommend that City Council schedule a public hearing regarding the Minor Comprehensive Guide Plan Amendment petition as submitted by Carlson Properties of Rosemount, for November 2, 1993 at 8:00 p.m. Second by DeBettignies. Ayes: Droste, Busho, Baago, Ingram, DeBettignies. Nays: 0. Director of Planning Lisa Freese advised that in August 1993 the Rosemount Downtown Scoping Committee presented their Downtown Scoping Document to the City Council for formal action. The City Council accepted, but did not adopt the final report. At that meeting, the City Council directed City staff and City committees and commissions to review the document and respond with an outline of assigned tasks and strategies for implementation of the policies recommended in the report. After considerable discussion, the Planning Commission concurred that it would be more procedurally appropriate for City Council to refer the document to the Planning Commission for review and suggestions regarding the content and policies of the document to determine consistency or incompatibility with current adopted City ordinances, policies, and the comp plan. It would also be appropriate for the Planning Commission to identify what they feel its' role should be in implementing the policies in the Downtown Scoping Report. Planning staff noted that Council will be informed of the Planning Commission's wishes and that this will be placed on a future Planning Commission Agenda for formal review and recommendation. Upon formal adoption of the document, the Commission will identify the responsibilities in implementing the adopted policies. The Commission directed Planning staff to draft a proposal for Planning Commission review requesting City Council establish a subcommittee consisting of a cross section of members, including City administration staff; planning staff; one representative from each City commission /committee; an existing or potential major developer; an established business /commercial property owner; and a resident. This subcommittee would be formed for the purpose of monitoring activities of the Regular Planning Commission Meeting Minutes October 12, 1993 Page Four Metropolitan Council regarding MUSA, Metropolitan Waste Control Commission regarding Rosemount Treatment Plant Upgrade progress, and any other metropolitan, county, state, or federal agency whose actions and recommendations on issues directly or indirectly affect the City of Rosemount. MOTION by Droste to adjourn. Second by Busho. There being no further business to come before this Commission and by unanimous decision this meeting was adjourned at 8:35 p.m. Res ectfully sub `tted, I Donna Quintus Recording Secretary II/ CITY OF ROSEMOUNT CITY HALL 2875 -145th Street West 0 P.O. Box 510 MN 9a Ever thin s Comin U Rosemount! Rosemount, 0 y g g p 55068 -0510 Planning Commission Phone: 612 423 4411 Fax: 612-423-5203 REGULAR MEETING MINUTES OCTOBER 26, 1993 Former Planning Commissioners Al Meyer and Sheila Hathaway were in attendance for a reception to receive formal recognition for their years of service on the Planning Commission. Director of Planning Lisa Freese presented each with a plaque and thanked them for their investment of time and their contribution as Planning Commissioners for the City of Rosemount. Several City staff members were also in attendance to extend their appreciation. Former Commissioner Gundacker was unable to attend this reception, however, a plaque has been mailed to his home extending the City's appreciation of his time and service as commissioner for the City of Rosemount. Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on Tuesday, October 26, 1993 at 5:25 p.m. Chairperson Busho called the meeting to order with members DeBettignies, Droste, Baago, and Ingram present. Also present was Director of Planning Lisa Freese and Assistant Planner Rick Pearson. Former Commissioner Meyer was also in attendance for the regular meeting. Chairperson Busho recessed the Regular Planning Commission Meeting and opened the Board of Appeals and Adjustments to hold a public hearing scheduled at 5:30 p.m. The recording secretary had in her possession Affidavits of Publication, Mailed, and Posted Hearing Notice. Mr. Wayne Nickson, 14293 Crofton Court, has requested a variance to construct a six -foot high privacy fence on a double frontage lot along 143rd Street in the Shannon Hills 3rd Addition. The Zoning Ordinance allows six -foot high fences in side and rear yards only. Front yards are limited to a 42 -inch maximum height. Mr. Nickson's property has double frontage as well as being a