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HomeMy WebLinkAbout1998 CITY O F RO S E M O U N T CITY HALL 2875 145th Street West Rosemount, MN tItm- 55068 -4997 E verything's Coming Up Rosemount!! Planning Phone 612-423-4411 3-6 g Commission Hearing Impaired 423 -6219 Regular Meeting Minutes January 13, 1998 Fax 612-423-5203 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, January 13, 1998, 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 December 9, 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 16, 1997 and January 6, 1998. Commissioners inquired as whether any changes were made to the terms and conditions of the Lance Johnson Mineral Extraction Permit. Mr. Pearson indicated a worksession on the Comprehensive Guide Plan is planned for January 27, 1998, at 5:30 p.m., preceding the Planning Commission meeting. Chairperson Droste recessed the meeting at 6:45 p.m. Public Hearing: CMC Heartland Partners I Final PUD and Rezoning Chairperson Droste opened the public hearing for the application by CMC Heartland Partners for a Final PUD 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 summarized the final development plans submitted by CMC Heartland Partners for the first phase of the development known as The Villages of Eastview, located east of Biscayne Avenue between CSAH 42 and 145th St. West. The plans show the design and layout of the housing units and the street design proposed for this phase. Staff met with the developer concerning several revisions which need to be made to the plans in order to meet the recently adopted housing standards. CMC requested that the public hearing be continued to February 10, 1998, to allow it an opportunity to make the necessary revisions to the plans. Chairperson Droste opened the floor to the public. Lawrence Kane, 2387 145th St. W., is concerned about the spacing between his property and the twinhome units located to the north. Mr. Kane wants a 30 foot separation. Mr. Pearson referred to an elevation sketch of the proposed twinhomes. Mr. Kane is also concerned about assessments for Planning Commission Regular Meeting Minutes January 13, 1998 Page 2 upgrades to 145th Street. MOTION by Droste to continue the Public Hearing regarding the PUD final development plan and rezoning for The Villages of Eastview to February 10, 1998. Seconded by DeBettignies. Ayes: Tentinger, Droste, Shoe Corrigan, Weisensel, and DeBettignies. Nays: 0. Motion carried. Public Hearing: Broback Industrial Park Replat Chairperson Droste opened the public hearing for the application by W.S. Development Company for the Broback Industrial Park Replat. 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 proposal for Broback Park, located east of Diamond Path between 145th St. W. and 148th St. W. for the replat into 31 single family lots. The preliminary plat consists of two cul -de -sacs, with access from Delft Avenue, south of 145th St. W., and from 148th St. W. The frontage road along Diamond Path will be vacated to create additional depth to the lots. Although the lots meet the lot size standards for a typical lot, increased lot depth is required for lots that back up to collector streets. This results in the need for variances for lot depth for the lots along Diamond Path. Additionally, a 5' variance is necessary for front yard setback. The developer has proposed extensive landscaping along Diamond Path, consisting of a 3' retaining wall and 5' berm. The retaining walls are interrupted at the lot lines to preserve easement and drainage. The plan is subject to review and approval by Dakota County. Chairperson Droste opened the floor to the Commissioners. Commissioner Weisensel confirmed that the berm is not over the water line. Discussions continued concerning the warranty and maintenance of the retaining wall. Commissioner Shoe Corrigan examined options to reduce the number of variances. Chairperson Droste opened the floor to the Applicant. Bill Broback was present at the meeting. In response to Commissioner's inquiries, Mr. Broback noted the various lot widths will allow for varied home styles and sizes. Chairperson Droste recessed the Planning Commission meeting and opened the Board of Appeals and Adjustments. Chairperson Droste opened the floor to the public. Kevin Meyer, 14839 Delft Ave. S., resides just east of Lots 18 -20, and expressed his concern about drainage. His property sits lower than the development and he is concerned about how this will affect water flow and whether it will cause drainage onto his property. Mr. Meyer noted this development has gone from 9 lots initially to 31 lots. Mr. Litterer explained that a storm sewer system directing water to a pond or a catch basin may be considered. This will be decided as plans are developed. Mr. Pearson clarified that the development will not be allowed to cause runoff onto another property. Mr. Pearson showed a proposed grading plan which indicated that water was channeled toward the cul -de -sac. Planning Commission Regular Meeting Minutes January 13, 1998 Page 3 David Seasholtz, 14715 Delft Ave. W., is a Broback homeowner and described drainage problems he experienced several years ago. Mr. Seasholtz explained that Broback regraded the property and resolved the problem. He did not feel the neighbors should be concerned that Broback would not rectify any problems with drainage. Mr. Pearson clarified the process this development must go through for review and approvals and the need for a feasibility study. Chairperson Droste reiterated that the City has no intention of allowing runoff onto adjoining properties. Daniel McRoberts, 4385 Upper 145th St. W., expressed concerns with the development contributing to sanitary sewer problems. Jodie Rychwalski, 14672 Denmark Ct., resides on the west side of Diamond Path, across from the proposed development. Ms. Rychwalski stated there is a consensus of her neighbors that it will be nice to see something developed in this area. Ms. Rychwalski inquired as to who will maintain the street side of the berm. Mr. Pearson indicated the berm will be owned and maintained by the property owner. MOTION by Droste to close the public hearing. Seconded by DeBettignies. Ayes: Droste, Shoe Corrigan, Weisensel, DeBettignies and Tentinger. Nays: 0. Motion carried. MOTION by Tentinger to grant the variances to lot depth (10') and front yard (5') setbacks for Lots 1 -9, Block 2, Broback Park. Seconded by DeBettignies. Ayes: Weisensel, DeBettignies, Tentinger, and Droste. Nays: Shoe Corrigan. Motion carried. Chairperson Droste closed the Board of Appeals and Adjustments and reconvened the Planning Commission meeting. Chairperson Droste opened the public hearing regarding the replat of Broback Park. Charles Stauffer, 14587 Delft, asked who will be maintaining the berm behind his home. He was also concerned that if the berm is eliminated, it may create a water drainage problem. Mr. Broback indicated he is not familiar with the elevation of the berm and that the grading plan has not yet been prepared. Mr. Broback assured Mr. Stauffer that drainage will be to the cul -de -sac, not to adjoining properties. MOTION by Tentinger to close the public hearing. Seconded by Shoe Corrigan. Ayes: Weisensel, DeBettignies, Tentinger, Droste, and Shoe Corrigan. Nays: 0. Motion carried. Commissioners further discussed the public's concerns about water drainage. A grading plan will be part of the feasibility study. Mr. Litterer will request a revised preliminary grading plan showing berming contours and spot elevations for adjoining properties and throughout the plat. Commissioners assured the public their comments regarding drainage issues will be taken into Planning Commission Regular Meeting Minutes January 13, 1998 Page 4 consideration and urged them to follow this project through the process, including Council review and the public improvement process. MOTION by DeBettignies to recommend approval of the replat of the Broback Industrial Park to the City Council subject to: 1) Granting of variances for lot depth and setbacks; 2) Payment of 31 units of Park Dedication; 3) Execution of a subdivision agreement to secure public infrastructure and including recommendations relative to grading, utilities, easements, rights -of -ways, ponding, streets and public infrastructure requirements as recommended by the Public Works Department; 4) Incorporation of recommendations relative to Diamond Path (CSAH 33) by the Dakota County Plat Commission; 5) Developer must make payment to the City at the time of final plat for 1997 Geographic Information System (GIS) fees at $50.00 per lot/unit estimated at this time in the amount of $1,550 (based upon 31 units); 6) Developer must provide a revised preliminary grading plan showing berm contours and spot elevations for adjoining properties and throughout the plat. Seconded by Tentinger. Ayes: DeBettignies, Tentinger, Droste, Shoe Corrigan, and Weisensel. 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 i CITY HALL CITY OF ROSEMOUNT 2875 -145th Street West 4.-Wi ,r, ,','j I Rosemount, MN 55068 -4997 E verything's C oming Up Rosemount!! Phone: 612- 423 -4411 Hearing Impaired 423 -6219 4, Planning Commission Fax 612-423-5203 Annual Meeting Minutes February 10, 1998 Mayor Cathy Busho swore in newly appointed Commissioner William Droste to the Planning Commission. Mayor Busho thanked the Planning Commissioners and welcomed them to 1998. Pursuant to due call and notice thereof, the Annual Meeting of the Planning Commission was duly held on Tuesday, February 10, 1998, at 6:35 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. Planning Commission Chairperson and Vice Chairperson Nominations and 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. Seconded by Shoe Corrigan. Ayes: DeBettignies, Tentinger, Droste, Shoe Corrigan, Weisensel. Nays: 0. MOTION by DeBettignies to close nominations for Planning Commission Chairperson, Seconded by Shoe Corrigan. Ayes: Tentinger, Droste, Shoe Corrigan, Weisensel, DeBettignies. Nays: 0. MOTION by DeBettignies to cast a white ballot to elect Droste as 1998 Planning Commission Chairperson. Seconded by Shoe Corrigan. Ayes: Droste, Shoe Corrigan, Weisensel, DeBettignies, Tentinger. Nays: 0. Droste was elected as 1998 Planning Commission Chairperson. MOTION by Shoe Corrigan to nominate DeBettignies as Planning Commission Vice Chairperson. Seconded by Weisensel. MOTION by DeBettignies to nominate Shoe Corrigan as Planning Commission Vice Chairperson. Seconded by Weisensel. MOTION by DeBettignies to close nominations for Planning Commission Vice Chairperson. Seconded by Droste. Ayes: Shoe Corrigan, Weisensel, DeBettignies, Tentinger, Droste. Ayes: 0. Commissioners voted by secret ballot to elect the Planning Commission Vice Chairperson. The ballots were counted by the Recording Secretary. DeBettignies was elected as 1998 Planning Commission Vice Chairperson. Planning Commission Annual Meeting Minutes February 10, 1998 Page 2 There were no additions or corrections to the agenda. MOTION by DeBettignies to approve the January 13, 1998 Regular Planning Commission Meeting Minutes. 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 February 3, 1998. Commissioners discussed Broback Park Addition and changes made to the preliminary plat. Chairperson Droste recessed the meeting for 15 minutes at 6:45 p.m. Public Hearing: C.F. Industries Conditional Use Permit Chairperson Droste opened the public hearing for the application by C.F. Industries for a conditional use permit. 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 a map showing the location for the building proposed by C.F. Industries, located in the Floodplain District along the Mississippi River Valley. Due to variances identified in the review process, it is necessary that the public hearing be continued. Chairperson Droste opened the public hearing. There were 110 comments. MOTION by DeBettignies to continue the public hearing until 7:00 p.m., February 24, 1998, for C.F. Industries Conditional Use Permit. Seconded by Tentinger. Ayes: Tentinger, Droste, Shoe Corrigan, Weisensel, and DeBettignies. Nays: 0. Motion carried. Public Hearing: The Villages of Eastview PUD and Rezoning Chairperson Droste opened the public hearing for the application by CMC Heartland Partners I for The Villages of Eastview Planned Unit Development (Preliminary Plat) and Rezonings. 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 plans for the first phase of The Villages of Eastview. This first phase consists of 27 single family lots, 10 twinhome units (five buildings), 120 townhomes (20 buildings, each with six dwellings), and an 8.7 acre park. The initial concept plan approved in November, 1997 has been revised to comply with recent changes in the housing standards. The roundabout at the entrance area has been eliminated. Access to the development is from 145th Street and Biscayne Avenue. The townhouses are designed such that the garages are on one side of the building and the entry doors on the opposite side. There is a network of sidewalks servicing the townhouses. While some of the garages appear smaller than required, the developer assured the Commission that all garages will be in compliance with current housing standards. There are private driveways to the twinhomes and townhouses. While 68 feet is the space requirement between the garages, the proposed plan is for 60', which would require a variance. The Fire Marshal Planning Commission Annual Meeting Minutes February 10, 1998 Page 3 has reviewed the plan and finds the spacing between the garages acceptable. Landscaping is provided to provide a buffer between the existing homes on 145th Street and the twinhome units. There is a 30' setback between the four twinhomes which are closest to the existing homes, which is within guidelines. The developer is also proposing extensive landscaping along the railroad, including 8 -10' berms, and along the County property. The public street has a sidewalk on one side and a bike path on the other side. Chairperson Droste opened the floor to the Commissioners. Commissioners discussed the entrance monument, maintenance of the boulevard trees by the homeowners' association, and communications with the County to join in the berming and fencing between the properties. Chairperson Droste opened the floor to the Applicant. Reid Hansen introduced Jim Lambeth, John Uban, and John Johnson, who were present on behalf of CMC. Jim Lambeth indicated any remaining issues with the plan are considered minor and can be worked out. In response to Commissioner Tentinger's questions, Mr. Lambeth anticipates the average townhouse to cost approximately $120,000, and the average single family detached home to cost approximately $150,000- 200,000. These costs are dependent upon development costs and assessments for street improvements. John Uban pointed out the design changes to meet city standards. The 53 acre parcel has diversity of housing, making use of open spaces and drainage ponds. There are over 1300 trees and 3000 shrubs proposed for the first phase which will be maintained by the association. The plan is a pedestrian- friendly design which is connected to the downtown and to the park. Berming and fencing is proposed between the County garage facility. The proposed plan has one -half of the berm on the County property. Townhouse garages will be separated by trees and plantings. Maintenance free materials will be used on the exterior of the buildings, consisting of masonry and lap siding. Every two units will have a 4 foot jog breaking the roof lines. There are two parking spaces allowed for each townhouse unit, with additional parking in the "V" shaped parking lots and on the street. Mr. Uban stated that all garages will be designed to meet the 440 sq. ft. requirement. John Johnson indicated that the variance previously thought necessary for Lot 17 is no longer needed. Chairperson Droste opened the floor to the public. Lawrence Kane, 2387 145th St. W., asked whether the twinhome and townhouse units will have basements. Mr. Lambeth stated that basements are optional. Mr. Kane wondered about how storm shelter needs would be met. Mr. Kane further asked about a 50' easement between the existing For clarification, the plans submitted by CMC include 1100 trees and 3500 shrubs. Planning Commission Annual Meeting Minutes February 10, 1998 Page 4 homes and the twinhomes. Mr. Pearson explained there was a 50' temporary easement for installation purposes, which was later vacated. The existing easement is 20'. Mr. Kane indicated he does not like the 30' setback between his property and the twinhomes and feels the residents have not been kept informed by the developer. Mr. Lambeth indicated that he would be willing to meet with the residents to keep them advised of developments. Commissioners discussed options concerning the berming on the County garage side and the setback to the existing homes. Mr. Pearson indicated the County has no obligation to share in the berming obligation. A 6' cedar fence is proposed on the berming. If the street is moved closer to the county property, thereby creating a greater setback from the existing homes on 145th, the berming and landscaping would be reduced, requiring a higher fence. MOTION by Tentinger to close the public hearing. Seconded by Droste. Ayes: Droste, Shoe Corrigan, Weisensel, DeBettignies and Tentinger. Nays: 0. Motion carried. Commissioner Weisensel inquired as to the wetland inventory. Mr. Litterer indicated that staff will be reviewing the wetland information. Commissioner Shoe Corrigan indicated she is pleased with the proposed plan, including the landscaping, the pedestrian- friendly streets, and the style of the townhomes. While she understands the residents' concerns, the 30 foot setback is within guidelines, she is concerned about reducing the berming and landscaping along the garage facility. She is satisfied with the buffering along the railroad and county facility as proposed by the developer. Commissioner Tentinger felt a provision should be made regarding the berming and landscaping along the county garage facility if the county is unwilling to work with the developer in allowing half of the berm on its property. Commissioner DeBettignies shares in this concern about the berming. In addition, Commissioner DeBettignies feels the slab -on -grade concerns should also be addressed. Commissioner Droste inquired further about an irrigation system for the trees in median and lighting around the townhouse units for pedestrian safety purposes. Discussions continued regarding the berming and landscaping along the County property. Mr. Pearson restated that the developer is solely responsible for the berming. MOTION by DeBettignies to recommend that the City Council rezone the townhouse and twin home areas to R -2, Moderate Density Residential. Seconded by Droste. Ayes: Shoe Corrigan, Weisensel, DeBettignies, Tentinger, and Droste. Nays: 0. Motion carried. MOTION by DeBettignies to recommend that the City Council rezone the single family residential area to R -1, Low Density Residential District. Seconded by Droste. Ayes: Weisensel, DeBettignies, Tentinger, Droste, and Shoe Corrigan. Nays: 0. Motion carried. Planning Commission Annual Meeting Minutes February 10, 1998 Page 5 MOTION by DeBettignies to recommend that the City Council approve the planned unit development plan and preliminary plat for the first phase of the Villages of Eastview subject to: 1) Rezoning as necessary in conformance with the approved Concept PUD; 2) Conformance with subdivision requirements for final plat approval as necessary; 3) Execution of a PUD Agreement; 4) Execution of 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. Storm Sewer Trunk Area Charges that has 1998 rates of $2,820 per acre for multiple family housing and $2,150 per acre for single family; and, b. Geographic Information System (GIS) fee that has a 1998 rate of $50 per lot/unit; 7) Park Dedication of 8.7 acres of land with the first phase with the balance in the form of cash contribution at the rate specified by the applicable fee resolution with each final plat; 8) Modifications to the plan to eliminate variances relative to private driveways, building setbacks and garage area requirements or findings in support of variances through the PUD process as specified in Section 12 of the Zoning Ordinance; 9) Landscaping enhancements or modifications as necessary for screening as specified in Resolution 1997 -112 as recommended by the Planning Commission; and 10) If the County is unwilling to cooperate with the developer with berming, the City Council should determine whether the landscaping enhancements for screening provided along the County maintenance facility is sufficient to meet the conditions of Resolution 1997 112. Seconded by Tentinger. Ayes: DeBettignies, Tentinger, Droste, Shoe Corrigan, and Weisensel. Nays: 0. Motion carried. Chairperson Droste recessed the meeting for 10 minutes at 9:00 p.m. Public Hearing: Mineral Extraction Permit Renewals: Danner, Inc. Chairperson Droste opened the public hearing for the application by Marlon Danner for renewal of a mineral extraction permit. 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 Marlon Danner to renew his mineral extraction permit for the sand and gravel operation located south of CSAH 42, east of STH 52. Mining operations are allowed in all of the General Industrial District and in the Agriculture District east of STH 52 on either side of CSAH 42 within a '/2 mile distance. There is also interest by Pine Bend Paving in the operation of an asphalt plant on the site. Although an asphalt plant is not a permitted use in the Agriculture District, it would be permitted if part of a mining operation. The asphalt plant would be an accessory use and would not require a public hearing or a variance. The asphalt plant was requested last year but denied by the City Council because of the sensitivity of the Agriculture District. Danner did not include the request for an asphalt plant in his application, however, Mr. Pearson referred to a letter from Pine Bend Paving setting forth the desire. Mr. Pearson indicated he was notified of opposition to the asphalt plant by surrounding property owners. In response to this opposition, Mr. Pearson explained the City is not encouraging asphalt plants, merely processing an application. If asphalt plants are not desired in the Agriculture District, the City may want to consider changing the Zoning Regulations. Mr. Pearson presented the grading plan for the Danner pit and indicated that no complaints were received concerning the pit. Planning Commission Annual Meeting Minutes February 10, 1998 Page 6 Commissioners discussed the distinction between asphalt plants as permitted in the Industrial District and not in the Agriculture District. There were further discussions concerning restoration in each phase. Chairperson Droste opened the floor to the Applicant. Jerry Bakken appeared on behalf of Danner, Inc. There was no appearance on behalf of Pine Bend Paving. Mr. Bakken described the restoration plan. Commissioner Tentinger stated he does not see an asphalt plant as an accessory use unless it is specifically defined in the ordinance. Although asphalt plant is not specifically mentioned as an accessory use, Mr. Pearson explained that staff has interpreted the zoning regulations to include asphalt plants. Chairperson Droste opened the public hearing. Otto Ped, 4992 145th St. E., is concerned about contamination in the area from Koch Refinery and the University of Minnesota. Mr. Ped had no objection to renewal of the mineral extraction permit but does not believe an asphalt plant belongs in the Agriculture District. Mr. Ped also requested the mining pit maintain consistent hours of operation. George Marthaler, 15012 Emery Ave. E., stated that Pine Bend Paving was turned down by Vermillion to operate an asphalt plant. Mr. Marthaler feels contamination, noise and odor should all be considered, along with the desire to keep Rosemount rural. Mr. Marthaler was concerned about an increase in truck traffic if the asphalt plant were allowed. Frank Knoll, 4322 145th St. E., stated trucks need a wider area to turn and that turning lanes should be constructed. Brett Fox, stated his parents live near the mining pit. Mr. Fox did not have any concerns with the mineral extraction permit but feels the mining operation and the asphalt plant should be treated as two separate issues. The asphalt plant should not be allowed in the Agriculture District. Additional truck traffic as a result of the asphalt plant may create a problem. MOTION by Droste to close the public hearing. Seconded by Tentinger. Ayes: Tentinger, Droste, Shoe Corrigan, Weisensel, and DeBettignies. Nays: 0. Motion carried. Commissioners discussed the exclusion of the asphalt plant from the mineral extraction permit renewal. MOTION by Shoe Corrigan to recommend that the City Council approve the renewal of the dIP mineral extraction permit for Danner, Inc. subject to the draft conditions of operation for 1998. Seconded by DeBettignies. Ayes: Droste, Shoe Corrigan, Weisensel, DeBettignies, and Tentinger. Nays: 0. Motion carried. Planning Commission Annual Meeting Minutes February 10, 1998 Page 7 MOTION by Shoe Corrigan to table action on the asphalt plant requested by Pine Bend Paving to allow staff an opportunity to review the request in more detail. Seconded by Tentinger. Ayes: Shoe Corrigan, Weisensel, DeBettignies, Tentinger and Droste. Nays: 0. Motion carried. Public Hearing: Mineral Extraction Permit Renewal Solberg Aggregate Co. Chairperson Droste opened the public hearing for the application by Solberg Aggregate Co. 