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HomeMy WebLinkAbout2001 vio CITY OF ROSEMOUNT 2875 C 1 45 t h i SSteetWest fi r/ Rosemount, MN Everything's Coming Up Rosemount!! 55068 -4997 Phone: 651-423-4411 Plann Cornrnission Hearing Impaired 651- 423 -6219 g Fax 651- 423 -5203 Regular Meeting Minutes January 9, 2001 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, January 9, 2001. 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 Mayor Cathy Busho. There were no additions or corrections to the agenda. MOTION by Weisensel to approve the December 12, 2000 Regular Planning Commission Meeting Minutes. Seconded by Droste. Ayes: Napper, Droste, Shoe Corrigan, and Weisensel. Nays: 0. Motion carried. Old Business Mr. Pearson informed Commissioners that the Kulhanek variance granted by the Planning Commission on December 12 has been appealed by neighboring residents. The appeal will be presented to the City Council. New Business: Bloomfield 2 Addition Final Plat Mayor Busho indicated she reviewed with staff the proposed final plat for Bloomfield 2 Addition and that the proposal follows concept approval. No issues were identified. Mr. Pearson reviewed the original concept PUD. Both the twin homes and single family homes were included in the previously approved second phase. The proposed final plat concerns the twin homes only. The single family homes will be included in a future phase. The proposed final plat is consistent with the preliminary plat. Commissioners confirmed that housing types and buffering are consistent with that which was previously approved. MOTION by Droste to recommend that the City Council approve the Bloomfield Second Addition final plat subject to: 1) Incorporation of recommendations of the City Engineer concerning design and installation of public infrastructure and including grading, erosion control, streets and utilities; 2) Execution of a Subdivision or Development Agreement to secure the public and private improvements; 3) Rezoning Bloomfield Second Addition to R -2, Moderate Density Residential; and 4) Payment of all applicable fees including G.I.S, Park Dedication and other fees identified in the current fee schedule. Seconded by Shoe- Corrigan. Ayes: Droste, Shoe Corrigan, Weisensel, and Napper. Nays: 0. Motion carried. Planning Commission Regular Meeting Minutes January 9, 2001 Page 2 Public Hearing: Solberg Aggregate Company, Inc. Mineral Extraction Permit Renewal Chairperson Droste opened the public hearing on the application by Solberg Aggregate Company, 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. Mayor Busho explained that a mining moratorium is currently in place. The renewal of Solberg's mineral extraction permit is not affected by the moratorium; however, changes in the grading plan will be addressed by the City Council. Mr. Pearson summarized the application by Solberg Aggregate and reviewed the proposed changes to the grading plan. 47,301 tons of materials were removed in 2000. There were no complaints reported to the police. Chairperson Droste opened the floor to the applicant. Lauren Howard was present to answer questions. Mr. Howard explained that the proposal to increase the amount of materials extracted would not extend the life of the pit. The mining activity will be completed in 2003. Chairperson Droste opened the public hearing. There were no comments. MOTION by Droste to close the public hearing. Seconded by Napper. Ayes: Shoe Corrigan, Weisensel, Napper, and Droste. Nays: 0. Motion carried. Discussions continued concerning management of the pit and further clarification of the moratorium. MOTION by Weisensel to recommend that the City Council approve the mineral extraction permit renewal and grading plan for Solberg Aggregate Co. Inc. located on the Koch Refinery property subject to the conditions for 2001. Seconded by Napper. 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 7:05 p.m. Respectfully submitted, C EP 41111D 1 a Dianne G. Quinnell III Recording Secretary o CITY OF ROSEMOUNT 2875 HALL 2875 Rosemount, MN t Everything's Coming Up Rosemount!! 55068-4997 Phone: 651- 423.4411 Planning Commission Neari Impaired 651-423-6219 Fax: 651- 423 -5203 Regular Meeting Minutes January 23, 2001 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, January 23, 2001. 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 6:38 p.m. Also in attendance were City Planner Rick Pearson, Code Enforcement Official Sheila O'Bryan, and Councilmember Sheila Klassen. There were no additions or corrections to the agenda. MOTION by Droste to approve the January 9, 2001 Regular Planning Commission Meeting Minutes. Seconded by Napper. Ayes: Napper, Droste, and Shoe Corrigan. Nays: 0. Motion carried. New Business: Ordinance B Amendments Ms. O'Bryan presented for discussion proposed changes to the Zoning Ordinance. The changes pertain to recreational vehicles, outdoor storage, woodpiles, parking setbacks, and driveways. Commissioners recommended adding a time limit on parking for recreational vehicles and limiting the number of recreational vehicles stored outside. Storage of construction materials should be tied into the building permit, requiring removal of the materials within 30 days after completion of a project. Mr. Pearson explained it is necessary for safety reasons to amend the ordinance to require driveway turnarounds for those homes having driveways on a collector street. The Ordinance amendments will be considered further at a public hearing on February 13. Public Hearing: Centex Homes Concept PUD (Bloomfield) Chairperson Droste opened the public hearing on the application by Centex Homes for approval of a revised concept plan for portions of Bloomfield. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson provided background of the Bloomfield master plan and summarized the aspects of the proposed concept plan. The concept area consists of 309 single family detached units, 92 quad townhome units, and 24 twin home units. The 80 -foot standard lot width is reduced to 70 feet. The proposal includes park dedication of a 43 -acre green Planning Commission Regular Meeting Minutes January 23, 2001 Page 2 space corridor as a trade off for the 70 -foot lots. However, the Parks Recreation Committee is interested in enhancing dedicated parks elsewhere and is not interested in the 43 acre corridor dedication. Unresolved issues concern the extension of Connemara Trail and the railroad crossing. Circumstances may require a change in the street location and grade separation for the crossing, which would affect the development plans in the northeast portions of the development. Approvals are required from the Met Council, Union Pacific Railroad, and Dakota County. The developer has purchased