corner lot. The Zoning Ordinance would view all three street sides as front yards, therefore restricting fence height to 42 inches. The Board discussed the unique features of the property and acknowledged some hardship of the property. However, discussion was concentrated on the impact of a variance as a visual barrier inconsistent with the front yard character of the surrounding properties. Various ways of mitigating the visual impact were discussed. Mr. Nickson stated his reasons for wanting a six -foot high solid fence were to keep his pets contained within his backyard and to provide privacy in his backyard. There were no other comments from the audience. Chairperson Busho closed the public hearing at 6:25 p.m. MOTION by Baago to grant a variance to allow the construction of a six -foot high fence on the street side yard along 143rd Street at 14293 Crofton Court, legally described as Lot 9, Block 2, Shannon Hills 3rd Addition, because of the unique physical characteristics of the lot and positioning of the existing house, with the condition that the fence material be chain link to reduce negative impact to the neighborhood. Second by Droste. Printed on recycled paper S 90 containing 30 0 post Consumer materials. Regular Planning Commission Meeting Minutes October 26, 1993 Page Two III Boardmember Ingram stated her opinion that Mr. Nickson was entitled to privacy in his back yard like other homes within the area. In further discussion, the Board suggested that Mr. Nickson may wish to construct a combination 42 -inch solid wall fence with chain link along the top or blend decorative privacy landscaping along the chain link fence that would ultimately provide back yard seclusion at full growth. A Vote on the MOTION was called. Ayes: DeBettignies, Droste, Busho, Baago, Ingram. Nays: 0. Chairperson Busho closed the Board of Appeals and Adjustments and reconvened the October 26, 1993 Regular Planning Commission Meeting at 6:30 p.m. MOTION by Busho to approve the minutes of the September 14, 1993 and September 28, 1993 Regular Planning Commission Meetings and to approve the minutes of the October 7, 1993 Planning Commission Special Workshop Meeting as presented. Second by DeBettignies. Ayes: Droste, Busho, Baago, Ingram, DeBettignies. Nays: 0. Director of Planning Lisa Freese advised that City Council approved the Zoning Ordinance Text Amendment for "Accessory Appendages" with one minor change that provides for further clarification of antennae when connected to rooftops. The City Council also set a public hearing on November 2, 1993 for the Comprehensive Guide Plan Amendment proposed by Carlson Properties of Rosemount /GTI for a redesignation of land use from High Density Residential to Commercial. As a result of public testimony, the City Council directed Planning staff to revise the resolution for the Wensmann Properties, Inc. request for a residential /commercial mixed use development that eliminates commercial uses on the property and redesignates land use for the whole parcel from Agricultural to Urban Residential. The comp plan public hearing is scheduled for November 9, 1993. Director of Planning Freese provided an overview of the recommendations of the Highway 52 Study. This study was conducted by SEH, in a joint request by the Cities of Rosemount and Inver Grove Heights, the Minnesota Highway Department (MnDOT), and Koch Refining Co., for a functional analysis of the Highway 52 area. The Study makes specific recommendations regarding highway access, future interchanges, and other traffic control strategies. The Study must be adopted by the City and incorporated into the Comprehensive Guide Plan: Update 2000 by reference. Ms. Freese advised that copies of the Study will be distributed to the Planning Commission prior to the next regular meeting for formal recommendation from the Planning Commission to City Council. The Planning Commission reviewed general recommendations and identified those recommendations that the Planning Commission could or should be responsible for with regard to the Downtown Scoping Committee Document. The Commission discussed the merits of a joint meeting with the Downtown Scoping Committee for clarification of the policies and wherein lies the responsibilities for enforcement of the final document. The Commissioners stated their support for the concept of Downtown Planning, however, further clarification and definition is needed. A joint workshop with the Scoping Committee could accomplish this goal, however, the Commissioners stated hesitation to put forth their efforts for drafting of