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 Solberg Aggregate to renew its mineral extraction permit for 1998. The grading plan was reviewed. Mr. Pearson indicated that Solberg is nearing the end of the mining activity at this site. No complaints have been received from neighboring residents. Chairperson Droste opened the floor to the Applicant. Loren Howard was present on behalf of Solberg Aggregate. Mr. Howard indicated that Pine Bend Paving is located on the site and is presently looking to locate elsewhere. Koch has indicated its desire to work with Solberg on creating a future landscaping plan and establishing a new grading plan which would allow mining beyond the year 2000. Chairperson Droste opened the floor to the public. Elroy Sell, 2975 145th Street East, lives to the south of the mining operation. Mr. Sell inquired as to grade elevations to the south and preserving the tree line. Mr. Howard responded that Koch wants to save as much natural screening as possible and to enhance screening along Hwy. 52. MOTION by Droste to close the public hearing. Seconded by DeBettignies. Ayes: Weisensel, DeBettignies, Tentinger, Droste, and Shoe Corrigan. Nays: 0. Motion carried. MOTION by DeBettignies to recommend that the City Council renew the mineral extraction permit for Solberg Aggregate Company located on the Koch Refinery property, subject to the conditions of approval for 1998. Seconded by Weisensel. Ayes: DeBettignies, Tentinger, Droste, Shoe Corrigan, and Weisensel. Nays: 0. Motion carried. There being no further business to come before this Commission, upon MOTION by Weisensel, and upon unanimous decision, the meeting was adjourned at 10:20 p.m. Respectfully submitted, k 411) v 4 4 Dianne G. Quinnell Recording Secretary 4�" �y CITY HALL CITY OF F ROSEMOUNT S E M O U N T 2875 145th Street West 0 It Rosemount, MN Everything Coming Up Rosemount!! 55068 -4997 Planning Commission Phone: Impaired 3-6 g Hearing Impaired 423 -6219 Regular Meeting Minutes February 24, 1998 Fax 612-423-5203 Following a work session on the Comprehensive Guide Plan, pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, February 24, 1998, at 7:04 p.m. Chairperson William Droste called the meeting to order with members Mark DeBettignies, Jay Tentinger, and Jeffery Weisensel present. Commissioner Shoe Corrigan was absent. Also in attendance were Community Development Director Dan Rogness, City Planner Rick Pearson, and Civil Engineer Doug Litterer. Due to the delayed start for the meeting, Chairperson Droste moved directly to the public hearings Public Hearing: CF Industries Site Plan Review Chairperson Droste opened the public hearing for the application by CF Industries for a 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. 111 Mr. Pearson indicated that representatives of CF Industries were unable to attend the public hearing scheduled for this evening. The public hearing was previously continued to allow proper notice and publication concerning variances which were identified. Mr. Pearson requested the public hearing be continued once again to March 10, 1998. MOTION by Droste to continue the public hearing until 7:00 p.m., March 10, 1998. Seconded by DeBettignies. Ayes: DeBettignies, Tentinger, Droste, and Weisensel. Nays: 0. Motion carried. Public Hearing: Crown Rental Site Plan Review Chairperson Droste opened the public hearing for the application by Ronald Enright for a 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 Mr. Enright's request to construct a 12,800 sq.ft. building to house Crown Rental. The facility will be located on Canada Avenue, west of the carwash. Primary entrance into the facility will be on the east side. There is a second entrance to the overhead garage area. Enclosed storage bays are located in the rear yard, along with additional parking spaces. The structure will be two story, with a rock -faced concrete block exterior. The facility meets city standards and greenspace requirements. Two issues were presented. First, there is a lack of detail on the storage area. To comply with city regulations, the storage building must be constructed of materials which are comparable with the main facility and the wall surface must consist of no more than 50% of metal or fiberglass panels. Second, there is an insufficient number of trees and shrubs. Discussions continued concerning access into the facility, landscaping, and the storage area in the rear yard. Planning Commission Regular Meeting Minutes February 24, 1998 Page 2 Chairperson Droste opened the floor to the Applicant. Ron Enright was present at the meeting. Mr. Enright provided more detail concerning the outside storage building, indicating the building is 85' long, 20' deep, and 12' in height and contains 8' garage doors. Chain -link security fencing will be installed in the area between the storage building and the main building. A gate between the main facility and the outer edge fencing will be open during daytime hours to allow parking in the rear yard. The second entrance to the overhead garage area will not be for public use. There will be a canopy in the corner of the rear yard for outdoor storage. The parking area in the rear yard will be blacktopped in accordance with city regulations. 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, Weisensel, and DeBettignies. Nays: 0. Motion carried. Commissioners reviewed the greenspace percentage and spacing between the entrances. There were further discussions concerning the outdoor storage area and options to screening the canopied area. Mr. Enright was agreeable to providing enhanced screening with trees and/or shrubs in this area. MOTION by Droste to approve the site plan for Crown Rental subject to: 1) Providing additional landscaping (48 shrubs or tree equivalent), curb gutter and parking as required by the zoning ordinance; 2) Incorporation of recommendations relative to grading, utilities and easement requirements as provided by the Public Works Department; 3) Payment to the City for 1998 GIS, Metro SAC, City SAC, City WAC and City STAC at the time of building permit application; 4) Covered storage area must be constructed of materials that are compatible and coordinated with the architectural design of the building. No more than 50% of the wall surface may consist of metal or fiberglass panels; and 5) Appropriate screening of outdoor storage area. Seconded by Tentinger. Ayes: Droste, Weisensel, DeBettignies, and Tentinger. Nays: 0. Motion carried. Public Hearing: Fairfax Construction Co. Administrative Plat Chairperson Droste opened the public hearing for the application by Fairfax Construction Co. for an Administrative 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 application by Fairfax Construction Co. to divide property located east of Chippendale Avenue and north of CSAH 42, near the water tower. Fairfax currently has an office building just north of the water tower. The remainder of the property is vacant. The administrative plat would create two separate lots, one for the office building and the other for the vacant land. The property is currently zoned R -3. There will be no nonconforming setbacks created as a result of this lot division. Commissioner Weisensel asked whether the vacant lot would remain suitable for development after this administrative plat. Mr. Pearson responded that it would. Planning Commission Regular Meeting Minutes February 24, 1998 Page 3 Chairperson Droste opened the floor to the Applicant. John Broback and Mike Broback were present at the hearing and available to answer questions. Chairperson Droste opened the floor to the public. There were no comments. MOTION by Droste to close the public hearing. Seconded by Tentinger. Ayes: Weisensel, DeBettignies, Tentinger, and Droste. Nays: 0. Motion carried. MOTION by DeBettignies to recommend that the City Council approve the Administrative Plat for Fairfax Const. subject to: 1) Payment of Park Dedication for the office building parcel; 2) Incorporation of recommendations relative to grading, utilities, easements, right -of -ways, streets and public infrastructure requirements as recommended by the Public Works Department; 3) Approval, and/or incorporation of recommendations by the Dakota County Plat Commission; and 4) Developer must make payment to the City for 1998 GIS fees at the time of platting; developer must make payment to the City for 1998 Metro SAC, City SAC, City WAC and City STAC at the time of building permit application. Seconded by Tentinger. Ayes: DeBettignies, Tentinger, Droste, and Weisensel. Nays: 0. Motion carried. Public Hearing: Zoning Text Amendment Chairperson Droste opened the public hearing concerning the Zoning Text Amendment as it pertains to the General Industrial District. The recording secretary has placed the Affidavit of Publication and Posting of a Public Hearing Notice on file with the City. Mr. Pearson explained that Phil's Auto Body located at 135th St. W. Barcardi Avenue wishes to relocate to the former AAA Auto Salvage site at 160th Street. Auto body is not currently a permitted use in the General Industrial District. Staff looked into the option of permitting auto body repair in the GI District and found it is permitted in Apple Valley Eagan. While outdoor storage is generally typical in the GI District, there are no standards regulating it. Mr. Pearson suggested additional language to address concerns about outdoor storage. Commissioners discussed the outdoor storage issue and the need to screen it from view. Chairperson Droste opened the floor to the Applicant. Jim Anderson was present at the hearing. Mr. Anderson indicated he would not have a problem with screening any outdoor storage. Chairperson Droste opened the floor to the public. There were no comments. MOTION by Droste to close the public hearing. Seconded by Weisensel. Ayes: Tentinger, Droste, Weisensel, and DeBettignies. Nays: 0. Motion carried. Discussions continued on the outdoor storage issue, and Commissioners agreed that any outdoor storage must be completely screened. Planning Commission Regular Meeting. Minutes February 24, 1998 Page 4 MOTION by Droste to recommend that the City Council add automobile body and major repair as a permitted use of right in the General Industrial District provided that any outdoor storage must be screened. Seconded by Tentinger. Ayes: Droste, Weisensel, DeBettignies and Tentinger. Nays: 0. Motion carried. Following the public hearings, Chairperson Droste returned to the beginning Agenda items. There were no corrections to the February 10, 1998 minutes. However, Mr. Pearson requested a footnote to the minutes to provide further clarification to address Mr. Uban's statement on page 3 that over 1300 trees and 3000 shrubs are proposed for the first phase of the CMC development. Mr. Pearson indicated the plans submitted by CMC actually provide for 1100 trees and 3500 shrubs. MOTION by Tentinger to approve the February 10, 1998 Regular Planning Commission Meeting Minutes, with the added footnote on page 3 stating the plans submitted by CMC provide for 1100 trees and 3500 shrubs. Seconded by Droste. Ayes: Weisensel, DeBettignies, Tentinger, and Droste. Nays: 0. Motion carried. Department Announcements Commissioners noted the actions taken by the City Council on February 17, 1998. Commissioners inquired about the current status of the CMC development. There being no further business to come before this Commission, upon MOTION by Droste, and upon unanimous decision, the meeting was adjourned at 8:15 p.m. Respectfully submitted, Dianne G. Quinnell Recording Secretary CITY HALL CITY OF RO S E M O U N T 2875 145th Street West Rosemount, MN Everything's Coming Up Rosemount!! 55068-4997 Phone: 612 423 -4411 Hearing Impaired 423 -6219 Fax 612 423 -5203 Planning Commission Regular Meeting Minutes March 10, 1998 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, March 10, 1998. Chairperson William Droste called the meeting to order at 6:40 p.m. with members Mark DeBettignies, Jay Tentinger, Kim Shoe Corrigan and Jeffery Weisensel present. 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 Tentinger to approve the February 24, 1998 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 March 4, 1998. Commissioners inquired further into the issue of asphalt plants, prezoning, and the CMC development. Mr. Pearson presented the request by Marcus Corporation for an off premise directional sign for the movie theater. Marcus feels additional exposure along CSAH 42 is necessary. Commissioners discussed optional locations, size and style for such signage. Rosemount National Bank approached staff about the bank sharing a sign with Marcus. If this is an option, Commissioners suggested a limit on the number of businesses permitted on a shared sign. Commissioners felt more information needs to be provided prior to making a recommendation. Chairperson Droste moved Item 5.B. Comprehensive Guide Plan Discussion to follow the scheduled public hearings. Chairperson Droste recessed the Planning Commission meeting and opened the Board of Appeals Adjustments. Public Hearing: CF Industries Variance Chairperson Droste opened the public hearing for the application by CF Industries for a 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. Planning Commission Regular Meeting Minutes March 10, 1998 Page 2 Mr. Pearson presented the application by CF Industries for a variance to setback requirements for buildings and septic tanks. CF wishes to construct a 24'x52' building at the barge terminal located in the Mississippi River flood plain. The building will be used as a lounge and storage facility. The slab, which has already been installed, is 8 feet above the 100 year flood elevation. The existing water damaged building, along with a metal storage building and portable toilet will be removed. Commissioners viewed a videotape of the facility and the proposed location for the new building. A survey of the property showing land contours was also reviewed. Chairperson Droste opened the floor to the Commissioners. Commissioners discussed the nonconforming slab, which was installed prior to obtaining a permit, any liability to the federal government if the variance is granted, and the intended use of the building. Chairperson Droste opened the floor to the Applicant. J.D. Payne appeared on behalf of CF Industries. Mr. Payne indicated the building will be utilized strictly as a break room and shelter for the operators and for the storage of equipment. The building will not be used as an office or as a residence. The building is centrally located between the two conveyor systems. This provides ready access to the safety equipment stored in the building. The facility operates 24 hrs /day. Commissioners discussed the DNR's concerns regarding this project. Patrick Lynch supported the variance and Sandy Fecht was against, preferring to limit industrial use for aesthetic reasons. Mr. Lynch submitted the DNR recommendations in a letter, dated March 6, 1998, which indicated a neutral position (as a compromise) and set forth certain conditions in the event of variance approval. The septic system will consist of two 1500 gal. holding tanks. These tanks will support the shed only, not the main facility, and will be pumped on a regular schedule. There will be a water line from the well on the upper level to the building. Erosion control measures will be taken. While the DNR did not specify the amount and kind of vegetation, city staff will work with CF Industries to ensure it is done. 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. Planning Commission Regular Meeting. Minutes March 10, 1998 Page 3 MOTION by Tentinger to grant the variances to setback requirements for buildings and septic tanks for C.F. Industries based upon the findings required of Section 14, subject to the conditions contained in the letter from Patrick J. Lynch, Minn. Dept. of Natural Resources, dated March 6, 1998, as follows: 1) Upon completion of anew shop /lounge, the existing dock shack, metal storage building, and portable toilet be completely removed from the site and disposed of properly; 2) The holding tanks be designed by a licensed sewage treatment system designer, and that C.F. Industries maintain a contract with a septic tank pumper to have the tanks pumped regularly as needed; 3) When bringing the water line down the bluff from the existing home to serve a new building, appropriate erosion control measures are implemented, and the trench is backfilled and restored to the original cross section. The trench area should be re- vegetated with vegetation consistent with that which currently exists along the water line alignment; 4) Siding and roofing materials should be neutral to earth tone in color. The samples indicated at the February 18 meeting are acceptable; 5) During construction and removal of existing buildings, and until disturbed areas are stabilized, proper erosion control measures should be implemented and maintained; 6) To minimize the visual impacts of the facility as viewed from the river, landscaping round the new building with native trees and shrubs should be completed. In the viewing corridors from the new building to the dock areas and the river, low- growing shrubs should be incorporated. Taller trees and shrubs should be planted on the sides of the building; and 7) In the loading area at the bottom of the bluff, much of the ground is devoid of vegetation and has a gravel cover. Opportunities to minimize direct runoff and improve the quality of runoff into the river should be explored. Establishing a buffer of turf along the river front will help to minimize the negative impacts of runoff on the river by trapping sediment and providing some nutrient uptake. Other opportunities to increase natural green space and reduce paved or gravel areas is also desirable. Additionally, CF Industries shall submit a report to the city in the fall of 1998 to verify compliance with these conditions. Seconded by Droste. Ayes: Droste, Shoe Corrigan, Weisensel, DeBettignies, and Tentinger. Nays: 0. Motion carried. Chairperson Droste closed the Board of Appeals Adjustments and reconvened the Planning Commission meeting. Public Hearing: CF Industries Site Plan Review Chairperson Droste opened the public hearing for the application by CF Industries for a 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 provided additional descriptive information concerning the proposed building. The building will have vinyl lap siding. There was a discussion concerning the landscaping Planning Commission Regular Meeting Minutes March 10, 1998 Page 4 requirements. Chairperson Droste opened the floor to the applicant. Mr. Payne indicated they did not want to obstruct visibility to the dock areas with trees. CF is agreeable to trees along the side of the building and short shrubs in the front. 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. MOTION by Tentinger to approve the site plan review for C.F. Industries subject to: 1) Granting of variances to building and septic system setbacks; 2) Incorporation of recommendations made by the DNR relative to the Mississippi River Critical Corridor and the Mississippi National River Recreational Area (MNNRA); 3) Conformance with all applicable building and fire codes including flood protection requirements as necessary; and 4) incorporation of recommendations contained in the letter from Patrick J. Lynch, Minn. Dept. Of Natural Resources, dated March 6, 1998. Seconded by Shoe Corrigan. Ayes: Weisensel, DeBettignies, Tentinger, Droste, and Shoe Corrigan. Nays: 0. Motion carried. Public Hearing: Cemstone Ready Mix Chairperson Droste opened the public hearing for the application by Cemstone Ready Mix for renewal of a Mineral Extraction Permit. 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 of Cemstone Ready Mix to renew its mineral extraction permit. The subject property is located at the extreme easterly boundary of Rosemount, one quarter mile south of CSAH 42/TH55, west of Fischer Avenue. There was no mining conducted on the site by Cemstone in 1996 or 1997. Chairperson Droste opened the floor to the Commissioners. There were no additional comments. Chairperson Droste opened the floor to the Applicant. The applicant was not present. Chairperson Droste opened the floor to the public. There were no comments. 410 Planning Commission Regular Meeting Minutes March 10, 1998 Page 5 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 Tentinger to recommend that the City Council renew the mineral extraction permit for Cemstone Ready Mix subject to the conditions of operation for 1998. Seconded by Shoe Corrigan. Ayes: Tentinger, Droste, Shoe Corrigan, Weisensel, and DeBettignies. Nays: 0. Motion carried. Chairperson Droste recessed the meeting for at 8:05 p.m. Old Business: Comprehensive Guide Plan Continued Discussion The meeting reconvened at 8:15 p.m. Community Development Director Rogness presented an analysis of residential supply and demand with comparisons between Met Council projections and city staff assumptions. The primary implication being that local land use and ownership issues reduce the amount of vacant land available for development. Primarily, land desired by Koch Refining Company for buffer purposes and the University of Minnesota Research Center effectively remove developable land from the inventory. Several Commissioners stated that reduced or arrested growth was desirable or even preferable. Some questioned the effect of reduced growth on the market for existing and potential commercial development. A preliminary priority ranking by the Commissioners for allowing urban residential growth started with the area north of and including Jay Simons Addition; next, the University of Minnesota land west of Akron Avenue; and last, the land east of Akron Avenue intended by Koch Refining Company to be a buffer area. The Commissioners then discussed the anticipated Comp Plan discussion tour set for March 21, 1998 at 8:30 a.m. The meeting then adjourned at 9:15 p.m. Respectfully subm -d, 1 Dianne G. Quinnell Recording Secretary 1111 CITY OF RO S E M 0 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 March 24, 1998 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, March 24, 1998. Chairperson William Droste called the meeting to order at 6:40 p.m. 