approximately 5 acres of railroad right -of -way, which will provide additional buffer along the northern edge. Chairperson Droste opened the floor to the applicant. Steve Ach of Centex Homes provided corporate background information and summarized the current status of the development. Dwight Jelle of Westwood reviewed the development design. He suggested further discussions on the open space issue and indicated the developer would present alternatives to the proposal. Mr. Jelle reviewed the sidewalk and trail system, buffering and landscaping along CSAH 42 and the railroad, streetscape designs, and housing styles. He indicated that an overgrade railroad crossing would necessitate the redesign of the plan to capture lost single family lots. Chairperson Droste opened the public hearing. Craig Minea, co -owner of 155 acres north of the Centex development, expressed his opposition to the grade- separated railroad crossing. Mr. Minea explained that a 23 -foot high bridge that bisects the center of a residential development would reduce the development's desirability. Townhouses and apartments would be the only viable residential use in this area. While the direct costs for a grade separated crossing may be considered less expensive, consideration must be given to the indirect costs of diminished property values. Chairperson Droste opened the floor to the Commissioners. Commissioner Shoe Corrigan requested clarification on changes in the number of housing units. Mr. Pearson explained the housing distribution and indicated the unit numbers are up about 7 -10 The housing mix ration for the original PUD was 56% single family and 42.8% attached, compared to the current proposal of 55.7% single family and 44% attached. Discussions continued concerning the amount of open space provided. Mr. Pearson explained the park was reduced to 8 acres. Because the Parks Recreation Committee sees limited potential in this area, it prefers the balance of the park dedication in cash to create facilities elsewhere. Commissioner Weisensel confirmed that the trade -off for the 70' lots consists of 22 acres in open space. Planning Commission Regular Meeting Minutes January 23, 2001 Page 3 Commissioner Shoe Corrigan indicated an incentive must be present to support the 70- foot lots and additional units and that she did not want to see a loss in open space. She offered her support for this concept plan, but could not support an alternative concept resulting from a change in the Connemara Trail alignment and the railroad crossing. Mr. Jelle responded that the developer is willing to look at other concepts creating open space. The proposed plan provides flexibility to allow for the bridge at the railroad crossing. Chairperson Droste observed that the concept proposal provided increased separation of housing from the railroad compared to the approved PUD. Commissioner Shoe Corrigan expressed her concern that private open space be preserved. Discussions continued concerning the affordability of the homes and the type of homeowner Centex would be marketing to. MOTION by Droste to close the public hearing. Seconded by Weisensel. Ayes: Droste, Shoe Corrigan, Weisensel, and Napper. Nays: 0. Motion carried. Commissioners discussed concerns that modifications to the concept plan to accommodate a grade separated railroad crossing would not result in an increase in overall density from the approved concept plan or a reduction in open space. Mr. Pearson was directed to revise staff recommendations to address Commissioners' concerns. MOTION by Weisensel to table action on the concept plan for Centex Bloomfield to February 13, 2001. Seconded by Shoe Corrigan. 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 8:45 p.m. Respectfully submitted, Dianne G. Quinnell Recording Secretary CITY HALL CITY OF RO S E M O U N T 2875 145th Street West fi r/ Rosemount, MN 55068 -4997 Everything's Coming Up Rosemount!! Phone: 651 423 -4411 Planning Commission Hearing Impaired 651- 423 -6219 b Fax 651-423-5203 Regular Meeting Minutes February 13, 2001 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, February 13, 2001. Chairperson Bill Droste called the meeting to order at 6:32 p.m. with members Myron Napper, Kim Shoe Corrigan, and Jeffery Weisensel present. Also in attendance were City Planner Rick Pearson and Code Enforcement Official Sheila O'Bryan. There were no additions or corrections to the agenda. MOTION by Weisensel to approve the January 23, 2001 Regular Planning Commission Meeting Minutes. Seconded by Droste. Ayes: Napper, Droste, Shoe Corrigan, and Weisensel. Nays: 0. Motion carried. Old Business: Centex Homes Concept PUD (Bloomfield) On January 23, 2001, the Planning Commission conducted a public hearing for the II Centex proposal to amend the Bloomfield Planned Unit Development. Action on the proposed amendment was tabled pending further information. Mr. Pearson presented comparisons between the approved PUD for Bloomfield and the revised concept plan. The concept plan was revised to accommodate the location for Connemara Trail and to provide sufficient space if the railroad crossing becomes grade separated. The housing mix was reviewed. The current proposal results in 18 less single family homes, 1 less twinhome, and 2 additional quad buildings from Centex's original proposal. Open space calculates at 18.37 acres of contiguous open space, excluding ponds, wetlands, and railroad right -of -way. 70 foot lots (291) as compared to 80 foot lots (272) result in an estimated 3% increase in private open space and 4% reduction in building mass. Due to the lot depth, separation from the railroad tracks exceeds the minimum setback of 110 feet. The nearest quad unit is 460' from the tracks, and the single family homes range from 220' -225' from the tracks. Dwight Jelle of Westwood summarized the proposal for open space and park amenities. Mr. Jelle clarified that Centex would commit to no reduction in open space or in multi- family units, however, necessary revisions to the plan could result in a reduction in single family dwellings. Commissioner Shoe Corrigan commented that preserving open space would maintain the value of the homes. Mr. Pearson further clarified the setbacks from the railroad tracks and the housing mix. Planning Commission Regular Meeting Minutes February 13, 2001 Page 2 Chairperson Droste pointed out negative conditions affecting this development, including Hwy. 42, the railroad, and Koch Refinery. He found the new design more appealing because of the additional open space. He offered his approval of the new design, finding it to be superior to the approved PUD. Dan Blake of Centex Homes clarified that future changes to the plan as a result of the Connemara Trail