new ordinances that support this document without a 4111 commitment from City Council to adopt the Plan. It was suggested that City Council may wish to establish a "conference" committee to make this document executable and then forward the document back to the Planning Commission for implementation recommendations. Director of Regular Planning Commission Meeting Minutes October 26, 1993 Page Two III Planning Freese advised that Planning staff will prepare a letter and a resolution to be adopted by the Planning Commission to City Council expressing Planning Commission concerns regarding the workability of this document that has not been formally adopted by Council. Director of Planning Lisa Freese discussed the importance for Rosemount to closely monitor the Metropolitan Waste Control Commission (MWCC) Centralization /Decentralization Study, the MWCC Rosemount Waste Water Treatment Plant (WWTP) Study, and the Metropolitan Development Investment Framework (MDIF) plan which addresses the Metropolitan Urban Service Area (MUSA) boundary on a regional basis. The timing of all three studies are tied together and it is possible for the MWCC Centralization /Decentralization Study and the MDIF to have an impact on the alternative that is selected for the Rosemount WWTP. The Commission shared Planning staff's concern that delays in providing additional treatment capacity for the Rosemount WWTP service area are being justified by these ongoing planning efforts. Discussion centered on the Commission's support for the establishment of a task force for consistent and ongoing monitoring of these regional studies and the make -up and responsibilities for the committee. The members of the task force should be encouraged to become informed on the topic and develop a speaker's bureau to go before the Metropolitan Council and MWCC to lobby on behalf of the City. MOTION by Ingram to recommend to City Council the establishment of an ad hoc task force made up of ten members for the purpose of becoming more knowledgeable of MUSA and sewer capacity issues and monitoring of the MWCC Centralization /Decentralization Study, MWCC Rosemount WWTP Study, and MDIF and to be developed as outlined in the Director of Planning's outline dated October 22, 1993. Second by Baago. Ayes: Busho, Baago, Ingram, DeBettignies, Droste. Nays: 0. The Commissioner's extended their congratulations and wished Lisa Freese good luck in her new position in Roseville, MN which she will begin on November 1, 1993. The Commissioner's also wished Planning Commission Chair Cathy Busho good luck in her bid for a City Council seat in the election to be held next week. MOTION by DeBettignies to adjourn. Second by Baago. There being no further business to come before this Commission and by unanimous decision this meeting was adjourned at 8:00 p.m. Re tfully sub I /Si 8 Donna Quintus Recording Secr- EB' CITY OF ROSEMOU NT 2875- ;T t "Aee tWest P.O. Box 510 Everything's Comm U Rosemount!! Rosemount, 55 Coming Up 55068 -0510 0 Planning Commission Phone: 612 423 -4411 Fax: 612 -423 -5203 REGULAR MEETING MINUTES NOVEMBER 9, 1993 Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on Tuesday, November 9, 1993 at 5:00 p.m. Chairperson Busho called the meeting to order with members Droste and Baago present. Also present was Interim City Administrator Ron Wasmund, Assistant Planner Rick Pearson, City Engineer Bud Osmundson, Economic Development Coordinator John Miller and Rosemount Port Authority Chair Edmund Dunn. The agenda was amended to include: SEH Presentation Highway 52 Corridor Study. Assistant Planner Rick Pearson discussed the interim staffing recommendations for the Planning Department that were approved by City Council. Former Planning Director Lisa Freese will be retained on an hourly basis for completion of Comprehensive Guide Plan: Update 2000. Interim Administrator Ron Wasmund and the present Planning staff have been authorized to negotiate with SEH for planning consultant services for coordination of planning projects and assignment of planning project activities. The Commission was reminded of the Special City Council /Planning Commission Joint Meeting scheduled for 7:00 p.m. this same evening for the purpose of holding a public hearing for formal approval of the Comprehensive Guide Plan: Update 2000. Assistant Planner Pearson also advised that the Metropolitan Airports Commission (MAC) has scheduled a public hearing for the Alternative Environmental Document (AED) prepared for the new site selection process. The hearing is scheduled for 7:00 p.m. at the Hastings Senior