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 Water Resource Coordinator Tim Brown. Mr. Pearson requested the agenda be changed by reversing the public hearings such that item 7.B. is heard prior to 7.A. Commissioner DeBettignies requested corrections to the March 10, 1998 Regular Planning Commission Meeting Minutes as concerns C.F. Industries Variance and the reference to 1500 gallon holding tanks and as concerns C.F. Industries Site Plan Review and the conditions to the motion. Chairperson Droste instructed the Recording Secretary to review the audio tape of the meeting and verify whether corrections are necessary and, if so, to amend the minutes accordingly. MOTION by Tentinger to approve the March 10, 1998 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 March 17, 1998. New Business: Comprehensive Wetland Management Plan Tim Brown provided the Planning Commission with a draft Comprehensive Wetland Plan, as developed by the Wetland Task Force. An inventory of each wetland has been mapped on the GIS system. The purpose of the Plan is to protect Rosemount's surface water resource, to identify the resource through inventory, to mitigate runoff impacts, and for long term planning. A scoring system helps prioritize each wetland. All this information will help manage the wetland and protect the water quality and wildlife. Discussions continued. Commissioners' expressed concern as to the effect the wetland application may have on a person's use of their land. The wetland ordinance will not affect farmers who use their property for agricultural purposes; however, at such time as agricultural property is developed, the ordinance will come into effect. Chairperson Droste moved items 6.B. and 6.C. to follow the scheduled public hearings. Planning Commission Regular Meeting Minutes March 24, 1998 Page 2 Public Hearing: Marcus Theaters Corporation Site Plan Review Chairperson Droste opened the public hearing for the application by Marcus Theaters Corporation for a 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 the plans for a 22,000 sq.ft. expansion to the movie theater. The theater will have 16 screens with stadium seating after the existing theater is retro fitted. The conversion to stadiuim seating in the existing theater will result in fewer seats. This reduction in seats will bring the theater into compliance with parking requirements. Green space is at 25.46 which is just above the minimum required. 39 additional trees must be installed. Mr. Pearson reviewed the architectural detail and elevation of the expansion. Chairperson Droste inquired as to followup by City Staff that landscaping requirements are met. Mr. Pearson indicated this is verified through the building permit process. Chairperson Droste opened the floor to the Applicant. Mike Bingham and John Krausert were present. In response to Commissioners' questions, Mr. Bingham indicated they hope to have this project completed prior to completion of the theater under construction in Apple Valley. Other than the addition of vertical block lights on the expansion and change to the name, there will be no changes to the lighting. The main entrance will not change and exits will be added. Movies will be scheduled to avoid overcrowding in the lobby area. After the expansion is completed, the existing theater will be converted to the stadium seating in phases. The addition will be the same color and detailing as the existing theater. Chairperson Droste opened the floor to the public. Mr. Bingham indicated that Marcus Theater would like to share signage with First National Bank for additional exposure. This issue will be addressed at a later date. Ron Carlson, offered his support for the proposed plans by Marcus Theater. MOTION by Droste to close the Public Hearing. Seconded by DeBettignies. Ayes: Tentinger, Droste, Shoe Corrigan, Weisensel, and DeBettignies. Nays: 0. Motion carried. Commissioners discussed the timetable for completion of this project and the status of the southern exit to the property. MOTION by DeBettignies to approve the site plan review for Marcus Theaters subject to: 1) Provision of 39 trees consistent with the approved 1993 landscaping plan; and 2) Conformance with Planning Commission Regular Meeting Minutes March 24, 1998 Page 3 all applicable building and fire codes. Seconded by Tentinger. Ayes: Droste, Shoe Corrigan, Weisensel, DeBettignies and Tentinger. Ayes: 0. Motion carried. Public Hearing: Ped/Bituminous Roadways Mineral Extraction Permit Chairperson Droste opened the public hearing for the application by Otto Ped and Bituminous Roadways, Inc. for renewal of a mineral extraction permit. 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 Otto Ped and Bituminous Roadways for renewal of their mineral extraction permit. No asphalt plant is included in this application. Approximately 70,532 ton of materials were extracted from the site in 1997. It is anticipated that a slightly larger amount could be removed in 1998. Mr. Pearson indicated no complaints have been filed concerning this site. Chairperson Droste opened the floor to the Applicant. There were no comments Chairperson Droste opened the floor to the public. There were no comments. MOTION by DeBettignies to close the public hearing. Seconded by Tentinger. Ayes: Shoe Corrigan, Weisensel, DeBettignies, Tentinger, and Droste. Nays: 0. Motion carried. MOTION by Droste to recommend that the City Council renew the mineral extraction permit for the Ped property for 1998 subject to the draft conditions of operation. Seconded by Tentinger. Ayes: Weisensel, DeBettignies, Tentinger, Droste, and Shoe Corrigan. Nays: 0. Motion carried. New Business: Heritage Development (Entlert Property Concept PUD) Mr. Pearson presented the request by Heritage Development for an informal review of its Concept Plan for a 130 unit townhouse development located between Chippendale Avenue and STH 3, south of Wachter Lake. Mr. Pearson displayed two versions of the concept plan, both concepts consisting of two different dwelling types including single -level quad units on the northern 1 /3rd of the property and conventional row houses on the southern 2 /3rds of the property. A 60 foot setback from the railroad right -of -way is required. Tom Bisch and Dave Schroers of Heritage Development were present at the meeting. Commissioners reviewed the layouts of the development and discussed screening along the railroad, useable open space, recreational amenities, an additional entrance to the development, and elimination of the dead -ends. Commissioners felt the confusion in the street design and only one entrance into the development could be public safety issues. Suggestions by Commissioners included more green space between the units in the northern portion; signficant berming, possibly Planning Commission Regular Meeting Minutes March 24, 1998 Page 4 including a fence, along the railroad; recreational amenities, which may include a gazebo, walking trails, and a tennis court; amenities located in the central area away from Chippendale Avenue and the railroad; street and garages along the railroad side to provide buffer and insulate living space; reduce the intersections in the northern portion; expose the northern units to Wachter Pond; angle the units in the northern portion; offset units to avoid a barricks look; if the topography allows, include an additional entrance to the development. The architect for Heritage Development distributed for review proposed floor plans for the units. Discussions continued. New Business: Additional Enhancements to R -2 Standards In response to City Council directions, staff drafted and presented for discussion additional housing standards for multiple family development. Mr. Pearson summarized the proposed additional standards, including a minimum unit width of 24 feet; multiple windows on all levels on a minimum of two exterior walls; on -site recreational amenities; semi private exterior space; landscaping; limitation on the number of units on a cul -de -sac; varying roof heights; creating a tiered system of green -space requirements; prohibiting driveway encirclement of buildings; limiting the number of buildings in any development; requiring a minimum percentage of brick. Discussions ensued. Commissioner Shoe Corrigan does not support the masonry requirement and suggested that single family detached standards should be applied. Commissioners further discussed their preference for basements. While Commissioners generally supported the proposed standards, they cautioned not to legislate design. Commissioners requested further clarification on the definition of semi private exterior space and how this space is maintained. Staff was instructed to research this issue further. A public hearing on this ordinance revision will be scheduled for April 14. There being no further business to come before this Commission, upon MOTION by Droste, and upon unanimous decision, the meeting was adjoured at 9:30 p.m. Respectfully submitted, Dianne G. Quinnell Recording Secretary i i 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 Phone 612 -423 4411 Hearing Impaired 423 -6219 Fax 612- 423 -5203 Planning Commission Regular Meeting Minutes April 14, 1998 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, April 14, 1998. Chairperson William Droste called the meeting to order at 6:30 p.m. with members Jay Tentinger, Kim Shoe Corrigan and Jeffery Weisensel present. Member Mark DeBettignies was absent. Also in attendance were City Planner Rick Pearson and Civil Engineer Doug Litterer. There were no additions or corrections to the agenda. MOTION by Tentinger to approve the March 24, 1998 Regular Planning Commission Meeting Minutes. Seconded by Droste. Ayes: Tentinger, Droste, Shoe Corrigan and Weisensel. Nays: 0. Motion carried. e Department Announcements Commissioners noted the actions taken by the City Council on April 4, 1998. Commissioners also noted the joint meeting with the City Council on April 20 at 7:00 p.m. to discuss the Comprehensive Guide Plan. Chairperson Droste recessed the Planning Commission meeting at 6:40 p.m. Chairperson Droste opened the Board of Appeals and Adjustments at 7:00 p.m. Public Hearing: Schmitz Variance Request Chairperson Droste opened the public hearing for the variance requested by David and Carol Schmitz. 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 petition by David and Carol Schmitz for a variance to setbacks for a house and septic system in White Lake Acres. Mr. Pearson explained the lot, which was platted prior to adoption of the Shoreland Regulations, is unbuildable without the variance. Required setbacks are 200' for the house and 150' feet for the septic system. The proposed setbacks are 65.29' and 100', respectively. The DNR has reviewed the variance requested and has no objections. A 50' buffer zone is recommended to preserve natural vegetation. Planning Commission Regular Meeting Minutes April 14, 1998 Page 2 Commissioner Shoe Corrigan pointed out the DNR's requirement that the lowest floor elevation for the house should be no lower than 969.9'. Chairperson Droste opened the floor to the Applicant. David Schmitz indicated he would make any necessary adjustments to meet the elevation requirements and is agreeable to the 50' buffer. Chairperson Droste opened the floor to the public. There were no comments. MOTION by Droste to close the public hearing. Seconded by Weisensel. Ayes: Droste, Shoe Corrigan, Weisensel, and Tentinger. Nays: 0. Motion carried. Commissioners reviewed the topography and discussed any impact on drainage the variance may have on other lots in the area. It was verified the drainage patterns will not be affected. MOTION by Tentinger to grant the variance to Section 9.1 Shoreland Overlay Regulations for building and septic system setback standards according to the findings required of Section 14.2G of Ordinance B., the City of Rosemount Zoning Ordinance, subject to the provision of a fifty foot wide buffer zone above the Ordinary High Water Elevation of 967.1 feet to preserve natural vegetation. Seconded by Droste. Ayes: Shoe Corrigan, Weisensel, Tentinger, and Droste. Nays: 0. Motion carried. Chairperson Droste moved Agenda item 8.A. to follow Agenda item 8.C. Public Hearing: Stonebridge Third Addition Variance Chairperson Droste opened the public hearing for the variance requested by Mark Johnson Construction Inc. for Stonebridge Third 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 for a variance for a 1,408 foot cul -de -sac in Stonebridge Third Addition. The maximum cul -de -sac standard is 700 feet. Adherence to the maximum length is more of an issue in an urban area where traffic concentration would present a problem. There is an existing easement between Lots 9 and 10 to provide an outlet to the west. An additional easement is created between Lots 5 and 6 to provide future access to the south. Chairperson Droste opened the floor to the Commissioners. All lots meet the minimum lot size of 2 %2 acres. Commissioner Tentinger pointed out the cul -de -sac issue will be eliminated at such time that the road to the south is developed. Chairperson Droste opened the floor to the Applicant. Mark Johnson was present at the meeting. Planning Commission Regular Meeting Minutes April 14, 1998 Page 3 Chairperson Droste opened the floor to the public. Terry McMenomy, 6659 Falstaff Road, Woodbury, stated his family owns property to the west and south of Carlsons' property. Mr. McMenomy explained his property is landlocked due to the failure to extend roads to the outer edge of the plat area. A road should be constructed in the existing easement between Lots 9 and 10. Mr. Pearson responded that adjacent properties need to be developed to eventually have road connections. MOTION by Tentinger to close the public hearing. Seconded by Droste. Ayes: Droste, Shoe Corrigan, Weisensel, and Tentinger. Nays: 0. Motion carried. MOTION by Droste to grant the variance to cul -de -sac length requirements based upon the findings required of Section 14.2G of Ordinance B, the Zoning Ordinance. Seconded by Tentinger. Ayes: Tentinger, Droste, Shoe Corrigan, and Weisensel. Nays: 0. Motion carried. Chairperson Droste closed the Board of Appeals and Adjustments and reconvened the Planning Commission meeting. Public Hearing: Stonebridge Third Addition Administrative Plat Chairperson Droste opened the public hearing for Stonebridge Third Addition Administrative 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 request by Mark Johnson Construction to approve the rural residential subdivision of Rich and Ron Carlson's lots in Stonebridge Addition, consisting of 47.46 acres. Ten lots, including the existing two residences, are requested, based upon the original 80 acres in Stonebridge. If based upon the 47.46 acres now owned by the Carlsons, the ordinance would allow only nine lots (maximum density of ldu/5 acres). By taking credit for density for the entire 80 acres, the remaining lots located to the north will be prohibited from subdividing. The proposed lots meet the minimum requirements. The street design consists of curb gutter, thereby minimizing the affect on vegetation. Chairperson Droste opened the floor to the Commissioners. Discussions continued concerning protection of the wetlands. Further consideration was given to Mr. McMenomy's concerns and the fact that streets are not platted until development occurs. Chairperson Droste opened the floor to the Applicant. Mark Johnson described the plans for executive homes in this area, priced from $300,000 Protective covenants are planned for the neighborhood, including tree preservation provisions and wetland protection. Planning Commission Regular Meeting Minutes Apri114,, 1998 Page 4 Chairperson Droste opened the floor to the public. Mike McMenomy, 1838 Fairmount Ave., St. Paul, stated his property is landlocked, prohibiting him from developing his property. Discussions continued concerning funding sources for road construction. Ron Carlson, explained how he was able to develop his property only after the adjacent property was developed. Mr. Carlson described his efforts in preserving the trees and wetlands. He would prefer the southern easement be left as an easement and not as a dead -end street, thereby requiring the homes on Lot 5 and 6 to have driveways onto the cul -de -sac. Mr. Carlson explained that if only 9 lots are, approved, the boundary between Lots 1 and 2 would be eliminated; and, at a later date, a request will be submitted to subdivide Lot 1, thereby resulting in the 10 lots requested at this time. Terry McMenomy, inquired as to drainage onto his property. Mr. Litterer described the designated ponding areas and explained there is runoff from both properties onto the other. Mr. McMenomy also inquired as to park dedication fees to be paid by the developer. Commissioners further discussed Mr McMenomy's landlock issue, the impact of 10 lots vs. 9 lots, and the possibility of the future subdivision of Lots 1 and 2 if only nine lots are allowed at this time. MOTION by Weisensel to close the public hearing. Seconded by Droste. Ayes: Droste, Shoe Corrigan, Weisensel, and Tentinger. Nays: 0. Motion carried. Commissioners further discussed interpretation of the density issue. If only nine lots are allowed, Lots 1 and 2 could be combined and later subdivided, thereby resulting in the ten lots requested. Unless specifically disallowed, this action is permitted. Commissioners were also concerned about taking away development rights from the property owners to the north. Mr. Pearson explained these lots did not have the ability to subdivide without a variance. MOTION by Shoe Corrigan to recommend that the City Council approve the administrative plat for Stonebridge Third Addition subject to: 1) Granting of a variance to the subdivision ordinance for maximum cul -de -sac length; 2) Interpretation of the rural residential density standards, based on the inability of the existing lots to subdivide, to include the entire westerly eighty acres of Stonebridge Addition for the development rights for ten lots; 3) Execution of a subdivision agreement to secure public improvements and 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; 4) Developer must make payment to the City at the time of final plat for the following items: (a) 1998 Storm Sewer Trunk Area Charges at $300 per acre which is Planning Commission Regular Meeting Minutes April 14, 1998 Page 5 estimated at this time in the amount of $14,172 (based upon 47.24 acres), and, (b) 1998 Geographic Information System (GIS) fees at $100 per acre estimated at this time in the amount of $4,724 (based upon 47.24 acres); and 5) Payment of eight units of park dedication. Seconded by Droste. Ayes: Shoe Corrigan, Weisensel, Tentinger, and Droste. Nays: 0. Motion carried. Public Hearing: Anderson /Rechtzigel Site Plan Review Chairperson Droste opened the public hearing for the Anderson/Rechtzigel 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 the site plan for a trucking terminal on a 14 acre parcel located south of 140th St. E. and 600' east of Hwy.52. The property is zoned General Industrial, in conformance with the Comp Guide Plan. A 17,280 sq.ft. building is proposed, consisting of a two story office area and a 1.5 story drive through maintenance /repair and warehouse area. Two driveway accesses are proposed to the south side of 140th St.E. Staff recommends the westerly driveway be shifted west so the undeveloped balance of the property shares this driveway. Landscaping meets the minimum requirements. All driveways, parking and trailer storage areas must be paved, including curb and gutter. An additional 1/3 acre is needed to meet the 25% green space requirement. Due to a pipeline easement, parking and landscaping along the eastern boundary may be restricted and may have to be shifted to the west. Chairperson Droste opened the floor to the Applicant. Glenn Nord appeared on behalf of the applicants. Also present were David Anderson, Sam Anderson, and the developer. Mr. Nord addressed the following issues: 1) Andersons are willing to move the western driveway further west to the common dividing line; 2) Andersons will work with staff in providing more landscaping; 3) The entire parking and storage areas will be paved; and 4) As to the Enron pipeline easement, Andersons are entitled to develop over the easement with the understanding that any improvement could be removed by the pipeline company. Moving the entire project to the west the distance of the width of the easement is equivalent to deeding that easement portion to the pipeline company. The applicants are not willing to shift the project to the west. Enron has been informed of Andersons' intent to park vehicles along the eastern boundary and has given its approval. Al Malachowski, representing the general contractor, indicated the pipeline easement is 50' wide. The encroachment into the easement is 15'. The pipeline is installed on the centerline of the easement. The actual paving will be 10' to the west of the pipeline. A verbal OK has been given by Enron. Planning Commission Regular Meeting Minutes April 14, 1998 Page 6 Mr. Pearson indicated that curb and gutter will be installed on the outer edge of the paved area. Chairperson Droste confirmed the City will not be responsible if any pavement must be removed in the future by the pipeline company. Mr. Nord indicated the Andersons agree with this and will assume sole risk. Mr. Nord further confirmed the Andersons will work with staff to comply with the 25% green space requirement. Chairperson Droste opened the floor to the public. Joann Rechtzigel, 14727 Clayton Ave. E., opposed having the western driveway straddle her property. Mr. Pearson explained the driveway will be shared by the undeveloped portion of Andersons' property and will not affect her property. Ron Rahn, 3750 130th St. E., lives directly to the east of the Anderson parcel. Mr. Rahn expressed his concerns about noise, lights, hours of operation, trucks crossing Hwy. 52, and drainage. Mr. Anderson responded that the truck terminal is a 24 -hour operation and lighting will be installed on the outer perimeter. Mr. Nord suggested the lighting be projected directly onto the Anderson property. Ray Rahn, owner of the golf course, is concerned about water runoff and traffic. Mr. Rahn suggested eliminating parking along the northern portion of Andersons' property to reduce the noise and indicated he wants the entire lot blacktopped. Mr. Pearson presented a letter from Solberg Aggregate Co. offering its approval of the development and requesting that the project meet the same standards they were required to meet. Discussions continued. Mechanical work will be performed at the truck terminal. There will be a 12,000 gallon underground fuel tank. Mr. Pearson explained landscaping requirements in the General Industrial, district are light and there currently are no requirements for additional enhancements. Mr. Anderson indicated he will work with the neighboring homeowner on screening along the eastern side. MOTION by Droste to close the public hearing. Seconded by Weisensel. Ayes: Weisensel, Tentinger, Droste, and Shoe Corrigan. Nays: 0. Motion carried. MOTION by Weisensel to approve the Site Plan Review for the Anderson Truck Terminal subject to: 1) Recording of the lot division in conformance with the conditions of Resolution 1997 -56; 2) Provision of relevant documentation allowing parking, paving and landscaping within the Enron pipeline easement or modification of the site plan to eliminate the conflict; 3) Provision of a minimum of 25% of non impervious surface (or green space) consistent with the General Industrial Planning Commission Regular Meeting Minutes April 14, 1998 Page 7 District standards; 4) Provision of landscaping along the eastern boundary across from the golf course; 5) Shifting of the western driveway to the west to share access with the undeveloped remnant; 6) Incorporation of recommendations relative to grading, ponding, public streets, public utilities and public easements /rights -of -way as identified by the Public Works Department; 7) a) Storm Sewer Trunk Area Charges according to the 1998 rate of $2,965 per acre for commercial industrial development; b) Geographic Information System (GIS) fees according to the 1998 rate of $100 per acre; and c) Metro SAC, City SAC, City WAC, and City STAC as required or applicable; and 8) Conformance with all applicable building and fire codes. Seconded by Tentinger. Ayes: Tentinger, Droste, Shoe Corrigan, and Weisensel. Nays: 0. Motion carried. Public Hearing: Heritage Development, Inc. Concept PUD Chairperson Droste opened the public hearing for the Heritage Development, Inc. Concept PUD. 