Loading...
HomeMy WebLinkAbout2000 CITY OF RO S E M O U N T 2875 C 1 45 t H S A treet West a g h 1 Rosemount, MN 55068 -4997 Everything's Coming Up Rosemount!! Phone 651-423-4411 Hearing Impaired 651- 423.6219 Fax 651 423 -5203 Planning Commission Regular Meeting Minutes January 11, 2000 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, January 11, 2000. Chairperson Bill Droste called the meeting to order at 6:30 p.m. with members Jay Tentinger, Kim Shoe Corrigan, and Jeffery Weisensel present. Also in attendance was City Planner Rick Pearson. There were no additions or corrections to the agenda. MOTION by Weisensel to approve the November 23, 1999 Regular Planning Commission Meeting Minutes. Seconded by Shoe Corrigan. Ayes: Tentinger, Droste, Shoe Corrigan, and Weisensel. Nays: 0. Motion carried. Department Announcements Commissioners noted the City Council meeting on January 4, 2000, and discussed issues related to the City Hall remodeling project, the Sullivan variance, and mining. Also discussed was a change in the public hearing process. Mr. Pearson summarized the process currently used in Lakeville wherein the applicant, rather than city staff, presents the application. This process eliminates the perception that an application is advocated by the city. Commissioners requested a more formalized outline for the process. It was suggested that this process be used for the Solberg public hearing. Public Hearing: Solberg Aggregate Co. Mineral Extraction Permit Renewal Chairperson Droste opened the public hearing on the application by Solberg Aggregate Co. 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. Lauren Howard appeared on behalf of Solberg Aggregate Co. Mr. Howard indicated the mining operation has been in existence for approximately 35 years. He responded to questions concerning Solberg's lease with Koch Refining. Mr. Pearson described the mining area and indicated that Solberg is requesting to modify the grading plan, resulting in the production of an additional 200,000 cubic yards of material. Commissioners had questions concerning Koch's responsibility in the event Solberg abandoned the site. Planning Commission Regular Meeting Minutes January 11, 2000 11111 Page 2 Chairperson Droste opened the floor to the public. Marlin Rechtzigel, 14727 Clayton Ave., inquired about final restoration. 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 recommend that the City Council approve the mineral extraction permit renewal for Solberg Aggregate. Seconded by Tentinger. Ayes: Shoe Corrigan, Weisensel, Tentinger, and Droste. Nays: 0. Motion carried. MOTION by Droste to recommend that the City Council approve the grading plan modification for Solberg Aggregate. Seconded by Tentinger. Ayes: Weisensel, Tentinger, Droste, and Shoe Corrigan. Nays: 0. Motion carried. Public Hearing: Rechtzi2el /City of Rosemount Lot Split Chairperson Droste opened the public hearing on the application by the city of Rosemount for approval of a lot split concerning the Rechtzigel site purchased for a water tower. 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 city has purchased a 4.2 acre site from Marlin JoAnn Rechtzigel for the purpose of a water tower in eastern Rosemount. The water tower is important in providing urban services to the east side. The site is part of approximately 27 acres owned by the Rechtzigels. Chairperson Droste opened the public hearing. There were no comments. MOTION by Droste to close the public hearing. Seconded by Weisensel. Ayes: Tentinger, Droste, Shoe Corrigan, and Weisensel. Nays: 0. Motion carried. MOTION by Droste to recommend that the City Council approve the lot split for a 4.2 acre site for the east side water tower. Seconded by Shoe Corrigan. Ayes: Droste, Shoe Corrigan, Weisensel, and Tentinger. Nays: 0. Motion carried. There being no further business to come before this Commission, upon MOTION by Droste and upon unanimous decision, the meeting was adjourned at 7:30 p.m. Respectfully submitted. Dianne G. Quinnell Recording Secretary CITY OF ROSEMOUNT 2875 Rosemount, MN Everything's Coming Up Rosemount!! 55068 -4997 Phone 651423-4411 Hearing Impaired 651 423 -6219 Fax 651 423 -5203 Planning Commission Regular Meeting Minutes January 25, 2000 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, January 25, 2000. Chairperson Bill Droste called the meeting to order at 6:35 p.m. with members Jay Tentinger, Kim Shoe Corrigan, and Jeffery Weisensel present. Also in attendance was City Planner Rick Pearson. There were no additions or corrections to the agenda. MOTION by Weisensel to approve the January 11, 2000 Regular Planning Commission Meeting Minutes. Seconded by Droste. Ayes: Tentinger, Droste, Shoe Corrigan, and Weisensel. Nays: 0. Motion carried. Department Announcements IIII Commissioners noted the City Council meeting on January 18, 2000, and discussed issues related to Solberg Aggregate and Linder's Flower Mart. The process for commission appointments was also discussed. New Business: Biscayne Pointe Third Addition Final Plat Mr. Pearson presented the final plat application by Heritage Development for the final phase of Biscayne Pointe. A change was made from the approved preliminary plat moving the northerly street connection further east. This change was to provide access to the site north of the development purchased by the developer. After meeting with staff, the developer agreed to either shift the street back to the approved location or to align it with the property lines to the north. The developer is proceeding to revise the plans. MOTION by Droste to table action regarding the final plat for more detailed study of the revised street connections. Seconded by Weisensel. Ayes: Droste, Shoe Corrigan, Weisensel, and Tentinger. Nays: 0. Motion carried. Public Hearing: Technical Erectors, Inc. Replat of Hollenback Nelson, Inc. First Addition Chairperson Droste opened the public hearing on the application by Technical Erectors, Inc. for the combination of Lots 5 -8, Hollenback Nelson, Inc. First 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. Planning Commission Regular Meeting Minutes January 25, 2000 Page 2 Mr. Pearson presented the application by Technical Erectors, Inc. to combine four platted lots in the Hollenback Nelson Addition, located east of Hwy. 55 on Doyle Path. Mr. Pearson reviewed the topography of the area. Information on the proposed replat has been forwarded to MnDOT and the Dept. of Natural Resources for review and comment. Existing drainage utility easements will have to be vacated. Variances may be required for development of this site. Chris Psihos of Technical Erectors, Inc. was present at the meeting. Mr. Psihos explained the intent for this site. Chairperson Droste opened the public hearing. There were no comments. MOTION by Droste to close the public hearing. Seconded by Tentinger. Ayes: Shoe Corrigan, Weisensel, Tentinger, and Droste. Nays: 0. Motion carried. Chairperson Droste informed the applicant that approval of the replat does not guarantee approval of any required variances requested in the future. MOTION by Tentinger to recommend that the City Council approve the lot combination of lots 5, 6, 7, and 8, Hollenback and Nelson, Inc. First Addition, subject to: 1) Vacation of interior drainage and utility easement by City Council; 2) Incorporation of comments by the Minn. Department of Transportation concerning STH 55 right -of -way; and 3) Incorporation of recommendation (if any) regarding easements or right -of -way by the City's Engineering Consultant. Seconded by Shoe Corrigan. Ayes: Weisensel, Tentinger, Droste, and Shoe Corrigan. Nays: 0. Motion carried. There being no further business to come before this Commission, upon MOTION by Droste and upon unanimous decision, the meeting was adjourned at 7:30 p.m. Respectfully submitted. 11 10 Dianne G. Quinnell Recording Secretary CITY OF ROSEMOUNT 2875 C 1 45 t h SSteetWest 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 February 22, 2000 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, February 22, 2000. Chairperson Bill Droste called the meeting to order at 6:35 p.m. with members Jay Tentinger and Kim Shoe Corrigan present. Commissioner Jeffery Weisensel was absent. Also in attendance was City Planner Rick Pearson. There were no additions or corrections to the agenda. MOTION by Tentinger to approve the February 8, 2000 Regular Planning Commission Meeting Minutes. Seconded by Shoe Corrigan. Ayes: Tentinger, Droste and Shoe Corrigan. Nays: 0. Motion carried. Department Announcements Commissioners discussed matters addressed by the City Council on February 15, 2000. Y Y �'Y Old Business: Biscayne Pointe Third Addition Final Plat Mr. Pearson presented the final plat for the final phase of Biscayne Pointe, consisting of 48 lots. Staff recommends adjustments to the plat, which would eliminate the four variances and shift the northerly street connection to the west to align the centerline with the northerly property line. MOTION by Droste to recommend that the City Council approve the final plat for Biscayne Pointe Third Addition subject to: 1) Plat revisions to eliminate the four identified variances; 2) Shifting the alignment of Birchwood Avenue approximately 20 feet west; 3) Incorporation of engineering recommendations relative to easements, grading and public infrastructure including: a) 30' drainage and utility easement between Lots 7 and 8, Block 1; Lots 6 and 7, Block 2 (storm sewer); b) 30'drainage and utility easement along northern boundary for surface drainage; c) 30' drainage and utility easement between Lots 14 and 15, Block 2 (water main); 4) Execution of a subdivision agreement to secure public improvements, infrastructure, landscaping and park dedication. Seconded by Tentinger. Ayes: Droste, Shoe Corrigan and Tentinger. Nays: 0. Motion carried. Planning Commission Regular Meeting Minutes February 22, 2000 Page 2 New Business: Business Park Second Addition Final Plat Mr. Pearson presented the final plat for Rosemount Business Park Second Addition, highlighting the lots that are being created. A site will be created for a new company interested in building a 70,000 sq.ft building west of Cannon. The final plat extends the Bounder Avenue right -of -way, combines the Geometrix lots, creates three additional lots, and identifies the pipeline easement. MOTION by Tentinger to recommend that the City Council approve the final plat for the Rosemount Business Park subject to comments by the Dakota County Highway Department. Seconded by Droste. Ayes: Shoe Corrigan, 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 7:00 p.m. Respectfully submitted. C D LLJ Dianne G. Quinnell Recording Secretary .-1• CITY OF F RO S E M O U N T 2875 CITY HALL 145th Street West Rosemount, MN 55068-4997 Everything's Coming Up Rosemount!! f e Phone: 651- 423 -4411 Hearing Impaired 651 -423 -6219 Fax: 651-423-5203 Planning Commission Regular Meeting Minutes February 8, 2000 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, February 8, 2000. Vice Chairperson Jay Tentinger called the meeting to order at 6:42 p.m. with members Kim Shoe Corrigan and Jeffery Weisensel present. Also in attendance was City Planner Rick Pearson and City Administrator Tom Burt. There were no additions or corrections to the agenda. MOTION by Shoe Corrigan to approve the January 25, 2000 Regular Planning Commission Meeting Minutes. Seconded by Weisensel. Ayes: Tentinger, Shoe Corrigan, and Weisensel. Nays: 0. 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 6:44 p.m. The meeting was followed by an Open House on the Kelley Trust Development Alternative Urban Areawide Review. Respectfully submitted. r Dianne G. Quinnell Recording Secretary er %111 CITY HALL CITY OF ROSEMOUNT 2875 145th Street 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 March 14, 2000 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, March 14, 2000. Chairperson Bill Droste called the meeting to order at 6:35 p.m. with members Jay Tentinger, Kim Shoe Corrigan and Jeffery Weisensel present. Also in attendance were Councilmember Sheila Klassen and City Planner Rick Pearson. Mr. Pearson indicated additional items would be added to Department Announcements. There were no other additions or corrections to the agenda. MOTION by Tentinger to approve the February 22, 2000 Regular Planning Commission Meeting Minutes. Seconded by Droste. Ayes: Tentinger, Droste and Shoe Corrigan. Present: Weisensel. Nays: 0. Motion carried. Department Announcements Discussion on Modified By -Laws. Councilmember Klassen explained her appointment by the City Council to attend future Planning Commission meetings. The council appointed one council member to each commission. The purpose of this attendance is to provide council insight and a broader perspective on issues. Attendance by councilmembers at commission meetings will improve communication between the commissions. Commissioner Tentinger noted his concern that open discussions may be restricted. He expressed his reservation that the commissions will continue to fulfill their functions in giving recommendations for the benefit of the public. Commissioner Shoe Corrigan indicated she holds the same concerns as Commissioner Tentinger. She is concerned that decisions could be compromised, which may result in negative feedback from the public that commissioners are not making independent decisions. The commissioners agreed that it would be beneficial to be advised of the broad policy statement of the City Council on various issues. Joint Workshop. Mr. Pearson announced there will be a joint workshop for the City Council and Planning Commission on the Kelley Trust Development next week. Planning Commission Regular Meeting Minutes March 14, 2000 Page 2 Public Hearings. The newspaper did not publish the public hearing notices for the two public hearings on tonight's agenda. These public hearings will be continued to the March 28 meeting and will begin at 6:00 p.m. Chairperson Droste recessed the meeting at 6:55 p.m. The meeting reconvened at 7:00 p.m. Chairperson Droste recessed the regular Planning Commission meeting and opened the Board of Appeals Adjustments. Public Hearing: JAC Company Variance Request Chairperson Droste opened the public hearing on the application by JAC Company (Genz Ryan) for a variance to construct a fence along the perimeter of the former Extreme Motor Sports property. The recording secretary has placed the Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson explained the variance is for a 6 -foot high chain link fence w/barbed wire on top. Zoning regulations prohibit the barbed wire and restrict fence heights to 42" in front yards. John Ryan made a presentation supporting the request for a variance. Mr. Ryan provided a site map showing existing fencing and the proposed new fencing. Barbed wire will not be used, and the requested variance is for the fence height only. A hardship is created by the existing easement for boulevard, not found on other properties along Hwy. 3. The fence is necessary for security purposes and to separate the property from the neighboring property to the south. Mr. Pearson explained the existing fence is non conforming, which does not legitimize the new fencing. Staff does not see evidence of hardship to support a variance. If the variance is granted, Mr. Pearson requested a condition that existing fencing between Ryan's properties be removed, allowing internal traffic flow between the properties and eliminating one access to Hwy. 3. Councilmember Klassen noted City Council's plan for revitalization of the downtown area. Commissioners discussed the possibility of combining the lots and the conflict of zoning designations of C -2 for the northern property and C -4 for the southern property. Chairperson Droste opened the public hearing. There were no further comments. S MOTION by Tentinger to continue the public hearing to accommodate publication of the Pubic Hearing Notice to March 28, 2000, at 6:00 p.m. Seconded by Droste. Ayes: Droste, Shoe Corrigan, Weisensel, and Tentinger. Nays: 0. Motion carried. Planning Commission Regular Meeting Minutes March 14, 2000 Page 3 Chairperson Droste adjourned the Board of Appeals Adjustment and reconvened the regular Planning Commission meeting. Public Hearing: Basic Builders Comprehensive Guide Plan Amendment, Rezoning and PUD Concept Chairperson Droste opened the public hearing on the application by Basic Builders for a Comprehensive Guide Plan Amendment, Rezoning and PUD Concept for a 36 lot single family development. The recording secretary has placed the Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson provided a brief overview of the application by Basic Builders. This application is for 36 single family homes on property located west of Biscayne Avenue and north of the National Guard maintenance facility. Because the property is guided for Public/Institutional use, the comprehensive plan needs to be amended to Urban Residential before the property can be rezoned to R -1, Low Density Residential. Councilmember Klassen noted the City Council might be sensitive to changing the comprehensive plan. MOTION by Droste to open the public hearings for the Comprehensive Plan Amendment, Rezoning and PUD Concept requested by Basic Builders and continue until 6:00 p.m., Tuesday, March 28, 2000. Seconded by Tentinger. Ayes: Shoe Corrigan, Weisensel, 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 8:20 p.m. Respectfully submitted. 410 val 41.110 e VII Dianne G. Quinnell Recording Secretary 40 `y CITY O F RO S E M O U N T 2875 C 1 4 5 t h {SSt Street West S 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 March 28, 2000 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, March 28, 2000. Chairperson Bill Droste called the meeting to order at 6:07 p.m. with members Jay Tentinger, Kim Shoe Corrigan and Jeffery Weisensel present. Also in attendance were Councilmember Sheila Klassen, City Planner Rick Pearson, Water Resource Coordinator Alyson Morris, Acting City Engineer Bret Weiss, and Parks Recreation Director Dan Schultz. There were no additions or corrections to the agenda. MOTION by Droste to approve the March 14, 2000 Regular Planning Commission Meeting Minutes. Seconded by Weisensel. Ayes: Tentinger, Droste, Shoe Corrigan and Weisensel. Nays: 0. Motion carried. Ill Chairperson Droste recessed the regular Planning Commission meeting and opened the Board of Appeals Adjustments. Public Hearing: JAC Company Variance Request Chairperson Droste opened the public hearing on the application by JAC Company (Genz Ryan) for a variance to fence height requirements concerning a fence along the perimeter of the former Extreme Motor Sports property. This public hearing is continued from March 14, 2000. The recording secretary has placed the Affidavit of Publication, Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. John Ryan was present to answer questions. Discussions continued addressing issues related to the variance request. Chairperson Droste noted the existing property is completely fenced and no vandalism has been reported. Additionally, there is lighting on the site, a 24 -hour business directly across the street, and high visibility, which are all adverse to the applicant's claim of safety and hardship issues. Outside storage is not allowed in the downtown commercial district, however, there is an excessive amount of storage on the site, including approximately 30 vehicles, trash, and a junked automobile. Commissioner Shoe Corrigan confirmed that Genz -Ryan has been located at this site since January 2, 1950. Since that time, city standards have changed. She indicated her support of the Downtown Scoping Committee, however, because this area is not a priority in the redevelopment stages, she feels it is important to support this long- standing business. Chairperson Droste opened the pubic hearing. There were no comments. Planning Commission Regular Meeting Minutes March 28, 2000 Page 2 MOTION by Tentinger to close the public hearing. Seconded by Shoe Corrigan. Ayes: Droste, Shoe Corrigan, Weisensel, and Tentinger. Nays: 0. Motion carried. MOTION by Droste to deny the variance to fence height regulations because of the inability to apply the findings required for variances specified in Section 14.2G of the Zoning Ordinance. Seconded by Tentinger. Ayes: Weisensel and Droste. Nays: Shoe Corrigan and Tentinger. Motion failed. Discussion continued. Commissioners clarified with Mr. Ryan his intent to remove the existing fence separating the two properties. Mr. Ryan indicated the second access to Hwy. 3 will not be closed. Commissioner Tentinger recommended a gate at the second driveway access. MOTION by Shoe Corrigan to grant the variance to fence height regulations, subject to 1) removal of the non conforming barbed wire; 2) installation of a gate at one entrance; 3) removal of the existing fence separating the two properties; and 4) consolidation of driveway access. Seconded by Tentinger. Ayes: Tentinger, Droste, and Shoe Corrigan. Nay: Weisensel. Motion carried. Chairperson Droste adjourned the Board of Appeals Adjustments and reconvened the regular Planning Commission meeting. Public Hearing: Basic Builders- Comprehensive Guide Plan Amendment, Rezoning and PUD Concept Chairperson Droste opened the public hearing on the application by Basic Builders for a Comprehensive Guide Plan Amendment, Rezoning and PUD Concept for a 36 lot single family development. This public hearing is continued from March 14, 2000. The recording secretary has placed the Affidavit of Publication, Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson presented the proposal for a residential development on 17%2 acres located west of Biscayne Ave., north of the National Guard maintenance facility, and east of Rosemount Woods. Because this property is guided Public /Institutional, the land use designation needs to be changed to Urban Residential. Additionally, the property would have to be rezoned from Agriculture to R -1 Low Density Residential. The Concept PUD is for 36 single family lots. One issue identified pertains to the availability of services, which would be addressed by the city council at a later date. Commissioners reviewed setback requirements from the railroad tracks. The history of this site was also discussed, which included a zoning change from Urban Residential to Public /Institutional to accommodate another proposal that didn't occur. Chairperson Droste opened the floor to the applicant. Reid Hanson appeared on behalf of the applicant. Mr. Hansen provided additional background history on the property and placed of record the following attachments: #1- Letter to Planning Commission, dated Planning Commission Regular Meeting Minutes March 28, 2000 Page 3 September 10, 1999; #2- Letter to City Council, dated March 10, 1999; #3 -Memo from City to Property Owners, dated September 9, 1987; #4- Executive Summary to Planning Commission, dated December 22, 1998; #5- Executive Summaries to City Council, dated January 19, 1999. Mr. Hansen indicated the concern for services to this area was never brought up in past discussions. Chairperson Droste opened the public hearing. There were no comments. MOTION by Droste to close the public hearing. Seconded by Tentinger. Ayes: Tentinger, Droste, Shoe Corrigan, and Weisensel. Nays: 0. Motion carried. Commissioners felt a single family development on this site would blend in with surrounding properties and that rezoning to Urban Residential was appropriate. Councilmember Klassen indicated the City Council would be reluctant to change the Comprehensive Plan. MOTION by Tentinger to recommend that the City Council amend the 2020 Rosemount Comprehensive Plan to redesignate the property from Public /Institutional to Urban Residential. Seconded by Droste. Ayes: Droste and Tentinger. Nays: Shoe Corrigan and Weisensel. Motion failed. MOTION by Tentinger to recommend that the City Council rezone the land to R -1, Low Density Residential from Agriculture (AG). Seconded by Droste. Ayes: Tentinger and Droste. Nays: Shoe Corrigan and Weisensel. Motion failed. MOTION by Tentinger to recommend that the City Council approve a modified concept residential PUD subject to: a) availability of urban services; b) elimination of all variances; and c) elimination of one street connection to Biscayne Avenue. Seconded by Droste. Ayes: Tentinger and Droste. Nays: Shoe Corrigan and Weisensel. Motion failed. Chairperson Droste recessed the meeting at 7:05 for 10 minutes. Public Hearing: Evermoor (Kelley Trust) Preliminary Plat /PUD Development Plan, Rezonings Chairperson Droste opened the public hearing on the application by Contractor Property Developers Company (CPDC) for the Preliminary Plat for Evermoor (Kelley Trust development). The recording secretary has placed the Affidavit of Publication, Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Chairperson Droste opened the floor to the Applicant. Craig Rapp appeared on behalf of CPDC. He introduced Dwight Jelle, Project Manager/Engineer. Planning Commission Regular Meeting Minutes March 28, 2000 Page 4 Mr. Jelle addressed issues related to transition with existing neighborhoods, matching existing lot sizes, buffering and trails, greenspace transition from wooded areas, parks and open space. Mr. Jelle entered of record attachment #6 entitled Project Summary. He indicated public improvements financed by the developer include $350,000 in park improvements and $400,000 in trail improvements. He identified public parks and private open spaces. He explained the challenges in designing roadways and preserving wetlands and indicated the wetland impact is under 4 Terry Metula with D.R. Horton described plans for the active adult housing. Chairperson Droste opened the floor to the public. Pamela Carlson, 4483 Upper 135 St. W., expressed concerns about public access to Birger Pond, buffering, the loss of the scenic view north of Birger Pond where the estate homes are planned, the use of retaining walls, and sufficient open space corridor for wildlife. Mr. Jelle pointed out public parking in the Birger Pond area, reviewed wetland buffers, and explained grading plans and tree preservation. Ed Hasek, Landscape Architect for CPDC, further explained the natural systems, showing what areas are being preserved and dedicated green space. Trees and shrubbery conducive to wildlife will be preserved. Sherri Buss, Landscape Architect with Bonestroo, Rosene, Anderlik Associates also addressed the wildlife corridor issue, indicating enhanced plantings will help wildlife move from one area to another. Dennis Randall, 14034 Clover Lane, does not feel the plan protects the natural resources and open space. He encouraged cluster housing and higher density. Michael Mardell, 12918 Denmark Ave., Apple Valley, inquired about buffers along the northern edge, tree preservation, the wildlife corridor, and emergency services to his area. Mr. Pearson responded that Rosemount fire and emergency vehicles would service this area. Discussions continued on the buffers and building setbacks. Mr. Jelle indicated that buffers in the Apple Valley section would be discussed further at the Apple Valley meeting. Mr. Hasek responded to questions concerning tree replacement, describing the proposed plantings and explaining which trees would be saved. Mr. Rapp and Mr. Tompkins addressed issues regarding density transfer, clustering, and preservation of natural resources and steep slopes. Planning Commission Regular Meeting Minutes March 28, 2000 Page 5 Sarah Trachet, 4635 129 Street West, Apple Valley, wants larger lots in the northern, transition area. She asked what the actual density is after excluding Birger Pond and the protected wetlands, and expressed concern with outside storage of recreational vehicles, along with traffic on Diamond Path. Ms. Trachet presented a letter, which was entered as Attachment #7. Mr. Jelle responded to density questions, indicating net density is 2.1 units per acre. Bret Weiss addressed Diamond Path concerns. Tom Gurney, 13800 Shannon Parkway, expressed concerns about the speed limit on Shannon Parkway and the control of construction traffic. Mr. Weiss explained speed limit standards and indicated the City and developer will be meeting to address street issues and restrictions on construction traffic. Chairperson Droste opened the floor to the Commissioners. Commissioner Weisensel inquired about the developer's plans for high voltage wires. Additionally, he pointed out the roadway that intrudes into a wetland and asked whether anything is being done to address free flow. Mr. Jelle responded they are talking to NSP about the overhead wires and that the preliminary plans provide for a concrete culvert, approximately 24" in size. Commissioner Shoe Corrigan inquired about the wetland application process and any impact to adjacent wetlands. Alyson Morris explained the wetland application process allows a 30 -day comment period, followed by the appeal process. She further indicated that no issues have been identified with adjacent wetlands. Phasing of the development was discussed. The developer expects a 10 -year timeframe for completion of the project. MOTION by Tentinger to continue the public hearing until April 11, 2000. Seconded by Droste. Ayes: Tentinger, Droste, Shoe Corrigan, and Weisensel. Nays: 0. Motion carried. Chairperson Droste recessed the meeting for ten minutes at 8:50 p.m. Chairperson Droste recessed the regular Planning Commission meeting and opened the Board of Appeals Adjustments. Public Hearing: Jeffery Johnson Variance Chairperson Droste opened the public hearing on the application by Jeffery Johnson for a variance to setbacks for an accessory structure. The recording secretary has placed the Affidavit of Publication, Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Planning Commission Regular Meeting Minutes March 28, 2000 Page 6 Mr. Pearson indicated Mr. Johnson requested the public hearing be continued to allow him an opportunity to gather additional information. MOTION by Droste to continue the public hearing until 7:00 p.m., April 11, 2000, to allow the Petitioner to provide additional information. Seconded by Shoe Corrigan. Ayes: Droste, Shoe Corrigan, Weisensel, and Tentinger. Nays: 0. Motion carried. Chairperson Droste closed the Board of Appeals Adjustments and reconvened the regular Planning Commission meeting. Public Hearing: Danner, Inc. Mineral Extraction Permit Renewal Chairperson Droste opened the public hearing on the application by Danner, Inc. for renewal of a Mineral Extraction Permit. The recording secretary has placed the Affidavit of Publication, Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson presented the application by Danner, Inc. for renewal of its mining permit. No changes are proposed for the current permit. The permit conditions are consistent with other mineral extraction permits in the city. Discussions continued concerning truck activity. No complaints have been received concerning this mining operation. Chairperson Droste opened the floor to the applicant. A representative from Danner, Inc. described the mining activity and confirmed the amount of materials removed. Chairperson Droste opened the public hearing. There were no comments. MOTION by Droste 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 approve the renewal of the mineral extraction permit for Danner, Inc., subject to the attached draft conditions of operation for 2000. Seconded by Droste. Ayes: Weisensel, Tentinger, Droste, and Shoe Corrigan. Nays: 0. Motion carried. Public Hearing: Henry Fox Agricultural Lot Split Variance Chairperson Droste opened the public hearing on the application by Henry Fox for an Agricultural Lot Split and Variance to lot area and sideyard setbacks. The recording secretary has placed the Affidavit of Publication, Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson explained that Mr. Fox was instructed to arrive at the meeting at approximately 10:00 due to the anticipated length of the Kelley Trust public hearing. Planning Commission Regular Meeting Minutes March 28, 2000 Page 7 While Mr. Fox was not yet present at the meeting, Mr. Pearson proceeded to summarize Mr. Fox's application to divide his family farm into three separate parcels, consisting of Parcel A -35.8 acres, Parcel B -4.47 acres, and 120 acres remaining. The property is presently in the Agriculture Preserve District. While Parcel A is less than the 40 -acre minimum lot size required in AG Preserve, state statute allows reduced acreage as long as two sides of the parcel consist of land eligible for the program. Additionally, an existing garage is 12.9 feet from the proposed property line, requiring a variance to sideyard setbacks. Because Parcel B would no longer qualify for AG- Preserve, this parcel must be rezoned to Agriculture. Commissioners discussed an additional deed restriction to Parcel B limiting it to one dwelling unit. Discussions continued concerning the garage variance and the importance of applying the standards. Chairperson Droste recessed the meeting at 9:35 until Mr. Fox arrived. The meeting reconvened at 9:45. Mr. Fox was updated on the Planning Commission discussions. Mr. Pearson advised Mr. Fox that denial of the variance for garage setbacks would legitimize its non conforming use, but it would prohibit its replacement if damaged beyond 50 Chairperson Droste opened the public hearing. There were no comments. MOTION by Droste to close the public hearing. Seconded by Tentinger. Ayes: Tentinger, Droste, Shoe Corrigan, and Weisensel. Nays: 0. Motion carried. MOTION by Droste to grant a 4.2 acres variance to Agriculture Preserve minimum lot area standards for the Fox farm at 15391 Emery Avenue based upon the exception specified by State Statutes 473H.03 Subd. 4. Seconded by Tentinger. Ayes: Droste, Shoe Corrigan, Weisensel, and Tentinger. Nays: 0. Motion carried. MOTION by Droste to deny a 17.1 sideyard setback variance for the existing garage at 15391 Emery Ave. Seconded by Tentinger. Ayes: Shoe Corrigan, Weisensel, Tentinger, and Droste. Nays: 0. Motion carried. MOTION by Droste to recommend that the City Council approve the agricultural lot divisions for the Fox property at 15391 Emery Ave. subject to: 1) Rezoning Parcel B to Agriculture; 2) Payment of one unit of Park dedication; 3) Recording a deed restriction with Parcel A to prohibit additional dwelling units; 4) Recording a deed restriction with Parcel B to prohibit additional dwelling units; and 5) Recording a deed restriction with the remnant 120 acre parcel to allow no more than two future dwelling units. Seconded by Tentinger. Ayes: Weisensel, Tentinger, Droste, and Shoe Corrigan. Nays: 0. Motion carried. Planning Commission Regular Meeting Minutes March 28, 2000 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 9:55 p.m. Respectfully submitted. 4. Dianne G. Quinnell Recording Secretary CITY OF ROSEMOUNT 2 ;TM t "�ee tWest Rosemount, MN 55068 -4997 Everything's Coming Up Rosemount!! Phone: 651-423-4411 Hearing Impaired 651 423 -6219 Fax: 651 423 -5203 Planning Commission Regular Meeting Minutes April 11, 2000 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, April 11, 2000. Chairperson Bill Droste called the meeting to order at 6:35 p.m. with members Jay Tentinger and Kim Shoe Corrigan present. Commissioner Jeffery Weisensel arrived at 6:40 p.m. Also in attendance were City Planner Rick Pearson, Water Resource Coordinator Alyson Morris, Acting City Engineer Bret Weiss, Parks Recreation Director Dan Schultz, and Councilmember Sheila Klassen. There were no additions or corrections to the agenda. MOTION by Tentinger to approve the March 28, 2000 Regular Planning Commission Meeting Minutes. Seconded by Shoe Corrigan. Ayes: Tentinger, Droste and Shoe- Corrigan. Nays: 0. Motion carried. New Business: TIF District Resolution Mr. Pearson presented for adoption a resolution confirming that the tax increment financing plan for the Rosemount Business Park conforms to the general plans for development of the city. Adoption of this resolution will allow for public improvements and infrastructure for Phase 2 in the Business Park. Commissioner Tentinger confirmed this action would have no impact on taxes for local businesses or citizens. MOTION by Shoe Corrigan to adopt the Resolution of the Rosemount Planning Commission Finding that the Modified Tax Increment Financing District Conforms to the General Plans for the Development and Redevelopment of the City. Seconded by Droste. Ayes: Droste, Shoe Corrigan, Weisensel, and Tentinger. Nays: 0. Motion carried. Chairperson Droste recessed the meeting at 6:50 p.m. Planning Commission Regular Meeting Minutes April 11, 2000 Page 2 Public Hearing: Evermoor (Kelley Trust) Preliminary Plat /PUD Development Plan, Rezonings (Cont'd. from 3- 28 -00) Chairperson Droste opened the public hearing on the application by Contractor Property Developers Company (CPDC) for the Preliminary Plat for Evermoor (Kelley Trust development). This public hearing is continued from March 28, 2000. Councilmember Klassen announced a City Council worksession scheduled for Wednesday, April 12, 2000, at 6:30 p.m., to discuss issues related to the Kelley Trust development. Chairperson Droste opened the floor to the Applicant. Homer Tompkins and consultants for CPDC were present to respond to questions. Mr. Pearson presented a summary of staff's recommendations for the preliminary plat. He indicated that the wetlands would go through a separate review process. Examples of wetland mitigation were given. Mr. Pearson explained the developer has reduced the level of impact to the high quality wetlands by modifying the street design, preserving ponds, adding graded wetland areas, and constructing retaining walls. Unresolved issues include street widths, trail maintenance, and public vs. private open spaces. The developer does not agree with 36' street widths for Street A in the area with direct driveway access. Commissioner Weisensel inquired about the impact on wetlands. Alyson Morris responded there is a total of approximately 32 acres of wetlands, 1.1 acre of which has been impacted. Mr. Jelle with CPDC clarified the total acres include wetlands and stormwater ponding. Discussions continued concerning rear yard setbacks, density east of Shannon Parkway, housing percentages, and the cost of maintaining open space. In response to questions concerning parks on the east side, Dan Schultz indicated the Parks Recreation Committee recommended those parks be private. He suggested the city pursue an underpass on Connemara Trail. Chairperson Droste suggested clear language in the PUD requiring paved paths along both sides of the collector streets, including Shannon Parkway, Connemara, and Street A. Bret Weiss addressed issues of trail maintenance, recommending the city maintain the trails on collector streets and that the homeowner associations be responsible for mowing and tree maintenance along the trails. Mr. Weiss also addressed concerns about the 36' wide streets. Chairperson Droste feels the wide streets take away from the charm of the neighborhood. Mr. Weiss noted Planning Commission Regular Meeting Minutes April 11, 2000 Page 3 problems that would result if Street A were less than the recommended 36' in the area where houses front the street. He further recommended no parking on Street A. Mr. Tompkins named various builders for this development. He explained an Architectural Advisory Committee would be assembled to review all building plans. All building permits must obtain committee approval prior to issuance. Mr. Tompkins also described plans for fiber optics and communication systems. Chairperson Droste opened the floor to the public. Chairperson Droste entered into the record a letter, dated March 26, 2000, from Richard and Meryl Eastwood. Katie Corrigan, 12990 Shannon Parkway, presented a Petition signed by students saying they care about the land and want to save the views. The Petition was entered into the Clerk's record. Commissioner Shoe Corrigan summarized her concerns about the development, including speed safety concerns on Connemara, Shannon Parkway, and Street A. Also of concern is the transition area between the senior housing and R -1 housing on Shannon Parkway, together with the northern area on the east side between houses on 131 Street and the R -1 housing. She feels a 50' setback between different housing types is more appropriate for transition. The paved trail between 131 Street and the R -1 housing should be replaced with a mowed trail that could be used for cross country skiing. She would like to see language in the PUD addressing setbacks, sheds, and outside storage, along with height restrictions on the Estate Homes. She prefers to see the high point vista preserved and landscaping along Street A to create a corridor. Mr. Jelle indicated they would address the spacing on 131 street, trails, and setback concerns. Mr. Pearson indicated the Estate Homes are of tremendous value, and that landscaping, buffering and setbacks will mitigate the multi -level homes. He explained that height restrictions could not be mandated. Density in the Estate Homes area is consistent with the concept plan. MOTION by Droste to close the public hearing. Seconded by Tentinger. Ayes: Shoe Corrigan, Weisensel, Tentinger, and Droste. Nays: 0. Motion carried. Commissioner Weisensel expressed his concern that 63% of the wetlands have been impacted. He feels the developer did not meet expectations. Alyson Morris explained a more accurate representation is the percentage of impact based on acreage. A further breakdown of impacts to the wetlands will be provided to the Planning Commission. Commissioners noted remaining issues and the importance of clearly stating expectations in the PUD. Planning Commission Regular Meeting Minutes April 11, 2000 Page 4 MOTION by Droste to table action until April 25, 2000, to allow staff an opportunity to provide additional detail regarding the PUD agreement. Seconded by Shoe Corrigan. Ayes: Weisensel, Tentinger, Droste, and Shoe Corrigan. Nays: 0. Motion carried. Chairperson Droste recessed the meeting at 9:15 p.m. for 5 minutes. Chairperson Droste recessed the regular Planning Commission meeting and opened the Board of Appeals Adjustments. Public Hearing: Jeffery Johnson Variance for Accessory Structure (Cont'd. from 3- 28 -00) Chairperson Droste opened the public hearing on the application by Jeffery Johnson for a variance to setbacks for an accessory structure. This public hearing is continued from March 28, 2000. Jeffery Johnson explained the limitations for building sites on his property due to steep slopes and trees. He is requesting a variance to place a garage in the northeast corner of his property, five feet from the north and east property lines. The required setback is 30 feet. Mr. Pearson noted that steep slopes are characteristic of the entire site. He suggested an alternative location in the front yard, which would require a lesser variance. Mr. Pearson was unable to support the requested variance for the northeast corner. Chairperson Droste opened the Public Hearing. Sharon Johnson, 12445 Chinchilla Court, is a neighbor and expressed her strong opposition to placement of the garage in the front yard. This would be in direct view of her house and would decrease her property value. If the garage were placed in the northeast corner, it would be out of sight. Discussions continued concerning alternate locations, including a site closer to the house. Mr. Johnson responded this site was initially preferred but, because of the severity of the slope, it required extensive grading backfill and also involved the removal of 4 oak trees. This site would be more visible to homes across the pond, and he would be unable to back equipment into the garage at this location. Mr. Johnson explained the location in the northeast corner would allow the garage to be cut into the side of a hill, resulting in less visible concrete. MOTION by Droste to close the public hearing. Seconded by Tentinger. Ayes: Tentinger, Droste, Shoe Corrigan, and Weisensel. Nays: 0. Motion carried. Commissioner Tentinger felt the variance in the northeast corner was too much, but would be willing to grant a lesser variance for the site closer to the house. Planning Commission Regular Meeting Minutes April 11, 2000 Page 5 Commissioner Weisensel indicated his preference for the northeast corner location. The site next to the house would require the removal of trees. He felt that there are sufficient extraordinary circumstances to warrant the variance requested by Mr. Johnson. Commissioner Shoe Corrigan felt the variance in the northeast corner is too severe and would not support it. MOTION by Shoe Corrigan to deny the variance request on the basis that ordinance consistent alternatives are available. Seconded by Droste. Ayes: Droste and Shoe Corrigan. Nays: Weisensel and Tentinger. Motion failed. Commissioner Tentinger inquired whether the applicant would consider alternate locations, which may require a lesser variance. Mr. Johnson explained the rationale for the northeast corner. MOTION by Tentinger to deny the variance request on the basis that ordinance consistent alternatives are available. Seconded by Shoe Corrigan. Ayes: Shoe Corrigan, Tentinger, and