High Auditorium. The Metropolitan Waste Control Commission (MWCC) has provided a Rosemount Waste Water Treatment Plant (WWTP) Expansion project schedule. This new schedule differs from the original project schedule and extends the completion two years longer than previous forecasts. Discussion ensued regarding the importance of a City Coalition Committee that would monitor and effect an organized lobby effort to Met Council and the MWCC to assure current schedule adherence or expedite the project in response to development pressures the City faces and assurance of uninterrupted waste water treatment services to the City. Rosemount business property owner Rick Behrens was in the audience and offered to serve on a "Coalition Committee" when one is organized. Commissioners DeBettignies and Ingram took their chairs on the dais at 5:10 p.m. In 1992, a Task Force, consisting of representatives from the cities of Inver Grove Heights and Rosemount, Dakota County, MnDOT, and Koch Refining Company was organized to examine the land use development phasing and roadway improvement staging issues. The Corridor Study, prepared by SEH, was initiated by the US -52 Task Force to address existing safety and operational concerns and to determine how interim improvements could be consistent with long term needs within the corridor. Robert Byers, P.E., Short Elliot Hendrickson (SEH), presented a completed Highway 52 Corridor Study and discussed its findings and recommendations. The report presents long term (20 year) and short term (5 year) roadway improvement strategies for the corridor. The limits of 4 1 Printed on recycled paper 30 containing 30% Mil post consumer materials. Regular Planning Commission Meeting Minutes November 9, 1993 Page Two the corridor are defined as extending from US -56 (Concord Avenue) on the north, to the northern city limits of the City of Coates on the south. The corridor width was set to approximately one mile either side of US -52. Mr. Byers discussed the details regarding the immediate improvements recommended to address the safety and operational concerns until the short and long term improvements can be implemented. A cooperative agreement is currently being negotiated between the two cities and MnDOT for the signalization of the Highway 52/117th Street intersection. This project includes the extension of the west frontage road in front of Koch Refining Company to 117th Street, roadway widening for turn lanes on 117th Street, closure of two cross -overs on US -52, and the addition of a southbound acceleration lane from the south frontage road entrance at Koch Refining Company. The implementation process for the recommended immediate and long term improvements requires the support of the corridor plan by the Cities, County and Mn /DOT and inclusion of the plan as part of their review processes of future development proposals and land use designation changes within the corridor. MOTION by Busho to accept and approve the TRUNK HIGHWAY 52 CORRIDOR STUDY and to recommend that City Council adopt this study and authorize incorporation of this document into COMPREHENSIVE GUIDE PLAN: UPDATE 2000; and, further, to recommend approval of a resolution to enter into a cooperative agreement with MnDOT for immediate improvements. Second by Droste. Ayes: DeBettignies, Droste, Busho, Baago, Ingram. Nays: 0. Assistant Planner Rick Pearson reviewed the Business Park Text Amendment and the concept for "overlay" zones to address differing permitted uses within the proposed Business Park District. The Planning Commission had recommended further definition and regulation of "manufacturing" uses to ensure that negative aspects of typical general industrial uses would not impact the Business Park. The suggested ordinance includes added definitions for light and general manufacturing; delineation of "overlay" districts (B -1, B -2, B -3, and B-4); further clarification of permitted uses within each "overlay" district; and required performance standards and aesthetic building treatment. Landscaping criteria are the same for all "overlay" districts. MOTION by Baago to recommend forwarding the Business Park Standards Text Amendment to City Council in ordinance form for consideration. Second by Ingram. Ayes: Droste, Busho, Baago, Ingram, DeBettignies. MOTION by DeBettignies to recommend to City Council the scheduling of a public hearing to hear public testimony in consideration of the Business Park District Zoning Ordinance Text Amendment. Second by Baago. Ayes: Busho, Baago, Ingram, DeBettignies, Droste. Nays: 0. Chairperson Busho recessed