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 requested the public hearing be continued due to the developer's inability to submit a revised concept plan in time for the meeting. MOTION by Tentinger to continue the public hearing until 7:00 p.m. on April 28, 1998. Seconded by Weisensel. Ayes: Droste, Shoe Corrigan, Weisensel, and Tentinger. Nays: 0. Motion carried. Public Hearing: Zoning Ordinance Text Amendment Chairperson Droste opened the public hearing for the Zoning Ordinance Text Amendment concerning the R -2 District. The recording secretary has placed the Affidavit of Publication and Posting of a Public Hearing Notice on file with the City. Commissioners reviewed the proposed ordinance changes concerning attached housing and found the changes conform with their prior recommendations. Commissioner Weisensel noted the permanent frost free foundation requirement includes crawl spaces and does not require a full basement. Chairperson Droste opened the floor to the public. There were no comments. MOTION by Weisensel to close the public hearing. Seconded by Tentinger. Ayes: Shoe Corrigan, Weisensel, Tentinger, and Droste. Nays: 0. Motion carried. MOTION by Tentinger to recommend that the City Council adopt the amendments to the ordinance standards for attached housing. Seconded by Shoe Corrigan. Ayes: Tentinger, Droste, and Shoe Corrigan. Nays: Weisensel. Motion carried. Planning Commission Regular Meeting Minutes April 14, 1998 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 10:15 p.m. Respectfully submitted, Dianne G. Quinnell Recording Secretary 411 4tr, CITY OF RO S E M O U N T 2875 C 145t h 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 May 12, 1998 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, May 12, 1998. Chairperson William Droste called the meeting to order at 6:30 p.m. with members Mark DeBettignies, Jay Tentinger, Kim Shoe Corrigan and Jeffery Weisensel present. Also in attendance was City Planner Rick Pearson. Mr. Pearson requested the agenda be changed to include as New Business the Broback Park Final Plat. There were no other additions or corrections to the agenda. MOTION by Droste to approve the April 14, 1998 Regular Planning Commission Meeting Minutes. Seconded by Tentinger. Ayes: Tentinger, Droste, Shoe Corrigan and Weisensel. Present: DeBettignies. Nays: 0. Motion carried. Department Announcements Commissioners noted the actions taken by the City Council on April 21 and May 5, 1998. Commissioners also noted the meeting between staff and the University of Minnesota and the University's position concerning development in Rosemount. Old Business: Rosemount Comprehensive Wetland Plan and Water Resource Ordinance The Commissioners were previously provided copies of the completed Comprehensive Wetland Plan and Water Resource Ordinance. Chairperson Droste commended the Plan in providing clear guidance for future planning. Commissioner Weisensel requested that color maps be provided to the Commissioners. MOTION by Weisensel to recommend the City Council adopt the Rosemount Comprehensive Wetland Plan and enabling Water Resource Ordinance. Seconded by Shoe Corrigan. Ayes: Tentinger, Droste, Shoe Corrigan, Weisensel, and DeBettignies. Nays: 0. Motion carried. New Business: Broback Park Final Plat Mr. Pearson presented the Final Plat for Broback Park. Bill Broback was present at the meeting to answer any questions. The preliminary plat was modified to eliminate two lots along Diamond Path, resulting in wider lots. The number of lots requiring lot depth variances has been reduced from nine to seven. The grading plan resolved the concern regarding water runoff from Lot 18. Landscaping along Diamond Path includes retaining walls and berm. Staff reviewed the final plat and found it to be consistent with the conditions of preliminary plat approval. Planning Commission Regular Meeting Minutes May 12, 1998 Page 2 MOTION by Droste to recommend approval of the final plat for Broback Park subject to the conditions of Resolution 1998 -13. Seconded by DeBettignies. Ayes: Droste, Shoe Corrigan, Weisensel, DeBettignies, and Tentinger. Nays: 0. Motion carried. Chairperson Droste recessed the Planning Commission meeting at 6:47 p.m. The meeting reconvened at 7:00 p.m. Public Hearing: Heritage Development Concept PUD Chairperson Droste opened the public hearing for Heritage Development Concept PUD, continued from the April 14, 1998 meeting. Mr. Pearson presented the revised residential concept plan for Rosemount Commons, located on approximately 26 acres east of Chippendale Avenue and south of Wachter Lake. This development consists of 124 townhouse units, with a density of 4.6 dwelling units /acre. There are two building types, consisting of single loaded townhouses and single level "quads There is a private street throughout the development, with a median at the entrance. The Parks Recreation department has recommended a bike trail along the east side of Chippendale Ave, with sidewalks along both sides of the entrance into the development. Private recreational amenities are also encouraged. 38 of the required 62 common parking spaces are provided. The railroad along the eastern edge of the development is an issue with 12 -20 trains per day. The increased setback from the railroad is within guidelines. An 8' -10' berm with landscaping is also provided. Chairperson Droste opened the floor to the Commissioners. Commissioner Weisensel noted a correction to No. 4 of the staff recommendations referring to the trail along the "west" side of Chippendale Ave., which should read the "east" side. Commissioner Weisensel also questioned whether any trade -offs are involved. Mr. Pearson indicated that variances have not yet been identified. Commissioner Tentinger confirmed the distance between the townhomes and the railroad track is at a minimum 90 feet to the railroad right -of -way, with an additional 45 feet to the tracks, for a total minimum setback of 135 feet. There was a discussion concerning the reduced common parking spaces. No parking will be allowed on the streets. Commissioners suggested adding common parking spaces in the southern portion and to spread out rather than cluster the parking spaces. Commissioner DeBettignies inquired as to whether a private playground area is possible to avoid crossing Chippendale Ave. to Winds Park. The developer prefers not to install playground Planning Commission Regular Meeting Minutes May 12, 1998 Page 3 equipment for liability reasons. Discussions continued concerning safety issues in crossing a busy street to the park. Chairperson Droste opened the floor to the Applicant. Tom Bisch, representing Heritage Development, was present at the meeting. Mr. Bisch indicated that marketing efforts will be directed towards seniors. The units will be $100,000 $120,000. There are plans for a gazebo, picnic grounds, benches, and trails within the development. Chairperson Droste opened the floor to the public. Mark Lundell, 17850 Isle Avenue, Lakeville, does not feel the townhouse units will sell for the price stated and a buyer cannot be told that kids are not allowed. Mr. Lundell opposes the residential use next to the railroad tracks and questioned the zoning change. He further indicated he will be buying this property and changing it to commercial use. Mr. Pearson explained the property is guided for Business Park use and the current BP -4 zoning allows multi family housing. Residential use has already been approved. The application has been signed by the property owner and the developer has the right to proceed. As concerns marketing efforts, the design of the units is not suitable for large families. Although this housing type typically does not attract families, children will not be discouraged. Mr. Lundell questioned what this townhouse development does for the tax base as compared to a commercial development. Chairperson Droste indicated that is not an issue. Jeff Sandnas, 14333 Park Ave. So., Burnsville, feels the farm house and barn should be preserved for historic purposes. His company will buy the property and turn it into light commercial /industrial, which will provide a buffer for existing homes across Chippendale Ave. Rosemount has enough townhomes. A townhouse development next to a mini storage facility is not appropriate. The buffer from the railroad is not sufficient. There will be complaints. Mr. Bisch explained other uses have been examined. Market studies show the townhouses will sell. Mr. Lundell inquired as to why this development was not approved when it was previously before the Planning Commission. Chairperson Droste explained the role of the Planning Commission to make recommendations only. Mr. Lundell responded he understood the process and knows how the "dog and pony show" goes. MOTION by Weisensel to close the public hearing. Seconded by Tentinger. Ayes: Shoe- Corrigan,' Weisensel, DeBettignies, Tentinger, and Droste. Nays: 0. Motion carried. Commissioner Shoe Corrigan expressed her concerns regarding this concept plan, including safety issues when crossing Chippendale Avenue to Winds Park, pedestrian traffic is not encouraged, the selling price is in the starter -home range which would encourage families, the railroad track is a Planning Commission Regular Meeting Minutes May 12, 1998 Page 4 huge issue, and it is a poor location for this development, sandwiched between business uses. Commissioner Shoe Corrigan outlined the requisites of a PUD, which have not been met by this proposal. While a PUD is to encourage more creative design, there is no creativity in this proposal. She will not support this plan. Commissioner DeBettignies concurred with Commissioner Shoe- Corrigan's concerns, however, with additional enhancements and buffering along the railroad tracks, would support the PUD. Chairperson Droste would also prefer to see another use in this area, however, a townhouse development does fit into the zoning criteria. As long as the development meets the setback standards, he will support the plan. Commissioner Tentinger stated he, too, does not like housing along a railroad. The concept has already been approved and, if it were to be denied, it should have been denied long before. Commissioner Weisensel stated this development plan is in accordance with the Comprehensive Guide Plan and Zoning Regulations. Under the BP -4 zoning regulations, multiple family housing is allowed, and this is what a decision is based upon. Improvements were made to the initial plan. There has been no substantial outcry from neighbors. As to whether the units will sell, this is a risk taken by the developer. Mr. Bisch was directed to enhance the buffer area along the railroad tracks. MOTION by Weisensel to recommend that the City Council approve the Rosemount Commons concept PUD for Heritage Development subject to: 1) Execution of a subdivision agreement to secure public infrastructure 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 for: a) 1998 Storm Water Trunk Area Charges of $2,820 per acre, which is estimated at this time as 27 acres x $2,820 $76,140; b) Preliminary payment for street improvements to Chippendale Avenue using the amount in the January 1998 Preliminary Assessment Roll for the Chippendale Avenue Improvements, City Project No. 290, of $70,137.00; c) Escrow for a future 8' bituminous trial on the east side of Chippendale Avenue (which will be constructed with b above) using a 1998 rate which is estimated at this time as $10 per foot x 1,320' $13,200; and d) 1998 GIS fees of $50 per lot/unit which is estimated at this time as 124 units /lot x $50 per lot/unit $6,200. 3) Park dedication will be in the form of cash calculated on the basis of the current fee resolution. 4) An eight foot wide bituminous trail shall be constructed along the east side of Chippendale Ave. with sidewalks installed along the primary entrance driveway. 5) Conformance with PUD final development plan requirements as specified in Section 12 of the Zoning Ordinance, as well as conformance with Subdivision Ordinance requirements for platting. Seconded by Tentinger. Ayes: Weisensel, DeBettignies, Tentinger, and Droste. Nays: Shoe Corrigan. Motion carried. Planning Commission Regular Meeting Minutes May 12, 1998 Page 5 Public Hearing: Secure Mini Storage PUD Chairperson Droste opened the public hearing for the Secure Mini Storage PUD. The recording secretary has placed the Affidavit of Mailing and Posting of a Public Hearing on file with the City. However, publication of the Public Hearing notice was not accomplished. Therefore, final action on this application will not be taken until the May 26, 1998 meeting, following publication of the notice. Mr. Pearson presented the revised PUD development plan for a mini storage facility east of Chippendale Ave. The first phase of this development consists of eleven storage buildings, including a climate controlled area, office and a manager's accessory apartment. The buildings will consist of rock -face concrete block on the walls facing adjacent properties. Steel picket fencing will be installed in the gaps between the buildings. There is intense landscaping along the perimeter of the property, meeting the minimum requirements. Variances for setback are needed for three buildings located 10' -15' from the railroad right -of -way. The setback requirement is 30'. All other standards have been met. The railroad has given approval for grading in the right -of -way. Chairperson Droste opened the floor to the Commissioners. There were discussions concerning the relocation of Chippendale Ave., fencing around the facility, and development of the second phase. Chairperson Droste opened the floor to the Applicant. Tony Vavoulis of Secure Mini Storage was present. In response to Commissioner inquiries, Mr. Vavoulis indicated landscaping will be installed on the Chippendale Avenue side along both Phase 1 and 2, but will not be installed along the north or railroad sides of Phase 2. Phase 2 will not be blacktopped at this time. Mr. Vavoulis presented pictures showing the color and design of the proposed buildings and fencing. Chairperson Droste opened the floor to the public. There were no comments. MOTION by Droste to close the public hearing. Seconded by Weisensel. Ayes: DeBettignies, Tentinger, Droste, and Weisensel. Nays: 0. Absent: Shoe Corrigan. Motion carried. MOTION by DeBettignies to continue the public hearing on the Secure Mini Storage Planned Unit Development to 7:00 p.m. on May 26, 1998. Seconded by Droste. Ayes: Tentinger, Droste, Weisensel, and DeBettignies. Nays: 0. Absent: Shoe Corrigan. Motion carried. Public Hearing: Wensmann /RCD Real Estate Lot Division Chairperson Droste opened the public hearing for the Wensmann/RCD Real Estate Lot Division. The recording secretary has placed the Affidavit of Mailing and Posting of a Public Hearing on file with the City. However, publication of the Public Hearing notice was not accomplished. Therefore, the public hearing will be continued to May 26, 1998, following publication of the notice. Planning Commission Regular Meeting Minutes May 12, 1998 Page 6 MOTION by Droste to continue the public hearing on the Wensmann/RCD Real Estate Lot division to 7:00 p.m. on May 26, 1998. Seconded by Tentinger. Ayes: Droste, Weisensel, DeBettignies, and Tentinger. Nays: 0. Absent: Shoe Corrigan. Motion carried. Public Hearing: Wensmann Eleventh Addition PUD /Rezoning Chairperson Droste opened the public hearing for Wensmann Eleventh Addition PUD/Rezoning. The recording secretary has placed the Affidavit of Mailing and Posting of a Public Hearing on file with the City. However, publication of the Public Hearing notice was not accomplished. The Applicant previously requested the public hearing be continued to May 26 due to plan revisions and to follow a neighborhood meeting to review the plans. MOTION by Droste that the public hearing for the Preliminary Plat/PUD Development Plan and rezoning for Wensmann Eleventh Addition be continued to 7:00 p.m., May 26, 1998. Seconded by DeBettignies. Ayes: Weisensel, DeBettignies, Tentinger, and Droste. Nays: 0. Absent: Shoe Corrigan. Motion carried. There being no further business to come before this Commission, upon MOTION by Tentinger, and upon unanimous decision, the meeting was adjourned at 9:00 p.m. Respectfully submitted, ak 1 t‘ l Dianne G. Quinnell Recording Secretary A1 CITY OF RO S E M O U N T 2875 C 145t h i Street West e t 111 Rosemount, MN Everything's Comin Up Rosemount!! 55068 -4997 Y 9 Coming P Phone: 612- 423 -4411 W Hearing Impaired 423 -6219 Planning Commission Fax 612-423-5203 Regular Meeting Minutes May 26, 1998 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, May 26, 1998. Chairperson William Droste called the meeting to order at 6:35 p.m. with members Mark DeBettignies, Jay Tentinger and Kim Shoe Corrigan present. Commissioner Jeffery Weisensel was absent. Also in attendance was Community Development Director Dan Rogness and Civil Engineer Doug Litterer. There were no additions or corrections to the agenda. MOTION by Tentinger to approve the May 12, 1998 Regular Planning Commission Meeting Minutes. Seconded by DeBettignies. Ayes: DeBettignies, Tentinger, Droste, and Shoe Corrigan. Nays: 0. Motion carried. Department Announcements Commissioners noted the actions taken by the City Council on May 19, 1998. Old Business: Comprehensive Guide Plan Update Status Mr. Rogness summarized discussions held at the various informational meetings concerning the Comprehensive Guide Plan Update. There was a discussion concerning the challenges for residential expansion, Koch acquisition of additional property, industrial growth in the east end, and the meeting with the University of Minnesota. Public Hearing: Secure Mini Storage PUD Chairperson Droste opened the public hearing for Secure Mini Storage, continued from May 12, 1998. 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. Rogness presented a summary of the plans for a mini storage development north of 160th Street and east of Chippendale Avenue. Mr. Rogness reviewed the two phases of development, including a description of the buildings and landscaping proposed. Three of the storage buildings require a variance for setback along the railroad property. Chairperson Droste opened the floor to the Applicant. Tony Vavoulis was present to answer questions. Chairperson Droste opened the floor to the public. There were no comments. Planning Commission Regular Meeting Minutes May 26, 1998 Page 2 MOTION by Droste to close the public hearing. Seconded by Tentinger. Ayes: Tentinger, Droste, Shoe Corrigan, and DeBettignies. Nays: 0. Motion carried. Commissioners confirmed there would be no open storage and discussed the setback variance, landscaping, and security lighting. Mr. Vavoulis agreed to change the chain link fencing to steel picket fencing. MOTION by DeBettignies to recommend that the City Council approve the Secure Mini Storage Planned Unit Development subject to: 1) Execution of a PUD agreement. 2) Adopting findings in support of the variance to setback requirements for the buildings along the C.P. Railroad right -of- way. 3) Incorporation of recommendations relative to grading, ponding, public streets, public utilities and public easements /right -of -ways as identified by the Public Works Department. 4) Developer must make payment to the City at the time of building permit application for: a) 1998 Storm Drainage Capital Charges of $21,942; b) Preliminary payment for street improvements to Chippendale Avenue of $59,015; c) Preliminary payment for sanitary sewer improvements of $15,000; d) Preliminary payment for street improvements to 160th Street West using 1997 rates for a 52' wide commercial street which is estimated at this time as $78.88 per foot x 40' $3,155; e) Preliminary payment for 8' bituminous trail on Chippendale Avenue and 160th Street West using 1997 rate which is estimated at this time as $10 per foot x 790' $7,900; f) 1988 GIS fees of $100; and g) Metro SAC, City SAC, and City WAC fees. Public Hearing: Wensmann Eleventh Addition PUD/Rezoning Chairperson Droste opened the public hearing for Wensmann Eleventh Addition Preliminary Plat (PUD Final Development Plan) and Rezonings. 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. Rogness presented the application by Wensmann Homes for a Preliminary Plat for Wensmann Eleventh Addition. The application pertains to the McNamara property located west of Chippendale Avenue, east of Claret Avenue, between 151st Street West and O'Leary's Hills Fifth Addition. Mr. Rogness reviewed the past history of this parcel and indicated the concept plan was previously approved. The current application by Wensmann Homes for preliminary plat approval pertains to Outlot F only, located east of Claret Avenue. The proposed plan consists of 98 townhomes, consisting of two story and split entry units. Gross density for the area east of Claret is 5.6 du/ac, with an average overall gross density of 5.1 du/ac. The plan provides for a ponding system, a park in the southeast corner of 151st St. and Claret Ave., a private interior street system, pedestrian walkways, and trail access to the park. The plan meets or exceeds the recently adopted increased townhome standards. Following a neighborhood meeting, Wensmann created an alternate plan to address residents' concerns. The alternate plan increased the park to 2.6 acres and shifted the units along the southern property line further north (an increased setback from 36 feet to 57 feet, resulting in a distance from existing single family homes to townhome of approximately 117 feet). Planning Commission Regular Meeting Minutes May 26, 1998 Page 3 Commissioner Tentinger noted a reduction in common parking spaces as a result of shifting units further north. Mr. Rogness indicated the shift resulted in 11 fewer parking stalls, or 38. This is 75% of the standards; however, staff feels this amount is sufficient. Chairperson Droste opened the floor to the Applicant. Terry Wensmann appeared on behalf of Wensmann Homes. Mr. Wensmann indicated the price range for the townhome units will be $115,000- $140,000. In response to neighbors' concerns, the developer will not construct any two story units along the southern property line between the ponds, and 10'42' evergreens will be planted on the berm to screen the townhomes from the single family homes. There were discussions concerning the crowding of the townhome units when moved further north, amenities, rear elevations, and options for increasing the park to 3 acres. There was further discussion concerning the design of the townhome units. Commissioner Tentinger indicated there is no offset to break up the appearance on the rear side of the buildings, creating a "barracks" look. Mr. Wensmann explained the initial design was changed when the Building Official objected to the roof overhangs crossing over lot lines. The current design was made in conformance with the Building Code. Chairperson Droste opened the floor to the public. Michael Karo, 3713 152nd St. W., has concerns regarding the townhome elevation along the southern property line and sufficiency of the evergreens. Mr. Karo believes we should push for the 3 acre park, which could be accomplished by moving townhomes west of Claret. By pushing the townhomes further north, porches can now be built on the units along the southern property line, which is opposed by residents. The engineer for Wensmann Homes explained the elevation drawings and berming along the southern property line. Maria DeForrest, 3643 152nd St. W., expressed concerns regarding elevation along the south line and drainage. Mr. Litterer assured the homeowners that the Engineering Department will ensure that elevations and ponding are accurate. Kelly Sampo, 3589 152nd St. W., wants 151st street to Claret and the park put in at the same time this phase of the development is done. She also wants the townhomes along the southern property line pushed further north. She would prefer to see a 3 acre park. She is also concerned about preservation of the trees along the south line. Mr. Rogness indicated that 75% of the trees will be preserved, per the tree preservation ordinance, and that staff will make sure that preservation will be achieved by the grading plan. Kelly McGivern, 15173 Claret Ave., wants to see a gradual transition from single family to multi- family. He would like to see single level townhomes along the southern boundary line and is Planning Commission Regular Meeting Minutes May 26, 1998 Page 4 concerned that the berming and landscaping along this line is not sufficient. He is also concerned about grading. He feels the city must take a closer look at what abuts the single family homes. Herb Wensmann, indicated the aesthetics of the townhomes will be equivalent to the single family homes. Terry Wensmann further indicated that single -level townhomes located in just the one area of the development would not market well. Mr. Rogness indicated he believes the transition between the single family homes and townhomes is achieved through enhancements and by meeting the increased townhome standards. Sue Elser. 