Droste. Nays: Weisensel. Motion passed. Public Hearing: Sullivan Variance Lot Split /Combination Chairperson Droste opened the public hearing on the application by Michael and Elizabeth Sullivan for a variance to lot frontage requirements and associated lot splits and combinations. The recording secretary has placed the Affidavit of Publication, Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Michael Sullivan indicated he has gained ownership of strips of land from adjoining property owners for driveway access and to resolve the issue of a landlocked parcel. Mr. Sullivan traded a corresponding strip of land to the Bliss family. Mr. Pearson explained the actions necessary to accomplish the lot split /combination and the need for a variance to lot frontage standards. Chairperson Droste opened the public hearing. There were no comments. MOTION by Droste to close the public hearing. Seconded by Weisensel. Ayes: Weisensel, Tentinger, Droste, and Shoe Corrigan. Nays: 0. Motion carried. MOTION by Shoe Corrigan to grant the variance to lot frontage standards for the Sullivan property. Seconded by Tentinger. Ayes: Tentinger, Droste, Shoe Corrigan, and Weisensel. Nays: 0. Motion carried. Chairperson Droste closed the Board of Appeals Adjustments and reconvened the regular Planning Commission meeting. Planning Commission Regular Meeting Minutes April 11, 2000 Page 6 MOTION by Shoe Corrigan to recommend that the City Council approve the series of lot splits and combinations to create access for the Sullivan property in cooperation with the Bliss and Vraa families. Seconded by Weisensel. Ayes: Droste, Shoe Corrigan, Weisensel, and Tentinger. Nays: 0. Motion carried. Public Hearing: Rosemount Auto /Business Center Concept PUD Zoning Text Amendment Chairperson Droste opened the public hearing on the application by Keith Gill for a Concept PUD and Zoning Text Amendment concerning a building for commercial and office uses. The recording secretary has placed the Affidavit of Publication, Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson presented the application by Keith Gill for a Concept PUD concerning a 3,558 sq.ft. building for commercial and office uses located on Carrousel Way, between the Vermillion State Bank and Matthew Daniels. The building will accommodate five separate office suites, automobile detailing, and automobile sales. Due to the multiple uses, a PUD is required. Mr. Pearson reviewed the site plan and addressed issues related to parking and greenspace. Because the zoning ordinance currently does not allow continuous outdoor storage, a zoning text amendment is necessary for the display of automobiles. Mr. Pearson requested additional language to the PUD conditions addressing the display of merchandise. Chairperson Droste entered of record a letter, dated April 11, 2000, from Dr. Glenn L. Detlefsen addressing the issue of the outdoor display of merchandise. Commissioners confirmed that automobile sales is a permitted use in the C -4 zoning district and obtained further clarification of the zoning regulations. The partners of Rosemount Auto were present at the meeting and described their business. A maximum of 20 cars would be on display and would be parked along the northerly property line. Screening would be done as recommended by the city. There would not be any semi traffic delivering the automobiles. Chairperson Droste opened the public hearing. There were no comments. MOTION by Droste to close the public hearing. Seconded by Tentinger. Ayes: Shoe Corrigan, Weisensel, Tentinger, and Droste. Nays: 0. Motion carried. Commissioners discussed concerns in addressing zoning text amendments because of prior city council direction. Commissioner Tentinger expressed his support for this business and hoped the inconsistency in the zoning ordinance could be resolved. MOTION by Droste to recommend that the City Council approve the concept PUD subject to: 1) elimination of all deficiencies or variances to C -4 and general zoning standards; 2) incorporation of all comments and recommendations from the Engineering Planning Commission 1 Regular Meeting Minutes April 11, 2000 Page 7 Public Works Departments relative to drainage, grading and utilities; 3) execution of a PUD agreement which secures the required improvements and defines the appropriate inventory quantity and location; 4) merchandise display in conformance with the existing standards or modification of the ordinance to allow outside storage; 5) increased landscaping and berming on both the north and west sides, strategically placed according to staff's recommendation. Seconded by Tentinger. Ayes: Weisensel, Tentinger, Droste, and Shoe Corrigan. Nays: 0. Motion carried. There being no further business to come before this Commission, upon MOTION by Droste and upon unanimous decision, the meeting was adjourned at 11:00 p.m. Respectfully submitted, (110 tc Dianne G. Quinnell Recording Secretary ,ee CITY OF RO S E M O U N T 2875 C 1 45 1 h �S A treet West Rosemount, MN Everything's Coming Up Rosemount!! -4997 Phone: 65155068-4997 6 651 51- 423 -4411 Hearing Impaired 651 423 -6219 Fax: 651 423 -5203 Planning Commission Regular Meeting Minutes April 25, 2000 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, April 25, 2000. Chairperson Bill Droste called the meeting to order at 6:35 p.m. with members Jay Tentinger, Kim Shoe Corrigan, and Jeffery Weisensel present. Also in attendance were City Planner Rick Pearson, Water Resource Coordinator Alyson Morris, Acting City Engineer Bret Weiss, and Councilmember Sheila Klassen. There were no additions or corrections to the agenda. Commissioner Shoe Corrigan requested changes to the statement by Katie Corrigan, in addition to Ms. Shoe- Corrigan's statements concerning transition setback and mowed trails. MOTION by Tentinger to approve the April 11, 2000 Regular Planning Commission Meeting Minutes, as amended. Seconded by Weisensel. Ayes: Tentinger, Droste, Shoe Corrigan and Weisensel. Nays: 0. Motion carried. Councilmember Klassen and Mr. Pearson summarized topics of discussion at the City Council worksession on April 12. Old Business: Kelley Trust Development Preliminary Plat (Cont'd. from 4- 11 -00) Mr. Pearson presented an overview of City Council direction to staff concerning the Kelley Trust preliminary plat. He reviewed the staff recommendation concerning public open spaces and privately owned open spaces. Areas which do not serve a public function are designated private open spaces. All open spaces are regulated by the Wetland Protection Ordinance. Trails and sidewalks are on both sides of Street A. Some trails were removed in the northeast corner of the development and replaced with buffer area. Staff recommends enhanced landscaping along the northern edge and between the active senior homes and homes along Shannon Parkway. Street issues were discussed. Commissioner Tentinger confirmed the definition of "face to- face" measurements for streets. The city will be responsible for trail linkages. Chairperson Droste suggested additional language clarifying that the public trails owned by the homeowners' associations will not only be maintained by the city, but will also be replaced by the city as needed. Trails that do not provide a citywide function will be maintained by the homeowners associations. The Parks Recreation Committee does not recommend mowed trails, indicating that additional maintenance is required and pointing out a mowed trail already exists in Carrolls Woods Park. A tunnel under Connemara Trail is recommended. Planning Commission Regular Meeting Minutes April 25, 2000 Page 2 Commissioners reviewed the housing element of the development. Commissioner Shoe Corrigan noted differences in setbacks for the Upplands and Drumcliffe Estate Homes. Following discussion, the developer agreed to change the rear yard setbacks for Drumcliffe to 50 -100 feet and the side yard setbacks for Drumcliffe to 10'(both), which is consistent with setbacks for the Upplands Estate Homes. Commissioner Shoe Corrigan indicated the 20' rear yard setback for the Heath Haven Classic Homes does not provide sufficient buffering for the rural residential area to the east. She requested stronger language supporting the AUAR recommendations for buffers and specific language defining "enhanced landscaping." The developer explained the setback combined with the buffer provides a 70 -foot setback. Clustering restraints were addressed and the proposed type of landscaping was reviewed. The existing tree line would remain. Following discussion, the developer agreed to a 30 -foot setback for the outer -edge lots in Heath Haven adjacent to the Rural Residential District. MOTION by Droste to recommend that the City Council approve the Evermoor preliminary plat/PUD development plan subject to execution of a PUD agreement that will secure the recommendations of the Engineering/Public Works, Parks Recreation, Planning, Police Fire Departments, together with the following recommendations: 1) 30 foot minimum setback for the outer -edge lots in Heath Haven adjacent to the Rural Residential District; 2) 50' -100' rear yard setback for the Drumcliffe (Estate Homes); and 3) 10' (both) side yard setback for Drumcliffe (Estate Homes). Seconded by Tentinger. Ayes: Droste, Shoe Corrigan, Weisensel, and Tentinger. Nays: 0. Motion carried. MOTION by Droste to recommend that the City Council rezone land consistent with applicable zoning districts. Seconded by Tentinger. Ayes: Shoe Corrigan, Weisensel, Tentinger, and Droste. Nays: 0. Motion carried. MOTION by Droste to recommend that the City Council approve a subdivision of the Evermoor property commensurate with the phasing plan subject to the execution of the PUD agreement. Seconded by Tentinger. Ayes: Weisensel, Tentinger, Droste, and Shoe Corrigan. Nays: 0. Motion carried. Public Hearing: Heritage Development Concept Residential PUD for Carrousel Plaza South Chairperson Droste opened the public hearing on the application by Heritage Development for a Concept Planned Unit Development. The recording secretary has placed the Affidavit of Publication, Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Tom Von Bische summarized the plans for a 38 -unit townhome development located north of Wachter's Lake, south of the movie theatre, and east of Chippendale Ave. Commissioner Tentinger confirmed the six unit buildings would not have flat backs, which give the appearance of barracks. Planning Commission Regular Meeting Minutes April 25, 2000 Page 3 Mr. Pearson explained the minimum standards for design apply. Concept approval for 36 units was previously granted for this site. Access issues were discussed. Chairperson Droste opened the public hearing. Dan Markes, 15420 Chokecherry Ave., asked whether the townhomes would be rental units. Mr. Von Bische presumed the units would be owner occupied. Dan Huntington, Lakeville, inquired about any future use of the lot located north of the development and the price range for the townhomes. Mr. Von Bische was not aware of any plans for the remaining lot. Townhomes are expected to start at $135,000. MOTION by Droste to close the public hearing. Seconded by Weisensel. Ayes: Tentinger, Droste, Shoe Corrigan, and Weisensel. Nays: 0. Motion carried. Discussions continued concerning building design, density, and buffering along the theatre property. MOTION by Tentinger to recommend that the City Council approve the Concept Residential PUD for Carrousel Plaza South subject to: 1) Rezoning the housing area to BP -4, Business Park; 2) Conformance with the balance of the PUD requirements including platting, the PUD development plan, and execution of a PUD and subdivision agreement to secure public and private improvements. Seconded by Droste. Ayes: Droste, Shoe Corrigan, Weisensel, and Tentinger. Nays: 0. Motion carried. Chairperson Droste recessed the regular Planning Commission meeting and convened the Board of Appeals Adjustments. Public Hearing: Associated Wood Products Variance Chairperson Droste opened the public hearing on the application by Associated Wood Products for a variance to maximum accessory structure height standards in the Business Park. The recording secretary has placed the Affidavit of Publication, Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson described the proposed development of a parcel in the Business Park, located in the southwest corner of CSAH 42 and Biscayne Ave. He summarized the site plan and indicated the site plan will go through an administrative review. Dust collection equipment and a silo, which are located on the south side of the building, are 50 feet in height, exceeding the maximum height of 40 feet for accessory structures in the Business Park. The Planning Commission must determine whether the dust collection equipment and silo are mechanical appurtenances or accessory structures. If mechanical appurtenances, a variance is not required. Planning Commission Regular Meeting Minutes April 25, 2000 Page 4 Chairperson Droste opened the floor to the applicant. Rick Martens is with a real estate development firm and appeared on behalf of the applicant. Mr. Martens provided a history of the company. He explained the nature of the dust collectors and silo and indicated they are not connected to the building except by ductwork. Darrell Anderson, architect for the applicant, provided information on the site lines, landscaping, and screening. Chairperson Droste opened the public hearing. Judy Sundt, 14885 Bittersweet Ct., inquired about the view of the dust collectors and silo. Mr. Pearson described the building layout and landscaping. Mr. Anderson shared details of the site plans and specific information on site lines. Harvey Sundt, 14885 Bittersweet Ct., asked if there are any pollution concerns. Mr. Pearson explained any emissions would be regulated by the state and county through licensing and permitting. Mr. Anderson indicated the company is environmentally sound and, due to the nature of the business, extra fire precautions are taken. The design of the dust collectors and silo do not allow anything to escape into the air. Dorothy Hinrichs, 14918 Bittersweet Court, inquired about access to the property and paving of Biscayne Avenue. MOTION by Droste to close the public hearing. Seconded by Weisensel. Ayes: Shoe Corrigan, Weisensel, Tentinger, and Droste. Nays: 0. Motion carried. Chairperson Droste suggested the University of Minnesota be notified of the proposed project. MOTION by Weisensel to affirm that the 50 ft. dust collectors and silo are necessary mechanical appurtenances that qualify for the 10 ft. additional height allowance. Seconded by Droste. Ayes: Weisensel, Droste, and Shoe Corrigan. Nays: Tentinger. Motion carried. Chairperson Droste closed the Board of Appeals Adjustments and reconvened the regular Planning Commission meeting. Public Hearing: Business Park Lot Split Chairperson Droste opened the public hearing on the application by the Rosemount Port Authority for a lot split in the Rosemount Business Park. The recording secretary has placed the Affidavit of Publication, Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson explained the need for a lot split in the Business Park to facilitate development of the northern half of the parcel by Associated Wood Products. An adjustment to the lot split line must be made as a result of recent discussions with the Planning Commission Regular Meeting Minutes April 25, 2000 Page 5 pipeline company concerning a change in the pipeline easement. The lots will meet minimum requirements and will include cross access easements. Chairperson Droste opened the public hearing. There were no comments. MOTION by Tentinger to close the public hearing. Seconded by Weisensel. Ayes: Tentinger, Droste, Shoe Corrigan, and Weisensel. Nays: 0. Motion carried. MOTION by Tentinger to recommend that the City Council approve the lot split for Lot 3, Block 2, Rosemount Business Park Second Addition. Seconded by Shoe Corrigan. Ayes: Droste, Shoe Corrigan, Weisensel, and Tentinger. Nays: 0. Motion carried. There being no further business to come before this Commission, upon MOTION by Droste and upon unanimous decision, the meeting was adjourned at 9:10 p.m. Respectfully submitted, F feu ti Dianne G. Quinnell Recording Secretary CITY HALL CITY OF RO S E M O U N T 2875 145th Street West t y 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 May 9, 2000 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, May 9, 2000. Chairperson Bill Droste called the meeting to order at 6:35 p.m. with members Jay Tentinger, Kim Shoe Corrigan, and Jeffery Weisensel present. Also in attendance were City Planner Rick Pearson and Councilmember Sheila Klassen. There were no additions or corrections to the agenda. MOTION by Tentinger to approve the April 25, 2000 Regular Planning Commission Meeting Minutes. Seconded by Weisensel. Ayes: Tentinger, Droste, Shoe Corrigan and Weisensel. Nays: 0. Motion carried. Chairperson Droste recessed the meeting at 6:40 p.m. Public Hearing: Ames Construction /Ped Mineral Extraction Permit Renewal Chairperson Droste opened the public hearing on the application by Otto Ped 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 indicated the operator role for this mining operation transferred from Bituminous Roadways to Ames Construction. Prior mining activity was very limited and still confined to the first phase. Ames anticipates accelerating the activity to approximately 40,000 cu.yds. this year. Ames has agreed to assume all responsibility for the mining activity, and has been fully informed of the mining limitations, including the prohibition of haulback. Tim Odel, Project Manager for Ames Construction was present at the meeting to answer questions. Commissioners discussed traffic patterns, along with safety issues related to truck hauling. Mr. Odel explained that in Apple Valley the trucks travel over air compressors to loosen gravel materials and a water truck is used to hose down sand in the bed of the truck. Ames sweeps Cedar Avenue on a regular basis. Mr. Pearson indicated that additional conditions could be imposed at any time. Chairperson Droste opened the public hearing. There were no comments. Planning Commission Regular Meeting Minutes May 9, 2000 Page 2 MOTION by Droste to close the public hearing. Seconded by Tentinger. Ayes: Droste, Shoe Corrigan, Weisensel, and Tentinger. Nays: 0. Motion carried. MOTION by Weisensel to recommend that the City Council renew the mineral extraction permit for the Ped property for 2000, subject to the draft conditions of operation. Seconded by Tentinger. Ayes: Shoe Corrigan, Weisensel, Tentinger, and Droste. Nays: 0. Motion carried. Public Hearing: Ames Construction /Furlong Mineral Extraction Permit Renewal Chairperson Droste opened the public hearing on the application by Tom Furlong 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 application by Tom Furlong for renewal of his mining permit. The operator was changed from Cemstone Ready Mix to Ames Construction. Mr. Furlong assumes sole responsibility as owner /operator. There have been no complaints concerning this mining operation. Tim Odel, Project Manager for Ames Construction, indicated that Ames does not anticipate heavy activity with this mining operation and estimated 10- 15,000 cu.yds. of materials this year. Chairperson Droste opened the public hearing. There were no comments. MOTION by Tentinger to close the public hearing. Seconded by Droste. Ayes: Weisensel, Tentinger, Droste, and Shoe Corrigan. Nays: 0. Motion carried. MOTION by Tentinger to recommend that the City Council approve the mineral extraction permit renewal for Tom Furlong for the 2000 season. Seconded by Weisensel. Ayes: Tentinger, Droste, Shoe Corrigan, and Weisensel. Nays: 0. Motion carried. Public Hearing: Splatball Inc. Interim Use Permit Renewal Chairperson Droste opened the public hearing on the application by Splatball, Inc. for renewal of an Interim 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 presented the application by Splatball, Inc. for renewal of its Interim Use Permit for operation of its commercial outdoor recreation use. No complaints have been received and no changes to the permit are requested. The review interval has been extended from two years to three years. Chairperson Droste opened the public hearing. There were no comments. Planning Commission Regular Meeting Minutes May 9, 2000 Page 3 MOTION by Droste to close the public hearing. Seconded by Weisensel. Ayes: Droste, Shoe Corrigan, Weisensel, and Tentinger. Nays: 0. Motion carried. MOTION by Weisensel to recommend that the City Council renew the Interim Use Permit for Splatball, Inc. for a three year period subject to conditions. Seconded by Tentinger. Ayes: Droste, Shoe Corrigan, Weisensel, and Tentinger. Nays: 0. Motion carried. There being no further business to come before this Commission, upon MOTION by Droste and upon unanimous decision, the meeting was adjourned at 7:21 p.m. Respectfully submitted, Dianne G. Quinnell Recording Secretary C ITY OF ROSEMOU NT 2875 C 1 45 thSSteetWest Rosemount, MN VIV Everything's Coming Up Rosemount!! 