the Regular Planning Commission Meeting and opened the Board of Appeals and Adjustments to hold a public hearing scheduled for 5:30 p.m. The recording secretary had in her possession Affidavits of Publication, Mailed, and Posted Hearing Notice. Mr. James F. Atwood, 3190 145th Street West, has submitted a Variance Petition in order that he may remove an existing "bus barn" on his property located at the southeast corner of 145th Street and Canada Avenue, and to replace it with a residential detached garage. The "bus barn" is nonconforming in nonconforming in three setbacks. The new garage would require a 23 -foot Regular Planning Commission Meeting Minutes November 9, 1993 Page Three street -side variance and a 6.75 rear yard variance, if approved according to Mr. Atwood's request. Assistant Planner Pearson discussed the restrictions of the undersized 55 -foot wide corner lot and the positive effect removal of the deteriorated "bus barn" would have on the neighborhood. Planning staff also recognized that the variance request reduces the existing structure nonconforming setbacks. Several alternatives were explored by Planning staff resulting in a recommendation that would require only one five -foot street side variance. This compromise would result in a useable back yard, preservation of two trees, and the presence of the garage, including RV storage in the rear yard, would be minimized relative to the front yards along Canada Avenue. Mr. Atwood discussed the reasons for his request and submitted letters from neighbors supporting his variance request. Several plan drawings were examined and discussed. The Board discussed the unique features of the property and acknowledged some hardship of the property. However, without benefit of a Certificate of Survey for detailed review, the Board expressed confusion in actual location of property boundaries, sidewalk location, and street easements related to the variance request. There was no others present in the audience for testimony regarding this variance petition. Chairperson Busho closed the public hearing at 6:05 p.m. The Board of Appeals and Adjustments expressed support of a variance noting that hardship of the property had been demonstrated. However, the Board concurred that it was their obligation to decrease a variance request if at all possible to reduce further neighborhood impact. Board Member DeBettignies stated his opinion that he could not make an objective judgement on the request without benefit of a survey or more detailed site data. MOTION by Baago to grant a street side yard variance for 3190 145th Street West, legally described as PID No. 34- 03800 010 -08, conditioned on the proposed 28 -foot by 24 -foot detached garage be located five feet from the east property line and 25 feet north of the south property line. Second by Droste. Ayes: Baago, Ingram, Droste, Busho. Nays: DeBettignies. Chairperson Busho closed the Board of Appeals and Adjustments and reconvened the November 9, 1993 Regular Planning Commission Meeting at 6:20 p.m. The City of Rosemount Port Authority has requested preliminary plat approval for an 80 -acre parcel situated at the southeast intersection of CSAH 42 /STH 3. Assistant Planner Rick Pearson discussed the plat design for the proposed Rosemount Business Park. The preliminary plat consists of five lots ranging from 5.7 acres to 15 acres that could be further subdivided into lots ranging in size from two to three acres. Phase IA represents the first lot that would be processed for final plat to accommodate the Muller Family theater proposal. City Engineer Bud Osmundson presented an overview of access issues, proposed internal traffic configurations, and drainage and utility easements. Park dedication would be in the form of cash in lieu of land and a requirement for sidewalk installation as recommended by the Parks and Recreation Committee. Regular Planning Commission Meeting Minutes November 9, 1993 Page Four MOTION by Ingram to recommend to City Council approval of the Rosemount Business park preliminary plat for the northern 80 acres in the Rosemount Business Park subject to: 1) removal of all reference to setbacks in the notes; 2) minimum ten -foot wide drainage and utility easements; 3) collection of Park Dedication at the time of final plat at the amount established by resolution; 4) installation of sidewalks on either side of the north entrance drive to the specifications of the Public Works Director; 5) shortening of the cul -de -sac indicated along the westerly property line to the maximum ordinance length of 700 feet; 