location and railroad crossing will not reduce the number of attached homes or the amount of open space. Single family homes, however, may be reduced. MOTION by Droste to recommend that the City Council approve the concept for Centex Bloomfield subject to: 1) Adopting findings in support of the PUD concept plan as required in Section 12.6 of the zoning ordinance; 2) Incorporation of recommendation by the City consulting Engineer relative to drainage, easements, grading, rights -of -way, streets, utilities, and all other applicable public infrastructure; 3) Recommendations relative to park facilities and dedication will be made separately by the Parks and Recreation Committee; 4) The proportion of housing units to open space shall not change in favor of additional housing units, and changes to the distribution of housing types will only be changed if the proportion of single family increases. For clarification, there shall be no reduction in open space and no increase in attached housing, although the number of single family dwellings could be reduced; 5) Approvals or cooperation as needed by Dakota County, Metropolitan Council and the Union Pacific Railroad. Seconded by Weisensel. Ayes: Droste, Shoe Corrigan, Weisensel, and Napper. Nays: 0. Motion carried. Public Hearing: Ordinance B. Amendments Chairperson Droste opened the public hearing on the proposed amendments to Ordinance B -City of Rosemount Zoning Ordinance pertaining to outdoor storage, recreational vehicle parking, surface parking, and driveway turnarounds. The recording secretary has placed the Affidavit of Publication and Posting of a Public Hearing Notice on file with the City. Ms. O'Bryan presented an overview of the recommended changes pertaining to recreational vehicle parking, outdoor storage of construction materials, woodpiles, and setbacks for surface parking. Commissioners inquired about specific situations concerning regulations for woodpiles, recreational vehicle parking, and parking setbacks. A reduction in parking setbacks to 5 feet would legitimize existing conditions. Discussions also addressed what effect the proposed changes may have on home occupations. Mr. Pearson explained the proposed regulations for driveways on corner lots would shift a driveway to the lesser- traveled street. For lots fronting a collector street, regulations would require turnarounds, thereby avoiding the need to back onto a busy street. Chairperson Droste opened the public hearing. There were no comments. Planning Commission Regular Meeting Minutes February 13, 2001 Page 3 MOTION by Droste to close the public hearing. Seconded by Napper. Ayes: Shoe Corrigan, Weisensel, Napper, and Droste. Nays: 0. Motion carried. MOTION by Droste to recommend that the City Council adopt Ordinance B Amendments. Seconded by Napper. Ayes: Weisensel, Napper, 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 7:33 p.m. Respectfully submitted, 1• Ietk.-CLA4U&L-Sd Dianne G. Quinnell Recording Secretary a CITY OF RO SEMOU NT 2875 1 4 h e t West Rosemount, MN Everything's Coming Up Rosemount!! Phone: 651 651- 423- 3 -4411 Planning Commission Heari Impaired 651-423-6219 b Fax: 651 423 -5203 Regular Meeting Minutes February 27, 2001 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, February 27, 2001. 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 City Councilmember Sheila Klassen. Mr. Pearson requested the Agenda be amended by removing Item 6.B. Commercial Zoning Districts Ordinance Revisions. There were no other additions or corrections to the agenda. MOTION by Droste to approve the February 13, 2001 Regular Planning Commission Meeting Minutes. Seconded by Weisensel. Ayes: Napper, Droste, Shoe Corrigan, and Weisensel. Nays: 0. Motion carried. Audience Input: None. Discussion: Councilmember Klassen shared a proposal by the school board to change school boundary lines as concerns Evermoor. Elementary school children living west of Shannon Parkway would attend Diamond Path Elementary. Children living east of Shannon Parkway would attend Shannon Park Elementary. Other changes are also included in the proposal, which will be considered further by the school board. Old Business: None. New Business: Carrousel Plaza Office Center Final Plat Mr. Pearson presented the final plat application for Carrousel Plaza Office Center. This parcel is located at the southeast corner of Chippendale Avenue and Carrousel Way. The elevation for the proposed office building was reviewed, along with the administrative site plan. Parking, access and sidewalks were discussed. Chairperson Droste noted that the two rows of parking in front of the building detract from the aesthetics of the building. He recommended moving the building forward, reducing the front parking to one row and increasing the rear parking to two rows. MOTION by Shoe Corrigan to recommend that the City Council approve the final plat subject to: 1) Incorporation of recommendations of the City Attorney, Acting City Engineer relative to easements for access, drainage utilities; and 2) Payment of G.I.S., park dedication and all applicable fees according to the current fee schedule. Seconded Planning Commission Regular Meeting Minutes February 27, 2001 Page 2 by Droste. Ayes: Droste, Shoe Corrigan, Weisensel, and Napper. Nays: 0. Motion carried. Public Hearings: None. There being no further business to come before this Commission, upon MOTION by Droste and upon unanimous decision, the meeting was adjourned at 6:55 p.m. Respectfully submitted, Dianne G. Quinnell Recording Secretary `y CITY OF RO S E M O U N T 2875 t HALL Street West e Rosemount, MN Everything's Coming Up Rosemount!! 55068 -4997 e Phone: 651- 423 -4411 Plann in�r Commission Hearing Impaired 651 423 -6219 Plannin Fax 651- 423 -5203 Regular Meeting Minutes March 13, 2001 Chairperson Droste presented former Planning Commissioner Jay Tentinger with a plaque in recognition of his 6 years of service to the City of Rosemount while on the Planning Commission. Chairperson Droste summarized the numerous developments that were brought to the Planning Commission during Mr. Tentinger's tenure and thanked him for his valued participation in those reviews and his contributions to the city. Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, March 13, 2001. Chairperson Bill Droste called the meeting to order at 6:45 p.m. with members Myron Napper, Kim Shoe Corrigan, and Jeffery Weisensel present. Also in attendance were City Planner Rick Pearson and City Councilmember Sheila Klassen. There were no additions or corrections to the agenda. MOTION by Weisensel to approve the February 27, 2001 Regular Planning Commission Meeting Minutes. Seconded by Shoe Corrigan. Ayes: Napper, Droste, Shoe Corrigan, and Weisensel. Nays: 0. Motion carried. Audience Input: None. Discussion: None. Old Business: None. New Business: None. Public Hearing: Master Transmission Amendment to Concept Commercial PUD Chairperson Droste opened the public hearing on the application for an amendment to the approved concept PUD for the Master Transmission site redevelopment. The recording secretary has placed the Affidavit of Publication and Affidavit of Posting and Mailing of a Public Hearing Notice on file with the City. Councilmember Klassen referenced a condition of the approved concept PUD requiring the coordination of the driveway with the South Robert Trail Streetscape Plan. The City II Council is currently waiting for completion of those plans and the specifications for the street design. Councilmember Klassen indicated the City Council would most likely Planning Commission Regular Meeting Minutes March 13, 2001 Page 2 uphold staff's recommendation to deny the request by Master Transmission for an amendment to the PUD. Mr. Pearson reviewed the redevelopment plans for Master Transmission and the concept PUD approved on August 15, 2000. Master Transmission has requested a change to the PUD, which would reorient the driveway to the south side of the lot. This change eliminates the shared driveway with Genz -Ryan and creates concern that the development no longer blends in with the South Robert Trail improvement plan. The building remains the same, however, the primary entrance shifts from the north to the south. The proposed change also creates a setback encroachment along the northern edge. Setback encroachments along the east side and along South Robert Trail were previously approved. Greenspace has been reduced to 20 which is lower than the required 25 There are 28 parking stalls provided, which exceeds the amount required. The Interim City Engineer is concerned that there is insufficient distance between the proposed driveway and Cambrian Avenue. Chairperson Droste opened the floor to the applicant. Steve Jensen explained the advantages to having the building facing south, including exposure to the sun, snow removal, safety for customers entering the building, and ability to continue operating the existing business while the new building is under construction. Moving the driveway to the south results in more parking. Mr. Jensen spoke with MnDOT and was told the proposed driveway falls within their standards. The previously approved landscaping has been maintained. Additionally, the adjacent residential neighbors have indicated they do not like the masonry wall. Commissioners discussed options for parking and the driveway location. Commissioner Napper indicated the driveway could be moved further north by eliminating some parking spaces, thereby increasing greenspace on the south side. Commissioner Napper indicated the current driveway is located on a curve, causing difficulty to exit the property and creating a conflict with traffic from Quik Trip. Chairperson Droste opened the public hearing. John Freuler, Bloomington, MN, expressed his concern with the uncertainty if Genz Ryan leaves and his preference for a separate driveway, leaving the Master Transmission site more isolated. MOTION by Droste to close the public hearing. Seconded by Shoe Corrigan. Ayes: Droste, Shoe Corrigan, Weisensel, and Napper. Nays: 0. Motion carried. Commissioner Shoe Corrigan agreed with Commissioner Napper's observation that exiting the driveway at its current location is difficult due to sight lines. She offered support for the separate driveway if parking spaces were eliminated to allow it to be moved further north, along with increased greenspace and landscaping. Planning Commission Regular Meeting Minutes March 13, 2001 Page 3 Chairperson Droste responded that sight lines may change dramatically with the changes to South Robert Trail. He realized from past discussions the importance of lining up driveways. The uncertainty with changes to South Robert Trail makes it difficult to support any driveway proposals. Mr. Pearson indicated he would have the city council ask the Interim City Engineer how changes to South Robert Trail will affect sight lines. He will also request from engineering the pros and cons for the driveway proposal, along with the impact of the turning lane on the southern driveway location. Commissioner Shoe Corrigan preferred that their decision be based on information from an engineering expert. She suggested that consideration be given to reconfiguration of the parking, which would allow the northern driveway to remain and which would provide access to a southern entrance. Commissioners further suggested that consideration be given to moving the building to the west, away from South Robert Trail, allowing traffic to flow along the street side of the building. Chairperson Droste expressed his concern that, based upon the Planning Commission's limited involvement with the streetscape and downtown plans, a decision to support a change in the driveway location could create a conflict with those plans. He confirmed that one reason for the change requested by Master Transmission is to reduce the construction impact on its existing business. Councilmember Klassen provided a timeline for the streetscape plans, indicating the City Council will see the plans and specs in April, the plans will go to bids in July, and construction is expected to commence in August. MOTION by Droste to recommend that the City Council deny the amendment to the Concept Commercial Planned Unit Development for Master Transmission. 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 7:50 p.m. Respectfully submitted, 1 11) 1 Dianne G. Quinnell Recording Secretary CITY OF RO S E M O U N T 2875 C 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 March 27, 2001 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, March 27, 2001. 