55068-4997 Phone 6514234411 Hearing Impaired 651 423 -6219 Fax 651 423 -5203 Planning Commission Regular Meeting Minutes May 23, 2000 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, May 23, 2000. Chairperson Bill Droste called the meeting to order at 6:30 p.m. with members Kim Shoe Corrigan and Jeffery Weisensel present. Commissioner Tentinger arrived at 6:45 p.m. Also in attendance were City Planner Rick Pearson, Intern Julie Hoium, and Councilmember Sheila Klassen. Mr. Pearson requested the agenda be changed to add as New Business a request by CarQuest for a zoning ordinance interpretation. There were no other additions or corrections to the agenda. MOTION by Weisensel to approve the May 9, 2000 Regular Planning Commission Meeting Minutes. Seconded by Shoe Corrigan. Ayes: Droste, Shoe Corrigan and Weisensel. Nays: 0. Motion carried. Julie Hoium, Planning Department Intern, was introduced to the Planning Commission. Julie will be interning with the City for one year. Councilmember Klassen advised the Commission of the results of the commission interviews. Myron Napper was appointed by the City Council to serve as the new Planning Commissioner. New Business: CarQuest Zoning Ordinance Interpretation Mr. Pearson provided an overview of the request by CarQuest to relocate in the former Champion Auto site on South Robert Trail. The Zoning Regulations exclude automobile and equipment sales, services and repair establishments in the C -2 Community Commercial District. Staff interprets this exclusion to include the retail sale of automobile parts. Ing Holmdahl was present at the meeting representing CarQuest. Mr. Holmdahl compared CarQuest's retail business to that of Terry's Ace Hardware, indicating that only automobile parts and accessories are sold. Their retail business does not include the sale of automobiles or equipment. CarQuest's present location is inadequate, and they are looking for a location with more visibility. Councilmember Klassen provided background on the Downtown Commercial Enhancement Plan, which excludes auto related businesses in the downtown area. Chairperson Droste indicated that an auto related business in the downtown area is not consistent with direction from the Downtown Scoping Committee or with the Comprehensive Plan. Planning Commission Regular Meeting Minutes May 23, 2000 Page 2 Commissioner Shoe Corrigan explained the Planning Commission's role to interpret the ordinance. She does not feel the ordinance, as written, excludes the retail sale of automobile parts in this zoning district. If the Downtown Enhancement Plan excludes all types of automobile related businesses in the downtown area, the ordinance should be amended to clean up the language. Commissioner Weisensel feels the exclusion of automobile "services" in the downtown district includes the retail sale of parts. Auto related businesses in the downtown area are not intended by the Comprehensive Plan. He supports staff's interpretation of the zoning ordinance. MOTION by Droste to uphold staff's interpretation of the zoning ordinance. Seconded by Weisensel. Ayes: Weisensel and Droste. Nays: Shoe Corrigan. Present: Tentinger. Motion carried. Chairperson Droste recessed the meeting at 6:53 p.m. Public Hearing: Daniel Huntington Office/Warehouse Concept PUD Chairperson Droste opened the public hearing on the application by Daniel Huntington for a Commercial 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 presented the application by Daniel Huntington for a Concept PUD pertaining to a multiple use office /warehouse facility on Carrousel Way. Councilmember Klassen noted that issues related to compatibility of uses with surrounding businesses and outdoor storage will need to be addressed. Dan Huntington, Applicant, summarized the nature of the office /warehouse facility and intended uses. Mr. Pearson reviewed the site plan and elevations for the facility. The plan includes four offices attached to warehouses, along with one drive -thru unit. The development meets all setback requirements. Commissioners discussed the architectural design of the building, including the lean -to roof and options to square off the roof. Chairperson Droste opened the public hearing. There were no comments. MOTION by Droste to close the public hearing. Seconded by Tentinger. Ayes: Weisensel, Tentinger, Droste, and Shoe Corrigan. Nays: 0. Motion carried. Planning Commission Regular Meeting Minutes May 23, 2000 Page 3 Commissioners further discussed outdoor storage, future conversion of the drive -thru unit to match office entrances, siding materials, and the roofline. Commissioner Weisensel suggested more brick or rock -faced block materials. Chairperson Droste suggested screening the corner of the building with landscaping and squaring off the roof on the north and south side of the building. Mr. Huntington indicated he would be willing to provide additional landscaping, but he indicated, from prior discussions with the architect, that it would be difficult to square the roof. The remaining Commissioners did not oppose the lean -to design of the roof. MOTION by Shoe Corrigan to recommend that the City Council approve the Concept PUD for the office /warehouse building proposed by Mr. Huntington subject to: 1) Incorporation of recommendations of the Planing Commission for building aesthetics, including reduced stucco and increased masonry; 2) Incorporation of recommendations of the Engineering Department for drainage, grading and utilities; and 3) Conformance with all applicable building, fire and zoning codes. Seconded by Tentinger. Ayes: Tentinger, 11111 Droste, Shoe Corrigan, and Weisensel. Nays: 0. Motion carried. Chairperson Droste recessed the regular Planning Commission meeting and convened the Board of Appeals Adjustments. Public Hearing: Brian Rohrenbach Variance Chairperson Droste opened the public hearing on the application by Brian Rohrenbach for a variance to side yard setbacks. 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. Rohrenbach summarized the proposed expansion plans for his home. A screened porch is more desirable than an open deck due to a wetland area behind his home and the mosquitoes. Julie Hoium provided comparisons with surrounding properties, demonstrating that reduced setbacks are prevalent in the neighborhood. She described the setback encroachments for the existing home and garage, along with the proposed expansion and porch. Commissioners examined comparisons with the surrounding properties and wetland area. Chairperson Droste opened the public hearing. There were no comments. MOTION by Droste to close the public hearing. Seconded by Weisensel. Ayes: Droste, Shoe Corrigan, Weisensel, and Tentinger. Nays: 0. Motion carried. Planning Commission Regular Meeting Minutes May 23, 2000 Page 4 Commissioners discussed the desirability of a screened porch. Mr. Pearson explained the necessity of also legitimizing the existing house and garage at this time. MOTION by Shoe Corrigan to grant the requested side yard variance for home expansion, including the porch, and to grant a variance for those parts of the existing home and garage currently non conforming. Seconded by Tentinger. Ayes: Shoe Corrigan, Weisensel, Tentinger, and Droste. Nays: 0. Motion carried. Chairperson Droste closed the Board of Appeals Adjustments and reconvened the regular 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 8:00 p.m. Respectfully submitted, Dianne G. Quinnell Recording Secretary CITY OF ROSEMOUNT 2875 145 t ""ee tWest Rosemount, MN 55068-4997 Everything's Coming Up Rosemount!! Phone 651-423-4411 Hearing Impaired 651 423 -6219 Fax 651 423 -5203 Planning Commission Regular Meeting Minutes June 13, 2000 Councilmember Klassen swore in newly appointed Commissioner Myron Napper to the Planning Commission. Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, June 13, 2000. Chairperson Bill Droste called the meeting to order at 6:30 p.m. with members Myron Napper and Kim Shoe Corrigan present. Commissioner Jeffery Weisensel was absent. Also in attendance were City Planner Rick Pearson and Councilmember Sheila Klassen. There were no additions or corrections to the agenda. MOTION by Droste to approve the May 23, 2000 Regular Planning Commission Meeting Minutes. Seconded by Shoe Corrigan. Ayes: Droste and Shoe Corrigan. Present: Napper. Motion carried. Discussion There was discussion concerning the appointment of a Vice Chairperson for the Planning Commission. Mr. Pearson responded to questions in reference to packet information on the 60 -day Rule. Chairperson Droste recessed the meeting for 15 minutes at 6:45 p.m. Councilmember Klassen addressed the Planning Commission concerning the scheduled public hearings. Because of the pending litigation with Shafer, Klassen indicated there was concern the anticipated settlement could be affected by action on the permit amendment. She recommended the public hearing be opened, closed, and then tabled. Councilmember Klassen further explained the city has retained a consultant to perform studies on mining activity. Until this study is completed, the City Council will be imposing a moratorium on new mines. Therefore, the new mineral extraction permit requested by Richard Knutsen, Inc. should be tabled. Public Hearing: Shafer Contracting Co. Lance Johnson Mineral Extraction Permit Amendment Chairperson Droste opened the public hearing on the application by Shafer Contracting Co. Lance Johnson for amendment 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. Planning Commission Regular Meeting Minutes June 13, 2000 Page 2 Mr. Pearson summarized Shafer's application to amend the existing mineral extraction permit to expand the scope of the mining operation from the original 35 acres to the entire 93 acres owned by Lance Johnson. The new phasing plan and grading plan were reviewed. The plans take into account the city's long -term plans for drainage. Mr. Pearson explained the diminishing asset doctrine, which is the basis of Shafer's lawsuit against the city. The diminishing asset doctrine allows an owner /operator to mine the entire extent of the property. Shafer is seeking approval by the city of the phasing plan for the extent of the mining operation. The city is unwilling to approve the plan for the entire 93 acre site because the applicable state law or case law could change. However, it is prepared to approve the plan on a year -to -year basis. Chairperson Droste opened the floor to the applicant. Scott Spisak, George Matson, and Dave Sellergren were present on behalf of Shafer Contracting Co. Mr. Spisak listed several professionals and studies that contributed to development of the mining plan. Mr. Sellergren explained the mining and phasing plan were included with Shafer's prior application for a zoning change and conditional use permit, which was later denied by the City Council. Shafer desires to change the non conforming use status to allow long -term planning. Mr. Spisak summarized specifics of the plan, including phasing and reclamation plans, access, stormwater ponding, tree replacement, and berming. Shafer is not changing the scope of operation, namely, 15 -19'/2 acre phases. Chairperson Droste opened the public hearing. Charlie Koehnen, 12255 Rich Valley Blvd., inquired about tires, medical wastes, and concrete dumped on the property. He requested a new environmental impact study and that a mined area be cleaned up before expanding operations. He further requested that "truck hauling" signs be installed. Bob Plan, 11889 Rich Valley Blvd., inquired about materials hauled in and assessments for the cost of maintenance and repair to Rich Valley Blvd. He is concerned about truck noise, safety, and groundwater pollution. He complained about the smell from surrounding businesses and requested a new environmental study. Marsha Mrozinski, 11771 Rich Valley Blvd., expressed concern about pollution, groundwater contamination, hours of operation, traffic volume and speed. Mr. Spisak responded to resident concerns. The tires and medical supplies were dumped by trespassers and were properly cleaned up. He previously responded to resident complaints about rental truck drivers and those drivers are no longer hauling materials at this site. Shafer has taken safety precautions and will continue to do so. A full -time Planning Commission Regular Meeting Minutes June 13, 2000 Page 3 safety director is on staff. Broken concrete is hauled back to the site, crushed in one easily identified area of the pit, and then reused. Mr. Pearson addressed questions concerning assessments for repairs to Rich Valley Blvd. He will verify whether any complaints have been filed with law enforcement officials and whether the existing environmental study is still valid. Chairperson Droste suggested the city set up a system for residents to file complaints on mining operations. In response to additional resident concerns, Mr. Spisak indicated there are no plans for parking trucks on site and he is not aware of any contaminated concrete hauled back to the site. Any contaminated materials are identified by MnDOT and the airport. MOTION by Droste to close the public hearing. Seconded by Napper. Ayes: Droste, Shoe Corrigan, and Napper. Nays: 0. Motion carried. MOTION by Droste to table action on amendment of the 2000 mineral extraction permit for the Lance Johnson property until the June 27, 2000 Planning Commission meeting. Seconded by Shoe Corrigan. Ayes: Shoe Corrigan, Napper, and Droste. Nays: 0. Motion carried. Public Hearing: Richard Knutsen, Inc. Mineral Extraction Permit Chairperson Droste opened the public hearing on the application by Richard Knutsen, Inc. and John Reese for 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 application by Richard Knutsen, Inc. and John Reese to mine property located adjacent to the Danner pit. Mr. Pearson reviewed the 4 -phase plan, consisting of approximately 60 acres, along with the grading plan. Except for side yard setbacks, the plans meet city standards. Mr. Pearson suggested adding to the permit conditions that no haul back is allowed, except as approved by the City Council. Mr. Pearson indicated the city entered into a contract with a consultant to perform a study on mining extraction. The city hopes to get an assessment of where resources are located, end use plans so land is restored consistently, and information on how mining operations affect redevelopment. This study is expected to take 5 -6 months. A moratorium is expected to be adopted by the City Council at its next meeting. Chairperson Droste opened the floor to the applicant. Reuben Mausolf was present on behalf of Richard Knutsen, Inc. to answer questions. Chairperson Droste opened the floor to the public. Planning Commission Regular Meeting Minutes June 13, 2000 Page 4 Frank Knoll, 4322 145 St. E., is the neighboring property owner. Mr. Knoll requested the driveway to the mining operation be placed along the section line on the east side and larger berming along his property line. Mr. Mausolf indicated the company's long term plan is for development of the site in the future and will make any necessary adjustments. MOTION by Droste to close the public hearing. Seconded by Shoe Corrigan. Ayes: Napper, Droste, and Shoe Corrigan. Nays: 0. Motion carried. MOTION by Droste to table action on the new mineral extraction permit for Richard Knutsen, Inc. until the June 27, 2000 Planning Commission meeting. Seconded by Shoe Corrigan. Ayes: Droste, Shoe Corrigan, and Napper. 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 8:30 p.m. Respectfully submitted, 14 Dianne G. Quinnell Recording Secretary CITY OF ROSEMOU NT 2875 C 1 45 t h SSteetWest Rosemount, MN *ir% 55068 -4997 Everything's Coming Up RosemountH Phone 651423-4411 v Hearing Impaired 651.423 -6219 Fax 651 423 -5203 Planning Commission Regular Meeting Minutes June 27, 2000 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, June 27, 2000. Chairperson Bill Droste called the meeting to order at 6:30 p.m. with members Myron Napper, Kim Shoe Corrigan, and Jeffery Weisensel present. Also in attendance were City Planner Rick Pearson and Councilmember Sheila Klassen. The first order of business was to elect the Planning Commission Vice Chairperson. MOTION by Weisensel to nominate himself as Vice Chairperson. Seconded by Shoe Corrigan. Motion carried unanimously. MOTION by Droste to approve the June 13, 2000 Regular Planning Commission Meeting Minutes. Seconded by Weisensel. Ayes: Napper, Droste, Shoe Corrigan and Weisensel. Nays: 0. Motion carried. Discussion Councilmember Klassen explained that action on the application by Shafer Contracting to amend its mineral extraction permit would not affect the pending litigation. The moratorium on new mining permits adopted by the City Council applies to the Richard Knutson, Inc. application. Old Business: Lance Johnson Shafer Contracting Mineral Extraction Permit This matter was before the Planning Commission on June 13, 2000 for a public hearing. The public hearing was closed and action on amendment of the 2000 mineral extraction permit was tabled. Mr. Pearson responded to issues raised at the public hearing. A representative of the Environmental Quality Board advised Mr. Pearson that no further environment review is warranted for the Shafer mining operation. Mr. Pearson provided details on the threshold that would require a new assessment. Mr. Pearson also responded to accident concerns raised by residents. For the period 4/1/99 to the present, the Police Department recorded a total of 21 accidents on Rich Valley Blvd., 16 in the area of the mine. There were no accidents involving trucks associated with the mine. Deer caused 9 of the accidents. Planning Commission Regular Meeting Minutes June 27, 2000 Page 2 Mr. Pearson explained that conditions can be added to the permit concerning the installation of stop signs and haulback. Prohibition of haulback would not include topsoil brought in for restoration. The activity of crushing concrete is not considered haulback, but recycling. Chairperson Droste opened the floor to the applicant. Scott Spisak responded to concerns. A stop sign has been installed at the exit of the driveway, along with a sign instructing drivers that compression brakes are prohibited between the site and Hwy. 3 and Hwy. 52. Portable "truck hauling" signs are used on a regular basis. Mr. Spisak obtained permission from Koch to trim the underbrush to increase site visibility. Shafer has a verbal agreement with Koch to install a gate at the end of the driveway if the permit is approved and property purchased. Chairperson Droste noted a conflict with paragraph 0 of the permit conditions with the concrete crushing done by Shafer. Mr. Pearson explained that the crushing and recycling of concrete is a common practice in mining and is expected on a small scale. If it became a much larger operation, approval would be required. Chairperson Droste requested the conditions be amended to clarify the allowance of the concrete recycling activity. Discussions continued concerning permit conditions, including restoration, slopes, stockpiled materials, dust control, and ponding. Commissioner Shoe Corrigan expressed her support for the mining operation, noting the long -term restoration plan and commitment of the operator. MOTION by Shoe Corrigan to recommend that the City Council amend the 2000 mineral extraction permit for the Lance Johnson property to include the proposed mining operation and phasing plan and reclamation and end use plans as new exhibits, to amend paragraph 0 of the permit conditions clarifying the allowance of concrete crushing and recycling on a small scale, and adding language prohibiting haulback, except for the purpose of soil reclamation. Seconded by Droste. Ayes: Droste, Shoe Corrigan, Weisensel, and Napper. Nays: 0. Motion carried. Old Business: Richard Knutson, Inc. Mineral Extraction Permit This matter was before the Planning Commission on June 13, 2000 for a public hearing. The public hearing was closed and action on the new mineral extraction permit was tabled. Mr. Pearson summarized the moratorium on new mining permits adopted by the City Council on June 20. The moratorium halts new mining permits for up to 18 months. The mining study is expected to be completed in 3 -6 months. Planning Commission Regular Meeting Minutes June 27, 2000 Page 3 Public Hearing: Daniel Huntington Final PUD Chairperson Droste opened the public hearing on the application by Daniel Huntington for a Final Planned Unit Development concerning a multiple use office /warehouse facility. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson presented the site plan for a 6,000 sq. ft. office /warehouse facility on Carrousel Way. The building is primarily brick on all four sides and exceeds the aesthetic standards of the zoning ordinance. Mr. Pearson suggested additional trees in the front boulevard. Chairperson Droste opened the floor to the applicant. Daniel Huntington expressed concern that trees in the front boulevard would block visibility of the five separate businesses. He will work with staff in placing trees in other locations. Chairperson Droste opened the public hearing. There were no comments. MOTION by Droste to close the public hearing. Seconded by Weisensel. Ayes: Shoe Corrigan, Weisensel, Napper, and Droste. Ayes: 0. Motion carried. Commissioners commended Mr. Huntington for the change to brick on the building. They discussed alternate locations for trees that would not obstruct the view of the businesses. MOTION by Weisensel to recommend that the City Council approve the PUD Final Development Plan for the Daniel Huntington office /warehouse proposal subject to: 1) Revising the landscape plan to include three boulevard trees and as directed by the Planning Commission; 2) The northern most drive- through bay shall have an overhead door that blends with the building colors and materials, and will be converted to office /warehouse, matching the rest of the building upon vacation of the Service Master tenant; 3) Compliance with all applicable building, engineering standards and fire codes. Seconded by Shoe Corrigan. Ayes: Weisensel, Napper, Droste, and Shoe Corrigan. Nays: 0. Motion carried. Public Hearing: Linn Property Holdings (Goodyear) Site Plan Review and Final Plat Chairperson Droste opened the public hearing on the application by Linn Property Holdings for the Goodyear Site Plan Review and Final 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. Planning Commission Regular Meeting Minutes June 27, 2000 Page 4 Mr. Pearson summarized the approved PUD Concept Plan for the McNamara property. The Goodyear site plan consists of a 6,205 sq.ft. automobile service and tire facility, with service bays on the south half, garage bays facing east -west, customer waiting area on the north side, parking on the west side, and ponding to the south. Building elevations were reviewed. Landscaping and parking meet zoning standards and the plan is consistent with the PUD. The final plat consists of one lot for Goodyear and a larger lot including the bank and pond. The bank will be responsible for maintenance of the pond. Discussions continued concerning ponding and sidewalks. Commissioner Droste opened the floor to the applicant. Steve Linn indicated this Goodyear site is larger than usual. 