6) no development may occur on any outlot; and 7) required installation of 90 -foot minimum diameter temporary cul-de- sacs at all roadway terminations. Second by Busho. Ayes: Ingram, DeBettignies, Droste, Busho, Baago. Nays: 0. MOTION by Ingram to recommend that City Council set a date for a public hearing to hear testimony for the consideration and approval of the Rosemount Business Park preliminary plat. Second by DeBettignies. Ayes: DeBettignies, Droste, Busho, Baago, Ingram. Nays: 0. Carlson Properties, Inc. has submitted a preliminary plat for Carrousel Plaza South. This plat consists of 17 acres located between STH 3, Chippendale Avenue, Carrousel Way, and Wachter Pond. The plat consists of one 8.7 -acre lot intended for sale to GTI Theaters and an undeveloped 8.3 -acre outlot. Current zoning of this property is R -3 Multiple Family Residential. The lot to be developed with a movie theater will require a rezoning to C -4 General Commercial. The plat is consistent with ordinance requirements and a Comprehensive Guide Plan Amendment to redesignate the proposed Lot 1 of Carrousel Plaza South from to Commercial has been submitted to Met Council for approval. The land use is also consistent with proposed Comp Plan Update 2000. Lengthy discussion ensued regarding traffic and residential neighborhood impacts resulting from commercial uses. MOTION by Baago to recommend to City Council approval of the Carrousel Plaza South preliminary plat subject to: 1) easements for drainage and utilities, as required and approved by the city engineer, must be defined on both the lot and outlot for existing and future storm water conveyance and infrastructure; 2) extension of the existing storm drain system at the southwest area of Lot 1 to a National Urban Runoff Policy (NURP) pond; 3) construction of a NURP pond designed to accommodate runoff from the extended pipe referred to above, the pipe on the eastern edge of the property; and Lot 1, Block 1 in accordance with mandated Metropolitan Council Polices; 4) dedication of land for ponding areas at or below existing elevations of 929.5, or regrading to maintain an equivalent volume of storm water storage capacity; 5) no public or private streets or driveways are to be constructed on the outlot; 6) no development can occur on the outlot until it is platted into lot(s); 7) the existing barn and silos must be removed from the outlot; and 8) park dedication will be required in the form of cash for the lot, in accordance with the rate established by resolution for commercial uses. Second by DeBettignies. Ayes: Droste, Busho, Baago, Ingram, DeBettignies. Nays: 0. MOTION by Baago to recommend that City Council set a date for a public hearing to hear testimony for consideration of the Carrousel Plaza South preliminary plat. Second by Droste. Ayes: Busho, Baago, Ingram, DeBettignies, Droste. Nays: 0. Regular Planning Commission Meeting Minutes November 9, 1993 Page Five City Engineer Bud Osmundson responded to Commissioner Ingram's concerns for negative traffic impact on the residential neighborhood to the west of Chippendale Avenue. Mr. Osmundson advised that he will furnish the Commission with a copy of the memo from OSM engineering who did a traffic study in this area with regard to their findings of their traffic study relative to the commercial uses proposed in this area. MOTION by Baago to recommend to city Council approval of a petition to rezone Lot 1, Block 1, Carrousel Plaza South from Multiple Residential to C-4 General Commercial subject to: 1) the approval of a Comprehensive Guide Plan Amendment redesignating ten acres of property in Carousel Plaza South as Commercial by the Metropolitan Council; 2) approval of Carrousel Plaza South after a public hearing is held; and 3) approval of a final plat for Lot 1, Block 1, Carrousel Plaza South by City Council and evidence that the final plat has been filed at the County. Second by Droste. Ayes: Baago, Ingram, DeBettignies, Droste, Busho. Nays: 0. MOTION by Busho to recommend that City Council set a date for a public hearing regarding the rezoning of Lot 1, Block 1, Carrousel Plaza South to hear testimony for consideration of the Rezoning Petition. Second by Baago. Ayes: Ingram, DeBettignies, Droste, Busho, Baago. Nays: 0. MOTION by Busho to adjourn. Second by DeBettignies. There being no further business to come before this Commission and by unanimous decision this meeting was adjourned at 7:00 p.m. R-: ctfully sub ed, onna Quintus Recording Secretary Planning Commission REGULAR MEETING MINUTES NOVEMBER 23, 1993 Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on Tuesday, November 23, 1993 at 5:00 p.m. Chairperson Busho called the meeting to order with members Droste, Ingram, and DeBettignies present. Also present was Interim City Administrator Ron Wasmund, and Assistant Planner Rick Pearson. Assistant Planner Rick Pearson advised that City Council set public hearings on December 7, 1993 for the following: 1) Rosemount Business Park Preliminary Plat; 2) Zoning Ordinance Text Amendment: Business Park District; 3) Carrousel Plaza South Preliminary Plat; and 4) Rezoning Petition for Lot 1, Block 1, Carrousel Plaza South. Mr. Thomas Burrows, Director of Property Management for Dakota County, has submitted a site plan for improvements to the Dakota County Maintenance Facility located at 14300 Biscayne Avenue. The improvements include construction of a 4,600 square foot cold storage building, construction of a 920 square foot containment bunker for fuel tanks including a prefabricated cold storage building atop the bunker for storage of paint, and a new fuel pumping station with new underground tanks for vehicle fueling. Site enhancements include the expansion of a paved parking lot and additional landscaping to augment screening. Mr. Burrows, Mr. Bob Emanuelson, Dakota County Mechanical Engineer, and Mr. Dave Everds, Director of the Dakota County Highway Department, were in attendance and discussed the details of the project and answered questions from the Commission regarding site design, access, aesthetic treatment, and State and City building and fire code concerns. Removal of the existing fuel tanks will be accomplished according to Pollution Control Agency Standards. MOTION by Ingram to approve the site plan for the proposed improvements to the Dakota County Maintenance Facility, excluding the containment bunker subject to: 1) removal of all underground tanks in accordance with Minnesota Pollution Control Agency requirements, including removal, disposal of tanks, testing for contaminated soils, and backfilling; 2) approval by the city engineer of the grading plan and ponding area with runoff calculations; 3) provision of a plan that provides on -site parking for all employee and visitor traffic to eliminate all on- street parking generated by the Dakota County Maintenance Facility; and 4) conformance with all applicable building and fire codes, in addition to MPCA requirements. Second by Busho. Ayes: DeBettignies, Droste, Busho, Ingram. Nays: 0. /?e, *161 o'ellemi-tu 43 ip,..5 atalfi e dideiu W`,/ 4 vea c m ft&: 1c4 /.fl .C( .i I g_sd,,,.."___,, AS I s Ayttutwo,044 e ,502- PILI,-.5 -1-J -1- 6-.42dIer of, intk, iff3 (1 J c.e ALL 1111 CITY O F RO S E M 0 U N T 2875 C 1 45 t h i Street West i g� b P.O. Box 510 Everything's Comin U Rosemount!! Rosemount, 55068-5 9 Up 55068 0510 0 Planning Commission Phone: 6124234411 Fax: 612 423 5203 REGULAR MEETING MINUTES DECEMBER 14, 1993 Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on Tuesday, December 14, 1994 at 5:00 p.m. Chair Busho called the meeting to order with members DeBettignies and Baago present. Also present was Interim Administrator Ron Wasmund and Assistant Planner Rick Pearson. Assistant Planner Pearson presented a brief overview of Council action on the four public hearings that were held at their December 7, 1993 regular meeting. Results of the public hearings are as follows: 1) Zoning Ordinance Text Amendment to create Business Park Zoning District: Action Tabled; 2) Rosemount Business Park Preliminary Plat: Approved; 3) Carrousel Plaza South Rezoning from R -3 Multiple Family to C -4 General Commercial: Action Tabled; and 4) Carrousel Plaza South Preliminary Plat: Approved. Koch Refining Company has been the site of significant ongoing and recently completed construction activity. The City has received a request for a permit to construct a 550,000 barrel butane storage tank on Koch property. The butane tank does not require site plan review by the Planning Commission. However, the size of the tank and its anticipated visibility prompted Planning staff to invite representatives from Koch Refining to a Planning Commission Meeting for the purpose of providing an informational presentation so that the Commission is aware of the refinery's current and and anticipated projects. Mr. Ray Knutson, Assistant Plant Manager, Gary Schumann, Project Manager, and Steve Worner, Project Engineer, agreed to come to this meeting for that purpose. The presentation consisted of an overview of the business operation, description of products provided, contributions to the economy, environmental protection