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HomeMy WebLinkAbout1997 CITY O F RO S E M O U N T CITY HALL 2875 145th Street West a�— P.O. Box 510 Everything's Comin1 Rosemount!! Rosemount, MN Coming U p R 55068.0510 Phone: 612- 423.4411 Fax: 612- 423 -5203 Planning Commission Regular Meeting Minutes January 14, 1997 Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on Tuesday, January 14, 1997 at 6:30 p.m. Chairperson Droste called the meeting to order with members Mark DeBettignies, Patrick McDermott, Kim Shoe Corrigan, and Tentinger present. Also in attendance were Community Development Director Rogness, Assistant City Planner Rick Pearson, and Civil Engineer Doug Litterer. There were no additions or corrections to the agenda. MOTION by Tentinger to approve the December 10, 1996 Regular Planning Commission Meeting Minutes as presented. Second by Droste. Ayes: DeBettignies, Tentinger, Droste, Shoe Corrigan, McDermott. 0 Nays: 0. New Business: Metropolitan Urban Service Area Expansion Guide Plan Amendment Community Development Director Rogness presented a map of the city that highlights the MUSA area, explained the proposed areas to be developed, and reviewed the executive summary of the proposed MUSA amendment to the Comprehensive Guide Plan. Discussion ensued by the commissioners regarding consistency of development years in the MUSA area projections, the availability of MUSA for commercial property, a clarification of type of housing in MUSA areas, and how the Met Council made its determinations regarding housing unit projections. MOTION by DeBettignies to call for a Public Hearing on January 28, 1997 to consider a MUSA amendment to the Rosemount Comprehensive Guide Plan. Second by McDermott. Ayes: Tentinger, Droste, Shoe Corrigan, McDermott, DeBettignies. Nays: 0. Public Hearing: Hawkins Pond Revised Preliminary Plat, Comprehensive Guide Plan Amendment and Rezoning Assistant Planner Pearson presented an overview of the revised preliminary plat for the Hawkins Pond Addition. This plat included the previously approved 17 lot plat for the Hawkins property and 20.3 acres owned by the First Baptist Church of Rosemount. Hawkins Pond new plat includes 69 lots covering a total of 36.82 acres with a gross density of 1.85 dwelling units per Printed on recycled paper containing 30% post- consumermaterials. PLANNING COMMISSION MINUTES JANUARY 14, 1997 PAGE 2 acre, and a net density of 2.4 dwelling units per acre. Chairperson Droste opened the floor for public comment. John Hawkins, 4175 145th Street, advised that he is very pleased with the layout of the additional properties and felt that the developer did a good job. MOTION by Tentinger to close the public hearing. Second by DeBettignies. Ayes: Droste, Shoe Corrigan, McDermott, DeBettignies, Tentinger. Nays: 0. Commissioners questioned the probability of the proposed 143rd Street turning into a cul -de -sac, the responsibilities for costs incurred for site improvements, and storm trunk area charges. Planner Pearson indicated that any improvements would be assessed back to the individual lots; and that there is a possibility of 143rd Street turning into a cul -de -sac. MOTION by Tentinger to recommend approval of the revised preliminary plat for Hawkins Pond to the City Council subject to: 1. Incorporation of recommendations relative to easements, grading, streets and utilities identified by the Public Works Department; 2. Elimination of all lot dimensional variances not previously granted; 3. Compliance with requirements for final plat as specified in the Subdivision Ordinance; 4. Park dedication in the form of cash contribution in the amount specified by the fee schedule adopted at the time of final plat approval; 5. Sidewalks installed along the south side of 143rd Street West and the west side of Davenport Avenue; 6 Provision of a boulevard tree planting plan in accordance with the requirements of Section 8.3 of Ordinance B, the Zoning Ordinance; 7. Compliance with the tree preservation ordinance (B -77, adopted December 3, 1996); 8. Developer must make payment to the City for the following at the time of final plat: a) 1997 Storm Water Trunk Area Charges of $2,000 per acre which is estimated at this time as 28.8 acre x $2,000 $57,600; b) 1997 GIS fees of $50 per lot /unit which is estimated at this time as 69 lots x $50 per lot /unit $3,450. Second by Droste. Ayes: Shoe Corrigan, McDermott, DeBettignies, Tentinger, Droste. Nays: 0. MOTION by Tentinger to recommend that the City Council approve an amendment to the Comprehensive Guide Plan for the redesignation of portions of the First Baptist Church of Rosemount property to Urban Residential relative to the residential uses proposed by the preliminary plat. Second by Droste. Ayes: McDermott, DeBettignies, Tentinger, Droste, Shoe Corrigan. Nays: 0. MOTION by Tentinger to recommend that the City Council rezone the area intended for Hawkins Pond preliminary plat to R -1, Single Family Detached Residential. Second by Droste. Ayes: DeBettignies, Tentinger, Droste, Shoe Corrigan, McDermott. Nays: 0. Commissioner Tentinger complimented the developer of Hawkins Pond for the creation of a nice PLANNING COMMISSION MINUTES JANUARY 14, 1997 PAGE 3 project. Public Hearing: USPCI Interim Use Permit Chairperson Droste continued the public hearing for USPCI Interim Use Permit originally opened on November 12, 1996 and continued until this time. Director Rogness apprised the commission that USPCI is requesting a modification to the original Interim Use Permit agreement. Changes to be included are a 4 cell design in place of the existing 10 cell design; a capacity increase from the existing 2.5 million to the proposed 6.1 million cubic yards; an increase in the final grade berm height from 20 feet to the proposed 60 feet; and a change in final fill area with the removal of an interior site for future building activity. Mr. Rogness indicated that Barr Engineering, representing the City's interest, has not found any major environmental or engineering problems with the permit application, but is requiring some follow up information prior to finalization with City Council. Rex Kraft and Don Chapdeline, representing USPCI were present in the audience to answer questions from the commission. Jeff Ubl from Barr Engineering indicated that they had completed a review on the permit application from USPCI. Mr. Ubl indicated there were no major engineering problems with the information in the application but were requesting USPCI to provide CAD files to enable the monitoring of levels. Don Chapdeline, representing USPCI is concerned with the aesthetics and how the visual site line would appear after the cells reach their full height. Mr. Chapdeline presented pictures of the site as it appears today and projection of the site in 20 years based on computer generated changes. Chairperson Droste opened the floor for public comments. Henry Fox, Emery Avenue, voiced concerned with the final elevation of the cells; the cell capacity; and the visibility of the site. In Mr. Fox's opinion the proposed cell height is extreme. A lengthy discussion ensued by the Commissioners. Concerns of the commissioners included the two (2) hour rule for City notification for any incident resulting in an emergency shutdown, explosion or fire; the extension of the operating life from 30 years to 90 years; the leachate created by an increase in run -off from the increased cell height; the possibility of accepting ash; the settlement of cells; and tree replacement. Mr. Kraft indicated that funds are available and are budgeted for the maintenance of the site, and that the maintenance of the cells does beyond the life expectancy of 90 years. PLANNING COMMISSION MINUTES JANUARY 14, 1997 PAGE 4 MOTION by DeBettignies to close the public hearing. Second by Tentinger. Ayes: Tentinger, Droste, Shoe Corrigan, McDermott, DeBettignies. Nays: 0. MOTION by Droste to recommend to the City Council a reissued Interim Use Permit for USPCI, Inc. subject to final approval of Dakota County and the MPCA, and subject to final conclusions from Barr Engineering being reviewed by the City Council. Second by Shoe Corrigan. Ayes: Droste, Shoe Corrigan, DeBettignies, Tentinger. Nays: McDermott. Public Hearing: Zoning Text Amendment Non Hazardous Waste Containment Facility Director Rogness reviewed the proposed text amendment to Section 11.3 of the Zoning Ordinance for nonhazardous industrial waste containment facilities. This amendment would allow a facility to continue to operate under its existing or reissued permit while the City or other agencies are reviewing the same application. Chairperson Droste opened the floor for public comments. MOTION by DeBettignies to close public hearing. Second by Tentinger. Ayes: Shoe-Corrigan, Y g p g Y g Y McDermott, DeBettignies, Tentinger, Droste. Nays: 0. MOTION by DeBettignies to recommend to the City Council an Ordinance amending Section 11.3 of the City Zoning Code Ordinance B regarding the issuance standards for an Interim Use Permit for non hazardous industrial waste containment facility. Second by Tentinger. Ayes: McDermott, DeBettignies, Tentinger, Droste, Shoe Corrigan. Nays: 0. Public Hearing: Variance Petition Related to Knodt Agricultural Lot Division Chairperson Droste suspended the regular Planning Commission Meeting and opened the Board of Appeals and Adjustments to hear a variance petition related to the Knodt Agricultural Lot Division. Assistant Planner Pearson presented a request from the Knodts for a variance to the building setbacks to facilitate the subdivision of a 2.5 acre lot containing a farmhouse from a 148.5 acre farm. Chairperson Droste opened the floor to the petitioner. Mr. Pete Orlans, attorney for the applicant, indicated that the request for division is occurring due to estate planning and gifting. PLANNING COMMISSION MINUTES JANUARY 14, 1997 PAGE 5 Chairperson Droste opened the floor for public comment. There was no public comments. MOTION by DeBettignies to closed the public hearing. Second by Tentinger. Ayes: DeBettignies, Tentinger, Droste, Shoe Corrigan, McDermott. Nays: 0. MOTION by DeBettignies to grant the variances to accessory building setback criteria (Section 7.2, Ordinance B) of the Zoning Ordinance in accordance with the findings of Section 15.2. Second by Droste. Ayes: Tentinger, Droste, Shoe Corrigan, McDermott, DeBettignies. Nays: 0. Chairperson Droste closed the Board of Appeals Adjustments and reconvened the Regular Planning Commission meeting at 9:23 p.m. Public Hearing: Knodt Agricultural Lot Division and Rezoning Mr. Pearson presented the Commission with a request from Mrs. Gerda Knodt to approve a metes and bounds lot division to create a 2.5 acre parcel for an existing house located on the Knodt farm, and a rezoning from Agriculture Preserve to Agriculture. The request for the rezoning is required because the new parcel will not be large enough to qualify for Agriculture Preserve status. Mr. Pearson indicated that the density in an Agriculture district is 1 housing unit per 10 acres and that this should be a restrictive covenant. Chairperson Droste opened the floor for public comment. No comments. MOTION by DeBettignies to close the public hearing. Second by Tentinger. Ayes: Droste, Shoe Corrigan, McDermott, DeBettignies, Tentinger. Nays: 0. MOTION by DeBettignies to recommend approval of the Agricultural lot division for the Knodt property to the City Council subject to: 1) Granting of the three setback variances as specified; 20 Incorporation of recommendations relative to streets, drainage and utilities by the Public Works Department; 3) Payment of one unit each of park dedications and GIS fees; 4) Incorporation of comments or approval of the Minnesota Department of Transportation as necessary prior to recording by Dakota County; 50 conformance with requirements for individual sewage treatment system requirements; and, 6) A restrictive covenant to limit the density to 13 dwelling units per acre on the remnant parcel. Second by Tentinger. Ayes: Shoe Corrigan, McDermott, DeBettignies, Tentinger, Droste. Nays: 0. MOTION by DeBettignies to recommend that the City Council rezone the 2.5 acre parcel from Agriculture Preserve (AGP) to Agriculture (AG). Second by Tentinger. Ayes: McDermott, DeBettignies, Tentinger, Droste, Shoe Corrigan. Nays: 0. Chairperson Droste recessed the Regular Planning Commission meeting for 5 minutes at 9:50 p.m. PLANNING COMMISSION MINUTES JANUARY 14, 1997 PAGE 6 Public Hearing: Splatball Inc. Interim Use Permit Renewal Mr. Pearson reviewed a request from Mr. Jim Lathrop of Splatball, Inc. for the renewal of an Interim Use Permit that allows the conduct of commercial outdoor recreation in the Agriculture District. This permit originally granted in 1994 has an annual review for compliance. Mr. Pearson indicated the site has been monitored during the year and has been found to be consistent with the conditions of operations and that no complaints have been received. Chairperson Droste opened the floor for public comments. There were none. MOTION by DeBettignies to close public hearing. Second by Tentinger. Ayes: DeBettignies, Tentinger, Droste, Shoe Corrigan, McDermott. Nays: 0. MOTION by Droste to recommend that the City Council renew the Interim Use Permit for Splatball, Inc for a period of two years subject to the attached conditions of operation for 1997- 98. Second by Tentinger. Ayes: Tentinger, Droste, Shoe Corrigan, McDermott, DeBettignies. Nays: 0. Public Hearing: Cemstone, Inc. Mineral Extraction Permit Renewal Assistant Planner Pearson indicated that Cemstone Inc. has requested a Mineral Extraction Permit Renewal for the property located on the west side of Fischer Avenue 1/4 mile south of TH55. Cemstone had acquired a permit for this property last year but did not conduct any mining or related activity during that season but is requesting a renewal with the expectation of commencing activity this year. Chairperson Droste opened the floor to the applicant and for public comment. No comments. MOTION by Droste to close public hearing. Second by Shoe Corrigan. Ayes: Droste, Shoe Corrigan, McDermott, DeBettignies, Tentinger. Nays: 0. MOTION by Tentinger to recommend that the City Council approve the renewal of the mineral extraction permit for Cemstone, Inc., including sorting and washing of aggregate material on the property owned by Tom Furlong subject to the attached conditions of operation for 1997. Second by Droste. Ayes: Shoe Corrigan, McDermott, DeBettignies, Tentinger, Droste. Nays: 0. Public Hearing: Danner Mineral Extraction Permit Renewal Mr. Pearson presented a request from Mr. Marlon Danner for the renewal of his mineral extraction permit for the 1997 season. Danner's original permit was granted in 1996. The activity of last year was consistent with the provisions of the permit application. A complaint was PLANNING COMMISSION MINUTES JANUARY 14, 1997 PAGE 7 received regarding the stock piling of manure in a pit for apparent burial. Staff discovered a large amount of construction debris being stockpiled on site while investigating the complaint. Both issues have been resolved to the satisfaction of staff. Chairperson Droste opened the floor to the applicant and for public comments. No comments. MOTION by DeBettignies to close public hearing. Second by Shoe Corrigan. Ayes: McDermott, DeBettignies, Tentinger, Droste, Shoe Corrigan. Nays: 0. MOTION by Droste to recommend that the City Council approve the renewal of the mineral extraction permit for Danner, Inc., subject to the revised conditions of operation for 1997. Second by DeBettignies. Ayes: DeBettignies, Tentinger, Droste, Shoe Corrigan, McDermott. Nays: 0. MOTION by Droste to adjourn. Second by DeBettignies. There being no further business to come before this Commission and upon unanimous decision, this meeting was adjourned at 10:20 p.m. Respectfully submitted, Maryann Stoffel Recording Secretary 3 CITY HALL E- CITY O F RO S E M O U N T 2875 —145th Street West W e y� PO.Box510 s Everything's Coming Up Rosemount!! R s rnBo 0510 N aeee„ Phone: 612 423 -4411 Fax: 612-423-5203 Planning Commission Regular Meeting Minutes January 28, 1997 Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on Tuesday, January 28, 1997 at 6:30 p.m. Chairperson Droste called the meeting to order with members Mark DeBettignies, Patrick McDermott, Kim Shoe Corrigan, and Tentinger present. Also in attendance were Community Development Director Rogness, Assistant City Planner Rick Pearson, and Intern Troy Bonkowski. There were no additions or corrections to the agenda. MOTION by Droste to approve the January 14, 1997 Regular Planning Commission Meeting Minutes as presented. Second by DeBettignies. Ayes: DeBettignies, Tentinger, Droste, Shoe Corrigan, McDermott. 0 Nays: 0. 110 Community Development Director Rogness discussed the action taken at the January 21, 1997, City Council meeting in regards to the Hawkins Pond Preliminary Plat, Geronime Pond Preliminary Plat, and USPCI. The rezonings for the two plats have been tabled until a final plat is available for review. Assistant Planner Pearson extended an invitation to the Planning Commission for the City Council "Committee of the Whole" meeting scheduled for Monday February 3, 1997. Mr. Pearson indicated that an agenda for the meeting will be sent to the Commissioners, which will include discussions on the Kelley Trust property and Erickson Park. Old Business: Site Plan Review Public Hearing Requirement Mr. Pearson reviewed the requirements for public hearings for site plan reviews. Indications are that participation in these public hearings by the public is very limited. The attendees are normally the applicants and their consultants. It is staff's view that if the site plan meets all of the required standards and is variance free, there would be the potential to eliminate the requirement for a public hearing for the site plan review. After a brief discussion, it was the consensus of the Commission to retain the public hearing process for site plan review. Reasons to retain the site plan review process included the need to keep the public informed, the possibility of alienating the public, and the desire to retain the rights of the public. III Printed on recycled paper 30%. containing 30% post consumer materials. sr PLANNING COMMISSION REGULAR MEETING JANUARY 28, 1997 PAGE 2 Public Hearing: Solberg Aggregate Inc/Koch Refining Company Mineral Extraction Permit Renewal Planner Pearson presented a request from Loren Howard of Solberg Aggregate Inc. for the renewal of the mineral extraction permit for property they lease from Koch Refining Company. No complaints have been received regarding the mineral extraction permit activity during the past year. Chairperson opened the floor to the petitioner and the public. No comments MOTION by Droste to close the public hearing. Second by DeBettignies. Ayes: Tentinger, Droste, Shoe Corrigan, McDermott, DeBettignies. Nays: 0. MOTION by McDermott to recommend that the City Council renew the mineral extraction permit for Solberg Aggregate, Inc. on the Koch Refining Company site subject to the attached draft conditions of operation for 1997. Second by Tentinger. Ayes: Droste, Shoe Corrigan, McDermott, DeBettignies, Tentinger. Nays: 0. Public Hearing: Dr. Kurt Walter- Hansen Site Plan Review Assistant Planner Pearson presented a site plan referencing 14670 and 14680 South Robert Trail. The request is for the conversion of the property located at 14680 South Robert Trail from residential to a commercial use. Issues associated with the change of use from Residential to Commercial include parking, automobile maneuvering, access to property from Highway 3, the narrow driveway, and handicap accessibility. The applicant had indicated a reluctance towards site improvements and questioned the site plan review requirement. Chairperson Droste opened the floor to the applicant. Kurt Walter- Hansen, owner of the sites, maintains that it is his intention to develop these sites within three years; therefore, he doesn't want a large investment in the reconfiguration of the parcels. He though that previous action by the City (regarding 14670) entitled him to Commercial use of the property (14680). Chairperson Droste opened the floor for public comment. Cecilia Showalter, 13871 Daphne Lane, indicated she has an interest in opening an antique store with expensive pieces of furniture and antiques. Ms. Showalter doesn't anticipate creating a huge traffic problem with customers to her business. In anticipation of opening a business at this location, she had moved inventory into the building. PLANNING COMMISSION REGULAR MEETING JANUARY 28, 1997 PAGE 3 A lengthy discussion took place regarding the possible site improvements, the costs for these improvements, the present use of the site, the intended use of the site, the location of a sewer line, and inconsistencies in information available regarding the site. Mr. Pearson referenced minutes from a previous Planning Commission meetings on Oct 18; Nov 1, 1988, which identified related information. MOTION by Tentinger to close the public hearing. Second by Shoe Corrigan. Ayes: Shoe Corrigan, McDermott, DeBettignies, Tentinger, Droste. Nays: 0. MOTION by DeBettignies to approve the site plan review for 14680 South Robert Trail subject to: 1) provision of cross access easements between 14670 and 14680 South Robert Trail for shared circulation, parking and driveways; 2) removal of the driveway to 14680 South Robert Trail, or approval of the driveway by the Minnesota Department of Transportation in light of the establishment of a commercial use on the property; 3) provision of curb stops or other barriers and striping to channel traffic and parking and protect turf areas; 4) conformance with all applicable building, fire, and zoning codes or ordinances; 5) provision of easements as may be identified for access, circulation, drainage and utilities by the Public Works Department. Second by Shoe Corrigan. Ayes: McDermott, DeBettignies, Tentinger, Droste, Shoe Corrigan. Nays: 0. Public Hearing: Metropolitan Urban Service Area Expansion Comprehensive Guide Plan Amendment Community Development Director Rogness presented an overview of MUSA and the calculations that went into the projection for redefining the MUSA area. The proposed change would add Phase 2 MUSA area to the current Phase 1 MUSA which will become the new current MUSA (2005), and then the Phase 3 MUSA will then become the new Phase 2 MUSA (2005- 2010). The city will then be able to approve development projects now rather than wait until the year 2000. Chairperson Droste opened the floor for public comment. Dick Clutnum, developer of Biscayne Park project, spoke in favor of the new MUSA development. A letter from Craig Minea, owner of property located in the proposed Phase II of MUSA, was acknowledged. Mr. Minea would like to see his property included in Phase I, although Rogness explained that the land supply- demand analysis would not support it. MOTION by Droste to close the public hearing. Second by Shoe Corrigan. Ayes: DeBettignies, Tentinger, Droste, Shoe Corrigan, McDermott. Nays: 0. PLANNING COMMISSION REGULAR MEETING JANUARY 28, 1997 PAGE 4 Discussion ensued by the Commissioners with the conclusion that they recommend focused and managed growth with the expansion of the MUSA area. MOTION by Tentinger to recommend that the City Council approve an amendment to the Comprehensive Guide Plan Update 2000, dated October 1993, as revised to change the MUSA to Phase I (2005) and Phase II (2005- 2010). Second by Droste. Ayes: Tentinger, Droste, Shoe Corrigan, McDermott, DeBettignies. Nays: 0. Chairperson Droste recessed the Regular Planning Commission meeting for 5 minutes at 9:47 p.m. New Business: Essential Services Zoning Text Amendment Intern Bonkowske presented to the Commission a proposed zoning text amendment for an Essential Services Ordinance. This ordinance would regulate any essential services owned or operated and maintained by public utilities, or by municipal or governmental agencies within the City of Rosemount MOTION by Tentinger to recommend scheduling of public hearing. Second by Shoe Corrigan. Ayes: Droste, Shoe Corrigan, McDermott, DeBettignies, Tentinger. Nays: 0. New Business: Sign Ordinance Zoning Text Amendment Mr. Bonkowske presented for review an amendment to the current sign ordinance. This amendment would allow for the use of sidewalk signs in the Commercial Two (C2) zoning district. This type of sign is not defined in the current sign ordinance. MOTION by Tentinger to recommend scheduling of public hearing. Second by DeBettignies. Ayes: Shoe Corrigan, McDermott, DeBettignies, Tentinger, Droste. Nays: 0. MOTION by Droste to adjourn. Second by DeBettignies. There being no further business to come before this Commission and upon unanimous decision, this meeting was adjourned at 10:20 p.m. Respectfully submitted, Maryann Stoffel Recording Secretary CITY OF ROSEMOUNT 2875- 145 Rosemount, MN Everything's Coming Up Rosemount 55068 4997 Phone 612- 423 -4411 Hearing Impaired 423 -6219 Fax 612 423 -5203 Planning Commission Annual Meeting Minutes February 25, 1997 Mayor Cathy Busho swore in newly appointed Commissioner Jeffery Weisensel to the Planning Commission. The Planning Commission and Planning Staff extended a welcome to new Commissioner Weisensel. Pursuant to due call and notice thereof, the Annual Meeting of the Planning Commission was duly held on Tuesday, February 25, 1997 at 6:30 p.m. Chairperson Droste called the meeting to order with members Mark DeBettignies, Jay Tentinger, Kim Shoe Corrigan, and Jeffery Weisensel present. Also in attendance were Community Development Director Dan Rogness, City Planner Rick Pearson, Civil Engineer Doug Litterer, and Intern Troy Bonkowske. Planning Commission Chair and Vice -Chair Nominations Elections As per Planning Commission By Laws, nominations for officers shall be taken at the Annual Meeting. MOTION by DeBettignies to nominate Droste as Planning Commission Chairperson. Second by Tentinger. Ayes: DeBettignies, Tentinger, Droste, Shoe Corrigan, and Weisensel. Nays: 0. MOTION by DeBettignies to cast a white ballot to elect Droste as 1997 Planning Commission Chair. Second by Shoe Corrigan. Unanimous. Droste was elected as 1997 Planning Commission Chair. MOTION by Shoe Corrigan to nominate DeBettignies as Planning Commission Vice Chair. Second by Tentinger. Ayes: Tentinger, Droste, Shoe Corrigan, Weisensel, and DeBettignies. Nays: 0. MOTION by DeBettignies to nominate Shoe Corrigan as Planning Commission Vice Chair. Second by Tentinger. Ayes: Droste, Shoe Corrigan, DeBettignies, and Tentinger. Nays: 0. Abstained: Weisensel. II Planning Commission Annual Meeting February 25, 1997 Page 2 MOTION by Weisensel to close nominations for Planning Commission Vice Chair. Second by Shoe Corrigan. Ayes: Shoe Corrigan, Weisensel, DeBettingnies, Tentinger, and Droste. Nays: 0. Commissioners voted by secret ballot to elect the Planning Commision Vice Chair. The ballots were counted by the Recording Secretary. DeBettignies was elected as 1997 Planning Commission Vice Chair. MOTION by Tentinger to approve the January 28, 1997 Regular Planning Commission Meeting Minutes as presented. Second by Droste. Ayes: Weisensel, DeBettignies, Tentinger, Droste, and Shoe Corrigan. Nays: 0. New Business: McNamara Addition Final Plat City Planner Pearson presented for Planning Commission review and approval the final plat for McNamara Addition. The final plat represents the first phase of land subdivision that will occur in support of the Chippendale /42 mixed use planned unit development. The developer has made compromises and concessions in its efforts to work with the City. City Planner Pearson reviewed the lot layout and street design and advised that City Planning Staff is working on the execution of a Development Agreement to be submitted to the City Council on March 4, 1997. Commissioners expressed concerns about street alignment, how improvements will affect Shannon Parkway north of CSAH 42, and the City's expense related to such improvements. Civil Engineer Litterer addressed the alignment concerns. Community Development Director Rogness explained that a CSAH 42 corridor study must be completed and further analysis of the alignment issue must be performed before the City can make any informed decisions on these issues. Dakota County restricted access onto CSAH 42 from the Claret Avenue intersection by eliminating the left -out movement. Jim Johnson, Consulting Engineer for Chippendale /42 Partnership, explained two design alternatives for northbound traffic on Shannon Parkway (i.e., one left turn lane 300' in length, or two left turn lanes of 175' in length). Commissioner Shoe Corrigan expressed concern over increased traffic in the residential areas. She questioned whether the development plans are now compatible with the surrounding area. Commissioner Droste pointed out that development of 160th Street would have an impact on the traffic issue. If the County proceeds with improvements on 160th, this would eventually reduce the Planning Commission Annual Meeting February 25, 1997 Page 3 traffic concerns on CSAH 42. City Planner Pearson added that any improvements made are expected to support traffic and recommendations have been made on long -term planning. Community Development Director Rogness further explained the County changed its spacing guidelines after preliminary plat approval and did not allow full access. There are no changes in the development proposal, only changes in traffic from the development. Additional right -of -way on Shannon Parkway is being dedicated to deal with this issue. Commissioner Droste questioned whether there would be a headlight problem created by this development. City Planner Pearson explained that, by moving everything 20 feet further east, more open space is created, thereby reducing any headlight problems. MOTION by Tentinger to approve the final plat of McNamara Addition, subject to the following: 1) Modification of the plat to include: a) cross access easements between Lots 1 and 2, Block 1; b) right of access dedicated to City of Rosemount along all public rights -of -way excluding CSAH 42; and, c) all intersections with corners containing less than 90 degree angles of intersections shall be no less than 75 degrees; 2) Execution of the Planned United Development Agreement for Chippendale /42 Partnership; 3) Execution of a subdivision agreement to secure public improvements; 4) Payment of park dedication in the form of cash contribution commensurate with the two lots (Lots 1 and 2, Block 1) being platted; 5) Incorporation of recommendations relative to easements, grading, rights -of -way and utilities identified by the Public Works Department; and 6) Approval of the Dakota County Plat Commission. Second by Droste. Ayes: DeBettignies, Tentinger, Droste, Shoe Corrigan, and Weisensel. Nays: 0. Public Hearing: Essential Services Ordinance Chair Droste opened the Public Hearing to hear public testimony regarding the creation of an Essential Services Ordinance. Intern Bonkowske advised the Commission that more time was needed to research utility regulations and requested a continuance to March 11, 1997. Chair Droste opened the floor to the public. There were no comments from the audience. Commissioner Weisensel questioned whether a continuance to March 11, 1997 would allow sufficient time for the research to be completed. Intern Bonkowske felt the research could be completed within that time. Planning Commission Annual Meeting February 25, 1997 Page 4 MOTION by Droste to continue the Public Hearing on the Essential Services Ordinance to March 11, 1997. Second by DeBettignies. Ayes: Tentinger, Droste, Shoe Corrigan, Weisensel, and DeBettignies. Nays: 0. Public Hearing: Sidewalk Sign Ordinance Chair Droste open the public hearing to hear public testimony regarding the amendment of the sidewalk sign ordinance. Intern Bonkowske presented a copy of the proposed Sidewalk Signs Ordinance, limiting and defining the size, location, nature and other conditions relating to sidewalk signs. Commissioners questioned the 36" passable space requirement and thought further clarification needed to be added to ensure that it was a "contiguous" 36 inches. There was also discussion as to whether a sign should be in close proximity to the building or to the curb side of the sidewalk. It was clarified that this ordinance would apply only to the CA District (downtown area). Community Development Director Rogness explained the proposed ordinance is a test case. Presently, advertising signs that are located on City rights -of -way are considered illegal. Chair Droste opened the floor to public and Commission discussion. There were no comments from the audience. The Commission expressed concerns regarding the number of signs permitted at a location, the type of sign messages, spacing between the signs, liability issues, quality of the signs, and passable space between the signs. Chair Droste suggested the matter be tabled and continued to the next Planning Commission meeting. The Commission directed City Staff to obtain the views of local business owners who may be affected by this ordinance. MOTION by DeBettignies to continue the public hearing on the Sidewalk Sign Ordinance until March 11, 1997. Second by Weisensel. Ayes: Droste, Shoe Corrigan, Weisensel, DeBettignies, and Tentinger. Nays: 0. New Business: Hawkins Pond City Planner Pearson presented for Planning Commission review and approval the final plat for the 69 -lot Hawkins Pond residential development. 