46 parking stalls are provided, along with greenspace and landscaping to provide screening. With the east west layout, residents north of 42 and south of 151 St. will not be looking at garage bays and any noise will be directed to the commercial area. Building elevations, signage, and lighting were discussed. Chairperson Droste opened the public hearing. Victor Igou, 15150 Cimarron Avenue, inquired about landscaping around the ponding area. Jeff Wisdorf, 15127 Cimarron Court, thought the wetland on the Goodyear site that was graded over was a natural preserve. He asked that mature trees be planted to replace the trees removed from the site. He expressed concern with traffic and noise from garbage trucks servicing Goodyear and from air guns. He suggested a stop sign on 151 St. at the Cimarron intersection. Sherri Wisdorf, 15127 Cimarron Court, expressed concern about speeding on 151s St. and requested additional screening on the south side of Goodyear. Mr. Pearson explained the old wetland on the Goodyear site was not a high quality wetland and had no preserve classification. He described the type and size of trees that will be required. Mr. Linn responded that garbage pickup is once a week. A time for pickup could not be dictated to the garbage company. Traffic is low volume in comparison to restaurants, video stores, and most other commercial facilities. Goodyear generates approximately 20 -40 cars per day. Distance between Goodyear and the townhomes south of 151 St. would minimize any noise from the garage bays. Planning Commission Regular Meeting Minutes June 27, 2000 Page 5 Jeff Fadden, 12231 Biscayne Avenue, asked questions concerning indoor storage, automotive services, disposal of used oil, curbs and drainage. MOTION by Droste to close the public hearing. Seconded by Weisensel. Ayes: Napper, Droste, Shoe Corrigan, and Weisensel. Nays: 0. Motion carried. Discussions continued concerning screening along the south side of Goodyear. Joe McNamara indicated the bank is currently reviewing its landscape plan and would consider plantings on the south side of the pond. Mr. Linn also indicated a willingness to add trees along the southern edge of the Goodyear site. Commissioner Shoe Corrigan suggested that the color and architectural theme similar to Walgreens and KinderCare be continued throughout the development. Mr. Pearson indicated that such standards would be difficult to maintain. Mr. Linn responded the blue roof over the entry is part of the logo for Goodyear. He indicated they would consider blending in with existing brick. MOTION by Droste to approve the site plan review for Goodyear subject to: 1) Conformance with requirements for platting including Outlot A to be combined with Lot 1, Block 2, McNamara Addition; 2) Rezoning to C -4 Community Commercial in conformance with the Comprehensive Plan; 3) Conformance with all applicable building, engineering standards and fire codes. Seconded by Weisensel. Ayes: Droste, Shoe Corrigan, Weisensel, and Napper. Nays: 0. Motion carried. MOTION by Droste to recommend that the City Council approve the final plat for Goodyear Addition subject to: 1) Payment of Park Dedication fees in accordance with the current fee resolution; 2) Payment of GIS fees in accordance with the current fee resolution; 3) Incorporation of recommendations of the Engineering and Public Works Department concerning drainage, erosion control, grading, streets and utilities infrastructure and easements as needed; 4) Approval of the Dakota County Plat Commission. Seconded by Weisensel. Ayes: Shoe Corrigan, Weisensel, Napper, 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 8:27 p.m. Respectfully submitted, K.410 Dianne G. Quinnell Recording Secretary CITY O F RO S E M O U N T 2875 C1a5tHS West Rosemount, MN Everything's Coming Up Rosemount!! 55068 -4997 Phone:651- 423 -4411 Hearing Impaired 651 423 -6219 Planning Commission Fax 651-423-5203 Regular Meeting Minutes July 11, 2000 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, July 11, 2000. Chairperson Bill Droste called the meeting to order at 6:35 p.m. with members Myron Napper, Kim Shoe Corrigan, and Jeffery Weisensel present. Also in attendance were City Planner Rick Pearson, Public Works Director /City Engineer Dan Fick, Water Resource Coordinator Alyson Morris, and Councilmember Sheila Klassen. There were no additions or corrections to the agenda. MOTION by Weisensel to approve the June 27, 2000 Regular Planning Commission Meeting Minutes. Seconded by Droste. Ayes: Napper, Droste, Shoe Corrigan and Weisensel. Nays: 0. Motion carried. Discussion Mr. Fick provided an update on the activities of the Public Works Department since the recent rainstorms. He summarized areas requiring attention and described pumping activities. Chairperson Droste recessed the meeting at 6:50 p.m. Public Hearing: McNamara Addition Rezonings Chairperson Droste opened the public hearing on the rezoning of Outlots A, B, C, and D, McNamara Addition. The recording secretary has placed the Affidavit of Publication and Posting of a Public Hearing Notice on file with the City. Mr. Pearson explained the need to rezone the property located south of CSAH 42 and north of 151 St. W., between Walgreens and the Rosemount National Bank, currently zoned Agriculture. This property is guided for Commercial in the Comprehensive Guide Plan. Rezoning at this time is a step in the implementation of the Plan. Chairperson Droste opened the public hearing. Brian Howard, 3748 Upper 149 St. W., asked whether there are any noise abatement plans with respect to the proposed Cub store. He is also concerned about lighting. Mr. Pearson explained the public hearing on the Cub application is scheduled for July 25 and those issues would be addressed at that time. Dave Roszak, 15142 Crestview Circle, was interested in specifics of the Cub plan. MOTION by Droste to close the public hearing. Seconded by Weisensel. Ayes: Droste, Shoe Corrigan, Weisensel, and Napper. Nays: 0. Motion carried. Planning Commission Regular Meeting Minutes July 11, 2000 Page 2 MOTION by Weisensel to recommend that the City Council rezone Outlots A, B, C, and D, McNamara Addition, to C -4 General Commercial in conformance with the Comprehensive Guide Plan. Seconded by Droste. Ayes: Shoe Corrigan, Weisensel, Napper, and Droste. Nays: 0. Motion carried. Public Hearing: Evermoor PUD Amendment Chairperson Droste opened the public hearing on the application by Contractor Property Developers Company for an amendment to the Planned Unit Development for Evermoor. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson provided an overview of the development and summarized the proposed changes to the PUD. The twinhomes in the Innisfree neighborhood located north of Birger Pond have been changed to detached houses, resulting in a reduction from 34 units to 30 units. In the Crosscroft neighborhood located south of Shannon Park Elementary, the street system has been redesigned, the open space consolidated, and the access to Shannon Parkway has been eliminated. The key issue in the Crosscroft project is a reduction in the western edge buffer area separating the cottage homes and the existing homes. Terry Metula, representative for DR Horton, described the variety of floor plans for the Crosscroft neighborhood, indicating there would be approximately 36 different elevations for the entire project. He provided streetscape examples and described planned amenities. There will be a temporary access off Shannon Parkway for the initial development until the other accesses are opened. Ed Hasek described the buffer landscaping on the western edge of Crosscroft. At the request of city and staff, the pedestrian trail system previously along this outer edge has been removed and is replaced with landscaping. Drainage swales run the length of the property to a pond. Sidewalks have been added on the interior streets. Mr. Hasek provided street surface comparisons from the initial plan to the current plan. The hard surface area for the initial plan was 22.91 ac., compared to 23.10 ac. for the current proposal. Lot sizes are 52'x115'. Craig Rapp pointed out that density was higher in the concept stage. Chairperson Droste opened the public hearing. Harry Wilcox, 14674 Danville Ave. W., inquired about ponding and offered his support for the active senior housing. Ken Marcotte, 12931 Shannon Parkway, is experiencing flooding as a result of the past rainstorms and witnessed water coming from the adjoining property as a result of grading Planning Commission Regular Meeting Minutes July 11, 2000 Page 3 done by the developer and the city's failure to install a lift station on his property. He requested that activity on the east side of Shannon Parkway be stopped until a lift station is put in. Mr. Fick explained the lift station is part of the utility improvements for the project. Ms. Morris indicated that the city's engineering consultant is working on the utility design and that the area south of the Marcotte lot is in Phase 2 of the development. Mr. Marcotte requested that either the lift station be put in or a temporary pump be installed to control the flooding. He indicated the City identified the problem in 1993. He was told a lift station would be put in prior to any excavation. Discussions continued concerning the stormwater management plan and runoff from properties to the north of the Marcotte property. Faye Marcotte, 12931 Shannon Parkway, questioned past engineering decisions and recommended the storm water plan be re- evaluated before more mistakes are made. Cliff Carlson, 13540 Diamond Path, provided a past history of problems with Birger Pond and asked when it would be cleaned up. Ms. Morris responded that the developer is working with the city in reseeding and landscaping the area around Birger Pond. Aim Loch, 13411 Diamond Path, inquired about the status of Birger Pond and requested the city take a close look at its storm water management plan. She had no concerns with the changes to the Innisfree townhomes. Mary Skinner, 4455 Upper 135 St., lives south of Birger Pond and noted the pond grew from 15 ac. to 35 ac. caused by homes on the hill and the city draining. He urged the city to enforce regulations on developers. Mr. Pearson explained the review and approval process for a development. He indicated the utility plans are reviewed in a separate process and are addressed by the City Council. He encouraged the Planning Commission to focus on the PUD Amendment. MOTION by Droste to close the public hearing. Seconded by Shoe Corrigan. Ayes: Weisensel, Napper, Droste, and Shoe Corrigan. Nays: 0. Motion carried. Commissioner Napper suggested the water situation be taken care of before proceeding with the housing. Commissioner Shoe Corrigan expressed concern about the townhouses located near Birger pond and inquired about the distance from the townhouses to the high water mark. Mr. Fick explained that it would not be practical to design a development based upon probabilities typical of a catastrophic event such as the weekend storms. He further explained that utility plans are designed for a 100 -year event, in accordance with standard Planning Commission Regular Meeting Minutes July 11, 2000 Page 4 engineering principles. The storm water management plan for the Evermoor project meets city standards. Councilmember Klassen recognized that something needed to be done in response to the issues discussed, but not in this forum. She offered to bring the issues to the City Council for consideration. Craig Rapp indicated there is no definitive determination of CDPC's responsibility to the problems experienced by the Marcottes. He offered to sit down with them to discuss the issues. The developer has put together in good faith a detailed plan to meet the demands of the community. He feels the developer has addressed all anticipated concerns. Ms. Morris explained she has inspected portions of the Evermoor project. The city is working with the contractor to fix silt fencing damaged by the storm. Erosion control devices are being put in. Commissioner Shoe Corrigan indicated the buffer on the western edge of Crosscroft must be increased to a minimum of 30' before she could support the amendment. She wanted more information on increasing the buffer and additional time to look at the landscaping plan and architectural drawings. I/ Commissioner Weisensel supported the Innisfree and Crosscroft redesigns, with the exception of the reduced buffer. He felt the matter should be tabled for more information addressing the immediate concerns of the neighbors to the north. Mr. Pearson responded the water /drainage concerns are separate issues from the amendment. Those concerns should be addressed by the City Council. Craig Rapp indicated the developer would be willing to make any necessary adjustments to provide the minimum 30' separation as requested by Commissioners. MOTION by Weisensel to table action on the PUD Amendment for the Innisfree and Crosscroft neighborhoods. Seconded by Napper. Ayes: Napper, 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 It `O CITY OF RO S E M O U N T 2875 C I TM t H S A t reet West 9' Rosemount, MN a Everything's Coming Up Rosemount!! 55068-4997 Phone 651-423-4411 Hearing Impaired 651- 423 -6219 Planning Commission Fax 651- 423 -5203 Regular Meeting Minutes July 25, 2000 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, July 25, 2000. Chairperson Bill Droste called the meeting to order at 6:32 p.m. with members Myron Napper and Kim Shoe Corrigan present. Commissioner Jeffery Weisensel arrived at 6:40 p.m. Also in attendance were City Planner Rick Pearson, Community Development Director Jim Parsons, and Councilmember Sheila Klassen. There were no additions or corrections to the agenda. Commissioner Shoe Corrigan requested modifications to the July 11, 2000 minutes. MOTION by Droste to approve the July 11, 2000 Regular Planning Commission Meeting Minutes, as modified. Seconded by Shoe Corrigan. Ayes: Napper, Droste, and Shoe Corrigan. Nays: 0. Motion carried. Discussion Mr. Pearson indicated that the time for the September 12, 2000 meeting must be changed due to elections that day. MOTION by Napper to change the time for the September 12, 2000 meeting to 8:00 p.m. Seconded by Droste. Ayes: Droste, Shoe Corrigan, and Napper. Nays: 0. Motion carried. Councilmember Klassen indicated that the City Council discussed issues related to the heavy rainfall from the July 8 storm. She thanked Homer Tompkins of CPDC for the assistance provided by the developer of Evermoor. Old Business: Evermoor Major Amendment to PUD This matter was before the Planning Commission on July 11, 2000 for a public hearing. The public hearing was closed and action on the amendment was tabled. Mr. Pearson summarized the proposed amendments to the Evermoor PUD. The developer submitted a revised drawing from the Crosscroft area. The width of the corridor was increased to a minimum of 30 feet. An updated landscaping plan was reviewed, along with additional elevations from DR Horton. Commissioner Shoe Corrigan pointed out one house along the corridor that needed an III additional tree. Mr. Pearson indicated the consulting engineer is reviewing the stormwater plans. Planning Commission Regular Meeting Minutes July 25, 2000 Page 2 MOTION by Shoe- Corrigan to recommend that the City Council approve the PUD Amendment for the Innisfree and Crosscroft neighborhoods subject to: 1) Provision of additional architectural renderings for the Active Senior neighborhood in order to guarantee diversity of housing styles; 2) Updating the planting plan legend to include the 48 10' -12' Colorado Blue Spruce; 3) All other previously stated conditions of approval remain in effect; and 4) Execution of an amended PUD Agreement. Seconded by Weisensel. Ayes: Shoe Corrigan, Weisensel, Napper, and Droste. Nays: 0. Motion carried. Chairperson Droste recessed the meeting until 7:00 p.m. Public Hearing: KTJ Limited Partnership (Cub Foods) PUD Amendment and Final Plat Chairperson Droste opened the public hearing on the PUD Amendment and Final Plat for Cub Foods. 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 an overview of the Cub Foods project. This development is located between Crestone and Claret Avenues, south of CSAH 42 and north of 151 St. The development proposal consists of an 80,000 sq.ft Cub Foods store, 13,000 sq.ft. attached retail bays, and a separate 7,000 sq.ft. retail building. An amendment to the PUD is necessary because of the proposal to have less than the required 50% brick and for a modification of the sign expectations. Three 100 sq.ft. signs are permitted, but the developer is proposing two 150 sq.ft. signs. Mr. Pearson reviewed access to the site, parking, and traffic circulation. Parking requirements have been met, however, staff has requested the parking stalls located in front of the retail area attached to the Cub facility be eliminated. Building elevations were reviewed, together with the landscaping and lighting plans. A 6 -7 foot berm plus landscaping is provided for screening along 151 St. The store is 60 feet from the property line, 175 feet to the south edge of the 151 St. right -of -way, and 200 feet to the nearest building. Staff recommends additional sidewalks along Crestone Avenue. The developer has agreed to lower the light poles to 30 feet. Commissioners reviewed the sign designs. A monument -style sign is proposed in the southwest corner of the site on 151 St. Chairperson Droste opened the floor to the applicant. Paul Tucci of Oppidan was present. Mr. Tucci indicated the developer has revised its plans to incorporate staff recommendations. Additional sidewalks and connections have been included. Mr. Tucci summarized plans for landscaping, berming, elevations, and signage. Canvas awnings are planned on the retail bays. Chairperson Droste opened the public hearing. Planning Commission Regular Meeting Minutes July 25, 2000 Page 3 Richard Barnes, 3586 149 St. W., stated his preference for a restaurant on the site. He is concerned about this location for the Cub store and feels it should be located further east. Residents were led to believe there would be smaller businesses at this site. He raised issues related to increased traffic, storage of waste products, and 24 -hour lighted signs. Kelly McGivern, 15173 Claret Avenue, pointed out there is a Cub store located only 4 miles away. He feels the city is moving too fast on this application. Mr. McGivern referenced a Petition signed by residents, which shows a majority of residents are opposed to the Cub store. He prefers to see a unique business at this site which would compliment existing businesses. He feels a store like Cub belongs in an Industrial setting. He pointed out that previous traffic studies pertained to a 40,000 sq.ft. building. Those studies must be redone because of the 80,000 sq.ft. size of Cub. He raised concerns about traffic, lighting, water runoff, home values, the 24 hours of operation, and noise from air conditioners, compressors, and trucks. Brian Howard, 3748 Upper 149 St. W., requested screening for residents on the north side of Co. Rd. 42. He inquired about lighting and the estimated traffic flow off Claret Avenue. 1111 Craig Schalliol, 3669 154 St. W., built in Rosemount for the small city atmosphere. He supports the local businesses and believes the big 7/24 stores should be in a larger city. He feels that a large store like Cub would result in increased traffic, noise pollution, and crime. He suggested that night deliveries not be allowed and that the park be relocated. Steve Casey, 15455 Danville Ave., presented a Petition generated by the Rosemount Residents for Responsible Development. He asked whether the speed limited on CSAH 42 will be reduced. Chairperson Droste entered into record a letter, dated July 25, 2000, from Mr. Mrs. Greg Zippel, and a letter from Paul Wright. Michael Palmer, 2682 Upper 138 St. W., is the owner of Pizza Man. Mr. Palmer is concerned about additional competition, including the Cub deli and possibly another pizza retailer in the strip mall, which may put him out of business. A substantial increase in traffic would delay delivery service. He is also concerned about large open spaces if businesses are forced to close. He believes the Cub store is too close to residential. Monika Oeltjen, 15772 Cicerone Court, indicated the traffic generation report is not based on an 80,000 sq.ft. business. She questioned whether it is accurate. Ms. Oeltjen inquired about delivery truck traffic. Mr. Tucci summarized the anticipated Cub truck deliveries. In addition to the Cub 110 deliveries, numerous outside vendors would deliver items. Ms. Oeltjen asked where the support is for the three residential areas surrounding this site. She requested that a new traffic study be performed. Planning Commission Regular Meeting Minutes July 25, 2000 Page 4 Mr. Pearson explained the traffic study took into account over 200,000 sq.ft. of commercial space. The county reviewed access to CSAH 42 and approved the plans. Recommendations of the traffic study have been implemented. The consulting engineer is reviewing the traffic plan and will give recommendations to the City Council. In response to concerns about garbage storage, Mr. Tucci indicated a compactor is located at the rear side and is loaded from the inside of the building. Mr. Pearson added that city ordinance does not allow the storage of garbage outside, and the city will ensure that garbage collection containers are enclosed. Discussions continued concerning parking lot elevations along CSAH 42. Thomas Gelich, 15176 December Trail, felt the building is too large in proportion to the lot. Mr. Pearson responded that the building meets the greenspace, parking, and setback requirements. Mr. Pearson showed where the ponding is located and indicated the consulting engineer is looking at stormwater drainage and utility design. Margaret Capra, 4091 152 Ct. W., noted that the Apple Valley Cub has become run down over the years. She feels the Cub store will be an eyesore on CSAH 42. She indicated this small -town charming community is inviting huge, corporate America to dump on its neighborhoods. Jim Engelhart, 15461 Darling Path, believes the city shouldn't rush into this until all issues have been addressed. His concerns relate to the residential neighborhood, park, drainage, traffic, and location. Lola Mills, 15130 Crestview Circle, feels the Cub store will be an eyesore. She has concerns regarding traffic, noise, crime, pollution, truck deliveries, reduction in property values, and its effect on existing businesses. Brian Howard, explained that the concerns he raised earlier about car lights affecting the north side residents pertained to cars exiting on Claret Avenue. Bernie Strohsuf, raised concerns about truck traffic, garbage, and idling diesel trucks. He suggested 6:00 a.m. 9:00 p.m. delivery times. He inquired about the route trucks will follow and indicated that Cub should pay for semaphores to be installed at certain intersections. Jeff Fadden, 12231 Biscayne Ave., inquired if a marketing study was performed and if the population is sufficient to support a Cub store at this location. Mr. Tucci responded that Cub has performed marketing studies. Aimee Freeberg, 3840 153 St. W., indicated she could not see any benefit from this Cub store. She has concerns regarding traffic and safety for the children at the park and at the Planning Commission Regular Meeting Minutes July 25, 2000 Page 5 daycare center. She feels the Cub store will affect the existing businesses and wondered how they could make it. Mr. Pearson reviewed the Comprehensive Plan and located the commercial districts within the city. Dwayne Folger, 14932 Crestview Ave., wondered why the change from the initial plan of a 40,000 sq.ft. building. Such a large store limits other businesses that could locate to this site. He inquired about plans for roads to handle the growth and traffic. Mr. Pearson summarized anticipated street improvements in the city. Mr. Folger felt the traffic study is not accurate. Smaller retail units would not generate as much traffic. He requested a new traffic study based on Cub's presence. Jean Prichard, 3868 Upper 149 St. W., felt the concerns of the residents living north of CSAH 42 have not been sufficiently addressed and that their property values will decrease. She wants to maintain the small town atmosphere. She indicated that Cub is not taking the risk, but the small town community. Michael Palmer, inquired about traffic flow and road improvements. Sandra Pedersen, voiced her opposition to the Cub store. Jim Engelhart, suggested that Cub be placed east of Hwy 3. Mr. Pearson summarized activity in the Business Park. Tracy Doherty, 12375 Blacha Ave., prefers a smaller grocery store. She wants another choice for shopping and something that fits into the residential area. Chairperson Droste ended the public comment and turned to Commissioners for comments. Commissioner Napper indicated his opposition to the Cub store and suggested it be downsized or moved. Commissioners listed unresolved issues for the developer to address, including, the number of truck deliveries, sight lines to the north, hours of operation, outdoor storage, screening on 151 St., pedestrian lighting, planters, roof enhancements, examples of other Cub store loading docks, and traffic projections. Commissioner Weisensel, considering the 50% brick requirement, suggested brick fencing along the backside or breaking up the backside of the building with brick. Chairperson Droste requested that the actual percentage of glass be determined. Planning Commission Regular Meeting Minutes July 25, 2000 Page 6 MOTION by Droste to continue the public hearing on the KTJ Limited Partnership (Cub Foods) Planned Unit Development Amendment and Final Plat to August 8, 2000, at 7:00 p.m. Seconded by Shoe Corrigan. Ayes: Weisensel, Napper, Droste, and Shoe Corrigan. Nays: 0. Motion carried. Chairperson Droste recessed the meeting for five minutes. The meeting reconvened at 10:05 p.m. Chairperson Droste recessed the regular Planning Commission meeting and convened the Board of Appeals Adjustments. Public Hearing: Vermillion State Bank Variance to Setbacks Chairperson Droste opened the public hearing on the application by Vermillion State Bank for a variance to setback requirements. 