3625 152nd St. W., is concerned about a large townhome building located directly behind her home. Chairperson Droste explained the closest building is approximately 115' away and that no two -story units would be constructed in this area. MOTION by Droste to close the public hearing. Seconded by DeBettignies. Ayes: DeBettignies, Tentinger, and Droste. Absent: Shoe Corrigan. Nays: 0. Motion carried. Commissioner DeBettignies prefers to see 151st St.W. to Claret Ave. put in at this time. He is confident that the elevations will be reviewed by Public Works. Commissioner Tentinger does not oppose the project, however, believes the building design lacks imagination. He does not approve the flat "barracks style" design and wants to see the units redesigned. Commissioner Shoe Corrigan wants the park increased to 3 acres and the rear side of the buildings facing south redesigned. The variance for the parking spaces is acceptable. Chairperson Droste is also concerned with the appearance of the units facing south. In order to increase the park area, he suggested possibly moving some density to the west. Commissioners requested their concerns regarding the building code and design of the townhome units be presented to the City Council for further consideration. MOTION by Droste to recommend that the City Council rezone Blocks 1 2, and Outlot C to R -2 Moderate Density Residential. Seconded by DeBettignies. Ayes: DeBettignies, Tentinger, Droste, and Shoe Corrigan. Nays: 0. Motion carried. MOTION by Droste to recommend that the City Council approve the Preliminary Plat/PUD Development Plan for Wensmann Eleventh Addition subject to: 1. The "alternate" plan for 98 townhome units is preferred, which maintains a minimum rear yard setback of fifty -five feet (55') along the southern property line. 2. A variance from the required 49 guest parking stalls is approved at 38 stalls due to the additional rear yard setback and desired green space within the Planning Commission Regular Meeting Minutes May 26, 1998 Page 5 project area. 3. The minimum front yard setback is twenty feet (20') from the back of curb along all private streets. 4. A 5' wide concrete sidewalk shall be installed along the south side of 151st Street and the east side of Claret Avenue; a bituminous trail shall be installed from the most western private street into the park (south of the second or third building from 151st Street). 5. The townhome project may proceed in two phases, with phase one being the eastern most 56 units (14 buildings); 151st Street shall be constructed at least to Claret Avenue. The complete 17.6 acre site shall be graded and appropriately controlled for erosion. 6. The public park shall be a minimum size of 3 acres, which shall be platted and graded at the time of final platting and grading of the townhomes, phase one. The remaining park dedication requirement of .9 acre shall be paid in cash at the time of final plat release from City Hall. 7. Landscaping shall be completed according to the landscape plan by Williams Landscape, including 95 coniferous and 170 deciduous trees; some shifting may occur to create a heavier planting screen along the southern property line, with increased buffering of 10' -12' coniferous trees, numbering up to 20 trees, the actual number to be resolved between staff and the developer; and landscaping along the outer edge of the southeastern pond along Chippendale Avenue. 8. The tree preservation ordinance shall apply to the tree stand at the southeast corner of the property, including the preservation of at least 75% of those trees determined to be significant and verified on the developer's property. 9. The developer shall execute separate P.U.D. and Subdivision agreements relative to development standards and street/utility /grading requirements. 10. The developer shall pay for the following fees at the time of final plat release from City Hall: a. $37,474 as preliminary payment for street improvements to Chippendale Ave.; b. $2,820 per acre for 1998 Storm Trunk Area Charge; c. $20,250 for 1998 cash in- lieu -of park dedication for .9 acres; and d. $50 per lot/unit for 1998 GIS fee. Seconded by Shoe Corrigan. Ayes: Droste, Shoe Corrigan, and DeBettignies. Nays: Tentinger. Motion carried. Public Hearing: Wensmann /RCD Real Estate Lot Division Mr. Rogness indicated Wensmann Homes withdrew this application and requested no further action be taken. Chairperson Droste closed the public hearing on this matter. Public Hearing: DeBates Rezoning Chairperson Droste opened the public hearing on the Rezoning Petition filed by Brett John DeBates. 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. Rogness presented the request by Brett DeBates to rezone his property located on 160th Street West between Shannon Pond East and Geronime Pond from Agriculture to R -2 Moderate Density Residential. There is currently a non conforming triplex located on the property. Rezoning this property to R -2 would be consistent with adjacent properties. Planning Commission Regular Meeting Minutes May 26, 1998 Page 6 Chairperson Droste opened the floor to the Applicant. Brett DeBates was present at the meeting. Mr. DeBates indicated the property is on the market for sale and there are currently no plans for development. Commissioners discussed access to the property from 160th Street West and a driveway from Geronime Pond. Mr. Litterer explained there is a utility easement to the property, wide enough for driveway purposes. The City would not provide cross access, and it would be the responsibility of Mr. DeBates to obtain an easement from the adjacent property owners. Commissioners further discussed development options for this property after rezoning. The existing triplex cannot be expanded due to its nonconforming status. Chairperson Droste opened the floor to the public. John DeBates, 19927 Akin Road, Farmington, questioned the .99 acre noted in the Executive Summary. Mr. DeBates indicated the property is one acre in size. Mr. DeBates was not aware a driveway easement would have to be obtained from the two neighboring property owners. MOTION by Droste to close the public hearing. Seconded by DeBettignies. Ayes: Droste, Shoe Corrigan, DeBettignies, and Tentinger. Nays: 0. Motion carried. MOTION by Droste to recommend that the City Council rezone the property at 3785 160th Street West to R -2 Moderate Density Residential for two family use. Seconded by Tentinger. Ayes: Shoe Corrigan, DeBettignies, Tentinger, and Droste. 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 9:55 p.m. Respectfully submitted, Dianne G. Quinnell Recording Secretary CITY OF ROSEMOU 2875-- 1 45 t "�ee tWest Rosemount, MN �F Everything Coming Up Rosemount!! 55068 4997 Phone: 612- 423 -4411 Hearing Impaired 423 -6219 Planning Commission Fax 612-423-5203 Regular Meeting Minutes June 9, 1998 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, June 9, 1998. Chairperson William Droste called the meeting to order at 6:35 p.m. with members Mark DeBettignies, Jay Tentinger and Kim Shoe Corrigan present. Commissioner Jeffery Weisensel was absent. Also in attendance was 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 26, 1998 Regular Planning Commission Meeting Minutes. Seconded by Shoe Corrigan. Ayes: DeBettignies, Tentinger, Droste, and Shoe Corrigan. Nays: 0. Motion carried. Department Announcements Commissioners noted the actions taken by the City Council on June 2, 1998. Karen Christofferson, Director of Public Policy for the Builders Association, presented a video entitled "The Future is Now Ms. Christofferson's presentation addressed land supply issues. She stressed the need to use land more efficiently through lot size reduction, mixed housing choices, making use of vacant or under utilized land, and re- evaluating development standards as they pertain to setbacks, street widths, etc. A discussion followed Ms. Christofferson's presentation. Chairperson Droste moved item 6.A. to follow the scheduled public hearing. Public Hearine: Splash Enterprises, Inc. Variance Chairperson Droste opened the public hearing for the variance requested by Jerry Clarke, Splash Enterprises, Inc. 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 Jerry Clarke for renewal of a variance to building and driveway setbacks for an automated carwash bay, previously granted on May 14, 1996. Mr. Clarke did not proceed with the addition at that time, and the variance expired one year after it was granted. The addition requires 3 foot building and 17 foot driveway setback variances from the right -of -way line. Catch basins are necessary in the southeast corner of the paved area. Additionally, revised building plans to incorporate building code changes must be submitted. Curb gutter along the entire perimeter will be required for all resurfaced areas. Landscaping enhancements as identified in the site plan approval must also be provided. Planning Commission Regular Meeting Minutes June 9, 1998 Page 2 Chairperson Droste recessed the Planning Commission meeting and opened the Board of Appeals and Adjustments. There were discussions concerning the curb gutter requirement, one -way traffic flow going from the south to the north, and lot coverage. Chairperson Droste opened the floor to the applicant. Jerry Clarke was present at the meeting. Mr. Clarke indicated costs higher than expected prevented him from proceeding with this addition previously. Chairperson Droste opened the floor to the public. There were no comments. MOTION by Tentinger to close the public hearing. Seconded by Droste. Ayes: Tentinger, Droste, Shoe Corrigan, and DeBettignies. Nays: 0. Motion carried. MOTION by DeBettignies to grant the variances to building and parking setbacks for 15215 Canada Avenue as was previously granted on May 14, 1996 subject to the previously identified conditions of approval; and, curb gutter will be required at the entire perimeter of all improved and resurfaced paved areas. Seconded by Shoe Corrigan. Ayes: Droste, Shoe Corrigan, DeBettignies, and Tentinger. Nays: 0. Motion carried. Chairperson Droste closed the Board of Appeals and Adjustments and reconvened the Planning Commission meeting. New Business: Bloomfield Addition Final Plat Mr. Pearson presented the final plat submitted for Bloomfield. Setbacks and lot sizes are consistent with the preliminary plat. No variance issues have been identified. Two changes to the final plat are necessary. The first change concerns street alignment. The centerline of the east -west collector street should stop at the corner of the trunk sewer intercepter and the boundary line for Outlots B C should follow the easement line. Location of the north -south street must be shifted approximately 400 feet west, which was a condition to concept approval. The second change concerns the pond, which must be dedicated in the form of an easement. Chairperson Droste opened the floor to the applicant. James Lambeth appeared on behalf of CMC Heartland Partners. Mr. Lambeth noted changes to the street names and indicated the pond easement would not be an issue. He further clarified there will be three separate homeowners' associations, and the open space areas would be maintained by the individual associations. MOTION by DeBettignies to recommend that the City Council approve the final plat for Bloomfield subject to the conditions specified in Resolutions 1998 -21 (Preliminary Plat) and 1997- Planning Commission Regular Meeting Minutes June 9, 1998 Page 3 112 (Concept) and further subject to terminating the centerline for the east -west street at the trunk sewer intercepter corner, aligning the boundary line between Outlots B C along the trunk sewer intercepter east -west easement line, and dedication of a ponding easement for Outlot C. Seconded by Tentinger. Ayes: Shoe Corrigan, DeBettignies, Tentinger, and Droste. 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 8:00 p.m. Respectfully submitted, A kik-ZIA Dianne G. Quinnell Recording Secretary C ITY OF RO S E M O 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 Fax 612-423-5203 Planning Commission Regular Meeting Minutes June 23, 1998 Following a work session on the housing element of the Comprehensive Plan, pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, June 23, 1998. Chairperson William Droste called the meeting to order at 6:40 p.m. with members Mark DeBettignies, Kim Shoe Corrigan, and Jeffery Weisensel present. Commissioner Tentinger was absent. Also in attendance were City Planner Rick Pearson, Community Development Director Dan Rogness, and Civil Engineer Doug Litterer. Mr. Pearson requested the Final Plat for Geronime Pond 2nd Addition be added to the Agenda as New Business. MOTION by DeBettignies to approve the June 9, 1998 Regular Planning Commission Meeting Minutes. Seconded by Droste. Ayes: DeBettignies, Droste, and Shoe Corrigan. Present: Weisensel. Nays: 0. Motion carried. Department Announcements Commissioners noted the actions taken by the City Council on June 16, 1998. New Business: Geronime Pond 2nd Addition Final Plat Mr. Pearson presented the Final Plat for Geronime Pond 2nd Addition. This final plat covers the twinhome phase of the Geronime Pond PUD. Additional lot depth and width are provided for the lots backing up to Chippendale Avenue and 160th St. W. The final plat is consistent with the approved preliminary plat and related conditions of approval. Commissioners discussed the Chippendale Avenue realignment project. Mr. Litterer indicated the parking lot and trails in Winds Park will be completed at the same time as the Chippendale Avenue improvements. MOTION by Droste to recommend approval of the final plat for Geronime Pond 2nd Addition subject to: 1) Execution of a subdivision agreement to secure public infrastructure and including recommendations relative to grading, utilities, easements, ponding, streets, sidewalks and public infrastructure requirements as recommended by the Public Works and Park Recreation Departments. 2) Developer must make payment to the City at the time of final plat for: A) Storm Water Trunk Area Charge at a rate of $2,820 per acre for multiple family; B) Chippendale Avenue Improvements (C.P. #290), Preliminary Assessment in the amount of $35,300.; C) 160th Street West Improvements (C.P. #284), Preliminary Assessment in the amount of $30,100.; D) G.I.S. Fees in the amount of $2,600. ($50 per lot /unit). 3) Park Dedication at the 1998 rate in the form of cash contribution (estimated in the amount of $46,800). Seconded by Planning Commission Regular Meeting Minutes June 23, 1998 Page 2 Shoe Corrigan. Ayes: Droste, Shoe Corrigan, Weisensel, and DeBettignies. Nays: 0. Motion carried. Mr. Rogness responded to questions and comments regarding the housing discussion which took place at the Comprehensive Guide Plan worksession. Public Hearing: Bloomfield (Phase 2) Preliminary Plat Chairperson Droste opened the public hearing for the Preliminary Plat for Phase 2 of Bloomfield. 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 preliminary plat for the second phase of Bloomfield, consisting of 135 single family detached lots. The plat is bordered by CSAH 42 on the south side, a pipeline easement on the west, Bloomfield Path on the north, and Bacardi Avenue on the east. The developer provided an alignment study concerning Bacardi Avenue. For preliminary plat review, Staff recommends stopping Bacardi Avenue at the local street south of Bloomfield Path and delaying discussion on the Bacardi Avenue alignment until Phase III of the development. Density is low at 1.9 du/ac due to the additional lot depth requirement for the double frontage lots. Several variances have been identified, many of which can be eliminated by straightening, redistributing and restructuring lot lines. Mr. Pearson provided details on the street design, sidewalks and trails. The landscaping exceeds expectations, providing a significant number of boulevard trees and screening along CSAH 42. For purposes of the tree preservation ordinance, trees currently located near the farmstead and the railroad tracks may be affected and need to be examined further. Additional information is needed from the developer as concerns grading, ponding, and wetland mitigation. The preliminary plat is consistent with the approved concept plan. The Planning Commissioners were each provided with a copy of a letter from Craig J. Minea, dated June 16, 1998, regarding the preliminary plat for CMC Phase II. Commissioner Shoe Corrigan inquired about the wetlands. Mr. Litterer explained Public Works will ensure the Wetland Plan is followed. Chairperson Droste opened the floor to the Applicant. Jim Lambeth appeared on behalf of CMC Heartland Partners. Mr. Lambeth indicated the lot variance issues will be addressed. The trees in front of the farm property will be preserved, if possible. An aerial photograph showed the trees along the railroad tracks are north of the property line. In addition, the photograph was reviewed for identifying functional wetlands. Mr. Lambeth stated prairie grassland plantings will also be part of the landscaping plans. Chairperson Droste opened the public hearing. There were no comments. MOTION by DeBettignies to close the public hearing. Seconded by Weisensel. Ayes: Shoe Corrigan, Weisensel, DeBettignies, and Droste. Nays: 0. Motion carried. Planning Commission Regular Meeting Minutes June 23, 1998 Page 3 There were further discussions concerning the landscaping plans. Commissioner Shoe Corrigan requested that recommendations from Tim Brown concerning the wetlands be provided. MOTION by Droste to table action until July 14, 1998 in order to provide the Developer opportunity to revise the preliminary plat documents and to provide additional plat design information as required. Seconded by Shoe Corrigan. Ayes: Weisensel, DeBettignies, 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 7:45 p.m. Respectfully Submitted, Dianne G. Quinnell Recording Secretary 1111 1110 CITY HALL CITY OF ROSEMOUNT 2875 -145th Street West Rosemount, MN Everything's Coming Up Rosemount!! 55068 -4997 Phone: 612-423-4411 Hearing Impaired 423-6219 Fax 612- 423 -5203 Planning Commission Regular Meeting Minutes July 14, 1998 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, July 14, 1998. Vice Chairperson Mark DeBettignies called the meeting to order at 6:30 p.m. with members Jay Tentinger and Kim Shoe Corrigan present. Commissioners Bill Droste and Jeffery Weisensel were absent. Also in attendance were City Planner Rick Pearson, Community Development Director Dan Rogness, Civil Engineer Doug Litterer, and Water Resource Coordinator Tim Brown. There were no additions or corrections to the agenda. MOTION by DeBettignies to approve the June 23, 1998 Regular Planning Commission Meeting Minutes. Seconded by Shoe Corrigan. Ayes: DeBettignies and Shoe Corrigan. Present: Tentinger. Nays: 0. Motion carried. Department Announcements Commissioners noted the actions taken by the City Council on July 7, 1998. Mr. Rogness indicated action on the housing standards was tabled, explaining the council desires to review the full scope of the initial version of the proposed standards. The additional standards were provided to the Planning Commission for further review and discussion. Commissioners stated concern that this level of regulation could inhibit creativity. Prior to any further discussion on the issue, Commissioners requested further direction from council as to specifically which standards they wish reviewed. Old Business: Bloomfield 2nd Addition Preliminary Plat Mr. Pearson stated that CMC Heartland Partners requested review of the preliminary plat for Bloomfield 2nd Addition be continued to July 28, 1998. Old Business: Comprehensive Guide Plan Housing Element Mr. Rogness presented for discussion purposes only a draft chapter for the housing element of the comprehensive plan update. He reviewed comparisons between assumptions made by the Met Council and city staff. Staff estimates housing growth, based on previous patterns, at approximately 275 permits per year (compared to 385 estimated by the Met Council). Mr. Rogness reviewed the projections of housing units and acreage demand for the period 1995 -2020. Based upon city estimates of 6,475 units and 2,195 total acres, there is a need for an additional 610 acres for the period 2010 -2020. Mr. Rogness reviewed a draft land use map, indicating the proposed areas for MUSA expansion to obtain the 610 additional acres. These areas are located north of CR 38, east of Akron, and South of 42. The areas south of 42 and east of Akron have significant constraints. For Planning Commission Regular Meeting Minutes July 14, 1998 Page 2 the period 1995 -2020, staff proposes an average housing ratio of 70% single family detached and 30% multi family. Public Hearing: Comprehensive Wetland Protection and Management Plan and Water Resource Ordinance Vice Chairperson DeBettignies opened the public hearing on the Comprehensive Wetland Protection and Management Plan and Water Resource Ordinance. The recording secretary has placed the Affidavit of Publication and Posting of a Public Hearing Notice on file with the City. Mr. Brown presented the Comprehensive Wetland Protection and Management Plan and Water Resource Ordinance for final review and recommendation by the Planning Commission. The purpose of the plan is to protect our surface water resource. The Management Plan consists of taking an inventory, performing a function/quality evaluation, prioritizing wetlands, and specifying management strategies. Commissioner Tentinger expressed concerns with respect to the lawn fertilizer aspect to the ordinance. Specifically, the average homeowner who is not knowledgeable of phosphorus contents in fertilizer and what is acceptable, may unknowingly break the ordinance and be guilty of a misdemeanor. Mr. Brown emphasized the importance of phosphorus impacts to water bodies relative to other nutrients. Mr. Brown indicated the regulation on fertilizers cannot be regulated, however, it serves as an educational tool for the public. It is also a tool for enforcement if there is a blatant disregard for this regulation. Vice Chairperson DeBettignies opened the public hearing. There were no comments. MOTION by Tentinger to close the public hearing. Seconded by Shoe Corrigan. Ayes: DeBettignies, Shoe Corrigan, and Tentinger. Nays: 0. Motion carried. MOTION by Shoe Corrigan to recommend to the City Council adoption of the Rosemount Comprehensive Wetland Plan and enabling Water Resource Ordinance. Seconded by DeBettignies. Ayes: Shoe Corrigan and DeBettignies. Nays: Tentinger. Motion carried. Public Hearing: Rosemount Commons Preliminary Plat and Final PUD Vice Chairperson DeBettignies opened the public hearing on the Rosemount Commons Preliminary Plat and Final PUD. 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 preliminary plat for Rosemount Commons. There are issues relating to the railroad tracks and the street system within the development. Per staff recommendations, parking was redistributed from the outer edge throughout the development, resulting in a reduction from 60 to 40 parking stalls. Additional curb and gutter is necessary along Planning Commission Regular Meeting Minutes July 14, 1998 Page 3 the driveways. The side entry design needs to be supported by a street system. There are some separation and setback issues requiring variances which also need to be addressed. The landscaping plan shows twice the number trees required. The grading plan shows a 10' -12' berm along the railroad tracks with a 2 -1 slope. This is too steep and must be redesigned. In addition, the gap in the berm should be eliminated. The Fire Marshal will forward specifications to the developer for turnarounds. Vice Chairperson DeBettignies opened the floor to the applicant. Tom Bisch was present, along with the architect and builder for the development. Mr. Bisch explained the additional connection to Chippendale Ave. is intended for emergency vehicles and access to trails. Some of the buildings can be moved to meet setback requirements. The architect explained the layout of the buildings. There was a discussion concerning sidewalk access to the units. Commissioners requested more detail on the front entrances and sidewalk designs. It was suggested that parking spaces be placed directly across the street from the units which have entrances facing the street. Vice Chairperson DeBettignies opened the public hearing. There were no comments. MOTION by Tentinger to close the public hearing. Seconded by Shoe Corrigan. Ayes: Tentinger, DeBettignies, and Shoe Corrigan. Nays: 0. Motion carried. Commissioners discussed unresolved issues related to sidewalks and making the design pedestrian friendly, the berm along the railroad tracks, the secondary access to Chippendale, resolution of the variance issues, and additional curb and gutter. MOTION by DeBettignies to table action on the preliminary plat for Rosemount Commons to July 28, 1998. Seconded by Shoe Corrigan. Ayes: DeBettignies, Shoe Corrigan, and Tentinger. Nays: 0. Motion carried. Public Hearing: Business Park Rezoning Vice Chairperson DeBettignies opened the public hearing on the Business Park Rezoning. 