4110 Planning Commission Annual Meeting February 25, 1997 Page 5 Commission members discussed concerns regarding lot minimum width requirement, the taxability of unusable portions of certain lots, and tree preservation. City Planner Pearson indicated to the Commission that tree preservation is recognized by the developer; however, it appears that less than 25 percent of the existing trees will be removed. Commissioner Shoe Corrigan emphasized her concern regarding the failure of Lots 16 -19 in Block 3 to meet lot width standards and advised that she does not support the variance which was granted. MOTION by Droste to approve the final plat for Hawkins Pond, subject to 1) conformance with the applicable specified conditions of Resolution 1997 -8; 2) execution of a development agreement to secure public infrastructure; and 3) payment of $62,100 in park dedication fees. Second by Tentinger. Ayes: Droste, DeBettignies, Tentinger, Shoe Corrigan, and Weisensel. Nays: 0. Proposed Planning Department Goals and Objectives for 1997 410 City Planner Pearson outlined the Planning and Zoning goals for the City of Rosemount in 1997. The application to the Met Council for expanded current MUSA that will designate a new 1997- 2005 and 2005 -2010 MUSA has been completed. Revisions to the Subdivision Ordinance are in the final stages. Improvements to the Zoning Ordinance are a continuous project. A discussion took place regarding future projects and planning issues. Commissioner Droste requested City Staff to obtain additional information regarding the MIRTS facility project and how it may affect the dynamics of the City. Announcements by Mayor Cathy Busho Mayor Cathy Busho advised the Planning Commission that Governor Carlson will be visiting the Rosemount Community Center on Tuesday, March 11, from 11:30 1:00. Governor Carlson will speak on education issues. Tickets for this event are $12.00. Also, Representative Osment will be giving a seminar on TIF on March 12 at 6:00 p.m. at City Hall. MOTION by Droste to adjourn. Second by DeBettinger. There being no further business to come before this Commission and upon unanimous decision, this meeting was adjourned at 9:30 p.m. R R. lly Su 'tted, 4 b �A Dianne Quinnell, Recording Secret ,410' `y CITY OF ROSEMOUNT 2875 Street West P.0. Box 510 Everything's Coming Up Rosemount!! Rosemount, MN 55068 -0510 Phone: 612- 423 -4411 Fax: 612 -423 -5203 Planning Commission Regular Meeting Minutes March 11, 1997 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, March 11, 1997 at 6:30 p.m. Chairperson William Droste called the meeting to order with members Mark DeBettignies, Jay Tentinger, Kim Shoe Corrigan, and Jeffery Weisensel present. Also in attendance were City Planner Rick Pearson, Civil Engineer Doug Litterer, and Intern Troy Bonkowske. There were no additions or corrections to the agenda. MOTION by DeBettignies to approve the February 25, 1997 Annual Planning Commission Meeting Minutes as presented. Seconded by Tentinger. Ayes: DeBettignies, Tentinger, Droste, Shoe Corrigan, and Weisensel. Nays: 0. Motion passes 5 0. Department Announcements: Summary of City Council Actions Mr. Pearson summarized actions taken at the March 4, 1997 City Council meeting and answered the Commissioners' questions. New Business: Subdivision Ordinance Rewrite Discussion Mr. Pearson presented a draft copy of the Subdivision Ordinance and highlighted some of the changes in the Ordinance. Mr. Pearson explained that the Subdivision Ordinance as presented is in a draft state and has not yet been reviewed by the City Attorney. The proposed Ordinance will go to the Committee of the Whole for further review. A lengthy discussion occurred concerning whether pending developments would be grand fathered into the proposed changes, notification to the developers, whether there has been any response from the development community, park land dedication, and school district participation in the site plan review process. Mr. Pearson explained that the suggested changes to the Ordinance were implemented through comparisons with other cities and that to date there has been no input from developers. There being no further comments by the Commissioners, Chair Droste closed discussion on the Subdivision Ordinance and opened the public hearing scheduled at this time. Printed on recycled paper containing 30% post- consumermaterials. Regular Planning Commission Meeting Proceedings March 11, 1997 Page 2 Public Hearing: Endres Properties Administrative Plat Chairman Droste opened the public hearing to hear public testimony regarding the Administrative Plat of Endres Properties. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of Public Hearing Notice on file with the City. Mr. Pearson reviewed the administrative plat for Endres Properties and addressed the Mississippi River Corridor and Department of Transportation concerns and requirements. Commissioner Tentinger inquired as to access from the subject property to Hwy. 55; specifically, whether it would be a public street or private driveway and whether there are safety concerns as a result of the access being located directly across from the USPCI access to Hwy. 55. Mr. Pearson explained that the access would be a private driveway and that the intersection may be subject to traffic controls. It would be up to the State to decide whether turn lanes into the property would be appropriate. The surrounding properties are developed or isolated by bluffs and/or railroads, thereby leaving no other access options. The Commission asked about the issue of tree preservation, which Mr. Pearson explained does not apply to this commercial property. Chair Droste acknowledged that Eric Christianson was present at the meeting on behalf of Endres Properties. Chair Droste opened the floor for public comments. There was no public comment. MOTION by Droste to close the public hearing. Seconded by DeBettignies. Ayes: Tentinger, Droste, Shoe Corrigan, Weisensel, and DeBettignies. Nays: 0. Motion passes 5 -0. Commissioner Shoe Corrigan questioned the status of the Guide Plan Amendment and asked for further explanation of the inconsistency between the land use designation and the zoning classification. MOTION by Tentinger to recommend approval of the administrative plat for Endres Properties Addition, subject to 1) compliance with subdivision requirements for easements, GIS fees and park dedication, and 2) approval of the Minnesota Department of Transportation as required. Seconded by Droste. Ayes: Droste, Weisensel, DeBettignies, and Tentinger. Nays: Shoe Corrigan. Motion passes 4 1. Regular Planning Commission Meeting Proceedings March 11, 1997 Page 3 Public Hearing: Sign Ordinance Zoning Text Amendment for Sidewalk Signs. Chairman Droste opened the public hearing to hear public testimony regarding the proposed Sign Ordinance Zoning Text Amendment for sidewalk signs. Mr. Bonkowske presented the revised Ordinance and highlighted the changes made regarding minimum passable contiguous space and minimum spacing between signs. A discussion occurred regarding the number of signs permitted at a building site and the defmition of "frontage Commissioners recommended that the defmition should be expanded to include the public right -of -way. Mr. Pearson explained that this amendment is part of Staff `s continuing effort to work with local business to revitalize the business in the downtown area. Chair Droste opened the floor for public comments. IP Ena Cisewski, 14675 Biscayne Avenue, owner of A Woman's Touch, asked whether a temporary sign must be taken in each evening. Ms. Cisewski also pointed out that, because the entrance to her business does not face Hwy. 3, the placing of a sign on Hwy. 3 would draw attention to her business. Dayna Bell, owner of Dayna's Dog Grooming, stated her business has tripled since placing a temporary sign outside her business. She fmds that by keeping the sign closer to the building, it does not interfere with pedestrian traffic. MOTION by Tentinger to close the public hearing. Seconded by Droste. Ayes: Shoe Corrigan, Weisensel, DeBettignies, Tentinger, and Droste. Nays: 0. Motion passes 5 -0. Commissioner Shoe Corrigan explained the importance of the temporary signs directing attention to Morning Glory, which is not visible from Hwy. 3. Discussions continued regarding any safety concerns, and it was determined that the individual businesses would take any necessary steps to ensure that any precautions are taken. MOTION by DeBettignies to recommend approval of an Ordinance Amending Ordinance B., City of Rosemount Zoning Ordinance regarding sidewalk signs. Seconded by Tentinger. Ayes: Weisensel, DeBettignies, Tentinger, Droste, and Shoe Corrigan. Nays: 0. Motion passes 5 -0. Regular Planning Commission Meeting Proceedings March 11, 1997 Page 4 4110 Public Hearing: Essential Services Zoning Text Amendment. Chairman Droste opened the public hearing to hear public testimony regarding the ordinance text amendment for the regulation of essential services related site improvements. Mr. Bonkowske presented the proposed Ordinance for Essential Services, and introduced Dave Callahan and Pat Kline who were present at the meeting and available to answer any questions. Mr. Pearson explained that setback provisions are included in the proposed ordinance in order to create landscaping around the enclosed area. A lengthy discussion occurred regarding the provision in the ordinance which would prohibit such services in all commercial and residential districts. Mr. Pearson stated there is a proposal to change this language to allow essential services in such districts, subject to conditions. Chair Droste opened the floor for public comments. Pat Kline, Service Manager for NSP, stated that he has been working with Staff in the development of an ordinance, and he introduced Dave Callahan, also with NSP, to present a detailed discussion. Mr. Callahan explained that essential services, by defmition, are needed by the community. Mr. Callahan was concerned about the language in the proposed ordinance which expressly prohibits such services in commercial and residential districts. NSP attempts to avoid residential districts and acknowledges that such services are more compatible with commercial districts. However, as the ordinance now reads, if NSP has no other option but to place such a facility in a residential or commercial area, an ordinance amendment would be necessary. A discussion continued regarding presently existing facilities and locations. MOTION by Tentinger to close the public hearing. Seconded by Droste. Ayes: DeBettignies, Tentinger, Droste, Shoe Corrigan, and Weisensel. Nays: 0. Motion passes 5 -0. A lengthy discussion occurred regarding prohibition in commercial and residential districts and whether public /institutional districts should also be prohibited. Commissioners asked whether comparisons with other cities has been explored. Mr. Bonkowske explained that most other cities did allow such services in residential districts and that a conditional use process was utilized by other cities to address such issues. Regular Planning Commission Meeting Proceedings March 11, 1997 Page 5 Commissioners expressed concern over including commercial, residential, and public /institutional districts in this ordinance. Commissioner Shoe Corrigan stated her concern that if not prohibited in such districts, NSP or other applicants may not look elsewhere. There was also concern that such services be excluded from recreational and other public areas. Commissioners felt that further consideration must be given to this ordinance before a recommendation can be made. MOTION by Tentinger to continue the Public Hearing on the Essential Services Ordinance to March 25, 1997. Seconded by Droste. Ayes: Tentinger, Droste, Shoe Corrigan, Weisensel, DeBettignies. Nays: 0. Motion passes 5 -0. There being no further business to come before this Commission and upon unanimous decision, this meeting was adjourned at 8:40 p.m. Respectfully submitted, Dianne G. Quinnell Recording Secretary CITY OF ROSEMOUNT 2875 45t Street West Rosemount, MN Everything's Coming Up Rosemount!! 55068 4997 ,mq Phone: 612- 423 -4411 Hearing Impaired 423 6219 Fax 612- 423 -5203 Planning Commission Regular Meeting Minutes March 25, 1997 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, March 25, 1997 at 6:30 p.m. Chairperson William Droste called the meeting to order with members Mark DeBettignies and Kim Shoe Corrigan present. Absent were members Jay Tentinger and Jeffery Weisensel. Also in attendance were Community Development Director Dan Rogness, City Planner Rick Pearson, Civil Engineer Doug Litterer, and Intern Troy Bonkowske. There were no additions or corrections to the agenda. MOTION by Droste to approve the March 11, 1997 Regular Planning Commission Meeting Minutes as presented. Seconded by Shoe Corrigan. Ayes: DeBettignies, Droste, and Shoe Corrigan. Nays: 0. Department Announcements: Summary of City Council Actions The Commission noted the actions taken at the March 18, 1997 City Council meeting. New Business: Endres TIF Application Mr. Rogness summarized the application by Endres Properties for tax increment fmancing assistance concerning its proposed development on property located m eastern Rosemount north of TH 55 and east of Spectro Alloy. Site issues involve two primary drainage areas and slope and bluff lines. Approximately 10% of the 50.7 acre site will be utilized for building, parking and driveway purposes. Mr. Rogness provided Commission members with a written Summary of this application, describing in more detail the fmancing package. Discussions continued concerning the feasibility of a well, the septic system, a reservoir for firefighting purposes, soil tests, the number of employees, and approvals and reviews by other agencies, including the DNR, the Health Department, Pollution Control. Commissioner Shoe Corrigan questioned how this project qualifies under TIF and why it has received a break on park dedication fees. Mr. Rogness explained that it is an economic development project which will incur additional costs due to the nature of the site. This business is not compatible in the Rosemount Business Park. The City cannot collect park dedication fees because the property is not being subdivided. Endres is also looking at sites Planning Commission Regular Meeting Minutes March 25, 1997 Page 2 in Cannon Falls, Lakeville and Hudson. The status of these other applications is not known. The business is showing a substantial growth rate, and it could be a loss to the City if the business does not relocate here from the adjacent city of Coates. Commissioner Shoe Corrigan stated her concern about the tax deferment for nine years and the burden it will place on the taxpayers. She inquired as to what benefits the business would be bringing to the City. Mr. Rogness acknowledged the concerns of the Commission and will present those concerns to the Port Authority for further consideration. Mr. Rogness further explained the Resolution which is presently before the Commission for approval, wherein the Planning Commission agrees solely that the plan meets the general plans of the Comprehensive Guide Plan. No endorsements for tax increment financing are granted by the Planning Commission. MOTION by Droste to approve a Resolution of the Rosemount Planning Commission finding that the establishment of Redevelopment Project No. 2 and the establishment of the Endres Tax Increment Financing District conforms to the general plans for the Development and Redevelopment of the City. Seconded by DeBettignies. Ayes: Droste, Shoe Corrigan, and DeBettignies. Nays: 0. Public Hearing: Essential Services Zoning Text Amendment (Continued) Mr. Bonkowske presented the proposed Essential Services Ordinance, as revised. Mr. Bonkowske highlighted the changes which were made, based upon comments by the Commissioners at the prior meeting. Chairperson Droste opened the floor to the public. David Callahan, representative from NSP, presented a letter to the Commission regarding NSP's concern over the language in the Ordinance and NSP's suggested changes. Mr. Callahan stated the word "prohibited" used in Residential and Public/Institutional Districts denotes a strong intent which would be difficult to amend if necessary in the future. Mr. Callahan also asked for clarification as to Paragraph C.1. stating that a substation must be located on a parcel that fronts a local street. Mr. Pearson clarified the City's desire to prohibit substations on higher volume streets in Commercial districts. It is the intent to have such services located on side streets and not to Planning Commission Regular Meeting Minutes March 25, 1997 Page 3 compete with local businesses. Mr. Pearson also noted that amendments to Ordinances are a common procedure m light of the concern regarding the word "prohibited Mr. Callahan explained that NSP tries to locate substations where transmission lines currently exist. If that is not possible, it would be necessary for NSP to build transmission lines to the site. NSP transmission lines are currently along CSAH 42. Transmission lines require a 75' right of way. Discussions continued concerning use in residential districts, screening standards, limitations on street location, financial geographical constraints, and changes to the language in the proposed Ordinance. Commissioners agreed that Paragraph C.1. could be deleted. MOTION by DeBettignies to adopt a zoning ordinance text amendment for the regulation of essential services and, specifically, electrical substations, and to delete Paragraph C.1. and incorporate the text language contained in the letter from David G. Callahan, dated March 25, 1997, subject to approval by the City Attorney prior to its presentation to the City Council. Seconded by Droste. Ayes: Shoe Corrigan, DeBettignies, and Droste. Nays: 0. Public Hearing: Broback Industrial Park Replat Mr. Pearson summarized the request by William Broback that nine lots located in Broback Industrial Park, east of Diamond Path, north of 148th Street West, and south of 145th Street West be replatted into 23 lots, which would require a minimum of 18 lot width variances. The lots were initially platted for industrial use, however, due to the low demand for industrial land, the owner wishes to develop for residential use. The City has changed the quick plan land use designation to residential to spur development. There was a discussion regarding the business which currently exists in this development, namely, Rosemount Woods. This business has plans to expand, but relocating to the business park may be too costly. There is also concern about how this business will affect a neighboring residence. Chair Droste opened the floor to the applicant. There was no comment. Chair Droste opened the floor to the public. Kevin Meyer, 14839 W. Delft Avenue, commented that when the nine lots were rezoned to R -1 Residential, it was assumed that larger size homes would be built. Planning Commission Regular Meeting Minutes March 25, 1997 Page 4 Charles Stauffer, 14587 Delft Avenue, voiced concern over the type of homes which would be built on these narrow lots. He is concerned that lower priced homes or low- income housing would be built. Also, Mr. Meyer questioned whether the property owners would maintain and mow the 60' easement which runs along the back of these lots. A preference would be ranch style townhomes wherein the association dues would ensure that the property would be maintained. At the present time, the easement area resembles a wide open corridor. Mr. Meyer also indicated that sawdust from Rosemount Woods would be a problem for any home built next to this business. Mike Broback commented that the lots compare to the length of a football field and that it is unreasonable to expect a property owner to maintain the easement area. Mr. Pearson informed Mr. Broback that City Ordinances requires that the property be maintained by the property owner. Tom Tucker, 14564 Delft Avenue, asked whether this development would have any effect on the holding pond. Mr. Pearson answered that the holding pond would remain. Phil Pearson, 14803 W. Delft Avenue, inquired as to overhead electrical wires. Mr. Utterer responded to Mr. Pearson's concerns and referred Mr. Pearson to Dakota Electric for more information. Other comments generated by the public reiterated concerns over lot size and maintenance of the lots. MOTION by DeBettignies to close the public hearing. Seconded by Shoe Corrigan. Ayes: DeBettignies, Droste, and Shoe Corrigan. Nays: 0. Commissioner Shoe Corrigan stated she is not supportive of the Broback proposal and variances. Commissioner Shoe Corrigan expressed her concerns about noise from Diamond Path, especially when considering future improvements, and what effect this development would have on Rosemount Woods. If a home is built next to this business, there would most likely be problems created. Commissioner Shoe Corrigan supported this plan in the first place because of the large lots, and the current plan does not support the initial plan. Commissioner DeBettignies also stated that he would not support the granting of so many variances. He expressed concerns over the existing business, frontage road issues, and turn lanes onto Diamond Path. Planning Commission Regular Meeting Minutes March 25, 1997 Page 5 Chair Droste expressed his disapproval of this plan, pointing out that the initial 18 variances would probably develop into more variances as the development progresses. Chair Droste also wondered whether this layout is compatible with surrounding neighborhoods. Commissioners stated they felt different housing needed to be considered, possibly townhomes. More thought should also be given to surrounding neighborhoods. While Commissioners want to see this property developed and are sympathetic to the difficulties in development, the developer must overcome the obstacles of noise issues, traffic, and blending in with the neighborhood. There should not be so many variances in an initial platting stages, and this is a big issue which must be resolved. Chair Droste expressed concern that Rosemount Woods would be a misfit being the only business in a residential area, and he asked that the City work with this business. MOTION by DeBettignies to recommend that the City Council deny the requested replat of the Broback Industrial Park because of the inability to make findings in support of the lot width variances. Seconded by Shoe Corrigan. Ayes: Droste, Shoe Corrigan, and DeBettignies. Nays: 0. There being no further business to come before this Commission and upon unanimous decision, this meeting was adjourned at 9:00 p.m. Respectfully submitted, r Dianne G. Quinnell Recording Secretary `y x CIT O F RO S E M O U N T 2875 CITY 145t Street West pil Rosemount, MN Everything's Coming Up Rosemount!! 55068-4997 Phone 612- 4234411 Planning Commission Hearing Impaired 423 -6219 Fax 612 423 -5203 Regular Meeting Minutes April 8, 1997 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, April 8, 1997 at 6:30 p.m. Chairperson William Droste called the meeting to order with members Mark DeBettignies, Jay Tentinger, Kim Shoe Corrigan, and Jeffery Weisensel present. Also in attendance were Community Development Director Dan Rogness, City Planner Rick Pearson, and Intern Troy Bonkowske. Mr. Pearson requested that item 5.A. Sidewalk Signs Update and 5.B. Essential Services Update be added to the agenda. Commissioner DeBettignies requested the minutes from the March 25, 1997 Regular Meeting be amended in the Broback Industrial Park Replat section, at the bottom of page 4, to properly reflect his concern regarding turn lanes onto Diamond Path, rather than CSAH 42. MOTION by Droste to approve the March 25, 1997 Regular Planning Commission Meeting 4I) Minutes, as amended. Seconded by Shoe Corrigan. Ayes: DeBettignies, Tentinger, Droste, Shoe Corrigan, Weisensel. Nays: 0. Department Announcements: Summary of City Council Actions The Commission noted the actions taken at the April 1, 1997 City Council meeting and the dates for the upcoming Council of the Whole Committee meeting and the HRA Senior Housing project groundbreaking. Comprehensive Guide Plan Amendment Process Mr. Pearson explained that the Met Council is standardizing the process for cities to update the Comprehensive Guide Plan and reviewed the proposed outline for this process. Staff will be seeking input from the Planning Commission during this process, which must be completed by December 31, 1998. Commissioners felt this process will be beneficial in educating the public as to the City's goals for expansion and the limitations which may be placed by MUSA. Questions were raised about the storm water management plan, which Mr. Pearson indicated is being worked on by a consultant and Tim Brown, Water Resource Coordinator. Planning Commission Regular Meeting Minutes April 8, 1997 Page 2 Sidewalk Sign Update Mr. Bonkowske reviewed the changes made to the Sidewalk Sign ordinance. The definition is being amended in order to address the issue of "on premise" advertising. Essential Service Facilities Update Mr. Bonkowske reviewed the changes made to the Essential Service Facilities ordinance. The ordinance is limited to electrical substations and municipal facilities only. Due to unknown requirements, petroleum and natural gas facilities have been omitted from the ordinance and will be addressed separately. Also, paragraph C of the initial draft has been removed in its entirety. Spectro Alloys Variance Request Site Plan Review Mr. Pearson summarized the application of Spectro Alloys for setback variances and a site plan review. Mr. Pearson also included a letter, dated April 7, 1997, from Patrick J. Lynch of the DNR, setting forth the DNR's recommendations and approval of the variance request. Mr. Pearson requested that Mr. Lynch's comments be included in the recommendations. Also noted was the unsightly condition of the area and expectations that this plan will present an opportunity for Spectro to clean up the site. Commissioner Shoe Corrigan asked why the conditions for landscaping in a previous application by Spectro were not met and how the City can be assured that Spectro will comply at this time. Mr. Pearson explained that $1200 is held in escrow to ensure that the landscaping would be done, but the City has not pursued compliance by Spectro. Commissioner Weisensel addressed the temporary structures on the property. Mr. Pearson stated the Fire Marshal requested the structures be located closer to the railroad and away from the buildings to allow emergency vehicles access to the property. Chairperson Droste opened the floor to the applicant. Dan Hoklas appeared on behalf of Spectro Alloys. Mr. Hoklas addressed the issue of noncompliance by Spectro on the landscaping. He explained that plantings on the berms died due to soil conditions and difficulties in watering. Spectro has hired a landscaping architect and plans to install an irrigation system. Where initial plans were to landscape only a portion of the property, current plans include landscaping the entire width of the property on TH 55. Mr. Hoklas acknowledged the unsightly condition of the site and indicated that the company is planning a spring cleanup to resolve this condition and bring orderliness back to the system. Presently, aluminum scraps are laid out on the plant grounds. With Spectro's new material handling system, the scrap will be processed as soon as it comes into the plant. The plans are to eventually Planning Commission Regular Meeting Minutes April 8, 1997 Page 3 have no scrap laying on the grounds. Packaging materials which are also stored outside will be sorted and recycled. Commissioner Tentinger inquired about the possibility of an escape of chemicals used on the site. Mr. Hoklas responded that chlorine is used in the process to remove magnesium from the aluminum, resulting in 0 emissions. A safety director is on staff and there are response teams on site to immediately address any concerns. Spectro has future plans for a bulk chlorine system where the chlorine would be stored in underground tanks, thereby reducing safety concerns. Also, Spectro will be replacing old and obsolete equipment, which will also result in safer conditions. Commissioner DeBettignies noted that numerous trailers are located on various locations on the Spectra property. Some of these trailers do not have wheels and are missing axles and are unsightly in appearance. Commissioner DeBettignies inquired as to the purpose of these trailers and if they are permanent. Mr. Hoklas indicated the trailers are used for storage purposes and are considered permanent. Once again, the spring cleanup planned by Spectro will bring orderliness back to the system and Spectro will make an effort to keep the trailers in the best shape possible. Spectro will take steps to screen the trailers from view. Commissioner Droste emphasized the importance of the appearance of the Spectro site. If vegetation is lost, it is expected that it will be replaced. Commissioner Droste pointed out missing siding on one of the buildings. Mr. Hoklas indicated this would be repaired. Mr. Hoklas discussed the various plant improvements anticipated by Spectro Alloys in detail. Commissioner Droste informed Mr. Hoklas that it is the expectation of the Planning Commission that the cleanup and repairs would be done. Commissioner Droste further inquired about plans for the storm water run off. Mr. Hoklas indicated that Spectro started the storm water plan five years ago and that the plans shown relate to existing conditions. Commissioner Shoe Corrigan asked whether the new materials handling system which is part of the 1997 construction project would resolve the problem with junk spilling over the bluff. Presently there is debris falling over the bluff line. Mr. Hoklas responded that the processing system will help with this problem, as well as a berm wall along this area. Mr. Hoklas acknowledged that management problems contributed to this problem with debris over the bluff, and that Spectro will take steps to clean this up. Commissioner Droste inquired as to Spectro's goals in eliminating the aluminum scraps and packaging materials from the ground. Mr. Hoklas indicated Spectro's 1997 goal is to reduce the amount of these materials on the ground by 50 Spectro has already commenced with some of the cleanup. A portion of the labor force has been shifted to cleanup. Spectro expects to have the major part of the cleanup completed in three weeks. Planning Commission Regular Meeting Minutes April 8, 1997 Page 4 Chairperson Droste opened the public hearing to the public. There were no comments. MOTION by Droste to close the Public Hearing. Seconded by DeBettignies. Ayes: Tentinger, Droste, Shoe Corrigan, Weisensel, and DeBettignies. Nays: 0. Chairperson Droste recessed the Planning Commission hearing and opened the Board of Appeals and Adjustments. Commissioner Tentinger inquired as to any complaints received by City Staff concerning the Spectro project. Mr. Pearson noted the Fire Marshal has responded to incidents at the site, but he was not aware of any other complaints. The Fire Marshal has reviewed the proposal by Spectro and feels there is sufficient room to maneuver emergency vehicles. Emergency vehicles have access on the south, west and north sides, however, access is not available on the east side along the railroad tracks. Mr. Pearson indicated that Spectro has no sprinkler system and currently does not meet code. There will be additional requirements placed upon Spectro at the time it applies for a building permit. The Commissioners asked what recourse the City would have if Spectro does not comply with the landscaping requirements and cleanup. Mr. Pearson indicated the process for code enforcement involves identifying the problem, issuing a warning, and eventually obtaining a misdemeanor charge against the company. The preferable way, however, in handling noncompliance situations is to work with the owner directly and avoid a confrontational approach. MOTION by Tentinger to grant the variances to yard and bluff line setbacks as requested by Spectro Alloys Corporation in accordance with the findings prepared by City Staff, as required in Section 15.2 of the Zoning Ordinance. Seconded by Weisensel. Ayes: Droste, Shoe Corrigan, Weisensel, DeBettignies and Tentinger. Nays: 0. Chairperson Droste closed the Board of Appeals and Adjustments and reconvened the Planning Commission hearing. A discussion ensued regarding the two wells located upon the subject property. Mr. Hoklas indicated the wells are not used for potable purposes and that bottled water is provided throughout the plant. Commissioners further discussed the differences between a conservation easement and a restrictive covenant and which would be most beneficial in protecting the bluff line setback area. This area is already protected by the variance. A conservation easement, however, would set this area aside and place the restrictions of record. In addition, the filing of an easement would serve as notice to any subsequent purchasers that they must obtain a variance for any improvements in this area. MOTION by Shoe Corrigan to approve the site plan for Spectro Alloys Corp. Subject to: 1) granting of yard and bluff line setback variances as required; 2) provision of landscaping as specified in the RLK drawing in section 6 of the project update II booklet with the plantings and berming Planning Commission Regular Meeting Minutes April 8, 1997 Page 5 occurring outside of the Th 55 right -of -way; 3) incorporation of comments and recommendations of Patrick Lynch, Minnesota DNR, in his April 7, 1997 letter, regarding a storm water management plan, erosion control measures and a conservation easement for the balance of the 40' bluff setback; 4) approval of an erosion control plan by the Department of Public Works; 5) approval of the