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 indicated that Vermillion State Bank wishes to relocate to the former Tom Thumb site. The bank has requested a variance to setbacks for three sides of the building in order to construct a drive through lane. Mr. Pearson summarized the setback encroachments and possible resolutions. Lack of snow storage space and traffic circulation present concerns. Chairperson Droste opened the floor to the applicant. Kevin Pedelty appeared on behalf of the Vermillion State Bank. Mr. Pedelty summarized improvements planned for the site. He indicated that approximately 70% of the bank's business is drive through. The variance on the south side is not required as initially anticipated. Snow storage would not be a problem because the bank has the snow hauled away. Commissioners discussed the possibility of a drive through lane in the front of the building. Stacking problems and the turning radius presented unsafe conditions. Mr. Pedelty indicated the option of constructing a new building on the site was cost prohibitive. Mr. Pearson explained that at the time the building was constructed, the parcel was never combined, resulting in a property line which bisects the building. This would have to be corrected if a variance is granted. Commissioner Napper indicated he would rather see a bank in this location. 1111 Chairperson Droste opened the floor to the public. There were no comments. Planning Commission Regular Meeting Minutes July 25, 2000 Page 7 MOTION by Droste to close the public hearing. Seconded by Napper. Ayes: Napper, Droste, Shoe Corrigan, and Weisensel. Nays: 0. Motion carried. MOTION by Weisensel to deny the variance because of an inability to meet the findings specified by Section 14.2G of the zoning ordinance. Seconded by Droste. Ayes: Droste, Shoe Corrigan, Weisensel, and Napper. Nays: 0. Motion carried. Chairperson Droste closed the Board of Appeals Adjustments and reconvened the regular 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 10:30 p.m. Respectfully submitted ICQ))4ASL( Dianne G. Quinnell Recording Secretary `y CITY O F RO S E M O U N T 2875 1 West Rosemount, MN Everything's Coming Up Rosemount!! 55068-4997 Phone 651-423-4411 Hearing Impaired 651 423 -6219 Planning Commission Fax 651-423-5203 Regular Meeting Minutes August 8, 2000 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, August 8, 2000. Chairperson Bill Droste called the meeting to order at 6:30 p.m. with members Myron Napper and Jeffery Weisensel present. Commissioner Kim Shoe Corrigan was absent. Also in attendance were City Planner Rick Pearson, Community Development Director Jim Parsons, Community Development Intern Julie Hoium, and Councilmember Sheila Klassen. There were no additions or corrections to the agenda. MOTION by Droste to approve the July 25, 2000 Regular Planning Commission Meeting Minutes. Seconded by Weisensel. Ayes: Napper, Droste, and Weisensel. Nays: 0. Motion carried. New Business: Modification to Development Program for Development District No. 1 and to the TIF Plan for Downtown District Mr. Parsons summarized the requested changes to the budget for the Downtown Tax Increment District No. 1. The pre -1979 district is scheduled to expire in the spring. The proposed changes will bring the budget in line with the actual history over the years. Additionally, staff will add to the plan a list of property identification numbers for properties already acquired with the tax increment funds and for possible acquisitions prior to expiration of the district. These funds will be used for acquisition of the Quonset hut, for example. No modification is being made to the boundaries of the district. Commissioner Napper inquired about the existing business at the Quonset hut site. Mr. Parsons explained the owner of the building will get relocation benefits and reimbursement for the value of the building. Discussions continued concerning revenues generated and increased amounts. MOTION by Droste to approve proposed modifications to TIF Plan for Downtown TIF District No. 1. Seconded by Napper. Ayes: Droste, Weisensel, and Napper. Nays: 0. Motion carried. Chairperson Droste recessed the meeting until 7:00 p.m. Councilmember Klassen provided insight on the City Council's perception of the scheduled public hearings. All of the public hearings are within city policy. The Cub Foods and Dolejs /Shenanigans matters are covered under a Concept PUD approved in 1997. Heritage Development received concept approval for Carrousel Plaza Townhomes Planning Commission Regular Meeting Minutes August 8, 2000 Page 2 in May, 2000. The Master Transmission proposal is in keeping with zoning regulations and the downtown enhancement plan. Public Hearing: KTJ Limited Partnership (Cub Foods) PUD Amendment and Final Plat (Continued from 7- 25 -00) This matter was before the Planning Commission on July 25, 2000 for a public hearing. The public hearing was continued for further discussion. Mr. Pearson highlighted changes to the site plan. The Cub building has been reduced from 80,000 sq.ft. to 68,018 sq.ft. An 8 foot masonry wall is included along the southern edge. There is an increased proportion of brick on the smaller retail buildings. The signs have been reduced from 300 sq.ft. to two signs totaling 270 sq.ft. The sign at 151 St. will be turned off at 11:30 p.m. Outdoor pedestrian furnishings for eating and resting are added, along with increased plantings. The developer agreed to installation of sidewalks and additional acorn lights. Mr. Pearson displayed pictures of existing Cub stores. Approximately 50% of the Cub stores are located adjacent to or across from residential neighborhoods. Mr. Pearson illustrated commercial areas in the city and reviewed land use east of Highway 3, explaining why that area is not available for this type of commercial development. The Cub proposal meets city standards and is consistent with the planned development for the area. After working with the developer for the Shenanigans development to the west, the developer for Cub shifted the driveway on Crestone further north to align with Shenanigans driveway. Discussions continued concerning the amount of brick, hours of operation, and architectural standards. Mr. Pearson explained there is 47% brick overall. Hours of operation are limited by the PUD only for those businesses fronting Shannon Parkway. Commissioner Napper responded that the amount of brick is not the issue and that the audience is not interested in such discussions. He feels the reduction in size to 68,000 sq.ft. is not enough and that it will still knock out local businesses. Chairperson Droste opened the floor to the applicant. Paul Tucci of Oppidan was present and reviewed the changes made to the site plan. He indicated a willingness to work with the city on the two exceptions to the PUD, namely, signage and brick enhancements. Chuck Rickart, Engineer with WSB Associates, prepared the initial traffic study in 1996 and reviewed the results with present day plans. In 1996, traffic generation was 24,000 trips per day. Based upon the present development plans, Mr. Rickart estimates traffic generation at 25,600 trips per day. This is considered an insignificant change. The recommendations in the 1996 study assumed 100% development by 2001. Recommended improvements are well in excess of what Cub needs. There are 111 significant access roads to disperse traffic. Mr. Rickart reviewed the traffic patterns for the Cub and Shenanigans parcels. Chairperson Droste opened the floor to the public. Planning Commission Regular Meeting Minutes August 8, 2000 Page 3 Monika Oeltjen, doesn't feel that Cub fits in and residents do not want it in their back yards. She brought pictures of Cub stores in Apple Valley and Shakopee, along with the wall behind Wal Mart. She does not like the "Low Price Leader" sign displayed in the front of Cub. She thought there would be soft retail at this location. Tom McCarty, 14037 Dartmouth Path, noted that if Rosemount limited businesses to just one, there would be just one pharmacy, one auto parts store, etc. Price shopping is difficult when you have to travel out of the area. Ray Connelly, Connelly Realty, 12904 Nicollet Avenue, Burnsville, addressed concerns with devaluation of property as a result of Cub. He met with the Scott County Assessor to discuss the effect on land values as a result of the Cub store in Shakopee and Rainbow store in Savage. Scott County showed an increase of 6 -8% in housing value. A study performed by Dakota County on townhouses surrounding the Cub store in Eagan showed a rise in valuation of 8% per year, compared to Eagan's overall rate of 9.2 John Mills, 15130 Crestview Circle, raised issues with property values, indicating a 15- 20% property loss could be expected as a result of Cub. It was his understanding that the site was to be developed as a strip mall with specialty shops and restaurants. He has concerns with 151 Street bearing a great deal of the traffic. He wants to see the plan changed to keep the traffic flow off 151 St. He also expressed concerns with ponding and asked who would be responsible if their homes flood. Mr. Pearson addressed concerns with infrastructure and ponding. Mr. Rickart added that 151 St. was constructed as a reliever to traffic on CSAH 42. Bernie Strohsuf, is concerned with traffic and inquired about the number of trucks estimated per day and the route they will follow. Mr. Tucci responded to Mr. Strohsuf's questions, indicating that approximately 20 trucks could be expected each day. He summarized the anticipated routes. Mr. Strohsuf wants to see access to 151 St. closed. Bill Day, 14955 Crestview Ave., has concerns with traffic congestion on CSAH 42 and traffic injuries. He is opposed to the big box retail. Karen Danay, 14655 Cimarron Ave., expressed support for the Cub store and explained it will provide job opportunities. She finds the local businesses are limited and prices are much higher. She would rather not have to go to other towns for shopping. Steve Kopel, 12757 Danbury Path, also offered support for the Cub store. He felt that if the store meets the PUD requirements it should be allowed to move forward. He further indicated that competition is good and a free enterprise system will help keep prices down. Cub will provide a good tax base and will fit well into the growing community. Steve Casey, 15455 Danville Ave., referred to the PUD and architectural design standards. He does not believe the Cub proposal meets the requirements of sensitivity to Planning Commission Regular Meeting Minutes August 8, 2000 Page 4 the surrounding neighborhood and achievement of a neighborhood center, look and feel. He is opposed to the 24 hours of operation and larger signs. He also asked that the hours for deliveries be limited as he found in Shakopee and Bloomington. He wants a retail development closer to the concept plan. Kelley McGivern, 15173 Claret Ave., does not feel the PUD requirements have been met. He believes a new traffic study must be done. He is concerned with noise and light pollution. Mr. McGivern provided photographs of surrounding retail developments. MOTION by Droste to close the public hearing. Seconded by Weisensel. Ayes: Weisensel, Napper, and Droste. Nays: 0. Motion carried. Commissioner Napper addressed concerns with truck traffic flow and suggested eliminating the corner greenspace on 151 St. to allow traffic off Crestone Ave. and take traffic off 151 St. He feels that additional downsizing would have less impact on existing businesses. Chairperson Droste inquired about greenspace and clarified that outside storage of garbage is not allowed. He prefers two signs totaling 270 sq.ft., rather than three signs. He suggested that any recommendations concerning traffic flow be subject to appropriate engineering approvals. He also recommended that the 50% brick requirement be met. Commissioner Weisensel liked the buffering in the back. He also prefers two signs and the time restriction for sign lighting in the southwest corner. He clarified for residents that by closing the driveway access to 151 St. and eliminating the corner greenspace on 151 to allow access off Crestone Ave., buffering in that area would be significantly reduced. Discussions continued concerning future expansion and the threshold for a public hearing. Commissioners requested that any amount of expansion require a public hearing. MOTION by Droste to recommend that the City Council approve the PUD Amendment for KTJ Limited Partnership on Outlot B, McNamara Addition subject to: 1) Execution of an amendment to the PUD Agreement; 2) Revision of Grading, Parking and Utility plans as necessary in accordance with recommendations by the Consulting Engineer; 3) Additional landscaping for screening along 151 Street West to buffer the loading docks; 4) Installation of sidewalks along Crestone Avenue and provide pedestrian links to all of the buildings; 5) Provision of "Acorn" lights along Crestone Avenue and reducing the height of the light standards to 30 feet and that lighting intensity and color shall be consistent with existing General Commercial development; 6) Compliance with all applicable building and fire codes; 7) Modification to traffic flow from Crestone Avenue and Claret Avenue by closing the driveway access to 151 Street, subject to approval by the Consulting Engineer and Fire Marshal; 8) Requiring that any future expansions will require a public hearing; 9) Signage shall consist of two signs totaling 270 sq.ft., with the lighted sign at the corner of Crestone Avenue and 151 Street to be turned off at 11:30 Planning Commission Regular Meeting Minutes August 8, 2000 Page 5 p.m.; 10) Compliance with the 50% brick requirement. Seconded by Weisensel. Ayes: Napper, Droste, and Weisensel. Nays: 0. Motion carried. Public Hearing: Francis Dolejs Site Plan Review/Final Plat Chippendale Retail Development Chairperson Droste opened the public hearing on the application by Francis Dolejs for the Site Plan Review and Final Plat for Chippendale Retail Development. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson described the three -phase development plans for Chippendale Retail Development, consisting of the 10,000 sq.ft. Shenanigans retail liquor store, a 3,000 sq.ft. combination retail/fast food building, and 16,000 sq.ft. retail building. The plans conform to the PUD requirements. Access was reviewed, along with building architectural designs, lighting and landscaping. Acorn lighting must be included along Crestone Ave. Chairperson Droste opened the floor to the applicant. The applicant was present, along with Gary Tucci, developer. Mr. Tucci reviewed the extensive landscaping and screening, along with the architectural design. All landscaping and berming will be completed as part of Phase 1. Chairperson Droste opened the public hearing. Jean Chant, 15124 Crestview Circle, inquired whether there are any regulations on exterior hanging banners. MOTION by Droste to close the public hearing. Seconded by Weisensel. Ayes: Droste, Weisensel, and Napper. Nays: 0. Motion carried. Commissioner Weisensel confirmed that there are no ordinances restricting a liquor business within close proximity of a child care facility. Discussions continued concerning possible changes to the sign ordinance. Councilmember Klassen offered to present the issue to the City Council at its work session. MOTION by Droste to approve the site plan for the Chippendale Retail Development requested by Francis C. Dolj es subject to: 1) Realignment of the Crestone Avenue entrance to match the Cub Foods driveway; 2) Provision of additional sidewalk connections to the perimeter of the site and connecting phase 1 to the sidewalk on 151 Street West; 3) Incorporation of recommendations relative to drainage, grading, streets /driveways and utilities made by the Consulting Engineer; 4) Installation of "Acorn" lights on Crestone Avenue and lighting consistency with adjacent development; Planning Commission Regular Meeting Minutes August 8, 2000 Page 6 5) Approval and recording of a final plat; 6) Execution of a PUD agreement to secure the future phases; 7) Conformance with all applicable building, fire and zoning codes. Seconded by Weisensel. Ayes: Weisensel, Napper, and Droste. Nays: 0. Motion carried. MOTION by Droste to recommend that the City Council approve the Final Plat subject to: 1) Payment of Park Dedication G.I.S. fees as specified in the current fee resolution; 2) Execution of a subdivision agreement to secure public infrastructure as needed; 3) Approval of the Dakota County Plat Commission. Seconded by Weisensel. Ayes: Napper, Droste, and Weisensel. Nays: 0. Motion carried. Public Hearing: Heritage Development PUD Final Development Plan and Preliminary Plat for Carrousel Plaza South Chairperson Droste opened the public hearing on the application by Heritage Development for the PUD Final Development Plan and Preliminary Plat for Carrousel Plaza South. 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. Ms. Hoium provided details on the 38 -unit townhome development located east of Chippendale Avenue, south of the movie theater. Access to the development is by an extended cul -de -sac entering from a private driveway shared with the theater. Staff recommends modifications to the plans to include additional screening on Chippendale Ave. and between the theater and townhomes, bituminous sidewalks along Chippendale Ave. connecting to the sidewalks along Claret Springs East, sidewalks along the interior private street, and a berm along the northern property line. Additionally, modifications are required to eliminate deck encroachments in the drainage utility easement and to increase garage sizes and the number of parking stalls to meet city standards. Ms. Hoium indicated a 100% opaque wall or fence is the desired screening between the townhomes and theater. The developer must secure any required easement for the berm along the northern property line. Chairperson Droste opened the floor to the Applicant. Tom Von Bishe of Heritage Development indicated he is willing to make all modifications as requested by staff. He is not in favor of sidewalks along the interior private street. He will work with the theater regarding the berm. Chairperson Droste opened the public hearing. There were no comments. MOTION by Droste to close the public hearing. Seconded by Weisensel. Ayes: Droste, Weisensel, and Napper. Nays: 0. Motion carried. Discussions continued concerning sidewalks along the interior private street. Commissioners also discussed screening, including additional screening for the townhome units along the driveway. Commissioners recommended that screening Planning Commission Regular Meeting Minutes August 8, 2000 Page 7 consist of a masonry/brick wall, possibly with wrought iron included. No variances will be required for this development upon completion of the requested modifications. MOTION by Droste to recommend that the City Council approve the Final PUD Development Plan and Preliminary Plat for Carrousel Plaza South subject to: 1) Conformance with the requirements of Section 4.18. and 8.3 of the zoning ordinance and the conditions of Resolution 2000 -51; 2) Conformance with architectural detail of townhomes as shown on the architectural design and elevation plans submitted to the City, drawn by Johnson, Sheldon Sorensen on August 20, 1996, to ensure they are built as proposed; 3) Installation of a sidewalk or trail along Chippendale Avenue and on the proposed private street; 4) Rezone to BP -4, Business Park; 5) Plan revisions including: a) Modification to the plan to eliminate the deck encroachment onto the southern utility easement; b) Landscape enhancements as necessary to provide sufficient screening along Chippendale Avenue, and along the northern property line to screen the townhomes and the movie theater; c) Adjustments to the plan to provide the sufficient number of common parking stalls and properly sized garage spaces; 6) Installation of a masonry or similar type or wrought iron fence for screening. Seconded by Napper. Ayes: Weisensel, Napper, and Droste. Nays: 0. Motion carried. Public Hearing: Master Transmission Concept Commercial PUD Chairperson Droste opened the public hearing on the application by Stephen Jensen for the Concept Commercial PUD for Master Transmission. 