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 was City Planner Rick Pearson. Mr. Pearson requested the Agenda be amended by adding as New Business an appeal by Richard Cliff of staff's zoning interpretation. Chairperson Droste added Commissioner Comments as a new agenda item 8. There were no other additions or corrections to the agenda. MOTION by Weisensel to approve the March 13, 2001 Regular Planning Commission Meeting Minutes. Seconded by Droste. Ayes: Napper, Droste, Shoe Corrigan, and Weisensel. Nays: 0. Motion carried. Audience Input: None. Discussion: None. Old Business: None. Chairperson Droste moved the public hearing on Church of St. Joseph Concept PUD to precede the New Business agenda items. Public Hearing: Church of St. Joseph Concept PUD Chairperson Droste opened the public hearing on the Church of St. Joseph Concept -PUD. The recording secretary has placed the Affidavit of Mailing and Posting of a Public Hearing Notice and Affidavit of Publication on file with the City. Mr. Pearson presented the application by St. Joseph for concept review concerning its proposed development of a church and education center. St. Joseph intends to purchase 30 acres from the Nelson family on the east side of Biscayne Avenue, north of Biscayne Pointe. The property is presently zoned R -1, Low Density Residential, and is guided for Urban Residential. Churches are a conditional use in this zoning district. Mr. Pearson summarized specifics of the site development. Adequate access is provided from 411 Planning Commission Regular Meeting Minutes March 27, 2001 Page 2 Connemara Trail and Biscayne Avenue. Infrastructure improvements include the extension of Connemara Trail and the Brockway Trunk Sewer. Chairperson Droste opened the floor to the applicant. Gary Mitchell was present on behalf of the Church of St. Joseph. Mr. Mitchell explained that site selection criteria included the need for 25 -35 acres, closeness to downtown, sufficient access, and lay of the land. Commissioner Napper confirmed that the site plans would not affect the sewer interceptor connection. Chairperson Droste opened the public hearing. Tom Von Bische, Heritage Development, indicated that Heritage plans to purchase the adjacent Abbott property. Mr. Von Bische offered his support for the church, however, noted concerns with the location of Birchwood Avenue and stormwater ponding. MOTION by Droste to close the public hearing. Seconded by Weisensel. Ayes: Droste, Shoe Corrigan, Weisensel, and Napper. Nays: 0. Motion carried. Commissioners reviewed the approval process for this development and engineering review of the street location and ponding. MOTION by Droste to recommend that the City Council approve the concept for St. Joseph's Church and Education Center subject to: 1) Conformance with the requirements of Zoning Ordinance Section 12.7, Conditional Use Permit Standards and Conditions; 2) Incorporation of recommendations relative to the design of Biscayne Avenue, Connemara Trail and other applicable public infrastructure improvements by the interim City Engineer. Seconded by Weisensel. Ayes: Shoe Corrigan, Weisensel, Napper, and Droste. Nays: 0. Motion carried. New Business: Traditional Downtown Overlay District Mr. Pearson presented the recommendation of the Port Authority for an ordinance creating an overlay district for the traditional downtown area. Mr. Pearson described the area covered by the district. He explained the purpose of the overlay district would be to impose stricter standards for this area, including lower maximum height and allowing townhomes and multi family development to support redevelopment. Discussions continued concerning issues related to transit stations, the impact on existing residential, and expectations for design standards and signage. This additional layer of regulations would apply to new construction and redevelopment. Planning Commission Regular Meeting Minutes March 27, 2001 Page 3 Commissioner Shoe Corrigan noted the intent of the ordinance is to encourage development of a style compatible with the predominant structures in the downtown. She suggested the ordinance be more specific as to what is considered to be the predominant structure. Commissioner Weisensel inquired whether there is a vision of what we want the downtown to look like. He did not see how the creation of an overlay district would accomplish this. Commissioner Napper felt walls surrounding rooftop mechanical equipment would be unsightly. Commissioner Shoe Corrigan referenced the conditional uses requiring multi parcels, tenants, buildings, and uses to have varying setbacks from the public right -of -way. She felt this requirement conflicts with previous preferences to have buildings lined up on sidewalks. MOTION by Droste to recommend to the City Council an ordinance creating a traditional downtown overlay district. Seconded by Napper. Ayes: Napper, Droste. Present: Weisensel. Nay: Shoe Corrigan. Motion failed. New Business: Richard Cliff Appeal of Staff Zoning Interpretation Mr. Pearson explained that Richard Cliff has a purchaser for 40 acres and is seeking subdivision approval. Mr. Cliff owns 79.54 acres in the Agriculture District, where the density standard is 1 dwelling unit per 40 acres. Division of Mr. Cliff's property would result in two 39.77 acre parcels. Mr. Cliff requested that staff "round upwards" from the 79.54 acres to 80 acres. The zoning ordinance does not give staff that flexibility. Previous subdivisions of the Cliff property were reviewed, along with options to achieve the 40 acre requirement. Mr. Pearson informed the Commission on the evolution of the 1/40 acre density standard. Commissioner Napper encouraged fairness in considering Mr. Cliff's request. Chairperson Droste considered the reasonableness of Mr. Cliff's request and did not feel any codes would be jeopardized by granting Mr. Cliff's request. MOTION by Weisensel to uphold the staff interpretation of the minimum density standards of the Agriculture district in the zoning ordinance. Seconded by Shoe Corrigan. Ayes: Napper, Shoe Corrigan, and Weisensel. Nays: Droste. Motion carried. 0 Planning Commission Regular Meeting Minutes March 27, 2001 Page 4 Commissioner Comments: Commissioner Shoe Corrigan responded to a recent decision by the City Council to relieve her of her position on the Planning Commission. Additionally, Chairperson Droste announced that he was not re- appointed by the City Council. Commissioners Weisensel and Napper, along with members of the audience, expressed their thanks and appreciation to Commissioner Shoe Corrigan and Chairperson Droste for their years of service to the City of Rosemount. There being no further business to come before this Commission, upon MOTION by Droste and upon unanimous decision, the meeting was adjourned at 7:50 p.m. Respectfully submitted, G V? (It-A-A-* 1 -d -A Dianne G. Quinnell Recording Secretary `io CITY OF ROSEMOUNT 2875 Rosemount, MN Everything's Coming Up Rosemount!! semo 4 Phone 651-423-4411 Hearing Impaired 651 423 -6219 Fax 651 423 -5203 Planning Commission Regular Meeting Minutes April 10, 2001 Mayor Busho swore in newly appointed Commissioners Jeff Caspar and Jana Carr to the Planning Commission. Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, April 10, 2001. Chairperson Jeff Caspar called the meeting to order at 6:30 p.m. with members Myron Napper and Jana Carr present. Commissioner Jeffery Weisensel and newly appointed Commissioner Jeff Arveson were absent. Also in attendance were City Planner Rick Pearson and Councilmember Sheila Klassen. Chairperson Caspar amended the agenda by combining New Business items A and B and adding as New Business item B the Commercial District Zoning Regulations and Traditional Downtown Overlay District. There were no other additions or corrections to the agenda. Prior to taking action on the Minutes, Commissioner Napper indicated he followed up on the request by Richard Cliff at the March 27, 2001 meeting, seeking approval to subdivide his property. Commissioner Napper visited the site and concluded that the property is not suitable for agricultural use, which he believes gives reason to compromise with Mr. Cliff. MOTION by Caspar to approve the March 27, 2001 Regular Planning Commission Meeting Minutes. Seconded by Napper. Ayes: Napper, Caspar, and Carr. Nays: 0. Motion carried. Audience Input: None. Discussion: None. Old Business: None. New Business: Evermoor 6th 7 Additions Final Plats Mr. Pearson presented the request by Contractor Property Developers Company for final plat approval of Evermoor 6 Addition and Evermoor 7 Addition. These final plats pertain to lots which back up to Country Hills, located west of Shannon Parkway. The lots meet or exceed minimum standards. Mr. Pearson explained the final plat process and Planning Commission Regular Meeting Minutes April 10, 2001 Page 2 indicated that the final plats are consistent with the approved preliminary plats. The Interim City Engineer will confirm the sufficiency of the easements. MOTION by Carr to recommend that the City Council approve the final plats for Evermoor 6 and 7 Additions subject to: 1) Execution of a subdivision agreement to secure public infrastructure including streets and utilities; 2) Incorporation of recommendations of the Interim City Engineer relative to drainage, easements, grading, public streets and utilities; 3) Payment of all platting, G.I.S., Park Dedication, applicable City Review fees and trunk/area fees as specified in the current fee schedule resolution. Seconded by Napper. Ayes: Caspar, Carr, and Napper. Nays: 0. Motion carried. New Business: Commercial District Zoning Regulations and Traditional Downtown Overlay District Mr. Pearson distributed draft copies of the revised Commercial District Zoning Regulations and the Traditional Downtown Overlay District in preparation for a public hearing scheduled for April 24. The objective of the Commercial District revisions is to make the regulations more user friendly by combining development standards into each district, including setbacks, standards, and all permitted, accessory, and conditional uses. Additionally, a conditional use process has been added. The Traditional Downtown Overlay District is a new subsection under the C -2 Downtown Commercial District. Commissioners had questions concerning underground parking for townhomes, elements of the C -3 District, and how changes to Hwy. 3 may affect the proposed zoning changes. There being no further business to come before this Commission, upon MOTION by Caspar and upon unanimous decision, the meeting was adjourned at 7:12 p.m. Respectfully submitted, Dianne G. Quinnell Recording Secretary Planning Commission Regular Meeting Minutes April 24, 2001 Mayor Busho swore in newly appointed Commissioner Jeff Arveson to the Planning Commission. Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, April 24, 2001. Chairperson Jeff Caspar called the meeting to order at 6:30 p.m. with members Jeff Arveson, Myron Napper, Jana Carr and Jeff Weisensel present. Also in attendance were City Planner Rick Pearson, Code Enforcement Official Sheila O'Bryan, and Councilmember Sheila Klassen. Chairperson Caspar amended the agenda by adding items 2(a) Nominations and voting for vice -chair person and 4(a) Update from Council. There were no other additions or corrections to the agenda. Nominations and Vote for Vice -chair MOTION by Napper to elect Jeff Weisensel Vice -chair of the Planning Commission. Second by Caspar. Ayes: Arveson, Napper, Caspar, Carr, Weisensel. Nays: Motion carried. Audience Input: None Approval of Minutes MOTION by Carr to approve the April 10, 2001 Regular Planning Commission Meeting Minutes. Seconded by Napper. Ayes: Napper, Caspar, Carr, and Arveson. Present: Weisensel. Nays: 0. Motion carried. Update from Council. City Council Member Klassen presented an overview of her role in attending the Planning Commission meetings. Her purpose is to provide insight that the Planning Commission could use when looking at the various items on the agenda. This insight is based on past discussions. Planning Commission Regular Meeting Minutes April 24, 2001 Page 2 Public Hearing: Commercial District Zoning Regulations Traditional Downtown Overlay District. Chairperson Caspar opened the public hearing on the Commercial District Zoning Regulations and Traditional Downtown Overly District. The recording secretary has placed the Posting of a Public Hearing Notice and Affidavit of Publication on file with the City. Mr. Pearson presented an overview of the proposed changes to the Commercial District Zoning relations. The changes are intended to make the Commercial Zoning District classifications more user friendly. The purpose of the C -1, Convenience Commercial District, is to provide residential neighborhoods with convenience shopping and personal services that could serve the daily and weekly needs of the surrounding neighborhoods and are not intended to serve the entire community. Changes for this district are the inclusion of dimensional /setback standards and permitted uses in addition to gas stations /convenience stores. The C -2, Community Commercial District, is renamed to Downtown Commercial. This district is intended to serve the entire city and be a diversified commercial center that offers the full range of comparison goods, sales and services, cultural, civic, and entertainment opportunities, financial and professional offices, and public uses. The C -3, Highway Commercial District, is intended to provide areas for business and retail services that require a large amount of outdoor storage and/or passing motorists. Chairperson Caspar opened the floor to the audience input. There was none. Chairperson Caspar opened the floor to the commissioner for discussion. Discussion ensued by the Commissioners regarding which district would allow auto sales /repair and exterior wall surfaces of all buildings within each district. Districts C -2 and C -3 exterior wall surfaces must be constructed of one hundred percent brick. It was the desire of the Commissioners that in the C -2 and C -3 districts, the buildings have similar style and/or color of brick in order to compliment each other. The Commissioners were also concerned about brightly colored brick. MOTION by Weisensel to close the public hearing. Second by Carr. Ayes: Caspar, Carr, Weisensel, Arveson, and Napper. Nays: None. Motion carried. MOTION by Caspar to recommend that the City Council adopt the Commercial Zoning District Text Amendments with changes as directed by Commission Members. Second Planning Commission Regular Meeting Minutes April 24, 2001 Page 3 by Weisensel. Ayes: Carr, Weisensel, Arveson, Napper, and Caspar. Nays: None. Motion carried. Old Business: None. New Business: Karrie Bulera Appeal of Staff Interpretation Code Enforcement Official Sheila O'Bryan summarized staff's actions in reference to a complaint filed regarding monkeys living inside a resident's home. Karrie Bulera, 4290 147 Street West, who is the owner of the monkeys, addressed the Planning Commission. Ms. Bulera advised that the monkeys have been in her residence since the early ninties, considers the monkeys to be domesticated, and should be allowed to remain in her home. Discussion ensued by the commissioners regarding the definition of domestic animals. It was the consensus of the commission that the ordinance should be updated to encompass more exotic animals as they are becoming more domesticated, but the under the current zoning definitions staff's interpretation is correct. MOTION by Caspar to uphold staff interpretation of Zoning Regulations on Animals 4.10 with recommendation to City Council to review the ordinance and update as necessary for accommodating animals that have become more commonly acceptable. Second by Carr. Ayes: Arveson, Napper, Caspar and Carr. Nays: Weisensel. Motion carried. City Planner Pearson advised Ms. Bulera of the process and ten day rule to appeal this decision. New Business: Bloomfield 3 Additions Final Plat Mr. Pearson presented the final plat for Bloomfield Third Addition. Mr. Pearson noted two lots that had been found to be non conforming with the standards. The developer has agreed to reconfigure the plat to ensure compliance with overall dimensional standards for all lots in the addition. MOTION by Weisensel to recommend that the City Council approve the final plat for Bloomfield 3 Addition subject to: 1. Plat revisions as necessary to eliminate the non conforming lot dimensions identified in Lot 1, Block 1 and Lot 10, Block 2. 2. Execution of a subdivision agreement to secure public infrastructure including streets and utilities. Planning Commission Regular Meeting Minutes April 24, 2001 Page 4 3. Incorporation of recommendations of the Interim City Engineer relative to drainage, easements, grading, public streets and utilities. 4. Payment of all platting, G.I.S., Park Dedication, applicable City Review and trunk/area fees as specified in the current fee schedule. 5. Plantings shall be in conformance with the landscape plan prepared by D.S.U. as part of the originally approved preliminary plat. Second by Arveson. Ayes: Arveson, Napper, Caspar, Carr and Weisensel. Nays: None. Motion carried. Director's Report: None. There being no further business to come before this Commission, upon MOTION by Caspar and upon unanimous decision, the meeting was adjourned at 7:55 p.m. Respectfully submitted, Maryann Stoffel Recording Secretary CITY OF RO S E M O U N T 2875 C 1 45 t HS treet West 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 May 8, 2001 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, May 8, 2001. Chairperson Jeff Caspar called the meeting to order at 6:30 p.m. with members Jeff Arveson, Myron Napper and Jana Carr present. Commissioner Jeffery Weisensel was absent. Also in attendance was City Planner Rick Pearson. There were no additions or corrections to the agenda. Audience Input: None MOTION by Carr to approve the April 24, 2001 Regular Planning Commission Meeting Minutes. Seconded by Arveson. Ayes: Arveson, Napper, Caspar, and Carr. Nays: 0. III Motion carried. Public Hearing: Progress Land Company (Rosewood) Preliminary Plat Chairperson Caspar confirmed that the recording secretary has placed the Affidavit of Mailing and Posting of a Public Hearing Notice and Affidavit of Publication concerning the Progress Land Company (Rosewood) Preliminary Plat public hearing on file with the City. Mr. Pearson advised the Planning Commission that Progress Land Company has withdrawn its Preliminary Plat application and that the public hearing is cancelled. The applicant is making changes to the plans. New public hearing notices will be mailed and published when the revised plans are ready for Planning Commission review. Public Hearing: Bloomfield Addition Prelminary Plat Rezoning Chairperson Caspar opened the public hearing on the Bloomfield Addition Preliminary Plat Rezoning. The recording secretary has placed the Affidavit of Mailing and Posting of a Public Hearing Notice and Affidavit of Publication on file with the City. Mr. Pearson reviewed the concept plan for Bloomfield Addition and confirmed that the proposed preliminary plat is consistent with the approved PUD. The preliminary plat pertains to the remaining undeveloped area of the development and includes 255 single family homes, 76 carriage homes, parkland and ponding areas. Staff recommends that Planning Commission Regular Meeting Minutes May 8, 2001 Page 2 the ponding area be maintained by the homeowners' association and that the city retain an easement. Street design and access were reviewed. The consulting City Engineer is reviewing the street widths to ensure that city standards are met. Mr. Pearson noted lot deficiencies due to increased lot depth requirements on collector streets. The developer indicated that any necessary changes would be made to meet those requirements. Proposed access to CSAH 42 requires approval from the Dakota County Plat Commission. Mr. Pearson identified pipeline easements and their effect on individual lots. A 60 foot separation is required between the carriage homes, which the developer indicated will be met. The developer will also make the necessary change to align the intersections for the carriage homes. Sidewalks and trails were reviewed. Mr. Pearson explained the general practice of not placing sidewalks on cul -de -sac streets. Chairperson Caspar suggested that for future developments the city should take a closer look at the lengths of cul -de -sacs in determining whether sidewalks should be required. Commissioners recommended sidewalks on loop streets. Mr. Pearson recommended additional landscaping along CSAH 42 where there are gaps in the berming. Commissioners recommended the addition of conditions to include maintenance of the ponding areas and additional sidewalks. Chairperson Caspar opened the floor to the public. There were no comments. Dwight Jelle, Construction Engineer for the project, provided a history of the development and assured Commissioners that city regulations