Minnesota Department of Transportation as required, 6) conformance with all applicable building and fire codes; and 7) recording of a revised plat which contains a conservation easement for the balance of the 40 foot bluff setback. Seconded by DeBettignies. Ayes: Shoe Corrigan, Weisensel, DeBettignies, Tentinger and Droste. Nays: 0. Endres Processing Variance Request Site Plan Review. Mr. Pearson presented a summary of the site plan proposal by Endres Processing Ltd. for a 56,000 sq.ft. building, together with a variance request for the alteration of a bluff line to facilitate the construction of a driveway. Mr. Pearson also included a letter from Patrick J. Lynch, dated April 7, 1997, setting forth the DNR's recommendations. The DNR has reviewed this proposal and does not object to the proposed building and future expansion areas, indicating the proposal is designed with sensitivity to the bluff areas. Grading for driveway purposes will affect secondary bluffs and this impact to the bluff areas is relatively minor. The DNR concerns involved proper erosion control, additional soil analysis and perc tests to determine suitability for on -site septic system, landscaping which will incorporate more native plant species and include native grasses, and potential development of the railroad spur. Mr. Pearson indicated this site plan meets the City's standards. There was a discussion concerning the railroad spur and whether this issue should be dealt with at a later time in joint discussions with the DNR. Chairperson Droste opened the meeting to the public. Eric Christianson, Rutledge Construction, appeared on behalf of Endres Processing. Mr. Christianson indicated that the railroad spur is an important issue for Endres and that it should be included in the overall plan. Commissioner Shoe Corrigan inquired about the DNR's concerns regarding the side slopes which would be created in development of the railroad spur. Mr. Christianson indicated these concerns have been worked into the design of the site. The DNR will be involved in the development and approval of the railroad spur and Endres will work with the DNR in developing an acceptable plan. Leon Endres, Endres Processing Ltd., indicated that, if the railroad spur is not available, Endres will choose another location for its facility. Mr. Endres is comfortable that this can be worked out with the DNR. It is anticipated that construction of the rail site will take place within two years. There was a discussion on procedures for approvals, with and without inclusion of the railroad spur issue, and involvement of the DNR in decisions and for appeals. Planning Commission Regular Meeting Minutes April 8, 1997 Page 6 Commissioner Shoe Corrigan indicated she supports the plan and the rail spur, if acceptable by the DNR. The proposed plan makes good use of the land and places minimal impact on the environment. Commissioner Weisensel asked whether additional structures will be necessary after the rail spur is put in. Mr. Endres explained the elevation for the rail spur would be below that of the building and that there would be conveyors or augers to the building for loading and unloading. Commissioner Shoe Corrigan inquired as to the status of approval of the septic system. Mr. Pearson indicated approval has not yet been obtained but felt it unlikely it would not be approved. Mr. Christianson indicated the perk tests have been done and the proposed design has been submitted. Chairperson Droste opened the meeting to the public. This was no comment. MOTION by Droste to close the public hearing. Seconded by Tentinger. Ayes: Weisensel, DeBettignies, Tentinger, Droste, and Shoe Corrigan. Nays: O. Chairperson Droste recessed the Planning Commission hearing and opened the Board of Appeals and Adjustments. MOTION by Tentinger to grant the variance to bluff protection requirements specified in the Mississippi River Critical Corridor overlay District for the driveway and site improvements near the southwest corner of the building for the Endres Processing Ltd. site plan in accordance with the findings prepared by City Staff, as required by Section 15 of the Zoning Ordinance. Seconded by DeBettignies. Mr. Pearson added that, in addition to the driveway, the variance also needed to include the rail spur area on the northwest side. To the extent feasible, construction of the rail spur would be planned to have the least amount of alteration to the bluff lines. MOTION by Tentinger to amend the previous motion to grant the variance to bluff protection requirements specified in the Mississippi River Critical Corridor overlay District for the driveway and site improvements near the southwest corner of the building for the Endres Processing Ltd. site plan and for the railroad spur to be located on the northwest side of the proposed building, in accordance with the findings prepared by City Staff, as required by Section 15 of the Zoning Ordinance. Seconded by DeBettignies. Ayes: DeBettignies, Tentinger, Droste, Shoe Corrigan, and Weisensel. Nays: 0. Chairperson Droste closed the Board of Appeals and Adjustments and reconvened the Planning Commission hearing. Commissioners reviewed the DNR's concerns and noted the desire that native grasses and plant species be included and that Endres take reasonable measures to ensure minimum impact on the bluff area, relative to DNR comments. Planning Commission ,Regular Meeting Minutes April 8, 1997 Page 7 MOTION by Tentinger to approve the site plan for Endres Processing Ltd. Subject to: 1) variance(s) to the bluff protection requirements of the Mississippi River Critical Corridor Overlay District standards; 2) planting of boulevard trees along the TH 55 right -of -way on fifty foot centers; 3) obtaining well permits including the Department of Health and the Department of Natural Resources appropriation permits; 4) no site lighting shall be cast upon adjacent properties, right -of- way or the MRCC; 5) approval of an erosion control plan by the Department of Public Works and the Dakota County Soil and Water Conservation District; 6) conformance with all applicable building and fire codes; 7) incorporation of comments and recommendations of Patrick Lynch, Minnesota DNR, in his April 7, 1997 letter, regarding erosion control measures, additional soil analysis and perc tests for suitability of on -site septic systems, and landscaping plan be modified to include more native plant species and that native grasses replace sod wherever possible, and 8) reasonable measures be taken to mitigate the detrimental impact on the protected bluff area by construction of the rail spur. Seconded by Droste. Ayes: Tentinger, Droste, Shoe Corrigan, Weisensel, and DeBettignies. Nays: 0. There being no further business to come before this Commission and upon unanimous decision, the meeting was adjourned at 10:05 p.m. Respectfully submitted, Dianne G. Quinnell Recording Secretary 11/ CITY OF RO S E M O U N T CITY HALL 2875 —145th street West Rosemount, MN Everything's Coming Up Rosemount!! 55068 -4997 Phone: 612 423 -4411 Hearing Impaired 423 6219 Planning Commission Fax :612- 423 -5203 Regular Meeting Minutes April 22, 1997 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, April 22, 1997 at 6:30 p.m. Chairperson William Droste called the meeting to order with members Mark DeBettignies, Jay Tentinger, Kim Shoe Corrigan, and Jeffery Weisensel present. Also in attendance were City Planner Rick Pearson, Civil Engineer Doug Litterer, and Intern Troy Bonkowske. Mr. Pearson requested that item 7D Bituminous Roadways Mineral Extract Permit Renewal be pulled from the Agenda and continued to the next Planning Commission meeting. Additionally, Mr. Pearson clarified that item 7B Paula Tim Vraa Variance Request will be decided by the Board of Appeals and Adjustments rather than the Planning Commission. MOTION by DeBettignies to approve the April 8, 1997 Regular Planning Commission Meeting Minutes. Seconded by Droste. Ayes: DeBettignies, Tentinger, Droste, Shoe Corrigan, Weisensel. Nays: 0. Department Announcements: Summary of City Council Actions Commissioners noted the actions taken by the City Council. Commissioner Shoe Corrigan requested that Commissioners be provided with a copy of the final Sidewalk Signs Ordinance. Department Announcements: Volunteers for Task Force and Committee Commissioners Tentinger and DeBettignies volunteered as appointees on the CSAH 42 Corridor Study Advisory Committee. Commissioners Shoe Corrigan and Weisensel volunteered to be members of the Wetland Planning Task Force. Chairperson Droste recessed the Planning Commission meeting. Public Hearing: Hampton Development Planned Unit Development Concept Plan Chairperson Droste opened the public hearing for the Hampton Development Planned Unit Development Concept Plan. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson provided an overview of the planned unit development proposed by Hampton Development Corporation. The development consists of three different types of dwelling units, Planning Commission Regular Meeting Minutes April 22, 1997 Page 2 including 11 single family detached homes, 14 twin homes (28 units), and 3 quad buildings (12 units). The Comprehensive Guide Plan designates this area as Urban Residential, limiting density to 2.5 dwelling units per acre. Of the approximately 26 acres, 11.3 acres consist of contiguous open space. The Hampton proposal is under the density requirement, consisting of 1.86 dwelling units per acre when including the pond easement, or 2.4 dwelling units per acre when excluding the pond easement but including other open space. One irregular "flag lot" located at the northwest corner of the development will require a variance. Commissioners commented on the 75 foot right -of -way easement along 160th St., the reasoning for the placement of a twin home by a single family dwelling, and options to eliminate the odd shaped lot. Chair Droste opened the floor to the applicant. Jim Allen appeared on behalf of Hampton Development Corporation. In response to Commissioners' questions, Mr. Allen explained that twin homes are placed next to single family homes at the planner's recommendations and for density purposes. The twin homes have full basements. The single family homes will be priced at approximately $150,000 the twin homes at $130,000+ per unit, and the quads at $125,000+ per unit. As concerns the "flag lot," this lot remains after failure to negotiate a sale to the Westridge developer. The house to be located upon this lot will not face the property to the south and, depending upon grading, may be a walkout. There are presently no plans for the open area. Commissioner Tentinger pointed out a twin home located south of the cul -de -sac area, next to single family homes. Mr. Allen indicated he would be willing to consider the possibility of placing a single family home on this lot. The actual positions of the homes will be dependent upon pipe location and the street layout. Commissioner Shoe Corrigan asked why it is not feasible to substitute single family homes for the multiple units. Mr. Pearson explained the developer has a reasonable expectation for 2.5 dwelling units per acre. If the plan were revised to include only single family homes, it would reduce the dwelling units from 50 to approximately 43. Mr. Pearson explained the concept review process and the expectation that questions concerning density transfer and street designs will be resolved during the preliminary plat process. Mr. Pearson further explained Hampton Development is not bound to use proposed plans of other developers who did not acquire the land. Chair Droste opened the floor to the public. Jim Burkhardt, 4160 158th St. West, spoke on behalf of residents on Dakota Drive and 158th Street. Mr. Burkhardt referred to the West Ridge plat drawing and proposed future development in the area. The residents purchased their homes based upon this representation. It was their desire to get away from density housing. Based upon a 1990 land use plan, higher density creates safety issues. With additional traffic on Danville and 158th, and the widening of 160th Street, safety is an issue. Mr. Planning Commission Regular Meeting Minutes April 22, 1997 111 Page 3 Burkhardt further stated that, statistically, pursuant to realtors, multiple family homes lower property values. The quiet nature of this neighborhood would be changed. Mr. Burkhardt also asked why the open area was enlarged and what happened to the 1993 development plan of Hampton. Mr. Burkhardt requested the proposal by Hampton Development Corporation to rezone the property to R -2 be denied, and he presented a Petition signed by the homeowners. Ken Romfo, 15682 Crystal Court, pointed out that a developer does not have to push to the limit of 2.5 dwellings per acre just because City regulations permit it. Also, Mr. Romfo stated he does not believe a townhouse association will maintain the pond area because of the cost involved. Dana Werner, 4215 157th St. W., asked the developer's plans concerning the two single family homes located at the end of 157th Street. This site has a steep grade and will require substantial fill. Mr. Werner is concerned about the numerous children in this area and the safety issues that would arise with large trucks hauling fill to this site. Also, he wants additional meetings to discuss the grading. He would prefer that the contractor not be allowed to use 157th Street. Mr. Werner would also prefer a single family dwelling backed up to the cul -de -sac area. Additionally, Mr. Werner's concerns involved the 75' right -of -way easement on 160th St., safety issues resulting from access to 160th St., maintenance of the pond area by the homeowner's association, maintenance of the large "flag lot" by the homeowner, and the multi level quad units. Nick Kootsikas, 4225 158th St. W., asked whether a wildlife impact study has been done and whether the DNR has bee contacted. Mr. Kootsikas also noted the potholes and poor condition of 160th Street, creating safety concerns. Mr. Litterer responded that the DNR will not be involved in this matter and the City will repair the potholes. Dan Braton asked whether the odd shaped lot could be made into a park and preferred to see the multiple dwellings separate from the single family homes. Mr. Braton was also concerned about traffic off 160th Street. Mr. Pearson responded that the Park Recreation Committee met to discuss development and concluded there would be no recommendation for additional parks in this area. There were further questions from the audience regarding the right -of -way for 160th Street. Mr. Pearson and Mr. Litterer responded to the questions and indicated the plans for improvements on 160th Street were not final. Bruce Anthony, 4195 158th St. W., stated the multiple family dwellings are not consistent with the neighborhood and the developer should work out a plan with just single family homes. Chris Schonhardt, 15704 Crystal Path, noted his concerns about the water level of the pond. He has noticed large fluctuations in the water level and wondered if the developer's plan takes into consideration the runoff from the homes built across Shannon Parkway. Planning Commission Regular Meeting Minutes April 22, 1997 Page 4 Mr. Litterer explained the possibility of a lift station and described how the pond area is part of a network of storm sewers. Commissioner DeBettignies explained further that the grading, runoff and other questions would be resolved at future meetings. Bruce Payne, 15078 Crystal Path, has a problem with the multiple family home concept, which he feels generates more police calls. Mr. Payne is also concerned about the amount of fill required in the cul -de -sac area and the effect of development on the water level. Cindy Spindler, 4202 157th St., inquired about the lot located north of the planned development. Donna Schomaker, 15717 Crystal Path, feels another plan can be drawn up consisting of only single family homes. Her home is adjacent to the quad units and she feels the view of such units will lower her property value. Leo Hill, 4221 W. 157th St., asked whether any traffic studies have been done. Also, Mr. Hill felt notices of public hearings concerning development in this area should be sent to property owners within 500 feet of the property rather than 350 feet. Mr. Pearson explained the 350 foot mailing radius is City policy and consistant with state statute. Carl Osterhaus, 4165 158th St., stated it is important to maintain the strong sense of community. In a recent telephone survey, approximately 70% of Rosemount residents stated their reason for living in Rosemount is due to Rosemount's strong sense of community. This is an established neighborhood. Mr. Osterhaus understands that a developer needs to make money on its investment; however, something should be worked out to preserve the community. Chairperson Droste recessed the public hearing at 8:40 p.m. for 5 minutes. Commissioners discussed fees assessed to the developer for improvements to 160th St., changing the quad units to single level, tree preservation, responsibility for care of the open area, routing of traffic, sidewalks, sloping on 157th St., and screening for buffer purposes along 160th St. MOTION by Droste to close the Public Hearing. Seconded by Tentinger. Ayes: Tentinger, Droste, Shoe Corrigan, Weisensel and DeBettignies. Nays: 0. Commissioner Shoe Corrigan commented she has a problem with the twin homes located next to single family homes. The developer's plan is solely an attempt to achieve more density. The developer should bring something forward which is more consistent with the surrounding area. There are problems with the pond area, trees, noise, possible variances, and the panhandle lot. More thought needs to be put into the pond area and its ownership by the landowner. Commissioner Shoe Corrigan is not in favor of the plan. Planning Commission Regular Meeting Minutes April 22, 1997 Page 5 Commissioner Tentinger is concerned about safety issues and the effect this development plan would have upon property values. This plan does not fit with the neighborhood. Commissioner DeBettignies feels the issues need to be answered. The plan is inconsistent with the surrounding area. There should be further investigation into other concepts. Commissioner Droste is not in favor of the concept plan. The quad units on the ridge do not fit. There is public concern about protecting the integrity of the single family home. Commissioner Weisensel agrees with the findings prepared in support of the concept plan. Density is consistent with the Comprehensive Guide Plan. Diversity is consistent with the City's need to provide housing. Commissioner Weisensel acknowledged there are safety issues and issues with the "flag lot," however, is agreeable to a variance. Commissioner Weisensel is supportive of the proposal. MOTION by Shoe Corrigan that the Planning Commission recommend that the City Council not approve the Concept for the Hampton Development Planned Unit Development. Seconded by Droste. Ayes: Droste, Shoe Corrigan, DeBettignies, and Tentinger. Nays: Weisensel. Chairperson Droste opened the Board of Appeals and Adjustments. Public Hearing: Paula Tim Vraa Variance Request. Chairperson Droste opened the public hearing for the variance request of Paula and Tim Vraa. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson presented a summary of the Vraas' request for a variance. The Vraas wish to build a home upon property which has no frontage on a public street or right -of -way. Access to a public street is required for a building permit. There is presently a driveway running north from Danbury Way along the western edge of the property, bordering the Valleywood Golf Course. The property is subject to an easement for driveway purposes granted to Mike Mickelson. The Vraas' variance request is similar to the variance granted to Mike Mickelson for property located just north of the golf course, which is accessed by the driveway easement. The City of Apple Valley has offered the City of Rosemount an easement for access to this property. Rosemount Public Works and the City Attorney have reviewed and approved this offer. 0 There was a discussion concerning future expansion in this area and assessments for the cost of any improvements. Chairperson Droste opened the floor to the applicants. Planning Commission Regular Meeting Minutes April 22, 1997 Page 6 Paula and Tim Vraa were present at the meeting, represented by their attorney, Bruce Malkerson. Mr. Malkerson presented additional background information concerning the property and Mr. Mickelson's non exclusive easement. Chairperson Droste opened the floor to the public. Mike Mickelson explained how he installed the driveway prior to the sale of the golf course property to Apple Valley. Mr. Mickelson retained an easement for driveway purposes. Three 2'/2 acre lots were developed. Danbury Way was required for access to the lots. Mr. Mickelson paved the driveway and has since maintained it. Sue Duggan, 4180 120th St. W., owned 20 acres, and gave the subject 5 acres to Paula Vraa, her daughter. There are no plans to develop the remaining lot located east of Vraas' lot. MOTION by Droste to close the public hearing. Seconded by Weisensel. Ayes: Shoe Corrigan, Weisensel, DeBettignies, Tentinger, and Droste. Nays: 0. There was further discussions concerning the possibility of future development requiring improvements to the easement and access to the properties by emergency vehicles. Commissioner Tentinger indicated to both the applicants and to Mr. Mickelson that, if in the future the City decides to upgrade this easement, the landowners must be aware they may be assessed the cost for such improvements. MOTION by Droste to grant a variance to Section 4.2 Lot Provisions of the Zoning Ordinance for the Vraa property (PIN 34- 0180 010 -31) subject to: 1) direct access must be provided to the property via an easement for public access in a form acceptable to the City Attorney and the Public Works Department; 2) conformance with all other applicable building, fire and zoning requirements residential use of the property; and 3) rezoning the property from Agriculture to Rural Residential in conformance with the Comprehensive Guide Plan. Seconded by Weisensel. Ayes: Weisensel, DeBettignies, Tentinger, Droste, and Shoe Corrigan. Nays: 0. Chairperson Droste closed the Board of Appeals and Adjustments and reconvened the Planning Commission hearing. Public Hearing: AAA Auto Salvage Planned Unit Development Plan. Chairperson Droste opened the public hearing for the AAA Auto Salvage Planned Unit Development Plan. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Planning Commission Regular Meeting Minutes April 22, 1997 Page 7 Mr. Pearson presented the final development plan of AAA Auto Salvage, consisting of a new building, multiple uses, and the combination of several parcels into one. The business is expanding to provide a self-service feature. Mr. Pearson reviewed the site plan and building plan maps. The site will meet the green space requirements with an additional 25 foot setback along the eastern edge. Chairperson Droste opened the floor to the applicant. Jerry Anderson, owner of AAA Auto Salvage, was present. In response to Commissioners' questions, Mr. Anderson indicated the new fencing would be metal chain link with slats. The new driveway is positioned to align with a drive -thru service and to allow traffic to flow to the loading dock. The existing buildings will be leased out. Mr. Anderson explained that it is critical to his business to maintain sufficient inventory and that the 25 foot setback requested by the City for green space would reduce the space he needs to store inventory. Mr. Anderson described the landscaping already done, which he believes exceeds what is required. He expects to add to the existing landscaping. Additionally, as concerns the requirement for curb and gutter, Mr. Anderson requested that it be required only on the front entry and corners, and eliminated along the parking lot. MOTION by Droste to close the public hearing. Seconded by Tentinger. Ayes: DeBettignies, Tentinger, Droste, Shoe Corrigan, and Weisensel. Nays: 0 Commissioner Droste inquired about the curb and gutter requirement. Mr. Pearson explained that a variance would be needed to exclude this requirement. There was an extensive discussion concerning the green space requirement. Without the 25 foot setback, AAA would be approximately '/2 acre short in green space. To avoid reduced inventory storage space, AAA offered to do additional landscaping as a trade -off for the reduced green space. Mr. Pearson explained that a variance cannot be granted for economic reasons. Mr. Anderson presented pictures of the site to show the open areas in the storage area which would serve to manage storm water on site. Commissioner Shoe Corrigan felt the green space requirement is important and would not support a trade -off to allow a reduction in the minimum green space requirement. MOTION by Droste to direct Staff to produce findings in support of a variance from the green space requirement of Section 7.1 of the Zoning Regulations and permitting a trade -off of increased landscaping in lieu of the reduced green space. Seconded by Weisensel. Ayes: Tentinger, Droste, Weisensel, and DeBettignies. Nays: Shoe Corrigan. MOTION by Droste to recommend approval of the General Industrial Planned Unit Development for AAA Auto Salvage subject to: 1) recording of a plat combining the thirty acres into one lot with right -of -way dedicated and driveway issues addressed as required by Dakota County as well as modification of the site plan to eliminate any setback encroachments that may result; 2) curb and Planning Commission Regular Meeting Minutes April 22, 1997 Page 8 gutter must be installed along all parking lot and driveway exterior edges, and curb stops must be installed to channel interior parking areas; 3) proof of parking and access agreements or covenants guaranteeing sufficient access and parking to all uses established in the PUD; 4) the perimeter must be enclosed by a fence 8 ft. Tall to screen the property from dissimilar uses; 5) incorporation of comments/ recommendations related to charges, fees, grading and easements indicated in Bud Osmundson's 9 -18 -96 correspondence; and 6) conformance with all applicable building and fire codes. Seconded by Shoe Corrigan. Ayes: Droste, Shoe Corrigan, Weisensel, DeBettignies, and Tentinger. Nays: 0. Public Hearing: Bituminous Roadways Mineral Extract Permit Renewal Chairperson Droste opened the public hearing for the Bituminous Roadways Mineral Extract permit renewal. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. MOTION by Droste to continue the public hearing on the request of Bituminous Roadways for a Mineral Extract Permit Renewal to May 13, 1997. Seconded by DeBettignies. Ayes: Shoe Corrigan, Weisensel, DeBettignies, Tentinger, and Droste. Nays: 0. There being no further business to come before this Commission, upon MOTION by DeBettignies, seconded by Droste, and upon unanimous decision, the meeting was adjourned at 11:25 p.m. Respectfully submitted, Dianne G. Quinnell Recording Secretary 1 s 6 e CITY OF RO S E M O U N T 2875 C 14 5 t h Street West Rosemount, MN Everything's Coming Up Rosemount!! 55068 4997 Planning C ommission Phone i 2- 423 -4411 g Hearing ng Impaired 423 -6219 Regular Meeting Minutes May 13, 1997 Fax 612-423-5203 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, May 13, 1997 at 7:10 p.m. Chairperson William Droste called the meeting to order, with members Mark DeBettignies, Jay Tentinger, Kim Shoe Corrigan, and Jeffery Weisensel present. Also in attendance were Community Development Director Dan Rogness, City Planner Rick Pearson, and Civil Engineer Doug Litterer. The Regular Meeting followed a Worksession concerning the Hampton Development PUD Concept Plan. Planning Commission members and City Staff toured the proposed site, followed by a round table discussion at City Hall. In addition to Planning Commission members and City Staff, the developer and Jim Burkhardt, representing the area residents, participated in the discussions. Many of the issues that had been identified at the public hearing were discussed in great detail and City Staff addressed many of those issues. The developer presented a revised concept plan that showed 17 single family lots and 10 twinhomes (20 units). The plan generated a favorable response from the Planning Commissioners. Chairperson Droste proceeded to the Public Hearings portion of the meeting and indicated that agenda items 3 and 4 will be addressed later in the meeting. KinderCare Learning Centers, Inc. Site Plan Review Chairperson Droste opened the public hearing for the KinderCare Learning Centers Site Plan Review. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson presented a review of the Site Plan for the KinderCare facility to be located on the McNamara property along Shannon Parkway, south of CSAH 42. The site will have access from 151st Street West and a shared driveway with Walgreens to Shannon Parkway. The site consists of a colonial style single story building with brick and composite siding, and includes plantings which exceed ordinance requirements. The site plan proposal presents an attractive building and site orientation and provides a good transition between the existing residential uses and anticipated commercial development. Mr. Pearson noted the following items of concern: (a) the walkway in the front of the building should be extended to the anticipated sidewalk on the north side of 151st Street, (b) the two sets of double doors facing Shannon Parkway may require treatments for aesthetic purposes, (c) the PUD requires the building to be faced with 50% brick and lap siding is prohibited, necessitating the site plan to either be changed to include additional brick and material substitutions or an amendment to the PUD, (d) additional hedge or other plantings are required along Shannon Parkway to meet the minimum 90% opacity (e) the monument and shrubs on the northwest corner will have to be moved for visibility purposes in the "sight triangle" area, and (0 the catch basin located in the rear yard near the northwest corner should be placed outside the fenced area. Chairperson Droste opened the floor to the applicant. Present were David Dalquist of RLK- Kuusisto, Ltd. and James Goldberg of and Bob Forrest of KinderCare. Planning Commission Regular Meeting Minutes May 13, 1997 Page 2 Mr. Dalquist indicated that KinderCare would not object to adding additional brick and replacing the lap siding on the building with another suitable material, in addition to making any necessary modifications as requested by the City. Discussions continued concerning the 90% opacity requirement along Shannon Parkway. The proposed vinyl fence and hedge do not meet that requirement. Noise will not be an issue because the facility is opened only during weekday hours. There will be various types of playground equipment, grouped according to the different age groups. Lighting will be in the parking lot only. Commissioners suggested that, for consistency, the proposed green vinyl fence should be changed to a black vinyl fence to match the black shutters on the building. Chairperson Droste opened the public hearing. Roger Wharton, 15011 Derby Circle asked about the connection of 151st Street with Dodd Blvd. and expressed his concerns about increased traffic and speeding. Mr. Pearson explained that future plans to change Dodd Blvd. Must be approved by Apple Valley and Rosemount. Mr. Litterer added that the police are presently looking into the traffic violations in this area. MOTION by Tentinger to close the public hearing. Seconded by Weisensel. Ayes: DeBettignies, Tentinger, Droste, Shoe Corrigan, and Weisensel. Nays: 0 There were further discussions concerning the 90% opacity shortfall. Commissioner Shoe Corrigan suggested lilacs and larger shrubs in this area, together with alternating trees. A variety of trees should be considered in case a disease wipes out a certain species. Commissioner Droste recommended pine trees in the areas affected by the lights. Commissioners agreed that the selection of plantings should be decided between the developer, owner, and City staff. Commissioners also agreed there should be consistency in the color scheme and that the vinyl fence should be black to match the shutters on the building. MOTION by DeBettignies to approve the site plan review for KinderCare subject to: 1) Modification of the building exterior to include an additional 735 sq. ft. of brick, provide a substitute for lap siding and enhance the double doors on the western elevation; 2) Modification of the proposed landscaping along Shannon Parkway as directed by City staff, the developer, and the owner, preserve the sight triangle and diversify the specified tree varieties, and ensure consistency in the fence and trim color; 3) Provision of a lighting plan and conformance with related ordinance requirements to protect adjacent properties, rights -of -way, and residential districts from light glare; 4) Extend the front walkway to the sidewalk along 151st Street West; 5) All related off -site driveways must be built by either KinderCare or the Chippendale/42 Partnership; 6) Incorporation of 4110 recommendations relative to grading, public streets, public utilities and public easements/right-of ways as identified by the Public Works Department; 7) Developer (KinderCare) must make payment to the City for the following when applying for the Building Permit: a) Storm Water Connection Charge (STAC) of $2,820 per impervious acre (current estimate 0.87 acres x $2,820 $2,453); b) 1997 Metro SAC charge of $950 per SAC unit as determined by MCES; c) 1997 City SAC charge of $1,245 per SAC unit as determined by MCES; and d) 1997 City WAC charge of $4,160 based Planning Commission Regular Meeting Minutes May 13, 1997 Page 3 upon preliminary plans showing a 11/2" water service; and 8) Conformance with all applicable building and fire codes. Seconded by Droste. Ayes: Tentinger, Droste, Shoe Corrigan, Weisensel, and DeBettignies. Nays: 0 Kelly McGivern -Lot Combination Chairperson Droste opened the public hearing for the Kelly McGivern Lot Combination application. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson informed the Commission that it appears Parkview, Inc. is the fee owner of Outlot A. The City wants to verify that it has an easement in place and sort out issues prior to proceeding with this matter. Mr. Pearson requested that the matter be continued for two weeks. Chairperson Droste opened the floor to the public. There were no comments. MOTION by Droste to continue the public hearing until May 27, 1997. Seconded by DeBettignies. Ayes: Droste, Shoe Corrigan, Weisensel, DeBettignies, and Tentinger. Nays: 0 Bituminous Roadways /Otto Ped- Mineral Extraction Permit Chairperson Droste opened the public hearing for the Bituminous Roadways Mineral Extraction Permit application. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson presented the application by Bituminous Roadways for a Mineral Extraction Permit Renewal. Mr. Pearson explained that Bituminous will maintain the operation this year and no changes are proposed. If there are any changes in the permit as it is now structured, it will be necessary for Bituminous to come back for review and approval. Chairperson Droste opened the floor to the public. There were no comments. MOTION by Droste to close the public hearing. Seconded by Tentinger. Ayes: Shoe Corrigan, Weisensel, DeBettignies, Tentinger, and Droste. Nays: 0 Chairperson Droste opened the floor to the Commissioners. Commissioner Tentinger noted previous problems with after -hour access. Mr. Pearson indicated that issue was resolved. MOTION by Droste to recommend that the City Council renew the mineral extraction permit for the Ped property subject to conditions of operation for 1997 as may be modified. Seconded by DeBettignies. Ayes: Weisensel, DeBettignies, Tentinger, Droste, and Shoe Corrigan. Nays: 0 Planning Commission Regular Meeting Minutes May 13, 1997 Page 4 University Addition Parcel Split by Dakota County Chairperson Droste opened the public hearing for the subdivision of Outlot C University Addition. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson presented the request by Dakota County concerning the subdivision of Outlot C University Addition for the purpose of acquiring right -of -way on CSAH 42 at the intersection of Biscayne Avenue. The purpose of this acquisition is to improve visibility at the intersection. Chairperson Droste opened the floor to the public. There were no comments. MOTION by Tentinger to close the public hearing. Seconded by Weisensel. Ayes: DeBettignies, Tentinger, Droste, Shoe Corrigan, and Weisensel. Nays: 0 There was further discussion concerning alternation of the roadway and grading. MOTION by Droste to recommend that the City Council approve the subdivision of Outlot C University Addition for CSAH 42 right -of -way acquisition. Seconded by DeBettignies. Ayes: Tentinger, Droste, Shoe Corrigan, Weisensel, and DeBettignies. Nays: 0 Chairperson Droste suspended the Regular Meeting at 8:15 p.m. for presentation of a plaque to past Commissioner, Patrick McDermott. Mr. Pearson presented the plaque to Mr. McDermott, along with gratitude for his years of service. The Regular Meeting reconvened at 8:20 p.m. MOTION by DeBettignies to approve the April 22, 1997 Regular Planning Commission Meeting Minutes. Seconded by Tentinger. Ayes: Droste, Shoe Corrigan, Weisensel, DeBettignies, and Tentinger. Nays: 0 Department Announcements Commissioners noted the actions taken by the City Council and the new Sidewalk Signs Ordinance. Mr. Pearson announced that Intern Troy Bonkowske has taken an intern position at Centerville, Minnesota, commencing May 12. Planning Commission Regular Meeting Minutes May 13, 1997 Page 5 1111 There being no further business to come before this Commission, upon MOTION by Droste, Seconded by Weisensel, and upon unanimous decision, the meeting was adjourned at 8:40 p.m. spectfully s a,. misted, Dianne G. Quinnell Recording Secretary 411 DRAFT C ITY OF RO S E M O U N T 2875 C 145t H A Street West Rosemount, MN 55068 -4997 Everything's Coming Up Rosemount!! Planning Commission Phone: 612 -ez3 44t g Hearing Impaired 423 -6219 Regular Meeting Minutes May 27, 1997 Fax 612- 423 -5203 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, May 27, 1997 at 6:30 p.m. Chairperson William Droste called the meeting to order with members Kim Shoe Corrigan and Jeffery Weisensel present. Absent were members Mark DeBettignies and Jay Tentinger. Also in attendance were Community Development Director Dan Rogness, City Planner Rick Pearson, and Civil Engineer Doug Litterer. There were no additions or corrections to the agenda. MOTION by Weisensel to approve the May 13, 1997 Regular Planning Commission Meeting Minutes. Seconded by Shoe Corrigan. Ayes: Droste, Shoe Corrigan and Weisensel. Nays: 0. Motion carried. Department Announcements: Summary of City Council Actions Commissioners noted the actions taken by the City Council. Mr. Rogness provided additional information concerning the MNRRA Grant. New Business: Heritage Development Final Plat Mr. Pearson presented the Final Plat for the first phase of the Geronime Pond development. This first phase consists of mostly single family detached homes located adjacent to the Winds Crossing and Valley Oaks neighborhoods and the Shannon Pond East development. A separate final plat will be submitted at a later date for the twin homes to be constructed in the second phase of this development. There was discussion concerning upgrades to the park, landscaping, and the bike trail. MOTION by Shoe Corrigan to recommend that the City Council approve the final plat for Geronime Pond subject to the execution of a subdivision development agreement to secure public infrastructure, park dedication, GIS and other development related fees. Seconded by Weisensel. Ayes: Shoe Corrigan, Weisensel, and Droste. Nays: 0. Motion carried. New Business: Growth Estimates from Met Council Mr. Rogness summarized the information generated by the Met Council pertaining to growth estimates for Rosemount. Mr. Rogness presented additional reports on residential building permits issued in 1996 in the metropolitan area, including comparisons between the counties and cities. In comparisons between the metropolitan cities, Rosemount placed tenth in the number of multifamily building permits issued. In 1996, Rosemount issued building permits for 130 single family units and Planning Commission Regular Meeting Minutes May 27, 1997 Page 2 for 61 multi family units. Related to the Livable Communities Act, Rosemount is behind in its goals established for density and mixture of housing. The information on the Growth Estimates has been provided to the Planning Commission for initial review and will be followed by further discussions as part of the Comprehensive Guide Plan update process. Public Hearing: Rosemount Woods, Inc. Site Plan Review Variance Chairperson Droste opened the public hearing for the Rosemount Woods, Inc. Site Plan Review and variance. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson summarized the Site Plan Review and variance requested by Duane and Diane Michalski, owners of Rosemount Woods, Inc., for expansion of their cabinet shop. The expansion consists of an addition to the rear of the building. The existing building is non conforming in that it has a side yard setback encroachment of five feet on the north side. A variance is needed for the addition to line up with the existing building. Without a variance, the addition will have to be shifted five feet to the south or the plan otherwise modified. Additional landscaping is required by ordinance, plus, if the variance is granted, additional plantings along the north side of the building to buffer the building from the neighboring residential area. Chairperson Droste opened the floor to the applicant. Present was Diane Michalski. Ms. Michalski responded that the five foot jog or other modifications to the plan have not been considered and would have to be discussed with their architect. Ms. Michalski further indicated the additional plantings required by the City are no problem. Chairperson Droste recessed the Planning Commission hearing, opened the Board of Appeals and Adjustments and opened the Public Hearing. Chairperson Droste opened the floor to the public. There were no comments. MOTION by Droste to close the Public Hearing. Seconded by Shoe Corrigan. Ayes: Weisensel, Droste, and Shoe Corrigan. Nays: 0. Motion carried. Commissioner Weisensel commented that the applicants have not shown that they would be adversely affected if the variance is not granted. The purpose for the variance appears to be solely for cosmetic reasons and not due to any hardship to the business. The applicant has the option of changing the layout of the addition or moving the parking lot. Commissioner Shoe Corrigan also felt there would be no undue hardship to the applicant if the 111 variance is not granted. Further, the five foot jog in the building would create a logical break in the facade. Commissioner Droste indicated that, by granting the variance, it would legitimize the building and make it conforming. Additionally, the additional plantings along the north side of the building would create additional buffer to the residential district. These additional plantings would not be required Planning Commission Regular Meeting Minutes May 27, 1997 Page 3 without the variance. Granting of the variance would not be detrimental to the surrounding property owners. MOTION by Shoe Corrigan to deny the five foot side yard set back variance for the northern building elevation. Seconded by Weisensel. Ayes: Shoe Corrigan and Weisensel. Nays: Droste. Motion carried. Chairperson Droste closed the Board of Appeals and Adjustments and reconvened the Planning Commission hearing. Commissioners discussed the screening by vegetation of the dust collector, an enclosure built of the same materials as the building for the dumpster area, and the external upgrade of the building. Ms. Michalski indicated they did not object to the external upgrade and the requirements to bring the building up to code. Chairperson Droste opened the Public Hearing. There were no comments. MOTION by Droste to close the Public Hearing. Seconded by Shoe Corrigan. Ayes: Shoe- Corrigan, Weisensel, and Droste. Nays: 0. Motion carried. MOTION by Shoe Corrigan to approve the site plan for the Rosemount Woods building addition subject to: 1) Conformance with 7.1 Dimensional Standards of the Zoning Code; 2) Conformance with Section 8.3, landscaping requirements for a minimum of 8 trees and 20 shrubs (or equivalent); 3) Conformance with Section 7.2, building type and construction; and Section 8.1, off street parking and loading requirements for screening, striping and curb gutter; 4) conformance with all applicable building and fire codes and payment of all associated fees as required. Seconded by Weisensel. Ayes: Weisensel, Droste, and Shoe Corrigan. Nays: 0. Motion carried. The applicant was advised of the right to appeal the denial of the variance. Public Hearing: Henry Juliet Marotzke Agricultural Lot Split Rezoning. Chairperson Droste opened the public hearing for the Henry and Juliet Marotzke Agricultural Lot Split and Rezoning request. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Rick Pearson presented the request by Henry and Juliet Marotzke for an agricultural lot split and rezoning in order to create a five acre parcel to build a single family home. This parcel is currently part of Henry's parents' farm consisting of 80 acres located between Biscayne and Barcardi Avenues, north of 126th Street and the White Lake area. The property is utilized as a tree farm and is zoned Agricultural Preserve. The Marotzke farm will be left with sufficient acreage to remain in the AGP program. The five acre parcel will need to be rezoned to Rural Residential. The proposed lot is consistent with the standards for the minimum lot size. Planning Commission Regular Meeting Minutes May 27, 1997 Page 4 Chairperson Droste opened the floor to the applicant. Henry Marotzke appeared and expressed his desire to build a home upon the subject property. Chairperson Droste opened the Public Hearing. There were no comments. MOTION by Droste to close the Public Hearing. Seconded by Weisensel. Ayes: Droste, Shoe Corrigan, and Weisensel. Nays: 0. Motion carried. MOTION by Droste to recommend that the City Council approve the agricultural lot division for the Marotzke property subject to payment of one unit of Park Dedication fee and GIS fees at the rate established by the current fee resolution. Seconded by Shoe Corrigan. Ayes: Shoe Corrigan, Weisensel, and Droste. Nays: 0. Motion carried. MOTION by Droste to recommend that the City Council rezone the 5 acre parcel to Rural Residential in conformance with the Comprehensive Guide Plan. Seconded by Shoe Corrigan. Ayes: Weisensel, Droste, Shoe Corrigan. Nays: 0. Motion carried. III Public Hearing: Kelly McGivern Lot Combination Chairperson Droste opened the public hearing for the Kelly McGivern Lot Combination request. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson presented the request by Kelly McGivern to combine his lot in O'Leary's Hills Fifth Addition with the abutting Outlot A. Fee title to this property is in Parkview, Inc. The City has a 5 foot easement on Outlot A. By combining these two lots, Mr. McGivern will have an additional 20 feet of lot width, giving him the ability to landscape the area, add onto his home, and increase the allowance for lot coverage. Mr. McGivern will not be able to build anything within the former outlot due to the City's easement. If Mr. McGivern acquires the property from Parkview, in exchange for approval of the lot combination, the City would be granted utility rights over the entire former outlot. Mr. Litterer addressed questions regarding the storm sewer and drainage issues. Chairperson Droste opened the floor to the applicant. Kelly McGivern was present and expressed his desire that the City look into getting a deed from the fee owner and in turn selling the outlot to him. Chairperson Droste opened the Public Hearing. There were no comments. MOTION by Droste to close the Public Hearing. Seconded by Weisensel. Ayes: Droste, Shoe Corrigan, and Weisensel. Nays: 0. Motion carried. Planning Commission Regular Meeting Minutes May 27, 1997 Page 5 Commissioners noted that there are no guarantees that Mr. McGivern would grant an easement to the City to the former outlot area after approval of the lot combination. MOTION by Shoe Corrigan to recommend that the City Council approve the lot combination of Outlot A with Lot 1, Block 1, O'Leary's Hills Fifth Addition subject to: 1) The vacation of the existing drainage and utility easement adjacent to and south of the northern property line in exchange for a drainage and utility easement over the entire area formerly described as Outlot A in a form acceptable to the City Attorney and Public Works Department; 2) A deed or title for Outlot A must be acquired from Parkview Inc., the developers of O'Leary's Hills Fifth Addition; 3) Granting of an easement for access, drainage and utilities to the City over Outlot A, O'Leary's Hills Fifth Addition. Seconded by Droste. Ayes: Shoe Corrigan and Droste. Nays: Weisensel. Motion carried. There being no further business to come before this Commission, upon MOTION by Droste, Seconded by Weisensel, and upon unanimous decision, the meeting was adjourned at 8:40 p.m. ectfully submitted. vaa Dianne G. Quinnell Recording Secretary k70 CITY O F ROSEMOUNT 2875 S West Rosemount, MN 55068 -4997 Everything's Coming p Rosemount!! Commission Phone; 612-423-4411 Planning Hearing Impaired 423-6219 Regular Meeting Minutes June 10, 1997 Fax 612-423-5203 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, June 10, 1997 at 6:30 p.m. Chairperson William Droste called the meeting to order with members Mark DeBettignies, Jay Tentinger, Kim Shoe Corrigan and Jeffery Weisensel present. Also in attendance were Community Development Director Dan Rogness, City Planner Rick Pearson, and Civil Engineer Doug Litterer. There were no additions or corrections to the agenda. MOTION by Droste to approve the May 27, 1997 Regular Planning Commission Meeting Minutes. Seconded by Shoe Corrigan. Ayes: Droste, Shoe Corrigan and Weisensel. Present: DeBettignies, Tentinger. Nays: 0. Motion carried. Department Announcements: Summary of City Council Actions Commissioners noted the actions taken by the City Council on June 3, 1997. Public Hearing: Hampton Development Revised Concept Plan Chairperson Droste opened the public hearing for the Hampton Development Revised Concept Residential Planned Unit Development. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson presented the concept plan proposed by Hampton Development, which was revised in accordance with previous recommendations of the Planning Commission. The revised plan, consisting of 17 single family dwellings and 10 twin homes, results in a 26% reduction in density (1.76 du/ac net) and elimination of the quad units. In addition, the proposed plan eliminates the "flag lot" and routes Dakota Drive north to intersect with 158th St. W., which connects to 160th St. W. A bituminous walkway is planned along the ponding area. The proposal meets the zoning criteria and is consistent with other existing developments in Rosemount. Mr. Pearson explained that, prior to being approved by the City Council, the plan must meet all zoning and Comprehensive Guide Plan regulations. If the revised concept plan is approved by the City Council, the matter will come back to the Planning Commission for another public hearing where details relating to lot dimensions, grading, utilities, style, and other enhancements to the twinhomes will be reviewed. Commissioners discussed regulation of the style of the twin homes through a PUD and the drainage III easement on the 157th Street cul -de -sac. Additionally, it was determined there would be no building in the southeast corner of Shannon Pkwy. 160th Street due to driveway issues and separation from other units. Planning Commission Regular Meeting Minutes June 10, 1997 Page 2 Chairperson Droste opened the floor to the applicant. Jim Allen appeared on behalf of Hampton Development. Mr. Allen had no comments but was available to answer questions. Chairperson Droste opened the floor to the public. Leo Hill, 4221 W. 157th St., inquired as to the status of the "flag lot." Mr. Allen indicated this lot has been removed and is now part of the existing home. Mr. Hill expressed his concerns about construction vehicles traveling through the neighborhood and construction taking place in the spring when children are out of school. Additionally, Mr. Hill felt the 158th St. and Danville Ave. intersections at 160th Street are too close. There was discussion concerning association covenants and enforcement. Mr. Hill stated he would rather see single family homes in this development and is against the twin home concept. Carl Osterhaus, 4165 158th St., is opposed to the twin home concept, stating they are not necessary and do not present a sense of community. The twin homes will bring property values down. Mr. Osterhaus presented an article which stated the value of single family homes is reduced by 7.7% when bordered by twin homes. He felt the loss to the neighborhood in property values would be greater than the loss experienced by Hampton Development in reduced profits. Mr. Osterhaus presented additional information indicating that reports of crime are higher in multi- family developments. Safety is another issue at the intersection at 160th Street. Mr. Osterhaus referred to an article which suggested that traffic safety is better accomplished through better urban planning rather than through programs to educate young children in traffic safety. Mr. Osterhaus suggested that, rather than 158th Street being a thru street, the twin homes should be on a cul -de -sac with direct access to 160th Street. Chairperson Droste informed the residents of an Open House on June 18 in Apple Valley and on June 19 in Coates to review the plans for 160th Street. The residents were encouraged to attend. Jim Burkhardt, 4160 158th St. West, is opposed to the twin homes and the revised concept plan. Mr. Burkhardt has concerns about the traffic and safety and would prefer to see a cul -de -sac off 160th Street. Commissioner Shoe Corrigan asked Mr. Burkhardt to elaborate on the safety concerns and the basis for his belief that the twin homes will generate a greater amount of traffic. Mr. Burkhardt did not have information to support his concerns but stated he would just prefer single family dwellings. In response to other concerns brought up by Mr. Burkhardt, it was pointed out that the developer is required by ordinance to maintain a tree inventory and that sidewalks will match the adjoining properties. Larry Chackan, 4218 158th St. W., expressed his concern that the value of the homes built by Hampton Development will be less than the existing homes. Donna Schomaker, 15717 Crystal Path, indicated she would prefer the twin homes to be separated from the remainder of the development and suggested the cul -de -sac or an I -let off 160th Street. Ms. Schomaker referred back to promises made by another developer as to the type and value of the homes that would be built in this area. Ms. Schomaker wanted assurance that the developer would Planning Commission Regular Meeting Minutes June 10, 1997 Page 3 carry through with his promises as to value. There were further discussions concerning the benefits of association covenants vs. zoning. Mark Schostag, 4188 158th Street, reiterated the safety concerns. There are over 60 children who wait to catch buses and there are no sidewalks. There will be more traffic with the twin homes. Mr. Schostag would prefer to see a cul -de -sac off 160th Street. Mr. Schostag also addressed concerns over value. Dale Quamme, 4166 Dakota Drive, expressed his concerns about safety and children catching school buses. Traffic on 158th Street will probably triple. The City should horseshoe 158th St. Dakota Drive and put in a cul -de -sac off 160th Street for the twin homes. Doug Litterer explained that a cul -de -sac off 160th Street would create a safety issue as fire, ambulance and police would not have convenient access to the area and this could affect response times. Mr. Pearson further explained that City policy limits cul -de -sacs. In response to Chairperson Droste, Jim Allen went on the record to state the minimum value of the twin homes would be $130,000 per side, that the developer will obligate itself to the approved ID design, and the twin homes will have full basements. The minimum square footage is estimated at 1300 Jennifer Peloquin, 4226 157th Street, is concerned about traffic safety issues created by the access onto 160th Street and feels there is more crime with twin homes. Ms. Peloquin stated they were promised by another developer there would be single family homes in this area. Discussions continued regarding safety at the school bus stops. Mr. Pearson informed the Commission that the school district is aware of the Comprehensive Guide Plan and has been kept informed by Staff. If approved, a copy of the preliminary plat will be provided to the school district. Bus routing and additional bus stops is decided totally by the school district. In response to promises which residents claim were made by a prior developer, Mr. Pearson presented a plan prepared by Broback which showed anticipated development in the area. Mr. Pearson explained the plan has no bearing on how this property is now developed. The Brobacks do not own the land. The plan also depicted the anticipated road expansions. Larry Swanson, 4209 158th St. W., is against directing more traffic through the neighborhood. He was led to believe there would be all single family homes in the development. The development should be consistent with the existing neighborhood. Bruce Anthony, 4195 158th St. W., is opposed to the multi family plan, feels it is not compatible and is inconsistent with the neighborhood. Commissioner Shoe Corrigan pointed out to Mr. Burkhardt, as representative of the neighborhood, that the City could not regulate the value and design of the homes if all single family dwellings. The Planning Commission Regular Meeting Minutes June 10, 1997 Page 4 higher standards requested by the neighborhood could not be forced upon a single family dwelling. This may have more of an effect on property values. Terry Burkhardt, 4160 158th St. W., reiterated the concerns regarding property values, traffic and safety. Ms. Burkhardt is opposed to picking up additional traffic from 160th Street. MOTION, by Tentinger to close the public hearing. Seconded by Droste. Ayes: Tentinger, Droste, Shoe Corrigan, Weisensel, and DeBettignies. Nays: 0. Motion carried. In response to public comments, Commissioner DeBettignies estimated the value of the twin homes at $130- 150,000 with association fees and that empty- nesters and retirees would most likely be the potential purchasers. There is no indication that the twin homes will create more traffic than single family homes. A cul -de -sac off 160th Street into the twin home section would landlock that area of the development. Issues brought up by the public should be addressed, however, could see no reason to deny the plan. Commissioner Weisensel noted mail he received from citizens concerning this project and recited the issues raised, including consistency, density, spot zoning, traffic, safety, property values, the "flag lot noise, and construction. In response to a neighborhood newsletter, Commissioner Weisensel objected to the claim that he did not take the public's concern into consideration when he approved the initial concept plan. The Land Use Plan was published in 1993. In accordance with the Land Use Plan, this is an urban residential area. The developer's plan is consistent with that plan. Chairperson Droste indicated the proposed plan by Hampton Development is consistent with the zoning. He visited townhouse developments in the area for value comparisons. Mr. Allen assured the Commission that the value of the twin homes will not be less than $130,000. Chairperson Droste indicated he is concerned about the safety and value issues and stated the Commission will follow through with this development to ensure that those issues are dealt with. Commissioner Shoe Corrigan echoed the Commissioners' comments. She indicated she researched the twin homes issue with local real estate agents and learned that the value will depend in part on style, association requirements, and the marketed buyer. The City has control over the type and value of the twin homes. The City has no control over the value of a single family home. The development can be regulated by the City and will have increased standards. Commissioner Shoe Corrigan sympathized with the residents over promises made by previous developers in the area but this is something the City has no control over. She does not agree with the public perception that Mr. Allen is simply out for the money. The proposed plan is consistent with density requirements. In fact, it is much lower than the existing neighborhood. Commissioner Tentinger pointed out the three issues raised by the public. One, misrepresentation by prior developers. The City has no control over the marketing strategies of developers. Two, safety. The Commission has not overlooked this issue. Safety must also be considered when planning the new development and the cul -de -sac recommendation by the public would affect access by fire, police and ambulance into the area. Three, value. There is no indication that the proposed Planning Commission Regular Meeting Minutes June 10, 1997 Page 5 development will reduce property values in the area. The lower density will have a positive effect on safety. Additional landscaping will be done in the twin homes area. The City will retain control over the development. Commissioner Tentinger could see no negative impact on the surrounding neighborhoods by the proposed plan. MOTION by Droste to recommend that the City Council approve the revised concept for the Hampton Development Residential Planned Unit Development subject to: 1) Conformance with applicable engineering, subdivision and zoning requirements for PUD final development plan review and platting; 2) Sufficient screening provided along 160th Street West/County Road 46 to mitigate the effects of traffic generated by a minor arterial highway; 3) Conformance with County requirements for right -of -way and access spacing. Seconded by Weisensel. Ayes: Droste, Shoe Corrigan, Weisensel, DeBettignies and Tentinger. Nays: 0. Motion carried. Public Hearing: Heritage Development Chairperson Droste opened the public hearing for the Heritage Development Concept Residential Planned Unit Development. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson presented the application by Heritage Development of Minnesota, Inc. for approval of a PUD for 193 townhouse units upon the Englert and McMenomy property located east of Chippendale Avenue. The townhouse units would be arranged in clusters around garage courts, including common green space between the units. Heritage is also requesting the property be rezoned to BP -4, Business Park. This development will have access from 156th Street West and from the Geronime Pond area. Density is appropriate at 5.88 du/ac. Mr. Pearson presented handouts from the architectural firm providing examples and other information concerning the proposed development. Chairperson Droste opened the floor to the applicant. Tom Bisch appeared on behalf of Heritage Development. Mr. Bisch presented literature and sample drawings from the architect. Mr. Bisch indicated that changes to the design would be made to meet area needs, including the change to two car garages. The price for each unit is estimated at $100,000. It is anticipated that childless couples and retirees will be targeted for these townhouses. Upon approval of the concept plan, the developer intends to have a marketing study performed. Commissioner Droste inquired about the railroad located on the east side of the property. Mr. Bisch indicated that berming would be done on that side. The fronts of the units will not face the track. Additionally, the structures will be moved further west than what is shown on the maps. Chairperson Droste opened the floor to the public. E.B. McMenomy, 15872 Chippendale Avenue, is owner of a portion of the property and was also appearing on behalf of the Englerts who own the remaining property. Mr. McMenomy believes this Planning Commission Regular Meeting Minutes June 10, 1997 Page 6 development will be a good fit with Geronime Pond and would provide a mixture in the style of homes. Dan McNulty, 15670 Cicerone Path, compared values of the proposed townhouses with the values of townhomes and single family homes located in Geronime Pond. He pointed out problems with multi family units on 145th Street. Mr. McNulty believes the train will present a problem. It presently travels through town approximately 8 -10 times per day. This amount may increase if the sale of the railroad goes through. Also, Mr. McNulty feels the park services are inadequate to support this additional housing. It was pointed out to Mr. McNulty that the multi family units on 145th Street are rental units, not privately owned. MOTION by Droste to close the public hearing. Seconded by Weisensel. Ayes: Shoe Corrigan, Weisensel, DeBettignies, Tentinger and Droste. Nays: 0. Motion carried. There were further discussions concerning the park, the railroad and emergency vehicle access. Mr. Pearson explained that through the PUD the developer may be required to provide recreational areas. As to increased trips by the train, the train definitely has an impact on the area, but the sale of the railroad is uncertain. The Fire Marshal has reviewed the site plan and indicated the islands may change and there may be sprinkler systems required in some units. Commissioners reviewed the zoning regulations and, specifically, what other uses would be permitted in this area. Commissioner Tentinger was not convinced this is the right type of development for this property. The railroad is a big issue. Commissioners further discussed the railroad issue and their concern about the sale of the units located so near a railroad. They indicated that a market study should be performed. Commissioner DeBettignies expressed that he likes the development plan and that it provided privacy to the residents. If the development can be moved further west, something workable to reduce noise from the train, and a recreational area developed, he would approve of this plan. Commissioner Shoe Corrigan stated she is concerned about the noise level of the trains and safety issues it may pose to small children. While the development plan is desirable, she would prefer to see it on another location, possibly closer to the downtown area. There were further discussions concerning a market study and holding off on the rezoning until further information is obtained. Mr. Pearson recommended focusing on the appropriateness of the land use and attach recommended conditions which would support a residential development. If it is determined the railroad issue is unsurmountable, it would be reason not to approve the residential development. Planning Commission Regular Meeting Minutes June 10, 1997 Page 7 Commissioners Tentinger and Shoe Corrigan restated their objections to a residential development in this area. Tom Heiberg spoke on behalf of the Carlsons who own property south of the theater. Mr. Heiberg stated he would like to market the area. If housing is permitted south of Wachter, he could bring forward proposals to the remaining property. Mr. McMenomy stated that if multi residential use is not approved for this area, it could be decades before it is used for commercial. With residential across Chippendale, residential in this area would be more compatible. Mr. McMenomy acknowledged the railroad is an issue and that the developer will mitigate the issue. The property is guided BP -4 and it's location is not suitable to market for commercial. Commissioner DeBettignies noted the area is not accessible for business purposes. The business corridor is established on CSAH 42. This area would not be marketable for business. Commissioner Shoe Corrigan preferred to see commercial which would bring more tax dollars into the city. Mr. Bisch acknowledged the concern about the railroad. The building units would meet all FHA requirements, there would be upgraded windows, air conditioning, walls facing the railroad and open space. The units can be tailored to the specific needs. Mr. Bisch indicated he was told previously the City wanted to keep commercial/business downtown. MOTION by DeBettignies to recommend that the Staff prepare findings in support of the concept residential planned unit development proposed by Heritage Development and forward findings to the City Council with the attachments of land use appropriateness and on -site recreational areas. Seconded by Droste. Ayes: Weisensel, DeBettignies and Droste. Nays: Tentinger and Shoe Corrigan. Motion carried. MOTION by DeBettignies to recommend that the City Council rezone the property to BP -4, Business Park. Seconded by Droste. Ayes: DeBettignies, Droste and Weisensel. Nays: Tentinger and Shoe Corrigan. Motion carried. Chairperson Droste recessed the meeting at 10:05 p.m. for 10 minutes Public Hearing: E &K Enterprises /Secure Mini Storage Chairperson Droste opened the public hearing for the E K Enterprises, Secure Mini Storage Concept Commercial Planned Unit Development. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Planning Commission Regular Meeting Minutes June 10, 1997 Page 8 Mr. Pearson presented the application submitted by E.B. McMenomy for approval of a mixed commercial planned unit development. The PUD would consist of a mini- storage facility located just south of the existing farm house and future plans for a convenience store located at the corner of 160th Street and Chippendale Avenue (as relocated). The convenience store would not be constructed until market conditions exist to support it. The mini storage facility would consist of nine storage buildings and a tenth climate- controlled building. The area would be secured by wrought iron fencing and/or a continuous wall. The storage facility will provide a buffer for the residential area from the noise generated by Hwy. 3 and the railroad. A wetland has been identified on the property and will have to be addressed. Discussions occurred regarding the fencing and wall surface facing the residential area. Also, the existing farm house will be converted into office space and will be required to meet current building codes. Chairperson Droste opened the floor to the applicant. E.B. McMenomy presented background information concerning the acquisition of the property. He indicated the project is not justified without the convenience store. Also in attendance was Tony Valvolis, representing Secure Mini Storage. Chairperson Droste opened the floor to the public. There were no comments. MOTION by Droste to close the public hearing. Seconded by Tentinger. Ayes: Tentinger, Droste, Shoe Corrigan, Weisensel, and DeBettignies. Nays: 0. Motion carried. Commissioner Tentinger stated his approval of this concept and the convenience store and that he feels it fits into the area. Commissioner DeBettignies approved of the mini storage facility but did not support the convenience store. Commissioner Shoe Corrigan approved of the mini storage but objected to the convenience store and spot zoning. Additionally, plans for the convenience store are too far in the future to rezone for it at this time. Discussions continued concerning the zoning options. Mr. Pearson provided information on Convenience Commercial zoning and the need to amend the Comp. Plan for C -3 zoning in this area. BP -1 would not require an amendment. Commissioner Tentinger felt rezoning to C -3 would expand the uses to undesirable uses. Rezoning to C -1 and BP -1 was most logical. Planning Commission Regular Meeting Minutes June 10, 1997 Page 9 Mr. Pearson indicated that C -1 would be better for marketing. He also indicated that Mr. McMenomy will not buy the Geronime property if approval for rezoning is not granted. This would result in a vacant lot. MOTION by Droste to recommend that the City Council approve the concept for the E K Enterprises mixed use commercial Planned Unit Development subject to: 1) Amending the Comprehensive Guide Plan to change the land use designation from Urban Residential and Business Park (as needed) to Commercial; 2) Rezoning the property for mini- storage to BP -1 Business Park and the convenience store property to C -1, Convenience Commercial; 3) Incorporation of recommendations relative to drainage, easements, utilities, right -of -way relocation and wetlands by the Public Works Department; 4) Conformance with the requirements for PUD final development plan and platting. Seconded by Tentinger. Ayes: Droste, DeBettignies and Tentinger. Nays: Shoe Corrigan and Weisensel. Motion carried. Public Hearing: Claflin Variance Request Chairperson Droste opened the Board of Appeals and Adjustments and the public hearing for the Claflin variance request. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson presented the request by Craig and Beverly Claflin for a variance for side yard setback. The Claflins currently have a swing set and sandbox located in their side yard which encroaches into the 10 foot setback area. The setback violation was identified as the result of a complaint filed by another resident. The Claflins' rear lot has steep slopes and is heavily wooded, and has a drainage and utility easement which runs through it. These characteristics create a hardship and places a limitation on where the Claflins can place a swing set and sandbox. City Staff inspected the property and Mr. Pearson presented pictures of the rear and side yard. Mr. Pearson stated his concern that the applicant follow manufacturer's recommendations to meet safe "fall zone" criteria. Chairperson Droste opened the floor to the applicant. Craig Claflin indicated the swing set and sandbox have been located in this area for quite some time with no complaints. He was told his neighbor may be putting up a fence and, if that happens, the swing set will be moved approximately 21/2 feet. The manufacturer's recommendation for a fall zone is 18' -20'. Chairperson Droste opened the floor to the public. Jeff DeMay, 13636 Danube Lane, is the Claflins' neighbor. Mr. DeMay stated the swing set and sandbox are located entirely in the setback area and present an intrusion onto his property. There are issues of damage, liability, and a negative impact on his property value as a result of this encroachment. Mr. DeMay further pointed out that the swing set and sandbox can be separated and Planning Commission Regular Meeting Minutes June 10, 1997 Page 10 placed on different locations in the back yard. Mr. DeMay would prefer to see this play area brought into compliance or, as an alternative, a lesser variance granted. Mr. DeMay indicated he would be agreeable to a personal agreement with Mr. Claflin as to the location of the lot line. MOTION by Droste to close the public hearing. Seconded by Shoe Corrigan. Ayes: Shoe Corrigan, Weisensel, DeBettignies, Tentinger and Droste. Nays: 0. Motion carried. Further discussions ensued regarding alternative locations for the swing set and sandbox. Also addressed was the issue that the exact location of the lot line has not been established. Chairperson Droste recommended that this line be established prior to making a decision. Commissioner Weisensel also felt more information was required. Commissioner DeBettignies did not support the additional cost of a survey. Mr. Pearson suggested the Commission consider granting a 2' -4' variance. It was recommended by the Commission that if Mr. Claflin and Mr. DeMay cannot agree on the location of the lot line, they would have to return to the Planning Commission with a survey of the property. MOTION by DeBettignies to grant a 2' 4' variance for private recreational equipment setbacks for 13614 Danube Lane as specified by Section 6.5.B.6. Seconded by Droste. Ayes: DeBettignies, Tentinger and Shoe Corrigan. Nays: Droste. Pass: Weisensel. Motion carried. Chairperson Droste closed the Board of Appeals and Adjustments and reconvened the Planning Commission hearing. Public Hearing: Nordvik Lot Division Chairperson Droste opened the public hearing concerning the application by Arlender and Judy Nordvik for a Lot Division. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson presented the Nordviks' application to divide their property at 15280 South Robert Trail. Rick's Auto Body and Rosemount Marine is presently located upon this property. The common driveway and parking area would be split between the businesses. The City will ask for an easement or right -of -way across from Canada Avenue for street purposes. In addition to providing access to the two lots, this easement or right -of -way would provide an additional westerly entrance into the Business Park. Chairperson Droste opened the floor to the applicant. Mr. Nordvik asked about the storm water trunk area charges in the amount of $19,740, and inquired as to the amount of the park dedication fees. Mr. Nordvik was not comfortable in proceeding without having an idea of what these fees amount to. Additionally, Mr. Nordvik objected to the requirement that all existing buildings be connected to sewer and water when a building may be torn down. Mr. Nordvik pointed out that, while he is expected to pay these high fees, the City in return Planning Commission Regular Meeting Minutes June 10, 1997 Page 11 expects him to grant an easement and not pay anything for it. This easement for road purposes would be beneficial to the City by providing an additional access into the Business Park. Chairperson Droste opened the floor to the public. There was no comment. MOTION by Droste to close the public hearing. Seconded by DeBettignies. Ayes: DeBettignies, Tentinger, Droste, Shoe Corrigan, and Weisensel. Nays: 0. Motion carried. MOTION by Weisensel to recommend that the City Council approve the administrative plat for the Nordvik property subject to: 1) Incorporation of recommendations relative to grading, public streets, public utilities and public easements/ right -of -ways as identified by the Public Works Department; 2) Developer must make payment to the City prior to recording of plat for: a) 1997 Storm Water Trunk Area Charges of $5,640 per acre (estimated as 3.5 acres x $5,640 per acre $19,740); b) 1997 GIS fees of $100 per acre (estimated at this time as 3.5 acres x $100 per acre $350); 3) All existing buildings on this proposed plat are to be connected to City sanitary sewer and water service as approved by the City Engineer; 4) Payment of two units of park dedication at the rate established by the current fee resolution; 5) Approval of the Minnesota Department of Transportation as required. Seconded by DeBettignies. Ayes: Tentinger, Droste, Shoe Corrigan, II) Weisensel and DeBettignies. Nays: 0. Motion carried. Public Hearing: Rosemount Truck Terminal Chairperson Droste opened the public hearing concerning the application by Robert and Sheryl Fischer. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson presented the application by Robert and Sheryl Fischer for approval of a lot division, rezoning approximately 14 acres located south of 140th Street East and east of STH 52/56 and site plan review for a truck terminal. The 14+ acre parcel exceeds all zoning requirements of both the Agricultural and General Industrial Districts. Rezoning to General Industrial is in conformance with the Comprehensive Guide Plan, and a truck terminal is a permitted use in that district. The Minnesota Department of Transportation may require that a frontage road be incorporated into the site plan. Discussions ensued concerning connection to sewer and water. The developer is willing to hookup to a temporary holding tank and later converting to a permanent system. Mr. Litterer explained that, in addition to GIS fees, there will be storm water fees plus possible other fees. Chairperson Droste opened the floor to the applicant. Gene Peterson appeared on behalf of the II Fischers. Mr. Peterson explained that time is of the essence and the applicant is willing to make any changes required by the City, specifically referring to moving the location of the building, changes in the driveway and hooking up to a holding tank. Planning Commission Regular Meeting Minutes June 10, 1997 Page 12 Chairperson Droste opened the floor to the public. There were no comments. MOTION by Droste to close the public hearing. Seconded by DeBettignies. Ayes: Droste, Shoe Corrigan, Weisensel, DeBettignies, and Weisensel. Nays: 0. Motion carried. There were further discussions related to use of the remaining property, the amount of truck traffic expected, the road easement, driveway, and ponding. MOTION by Droste to recommend approval of the lot division for the Rechtzigel property subject to: 1) Incorporation of recommendations regarding easements and right -of -way for frontage road use by the Public Works Department; 2) Payment of one unit of Park Dedication and GIS fees at the rate established by the current Fee resolution; 3) Approval as necessary or incorporation of comments by the Minnesota Department of Transportation. Seconded by Tentinger. Ayes: Shoe Corrigan, Weisensel, DeBettignies, Tentinger and Droste. Nays: 0. Motion carried. MOTION by Droste to recommend that the City Council approve the rezoning from Agriculture to General Industrial of the parcel in conformance with the Comprehensive Guide Plan. Seconded by Tentinger. Ayes: Weisensel, DeBettignies, Tentinger, Droste, and Shoe Corrigan. Nays: 0. Motion carried. MOTION by DeBettignies to approve the site plan review for the Rosemount Truck Terminal subject to: 1) Rezoning the property to General Industrial in conformance with the Comprehensive Guide Plan; 2) Incorporation of recommendations relative to drainage, utilities and driveway connections by the Public Works Department; 3) Payment of fees to the City including Storm Water Trunk Charges; 4) Designation of additional required parking on the site plan and including striping with curb stops or curb and gutter as required; 5) The facility must be connected to sanitary sewer and City water; 6) Conformance with applicable building and fire codes; 7) Incorporation of recommendations regarding grading, drainage, public utilities, public right -of -way and easements, storm water ponding, and payment of all fees designated by Public Works and other City departments; and 8) If any issue(s) are left unresolved, the applicant must appear again before the Planning Commission to address such unresolved issue(s). Seconded by Droste. Ayes: DeBettignies, Tentinger, Droste, Shoe Corrigan, and Weisensel. Nays: 0. Motion carried. Public Hearing: Subdivision Ordinance Revision MOTION by Droste to table the Subdivision Ordinance Revision and to continue the public hearing to June 24, 1997. Seconded by Shoe Corrigan. Ayes: Tentinger, Droste, Shoe Corrigan, Weisensel, and DeBettignies. Nays: 0. Motion carried. Planning Commission Regular Meeting Minutes June 10, 1997 Page 13 There being no further business to come before this Commission and upon unanimous decision, the meeting was adjourned at 1:00 a.m. Respectfully submitted 1 `i Dianne G. Quinnell Recording Secretary g. `y CITY OF ROSEMOU NT 2875 C!4 5t h SSteetWest 9 Rosemount, MN 55068 -4997 Everything's Coming Up Rosemount!! Pl anning Commission Phone 612-423-4411 Hearing Impaired 423 -6219 Regular Meeting Minutes June 24, 1997 Fax: 612-423-5203 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, June 24, 1997 at 6:30 p.m. Chairperson William Droste called the meeting to order with members Mark DeBettignies, Kim Shoe Corrigan and Jeffery Weisensel present. Absent was member Jay Tentinger. Also in attendance were City Planner Rick Pearson, Civil Engineer Doug Litterer, and Intern Ron Mullenbach. There were no additions or corrections to the agenda. Commissioners discussed their concerns over accusations made by Carl Osterhaus in a memo addressed to Mayor Busho relating to statements made by the Commissioners at the June 10, 1997 Hampton Development Public Hearing. Commissioners expressed their concerns that the record accurately reflects their statements and felt this is best accomplished by maintaining an audio tape of the proceedings. MOTION by Weisensel to approve the June 10, 1997 Regular Planning Commission Meeting Minutes. Seconded by Droste. Ayes: DeBettignies, Droste, Shoe Corrigan and Weisensel. Nays: 0. Motion carried. Department Announcements: Summary of City Council Actions Commissioners noted the actions taken by the City Council on June 17, 1997. After discussing the Council's actions on the Hampton Development Concept Plan, Commissioners felt there should be further evaluation into City policy as it relates to the Comprehensive Guide Plan and that pre zoning may eliminate ambiguity. Mr. Pearson introduced Ron Mullenbach as the new Intern for Community Development. Ron will be focusing on the amendments to the Comprehensive Guide Plan. Public Hearing: RCD Real Estate Rezoning Lot Division Chairperson Droste opened the public hearing for the application by RCD Real Estate for Rezoning and Lot Division. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson presented the application by Curt Fischer of RCD Real Estate to rezone and subdivide property located at the northwest corner of 160th Street and Biscayne Avenue, next to the Mosquito Control District. Mr. Fischer requested rezoning to General Industrial; however, the property is guided for BP -1. Mr. Fischer's anticipated use for the property is consistent with BP -1, and he is agreeable to that zoning. Mr. Fischer wishes to split off a 5 acre parcel from the 30 acre parcel, leaving the remaining 25 acres as an outlot. The Commission has the option of rezoning the 5 acre parcel or the entire 30 acres at this time. Planning Commission Regular Meeting Minutes June 24, 1997 Page 2 411 Commissioner DeBettignies felt that rezoning the entire 30 acres at this time would clarify future use of the property. Commissioners also discussed access to the property and whether approval has been obtained from the County. Chairperson Droste opened the floor to the applicant. Curt Fischer of R.C.D. Real Estate was present at the meeting. Mr. Fischer indicated he has been working with the County concerning the access issue, that access would be allowed to Parcel 3, and there may be a combined access. Chairperson Droste opened the floor to the public. David French, Supervisor at the Mosquito Control District, appeared and stated the Mosquito Control District has not objections to the proposed subdivision and rezoning. MOTION by Droste to close the public hearing. Seconded by DeBettignies. Ayes: Droste, Shoe Corrigan, Weisensel, and DeBettignies. Nays: 0. Motion carried. Mr. Pearson presented an outline of the permitted uses in the BP -1 District and reviewed the uses with the Commissioners and Mr. Fischer. Mr. Fischer stated he was comfortable with the permitted uses in the BP -1 District. There were further discussions concerning rezoning. Mr. Fischer indicated he would prefer to do the entire 30 acres at this time to simplify things. Discussions continued concerning tax issues and local fees and how the rezoning would affect these amounts and when they are due. Commissioners recommended that Staff present documentation at the City Council meeting which will clarify the questions concerning the tax issues and local fees. MOTION by DeBettignies to recommend that the City Council rezone the approximately 30 acre parcel from Agriculture to BP -1, Business Park. Seconded by Shoe Corrigan. Ayes: Shoe Corrigan, Weisensel, DeBettignies, and Droste. Nays: 0. Motion carried. MOTION by Shoe Corrigan to recommend that the City Council approve the lot division for R.C.D. Real Estate of Parcel 1 and the remaining 25 acre outlot subject to: 1) Approval of the Dakota County Plat Commission; 2) Incorporation of recommendations relative to grading, public streets, public utilities and public easements/rights -of -way as identified by the Public Works Department; 3) Developer /owner must make payment to the City at subdivision approval or building permit application: a) 1997 Storm Water Trunk Area Charges of $2,820 per acre which is estimated at this time as 31 acres x $2820 $87,420 (payment can be made when each lot is sold). There is an additional STAC charge of $2,820 per acre of impervious area collected with the building permit. b) 1997 GIS fees of $100 per acre which is estimated at this time as 31 acres x $100 per acre $3,100; 4) City sanitary sewer and water service shall be extended to this development before the issuance of a building permit. 5) Payment of Park Dedication in the amount of $33,352 (30.32 acres x 5% of land value established at $22,000 per acre). Seconded by Droste. Ayes: Weisensel, DeBettignies, Droste, Shoe Corrigan. Nays: 0. Motion carried. Planning Commission Regular Meeting Minutes June 24, 1997 Page 3 Public Hearing: Subdivision Ordinance Revision Chairperson Droste opened the public hearing for the Subdivision Ordinance Revision. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson presented for discussion the proposed Subdivision Ordinance, as revised. The original Subdivision Ordinance was drafted in 1972. The proposed revisions will bring the ordinance up to date with established practices and provide additional flexibility. There was a discussion concerning the effective date of the ordinances and, specifically, whether pending preliminary plats would be grandfathered in. Mr. Pearson explained that the ordinance would be effective immediately upon approval, and that pending matters would be subject to the revised ordinances. It was also clarified that the ordinance pertains to all subdivisions, not only residential. Chairperson Droste opened the floor to the public. There were no comments. MOTION by Droste to close the public hearing. Seconded by DeBettignies. Ayes: DeBettignies, Droste, Shoe Corrigan and Weisensel. Nays: 0. Motion carried. MOTION by DeBettignies to recommend that the City Council adopt the revised Subdivision Ordinance as modified. Seconded by Shoe Corrigan. Ayes: Droste, Shoe Corrigan, Weisensel, and DeBettignies. Nays: 0. Motion carried. There being no further business to come before this Commission, upon MOTION by Droste, Seconded by DeBettignies, and upon unanimous decision, the meeting was adjourned at 8:05 p.m. Respectfully submitted, 0 6 U.A.INIALd Dianne G. Quinnell Recording Secretary -y v CITY HALL r CITY OF ROSEMOUNT 2875 145th Street West ivi m Rosemount, MN r 55068 -4997 Everything's Coming Up Rosemount!! Phone: 612 -423 4411 s Planning Commission Hearing Impaired 423 6219 V 1 Regular Meeting Minutes July 8, 1997 Fax 612- 423 5203 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, July 8, 1997 at 6:30 p.m. Chairperson William Droste called the meeting to order with members Mark DeBettignies, Jay Tentinger, Kim Shoe Corrigan and Jeffery Weisensel present. Also in attendance were City Planner Rick Pearson, Civil Engineer Doug Litterer, and Intern Ron Mullenbach. There were no additions or corrections to the agenda. MOTION by Droste to approve the June 24, 1997 Regular Planning Commission Meeting Minutes. Seconded by DeBettignies. Ayes: DeBettignies, Droste, Shoe Corrigan and Weisensel. Present: Tentinger. Nays: 0. Motion carried. Department Announcements Commissioners noted the actions taken by the City Council on July 1, 1997. There was discussion concerning the Council's approval of the Heritage Development project. The Commissioners referenced a letter from Mr. McNulty in opposition to the Heritage development project and noted his concerns. Further clarification was also provided by Mr. Pearson concerning the Rosemount Woods variance. Mr. Pearson presented information concerning the Prairie Crossing project to be developed in Apple Valley at the intersection of Dodd Blvd. and CSAH 42. Commissioners noted the Joint City /County Planning Commissioners meeting scheduled for July 17, 1997. Rosemount will be hosting this meeting. New Business: Shannon Pond East Second Addition Final Plat Mr. Pearson presented the final plat for the second and final phase of Shannon Pond East, located in the northeast corner of Shannon Parkway and 160th Street. Mr. Pearson pointed out the ponding area and noted ownership of the pond is with the individual lot owners, as illustrated on the plat drawing. Present at the meeting was Jim Allen of Hampton Development and Gary Bergquist. III Commissioners discussed concerns about maintenance of the pond area where it fronts Cascade Path. According to the plat, this area is part of Lot 4, Block 2. Commissioners discussed the possibility of landscaping this area with rocks or trees. Mr. Litterer explained that was not an option. After further discussions with Mr. Allen, it was decided that the lot lines for Lots 10 and 11 should be redistributed to eliminate the frontage of Lot 4 on Cascade Path. Planning Commission Regular Meeting Minutes July 8, 1997 Page 2 MOTION by Droste to recommend that the City Council approve the final plat for Shannon Pond East Second Addition subject to: 1) Redistribution of the lot lines to eliminate frontage of Lot 4 on Cascade Path; 2) Incorporation of recommendations relative to grading, public streets, public utilities, and public easements /right -of -ways as identified by the Public Works Department; 3) Incorporation of recommendations relative to the right -of -way and intersection spacing on future County Road 46 (160th Street West) by the Dakota County Plat Commission; 4) Developer must make payment to the City at the time of final plat for: (a) 1997 Storm Water Trunk Area Charges of $2,000 per acre which is estimated at this time to be 16 acres x $2,000 $32,000; (b) Preliminary payment for future street improvements to 160th Street West using 1997 rates for a 38' wide residential street which is estimated at this time to be $53.20 per foot x 1,116' $59,370; (c) Escrow for 8' bituminous trail on 160th Street West (which will be constructed with b. above) using a 1997 rate which is estimated at this time to be $10 per foot x 1,116' $11,160; (d) 1997 GIS fees of $50 per lot/unit which is estimated at this time as 33 lots x $50 per lot/unit $1,650.Execution of a subdivision development agreement to secure public infrastructure; 5) Payment of 33 units of park dedication (estimated to be $29,700 according to the 1997 fee resolution). Seconded by Tentinger. Ayes: Tentinger, Droste, Shoe Corrigan, Weisensel, and DeBettignies. Nays: 0. Motion carried. There being no further business to come before this Commission, upon MOTION by Droste, Seconded by DeBettignies, and upon unanimous decision, the meeting was adjourned at 8:00 p.m. Respectfully submitted, 411 k Dianne G. Quinnell Recording Secretary C ITY O F RO S E M 0 U N T 2875 C 145t h i Street West Rosemount, MN Everything's Coming Up Rosemount!! 55068-4997 Phone: 612 423 -4411 Hearing Impaired 423 -6219 Planning Commission Fax 612-423-5203 Regular Meeting Minutes July 22, 1997 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, July 22, 1997 at 6:30 p.m. Chairperson William Droste called the meeting to order with members Mark DeBettignies, Jay Tentinger, Kim Shoe Corrigan and Jeffery Weisensel present. Also in attendance were City Planner Rick Pearson and Civil Engineer Doug Litterer. There were no additions or corrections to the agenda. MOTION by Droste to approve the July 8, 1997 Regular Planning Commission Meeting Minutes. Seconded by Shoe Corrigan. Ayes: DeBettignies, Tentinger, Droste, Shoe Corrigan and Weisensel. Nays: 0. Motion carried. Department Announcements Commissioners noted the actions taken by the City Council on July 15, 1997. Chairperson Droste recessed the meeting for 20 minutes at 6:40 p.m. Public Hearing: Town Country Rezoning and Planned Unit Development Mr. Pearson presented plans for the first phase of the residential portion of the Chippendale /42 mixed use planned unit development, located south of 151st St., between Shannon Parkway and Claret Avenue. The development consists of 72 townhouse units, with a density of 6 dwelling units per acre. Mr. Pearson provided a description of the garage courts for parking, the single and double garages, and 25 foot driveways. The interior design consists of a single private street with access onto 151st St. and Claret Avenue. Landscaping is 41/2 times the requirements. One issue concerns the units which are stacked one above another. This is considered multiple family housing by the zoning ordinance and building code and requires R -3 Multiple Family Housing zoning. Because the PUD allows R -2 attached townhouses, an amendment to the PUD will be required. Commissioners discussed the stacking concept and received further clarification on the zoning requirement. Commissioner DeBettignies felt the ability to stack units could give flexibility for all units, not just the five -unit buildings. There were discussions concerning the plans for sidewalks and access to the park across Claret Avenue. Mr. Pearson explained City Staff favors interior sidewalks exiting onto 151st Street, as 'Planning Commission Regular Meeting Minutes July 22, 1997 Page 2 reflected on the plans. Parks Recreation, however, prefers to have sidewalks also along Claret Avenue. Commissioners discussed a crosswalk to the park. There were also discussions concerning the interior private streets. Mr. Pearson indicated there would be no parking permitted on the interior streets and that the homeowners association would maintain this street. Chairperson Droste opened the floor to the applicant. Al Block, Executive Vice President of Town Country appeared. Mr. Block indicated that Town Country supports a property owners association and a professional management company is hired immediately upon the sale of the first unit. The development design provides an open space area where tiny tot equipment will be installed. Additional berming and retaining walls have been added for privacy. Mr. Block showed pictures of existing units and urged Commissioners to view their sites presently under construction in Burnsville (Cedar Hwy. 13) and Eagan (35E Diffley). Mr. Block pointed out the broken lines on the back of the units, which are not reflected on the drawings copied and presented earlier with their application. Commissioner Tentinger previously pointed out the back of the buildings looked flat, giving the appearance of an apartment building. The average sales price of the units is $125,000. One third of the buildings have basements. If their is a market demand, basements can be put under additional buildings. Storage issues have been addressed with deeper garages and garage attics. Exterior materials consist of brick and maintenance free vinyl siding. All units are prewired for security systems. There are sound barriers placed between the stacked units. Chairperson Droste opened the floor to the Public. Kelly McGivern, 15173 Claret Avenue, indicated his concern is with the building located on the southeast corner of the development on Claret Avenue. Mr. McGivern lives behind this building. Mr. McGivern further indicated he attended prior meetings with Town Country and found them to be very receptive and that changes in the plans have already been made in response to his concerns. He asked whether additional berming could be done along the interior street to reduce lights to the property located to the south. Mr. Block responded that Town Country would do this. Mr. McGivern is concerned about a deck on the upper level flat of the building located in the southeast corner. Mr. Block responded that Town Country insists on building the decks itself for quality purposes and does not permit homeowners to do the work. Mr. Block was willing to put a restriction on this one building as concerns a deck on the upper level. Mr. McGivern was further concerned about the value of the units as he found one selling in another area for $89,000. Mr. Block indicated he does not expect any unit to be under $90,000, and gave examples of closed sales ranging from $130,000 $155,000. MOTION by Droste to close the Public Hearing. Seconded by Tentinger. Ayes: Tentinger, Droste, Shoe Corrigan, Weisensel, and DeBettignies. Nays: 0. Motion carried. Planning Commission Regular Meeting Minutes July 22, 1997 IP Page 3 Commissioners discussed signage at the entrances of the development indicating that it is a private street. Chairperson Droste complimented Town Country for working out issues with the surrounding neighbors prior to the Planning Commission meeting. Additionally, Town Country's participation with the townhouse association is commendable. Commissioner Tentinger indicated his opposition to stacked decks on the back of the buildings. He would prefer to limit each building to one deck in the flat units. Referring to a picture of an existing seven -unit building with decks stacked one above another, Commissioner Tentinger described the building as unattractive. Commissioner DeBettignies felt there could be a restriction on the building in the southeast corner, however, he did not see the decks as any more of an eyesore than what you see on a single family detached home. III Chairperson Droste did not see a problem with the decks. Commissioner Shoe Corrigan also opposed upper level decks. Mr. Block indicated that grading and landscaping along 151st St. serve to screen the view of the decks along the north side. Additionally, Mr. Block made a commitment to obtain a side shot engineering picture to show the view from Mr. McGivern's property and will take whatever steps are necessary to conceal any upper deck. Kelly McGivern indicated he has spoken to the residents south of the development and, because of the distance between the buildings along the southern edge of the development and property owners across the pond to the south, upper decks on the back side of the units in that area would not present a problem. MOTION by Droste to recommend that the City Council approve the Town Country Residential Planned Unit Development subject to: 1) amending the Chippendale /42 Partnership Planned Unit Development Agreement to include R -3, Multiple Family Residential units in all buildings except the building located in the southeast corner of the development, which building shall have units that are side by side with no stacked units, yet maintaining the density level at 6 dwelling units per acre consistent with R -2, Single Family Attached Residential Standards; 2) rezoning the property to R -2, Single Family Attached Residential; 3) irrigation must be provided to maintain the quality of the landscaping and turf areas; 4) approval of a final plat in conformance with the subdivision ordinance requirements; 5) conformance with all applicable building and fire codes; 6) incorporating the recommendations of the Parks Recreation Department for the interior sidewalk layout; 7) consideration by the builder to eliminate the stacked units on the southern most units Planning Commission Regular Meeting Minutes July 22, 1997 Page 4 because of an issue of high decks. Seconded by Tentinger. Ayes: Droste, Shoe Corrigan, Weisensel, DeBettignies and Tentinger. Nays: 0. Motion carried. MOTION by Droste to recommend that the City Council rezone the property to R -2, Single Family Residential Attached in conformance with the Comprehensive Guide Plan (mixed use planned development). Seconded by Shoe Corrigan. Ayes: Shoe Corrigan, Weisensel, DeBettignies, Tentinger, and Droste. Nays: 0. Motion carried. MOTION by Droste to recommend that the City Council approve the final plat subject to: 1) execution of a subdivision agreement to secure public infrastructure, landscaping and including recommendations relative to grading, utilities, easements, right -of -ways, ponding, streets and public infrastructure requirements as recommended by the Public Works Department; 2) Developer must make payment to the City at the time of final plat for the following items: a. 1997 Storm Water Trunk Area Charges of $2,530 per acre which is estimated at this time to be $26,560 based upon 10.5 acres); b. 1997 Geographic Information System (GIS) fees of $50 per lot/unit estimated at this time in the amount of $3,600 (based upon 72 units); and 3) Payment of Park dedication in the amount of $64,800; or a combination of 3 acres of land for park development combined with a balance in the form of cash payment according the Chippendale 42 Partnership Planned Unit Development Agreement. Seconded by Tentinger. Ayes: Weisensel, DeBettignies, Tentinger, Droste, and Shoe Corrigan. Nays: 0. Motion carried. There being no further business to come before this Commission, upon MOTION by Droste, and upon unanimous decision, the meeting was adjourned at 9:10 p.m. Respectfully submitted, Dianne G. Quinnell Recording Secretary CITY OF ROSEMOUNT 2875 145t Rosemount, MN Everything's Coming Up Rosemount!! 