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 Stephen Jensen to redevelop the Master Transmission site by demolishing the current facility and constructing a new transmission repair shop. Mr. Pearson reviewed the site plan, architectural designs, landscaping, and greenspace. A PUD is required due to the reduced setbacks. In return for the setback amnesty, a six foot masonry wall, 160' long, will be installed along the western edge for screening the three residential lots. The dumpster enclosure will also be masonry. In addition, significant green/landscaped space exceeding 30% of the site will be made available on the southerly portion of the site. Commissioners discussed the driveway easement and sidewalks, along with conformance to the streetscape plan. The site is zoned C -4 Community Commercial, which allows the transmission repair facility. Chairperson Droste opened the floor to the Applicant. Stephen Jensen was present. Mr. Jensen explained that the building is designed for low impact on the neighborhood. Chairperson Droste opened the floor to the public. There were no comments. Planning Commission Regular Meeting Minutes August 8, 2000 Page 8 MOTION by Droste to close the public hearing. Seconded by Napper. Ayes: Napper, Droste, and Weisensel. Nays: 0. Motion carried. Discussions continued concerning landscaping, screening from the residential area, screening the parking area, berming along the south, and storage of vehicles. MOTION by Droste to recommend that the City Council approve the Concept Commercial Planned Unit Development for Master Transmission subject to: 1) Adoption of findings in support of PUD; 2) Coordination of the driveway entrance with the South Robert Trail Streetscape Plan; 3) Conformance with the requirements for PUD Final Development Plan. Seconded by Weisensel. Ayes: Droste, Weisensel, and Napper. Nays: 0. Motion carried. Chairperson Droste revised the KTJ Limited Partnership (Cub Foods) matter. The motion for the final plat had been overlooked. MOTION by Droste to approve the final plat for Outlot B, McNamara Addition subject to: 1) Payment of Park Dedication and G.I.S. fees in accordance with the current fee schedule; 2) Execution of a subdivision agreement to secure public and private improvements; 3) Approval of the Dakota County Plat Commission. Seconded by Weisensel. Ayes: Weisensel, Napper, 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 10:36 p.m. Respectfully submitted, Dianne G. Quinnell Recording Secretary CITY HALL CITY OF ROSEMOUNT 2875-145th Street West Rosemount, MN Everything's Coming Up Rosemount!! 55068-4997 Phone 6514234411 Hearing Impaired 651. 423 -6219 Planning Commission Fax 651-423-5203 Regular Meeting Minutes August 22, 2000 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, August 22, 2000. Chairperson Bill Droste called the meeting to order at 6:40 p.m. with members Myron Napper, Kim Shoe Corrigan, and Jeffery Weisensel present. Also in attendance was City Planner Rick Pearson. There were no additions or corrections to the agenda. MOTION by Droste to approve the August 8, 2000 Regular Planning Commission Meeting Minutes. Seconded by Napper. Ayes: Napper, Droste, Shoe Corrigan and Weisensel. Nays: 0. Motion carried. Discussion Chairperson Droste shared for discussion published articles on a new Cub Foods store and adjacent retail in Blaine, together with articles on affordable housing in Eagan and III Lakeville. The focus of the articles is on the change in demand to affordable housing. Chairperson Droste recessed the meeting at 6:55 p.m. Public Hearing: RCD Real Estate Partnership Lot Split Chairperson Droste opened the public hearing on the application by RCD Real Estate Partnership for a Lot Split. 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 request by RCD Real Estate to split five acres from a 25- acre parcel. It is anticipated that Interstate Battery will locate at this site. The 5 -acre parcel is located on 160 St. next to Dakota Fence. The lot will have access from 160 St., and is on a frontage road with a cul -de -sac turnaround. Chairperson Droste opened the floor to the applicant. David Fischer, Curt Fischer, and Stan Palmer were present to answer questions. Chairperson Droste opened the public hearing. There were no comments. MOTION by Droste to close the public hearing. Seconded by Weisensel. Ayes: Droste, Shoe Corrigan, Weisensel, and Napper. Nays: 0. Motion carried. 0 MOTION by Weisensel to recommend that the City Council approve the lot split for RCD Real Estate Partnership subject to: 1) Approval of the Dakota County Plat Commission; 2) Incorporation of recommendations relative to access /public streets, utilities and street easement /right -of -way needs as identified by the City's Consulting Planning Commission Regular Meeting Minutes August 22, 2000 Page 2 Engineer; 3) Payment of required fees as specified by the current fee schedule including: a) Storm Drainage Capital Charges; b) GIS fees; c) City WAC charges; d) Park Dedication; 4) Cross access easements (if needed) with adjoining properties. Seconded by Droste. Ayes: Shoe Corrigan, Weisensel, Napper, 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 7:07 p.m. Respectfully submitted, Dianne G. Quinnell Recording Secretary CITY HALL CITY OF ROSEMOUNT 2875 -145th street West Rosemount, MN 55068 -4997 Everything's Coming Up Rosemount!! Phone: 651- 423 -4411 Hearing Impaired 651 423 -6219 Planning Commission Fax: 651-423-5203 Regular Meeting Minutes September 12, 2000 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, September 12, 2000. Chairperson Bill Droste called the meeting to order at 8:00 p.m. with members Myron Napper, Kim Shoe Corrigan, and Jeffery Weisensel present. Also in attendance was City Planner Rick Pearson. There were no additions or corrections to the agenda. MOTION by Droste to approve the August 22, 2000 Regular Planning Commission Meeting Minutes. Seconded by Weisensel. Ayes: Napper, Droste, Shoe Corrigan and Weisensel. Nays: 0. Motion carried. Chairperson Droste moved the New Business agenda items to follow the scheduled public hearings. Public Hearing: Carlson Properties of Rosemount Lot Split Chairperson Droste opened the public hearing on the application by Carlson Properties of Rosemount for a Lot Split. 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 Carlson Properties of Rosemount to divide a 2.18 acre commercial lot. The parcel is located in the northeast corner of Chippendale Ave. and Carrousel Way. An office building is anticipated for the northern parcel. The split will create two parcels, which meet the minimum standards in the Commercial District. Staff recommends that the two lots share a driveway onto Chippendale Avenue with cross access easements. Additionally, staff recommends that public improvements be secured, including sidewalks /trails and streetlights. Chairperson Droste opened the floor to the applicant. Cliff Carlson was present on behalf of Carlson Properties of Rosemount. Mr. Carlson indicated the shared driveway is acceptable. Mr. Carlson requested that the recommended public improvements be put in when the property is developed and assessed to the new property owner. Mr. Carlson explained that Park Dedication fees were previously paid on the original South Rose plat. He did not feel that additional fees are warranted at this time. Mr. Pearson responded that the applicant could request relief from the City Council for payment of the fees. Chairperson Droste opened the public hearing. There were no comments. MOTION by Droste to close the public hearing. Seconded by Weisensel. Ayes: Droste, Shoe Corrigan, Weisensel, and Napper. Nays: 0. Motion carried. Planning Commission Regular Meeting Minutes September 12, 2000 Page 2 MOTION by Droste to recommend that the City Council approve the simple lot split for Lot 1, Block 1, South Rose Park 3 Addition subject to: 1) Payment of fees required according to the current fee schedule including G.I.S. and Park Dedication; 2) Incorporation of recommendations by the Consulting Engineer concerning access, easements, utilities and public improvements /infrastructure; 3) Provision of one driveway access to Chippendale Avenue serving both lots and recording of cross access easements and maintenance agreements for both parcels relative to the use, construction and maintenance of the driveway in a form acceptable to the City Attorney; 4) Execution of a subdivision agreement to secure sidewalks (or trails) along Chippendale Ave. and Carrousel Way and "acorn" style street lights as needed. Seconded by Weisensel. Ayes: Shoe Corrigan, Weisensel, Napper, and Droste. Nays: 0. Motion carried. Public Hearing: Comp Plan Implementation Business Park Rezonings Chairperson Droste opened the public hearing on Business Park rezonings in implementation of the Comprehensive Plan. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson indicated that state law requires that a city's zoning be in conformance with its adopted Comprehensive Plan. In implementation of the Comprehensive Plan, staff is proposing that land designated for Business Park use be rezoned accordingly. The rezoning pertains to approximately 245 acres south of the Rosemount Business Park, east of Hwy. 3 and west of Biscayne Ave. Mr. Pearson reviewed the permitted uses and building standards in the BP -1 and BP -2 zoning districts. Mr. Pearson explained that the BP -2 designation is suggested for areas with higher profile, resulting in a higher expectation for architectural materials, along with no outside storage. Chairperson Droste opened the public hearing. Leo Stern, 206 Central Ave., Minneapolis, is part owner of the parcel designated for BP -2 zoning. The BP -2 designation is based upon the parcel's potential access and exposure to Hwy. 3 after it is relocated. Mr. Stern opposed the BP -2 zoning for his parcel, which would impose higher architectural standards based upon potential access to Hwy. 3 that does not exist at this time. Mr. Stern feels the City should base a zoning decision on facts as they now exist, not upon a conceptual plan. Mr. Pearson responded that, based upon conversations with MnDOT, he feels an intersection on Hwy. 3 at the location of the Stern parcel is almost a certainty. This would be a key intersection with high visibility, requiring the same standards as Port Authority property on CSAH 42. Rezonings can be requested as the property is subdivided and developed. Planning Commission Regular Meeting Minutes September 12, 2000 Page 3 Mr. Stern feels the City is placing a straight jacket on development by imposing conditions and additional costs with the BP -2 zoning. Doug Dehmlow, 15725 Biscayne Ave., inquired about future use of his property and whether the rezoning will affect his taxes. Mr. Pearson explained that taxes are based on use and that rezoning does not influence how property is taxed. Mr. Dehmlow can maintain the residential use of his property, however, the status will become legal non conforming. This status restricts Mr. Dehmlow's ability to expand his home and prohibits rebuilding if his home is damaged beyond 50 MOTION by Droste to close the public hearing. Seconded by Napper. Ayes: Weisensel, Napper, Droste and Shoe Corrigan. Nays: 0. Motion carried. Commissioners compared standards imposed by BP -1 and BP -2 and discussed whether the more stringent standards in BP -2 should be imposed more extensively. This would be more consistent with Port Authority development on CSAH 42. A BP -2 zoning could be changed if warranted by a future development. Mr. Pearson suggested double zoning designations on parcels, placing BP -1 on the isolated, interior segments and BP -2 on outer, more visible segments. Commissioners reviewed options to delineate between the two zoning designations. MOTION by Shoe Corrigan to recommend that the City Council approve the change in zoning to Business Park -1 and Business Park -2, and further recommending that the areas designated for BP -2 zoning include: a) the Stern/Hammel parcel; b) the Harold Anna Wachter parcel north of the quarter section line and c) properties along Biscayne Avenue, east of the pipeline easement. Seconded by Droste. Ayes: Napper, Droste, Shoe Corrigan, and Weisensel. Nays: 0. Motion carried. New Business: Evermoor Final Plats Mr. Pearson presented the final plats for Evermoor, Evermoor 2' Addition, and Evermoor 3 Addition. The final plats are consistent with the approved preliminary plat. Mr. Pearson summarized minor adjustments involving certain lots, which the developer has agreed to change. Commissioners reviewed setbacks, along with a change in the trail access in the Upplands section. Discussions continued concerning grading done to the high point, tree preservation, and the wetland east of Shannon Parkway. MOTION by Droste to recommend that the City Council approve the final plat for Evermoor subject to: 1) Execution of a subdivision agreement to secure public infrastructure including parks, streets and utilities; 2) Incorporation into the plat of recommendations of the Engineering/Public Works Department and the Consulting Planning Commission Regular Meeting Minutes September 12, 2000 Page 4 Engineer regarding drainage, easements, grading, public private streets and utilities; and 3) Modification of the plat to provide additional lot depth to one side of Lot 2, Block 8. Seconded by Napper. Ayes: Droste, Shoe Corrigan, Weisensel, and Napper, Nays: 0. Motion carried. MOTION by Droste to recommend that the City Council approve the final plat for Evermoor 2 Addition subject to: 1) Execution of a subdivision agreement to secure public infrastructure including parks, streets and utilities; 2) Incorporation into the plat of recommendations of the Engineering /Public Works Department and the Consulting Engineer regarding drainage, easements, grading, public private streets and utilities; and 3) Modification of the plat to provide additional lot width for Lots 31 and 33, Block 4. Seconded by Weisensel. Ayes: Shoe Corrigan, Weisensel, Napper, and Droste. Nays: 0. Motion carried. MOTION by Droste to recommend that the City Council approve the final plat for Evermoor 3 Addition subject to: 1) Execution of a subdivision agreement to secure public infrastructure including parks, streets and utilities; 2) Incorporation into the plat of recommendations of the Engineering /Public Works Department and the Consulting Engineer regarding drainage, easements, grading, public private streets and utilities; 3) Recording of cross access easements for access to lots 1 and 2, Block 1 with Lot 3, Block 1; and 4) Change "1" to "2" for Block 2 on page 3 of 3. Seconded by Weisensel. Ayes: Weisensel, Napper, Droste, and Shoe Corrigan. Nays: 0. Motion carried. Commissioners requested that a drive through of the Evermoor project be arranged for the Planning Commission meeting on September 26. The starting time for the meeting will be changed to 6:00 p.m. 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, dept Dianne G. Quinnell Recording Secretary CITY HALL CITY OF RO S E M O U N T 1 2875 145th Street West 0 11. Rosemount, MN 55068.4997 Everything's Coming Up Rosemount!! Phone 651 423 4411 Planning Commission Heari Impaired 651 423 6219 Fax 651 423.5203 Regular Meeting Minutes October 10, 2000 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, October 10, 2000. Chairperson Bill Droste called the meeting to order at 6:30 p.m. with members Myron Napper and Kim Shoe Corrigan present. Commissioner Jeffery Weisensel arrived at 6:55 p.m. Also in attendance was City Planner Rick Pearson. There were no additions or corrections to the agenda. MOTION by Droste to approve the September 12, 2000 Regular Planning Commission Meeting Minutes. Seconded by Shoe Corrigan. Ayes: Napper, Droste, and Shoe- Corrigan. Nays: 0. Motion carried. Discussion Commissioner Shoe Corrigan shared information concerning a grant available for a greenway project. A greenway corridor has been established around the seven county metropolitan area. In Rosemount, this includes the Mississippi River area. The application for the grant is due January 26, 2001. New Business: Evermoor 4th Addition Final Plat Mr. Pearson presented the final plat for Evermoor 4 Addition. This final plat pertains to the northern half of the Crosscroft detached townhome development, located east of Shannon Parkway and south of Shannon Park Elementary School. The final plat is in conformance with the preliminary plat. One issue noted by Mr. Pearson involves a "notch" resulting from the redesigned street, which requires an easement from O'Neills for the street construction. A temporary road providing access from Shannon Parkway will be constructed across two of the lots. Chairperson Droste inquired about traffic and safety issues due to the corner location on Shannon Parkway for the temporary road access and whether a stop sign would be installed. Commissioner Shoe Corrigan requested that the wetlands be reviewed to ensure that sufficient buffer is provided. MOTION by Shoe Corrigan to recommend that the City Council approve the final plat for Evermoor 4 Addition subject to: 1) Execution of a subdivision agreement to secure public infrastructure including parks, streets and utilities; 2) Incorporation into the plat of recommendations of the Engineering/Public Works Department and the Consulting Engineer regarding drainage, easements, grading, public private streets and utilities; 3) Provision of an easement over the Phase II "notch" area next to Outlots B, J and K; and Planning Commission Regular Meeting Minutes October 10, 2000 Page 2 4) Execution of the PUD Amendment agreement. Seconded by Droste. Ayes: Droste, Shoe Corrigan, Weisensel, and Napper; Nays: 0. Motion carried. Public Hearing: Cindy Pasbrie (Taco John's) Site Plan Review Chairperson Droste opened the public hearing on the application by Cindy Pasbrig for a site plan review concerning a Taco John's restaurant. 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 plans for a 2,200 sq.ft. Taco John's restaurant at the corner of Canada Ave. and 151 Street. The restaurant will have driveway access to both streets. A drive through is planned with the order window located on the north side of the building and the pick -up window on the south side. Staff recommends one -way traffic circulation in an easterly direction on the south side of the building, clearly marked with striping. Building elevations were reviewed. While the proposed sign is 11 sq.ft. larger than allowed, the applicant has indicated she is willing to reduce the size of the sign to meet city standards. Chairperson Droste opened the floor to the applicant. Cindy Pasbrig was present and presented a revised plan for signage that meets city requirements. 41 Chairperson Droste opened the public hearing. Kevin Weitzel, Dairy Queen owner, inquired about sign location and the lighting plan. MOTION by Droste to close the public hearing. Seconded by Weisensel. Ayes: Shoe Corrigan, Weisensel, Napper, and Droste. Nays: 0. Motion carried. Ms. Pasbrig confirmed that the hours of operation would probably be 10:30 a.m. to 10:30 p.m., which coincides with surrounding restaurants. MOTION by Weisensel to approve the Taco John's Site Plan Review subject to: 1) Striping for the drive through and one -way circulation (eastbound on the south side only); 2) Incorporation of recommendations relative to grading and utilities as needed by the City Consulting Engineer; 3) Reducing the ground/pylon sign to 100 sq.ft. in accordance with the Sign Ordinance; and 4) Conformance with all applicable building and fire codes. Seconded by Shoe Corrigan. Ayes: Weisensel, Napper, 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 7:20 p.m. ectfully su 'tted, ianne G. Quinn- 1 Recording Secretary CITY HALL TtLIO CITY OF ROSEMOUNT 2875 145th Street West Rosemount, MN Everything's Coming Up Rosemount" 55068 4997 g p Phone 651.423 4411 Planning Commission Heari Impaired 651-423-6219 l' Fax: 651 423.5203 Regular Meeting Minutes November 14, 2000 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, November 14, 2000. Chairperson Bill Droste called the meeting to order at 6:30 p.m. with members Myron Napper and Kim Shoe Corrigan present. Commissioner Jeffery Weisensel was absent. Also in attendance was City Planner Rick Pearson. There were no additions or corrections to the agenda. MOTION by Droste to approve the October 10, 2000 Regular Planning Commission Meeting Minutes. Seconded by Shoe Corrigan. Ayes: Napper, Droste, and Shoe Corrigan. Nays: 0. Motion carried. Discussion Chairperson Droste initiated discussion concerning the issue of "smart growth the topic of an upcoming seminar. New Business: Carrousel Plaza Townhomes Final Plat Mr. Pearson presented the final plat for Carrousel Plaza Townhomes, located east of Chippendale Avenue and south of Carrousel Way and the movie theater. The final plat is consistent with the approved PUD. Discussions continued concerning the shared driveway and cross access easements. Mr. Pearson explained there is an expectation that easements will be signed. Commissioners reviewed plans for screening provided by the fence and berm. MOTION by Droste to recommend that the City Council approve the final plat for Carrousel Plaza Townhomes subject to: 1) Execution and recording of PUD and Subdivision Agreements for the project to secure public and private infrastructure to serve the development; 2) Payment of G.I.S., Park Dedication and all other applicable development related fees in accordance with the current fee schedule; 3) Incorporation of recommendations relative to grading, public and private streets and utilities as identified by the Consulting City Engineer; and 4) Vacation of existing drainage and utility easements relative to Blocks 4 and 5, which will be replaced with a new easement approved by the Consulting City Engineer. Seconded by Napper. Ayes: Droste, Shoe Corrigan, and Napper. Nays: 0. Motion carried. Chairperson Droste recessed the meeting at 6:50 p.m. for ten minutes. Chairperson Droste recessed the regular Planning Commission meeting and convened the Board of Appeals Adjustments. Planning Commission Regular Meeting Minutes November 14, 2000 11 Page 2 Public Hearing: Kenneth Hornisch Variance Chairperson Droste opened the public hearing on the application by Kenneth Hornisch for a variance to side and rear yard setbacks. 