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 request by the Port Authority to rezone the balance of the Business Park property to BP -2. Pre zoning the property will help in marketing and will be consistent with the Comprehensive Guide Plan. Vice Chairperson DeBettignies opened the public hearing. Planning Commission Regular Meeting Minutes July 14, 1998 Page 4 Don Wachter, 15247 Biscayne Avenue, owns adjoining property. He asked whether the rezoning would affect his taxes and about storm water area charges. MOTION by DeBettignies to close the public hearing. Seconded by Tentinger. Ayes: Shoe Corrigan, Tentinger, and DeBettignies. Nays: 0. Motion carried. MOTION by Tentinger to recommend that the City Council rezone Outlots A B, Business Park First Addition to BP -2, Business Park in conformance with the Comprehensive Guide Plan. Seconded by Shoe Corrigan. Ayes: Tentinger, DeBettignies, and Shoe Corrigan. Nays: 0. Motion carried. There being no further business to come before this Commission, upon MOTION by DeBettignies, and upon unanimous decision, the meeting was adjourned at 9:10 p.m. Respectfully s ;mitted, i I NOD Dianne G. Quinnell Recording Secretary u CITY OF RO S E M O U N T 2875 C 1 4 5t h i Street West Rosemount, MN Everything's Coming Up Rosemount!! 55068 -4997 Phone: 612- 423 -4411 Hearing Impaired 423 -6219 Fax 612- 423 -5203 Planning Commission Regular Meeting Minutes July 28, 1998 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, July 28, 1998. Chairperson Bill Droste called the meeting to order at 6:30 p.m. with members Mark DeBettignies, Jay Tentinger, Kim Shoe Corrigan, and Jeffrey 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 DeBettignies to approve the July 14, 1998 Regular Planning Commission Meeting Minutes. Seconded by Tentinger. Ayes: DeBettignies, Tentinger, and Shoe Corrigan. Present: Droste and Weisensel. Nays: 0. Motion carried. Department Announcements Commissioners noted the actions taken by the City Council on July 21, 1998. Old Business: Bloomfield 2nd Addition Preliminary Plat Action on the Preliminary Plat application for the second phase of Bloomfield was tabled at the June 23, 1998 Planning Commission meeting to allow the developer an opportunity to revise the plans and to provide additional information. Mr. Pearson indicated prior issues concerning the Bacardi Avenue alignment and lot dimension variances have been resolved. Remaining issues include berming along CSAH 42, drainage, and driveway turnarounds on lots fronting Bloomfield Path. Tim Brown, Water Resource Coordinator, reviewed the wetlands and gave them a low rating. The wetlands will be mitigated and replicated in the northern portion of the development. As concerns tree preservation, the existing trees along the northern edge are in railroad right -of -way and are not an issue. The berm along CSAH 42 is 8' in height. Mr. Litterer explained that seeding and slope comments will be relayed to CMC. Jim Lambeth indicated that one lot along CSAH 42 has been omitted to allow for additional berming. MOTION by DeBettignies to recommend that the City Council approve the Preliminary Plat for Bloomfield 2nd Addition subject to: 1) Modification of the grading plan to include a berm along CSAH 42 for screening purposes and to address drainage concerns identified by the Engineering 9 Department; 2) Provision of wetland mitigation/replacement justification information that is acceptable to the Public Works /Engineering Department in conformance with State Statutes; 3) Modifications as needed for the intersection of Bloomfield Path and Bacardi Avenue as Planning Commission Regular Meeting Minutes July 28, 1998 Page 2 recommended by the Public Works Department; 4) All lots fronting on Bloomfield Path must have driveway turn- arounds; 5) Approval of the Dakota County Platting Commission; 6) Conformance with the conditions of Resolution 1997 -112 (concept approval); 7) Developer must make payment to the City at the time of final platting for: a) 1998 Storm Water Trunk Area Charges of $2,820 per acre; b) 1998 GIS fees of $50. per lot/unit; and, c) Park dedication in the form of cash in the amount established by the 1998 fee resolution. Seconded by Tentinger. Ayes: Tentinger, Droste, Shoe Corrigan, Weisensel, and DeBettignies. Nays: 0. Motion carried. Old Business: Rosemount Commons Preliminary Plat, PUD Development Plan Action on the Preliminary Plat and Final PUD application for Rosemount Commons was tabled at the July 14, 1998 Planning Commission meeting to allow the developer an opportunity to address unresolved issues and to revise the plans as necessary. Mr. Pearson presented for review a copy of the grading plan. The berm along the railroad tracks has been increased to 8 -10'. The setback encroachments have been eliminated and turnarounds are provided based upon specifications from the Fire Marshal. Common parking spaces have been redistributed but are reduced to 40 spaces. This is two thirds the requirement. For the units with front doors facing the street, sidewalks are included from the driveway to the door. Landscaping is twice the minimum requirement. The 2 -1 slope on the berm along the railroad tracks and surrounding the ponds should be redesigned to a 4 -1 slope. Discussions continued concerning the omission of walkways along the private streets, the sidewalk at the entrance to the development and trail along Chippendale Ave., the setback distance from the berm, closeness of the townhouse units in the northeast corner to the railroad tracks, and buffering around the ponds. Additionally, Chairperson Droste stated his concerns regarding the barracks appearance of the buildings and suggested a break in the rear elevation so this can be avoided. MOTION by DeBettignies to recommend that the City Council approve the preliminary plat for Rosemount Commons subject to: 1) Eliminating all identified variances for building criteria and granting a 30% reduction to the common parking requirement; 2) Revision of utilities and grading plans as necessary; 3) Provision of fire hydrants, fire suppression sprinklers, parking bans and cul- de -sac turn arounds as specified by the Fire Marshal; 4) Modification of the building architecture to eliminate garage size variances; 5) Conformance with all applicable building and fire codes; 6) Incorporation of conditions specified in Resolution 1998 -52 (Concept Approval); 7) 1998 GIS fees of $50 per lot which is estimated at this time as 121 units /lot x $50 each $6,050; 8) Park dedication in the form of cash in the amount established by the 1998 fee resolution; 9) Modification of the grading plan to allow a maximum of 25% slope for all ponding areas and the west side of the berm adjacent to the railroad tracks. Seconded by Droste. Ayes: Droste, Weisensel, DeBettignies, and Tentinger. Nays: Shoe Corrigan. Motion carried. Planning Commission Regular Meeting Minutes July 28, 1998 Page 3 New Business: Stonebridge Third Addition Final Plat Mr. Pearson presented the Final Plat submitted for Stonebridge Third Addition. The easement for street connection has been converted to a right -of -way. Modifications are necessary to easements for ponding /wetlands and for a change in the street name. Mark Johnson indicated his willingness to make any modifications requested by the city. MOTION by Droste Motion to recommend that the City Council approve the final plat for Stonebridge Third Addition subject to: 1) Execution of a Subdivision Agreement; 2) Conformance with the conditions of Resolution 1998 -40; 3) Park dedication fees in the amount of $9,000; 4) Geographic Information System (GIS) fees in the amount of $500; 5) Storm Sewer Trunk Area Charges as a prepayment of all Storm Sewer Trunk Assessments for improvements, either constructed or to be constructed, for trunk sewer serving the subject property, in the amount of $14,250; 6) Modification of easements as recommended by Public Works. Seconded by DeBettignies. Ayes: Shoe Corrigan, Weisensel, DeBettignies, Tentinger, and Droste. 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 7:30 p.m. Respectfully submitted, &AA- Dianne G. Quinnell Recording Secretary i CITY HALL CITY OF RO S E M O U N T 2875 145th street West s a Rosemount, MN 55068 -4997 Everything's Coming Up Rosemount!! Phone: 612- 423 -4411 4 Hearing Impaired 423-6219 Fax 612- 423 -5203 Planning Commission Regular Meeting Minutes August 11, 1998 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, August 11, 1998. Chairperson Bill Droste called the meeting to order at 6:35 p.m. with members Mark DeBettignies, Jay Tentinger, Kim Shoe Corrigan, and Jeffrey Weisensel present. Also in attendance were Community Development Director Dan Rogness, City Planner Rick Pearson, and Intern Jill Hutmacher Mr. Pearson requested the agenda be changed to include as New Business the Interpretation of Proposed Use in the C -2 District. There were no other additions or corrections to the agenda. MOTION by Weisensel to approve the July 28, 1998 Regular Planning Commission Meeting Minutes. Seconded by Droste. Ayes: DeBettignies, Tentinger, Droste, Shoe Corrigan, and Weisensel. Nays: 0. Motion carried. Department Announcements Commissioners noted the actions taken by the City Council on August 4, 1998. Old Business: Comprehensive Guide Plan Update -Draft Housing Chapter Mr. Rogness summarized revisions made to the housing element of the comprehensive plan update. Past average housing growth since 1970 is included, reflecting new housing growth for the period 2000 -2020 at 275 /year. There was a discussion concerning the single family /multi family 70 30% split and the expected opposition to this split by the Met Council. It was suggested that the University of Minnesota and Koch restrictions be included in the summary to explain the difference between the Met Council expectations and the realities of Rosemount. Discussions continued concerning the decrease in rental housing to 15 Mr. Rogness indicated there is presently no land in Rosemount guided for multi family. The Commissioners discussed possible locations for multi- family housing, including the Brockway property and across from the University property. Mr. Rogness explained the proposal to keep Rural Residential in the northern part of Rosemount and to expand the Urban Residential to east of Akron and north of 135th St., separating the two districts with PD -R (Cluster) residential areas. By 2020, 610 acres is needed for additional MUSA. Chairperson Droste moved items 6.A. and 6.B. to follow the scheduled public hearing. Planning Commission Regular Meeting Minutes August 11, 1998 Page 2 Public Hearing: Outlot B, Carrollton Lot Split Lot Combinations Chairperson Droste opened the public hearing on the Outlot B, Carrollton, Lot Split and Lot Combinations. The recording secretary has placed the Affidavit of Publication and Posting of a Public Hearing Notice on file with the City. Mr. Pearson explained that Outlot B is a 20 foot wide strip of land initially intended as an access to Carrolls Woods. Due to the steep slope, it was determined that a trail was not practical, and the City never acquired title to this property. The applicants wish to divide this strip of land and combine the parcels with the two adjoining lots. Chairperson Droste opened the public hearing. 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. Motion carried. MOTION by Tentinger to recommend that the City Council approve the lot split of Outlot B, Carrollton Addition and the recombination of the resulting parcels to the adjoining lots (Lot 1, Block 1 Lot 3, Block 4, Carrollton Addition). Seconded by DeBettignies. Ayes: Droste, Shoe Corrigan, Weisensel, DeBettignies, and Tentinger. Nays: 0. Motion carried. Chairperson Droste recessed the Planning Commission meeting and opened the Board of Appeals and Adjustments. New Business: Interpretation of Proposed Use in the C -2 District Mr. Pearson presented the request by the Church of Israel to allow it to conduct worship services in property located in the C -2 Community Commercial District. Members of the church have leased space in the Rosemount Plaza II complex. Staff advised the members that churches and houses of worship are permitted only in the Public /Institutional zoning district and not in the C -2 district. There is, however, language in the Purpose and Intent paragraph of the C -2 zoning district which compels review and interpretation by the Board of Appeals Adjustments and which could result in reversal of staff's interpretation. The Commissioners discussed issues related to parking, the hours of use, and potential conflict with McDivots, which is located within 500 feet. Currently our zoning ordinance does not provide the mechanism of a conditional use permit. Commissioners were cautious of setting a precedent and creating a conflict between sections of the ordinance. Rene Dircio attended on behalf of the Church of Israel. Mr. Dircio indicated the church has signed a three year lease on the property. Commissioner Shoe Corrigan suggested the church may want to consider rental of a park shelter or the Community Center. Staff was requested to research this possibility. Planning Commission Regular Meeting Minutes August 11, 1998 Page 3 MOTION by Droste to table action on this matter until Commissioners receive a legal interpretation of the issues involved and additional information regarding parking. Seconded by Tentinger. Ayes: Shoe Corrigan, Weisensel, DeBettignies, Tentinger, and Droste. Nays: 0. Motion carried. New Business: Commercial Zoning Districts Discussion Jill Hutmacher presented the proposed revisions to the commercial district use regulations. The revised format follows that used for the residential district, thus creating a more user friendly document. There is no longer a category for uses permitted by planned unit development. A new category for conditional uses has been created. Standardized Industrial Classification (SIC) codes are implemented to describe the permitted and conditional uses in each district. Ms. Hutmacher summarized the uses permitted in each commercial zoning district. Commissioners discussed various aspects of the ordinance, including definitions and conditional uses within the districts. Commissioners suggested that Professional Services be added to the conditional uses permitted in the C -1 District and that Membership Organizations be under conditional uses in all four commercial districts. Commissioners requested copies of the SIC codes. There being no further business to come before this Commission, upon MOTION by Droste and upon unanimous decision, the meeting was adjourned at 8:55 p.m. Respectfully submitted, dIP Dianne G. Quinnell Recording Secretary CITY OF ROSEMOUNT 28 75- Rosemount, MN Everything's Comin U Rosemount!! 55068 4997 d es Coming Up Phone 612 423 4411 Hearing Impaired 423 -6219 Fax 612- 423 -5203 Planning Commission Regular Meeting Minutes August 25, 1998 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, August 25, 1998. Chairperson Bill Droste called the meeting to order at 6:35 p.m. with members Mark DeBettignies, Jay Tentinger, and Kim Shoe Corrigan present. Commissioner Jeffrey Weisensel was absent. Also in attendance were City Planner Rick Pearson, Civil Engineer Doug Litterer, and Intern Jill Hutmacher There were no additions or corrections to the agenda. MOTION by DeBettignies to approve the August 11, 1998 Regular Planning Commission Meeting Minutes. Seconded by Shoe Corrigan. Ayes: DeBettignies, Tentinger, Droste, and Shoe Corrigan. Nays: 0. Motion carried. Department Announcements Commissioners noted the actions taken by the City Council on August 18, 1998. Old Business: Interpretation of Proposed Use in C -2 District This matter, which was tabled on August 11, 1998, pertains to Staffs interpretation of the zoning ordinance which excludes churches and places of worship from the C -2 Commercial District. The Church of Israel has leased space in the C -2 District and has requested the Planning Commission's interpretation of this use. Staff was directed to secure a legal interpretation of the issues regarding the close proximity of the church to McDivot's and to obtain additional information concerning parking. Mr. Pearson referred to a legal opinion obtained from the City Attorney, indicating that case law supports the continuation of a liquor establishment when a church locates in close proximity at a later date, provided the liquor establishment has not been abandoned for any length of time. There are 42 shared parking spaces available, and 10 spaces are expected to be needed for church services. Mr. Pearson indicated the commercial zoning district is in the process of being revised and the proposed ordinance amendment would provide a conditional use mechanism, which would include churches. A conditional use would provide the city with a level of regulation. If this use is approved at this time, there would be no regulation other than existing standards. Commissioners discussed issues related to growth potential, reserved parking spaces, and the status of the lease entered into by the Church of Israel. Yvonne Schirk, the real estate broker representing the Church of Israel, indicated the church has always remained small. The church will have to pay rent on the space, even though it is not used, Planning Commission Regular Meeting Minutes August 25, 1998 Page 2 Yvonne Schirk, the real estate broker representing the Church of Israel, indicated the church has always remained small. The church will have to pay rent on the space, even though it is not used, until another location is found or the conditional use amendment is completed. Commissioners were concerned about setting a precedent by allowing this use in the commercial district. They indicated a conditional use permit process is more favorable. Mr. Pearson indicated that park shelters are available for rental on a temporary basis. MOTION by DeBettignies to uphold the staff interpretation of the zoning ordinance which excludes churches and places of worship from the C -2, Community Commercial District. Seconded by Tentinger. Ayes: Tentinger, Droste, Shoe Corrigan, and DeBettignies. Nays: 0. Motion carried. Mr. Pearson advised the applicant of its option to appeal this decision to the City Council. Chairperson Droste moved Agenda Item S.B. Comprehensive Plan Update to follow the scheduled public hearings. Wensmann 11th Addition Final Plat Mr. Pearson presented the Final Plat for Wensmann Eleventh Addition, consisting of 98 unit townhomes located on the southeastern portion of the McNamara property, west of Chippendale Avenue. The plat is consistent with the approved preliminary plat. Grading issues have been resolved. The elevation for the townhomes has been dropped to within a foot of the elevations for the existing homes, with a berm separating the townhomes and family homes. Kelly Murry of Wensmann Homes was present and responded to Commissioners' questions. Commissioners discussed the reduction in the park size from 3 acres to 2.6 acres, tree preservation, communications with the property owners to the south, and utility drainage. In response to Commissioners' concerns, Mr. Litterer explained that, with the current improvements, the City is providing a storm sewer outlet to the Chippendale Avenue storm sewer. Emergency overflows are provided for the ponds. MOTION by Droste to recommend that the City Council approve the final plat for Wensmann Eleventh Addition 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 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. Preliminary payment for street improvements to Chippendale Avenue of $37,474; b. 1998 Storm Sewer Trunk Area Charges of $2,820 per acre; c. 1998 Geographic Information System (GIS) fees at $50 per unit; 3) Park dedication of 2.6 acres of land for park development with the balance in the form of cash contribution (if any) at the rate established by the current fee Planning Commission Regular Meeting Minutes August 25, 1998 Page 3 resolution. Seconded by Tentinger. Ayes: Droste, Shoe Corrigan, DeBettignies, and Tentinger. Nays: 0. Motion carried. Chairperson Droste recessed the Planning Commission meeting and opened the Board of Appeals and Adjustments. Public Hearing: Richard Schroeder Variance Chairperson Droste opened the public hearing on the Richard Schroeder variance. 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 request by Richard Schroeder for a variance allowing him to construct an 1,800 sq.ft. accessory building. Maximum area for accessory structures in the Rural Residential District is an aggregate of 1,200 sq.ft. This building is to replace a previous building destroyed in the May 30th windstorm. Mr. Schroeder indicated the building was destroyed due to the structure height which is unable to withstand the winds on his property due to elevation and exposure. A topography map of the area was reviewed, showing several other residences with the same elevation. The accessory building is for Mr. Schroeder's home occupation providing lawn care services. Mr. Pearson explained an expectation of a home business is that it does not impact on the residential nature of the neighborhood. Mr. Pearson stated that hardship had not been presented as a basis for issuance of a variance. Commissioners discussed issues related to the restrictive covenants for this development and the extent of the home occupation. Additionally, it was explained that construction of the previous building destroyed in the windstorm was not complete and there were no garage doors on the building. Chairperson Droste opened the floor to the Applicant. Richard Schroeder indicated that a lower building would fit the neighborhood better. His business equipment would be stored entirely within the structure. Mr. Schroeder explained his hardship consisted of the elevation of the land, prohibiting the construction of a high building. Chairperson Droste opened the floor to the public. Phil Buck, 13051 Charlston Way, indicated his support for granting the variance, stating the building construction was sound and that Mr. Schroeder needs the additional space for storage. He further indicated that Mr. Schroeder has improved the neighborhood with the improvements made to his property. Kerry Johnson, 13037 Charlston Way, offered his support, indicating this building was necessary to make Mr. Schroeder's business viable. He noted the previous building looked odd because of the Planning Commission Regular Meeting Minutes August 25, 1998 Page 4 height and that a lower building would look better. Mr. Johnson indicated he talked to several other surrounding neighbors who had no objection to the variance. Mr. Schroeder read a letter from Gerald Groff, 3255 131st St. W., indicating support for the variance. MOTION by Droste to close the public hearing. Seconded by Tentinger. Ayes: Shoe Corrigan, DeBettignies, Tentinger, and Droste. Nays: 0. Motion carried. Discussions continued concerning the requisites for a home occupation. Commissioners stated their concerns of setting a precedent. They indicated the zoning standards are in place, following a recent review and public hearing. They were not convinced that elevation was the sole cause of damage to the previous building and did not feel undue hardship was demonstrated. MOTION by Tentinger to deny the variance to Rural Residential accessory structure standards for maximum area because of the inconsistency with the findings of Section 14.2.G. required for variances to the zoning ordinance. Seconded by Droste. Ayes: DeBettignies, Tentinger, Droste and Shoe Corrigan. Nays: 0. Motion carried. Mr. Pearson explained to the applicant the option to appeal to the City Council. Public Hearing: Stacy Kristi Heins Variance Chairperson Droste opened the public hearing on the Stacy Kristi Heins variance. 