55068 4997 Planning Commission Phone pai 423 g Hearing Impaired 423 66 219 Regular Meeting Minutes August 12, 1997 Fax 612 423 52 03 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, August 12, 1997 at 6:30 p.m. Chairperson William Droste called the meeting to order with members Jay Tentinger, Kim Shoe Corrigan and Jeffery Weisensel present. Member Mark DeBettignies arrived at 7:35 p.m. Also in attendance were Community Development Director Dan Rogness, City Planner Rick Pearson, Civil Engineer Doug Litterer, and Intern Ron Mullenbach. There were no additions or corrections to the agenda. MOTION by Weisensel to approve the July 22, 1997 Regular Planning Commission Meeting Minutes. Seconded by Tentinger. Ayes: Tentinger, Droste, Shoe Corrigan and Weisensel. Nays: 0. Motion carried. Department Announcements III Commissioners noted the actions taken by the City Council on August 5, 1997. There was discussion concerning the County's study on the future of Hwy. 3 and what effect any changes could have on the downtown area. The County initially recommended a principal arterial designation for Hwy. 3, but has since backed away from that recommendation due to insufficient capacity. New Business: Title 9 Rewrite Mr. Rogness presented the proposed amendment to Title 9 of the City Code. Issues discussed included the new Chapter 5 providing regulations for moving buildings, the on -site septic regulations, and work hours. The rewrite has been reviewed and approved by counsel and has been studied closely to ensure there are no conflicts with City ordinances. Chairperson Droste recessed the meeting for 10 minutes at 6:50 p.m. Public Hearing: Cooperative Power Chairperson Droste opened the public hearing for the Cooperative Power Transmission Facility. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson presented the application by Cooperative Power for a permit to install a high power transmission line in Rosemount from Dodd Blvd. and McAndrews Road along STH #3 to Eagan. Most of the route is within the right -of -way. The purpose for this request is to supply additional power to meet increasing demands. Planning Commission Regular Meeting Minutes August 12, 1997 Page 2 Chairperson Droste opened the floor to the applicant. Kevin Maas and Bill McGoldrick appeared on behalf of Cooperative Power. In response to Commissioners' questions, Mr. Maas indicated wood poles will be used along the line, with steel structures at the corners of Cliff Road and McAndrews. The wood poles are designed to last 20 -25 years. NSP previously removed a backup system. This is a replacement for that facility. In addition to notifying property owners within 300' of the line, Cooperative Power held an Open House on May 21 to explain the plans to residents. Trees will be removed at the corner of McAndrews. Mr. Pearson explained the Tree Preservation Ordinance does not apply to this situation. Cooperative Power plans to begin this work late September, 1997. Chairperson Droste opened the floor to the public. Mayor Cathy Busho, 12605 South Robert Trail, lives along the line route. There is concern by some residents that the steel pole located at the corner of McAndrews will interfere with television reception. Mr. Maas indicated there is generally no problem with interference. Cooperative Power will monitor the reception before and after installation and will take care of any problems. Paul Scarpari, 12700 Dodd Blvd., lives at the corner of Dodd Blvd. McAndrews Road. Cooperative Power will be connecting to an existing NSP line which runs across his property. The existing NSP line carries 69,000k. When it is wet, the line makes noise. Mr. Scarpari wondered why the lines could not run underground. That would also eliminate damage done by high winds, ice, and other weather conditions. Mr. Maas explained the cost to do this would be excessive. If a problem occurs, it takes additional time to locate and repair the problem. The existing NSP line is not modern and may require additional insulation. Mr. Scarpari was instructed to contact NSP concerning this problem. Mr. Scarpari restated his desire that he wants the lines underground. Mr. McGoldrick further explained that, due to the high voltage, a cooling system would have to be installed if the lines are underground. This would be extremely expensive, more than double the cost. MOTION by Droste to close the Public Hearing. Seconded by Tentinger. Ayes: Droste, Shoe Corrigan, Weisensel, and Tentinger. Nays: 0. Motion carried. Commissioners agreed with Mr. Scarpari that it would be nice to have underground lines, however, cost prohibits this. MOTION by Tentinger to recommend that the City Council approve the Transmission Facilities permit requested by Cooperative Power. Seconded by Droste. Ayes: Shoe Corrigan, Weisensel, Tentinger, and Droste. Nays: 0. Motion carried. Public Hearing: Shannon Pond South Concept Residential PUD Chairperson Droste opened the public hearing for the Shannon Pond South- Concept Residential Planned Unit Development. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Planning Commission Regular Meeting Minutes August 12, 1997 Page 3 Mr. Pearson presented the application by Hampton Development for approval of a Concept Plan consisting of 39 single family detached lots. Density is less than 11/2 du/acre. The twin homes included in the prior Concept Plan have been completely eliminated. 158th St. has been moved 55 feet to the east. Two lots will front Shannon Parkway and the "flag lot" has reappeared. Variances may be required for direct access to Shannon Parkway and for the flag lot. Additionally, Dakota County may require additional right -of -way for County Road 46. This would result in reduced lot depth for the lots along the southern edge of the development. There is a lift station and easement in the southeast corner of the project. Commissioners discussed the "flag lot" and wondered if it could be split into two 70' wide lots. Existing lots in Westridge are 75' wide. If a variance were allowed for the narrow lots, it would not be abnormal for this area. Chairperson Droste opened the floor to the applicant. Jim Allen of Hampton Development was present at the meeting and available to answer questions. Chairperson Droste opened the floor to the public. Carl Osterhaus, 4165 158th St., stated he likes the plan. The developer has listened to the neighborhood. He believes the market will guide the value of the homes. Jim Burkhardt, 4160 158th St. West, believes it is a good plan. The flag lot is something the Planning Department will have to work with. MOTION by Droste to close the Public Hearing. Seconded by Shoe Corrigan. Ayes: Weisensel, Tentinger, Droste and Shoe Corrigan. Nays: 0. Motion carried. Commissioner Shoe Corrigan looked at other options to eliminate the lots on Shannon Parkway. Mr. Litterer explained the need for the ponding area, thereby limiting the options in this area. Concerning the flag lot, Commissioner Shoe Corrigan is in favor of splitting this area into two 70' wide lots. Commissioner Weisensel stated his preference for the two 70' lots and indicated the remaining variances are acceptable. Chairperson Droste also agreed with the two 70' lots. Commissioner Tentinger indicated his approval of this plan, however, noted his preference for the previous development plan. There was more open space in the previous plan and there were not two homes separated out on Shannon Parkway. MOTION by Droste to recommend that the City Council approve the concept residential planned unit development for Shannon Pond South subject to: 1) Execution of a subdivision agreement to secure public infrastructure and including recommendations relative to grading, utilities, easements, rights -of -way, ponding, streets and public infrastructure requirements as identified by the Public Works Department. 2) Incorporation of recommendations relative to the right -of -way width and Planning Commission Regular Meeting Minutes August 12, 1997 Page 4 intersection spacing of future County Road 46 by the Dakota County Plat Commission. 3) Developer must make payment to the City at final plat for: a) 1997 Storm Trunk Area Charges at $2,000 per acre which is estimated at this time in the amount of $40,000 (Based upon an estimated 20 acres); b) 1997 GIS fees of $50 per lot/unit estimated to be $1,950 (Based upon 39 units); c) Preliminary payment for future street, trail and related improvements to 160th Street West, estimated at this time in the amount of $69,564. 4) Conformance with applicable engineering, subdivision and zoning requirements for PUD final development plan review and platting. 5) Sufficient screening provided along 160th Street West/County Road 46 to mitigate the effects of traffic volumes generated by a minor arterial highway. 6) Park dedication will be in the form of cash in the amount of $35,100 (Based upon 1997 fee resolution relative to 39 single family detached lots). 7) Converting the "flag lot" and adjacent conventional lot into two 70' frontage lots along Danville Avenue. Seconded by Shoe Corrigan. Ayes: Tentinger, Droste, and Shoe Corrigan. Pass: Weisensel. Nays: 0 Motion carried. Public Hearing: The Enclave- Residential Final PUD, Preliminary Plat and Rezoning Chairperson Droste opened the public hearing for The Enclave- Residential Final PUD, Preliminary Plat and Rezoning. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson presented the application of Pulte Homes to develop the 35 acres formerly owned by the University of Minnesota located between CSAH 42 and the Biscayne Way area. The concept was previously approved for 126 units including detached, twinhome and townhome units. Pulte Homes is proposing 56 detached townhomes and 72 rambler style townhouse units. The detached townhomes border the existing neighborhood, providing a transition from detached to attached dwellings. Density is less than 4 du/acre. The development has a public through street with two cul -de -sacs which connects Biscayne Avenue and 145th Street. A second connection to Biscayne Avenue is via a private street. Due to a pipeline easement, the through street is located in an area which will result in significant tree loss. The developer has performed a tree inventory, and City Staff has inspected the area to determine the extent of unhealthy trees. From this initial review, it appears the developer's responsibility for tree replacement is 1,900 trees. The corner lots at the entrances to the cul -de -sacs will require variances for 20' additional setback (rather than the required 30'). There is an issue with snow removal and storage and consideration could be given to grouping or sharing driveways. Sidewalks or trails will be located on both 145th Street West and Biscayne Avenue to provide pedestrian access to Biscayne Park. In addition, park dedication fees paid by the developer will be used for improvements to Biscayne Park. Commissioners discussed the tree replacement issue, suggesting that trees be planted elsewhere in the City if there is limited space for plantings within the development. Trees must be replaced with similar types of trees. The developer will be establishing a new shelter belt along CSAH 42. Chairperson Droste opened the floor to the applicant. Planning Commission Regular Meeting Minutes August 12, 1997 Page 5 Gary Grant, Vice President of Construction for Pulte Homes was present at the meeting. Mr. Grant presented a history of the company. The targeted market for this development will be baby boomer age and older. Dennis Griswald was also present on behalf of Pulte Homes. Mr. Griswald indicated they are attempting to save trees along Biscayne and some maples along 145th Street. A large number of trees will be planted along the north perimeter of the property, together with berming. Plantings will also be along CSAH 42 and the right -of -way easement, along Biscayne and 145th St. There will be 722 trees planted, replacing existing trees which are near the end of their growth cycle. Based upon their inventory, 650 trees will be removed. While a tot lot was recommended by the City for the open space, the developer would prefer to put in a picnic area and gazebo, which would more closely meet the needs of the potential buyers. The entire area will be governed by an Association. The developer held a neighborhood meeting last week, which was attended by 5 residents. Commissioner DeBettignies, addressing the snow removal and storage issue, asked why the through street is not private and maintained by the Association. Mr. Pearson explained Public Works recommended that, because the street connects two collector streets, it should be public. The street will be built to standard width. 12 foot wide driveways are recommended in the cul -de -sacs. Because the majority of the street is not double loaded, snow removal should be comparable to a conventional street with driveways on both sides. The interior streets will be maintained by the Association. Mr. Litterer suggested combining two driveways into one 24' wide driveway. Mr. Grant indicated the developer prefers 16' wide driveways. Commissioner Shoe Corrigan expressed concern that snow buildup could cause visibility problems. There was further discussion concerning application of the Tree Preservation Ordinance. Mr. Pearson indicated he estimates 30% of the trees were past the growth cycle or unhealthy. Mr. Pearson also indicated the tree ordinance was not in place when the concept was approved. Commissioner Weisensel confirmed all structures will be slab -on- grade. Mr. Grant indicated the potential buyer does not wish to incur the additional cost for a basement. All storage is in the garage. No storage sheds are allowed. Chairperson Droste opened the floor to the public. Norman Timmer, 14625 Biscayne Way, indicated he has no problem with removal of the trees. He feels they will be replaced with better plantings. Marlin Rechtzigel, 14727 Clayton Avenue, claims the subject property was confiscated from his neighbors for the war effort and was later sold to the University. Since then the property has been contaminated by the University. This property should be turned back to the public. Although the development appears to be a nice project, it should not be placed where the property owner was forced to sell. Mr. Rechtzigel cannot sell his property because of the contamination, and now the City is encouraging development of the property. Planning Commission Regular Meeting Minutes August 12, 1997 Page 6 Scott Baldwin, 14555 Biscayne Way, disagrees on the tree issue, claiming the trees are 50 years old and have created their own ecosystem. Mr. Baldwin further indicated the townhome units do not appreciate in value like detached homes. The existing neighborhood has small children, which would not mix with the proposed plan. The developer is cramming in too many lots. There are two structures behind his home. There will be increased traffic to Biscayne Park and people will be forced to walk on the street. Without basements under the units, there is a concern for shelter during severe weather. Paul Wrolstad, 14545 Biscayne Way, is concerned about the width of the lots. Traffic on 42 will see it as single family detached homes, not townhomes, on very narrow lots. There is more than 30% coverage on these small lots. Mr. Pearson responded that the PUD R -2 requirements do not require 30% coverage for twinhomes, and this issue does not come into play for the detached units. Mr. Wrolstad was also concerned about the lack of shelter in severe weather. Dean Carlson, 14699 Biscayne Way, favors the development. As long as the property has to be developed, he would prefer to see this type of development occur. Nancy Cisewski, 14675 Biscayne Way, asked how high the berms will be. The berms will be 2' -4' with trees planted on top. Ms. Cisewski also wondered how this will affect their taxes. Mr. Pearson indicated the County looks at an individual property and not adjacent properties when determining taxes, and instructed Ms. Cisewski to verify this with the County Assessor's office. Ms. Cisewski stated that, although she would prefer to see the property remain public land or have more open space, the plan is acceptable. Gale LaFavor, 14635 Biscayne Way, would prefer to see the homes further apart. Katie LaFavor, 14635 Biscayne Way, asked how far the houses are from the rear property line. Mr. Pearson indicated the detached dwellings have the same setback requirements as typical single family lots. The homes are 30' from the rear property line. Rhonda Baldwin, 14555 Biscayne Way, would like to see the developer work around the trees and not disturb the wildlife. The lot sizes should blend with the existing neighborhood. Marlin Rechtzigel, 14727 Clayton Avenue, restated his claim that this is stolen property. Anyone involved in its sale is an accessory to the crime. The property should be public land. Mr. Pearson explained to Mr. Rechtzigel that the issue before the Planning Commission is not the sale of the land. The City has no authority over the transfer of ownership of land. MOTION by Droste to close the public hearing. Seconded by Tentinger. Ayes: Droste, Shoe Corrigan, Weisensel, DeBettignies, and Tentinger. Nays: 0. Motion carried. Commissioner DeBettignies addressed neighbors' concerns regarding severe weather shelter. There are no state statutes which require the developer to provide shelters. Planning Commission Regular Meeting Minutes August 12, 1997 Page 7 There were further discussions concerning the streets. Mr. Pearson indicated the streets are aligned for future expansion and designed to avoid offsetting intersections. 145th Street will be upgraded. Additionally, new sidewalks will provide pedestrian access to the park. Commissioner Tentinger asked whether the through street could be moved north, enlarging the Outlot A area. Mr. Griswald indicated there would be a facility in the outlot area for the residents. Back to back yards are more feasible. There is a possibility the road could be moved approximately 10' south. Commissioner Tentinger further asked if the developer would consider expanding the lots wider. Mr. Griswald responded the tree situation reduces the buildable lots. To maintain balance and project viability, wider lots are not possible. Mr. Pearson further indicated the building mass will provide buffer to the existing neighborhood from CSAH 42. Chairperson Droste pointed out the original concept allowed 126 units, the developer is proposing 128 units. If 2 units were dropped, 5' would be added to the lots. Mr. Grant indicated there is no flexibility in lot reduction. Compared to existing developments in other cities of detached townhomes, lots run 40' -50'. Commissioner Shoe Corrigan indicated she likes the concept plan. There is transition between the existing homes and CSAH 42. She questions, however, the intentions of the developer as concerns the tree replacement. The developer previously asked for flexibility in the replacement of trees. The Tree Preservation Ordinance is fair, and the developer has a responsibility to the community to follow the regulations. The developer should be given credit for unhealthy trees, to be determined by Staff. She supports the plan, provided there is no compromise on tree replacement. If the ordinance is not strictly followed, she will not support the concept plan. Mr. Grant stated the developer will work with Staff to determine the number of unhealthy trees. They asked for flexibility in that determination, not in compliance with the Tree Preservation Ordinance. Commissioner Weisensel noted this is the City's first experience with the Tree Preservation Ordinance. Compliance must be scrutinized very carefully. He does not agreed with the slab -on- grade and lack of demand for basements. Further, Commissioner Weisensel indicated it is not unreasonable to drop three units from the plan to get wider lots for more green space. Chairperson Droste also wants the tree ordinance followed. Commissioner DeBettignies supports the plan and the landscape plan. Setbacks are close to what you find in R -1, and the plan is more consistent in density with R -1 than standard R -2. There was confusion regarding the side setbacks. The plans reflect 10' side yard setbacks, however, Mr. Griswald explained the garage side has a 5' setback. MOTION by DeBettignies to recommend that the City Council rezone Outlot C, University Addition to R -2, Single Family attached Residential from IP, Industrial Park in conformance with Planning Commission Regular Meeting Minutes August 12, 1997 Page 8 the Comprehensive Guide Plan. Seconded by Tentinger. Ayes: Shoe Corrigan, Weisensel, DeBettignies, Tentinger, and Droste. Nays: 0. Motion carried. MOTION by DeBettignies to recommend that the City Council approve the Preliminary Plat and PUD final development plan "The Enclave" requested by Pulte Homes subject to: 1) Rezoning Outlot C, University Addition to R -2, Single Family attached Residential. 2) Conformance with zoning and subdivision requirements for a PUD agreement and platting requirements. 3) Park Dedication in the form of cash based upon 1997 fee resolution, ($900 per unit) estimated to be $115,200.00 as well as incorporating recommendations from the Park and Recreation Committee regarding sidewalks, trails and private recreational amenities. 4) Execution of a subdivision agreement to secure public infrastructure and including recommendations relative to grading, utilities, easements, rights -of -way, ponding, streets and public infrastructure requirements as recommended by the Public Works Department. 5) Incorporation of recommendations relative to County State Aid Highway 42 by the Dakota County Plat Commission. 6) Developer must make payment to the City at the time of final plat for the following items: a) Preliminary payment for future improvements to 145th Street West, including street and trail estimated at this time in the amount of $50,812.80; b) Preliminary payment for future trunk watermain improvements on 145th Street West estimated at this time in the amount of $10,251.00; c) 1997 Storm Sewer Trunk Area Charges at $2,530 per acre which is estimated at this time in the amount of $89,056 (Based upon 35.2 acres); and, d) 1997 Geographic Information System (GIS) fees at $50 per lot/unit estimated at this time in the amount of $6,400 (Based upon 128 units). Seconded by Tentinger. Ayes: Weisensel, DeBettignies, Tentinger, Droste, and Shoe Corrigan. Nays: 0. Motion carried. Chairperson Droste recessed the meeting for 5 minutes at 10:20 p.m. Public Hearing: Northern States Power Company Substation Site Plan Transmission Facility Chairperson Droste opened the public hearing for Northern States Power Company Site Plan and Transmission Facility. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson presented the site plan for an electrical substation submitted by NSP. Additionally, NSP is seeking a transmission facility permit NSP is leasing property from Koch for construction of the substation on 140th St. The substation is set back 100' from the 140th St. East right -of -way. There is 90% opacity screening, with 6' high berms, trees and shrubs. The site plan meets all requirements. The transmission line travels along the railroad right -of -way into the Koch facility. Chairperson Droste opened the floor to the applicant. David Callahan and Joe Mansur appeared on behalf of NSP. Mr. Callahan stated the purpose for this facility is to supply additional service to the Rosemount area. Grading will commence in the fall, with an estimated completion date of December, 1998. The facility can be expanded if future demand requires it. Ultimate expansion is for four circuits. NSP will take out two circuits by 1999. There are long term plans for another station as a backup system. Planning Commission Regular Meeting Minutes August 12, 1997 Page 9 Chairperson Droste opened the floor to the public. Marlin Rechtzigel, 14727 Clayton Avenue, indicated substations are prone to stray voltage and asked if this could be a problem with the proposed facility. Mr. Mansur responded that substations are not the contributor to stray voltage. This is an issue with single lines. MOTION by Tentinger to close the public hearing. Seconded by Shoe Corrigan. Ayes: DeBettignies, Tentinger, Droste, Shoe Corrigan and Weisensel. Nays: 0. Motion carried. In response to Chairperson Droste's inquiry, Mr. Callahan confirmed that trees are not an issue at this site. MOTION by Tentinger to approve the site plan and substation requested by Northern States Power Company. Seconded by Shoe Corrigan. Ayes: Tentinger, Droste, Shoe Corrigan, Weisensel, and DeBettignies. Nays: 0. Motion carried. MOTION by Tentinger to recommend that the City Council approve the Transmission Facilities permit requested by Northern States Power Company. Seconded by DeBettignies. Ayes: Droste, Shoe Corrigan, Weisensel, DeBettignies, and Tentinger. Nays: 0. Motion carried. There being no further business to come before this Commission, upon MOTION by Droste, and upon unanimous decision, the meeting was adjourned at 10:55 p.m. Respectfully submitted, .l Vt Dianne G. Quinnell Recording Secretary CITY OF ROSEMOU NT 2875-- 1fi th S t ree t West Rosemount, MN Everything's Coming Up Rosemount" 55068 -4997 Phone 612- 423 -4411 3 111,e4 Planning Commission Hearing Impaired 423 -6219 Regular Meeting Minutes August 26, 1997 Fax 612-423-5203 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, August 26, 1997 at 6:30 p.m. Chairperson William Droste called the meeting to order with members Jay Tentinger, Kim Shoe Corrigan and Jeffery Weisensel present. Absent was member Mark DeBettignies. Also in attendance were City Planner Rick Pearson and Intern Ron Mullenbach. There were no additions or corrections to the agenda. MOTION by Weisensel to approve the August 12, 1997 Regular Planning Commission Meeting Minutes. Seconded by Shoe Corrigan. Ayes: Tentinger, Droste, Shoe Corrigan and Weisensel. Nays: 0. Motion carried. Department Announcements Commissioners noted the actions taken by the City Council on August 19, 1997. There was discussion concerning the Hampton Development findings for denial and extensive discussions concerning the issue of prezoning properties. Commissioner Shoe Corrigan pointed out the DNR is providing grants for conservation needs and urged City Council and Staff to pursue these options. Chairperson Droste moved agenda items S.A. and S.B. to follow the public hearing. Public Hearing: Barthel Addition Chairperson Droste opened the public hearing for the Barthel Addition Plat. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson presented the proposed plat of Barthel Addition. The purpose of this plat is to split the vacant lot and combine it with three surrounding property owners. Additionally, the four residents of the block surrounded by Bengal Avenue, 130th Street and 130th Way are trading property in order to square off property lines. The application is a housekeeping matter. Chairperson Droste opened the floor to the applicant. Eugene Barthel was present at the meeting and available to answer questions. Chairperson Droste opened the floor to the public. There was no public comment. MOTION by Droste to close the public hearing. Seconded by Tentinger. Ayes: Droste, Shoe Corrigan, Weisensel, and Tentinger. Nays: 0. Motion carried. Commissioner Weisensel confirmed the proposed plat does not create any nonconforming setbacks. Planning Commission Regular Meeting Minutes August 26, 1997 Page 2 Commissioner Tentinger further confirmed that, if the road needs to be modified, the City can request the right -of -way as indicated on the plan. MOTION by Tentinger to recommend that the City Council approve the Barthel Addition Plat subject to: 1) Payment of GIS fees in the amount of $200 based upon $50 per lot; 2) Incorporation of recommendations relative to easements and right -of -way as identified by the Public Works Department. Seconded by Shoe Corrigan. Ayes: Shoe Corrigan, Weisensel, Tentinger, and Droste. Nays: 0. Motion carried. Old Business: Comprehensive Plan Revision Update Mr. Mullenbach presented the land demand forecasts for the City of Rosemount. This is the first step in revising the Comprehensive Guide Plan. Staff will be seeking comments from the Planning Commission as this revision process continues. Commissioner Tentinger asked why there isn't more land dedicated to parkland. Mr. Pearson indicated that parkland is covered in the Master Parks Plan, separate from the Comprehensive Plan. He further explained that the continuing costs associated with development and maintenance of parks is a consideration. It was suggested that Jim Topitzhofer be contacted concerning a worksession on this issue. Commissioner Weisensel inquired as to how far the City can go regarding density. The Met Council will be making comparisons with other communities and will advise accordingly. Old Business: Zoning Ordinance Revision Update Mr. Mullenbach provided a summary of the Zoning Ordinance revision process. Community Development has been identifying a list of possible uses in each zoning district, revising the ordinance to allow conditional use permits, and designing development standards. There was discussion concerning the conditional use permits and requirements for single family homes. There being no further business to come before this Commission, upon MOTION by Droste, and upon unanimous decision, the meeting was adjourned at 8:35 p.m. Respectfully submitted, de Dianne G. Quinnell Recording Secretary ex y CITY OF ROSEMOUNT 2875 Rosemount, MN Everything's Coming Up Rosemount!! 