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 request by Mr. Hornisch for a variance to side and rear yard setbacks in order to construct a detached garage at 14280 Cantata Avenue. The existing tuck -under garage would be turned into living space and the driveway eliminated. A new driveway would run along the northern property line. The property is bordered by the high school on the north side and the middle school on the east side. In addition to the requested setbacks, there is a drainage and utility easement along the northern property line that would have to be vacated. Also, the proposal requires a variance for the impervious surface of 34 which is greater than the 30% allowed. Mr. Pearson presented alternatives to the garage location. Mr. Pearson pointed out the nonconforming quality of the surrounding neighborhood, explaining that out of 55 lots, 48 lots have setback encroachments and 13 lots actually encroach onto adjacent properties. Staff recommends that the drainage and utility easement be preserved and the applicant be required to stay as close as possible to the 30% impervious surface requirement. Commissioners reviewed the properties surrounding the subject property. Chairperson Droste opened the floor to the applicant. The applicant's contractor, Brian Voight, was present. Mr. Voight explained reasons why the alternate garage locations would not work. He indicated it would be possible to move the garage further south to preserve the drainage and utility easement. Chairperson Droste opened the public hearing. There were no comments. MOTION by Droste to close the public hearing. Seconded by Napper. Ayes: Shoe Corrigan, Napper, and Droste. Nays: 0. Motion carried. Discussions continued concerning the lot coverage requirement and setback variances. The extensive open space adjacent to the property may mitigate the lot coverage requirement. Commissioners felt the garage size of 24x22 is not unreasonable and that the findings for granting approval have been met. MOTION by Shoe Corrigan to grant the variance for rear yard setback and to the maximum impervious surface requirement for 14280 Cantata Avenue. Seconded by Droste. Ayes: Napper, Droste, and Shoe Corrigan. Nays: 0. Motion carried. Chairperson Droste closed the Board of Appeals Adjustments and reconvened the regular Planning Commission meeting. Planning Commission Regular Meeting Minutes November 14, 2000 41 Page 3 Public Hearing: RCD Real Estate Partnership Lot Split Chairperson Droste opened the public hearing on the application by RCD Real Estate Partnership for a lot split. 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 requested lot split involves approximately 20 acres located west of Biscayne Avenue and north of Dakota Fence on 160 St. The lot split would result in a five acre lot located north of Dakota Fence, providing future expansion space for Dakota Fence. The lot split is consistent with Business Park standards. Chairperson Droste opened the floor to the applicant. Representatives for the applicant were present to answer questions. Chairperson Droste opened the public hearing. There were no comments. MOTION by Droste to close the public hearing. Seconded by Napper. Ayes: Droste, Shoe Corrigan, and Napper. Nays: 0. Motion carried. MOTION by Droste to recommend that the City Council approve the lot split requested by RCD Real Estate subject to payment of G.I.S. and Park Dedication fees as specified in the current fee schedule. Seconded by Shoe Corrigan. Ayes: Shoe Corrigan, Napper, 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 7:45 p.m. Respectfully submitt d, 41111 4 Dianne G. Quinnell Recording Secretary CITY OF ROSEMOUNT 2 C!45 t H S A teetWest Rosemount, MN Everything's Coming Up Rosemount!! 55068-4997 Phone: 651 423 -4411 Planning Commission Hear Impaired 651-423-6219 Fax 651 423 -5203 Regular Meeting Minutes November 28, 2000 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, November 28, 2000. Chairperson Bill Droste called the meeting to order at 6:30 p.m. with members Myron Napper, Kim Shoe Corrigan, and Jeffery Weisensel present. Also in attendance were City Planner Rick Pearson and Councilmember Sheila Klassen. There were no additions or corrections to the agenda. MOTION by Droste to approve the November 14, 2000 Regular Planning Commission Meeting Minutes. Seconded by Shoe Corrigan. Ayes: Napper, Droste, and Shoe Corrigan. Present: Weisensel. Nays: 0. Motion carried. Chairperson Droste recessed the meeting at 6:35 p.m. for 25 minutes. Councilmember Klassen did not identify any issues with the Shafer Contracting mineral extraction permit renewal. Concerning the conditional use permit requested by Contractor Property Developers Company, Councilmember Klassen advised the Planning Commission that its review should be focused on the building. The City Council has discussed CPDC's request for a video franchise but has not yet reached a consensus approving the franchise. Public Hearing: Shafer Contracting Co., Inc. Mineral Extraction Permit 2001 Chairperson Droste opened the public hearing on the application by Shafer Contracting Co., Inc. for renewal of a Mineral Extraction Permit for 2001. The recording secretary has placed the Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Due to the failure of Rosemount Town Pages to publish the Public Hearing Notice, Mr. Pearson requested that the public hearing be continued to December 12, 2000. MOTION by Droste to open the public hearing and continue until December 12, 2000. Seconded by Napper. Ayes: Droste, Shoe Corrigan, Weisensel, and Napper. Nays: 0. Motion carried. Planning Commission Regular Meeting Minutes November 28, 2000 Page 2 Public Hearing: Contractor Property Developers Co. Administrative Plat and Conditional Use Permit Chairperson Droste opened the public hearing on the application by Contractor Property Developers Co. for an Administrative Plat and Conditional Use Permit for an essential services facility. The recording secretary has placed the Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Due to the failure of Rosemount Town Pages to publish the Public Hearing Notice, Mr. Pearson recommended the public hearing be continued to December 12, 2000, following a brief presentation. Mr. Pearson summarized CPDC's request for a CUP to allow construction of a 450 sq.& building to serve as a service center for telephone, interne, and possibly video service. The administrative plat would create a lot for the building and a remnant outlot for a monument sign. The site plan, landscaping plan, and building elevations were reviewed. Craig Rapp, representative of CPDC, further explained the applicant's intentions for the facility. He indicated that CPDC wishes to go ahead with the service facility regardless of whether a video franchise is obtained. He described the fiber -optic service proposed 41) for the development. Mr. Rapp described the aesthetics of the building, explaining that it is compatible with the surrounding neighborhood. MOTION by Droste to continue the public hearing until December 12, 2000. Seconded by Weisensel. Ayes: Shoe Corrigan, Weisensel, Napper, 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 7:25 p.m. Respectfully submitted, Dianne G. Quinnell Recording Secretary CITY O F RO S E M 0 U N T CITY HALL 2875 145th Street West Rosemount, MN Everything's Coming Up Rosemount" 55068 4997 Phone 651- 423 -4411 Planning Commission Hearing Impaired 651 423 -6219 Fax 651- 423 -5203 Regular Meeting Minutes December 12, 2000 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, December 12, 2000. Chairperson Bill Droste called the meeting to order at 6:30 p.m. with members Myron Napper, Kim Shoe Corrigan, and Jeffery Weisensel present. Also in attendance were City Planner Rick Pearson, Code Enforcement Official Sheila O'Bryan, Community Development Director Jim Parsons, and Councilmember Sheila Klassen. There were no additions or corrections to the agenda. MOTION by Weisensel to approve the November 28, 2000 Regular Planning Commission Meeting Minutes. Seconded by Droste. Ayes: Napper, Droste, Shoe Corrigan, and Weisensel. Nays: 0. Motion carried. Discussion Mr. Pearson informed Commissioners that the City Council recently changed the scheduled time for its public hearings from 8:00 p.m. to 7:30 p.m. to coincide with the start time of the meeting. Following discussion, Commissioners agreed to similarly change the scheduled time for future public hearings before the Planning Commission from 7:00 p.m. to 6:30 p.m., coinciding with the start time of the meetings. New Business Mr. Pearson announced there were no applications submitted to the Planning Department for hearing on December 26. Due to the holiday, Commissioners agreed it would be desirable to cancel the December 26 regular meeting. MOTION by Droste to cancel the Regular Planning Commission meeting for December 26, 2000. Seconded by Napper. Ayes: Droste, Shoe Corrigan, Weisensel, and Napper. Nays: 0. Motion carried. Chairperson Droste recessed the meeting at 6:40 p.m. for 20 minutes. Councilmember Klassen reviewed the public hearing agenda items and offered City Council perspective on the issues. The mining permit renewals do not present concerns, provided they are straight renewals. The proposed rezonings are in keeping with state law. The city council has not provided direction concerning the rezonings. Planning Commission Regular Meeting Minutes December 12, 2000 Page 2 Public Hearing: Contractor Property Developers Co. Administrative Plat and Conditional Use Permit Chairperson Droste opened the public hearing on the application by Contractor Property Developers Co. (CPDC) for an Administrative Plat and Conditional Use Permit for an essential services facility. This public hearing is continued from November 28, 2000. 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 request by CPDC for approval of a 450 sq.ft. facility providing telephone, internet, and potential cable services. The facility would be located at the northeast corner of Shannon Parkway Evermoor Parkway. The building is compatible with the surrounding neighborhood and meets setback requirements. Staff recommends the building materials be upgraded to 100% masonry. The administrative plat is necessary to divide the parcel into an outlot for the entry monument and a lot for the building. Chairperson Droste opened the floor to the applicant. Craig Rapp addressed the issue of the material recommendation. He displayed samples of the proposed building materials. The proposed materials will provide continuity with the monument and surrounding neighborhood. Discussion continued concerning maintenance of the facility. Chairperson Droste opened the floor to the public. There were no comments. MOTION by Droste to close the public hearing. Seconded by Weisensel. Ayes: Shoe Corrigan, Weisensel, Napper, and Droste. Nays: 0. Motion carried. Commissioners discussed the material recommendation of staff and materials proposed by the developer. Commissioners agreed the developer's proposal is acceptable provided the lower 2 foot band is changed to cultured stone in the front of the building, wrapped 12 inches around the corner. MOTION by Shoe Corrigan to recommend that the City Council approve the CUP for the essential service building subject to building enhancements consisting of a band of cultured stone consistent with the entry monument 2 feet high along the lower part of the building front. Seconded by Droste. Ayes: Weisensel, Napper, Droste, and Shoe Corrigan. Nays: 0. Motion carried. MOTION by Shoe Corrigan to recommend that the City Council approve the administrative plat for Evermoor Fifth Addition subject to execution and recording of restrictive covenants as needed to secure perpetual maintenance of the facility and landscaping. Seconded by Weisensel. Ayes: Napper, Droste, Shoe Corrigan, and Weisensel. Nays: 0. Motion carried. Planning Commission Regular Meeting Minutes December 12, 2000 Page 3 Commissioner Shoe Corrigan left the meeting at 7:20 p.m. Public Hearing: Shafer Contracting Co., Inc. Mineral Extraction Permit 2001 Chairperson Droste opened the public hearing on the application by Shafer Contracting Co., Inc. for renewal of a Mineral Extraction Permit for 2001. This public hearing is continued from November 28, 2000. 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. Sheila O'Bryan, Code Enforcement Official, presented the request by Shafer Contracting for renewal of its mineral extraction permit. Ms. O'Bryan summarized the mining activity for 2000 and indicated the mining pit is presently in phase 3 of the plan. Chairperson Droste opened the floor to the applicant. Scott Spisak was present to answer questions. Mr. Spisak confirmed that Shafer has promptly addressed any complaints from residents. Chairperson Droste opened the public hearing. There were no comments. MOTION by Droste to close the public hearing. Seconded by Napper. Ayes: Droste, Weisensel, and Napper. Nays: 0. Motion carried. MOTION by Droste to recommend that the City Council renew the mineral extraction permit for Scott Spisak of Shafer Contracting Co., Inc. subject to the attached conditions for 2001 and approval by the City Attorney. Seconded by Weisensel. Ayes: Weisensel, Napper, and Droste. Nays: 0. Motion carried. Public Hearing: Danner, Inc. Mineral Extraction Permit 2001 Chairperson Droste opened the public hearing on the application by Danner, Inc. for renewal of a Mineral Extraction Permit for 2001. 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. Code Enforcement Official Sheila O'Bryan presented the request by Danner, Inc. for renewal of its Mineral Extraction Permit for the year 2001. Ms. O'Bryan summarized the mining activity and indicated the pit is currently in the 2000 phase. Chairperson Droste opened the floor to the applicant. Jerry Bachman was available to answer questions. Discussions continued concerning mining activity anticipated for 2001. Chairperson Droste opened the floor to the public. There were no comments. Planning Commission Regular Meeting Minutes December 12, 2000 Page 4 MOTION by Droste to close the public hearing. Seconded by Weisensel. Ayes: Napper, Droste, and Weisensel. Nays: 0. Motion carried. MOTION by Droste to recommend that the City Council renew the mineral extraction permit for Marlon Danner of Danner Inc. subject to the attached conditions for 2001. Seconded by Weisensel. Ayes: Droste, Weisensel, and Napper. Nays: 0. Motion carried. Chairperson Droste recessed the regular Planning Commission meeting and opened the Board of Appeals and Adjustments. Public Hearing: Michael Kulhanek Lot Area Variance Chairperson Droste opened the public hearing on the application by Michael Kulhanek for a variance from lot area requirements. 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 request by Michael Kulhanek for a variance from lot area standards in order to construct a home on his .98 acre lot located on the north end of Blanca Avenue. The minimum lot size standard in the Rural Residential district is 21/2 acres. There are two wetlands on each side of the property. Typically, the city supports a variance for a substandard lot in the rural area if the applicant can show the lot is buildable. A survey of the lot was reviewed. Mr. Pearson noted four issues that the applicant must address, including, 1) a reduction to less than 2,000 sq.ft. in the amount of fill for the wetland; 2) the driveway to the unattached garage must be realigned to the south to minimize the impact on the wetland and reduce the height of, or eliminate, the retaining wall; 3) the parking area to the east must be reduced by 9 feet; and 4) the lowest opening must be 3 feet above the Ordinary High Water Elevation of 97.2. In addition to the lot area variance, variances for a front setback of 7' and side setback of 13' are also required for the detached garage. Chairperson Droste opened the floor to the applicant. Michael Kulhanek was present, along with his architect. Discussions continued concerning the amount of fill intended for the wetland. Mr. Pearson pointed out inconsistencies with the grading plan. Chairperson Droste opened the floor to the public. Betty Schneider, 12365 Blanca Ave., expressed concern with the wetland being filled in and asked whether this would affect the water level on her property. Mr. Pearson felt the impact would be negligible. Tracy Dougherty, 12370 Blanca Ave., also expressed concern with the wetland being filled in and whether it would cause water problems on her lot. Planning Commission Regular Meeting Minutes December 12, 2000 Page 5 Commissioners reviewed location of the septic system and further addressed water runoff concerns. MOTION by Droste to close the public hearing. Seconded by Weisensel. Ayes: Weisensel, Napper, and Droste. Nays: 0. Motion carried. Commissioner Weisensel advised Mr. Kulhanek's architect to engage the services of a civil engineer. Commissioner Weisensel expressed his concern that the 2,000 sq.ft. minimum fill not be exceeded and that city staff ensure compliance. MOTION by Droste to grant the variance to lot area standards and a 7' front setback and 13' side setback for the detached garage, subject to modifications as noted by the city Water Resource Engineer, as follows: 1. The proposed wetland fill stated on the plan is 1900 ft Staff measurements show the proposed fill to be approximately 2157 ft The Wetland Conservation Act exemptions allow for 2000 ft of fill for this wetland without replacement. 2. The 92' contour is missing on the west side on the northeast side of wetland basin 2. The omission of this contour means that the proposed wetland fill is more than the calculated value of 2157 ft 3. Given the proposed location of the utility building, the driveway must be realigned to the south to minimize wetland impacts. Secondary benefits to this include: Reduced height or elimination of the retaining wall, Larger buffer widths, and The ability to construct 4:1 sideslopes around wetland basin 2. 4. The driveway section to the east of the garage must be shortened by 9' or more to eliminate the need for grading in the buffer of wetland basin 1. 5. The lowest opening must be 97.2' or higher in elevation. Seconded by Napper. Ayes: Napper, Droste, and Weisensel. Nays: 0. Motion carried. Chairperson Droste adjourned the Board of Appeals and Adjustments and reconvened the regular Planning Commission meeting. Commissioner Shoe Corrigan returned to the meeting at 8:10 p.m. Public Hearing: Comprehensive Plan Implementation Rezonings Chairperson Droste opened the public hearing concerning city- initiated rezonings in implementation of the Comprehensive Plan. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson explained the necessity for rezoning lands that are inconsistent with the Comprehensive Plan. He summarized the MUSA boundaries and proposed zoning changes. Notice of this rezoning was sent to 172 residents, including the 22 property owners directly affected by the zoning changes. The Dakota County garage facility is the only property that will become nonconforming as a result of the rezoning. Because this Planning Commission Regular Meeting Minutes December 12, 2000 411 Page 6 facility is relocating to a site south of 160 Street, the nonconforming status should have no effect. Chairperson Droste entered of record letters received from Ed B. McMenomy, Sr., dated December 7, 2000, and from Robert J. Foster, attorney for Vernon Raehsler, dated December 11, 2000. Chairperson Droste opened the public hearing. Reid Hansen, 12490 Canada Court, appeared on behalf of his client, Ed McMenomy. Mr. McMenomy owns approximately 17 acres on Biscayne Avenue. Mr. Hansen provided copies of letters previously sent to the Planning Commission and City Council addressing the issue of zoning for this property. This property was initially designated for urban residential, which is most consistent with the surrounding residential property. Rezoning this property to Public/Institutional is detrimental to the property owner and restricts the use of the property. Col. Halverson, National Guard, offered his support for the rezoning and expressed his interest in the concerns of the neighboring properties. Vernon Raehsler, 14345 Biscayne Ave. W., confirmed that the zoning change for his property from Industrial Park to Business Park -1 will have no effect on the conforming use status of his welding business. Commissioner Shoe Corrigan explained to Mr. Hansen the process for objections to rezoning and the requirement of a Comprehensive Plan amendment. Chairperson Droste acknowledged Mr. McMenomy's desire for residential zoning on his parcel of property and confirmed that the Planning Commission previously supported that request. Chairperson Droste further explained that a modification of the zoning would not be appropriate at this time. MOTION by Droste to close the public hearing. Seconded by Weisensel. Ayes: Droste, Shoe Corrigan, Weisensel, and Napper. Nays: 0. Motion carried. MOTION by Droste to recommend that the City Council rezone the following listed properties in conformance with the Comprehensive Plan: 1) All of the undeveloped land currently zoned Agriculture that is within the current Metropolitan Urban Service Area (MUSA) is proposed to be rezoned to R 1, Low Density Residential. This includes the land east of Biscayne Avenue between CSAH 42 and County Road 38, up to 1/2 mile west of Biscayne Ave. It also includes the undeveloped portions of Bloomfield; most of CMC's Eastbridge and the County garage. 2) The land currently zoned Industrial Park extending from Greif Bros. to the UP railroad and Biscayne Ave. is recommended to be rezoned to BP -1 Business Park. 3) The land west of Biscayne Ave., north of the UP railroad will be rezoned to Public and Institutional. This includes the National Guard 0. M. S. facility and the vacant land to the north. 4) Approximately 7 acres of the Planning Commission Regular Meeting Minutes December 12, 2000 41, Page 7 Eastbridge site on the northeast corner of CSAH 42 and STH 3 will be recommended to be rezoned to C -4, General Commercial. This includes the Quonset hut site and extends to a location next to the proposed street across from Business Parkway. Seconded by Napper. Ayes: Shoe Corrigan, Weisensel, Napper, 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 8:40 p.m. Respectfully submitted, ,,i Dianne G. Quinnell Recording Secretary