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 Heins' request for a two foot variance to driveway side yard setbacks so they can widen their driveway. Presently, the driveway is not wide enough for two cars to park side -by -side. In the R -1A district, there is a five foot setback for single story houses and garages; however, the driveway side yard setback is ten feet. Mr. Pearson explained this is a discrepancy in the zoning ordinance. After expansion, Heins' driveway would be eight feet from the property line. Mr. Pearson displayed photographs illustrating several nonconforming garage setbacks for properties in the area. Mr. Pearson indicated the Applicant was unable to attend the meeting. Chairperson Droste opened the floor to the public. Kristi Heins' mother was present at the meeting. She explained the difficulty in maneuvering cars in the narrow driveway. She also pointed out the neighbor's house is set back from the driveway, and that cars parked in the driveway would not be next to the neighbor's house. Planning Commission Regular Meeting Minutes August 25, 1998 Page 5 MOTION by Droste to close the public hearing. Seconded by Tentinger. Ayes: Tentinger, Droste, Shoe Corrigan, and DeBettignies. Nays: 0. Motion carried. Chairperson Droste referenced a letter from James H. McCann and Marla J. McCann, dated August 19, 1998, stating their opposition to the variance. Copies of the letter were previously provided to the Commissioners for review. Commissioners noted the issues presented in the letter pertain to the present use of the property and children activity. MOTION by Tentinger to grant the two foot variance to side yard setbacks in conformance with the findings of Section 13.2(G) for Lot 4, Block 1, Motz Fourth Addition. Seconded by Droste. Ayes: Droste, Shoe Corrigan, DeBettignies, and Tentinger. Nays: 0. Motion carried. Chairperson Droste closed the Board of Appeals Adjustments and reconvened the Planning Commission meeting. New Business: Comprehensive Plan Update Mr. Pearson explained changes to the housing chapter of the comprehensive plan following a City Council worksession. Discussions continued concerning revisions to the growth rate, housing mix, and designation of areas for the Transition Residential (Cluster) District. These changes have reduced the number of acres required for future MUSA expansion. Ms. Hutmacher reviewed the Outline for completion of the Comprehensive Plan update, along with the Land Use Districts. Agricultural Research and Transition Residential are two new districts added to the plan. There was a discussion concerning the policy statements included for each district. A draft plan must be completed in October for distribution to surrounding cities. Commissioners suggested re- wording the confrontational language concerning densities in the Rural Residential District. There being no further business to come before this Commission, upon MOTION by Droste and upon unanimous decision, the meeting was adjourned at 9:00 p.m. Respectfully submitted, Dianne G. Quinnell Recording Secretary CITY OF ROSEMOU NT 2875 1 45 thS t eetWest r Rosemount, MN Everything's Coming Up Rosemount!! 55068 -4997 Phone: 651- 423 -4411 Hearing Impaired 651 423 -6219 Fax: 651-423-5203 Planning Commission Regular Meeting Minutes September 8, 1998 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, September 8, 1998. Chairperson Bill Droste called the meeting to order at 6:30 p.m. with members Mark DeBettignies, Kim Shoe Corrigan and Jeffrey Weisensel present. Commissioner Jay Tentinger arrived at 7:00 p.m. 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 DeBettignies to approve the August 25, 1998 Regular Planning Commission Meeting Minutes. Second by Droste. Ayes: DeBettignies, Droste, Shoe Corrigan, and Weisensel. Nays: 0. Motion carried. Department Announcements Commissioners noted the actions taken by the City Council on September 1, 1998. Old Business: Comp. Guide Plan Commercial/Industrial Chapters Mr. Rogness presented the draft Commercial and Industrial chapters to the Comprehensive Plan. Staff is currently working on mapping and text for the Commercial section. There were discussions concerning commercial lot availability, commercial enhancements, making a connection between the old and the new, and identification of redevelopment. There are two new areas designated for Industrial, including approximately 200 acres east of the golf course and a new category, Mixed Industrial, that allows a mixture of highway commercial with industrial uses near the Highway 42/52 intersection. There are 675 acres guided for General Industrial in Rosemount. Commissioners expressed a preference for MUS.A expansion south of the 42/52 intersection prior to expanding further east. Additionally, it was suggested that language be included which addresses the type of business in the old and new downtown areas. Public Hearing: Shannon Pond South Preliminary Plat Final PUD Chairperson Droste opened the public hearing on the Shannon Pond South Preliminary Plat and Final PUD application. 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 revised Preliminary Plat for the Shannon Pond South development. This development consists of 47 single family detached homes. Subsequent to concept approval, the developer acquired the 120' strip along the northwestern edge, which added 8 lots. Street design was reviewed, including the strip of land separating the existing homes north of the cul -de -sac on Upper 156 and the street. Mr. Pearson described six variances required for lot width, lot depth, and cul -de -sac diameter, and he suggested changes to the plat design to eliminate some of the variances. 30 out of 64 trees will be saved, resulting in approximately 76 replacement trees necessary. Additional berming along 160 street is required for screening purposes. No land is dedicated for park development. Commissioners discussed issues related to berming along 160 St., the cul -de -sac and green space along Upper 156 turnarounds on the lots fronting Shannon Parkway, and storm water ponding. Chairperson Droste opened the floor to the applicant. Jim Allen was present, together with his engineer, Peter Knaeble. Mr. Knaeble indicated that turnarounds would be required on the three lots on Shannon Parkway. The developer will work with City Staff to get appropriate berming on 160 St. In addition, lots can be shifted to eliminate the variance for Lot 24. The variances for the lots in the northern portion are not significant. Chairperson Droste recommended extending the lot line for Lot 17 into the ponding area. Estimated value of the homes is $175,000- $200,000. Chairperson Droste opened the public hearing. Mr. Pearson referenced correspondence from Jim Burkhardt, dated September 3, 1998, a copy of which was provided to each Commissioner prior to the meeting. Joe Horarik, 14685 Danville Ave. W., lives just north of the 8 lots on Upper 156 and has been maintaining the property directly behind his home. In response to Mr. Horarik's questions, Mr. Pearson indicated there is no interest by the City to develop the vacant property for park. The strip between the street and the property line could be given to the individual property owners or attached to Lot 8. Paul Brown, 4201 157 St. W., expressed his concern about the five homes north of the cul -de -sac on Upper 156 Mr. Brown lives just south of Upper 156 and he indicated he would be looking down at the back of the new homes. Mr. Pearson indicated there would be a minimum of 60 feet between the existing homes to the south and the new homes. Mr. Brown envisioned a park in this area. Planning Commission Regular Meeting Minutes September 8, 1998 Page 3 Monica Mooney, 15716 Crystal Path, lives north of Outlot A and inquired about the drainage easement which runs along her property. Paul Brown, questioned further whether there are any other single family homes in Rosemount on double- fronted lots. Several examples were provided to Mr. Brown. Mr. Pearson explained that double- fronted lots required an additional 10' of depth. Leo Hill, 4221 157 St. W., inquired as to street elevation. Joe Horarik, inquired about assessments for sidewalks, etc. Mr. Litterer explained the assessment policy. MOTION by Droste to close the public hearing. Second by Tentinger. Ayes: Tentinger, Droste, Shoe Corrigan, Weisensel, and DeBettignies. Nays: 0. Motion carried. Commissioners discussed an additional condition that the strip of land separating the existing homes in the northern portion from the new homes on Upper 156 be segmented and adjoined with the northern properties. Chairperson Droste confirmed with Mr. Kaneble that lots would be shifted to eliminate the variance for Lot 24. MOTION by Shoe Corrigan to recommend that the City Council approve the preliminary plat for Shannon Pond South subject to: 1) Conformance with the conditions of Resolution 1997 -81 with fees increased based on the number of lots and in accordance with the current fee resolution; 2) Granting of variances for lot depth and/or width for Lots 1, 2, 6 7, Block 1, and Lot 1, Block 3; and allowing driveway access to Shannon Parkway for Lots 25, 26, and 27, Block 1 with a requirement that those lots have driveway turnarounds; 3) Variance to cul -de -sac diameter standards for Upper 156 Street West; 4) Rezoning the balance of the property to R -1, Low Density (single family) Residential; 5) Screening along 160 Street shall be enhanced with berming where possible and additional landscaping including the tree replacement requirement; 6) Approval of the Dakota County Platting Commission; 7) The "panhandle" shaped northern portion of the 120' wide strip north of Upper 156 Court West be segmented and quitclaimed to the adjoining northern properties. Second by DeBettignies. Ayes: Droste, Shoe Corrigan, Weisensel, DeBettignies, and Tentinger. Nays: 0. Motion carried. Public Hearing: James Jordan Lot Split Lot Combination Chairperson Droste opened the public hearing on the application by James Jordan for a lot split and lot combination. 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 James Jordan for a Lot Split and Combination. This application pertains to two parcels owned by Martha Simonett and located on Planning Commission Regular Meeting Minutes September 8, 1998 Page 4 Chinchilla Avenue. Mr. Jordan wishes to construct a home on the six acre parcel south of the Simonett residence. This parcel is landlocked with no frontage on a public street or right -of -way. Mr. Jordan is requesting to split off a .04 triangular piece from Mrs. Simonett's 2.76 acre lot and combine it with the 6 acre parcel, thereby creating driveway access to the right -of -way. A 140' variance for ROW frontage will be needed. Because Mr. Jordan does not plan to build for several years, he has requested the variance be effective for five years. Discussions continued concerning the possibility of further subdividing the property and adequate space for a septic system. Mr. Pearson explained that maximum density is 1/5 acre. Chairperson Droste opened the floor to the Applicant. James Jordan was present and available to answer questions. Chairperson Droste opened the floor to the public. Bob Kubat, 12536 Chinchilla Ave., inquired whether the restrictive covenants for Rosemount Hills would apply to Mr. Jordan's development of the property. Mr. Pearson explained the City does not enforce covenants. In response to Mr. Kubat's inquiry about construction of the driveway, Mr. Pearson indicated it would be Mr. Jordan's responsibility to build the driveway. Mr. Jordan indicated he would work with Public Works with this project and assume all costs for construction of the driveway. MOTION by Droste to close the public hearing. Second by Tentinger. Ayes: Shoe Corrigan, Weisensel, DeBettignies, Tentinger, and Droste. Nays: 0. Motion carried. Commissioner Shoe Corrigan expressed her concerns regarding the adjacent 12 acre parcel and any impact on the wetland. MOTION by DeBettignies to recommend that the City Council approve the lot split/combination subject to the granting of the 140 foot variance to lot frontage requirements for the 6.04 acre parcel. Second b y Tentinger. Ayes: Weisensel, DeBettignies, Tentinger, Droste, and Shoe Corrigan. Nays: 0. Motion carried. Chairperson Droste recessed the Planning Commission meeting and opened the Board of Appeals Adjustments. Public Hearing: Lot Frontage Variance, Chinchilla Ave. Chairperson Droste opened the public hearing on the variance application by James Jordan. The recording secretary has placed the Affidavit of Publication and Posting of a Public Hearing Notice on file with the City. Planning Commission Regular Meeting Minutes September 8, 1998 Page 5 Mr. Pearson explained a variance is requested for the 6.04 acre parcel located south of the Simonett residence on Chinchilla Avenue. Rural Residential lots are required to have 200 feet of frontage on the right -of -way. This lot has 60 feet, requiring a 140 foot variance. Chairperson Droste opened the public hearing. There were no comments. MOTION by Tentinger to close the public hearing. Second by Droste. Ayes: DeBettignies, Tentinger, Droste, Shoe Corrigan, and Weisensel. Nays: 0. Motion carried. MOTION by DeBettignies to grant the 140 foot lot frontage variance for the six acre parcel (PIN 34- 01710- 019 -60) in accordance with the attached findings required of Section 14.2(G) of the City of Rosemount Zoning Ordinance. Second by Tentinger. Ayes: Tentinger, Droste, Shoe Corrigan, Weisensel, and DeBettignies. Nays: 0. Motion carried. Public Hearing: St. John's Lutheran Church Variance Chairperson Droste opened the public hearing on the application by St. John's Lutheran Church for a variance for an accessory structure. The recording secretary has placed the Affidavit of Publication and Posting of a Public Hearing Notice on file with the City. Mr. Pearson indicated that St. John's wishes to place a 12x12 storage shed alongside an existing shed on Cantata Avenue, requiring a street -side yard setback variance of 18 feet. Additionally, the new shed must be 6' from the existing shed, increasing the variance by another 3 feet, for a total variance of 21 feet. Mr. Pearson described alternative locations for the shed. Because other options are available, Staff cannot recommend the variance be granted. Chairperson Droste opened the floor to the applicant. Pastor Hall was present at the meeting, together with Sandra Kowlessar and the contractor. Pastor Hall explained they preferred to locate the shed at the requested location for safety reasons. Alternate locations suggested by Mr. Pearson would be unattractive in the front entrance area and reduce parking in the northern portion. Some locations would also affect snow storage. The existing storage shed is used for storing equipment, gasoline, etc. Commissioners reviewed alternate location sites and felt the best alternative would be in the northwest corner of the parking lot. While this location may also require a variance, it would not be as significant as the location on Cantata Avenue. Chairperson Droste opened the floor to the public. Planning Commission Regular Meeting Minutes September 8, 1998 Page 6 Jesse Williams, 3240 144 St. W., indicated the residents on 144 St. W. would object to the shed if it were located on the south side of the church property. Otherwise, he had no objections to the church having the additional storage shed. MOTION by Droste to close the public hearing. Second by DeBettignies. Ayes: Droste, Shoe Corrigan, Weisensel, DeBettignies, and Tentinger. Nays: 0. Motion carried. Commissioners agreed that additional information is necessary regarding alternate locations for the shed. MOTION by DeBettignies to table action and direct Staff to prepare findings in support of the variance based upon testimony received at the public hearing and as directed by the Board of Appeals and Adjustments. Second by Tentinger. Ayes: Shoe Corrigan, DeBettignies, Tentinger, and Droste. Nays: Weisensel. Motion carried. Chairperson Droste adjourned the Board of Appeals Adjustments and reconvened the Planning Commission meeting. 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, t_u_bu i a Dianne G. Quinnell Recording Secretary go CITY OF RO S E M 0 U N T 2875 C 1 45 t h �S t Street West Rosemount, MN 55068.4997 Everything's Coming Up Rosemount!! Phone 651-423-4411 Hearing Impaired 6219 Fa 651-423-6219 Planning Commission Regular Meeting Minutes October 13, 1998 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, October 13, 1998. Chairperson Bill Droste called the meeting to order at 6:35 p.m. 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 Jill Hutmacher. There were no additions or corrections to the agenda. MOTION by Droste to approve the September 8, 1998 Regular Planning Commission 0 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 6, 1998. Mr. Pearson invited the Planning Commissioners to a Committee of the Whole meeting scheduled for October 19, 1998 at 6:30 p.m. A representative from the Met Council will be present at the meeting to discuss housing issues. Mr. Pearson indicated that representatives of the Kelley Trust met with staff and announced that Scherer Brothers Lumber has been selected as the developer. Old Business: St. John's Lutheran Church Variance On September 8, 1998, the Board of Appeals Adjustments tabled action on the variance requested by St. John's Lutheran Church and requested additional information concerning alternate locations for placement of the storage shed. Mr. Pearson indicated he received a telephone call from the applicant stating the parties could not agree on an alternate location and, therefore, withdrew the variance application. No further action will be taken. Planning Commission Regular Meeting Minutes October 13, 1998 Page 2 New Business: Comprehensive Guide Plan Transportation Issues Jill Hutmacher presented for discussion the draft transportation chapter for the comprehensive plan. Improvements include completion of Diamond Path from CSAH 42 to 160 St., extension of Connemara Trail and Bacardi Avenue, and a collector street through the Kelley Trust area. Recommendations of the County Road 42 Corridor Study have been implemented. Discussion continued. Commissioner Shoe Corrigan opposes a new collector street connecting Shannon Parkway to Diamond Path across the Kelley Trust property, half way between Connemara Trail and McAndrews. Commissioner Tentinger indicated the traffic counts will have an impact on residential areas and will need to be substantiated. Public Hearing: Wensmann Twelfth Addition Preliminary Plat Chairperson Droste opened the public hearing for Wensmann Twelve Addition Preliminary Plat and PUD Development Plan. The recording secretary has placed the Affidavit of Mailing and Posting of a Public Hearing on file with the City. However, publication of the Public Hearing notice was not accomplished. Therefore, final action on this application will not be taken until the October 27, 1998 meeting, following publication of the notice. Mr. Pearson presented the revised preliminary plans for Wensmann Twelfth Addition. Revisions to the plans have responded to previous issues and eliminated variances. The proposal consists of 44 townhouse units on three unconnected cul -de -sacs. Density is 3.65 du/ac. The townhouse units are single level with either full walkouts or lookout basements. The average price is $180,000. Grading options are being reviewed for the wetland area. Mr. Pearson referred to a letter from Roger Cathi Hackbarth, 3891 153 St. W., copies of which were previously provided to the Planning Commissioners. Additionally, staff received a call from Robert Navara, President of Rosemount National Bank, offering his support for the Wensmann development. Mr. Litterer explained the grading proposal for O'Leary's Pond that was presented to the Utility Commission and its recommendation to the City Council that the wetland on the city owned outlot be graded for ponding purposes. Mr. Litterer explained the recommended proposal involved a redistribution of the planting shelf areas to maintain functional wetland and more open water along Shannon Parkway. The maximum depth would be approximately 3 feet. Plant growth would be evident along the outer edges. A discussion continued concerning the O'Leary's Pond grading proposal. Chairperson Droste opened the floor to the developer. Terry Wensmann indicated he participated in a neighborhood meeting where the issue of the wetland was discussed. It was his understanding the neighborhood wanted more standing water in the pond. Planning Commission Regular Meeting Minutes October 13, 1998 411 Page 3 Chairperson Droste opened the floor to the public. Loretta Loesch, 3915 153 St. W., does not want the wetland redeveloped as she does not believe it could be restored to its present state. Kelly McGivern, 15173 Claret Avenue, believed most neighbors preferred the open pond option for the wetland. Mr. McGivern was concerned about the elevation of the townhouse units located near his home. Mr. Pearson explained the distance between the townhomes and his home is 125'. As to the elevation, Mr. Wensmann indicated the townhome units near Mr. Givern's home have lookout basements rather than walkouts and the elevation is similar to that Mr. McGivern's home. Commissioner Weisensel left the meeting at 8:15 p.m. There were further discussions addressing the wetland issue and the need to maintain the wetland function. MOTION by Tentinger to continue the public hearing until 7:00 p.m., October 27, 1998. Seconded by DeBettignies. Ayes: Tentinger, Droste, Shoe Corrigan, and DeBettignies. Nays: 0. Motion carried. Chairperson Droste recessed the Planning Commission meeting and opened the Board of Appeals Adjustments. Public Hearing: Barbara Thomas Murphy Variance Chairperson Droste opened the public hearing for the variance requested by Barbara and Thomas Murphy. The recording secretary has placed the Affidavit of Mailing and Posting of a Public Hearing on file with the City. However, publication of the Public Hearing notice was not accomplished. Therefore, final action on this application will not be taken until the October 27, 1998 meeting, following publication of the notice. Mr. Pearson presented the request by Barbara and Thomas Murphy for a variance from side yard setbacks for the purpose of constructing an attached two car garage. Their property is an urban-size lot in the Rural Residential district, requiring a 30 foot side yard setback. The proposed garage is 6' from the property line, necessitating a 24' variance. Mr. Pearson noted the homes in this neighborhood have two car garages and 36% of the homes have encroachments into setback areas. The neighboring home is 80' from the property line. The 5' drainage easement would not be affected. Chairperson Droste opened the floor to the applicant. Barbara Murphy was present to answer any questions. Planning Commission Regular Meeting Minutes October 13, 1998 0 Page 4 Chairperson Droste opened the floor to the public. Dick Back, 12895 Bengal Ave. S., is the adjoining property owner. Mr. Back indicated his approval for the variance, provided the garage is attached and the vegetation along the property line is preserved. He believes the garage would enhance the property and the neighborhood. MOTION by Tentinger to continue the public hearing until 7:00 p.m., October 27, 1998. Seconded by DeBettignies. Ayes: Droste, Shoe Corrigan, DeBettignies, and Tentinger. Nays: 0. Motion carried. Chairperson Droste adjourned the Board of Appeals Adjustments and reconvened the Planning Commission meeting. There being no further business to come before this Commission, upon MOTION by Droste, and upon unanimous decision, the meeting was adjourned at 8:40 p.m. Respectfully submitted, 1.. iti I Dianne G. Quinnell Recording Secretary CITY OF RO S E M 0 U N T 2875 C 1 4 5 t h iStreet West •z Rosemount, MN Everything Coming Up Rosemount!! 55068-4997 Phone 651-423-4411 Hearing Impaired 651 423.6219 Fax 651- 423 -5203 Planning Commission Regular Meeting Minutes October 27, 1998 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, October 27, 1998. Chairperson Bill Droste called the meeting to order at 6:35 p.m. 