55068 4997 Phone 612423-4411 Planning r Commission Hearing Impaired 423 -6219 Regular Meeting Minutes September 9, 1997 Fax 612-423-5203 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, September 9, 1997 at 6:30 p.m. Chairperson William Droste called the meeting to order with members Mark DeBettignies, Jay Tentinger, Kim Shoe Corrigan and Jeffery Weisensel present. Also in attendance were City Planner Rick Pearson, Intern Ron Mullenbach and Civil Engineer Doug Litterer. There were no additions or corrections to the agenda. MOTION by Droste to approve the August 26, 1997 Regular Planning Commission Meeting Minutes. Seconded by Shoe Corrigan. Ayes: Tentinger, Droste, Shoe Corrigan and Weisensel. Nays: 0. Present: DeBettignies. Motion carried. Department Announcements Commissioners noted the actions taken by the City Council on September 2, 1997. Commissioners discussed the reasons for the Town Country PUD denial. There was also discussion concerning interpretation of the tree preservation ordinance in the Pulte Development. Mr. Pearson explained the calculations used to arrive at the tree replacement obligation. Commissioner Weisensel requested more specific information to clarify the method of calculation. Chairperson Droste moved agenda items 5.A. and 6.A. to follow the public hearing. Public Hearing: McAllister Variance Petition Chairperson Droste recessed the Planning Commission meeting and opened the Board of Appeals and Adjustments and the public hearing for the McAllister Variance Petition. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson presented the request by Michael McAllister for a variance from lot size requirements in order to build a single family residence on a 3 /4 acre parcel in the Rural Residential district. Much of the existing neighborhood residences are on lots 1 /2 1 acre in size. A variance may be allowed if the house can be placed on the lot and can properly sustain a septic system. The home will be constructed on the eastern portion of the property and will be within required building setbacks and code requirements. There is drainage system extending through the middle of the property from the neighboring lots to the north. A mound system is proposed for the septic system, located in the west center of the property. Building Official Heimkes reviewed the Soil and Perk Test done on this property and the plans for the septic system and approved the proposed mound system and drainfield. Planning Commission Regular Meeting Minutes September 9, 1997 Page 2 Chairperson Droste opened the floor to the applicant. Michael McAllister was present at the meeting. Mr. McAllister indicated his desire to build a home upon this property and does not feel the drainage will present a problem. Chairperson Droste opened the floor to the Public Timothy Baker, 12930 Bengal Ave. W., lives across the street from the subject lot. Mr. Baker indicated the lot is the lowest in the area and feels the lot is too small to handle the septic system. In response to Commissioners' questions, Mr. Baker does not feel the septic system will interfere with his. He further explained the lot is wooded and he is concerned the house constructed on the lot will be small and may affect his property value. Mr. Pearson presented a cross section diagram of the mound system and repeated that the system has been examined and approved by the Building Official. Mr. McAllister indicated the house will be built on the high spot of this lot, and the homeowner desires to keep the lot as natural as possible, removing only the trees which are necessary for construction. Trees along the property line will remain. MOTION by Droste to close the public hearing. Seconded by DeBettignies. Ayes: Tentinger, Droste, Shoe Corrigan, Weisensel, and DeBettignies. Nays: 0. Motion carried. Commissioner DeBettignies requested language be added to the motion requiring there be no disruption to the natural drainage in the area. MOTION by DeBettignies to grant the variance to lot area requirements for the property located at 2193 130th Way for Rural Residential use subject to conformance with all applicable building codes and requirements for Individual Sewage Treatment Systems and no disruption to the natural drainage area. Seconded by Droste. Ayes: Droste, Shoe Corrigan, Weisensel, DeBettignies, and Tentinger. Nays: 0. Motion carried. Chairperson Droste closed the Board of Appeals and Adjustments and reconvened the Planning Commission hearing. Old Business: Zoning Ordinance Revision Timeline Mr. Mullenbach presented a proposed timeline for the Zoning Ordinance revision process. Items for consideration are arranged according to priorities and complexity of issues. New Business: RL- Residential Low Density District Zoning Text Amendment Mr. Mullenbach presented the proposed changes to the RL -Low Density Single Family Residential District. The RL District requires minimum lot area of 20,000 sq.ft. It adds a cluster component and encourages development to preserve natural features. Also included are accessory uses and, a new component, conditional uses. The principal use must be established before an accessory use is Planning Commission Regular Meeting Minutes September 9, 1997 Page 3 permitted. In the current Zoning Ordinance, various requirements and setbacks pertaining to a particular district are covered in various other chapters. In the proposed revision, all of this information is included within one chapter. Following discussion, Commissioners recommended the following changes and requested that a revised draft be reviewed at the next meeting: Limit the size and restrict the location of satellite dishes Delete cemeteries from Accessory Uses Delete Licensed Child Day Care (more than 12 persons), Licensed Residential Facilities, and Churches and Places of Worship from Conditional Uses Include definition of steep slopes Include definition of natural and unique features There being no further business to come before this Commission, upon MOTION by Droste, and upon unanimous decision, the meeting was adjourned at 9:05 p.m. Respectfully submitted, Dianne G. Quinnell Recording Secretary r `y CITY OF RO S E M 0 U N T 2875 C1 45t h i Street West Rosemount, MN Everything's Coming Up Rosemount!! 55068-4997 Phone 612- 423 4411 Planning Commission Hearing Impaired 423 -6219 Regular Meeting Minutes September 23, 1997 Fax 612423-5203 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, September 23, 1997 at 6:30 p.m. Vice Chairperson Mark DeBettignies called the meeting to order with members Kim Shoe Corrigan and Jeffery Weisensel present. Absent were Chairperson William Droste and Member Jay Tentinger. Also in attendance were City Planner Rick Pearson, Intern Ron Mullenbach, Civil Engineer Doug Litterer, and Water Resource Coordinator Tim Brown. Mr. Pearson requested that item 6.B. Housing Zoning Standard Enhancements be added to the agenda. Vice Chairperson DeBettignies requested the minutes from the September 9, 1997 Regular Meeting be amended to reflect his vote of "Present" on the August 26, 1997 Minutes. MOTION by Weisensel to approve the September 9, 1997 Regular Planning Commission Meeting Minutes, as amended. Seconded by DeBettignies. Ayes: DeBettignies, Shoe Corrigan and Weisensel. Nays: 0. Motion carried. Department Announcements Commissioners noted the actions taken by the City Council on September 16, 1997. RL Low Density Residential District Mr. Pearson presented the revised draft of the zoning ordinance amendment for the RL Low Density Residential District. In response to Commissioners' concerns at the last meeting regarding slope protection, Mr. Pearson presented a diagram showing the actual amount of slope in relation to the various percentages that had been discussed. Tim Brown was present at the meeting to provide his expertise on the slope issue and to answer Commissioners' questions. Mr. Brown indicated that 12 -18% slopes are buildable. The Department of Agriculture set 12% for erosion control. Mr. Brown indicated a blanket restriction is hard to justify and may not be an effective way to deal with this issue. It is important to identify specific locations for protection. Mr. Pearson recommended identifying cluster zones and protected wetlands. The restrictions cannot be capricioius and arbitrary or they will be subject to challenge. Presently, the Comp Guide Plan policy protects 20% slope and the City policy protects 25 Vice Chairperson DeBettignies recessed discussion on this issue until after the scheduled public hearings are concluded. Planning Commission Regular Meeting Minutes September 23, 1997 Page 2 Public Hearing: Holter Variance Petition Vice Chairperson DeBettignies recessed the Planning Commission meeting and opened the Board of Appeals and Adjustments and the public hearing for the Holter Variance Petition. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson presented the request by Mark and Debra Holter for a variance from lot size requirements in order to build a single family residence on a 1.03 acre parcel in the Rural Residential district. The structure previously located upon the property has been demolished. The home to be built by the Holters will be located within all required setbacks. The on -site septic system designed for the site has been reviewed and approved by the Building Official. Vice Chairperson DeBettignies opened the floor to the applicant. Mark and Debra Holter were present at the meeting and available to answer questions Vice Chairperson DeBettignies opened the floor to the public. There was no public comment. MOTION by DeBettignies to close the public hearing. Seconded by Shoe Corrigan. Ayes: Shoe Corrigan, Weisensel, and DeBettignies. Nays: 0. Motion carried. MOTION by Shoe Corrigan to grant a variance to lot area standards for the 1.03 acre property located on the northeast corner of Biscayne Avenue and 130th Street West (PID 34016001070). Seconded by Weisensel. Ayes: Weisensel, DeBettignies, and Shoe Corrigan. Nays: 0. Motion carried. Vice Chairperson DeBettignies closed the Board of Appeals and Adjustments and reconvened the Planning Commission hearing. Public Hearing: Geronime Pond PUD Major Amendment Vice Chairperson DeBettignies opened the public hearing for the Geronime Pond PUD Major Amendment. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson presented the application by Heritage Development to amend the Geronime Pond PUD to change the twin home portion to detached town homes called "carriage homes." The developer has been unable to obtain a builder for the twin homes. If the amendment is not acceptable, the site may lay dormant until a builder comes along for the twin homes. Ryland Homes has shown an interest in constructing the carriage homes. The proposed carriage homes would provide another housing option, furthering diversification of the housing market in Rosemount. Additionally, the existing pond would provide separation from the single family homes in the northern part of the development. Negative aspects of this development are the reduced space between buildings, its Planning Commission Regular Meeting Minutes September 23, 1997 Page 3 compatibility with the existing conventional single family lots, and the lack of twin home developments in the city. In response to Commissioners' questions, Mr. Pearson explained this type of detached single family development consists of smaller lots than the conventional single family home development. This development differs from the Pulte development in that the elevations are different and the minimum separation is 13 feet, compared to 15 feet in Pulte. Commissioners asked whether a couple lots could be deleted to expand on the distances between the homes. Vice Chairperson DeBettignies opened the floor to the applicant. Tom Bisch appeared on behalf of Heritage Development. Mr. Bisch indicated the market is heading in the direction of this type of development. The development would be association controlled. A reduction in the number of units would pose an economic problem. Vice Chairperson DeBettignies had concerns about snow removal and where the snow would be taken, pointing out there are twice as many driveways. He suggested driveways be aligned side -by- side and be a 12' width. Mr. Bisch indicated this would be no problem. Vice Chairperson DeBettignies opened the floor to the public. Dennis Wippermann, 12538 Danbury Way, asked the price range for the proposed units. Mr. Bisch responded the price will be $160,000- $200,000. Mr. Wippermann indicated his concerns over the 50 -48' lots. The proposed development has small lot sizes in what appears to be a single family neighborhood. The side yard setbacks should be consistent with other areas. In comparison, the Pulte development is proposed for empty- nesters, consisting of single level homes rather than two story. Mr. Wippermann questioned whether the proposed development is designed for empty nesters. Mr. Wippermann also wondered what protection the city has that the association continues. He asked what prevents the disbandment of the association, resulting in a high density single family development. are Mr. Wippermann sees issues with this development and believes there should be policy implemented for this type of development as it appears to be very popular. This development is a different character of development from what has been advocated for a single family development. John DeBates, 19927 Akin Road, Farmington, owns the one acre parcel adjacent to the development. Mr. DeBates is concerned about the sewer water assessments he will suffer as a result of the development. These assessments are a big burden and will result in his lot being priced out of existence. Phillip Sterner. 15666 Cicerone Path, asked for clarification on the previous approved plan. MOTION by DeBettignies to close the public hearing. Seconded by Shoe -Corn Ayes: Shoe-Corrigan. A Y P g Y g Y DeBettignies, Shoe Corrigan, and Weisensel. Nays: 0. Motion carried. Planning Commission Regular Meeting Minutes September 23, 1997 Page 4 Commissioner Weisensel stated the 13' separation between buildings is less than anything previously seen and is not desirable. He asked if the developer was willing to compromise on this. Mr. Bisch responded that losing units does not make sense economically. In response to Mr. Wippermann's concerns about the permanency of the association, Mr. Bisch indicated the association is recorded against the plat. Commissioner Shoe Corrigan noted this development will be an extension of the existing neighborhood. It will have the appearance of higher density single family homes. There should be a minimum of 15 foot side yard setbacks. Mr. Bisch indicated Heritage would accept the 15' minimum setback. MOTION by DeBettignies to recommend approval of the major PUD amendment to the City Council subject to 1) conformance with zoning and subdivision requirements for a PUD agreement amendment; 2) Park dedication in the form of cash based upon 1997 fee resolution ($900 per unit); 3) incorporation of recommendations relative to driveways, grading, utilities, easements, rights -of- way, ponding, streets and public infrastructure by the Public Works Department; 4) incorporation of all other applicable conditions contained in Resolutions 1997 -99, 1997 -10 and 1997 -53, approving the concept, preliminary and final plat (first phase) of Geronime Pond; 5) a minimum of 15' separation between each building; and 6) designing the units such that the garage sides are adjacent to each other. There was no second to this Motion, and the motion was withdrawn. MOTION by Weisensel to recommend denial of the major PUD amendment to the City Council because of inadequate separation. Seconded by Shoe Corrigan. Ayes: Shoe Corrigan and Weisensel. Nays: DeBettignies. Motion carried. RL Low Density Residential District (Continued) Vice Chairperson DeBettignies reconvened the discussion on the RL District and slope protection issues. The following percentages currently exist for slope protection: 12 -18% Shoreland (MNRRA) 20% Arbitrary percentage contained in the Comp Guide Plan, for normal slopes 25% The City's current policy, supported by current practice. This pertains to finished grade. Mr. Pearson indicated it is desirable to have the ability to choose which slopes need protection rather than to have blanket protection. The blanket restrictions limit the ability to develop. Also, slope protection should not be limited to the RL District. Mr. Wippermann suggested that notices for the upcoming public hearing be mailed in addition to the required publication. Planning Commission Regular Meeting Minutes September 23, 1997 Page 5 There were further discussions concerning private detached garages, location of satellite dishes and transmission facilities. New Business: Zoning Districts AG R -4 Discussion Mr. Pearson presented the proposed revised draft for the Agriculture and Residential districts. Mr. Wippermann noted the conditional uses in the Rural Residential district include Commercial Greenhouse and Landscape Nurseries and Landscape Contractor Yards and Shops. Mr. Wippermann asked if the conditional use permits are permanent? Mr. Pearson explained they can be revoked; however, once it is established, it is difficult to remove. The draft for the Agriculture and Residential districts will be reviewed further at the October 14 meeting. New Business: Housing Zoning Standard Enhancements Mr. Pearson presented the current housing standards and indicated that staff recommendations for changes have been endorsed by the Committee of the Whole. Mr. Pearson pointed out the comparisons with other cities and discussed the current minimum requirements for a home built in Rosemount. The housing standards will be discussed in further detail at the October 14 meeting. There being no further business to come before this Commission, upon MOTION by Weisensel, and upon unanimous decision, the meeting was adjourned at 9:05 p.m. Respectfully submitted, ir Dianne G. Quinnell Recording Secretary CITY OF ROSEMOUNT 2 875 S West Rosemount, MN Everything's Coming Up Rosemount!! 55068-4997 Commission Phone I 423-4411 4411 Planning Hearing Impaired 423 -6219 Regular Meeting Minutes October 14, 1997 Fax: 612-423-5203 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, October 14, 1997 at 6:30 p.m. Chairperson William Droste called the meeting to order with members Mark DeBettignies, Jay Tentinger, Kim Shoe Corrigan and Jeffery Weisensel present. Also in attendance were Community Development Director Dan Rogness, City Planner Rick Pearson, Intern Ron Mullenbach, and Civil Engineer Doug Litterer. Chairperson Droste requested that item 6.A. Biscayne Pointe Final Plat be moved prior to Item 5.A. Zoning Ordinance Revision. Commissioner Weisensel requested the minutes from the September 23, 1997 Regular Meeting be amended to delete the last portion of the motion relating to the Geronime Pond PUD Major Amendment which reads "with a stated preference for the PUD as approved. [After review of the tape of the meeting, the corrected motion reads as follows: Recommend denial of the major PUD amendment to the City Council because of inadequate separation.] MOTION by DeBettignies to approve the September 23, 1997 Regular Planning Commission Meeting Minutes, as amended. Seconded by Weisensel. Ayes: DeBettignies, Tentinger, Droste, Shoe Corrigan and Weisensel. Nays: 0. Motion carried. Department Announcements Commissioners noted the actions taken by the City Council on October 7, 1997. New Business: Biscayne Pointe Final Plat Mr. Pearson presented the final plat for the first phase of Biscayne Pointe, located east of Biscayne Avenue, north of the railroad and the Dakota County Maintenance Garage. The first phase consists of 34 lots, located in the southwest corner of the plat. Streets and lot design are consistent with the approved preliminary plat. Two variance situations have been identified, for lot depth for Lot 24, Block 1, and lot width for Lot 10, Block 2. The developer indicated to staff that necessary adjustments will be made to the lot lines which will eliminate the need for any variances. Chairperson Droste noted a letter from the County addressed to Mayor Busho. The County requests that, due to the noise generated from the garage facility and the appearance of the shop, the developer be required to provide visual and sound barriers separating the garage from the housing development. Additionally, drainage to the southeast of the garage facility should not be blocked. Chairperson Droste directed the developer to advise homeowners of the County's garage facility and the activity and noise generated by its use. Planning Commission Regular Meeting Minutes October 14, 1997 Page 2 Discussions continued concerning land use along the railroad and a residential cross -over. Mr Pearson indicated the lots are 30 feet deeper than required to allow for the railroad. Commissioners feel buffering is necessary along the tracks and the County garage. MOTION by Tentinger to recommend that the City Council approve the final plat for Biscayne Pointe subject to: 1) Adjustments of lot lines as needed to eliminate a lot depth variance for Lot 24, Block 1 and lot width variance for Lot 10, Block 2; 2) Payment of Park Dedication in the amount of $30,600; 3) Incorporation of recommendations relative to drainage, easements, fees, grading, rights -of -way, streets and utilities by the Public Works Department. Seconded by Droste. Ayes: Tentinger, Droste, Weisensel, and DeBettignies. Nays: Shoe Corrigan. Motion passed. Chairperson Droste tabled Item 5.A. to follow the scheduled public hearings and recessed the meeting at 6:55 for five minutes. Public Hearing: Town Country Homes Rezoning Chairperson Droste opened the public hearing for the Town Country Homes Rezoning. The recording secretary has placed the Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson explained that, while notices of this public hearing were mailed to surrounding property owners, Rosemount Town Pages inadvertently failed to publish notice of the public hearing. Therefore, Mr. Pearson requested the public hearing be continued to October 28, 1997. Chairperson Droste indicated no comments on the Rezoning application would be allowed at this time. MOTION by Droste to continue the public hearing on Town Country Homes Rezoning to 7:00 p.m. on October 28, 1997. Seconded by Tentinger. Ayes: Droste, Shoe Corrigan, Weisensel, DeBettignies, and Tentinger. Nays: 0. Motion carried. Public Hearing: Twin City Townhomes, Inc. Chairperson Droste opened the public hearing for the Twin City Townhomes, Inc. Concept Residential Planned Unit Development. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson presented the concept plan for Twin City Townhomes, consisting of a 36 unit townhome project, located between STH 3, Chippendale Avenue, Carrousel Way and Wachter Lake. If the concept plan is approved, the developer will apply for rezoning to BP -3. The plan consists of 2,3, and 5 unit buildings located along a 750' long cul -de -sac. Staff will recommend the street be a private driveway due to the length of the cul -de -sac and separation of the units from the street (18' from curb to front of building). The private street option will given the developer more Planning Commission Regular Meeting Minutes October 14, 1997 Page 3 flexibility in house placement. Screening along Chippendale Ave., the commercial property to the north, and STH 3 is also appropriate. An issue with this plan is the private driveway long the northern edge of the development which services the movie theater. There is redundancy by the proposed driveway and the existing driveway. Mr. Pearson explained this second driveway into the theater was intended to be temporary. Commissioners were asked to determine if residential use is appropriate in this area. Commissioners discussed the driveway issue and possible expansion of the theater. Chairperson Droste opened the floor to the applicant. Patrick Simons appeared on behalf of Twin City Homes. Mr. Simons provided more detail of the development plans, indicating the units will have walkout or lookout basements, two -stall garages, and will be priced from $115,000- $140,000. The townhouse association will be managed by a professional management company. Chairperson Droste opened the floor to the public. There were no comments. MOTION by Droste to close the public hearing. Seconded by Tentinger. Ayes: Shoe Corrigan, Weisensel, DeBettignies, Tentinger, and Droste. Nays: 0. Motion carried. Commissioners further discussed the issues of rezoning, the cul -de -sac, snow removal from the theater parking lot and drainage. Commissioner Tentinger stated he does not find the layout of the development appealing and is not pleased with the concept plan. He feels the development should be pushed further south and the temporary driveway to the theater should remain. In response to Commissioners questions concerning the driveways, Mr. Litterer explained that Public Works recommends either /or, not both driveways. Mr. Simons indicated he felt the concept plan could be revised to allow access from the northern driveway. Tom Heiberg, representing Carlson Companies, stated the agreement was for one access to the theater from Chippendale and mentioned the theater is making plans to expand. MOTION by Droste to approve the concept for the Twin City Townhomes development subject to: 1) Replatting the current outlot as necessary for the development and the remaining vacant land; 2) Rezoning the concept area to BP -4, Business Park which allows the residential PUD; 3) utilizing the existing driveway to Chippendale Avenue located to the north of the development and incorporation of recommendations by the Public Works Department as to whether this access should be private or public, and as to grading, streets, utilities and associated development fees; 4) Payment of park dedication in the form of cash per dwelling unit based upon the current fee schedule in effect at the time of final planned unit development and platting approval. Seconded by Weisensel. Ayes: Weisensel, DeBettignies, Droste and Shoe Corrigan. Nays: Tentinger. Motion carried. Planning Commission Regular Meeting Minutes October 14, 1997 Page 4 Public Hearing: CMC Heartland Concept Plan Chairperson Droste opened the public hearing for the CMC Heartland Concept Residential Planned Unit Development. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson presented a summary of the concept plan submitted by CMC Heartland for property located east of Biscayne Avenue, north of 145th St.W. and south of the railroad tracks. The plan consists of five distinct neighborhoods with collector streets between CSAH 42 and Bacardi Avenue and to 145th St. W. Generally, the concept plan follows previous direction provided by the City Council and Planning Commission. Staff has identified the following issues: 1) Park land must be above the 100 year flood elevation; 2) the sewer interceptor poses a conflict with lot designs; 3) the detached townhome concept has not been supported in the past due to separation between the units; 4) the proportion of 70% single family homes is lower than the Comp. Guide Plan housing policy of 80 5) location of the north -south collector street should be aligned with the pipeline across the tracks. Chairperson Droste opened the floor to the Applicant. Tosh Neminsky, Director of Development 1111 for CMC, and John Uban, Planner for CMC, were present. Mr. Uban provided further details in the changes made to the plan, including a more traditional layout, integration of collector streets with the neighboring system, and park land separating higher density areas. Mr. Uban feels Dakota County should share in the buffering responsibility around the maintenance facility. Discussions continued concerning elimination of the triangular lot in the northeast portion, elimination of the "eyebrow" in the large cul -de -sac located east of the pond, elimination of the patio homes, pipeline and utility easements. Chairperson Droste opened the floor to the public. Lawrence Kane, 2387 145th St. W., expressed his concern about multiple family dwellings backing up to his neighborhood which has larger lot sizes. Mr. Kane is concerned the twin homes will eventually become rental property. Mr. Uban explained the twinhomes are approximately 50' from the lot lines and over 150' feet from the existing homes. Mr. Kane is also concerned about assessments for upgrades to 145th Street. John Wiederhold, 3370 145th St. W., owns property to the east of the ponding area located in the southeast portion of the development and is concerned about drainage onto his property. Mr. Litterer explained this is a storm water ponding system, providing drainage from Mr. Wiederhold's property. MOTION by Droste to close the public hearing. Seconded by Shoe Corrigan. Ayes: DeBettignies, Tentinger, Droste, Shoe Corrigan, and Weisensel. Nays: 0. Motion carried. .Planning Commission Regular Meeting Minutes October 14, 1997 Page 5 MOTION by DeBettignies to recommend that the City Council approve the concept for CMC Heartland Partners I "The Villages" dated September 3 and 22, 1997 subject to: 1) Incorporation of recommendations of the Park and Recreation Committee relative to park dedication, sidewalks and trails including the requirement for all parkland to be above the 100 year flood elevation; 2) Modification of the lot and street design to eliminate conflicts with the sewer interceptor, elimination of the "eye brow" from the larger cul -de -sac east of the pond; 3) Shifting the north- south collector street approximately 400 feet west along the railroad right -of -way or as recommended by the City Engineer; 4) Adjusting the housing mix to be consistent with the housing policies of the Comprehensive Guide Plan; 5) Incorporation of recommendations relative to drainage, easements, grading, ponding, right -of -way, streets and utilities by the Public Works Department; 6) Requiring appropriate screening and buffering for the Dakota County Maintenance Facility from the northwestern portion of the townhomes; and 7) Changing the patio home area to traditional single family detached homes. Seconded by Droste. Ayes: Tentinger, Droste, Shoe Corrigan, Weisensel and DeBettignies. Nays: 0. Motion carried. Public Hearing: Schmidt Variance Petition Chairperson Droste recessed the Planning Commission meeting and opened the Board of Appeals and Adjustments and the public hearing for the Schmidt Variance Petition. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson presented the request by Todd and Patricia Schmidt for a variance to sideyard setback, in addition to lot frontage requirements. The existing house, which is approximately 20 feet from the lot line, will be demolished. The foundation will be reused for construction of a new home. Reuse of the foundation would benefit the applicants financially, however, no conclusive evidence has been presented to show why the house cannot meet the 30' setback requirement. Access to the property is via a twenty foot easement to McAndrews Road. A variance is warranted for access. While the neighbors support the variance, there have been complaints concerning the use of the property for a landscaping business. This issue is separate from the variance requested. Commissioners inquired as to the terrain of the property and the existing septic system. Chairperson Droste opened the floor to the Applicants. Todd and Patricia Schmidt were present. Mr. Schmidt indicated perk tests were done three months ago and it is unclear where the drainfield is located. They intend to put in a new septic system. Mr. Schmidt further indicated the addition to the south side of the house will not require removal of the existing trees. Chairperson Droste opened the floor to the public. There was no comment. Chairperson Droste further presented a letter signed by several neighbors in support of the improvement to this property but objecting to its present use as a landscape business. MOTION by Droste to close the public hearing. Seconded by Tentinger. Ayes: Droste, Shoe Corrigan, Weisensel, DeBettignies and Tentinger. Nays: 0. Motion carried. Planning Commission Regular Meeting Minutes October 14, 1997 Page 6 Commissioner Shoe Corrigan inquired further into location of the drainfield. If the septic system cannot be located elsewhere, this would create a hardship, however, no evidence was presented that indicates this is the case. Commissioners questioned Ron Schmidt, owner of the property, as to location of the drainfield. Mr. Schmidt indicated he never had problems with the drainage and had no prior need to locate the drainfield. Commissioners concluded the septic system must be located in order to determine whether a hardship exists. MOTION by Droste to table this matter until further information is provided by the applicants prior to expiration of 60 days from receipt of the original variance application, at which time formal action to deny or approve the variance will be made. Seconded by Weisensel. Ayes: Shoe Corrigan, Weisensel, Tentinger, and Droste. Nays: DeBettignies. Motion carried. The Board of Appeals and Adjustments was closed and the Planning Commission hearing reconvened. Public Hearing: RL Very Low Density Residential District Zoning Text Amendment Chairperson Droste opened the public hearing for the RL Very Low Density Residential District Zoning Text Amendment. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson displayed maps to illustrate the overall density in the RL District. This zoning district is intended for unique qualities of land to present an opportunity for high level development while preserving the wetlands and other natural features. It consists of a multi -tier approach to zoning, creating a transition from rural to urban. The strategy is to provide a balance between preservation of unique features and recourse to the developer. The PUD process is appropriate for reviewing the cluster developments. Commissioner Tentinger asked about the cluster areas and minimum lot size. Mr. Pearson explained the PUD will allow smaller lots in the cluster areas. The benefit of clustering is to preserve open space. The location of the cluster zones will be defined. This zoning will also affect property located east of the Kelly Trust property, particularly north of Co. Rd. 38. Chairperson Droste opened the floor to the public Ron Brastad, 12541 Danbury Ave., is concerned about what effect development will have on the 111 area on the north side. He is concerned about visitors walking through his property and protection of wildlife. He would like to see lot sizes of 5 -10 acres. .Planning Commission Regular Meeting Minutes October 14, 1997 Page 7 Eric Heflin, 12506 Danbury Way, wants buffer zones between the hobby farm communities and the urban expansion. Dale Peterson, 12875 Deepwood Ct. S., would also like to see a buffer zone. Mr. Peterson appreciated what the City is attempting to do to preserve this area. Eric Johnson, 12549 Danbury Way, wants a buffer zone and minimum lot sizes of 5 acres along the northern edge. Mr. Pearson further explained this property is currently zoned R -1, requiring 10,000 sq.ft. lots. Discussions continued concerning the cluster zones. By allowing cluster zones, open space is preserved and density is transferred. Success is determined by how much of the land is left in its natural state. If density is decreased for cluster areas, the development will spread out into areas intended to be preserved. Commissioner Shoe Corrigan requested that wildlife be included in the Purpose and Intent paragraph of the ordinance. Commissioner Tentinger stated he wants 2 du/ac. for the cluster developments. Mr. Pearson explained this will take away from the preserved area. Additionally, this may take rights away from the developer by being too restrictive. Chuck Parrish, 12525 Danbury Way, wants the area to remain a rural setting and minimum lot size to be 21/2-5 acres. Roads will have to be improved because of the increased traffic. MOTION by Shoe Corrigan to close the public hearing. Seconded by Droste. Ayes: Weisensel, DeBettignies, Tentinger, Droste, and Shoe Corrigan. Nays: 0. Motion carried. MOTION by Droste to recommend that the City Council adopt the ordinance amendment for the RL Very Low Density Residential District, subject to the wildlife addition. Seconded by Shoe Corrigan. Ayes: DeBettignies, Droste, Shoe Corrigan, and Weisensel. Nays: Tentinger. Motion carried. Chairperson Droste recessed the meeting at 11:30 for 5 minutes. Old Business: Zoning Ordinance Revision: Zoning Districts AG R -4 Ron Mullenbach presented the proposed revisions to the AG through R -4 districts. Changes include townhouse development standards in the R -2 District. Also, single family detached standards are added, including basements, two -stall garages, increased roof pitch, and prohibition of duplicate housing styles built side by side. Definitions were also rewritten. This zoning ordinance revision will be scheduled for a public hearing. F Plunning Commission Regular Meeting Minutes October 14, 1997 Page 8 There being no further business to come before this Commission, upon MOTION by Droste, and upon unanimous decision, the meeting was adjourned at 11:45 p.m. Respectfully submitted, 0, Dianne G. Quinnell Recording Secretary "l' CITY HALL CITY OF RO S E M O U N T 2875 145th Street West Rosemount, MN E verything's C oming U p Rosemount!! 55068 -4997 Phone: 612- 423 -4411 Hearing Impaired 423 -6219 Planning Commission b Fax 612- 423 -5203 Regular Meeting Minutes October 28, 1997 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, October 28, 1997 at 6:30 p.m. Chairperson William Droste called the meeting to order with members Mark DeBettignies, Jay Tentinger, Kim Shoe Corrigan and Jeffery Weisensel present. Also in attendance were City Planner Rick Pearson and Civil Engineer Doug Litterer. Mr. Pearson requested that Item 6.A. Section 12 of the Zoning Ordinance be added to the agenda. MOTION by Droste to approve the October 14, 1997 Regular Planning Commission Meeting Minutes. Seconded by DeBettignies. Ayes: DeBettignies, Tentinger, Droste, Shoe Corrigan and Weisensel. Nays: 0. Motion carried. Department Announcements Commissioners noted the actions taken by the City Council on October 21, 1997 and requested further clarification of the Town Country denial. Mr. Pearson explained the townhouse concept was not at issue, rather, certain elements of this development such as the stacked units and single car garages. Commissioners discussed the conflict with conducting a Planning Commission meeting on Veteran's Day. MOTION by Droste to cancel the November 11, 1997 Regular Planning Commission meeting due to the conflict with the Veteran's Day holiday. Seconded by Tentinger. Ayes: Tentinger, Droste, Shoe Corrigan, Weisensel, and DeBettignies. Nays: 0. Motion carried. MOTION by Droste to schedule a Workshop for November 12, 1997. Seconded by Tentinger. Ayes: Droste, Shoe Corrigan, Weisensel, DeBettignies, and Tentinger. Nays: 0. Motion carried. Old Business: Schmidt Variance Petition Chairperson Droste recessed the Planning Commission meeting and opened the Board of Appeals and Adjustments. On October 14, 1997, the Planning Commission tabled action regarding the sideyard setback variance requested by Todd and Patricia Schmidt. Since the last meeting, Mrs. Schmidt notified Mr. Pearson that they have been unable to make a case for hardship based upon the septic system or the trees. The Schmidts have, therefore, withdrawn their request for a sideyard setback variance. Mr. Pearson explained there remains a need, however, for the lot frontage variance. Access to the subject property from McAndrews Road Planning Commission Regular Meeting Minutes October 28, 1997 Page 2 is via a twenty foot wide easement. Mrs. Schmidt indicated she will ensure the easement is recorded with Dakota County. MOTION by Tentinger to grant the variance to lot frontage requirements for 3794 McAndrews Road subject to the provision of evidence of an easement recorded with Dakota County for access. Seconded by Droste. Ayes: Shoe Corrigan, Weisensel, DeBettignies, Tentinger, and Droste. Nays: 0. Motion carried. MOTION by Tentinger to deny the sideyard setback variance request for 3794 McAndrews Road based on the inability to meet the findings required of Section 15.2 of the Zoning Ordinance. Seconded by Droste. Ayes: Weisensel, DeBettignies, Tentinger, Droste, and Shoe Corrigan. Nays; 0. Motion carried. Chairperson Droste closed the Board of Appeals and Adjustments and reconvened the Planning Commission hearing. New Business: Zoning Ordinance Section 12- Administration and Enforcement Mr. Pearson presented for the Commissioners' review a revised draft of Section 12 Administration and Enforcement of the Zoning Ordinance. This section covers requirements for site plan review, grading, mineral extraction, PUDs, Conditional Use Permits (CUP), Interim Use Permits (IUP), cemeteries, and amendments. The City Attorney has advised Staff that the CUPs should be in place prior to approving districts which allow CUPs. It is anticipated these zoning amendments will be discussed in detail at the workshop scheduled for November 12, followed by a public hearing on November 25. It will then go to Council for review and approval. Chairperson Droste recessed the meeting at 6:55 for 5 minutes. Public Hearing: Town Country Rezoning of "Outlot F" Chairperson Droste opened the public hearing for Town Country Rezoning of Outlot F. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson presented the application from Town Country to rezone the second phase of the townhouse development on the McNamara (Chippendale /42 Partnership) property from Agriculture to R -2 Single Family attached Residential. This rezoning is consistent with the approved Concept Plan and the Comprehensive Guide Plan. Planning Commission Regular Meeting Minutes October 28, 1997 Page 3 Chairperson Droste opened the floor to the Commissioners. Commissioners clarified that rezoning to R -2 is based on the land use, not the specific development, and that any changes in housing standards will be applied to this development. Chairperson Droste opened the floor to the Applicant. Peter Coyle appeared on behalf of the developer. Mr. Coyle recited the conditions of the PUD and asked the Commissioners to approve both the Site Plan and Rezoning at this hearing. Al Block, Town Country Homes, showed the changes which have been made in the site plans for Phase 1 and presented the plans for Phase 2. The structures in Phase 2 are similar to those in Phase 1. Mr. Pearson explained the Applicant submitted a Petition for Rezoning only, and has not submitted an application for the site plan review. The published and mailed Public Hearing Notices referred specifically to the rezoning, not a site plan review. This public hearing is set up solely for the rezoning and the focus should be on the land use. Chairperson Droste opened the floor to the public. Kelly McGivern, 15173 Claret Avenue, stated the neighboring residents are in favor of Phase 1 and Phase 2 of the development. All their concerns have been met by the developer. Mr. McGivern has visited other developments similar to the one proposed. Peter Coyle, stated the concept plan has been approved and he wanted input on Phase 2 and approval of the site plan. Mr. Pearson explained the site plan review process. In response to Commissioners' questions, Mr. Pearson further explained the denial of Phase 1 and the need to amend the PUD to allow the stacked units, requiring R -3 zoning. MOTION by Droste to close the public hearing. Seconded by Weisensel. Ayes: DeBettignies, Tentinger, Droste, Shoe Corrigan and Weisensel. Nays: 0. Motion carried. MOTION by DeBettignies to recommend that the City Council rezone Outlot F, McNamara Addition to R -2, Single Family attached Residential. Seconded by Shoe Corrigan. Ayes: Tentinger, Droste, Shoe Corrigan, Weisensel, and DeBettignies. Nays: 0. Motion carried. Planning Commission Regular Meeting Minutes October 28, 1997 Page 4 Chairperson Droste recessed the Planning Commission meeting and opened the Board of Appeals and Adjustments. Public Hearing: Florence Weiler Variance Request Chairperson Droste opened the public hearing for the Florence Weiler Variance Request. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson presented the request by Florence Weiler for a variance concerning a storage shed currently located in the front yard of her property. The property is a corner lot approximately '/z acre in size and is located in the Rural Residential district at 2605 132nd St. West. The applicant is limited to where the shed can be located due to a 40' front yard setback, 30' side yard setback, and 100' shoreland setback. Most of the rear yard is occupied by the septic system drainfield. One possible location for the shed which is within the setback requirements is obstructed by an overhead power line. The electrical code requires a minimum clearance of eight feet from any power lines. There is a second storage shed located near the lake which is non conforming and must be moved. If the Planning Commission agrees the property owner should reasonably expect to be able to have a storage shed, then a variance is necessary. Chairperson Droste opened the floor to the applicant. Bob and Florence Weiler were present at the meeting. Mr. Weiler indicated the shed is set on treated lumber and has been in the current location for less than two months. He considered other locations on the property for the shed but this is the only practical location. Water drainage prohibits placement of the shed on the east side along Co. Rd. 38. There are overhead power lines which prohibit placement next to the home. Chairperson Droste opened the floor to the public William Rohr, 2813 132nd St. W., has no objection to the variance. The shed is nicely landscaped and is a compliment to the area. MOTION by Droste to close the public hearing. Seconded by Tentinger. Ayes: Droste, Shoe Corrigan, Weisensel, DeBettignies, and Tentinger. Nays: 0. Motion carried. Commissioner Weisensel indicated he believes the Weilers are entitled to an accessory building and the variance should be granted. Commissioners discussed other possible locations for the shed on the property. Mrs. Weiler indicated she is not willing to move the shed to the eastern portion of the property due to drainage Planning Commission Regular Meeting Minutes October 28, 1997 Page 5 concerns and cost. Mrs. Weiler further indicated she has purchased fencing which will be installed to the north and west sides of the shed. MOTION by Weisensel to grant the twenty -two foot front yard variance for an accessory structure for 2605 132nd St. West based upon the findings required of Section 15.2 of the zoning ordinance subject to additional screening along the northern property line. There was no second to this motion, and the motion was withdrawn. Commissioners discussed other options for the shed. Mrs. Weiler indicated she would contact the utility company to find out the cost for moving the power lines. If the cost is not exorbitant, she would be willing to move the shed to the location next to the home, therefore not requiring a variance. MOTION by Droste to table this matter until November 12, 1997, and, based upon information received from the power company, will approve or deny the variance at that time. Seconded by DeBettignies. Ayes: DeBettignies, Tentinger, Droste. Nays: Shoe Corrigan and Weisensel. Motion carried. Chairperson Droste closed the Board of Appeals and Adjustments and reconvened the Planning Commission hearing. There being no further business to come before this Commission, upon MOTION by Droste, and upon unanimous decision, the meeting was adjourned at 9:12 p.m. Respectfully submitted, CN ZUMQ___CILLIA-AA-• Dianne G. Quinnell Recording Secretary CITY O F ROSEMOUNT 2875 -1 S tree t West a Rosemount, MN Everything's Coming Up Rosemount!! 55068 4997 Ar° Phone: 612- 423 -4411 Hearing Impaired 423 -6219 Planning Commission Fax 612-423-5203 Regular Meeting Minutes November 12, 1997 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Wednesday, November 12, 1997 at 6:38 p.m. Chairperson William Droste called the meeting to order with members Mark DeBettignies and Jeffery Weisensel present. Absent were members Jay Tentinger and Kim Shoe Corrigan. Also in attendance was City Planner Rick Pearson. There were no additions or corrections to the agenda. MOTION by Weisensel to approve the October 28, 1997 Regular Planning Commission Meeting Minutes. Seconded by DeBettignies. Ayes: DeBettignies, Droste, and Weisensel. Nays: 0. Motion carried. Department Announcements Commissioners noted the actions taken by the City Council on November 4, 1997 Mr. Pearson announced there will be a Committee of the Whole meeting on Monday, November 17, 1997, starting at 6:30 p.m. A discussion on the Kelly Trust will start at 7:00 p.m. Old Business: Weiler Variance Petition Chairperson Droste recessed the Planning Commission meeting and opened the Board of Appeals and Adjustments. On October 28, 1997, action regarding the variance requested by Florence Weiler was tabled pending further information. The variance request is for a storage shed located in the front yard of this property. Mr. Pearson presented a quote from Dakota Electric in the amount of $1200 $2,000 for moving the electrical service. Even if the electrical line was moved, there are two trees in the vicinity which would have to be removed. Removal of these trees would create a hardship. Mr. Pearson presented additional photographs of the property, showing location of the trees and the southeast portion of the property. There is a drainage slope in the southeast portion, making this location for the storage shed also impractical. Locating the shed anywhere else on the property would require a variance. MOTION by Droste to grant the twenty -two foot front yard variance for an accessory structure at 2605 132nd St. West based upon the findings required of Section 15.2 of the Zoning Ordinance. Seconded by DeBettignies. Ayes: Droste, Weisensel, and DeBettignies. Nays: 0. Motion carried. Chairperson Droste closed the Board of Appeals and Adjustments and reconvened the Planning Commission meeting. Planning Commission Regular Meeting Minutes November 12, 1997 Page 2 There being no further business to come before this Commission, upon MOTION by Weisensel, and upon unanimous decision, the meeting was adjourned at 7:04 p.m. Respectfully submitted, 1 i Dianne G. Quinnell Recording Secretary A Worksession concerning revisions to Section 6- District Use Regulations and Section 12- Administration and Enforcement of the Zoning Ordinance followed adjournment of the Regular Planning Commission meeting. 11111 CITY OF RO S E M O U N T 2875 145t West Rosemount, MN Everything's Coming Up Rosemount!! 55068 4997 Planning C ommission Phone 612-423-4411 g Hearing Impaired 423.6219 Regular Meeting Minutes November 25, 1997 Fax: 612-423-5203 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, November 25, 1997 at 6:30 p.m. Chairperson William Droste called the meeting to order with members Mark DeBettignies, Kim Shoe Corrigan and Jeffery Weisensel present. Member Jay Tentinger arrived at 6:45 p.m. Also in attendance were City Planner Rick Pearson and Civil Engineer Doug Litterer. There were no additions or corrections to the agenda. Commissioner Weisensel requested the minutes from the November 12, 1997 Regular Meeting be amended to correct the spelling of his name. MOTION by DeBettignies to approve the November 12, 1997 Regular Planning Commission Meeting Minutes, as amended. Seconded by Shoe Corrigan. Ayes: DeBettignies, Droste, Shoe Corrigan and Weisensel. Nays: 0. Motion carried. Department Announcements Commissioners noted the actions taken by the City Council on November 18, 1997. Mr. Litterer provided clarification concerning the feasibility report for The Enclave. There were additional discussions regarding the background of the American Heritage River resolution. New Business: The Enclave Final Plat Mr. Pearson presented the Final Plat for The Enclave. The plat drawing defines the boundary lines, rights -of -way, and easements. The plan is consistent with the preliminary plat. In response to Commissioners' questions, Mr. Pearson indicated the tree preservation ordinance, landscaping plans and variances are addressed in the PUD Agreement. It is expected that construction will begin in the Spring of 1998. MOTION by Weisensel to recommend that the City Council approve the final plat for The Enclave subject to: 1) approval of the Dakota County Plat Commission; 2) execution of a Planned Unit Development Agreement; 3) incorporation of modifications to the plat as recommended by the Public Works Department; and 4) conformance with the conditions of Resolution 1997 -87 (conditional approval of The Enclave preliminary plat). Seconded by DeBettignies. Ayes: Droste, Shoe Corrigan, Weisensel, and DeBettignies. Present: Tentinger. Nays: 0. Motion carried. New Business: Modification to Downtown TIF District No. 1 Mr. Pearson presented the proposed amendment to the City's existing Tax Increment Financing (TIF) district which encompasses much of the downtown area. This modification will not change the TIF boundaries; rather, it proposes expenditures for the downtown commercial enhancements, including lighting, landscaping, sidewalks, and electric line burial. There will be a window of Planning Commission Regular Meeting Minutes November 25, 1997 Page 2 0 opportunity in 1999 to capture these funds. It is necessary for the Planning Commission to determine that the proposed modification is consistent with the general plans for the City. MOTION by Droste to adopt a Resolution of the Rosemount Planning Commission finding that the Modification to the Development Program for Development District No. 1 and the Modification to the Tax Increment Financing Plan for the Downtown Tax Increment Financing District No. 1 Conform to the General Plans for the Development and Redevelopment of the City. Seconded by Tentinger. Ayes: Droste, Shoe Corrigan, Weisensel, DeBettignies, and Tentinger. Nays: 0. Motion carried. Public Hearing: Ordinance B Zoning Ordinance Revisions Chairperson Droste opened the public hearing for the Ordinance B- Zoning Ordinance Revisions. The recording secretary has placed the Affidavit of Publication and Posting of a Public Hearing Notice on file with the City. Mr. Pearson presented the proposed zoning ordinance text amendments to Section 3 Definitions; Section 4 Housing Standards; Section 6 AG through R -4 zoning districts; and Section 12 Administration and Enforcement. The amendments include modifications resulting from prior Planning Commission discussions. The housing standard improvements are a result of prior City Council actions. The City Attorney is currently reviewing the proposed revisions and may have additional modifications. Chairperson Droste opened the floor to the Commissioners. There were discussions regarding the offset of townhome outside walls, the requirement that 50% of a total development project have basements, and minimum roof pitch. Section 4.17.N.3. of the Townhome Standards includes language allowing the City to step in if a homeowners' association fails. Commissioners suggested that this language also be included in provisions for Single Family detached dwellings. The common areas associated with a townhome association are also subject to this provision. Commissioner DeBettignies requested further clarification concerning recreational spaces. At least 20% must be set aside for playgrounds and recreational areas. Physical structures are not required. This is above and beyond Park Dedication requirements. Chairperson Droste opened the floor to the public. There was no comment. MOTION by Droste to close the public hearing. Seconded by Shoe Corrigan. Ayes: Shoe Corrigan, Weisensel, DeBettignies and Tentinger. Nays: 0. Motion carried. Discussions continued regarding enforcement and penalties, maximum gross /net density, definitions, and the requirement that all clusters be established by a PUD. Mr. Pearson noted for the record a letter, dated November 24, 1997, from Peter J. Coyle and addressed to Dan Rogness. Copies of the letter were previously provided to each Commissioner. Planning Commission Regular Meeting Minutes November 25, 1997 Page 3 Chairperson Droste pointed out that the City Attorney will make the final decision if any modified ordinances will apply to a project. MOTION by DeBettignies to recommend that the City Council adopt the zoning ordinance text amendment for Sections 3, 4, 6, and 12 of the zoning ordinance, subject to inclusion of additional language applying the requirements of Section 4.17.N.3. Failure to Organize Homeowners' Association to all zoning districts and subject further to final review and approval by the City Attorney and incorporation of any changes recommended by the City Attorney into the draft to be submitted to the City Council for approval. Seconded by Tentinger. Ayes: Weisensel, DeBettignies, Tentinger, Droste, and Shoe Corrigan. Nays: 0. Motion carried. There being no further business to come before this Commission, upon MOTION by Droste, and upon unanimous decision, the meeting was adjourned at 8:03 p.m. Respectfully submitted, Dianne G. Quinnell Recording Secretary CITY OF RO S E M O U N T CITY HALL 2875 145th Street West t Rosemount, MN kir Everything's Coming Up Rosemount!! 550684997 Planning C ommission Phone.612-423 -4411 Hearing Impaired 423 -6219 VAtt Regular Meeting Minutes December 9, 1997 Fax. 612-423-5203 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, December 9, 1997 at 6:55 p.m. The meeting followed a worksession on the Comprehensive Guide Plan Update. Chairperson William Droste called the meeting to order with members Mark DeBettignies, Jay Tentinger, Kim Shoe Corrigan and Jeffery Weisensel present. Commissioner Weisensel was excused from the meeting from 7:12 p.m. until 7:42 p.m. Also in attendance were Community Development Director Dan Rogness and City Planner Rick Pearson. There were no additions or corrections to the agenda. MOTION by DeBettignies to approve the November 25, 1997 Regular Planning Commission Meeting Minutes. Seconded by Tentinger. Ayes: DeBettignies, Tentinger, Droste, Shoe Corrigan and Weisensel. Nays: 0. Motion carried. Department Announcements Commissioners noted the actions taken by the City Council on December 2, 1997. Commissioners inquired as to responsibility for the cost of the drainage project at Birger Pond and Council comments on the Zoning Ordinance Amendments. Public Hearing: Lance Johnson Mineral Extraction Permit Renewal Chairperson Droste opened the public hearing for the application by Lance Johnson for a Mineral Extraction Permit Renewal. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson presented the request by Lance Johnson to renew his mineral extraction permit for 1998. Mr. Johnson indicated he will be changing operators and requested that he assume sole responsibility for operations. The City Attorney has reviewed and approved additional conditions included in the permit to allow this to occur. Recently, a traffic problem occurred on Rich Valley Blvd. where the hauling of peat material to Mr. Koehnen's property left the road in such a condition to cause a one -car accident. As a result of this incident, Public Works recommends 1) the property boundaries be established to ensure the grading plan is being followed; 2) conditions in the permit be structured to cause the property owner to be accountable for actions of the operators; and 3) the property owner be responsible for the cost of cleaning up the road. Mr. Pearson indicated that Mr. Johnson is agreeable to these recommendations. Concerns over Mr. Johnson's failure to pay mining taxes must be addressed by the County, not the City. The updated permit conditions will give the City more authority to regulate the mining activities and provide the City with a good system of accountability. Chairperson Droste opened the floor to the Commissioners. Planning Commission Regular Meeting Minutes December 9, 1997 Page 2 ID Discussions ensued concerning the removal and reconstruction of the berm, traffic problems created by the mining activity, and the apparent extension of the mining activity beyond property boundaries. Chairperson Droste opened the floor to the Applicant. Lance Johnson was present to answer questions. In response to questions concerning the berm, Mr. Johnson indicated the berm along the southern property line was removed by Mr. Koehnen. It was approximately 3' high and indicated the property line to avoid encroachment on Koch property. Mr. Johnson indicated he is comfortable with the updated conditions in the permit and will work with the City on resolving any issues. Chairperson Droste opened the floor to the public. Charlie Koehnen, 12255 Rich Valley Blvd., indicated an operator on Mr. Johnson's property removed materials 60' onto Mr. Koehnen's property and also took material out of the Koch property. Mining activities have also extended into Parcel B. The berm on the southern property 1111 line was leveled out to correct a ponding problem. Mr. Koehnen feels Mr. Johnson should restore the property. The accident caused by peat material hauled to Mr. Koehnen's property was a one- time happening to level off a comer of his property. This problem should not occur again. Joan Schnieder, 12255 Rich Valley Blvd., feels a survey will resolve much of the issues. Ms. Schnieder is concerned the mining activities are below grade and may contaminate her well. The mining activities have gone beyond the permit boundaries and should be regulated. In response to Commissioner's questions, Mr. Pearson indicated if a boundary survey indicates the mining activity is beyond the boundary, the City Council may choose not to renew the permit or the City could cite Mr. Johnson. Staff will work with Mr. Johnson in reaching a solution. Mr. Johnson provided a history of the mining activities and indicated no mining has been performed below grade. Friedges Excavating has been the primary operator for the past several years. MOTION by Tentinger to close the public hearing. Seconded by Shoe Corrigan. Ayes: Tentinger, Droste, Shoe Corrigan, Weisensel, and DeBettignies. Nays: 0. Motion carried. Commissioner DeBettignies felt that 8:00 p.m. is too late for the hours of operation. Mr. Pearson indicated the City Council has the authority to change that time. Commissioner Weisensel indicated that standards should be established for the type of material used for restoration purposes. Discussions continued concerning regulation of the extent of mining activities, a record of materials removed, and restoration. Commissioners expressed their concerns whether enforcement issues Planning Commission Regular Meeting Minutes December 9, 1997 Page 3 have been dealt with and that all aspects of past permits be complied with prior to issuance of a new permit. Specifically, Commissioner Shoe Corrigan inquired as to the City's ability to hold Friedges Excavating responsible for any violation of the permit conditions. MOTION by Droste to recommend that the City Council approve the renewal of the mineral extraction permit for Lance Johnson as modified by the City Attorney for 1998 and provision of a boundary and topography survey of current site grades and conditions, that the extraction amounts be submitted to the City semi annually, that corner stakes must be visible at all times to City representatives, clarifying language regarding the restoration of extracted areas, and that Friedges Excavating be brought into compliance before the March, 1998 renewal deadline. Seconded by Tentinger. Ayes: Droste, Shoe Corrigan, Weisensel, DeBettignies, and Tentinger. Nays: 0. Motion carried. Public Hearing: Sign Ordinance Text Amendment Chairperson Droste opened the public hearing for the Sign Ordinance Text Amendment. The recording secretary has placed the Affidavit of Publication and Posting of a Public Hearing Notice on file with the City. Mr, Pearson presented the application by the Community Center for a permanent sign which includes a single line electronic message display. The National Guard will contribute funds for this sign. Currently, electronic reader board signs are not allowed. Proposed language for the ordinance amendment is specific to civil events and is limited to the Public /Institutional District, excluding commercial advertising. Chairperson Droste opened the floor to the applicant. Jim Topitzhofer, Parks Recreation Director, indicated the purpose of the sign is to identify the Community Center and to promote activities within. Chairperson Droste stated his preference for a monument style sign. Mr. Topitzhofer responded that such a sign would cost approximately $20,000 more. Mr. Topitzhofer further explained the posts on the proposed sign will be surrounded with brick and landscaping will be added. Discussions continued concerning alternate locations for the sign and the color. The background of the sign will be black, with white, illuminated letters. Chairperson Droste opened the floor to the public. There were no comments. MOTION by Droste to close the public hearing. Seconded by DeBettignies. Ayes: Shoe- Corrigan, Weisensel, DeBettignies, Tentinger, and Droste. Nays: 0. Motion carried. Discussions ensued addressing the issue of flashing /intermittent lights. Commissioner Tentinger felt the proposed language in the ordinance was confusing and should be clarified. Mr. Pearson will have the City Attorney review the language and will make any suggested changes. Planning Commission Regular Meeting Minutes December 9, 1997 Page 4 Discussions continued regarding the type of materials and color used for signs. Mr. Pearson explained zoning controls only the size and location of a sign. Commissioners felt there is a need for regulation over sign materials and colors for consistency. Materials should be compatible with the principal structure. Additionally, as concerns the 20' height limitation, ordinance language should clarify this measurement is from grade level. Commissioner Shoe Corrigan felt any provision for higher standards should apply to all districts, not just the Public /Institutional District. By limiting the higher standards to just the Public /Institutional District, it places an unfair burden of additional costs on this district, while the commercial district can get by with much less. MOTION by DeBettignies to recommend that the City Council adopt the ordinance amendment to Section 10 of the Zoning Ordinance for ground signs and electronic reader boards in the P Public /Institutional District, with language added to Paragraph 10.2.I.1. stating the 20 feet in height restriction be from grade level and an additional provision that the materials be compatible with the principal structure. Seconded by Droste. Ayes: Weisensel, DeBettignies, Tentinger, Droste, and Shoe Corrigan. Nays: 0. Motion carried. There being no further business to come before this Commission, upon MOTION by Droste, and upon unanimous decision, the meeting was adjourned at 9:35 p.m. Respectfully submitted, 2 )(jal, iN ItALP Dianne G. Quinnell Recording Secretary