ventures, and community relationships. A map showed current property holdings of Koch Refining, frontage roads, and projected future growth of the refinery. Mr. Knutson advised that properties purchased west of Akron were acquired for the purpose of a buffer area with no long range plans for development at present. Mr. Schumann discussed recent projects completed and proposed construction projects for the future. It was also noted that Koch Refining is actively involved in the Highway 52 Corridor and County Road 38 upgrades and is a strong supporter in addressing traffic safety issues. Assistant Planner Rick Pearson advised that Carlson Properties, Inc. has requested final plat approval for Carrousel Plaza South. The final plat consists of two parcels, one lot and one outlot. The 8.3- acre lot is proposed for development of a movie theater as proposed by GTI, Inc. The outlot may be further subdivided in the future. At that time, a new preliminary and final plat will be required. A copy of the proposed Development Agreement was distributed to the Commission. Assistant Planner Pearson summarized the conditions for approval of the preliminary plat as well as certain improvements that were part of the site plan review process. Ron Carlson, developer, and Bob Guetschoff, GTI, Inc., were both present in the audience to answer questions of staff and the Commission. Mr. Guetschoff advised that the conditions for site plan approval have been incorporated into the final movie theater development plan. Also, Mr. Carlson noted that the developers had no issues with the conditions recommended by staff for final plat approval. Printed on recycled paper •30 °111 containing 30% post consumer materials. Regular Planning Commission Meeting Minutes December 14, 1993 Page Two Planning Commission Chair Busho expressed reluctance to give final approval to the final plat until issues involving access to State Trunk Highway 3 are resolved between the developer and MnDOT. Ms. Busho also noted that two commissioners were absent at this meeting and felt their comments should be heard regarding the draft development agreement. MOTION by DeBettignies to recommend to the City Council approval of the Carrousel Plaza South final plat subject to execution of the Development Agreement. Second by Baago. Ayes: DeBettignies, Baago. Nays: 0. Present: Busho. Motion passed. At the November 23, 1993 regular meeting, the Planning Commission tabled action on the rezoning petition for the Dave Lawson property located at 14785 South Robert Trail. Mr. Lawson owns and operates an auto body shop, has a dealership license to sell cars, and owns the space occupied by Pro -Tune, Inc. If granted, the zoning would change from C -2 Community Commercial to C -4 General Commercial. The effect would remove the non conforming use status of all three uses. However, issues with regard to setback encroachments would be created. Planning Commission tabled action on the request until a determination as to whether or not Mr. Lawson could legally transfer his non conforming use to another party without rezoning. City Attorney Mike Miles has provided an interpretation that if the buyer's acquisition and operation of the property does not entail an enlargement of the structure or the use, current provisions relating to non conforming uses would allow this activity without rezoning. However, Mr. Lawson has indicated his wish to continue his petition for a rezoning to legalize all three existing uses. Planning Commission Chair Busho sited several zoning code violations currently existing on the property such as outside storage of trailers and cars in the highway right -of -way and questioned whether a rezoning would legalize outside storage conditions. Assistant Planner Pearson advised that parking or storage in the right -of -way is not permitted in any district and presents a situation where a citation could be issued. MOTION by Busho to table action regarding the request for a rezoning of his property located at 14785 South Robert Trail to provide the owner with an opportunity to eliminate code violations that currently exist on the property. Second by Baago. Ayes: Busho, Baago, DeBettignies. Nays: 0. MOTION by Baago to recommend that City Council schedule a public hearing to hear public testimony relative to the rezoning petition as submitted by Mr. Dave Lawson. Second by Busho. Ayes: Baago, DeBettignies, Busho. Nays: 0. MOTION by to adjourn. Second by DeBettignies. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 6:25 p.m. Re•'pectfully sub i ed, 4/ Donna Quintus Recording Secretary