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 the agenda be changed to include as Old Business a followup to the improvements at CF Industries. There were no other additions or corrections to the agenda. MOTION by DeBettignies to approve the October 13, 1998 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 October 20, 1998. Old Business: C.F. Industries Mr. Pearson updated the Planning Commission on the building constructed by C.F. Industries for use as a breakroom. Mr. Pearson shared pictures of the improvements made to the site. Chairperson Droste complimented C.F. Industries for the well maintained condition of the site and its willingness to work with the city. Chairperson Droste recessed the meeting at 6:45 p.m. for 15 minutes. Public Hearing: Wensmann Twelfth Addition Preliminary Plat Chairperson Droste opened the public hearing for Wensmann Twelfth Addition Preliminary Plat, continued from October 13, 1998. 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. There was discussion concerning the wetland, the planting shelf and open water areas. Chairperson Droste opened the floor to the Applicant. Terry Wensmann was present to answer questions. Planning Commission Regular Meeting Minutes October 27, 1998 Page 2 Chairperson Droste opened the floor to the public. Kelly McGivern, 15173 Claret Avenue, is concerned with the close proximity of the townhouse units to his home and suggested additional berming and increasing the number and size of the trees along his property line. In response to Mr. McGivern's concerns, Mr. Wensmann indicated the townhomes by Mr. McGivern's home are one -level with lookouts, not walkouts. An excessive amount of landscaping is already provided. Mr. Wensmann will work with the city to explore options for berming which will not affect drainage. There were further discussions concerning the wetland. Mr. Litterer explained it will take approximately three years to establish the wetland. Safeguards for maintaining a functional wetland will be addressed in more specific detail later in the process. MOTION by Tentinger to close the public hearing. Seconded by Droste. Ayes: Tentinger, Droste, Shoe Corrigan, Weisensel, and DeBettignies. Nays: 0. Motion carried. MOTION by Tentinger to recommend approval of the Wensmann Twelfth Addition preliminary plat subject to: 1) Execution of a PUD agreement; 2) Park Dedication in the form of cash in the amount established by the current fee resolution; 3) 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; 4) Developer must make payment to the City at the time of final plat for the following items: a) 1998 Storm Sewer Trunk Area Charges at $2,820 per acre and b) 1998 Geographic Information System (GIS) fees at $50 per unit; 5) Conformance with all applicable building and fire codes. Seconded by Droste. Ayes: Droste, Shoe Corrigan, Weisensel, DeBettignies, and Tentinger. Nays: 0. Motion carried. Chairperson Droste recessed the Planning Commission meeting and opened the Board of Appeals Adjustments. Public Hearing: Murphy Variance Chairperson Droste opened the public hearing on the application by Barbara and Thomas Murphy for a variance, continued from October 13, 1998. 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 pictures of the subject property, showing the location of the proposed garage. Preservation of existing vegetation along the property line was a concern presented at the October 13 public hearing. Mrs. Murphy was present at the meeting and indicated that no pine trees will be removed. Chairperson Droste opened the public hearing. There were no comments. Planning Commission Regular Meeting Minutes October 27, 1998 Page 3 MOTION by Droste to close the public hearing. Seconded by Tentinger. Ayes: Shoe Corrigan, Weisensel, DeBettignies, Tentinger, and Droste. Nays: 0. Motion carried. MOTION by Tentinger to grant the 24 foot variance to side yard setbacks for the proposed attached garage at 12865 Bengal Avenue consistent with the findings required of Section 14.2(G) of the Rosemount Zoning Ordinance. Seconded by Shoe Corrigan. Ayes: Weisensel, DeBettignies, Tentinger, Droste, and Shoe Corrigan. Nays: 0. Motion carried. Chairperson Droste adjourned the Board of Appeals Adjustments and recessed the meeting at 7:25 p.m. At 7:30 p.m., Chairperson Droste reconvened the Planning Commission meeting. Public Hearing: Spectro Alloys Site Plan Review Chairperson Droste opened the public hearing on Spectro Alloys Site Plan Review application. 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 Spectro Alloys for the site plan review of a 12,000 sq.ft. warehouse addition and semi trailer parking area. Mr. Pearson presented pictures of the existing facility and landscaping. The plans were reviewed, including the cul -de -sac entrance, landscaping, and grading. While the plans indicate a trap rock surface for the parking area, city standards require a bituminous surface. Additionally, curb gutter is required around the perimeter. Mr. Pearson presented a letter from Pat Lynch with the DNR addressing the impact on the corridor area and the importance to implement storm water management practices on site. Staff's recommended approval of the site plan is conditioned upon management of storm water runoff, pavement, and curb gutter. Chairperson Droste opened the floor to the Commissioners. Discussions continued concerning issues related to outdoor storage and storm water management. Chairperson Droste opened the floor to the applicant. Dan Hoklas was present at the meeting. Mr. Hoklas indicated their budget does not allow for a bituminous surface in the semi trailer area. Mr. Hoklas feels this area is a storage area rather than a parking area. City regulations allow a gravel surface in storage areas. The trap rock is low cost maintenance and is most suitable for the site. The additional cost for a bituminous surface would be approximately $200,000. This additional cost may necessitate the improvements to be done in phases. Chairperson Droste pointed out this is an environmentally sensitive area and was concerned about the overall appearance of the site along the highway. Mr. Hoklas indicated they intend to fill in the area along the highway with trees and shrubs. Chairperson Droste opened the floor to the public. There were no comments. MOTION by Tentinger 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 27, 1998 416 Page 4 Commissioners discussed further the requirement for pavement in the parking area and the structure for any phasing plans. MOTION by Shoe Corrigan to approve the site plan for Spectro Alloys Corporation subject to: 1. Conformance with General Industrial District Standards which require pavement of the entire (new) trailer storage area with bituminous or concrete and including curb gutter around the entire p perimeter of the new parking and driveway areas; 2. Elimination of setback variances from Doyle Path for driveway areas; 3. Additional Landscaping as required for additional perimeter screening; 4. Incorporation of recommendations relative to grading, storm water management and erosion control on site as identified by the Public Works Department which will include onsite ponding areas for stormwater management; 5. Conformance with all applicable building and fire codes. 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 and upon unanimous decision, the meeting was adjourned at 8:47 p.m. Respectfully submitted, mob 1 w Y Dianne G. Quinnell Recording Secretary g0 HALL C ITY OF ROSEMOUNT 2875 S tree t West v a Rosemount, MN Everything's Coming Up Rosemount!! 550684997 Phone: 651- 423 -4411 Hearing Impaired 651 423 -6219 Fax. 651- 423 -5203 Planning Commission Regular Meeting Minutes November 10, 1998 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, November 10, 1998. Chairperson Bill Droste called the meeting to order at 6:30 p.m. 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 Jill Hutmacher, and Civil Engineer Doug Litterer. III Mr. Pearson requested the agenda be changed to move the New Business items prior to Old Business. There were no other additions or corrections to the agenda. MOTION by Tentinger to approve the October 27, 1998 Regular Planning Commission Meeting Minutes. Seconded by Droste. Ayes: DeBettignies, Tentinger, Droste, Shoe Corrigan, and Weisensel. Nays: 0. Motion carried. Department Announcements Commissioners noted the actions taken by the City Council on November 3, 1998. New Business: Interpretation of Proposed Use in C -2 District Mr. Pearson indicated the John Deere dealership has been sold and the new owner has expressed an interested in operating a used car lot on the site. City staff interprets the zoning regulations to prohibit automobile sales in the C -2, Community Commercial District. Options available to the new owner are to ask for a rezoning, ask that the zoning ordinance be amended to include automobile sales as a permitted use, or consider another permitted use for the property. Commissioners noted concerns that an automobile related business is not consistent with prior discussions concerning the downtown area, the Scoping Committee previously concluded that auto related businesses are not desirable in this area, outside displays do 0 not fit into the downtown core area, continuity with existing businesses would not be met by an auto sales business, spot zoning is not desirable, and an auto sales business would Planning Commission Regular Meeting Minutes November 10, 1998 Page 2 not fit the purpose and intent of the zoning regulations. Commissioners indicated they would not support an auto related business as a permitted or conditional use in the C -2 District. Reid Hanson, representing David Finnegan as the new owner of the property, indicated a small, used car dealership would be an asset to the business community. He also asked the Commissioners to consider the impact of this land use proposal compared to a parking lot in the downtown. Commissioner Shoe Corrigan indicated support for considering a car sales business as a conditional use under the revised C -2 District zoning regulations. New Business: MNRRA Review Mr. Rogness explained that the current plan for protection of the Mississippi River corridor exists separate from the comprehensive plan. The Met Council now requires that a chapter on the Mississippi River Critical Corridor be included in the comprehensive plan update. McCombs Frank Roos Associates (MFRA) was retained by the city to assist in the effort to incorporate the Mississippi National River and Recreation Area (MNRRA) policies into the plan. Marc Weigle of MFRA was present at the meeting to summarize issues within the corridor. Mr. Weigle presented maps identifying the physical features and present uses in the corridor. Regulatory controls consist of zoning, shoreland overlay regulations, and bluffline setbacks. Also reviewed were maps identifying the topography, slopes and natural resources. The County is interested in trail connections and will be meeting with property owners. Discussions continued concerning access to Spring Lake Park and a trail system. Old Business: Review Draft Comprehensive Guide Plan Mr. Rogness summarized the major changes to the plan update, including reduction in population forecasts, constraints to development, inclusion of the 1997 resident survey, limitation of residential development in the Agriculture district, a new land use designation for the Kelley Trust property, provision of specific housing targets, commercial enhancements, development along CSAH 42 corridor, redevelopment plan for downtown sites, and a transportation plan. The city is not proposing to change the current residential MUSA, which should provide adequate land supply past 2015. Commissioner Tentinger suggested that the Eastbridge area be redirected to Business Park, and that Urban Residential be extended further north of County Road 38. Discussions continued concerning the HR -High Density Residential areas. Planning Commission Regular Meeting Minutes November 10, 1998 Page 3 Commissioner Shoe Corrigan indicated the standard for a buffer setback of 100 feet applied to the transitional residential area is arbitrary and should be rewritten. Discussions continued regarding development in the rural residential areas and the lack of high quality, high- density development. Chairperson Droste requested that the two distinct commercial areas, consisting of Town Center and the Central Business District, be clearly defined. There were further discussions concerning the Hwy. 3 corridor and its effect on the downtown area. It was suggested that a statement be included which expresses citizens' wishes for the core area. Mr. Rogness indicated an open house is scheduled for November 24, from 4:00 -7:00 p.m. MOTION by DeBettignies to recommend to the City Council the following changes to the draft Comprehensive Guide Plan: 1) Change the land use designation for the CMC property between Hwy. 3 and Biscayne Ave. from UR -Urban Residential to BP- Business Park; 2) Change the land use designation for the Brockway property from BP- Business Park to HR -High Density Residential; 3) Replace the 100 foot buffer setback language in the transitional residential district with stronger language which is sensitive to the land; 4) Include stronger language in the Commercial section defining the distinct Town Center and Central Business District areas; 5) Express concern of the Hwy. 3 corridor designation and how it will affect the commercial area. 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 and upon unanimous decision, the meeting was adjured at 9:00 p.m. Respectfully submitted, Dianne G. Quinnell Recording Secretary i CITY HALL U 2 875 145th Street West 55068.49 Rosemount, L MN CITY OF ROSEM Rosemount!! Phone. 651-423- U Rosem aired 651- 423 -6219 Everything's Coming P Nearing�mP Fax: 651 -423 -5203 Planning Commi Regular r 24, 1998 r Meeting Minutes November the Regular Meeting of the Planning Commission November 24, 1998. Chairperson Bill Droste called the Pursuant held due on T and notice thereof, $ett Bi Jay Droste c lle was duly held order Tuesday, Nov er Rick to order at 6:35 p•m with members Mark De meeting eisensel present. Also in attendance were City Planner Shoe-Corrigan and Jeffery W Litterer. Pearson and Civil Engineer Doug There were no additions or corrections to the agenda. d the minutes the November 10, 1998 meeting be requested s of b re the Novemier Plan that the Codified o add to the req the Comp Weisensel modified to add to the changes motion concerning mission Meeting Minutes, as n resented to the City Council. MOTION y recommendatio approve the November fvr g 19 98 Regular Planning Ten issi Droste, Shoe noes, an, to approve the and D l roste. Ayes: DeBettignies, amended. Seconded by Motion carried. Weisensel. Nays: n 1998. D I m n A the City Council on November 17 es to the the council's disagreement with the Chang Thmmwas a discussion s noted the actions taken by Commission. sion. There was a vPlan recommended by the Planning Comprehensive Pl meeting reconvened at 7:05 Chairperson Droste recessed the meeting at 6:53 p.m. The p.m. li requested Pin Eon m nn Agricultural Lot Division req P Chairperson 1• H ublic hearing for the Ag Droste opened the public has placed the Affidavit of Publication and by Edna The recording secretary Notice on file with the Publication Affidavit Edna O of a Public Affidavit of Mailing and Posting Hearing to subdivide her 80 acre farm. The nest by Edna O Mr. Pearson presented the eeq Coates, north of 160th Street East. C h t livision W ill property su t i is located 1.5 miles nta of lot result in a five acre parcel containing the farmstead and 75 acres of va 1 6 'Ng sid CITY OF ROSEMOU NT 2875— ;45 t "Aee t West Rosemount, MN Everything's Coming Up Rosemount!! 55068 4997 Phone: 651- 423 -4411 Hearing Impaired 651 423 -6219 Fax 651-423-5203 Planning Commission Regular Meeting Minutes December 8, 1998 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, December 8, 1998. Chairperson Bill Droste called the meeting to order at 6:34 p.m. 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 Tentinger to approve the November 24, 1998 Regular Planning Commission Meeting Minutes. Seconded by DeBettignies. Ayes: DeBettignies, Tentinger, Droste, Shoe Corrigan, and Weisensel. Nays: 0. Motion carried. Department Announcements The Commissioners had no questions regarding City Council actions. City Planner Pearson announced a joint workshop for the City Council, Planning Commission, and Parks Recreation Committee at 6:00 p.m., December 15, 1998, regarding the Kelley Trust. New Business: Shannon Pond South Final Plat City Planner Pearson briefly described the Final Plat and summarized the variances at the Commission's request. MOTION by Weisensel to recommend that the City Council approve the final plat for Shannon Pond South subject to: 1) Execution of a subdivision agreement to secure public infrastructure; and 2) Conformance with the conditions of Resolutions 1997 -81 and 1998 -113 (Concept and Preliminary Plat approvals). 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 and upon unanimous decision, the meeting was adjourned at 7:56 p.m. Respectfull submitted, Rick Pearson Recording Secretary 1110 CI OF ROSEMOU NT 2875 C 1 45 t h i Street West Rosemount, MN Everything's 's Coming Up Rosemount!! 55068 4997 y g Phone: 651. 423 -4411 Hearing Impaired 651 423 -6219 Fax: 651-423-5203 Planning Commission Regular Meeting Minutes December 22, 1998 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, December 22, 1998, following a worksession on the Kelly Trust development. Chairperson Bill Droste called the meeting to order at 7:08 p.m. 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. Mr. Pearson requested that agenda item 6.A. Rosemount Commons Final Plat be pulled from the agenda. There were no other additions or corrections to the agenda. Due to the late start, Chairperson Droste moved agenda items 3 through 6 to follow the public hearings. PUBLIC HEAR ING: TAVERN ON 42 REZONING Chairperson Droste opened the public hearing for Tavern on 42 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 Tavern on 42 to rezone the former Tom Thumb property to C -4, allowing a restaurant/tavern facility. This rezoning would be consistent with the Comprehensive Guide Plan and surrounding properties. Chairperson Droste opened the floor to the applicant. John Ursino and Don Fluegel were present to answer questions. Mr. Fluegel provided a brief description of the plans for the restaurant /tavern. Chairperson Droste opened the floor to the public. There were no comments. MOTION by Droste to close the public hearing. Second by DeBettignies. Ayes: DeBettignies, Tentinger, Droste, Shoe Corrigan, and Weisensel. Nays: 0. Motion carried. 4 Planning Commission Regular Meeting Minutes December 22, 1998 Page 2 Commissioners discussed issues related to overflow parking and recommended that parking along Canada Avenue from the business driveway to CSAH 42 not be allowed. Mr. Pearson explained the parking requirements and indicated the site plan will go through an administrative review for a building permit. A public hearing will be held for the liquor license. MOTION by DeBettignies to recommend that the City Council rezone the property at 15040 Canada Avenue to C -4, General Commercial. Second by Tentinger. Ayes: Tentinger, Droste, Shoe Corrigan, Weisensel, and DeBettignies. Nays: 0. Motion carried. P BLI HE N 1 T;_ 1 TY H 1 MP HEN IV I E AMEND ENT- REZ N NG• RE ID NTIAL PL NED NIT I E L L 1 P ►t ENT CONCEPT Chairperson Droste opened the public hearing for Dakota County HRA Comprehensive Guide Plan Amendment, Rezoning, and Residential Planned Unit Development Concept. 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 explained the applications submitted by the Dakota County HRA concerning a housing proposal on property located north of the National Guard OMS site, west of Biscayne Avenue and 1/2 mile north of 145 St. W. The HRA proposes 60 rental townhome units in the southern portion of the property, with a density of 8 du/ac. Twinhomes are proposed for the northern portion, with an approximate density of 3 du/ac, including the ponding area. The Comprehensive Guide Plan designates the property for Public /Institutional use. The proposed amendment changes the land use designation to High Density Residential in the southern half and Urban Residential for the remainder of the property. Also requested is rezoning from Agriculture to R -3, Medium Density Residential for the proposed 60 rental townhouses and R -2, Moderate Density Residential for the twinhomes. Mr. Rogness explained this project would take the city past 2005 in meeting the projections for high density housing needs. The project maintains a reasonable mix of housing and deals with the issue of affordability. Chairperson Droste opened the floor to the applicant. Keri Gill, representing the HRA, explained the nature of the Family Housing Partnership Program, indicating it was created to develop affordable housing. Ms. Gill displayed pictures of existing HRA developments. Commissioners discussed issues relating to the development's close proximity to the railroad tracks and access to public transportation. Ed McMenomy provided a brief description of the twinhome portion of the development. 4 Planning Commission Regular Meeting Minutes December 22, 1998 Page 3 Chairperson Droste opened the public hearing. Karen Gillespie, 2322 Bonaire Path, expressed her concern about the rental property and the value of the twinhomes. Jack Gillespie, 2322 Bonaire Path, inquired about upgrades to Biscayne Avenue, the Connemara Trail extension, and sewer water to the area. He also noted a gravel pit on his property could attract children and pose a safety concern. Mr. Litterer responded to Mr. Gillespie's concerns regarding street improvements and sewer water. MOTION by Tentinger to close the public hearing. Second by Droste. Ayes: Droste, Shoe Corrigan, Weisensel, DeBettignies, and Tentinger. Nays: 0. Motion carried. MOTION by DeBettignies to recommend that the City Council amend the Comprehensive Guide Plan changing the land use designation for the 16 acre parcel north of the National Guard OMS site to a combination of High Density (south half) and Urban Residential for the remainder of the property. Second by Tentinger. Ayes: Shoe Corrigan, Weisensel, DeBettignies, Tentinger, and Droste. Nays: 0. Motion carried. MOTION by DeBettignies to recommend that the City Council rezone the 16 acre parcel north of the National Guard OMS site to R -3, Medium Density Residential (south half) and R -2 Moderate Density Residential for the northern half, subject to adoption of the related Comprehensive Guide Plan Amendment. Second by Tentinger. Ayes: Weisensel, DeBettignies, Tentinger, Droste, and Shoe Corrigan. Nays: 0. Motion carried. MOTION by Shoe Corrigan to recommend approval of the concept planned unit development for the Dakota County HRA subject to: 1) Adoption of an amendment to the Comprehensive Guide Plan for Urban Residential and High Density Residential land use. 2) Rezoning the property to R -2, Moderate Density Residential (north 8.5 acres) and R -3, Medium Density Residential (south 7.5 acres). 3) Plan revisions to achieve consistency with city engineering, fire and zoning standards for street widths, curb gutter, turning radius and parking; realignment of the northerly triplex driveway to Biscayne Ave., and lastly, shifting the secondary entrance (e) south to a central location between the Main Entrance (a) and Connemara Avenue. 4) Enhancement of sight lines into the common open spaces from the perimeter to satisfy police concerns. Second by Tentinger. Ayes: DeBettignies, Tentinger, Droste, Shoe Corrigan, and Weisensel. Nays: 0. Motion carried. MOTION by Weisensel to approve the December 8, 1998 Regular Planning Commission Meeting Minutes. Seconded by DeBettignies. Ayes: Tentinger, Droste, Shoe Corrigan, Weisensel and DeBettignies. Nays: 0. Motion carried. 4 P 0 Planning Commission Regular Meeting Minutes December 22, 1998 Page 4 DEPARTMENT ANNOUNCEMENTS Commissioners noted the actions taken by the City Council on December 15, 1998, and discussed issues related to the Lance Johnson mining permit. There being no further business to come before this Commission, upon MOTION by Droste and upon unanimous decision, the meeting was adjourned at 8:45 p.m. Respectfully sub itted, Dianne G. Quinnell Recording Secretary 1111 w