would be met. As concerns the ponding area, Mr. Jelle indicated a preference to run an imaginary line through the middle of the pond, extending lot lines from the single family homes and requiring the homeowners' association to maintain the other half of the pond. Ponding capacity was discussed. Mr. Jelle wishes to clarify with the city whether there is any off site drainage into the pond. MOTION by Carr to close the public hearing. Seconded by Napper. Ayes: Napper, Caspar, Carr, and Arveson. Nays: 0. Motion carried. MOTION by Caspar to recommend that the City Council approve the Bloomfield Addition Preliminary Plat for Centex Homes, subject to 1) Conformance with requirements for final plat for each phase and execution of a subdivision agreement for each final plat; 2) Plan revisions as necessary to eliminate the 12 lot dimension variances identified by Staff; 3) Plan revisions as necessary to incorporate recommendations by the Planning Commission Regular Meeting Minutes May 8, 2001 1111 Page 3 Interim City Engineer relative to easements, grading, street design, rights -of -way and utilities; 4) Approval of the Dakota County Plat Commission in accordance with the contiguous plat ordinance; 5) Approvals as needed from applicable agencies and pipeline companies for public and private use of easement areas. 6) Park dedication in a form as recommended by the Parks and Recreation Committee; 7) Sidewalks and trails installed by the Developer as identified by Staff; 8) Enhancement of landscaping along CSAH 42 within areas not screened by 6ft. high (along rear yards) berms; 9) Lot lines extended into ponding areas, requiring maintenance by the individual property owners or homeowners' association, subject to an easement in favor of the city; 10) Additional sidewalk installed on Street L between Block 8 and Block 9. Seconded by Arveson. Ayes: Caspar, Carr, Arveson, and Napper. Nays: 0. Motion carried. Old Business: None. New Business: None. Director's Report: None. There being no further business to come before this Commission, upon MOTION by Caspar and upon unanimous decision, the meeting was adjourned at 7:25 p.m. Respectfully submitted, (110 I 0 Dianne G. Quinnell Recording Secretary 14 CITY OF RO S E M O U N T 2875 C 1 45 t h i S t 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 May 22, 2001 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, May 22, 2001, in Room #221 of the Rosemount Community Center. Chairperson Jeff Caspar called the meeting to order at 6:30 p.m. with members Jeff Arveson, Myron Napper and Jana Carr present. Commissioner Jeffery Weisensel arrived at 6:55 p.m. Also in attendance were City Planner Rick Pearson and Councilmember Sheila Klassen. There were no additions or corrections to the agenda. Audience Input: None. Councilmember Klassen provided insight on City Council concerns regarding the Master Transmission site plan. This site is in the C -4 zoning district and the proposed use is within the guidelines. The City Council will be looking at the proposed driveway and how it will work with the streetscape plan, along with screening for residential neighbors. MOTION by Carr to approve the May 8, 2001 Regular Planning Commission Meeting Minutes. Seconded by Arveson. Ayes: Arveson, Carr, Napper, and Caspar. Nays: 0. Motion carried. Public Hearing: Master Transmission Site Plan Review and Variance Chairperson Caspar confirmed that the recording secretary has placed the Affidavit of Mailing and Posting of a Public Hearing Notice and Affidavit of Publication concerning the public hearing on Master Transmission Site Plan Review and Variance on file with the City. Mr. Pearson reviewed the site plan for Master Transmission. The existing building will be removed. The proposed building meets all setbacks. The existing driveway will remain in place until such time as South Robert Trail is reconstructed. At that time, the driveway will be relocated and shared with Genz -Ryan. Three variances are required for parking and the dumpster enclosure. There are 9 more parking spaces provided than what is required. A 4 foot wooden fence is proposed for separation from the residential neighborhood. Landscaping proposed is almost twice what is required, greenspace requirements have been met, and building materials meet city standards. MnDOT approval must be obtained for landscaping in the Hwy. 3 right -of -way. Findings in Planning Commission Regular Meeting Minutes May 22, 2001 Page 3 match the building and will be separated from the residential area by a six foot wood fence. MOTION by Arveson to grant the variances to front and side yard setbacks for parking; and rear yard setbacks for the dumpster enclosure, based upon the attached findings required for variances (section 14 of the Zoning Ordinance), with the stipulation that the six foot dumpster enclosure be constructed of rock faced material and be separated from the residential neighborhood by a six foot wood fence. Chairperson Caspar made a friendly amendment to the motion to itemize the variances granted, including a 20' variance to parking and driveway setbacks in the front, a 5' variance to parking setback at the north side, and a 10' variance to the setback for the dumpster enclosure at the rear. Motion, as amended, Seconded by Carr. Ayes: Caspar, Weisensel, Arveson, Carr, and Napper, Nays: 0. Motion carried. Chairperson Caspar closed the Board of Appeals Adjustments and reconvened the regular Planning Commission meeting. Commissioners discussed ways of ensuring that the driveway is changed at the time of the South Robert Trail improvements. Additionally, Chairperson Caspar inquired whether the applicant should be required to use contrasting colors on the rear side of the building. Mrs. Hestness indicated she did not feel that contrasting colors are necessary. MOTION by Weisensel to approve the site plan for Master Transmission subject to: 1) Granting of variances as requested by the Board of Appeals and Adjustments; 2) The applicant will agree to relocate the driveway at the time South Robert Trail is reconstructed in conformance with the South Robert Trail streetscape plan, said relocation to be secured through a Development Agreement in a form acceptable to the City Attorney; 3) Any landscaping that is not installed because of pending street improvements shall be secured in a form acceptable to the City Attorney; 4) Incorporation of recommendations for drainage, grading and related driveway improvements by the Interim City Engineer; and 5) Approval and cooperation by MnDOT for landscaping located within the STH 3 /South Robert Trail right -of -way. Seconded by Napper. Ayes: Weisensel, Arveson, Carr, Napper, and Caspar. Nays: 0. Motion carried. Old Business: Bloomfield Preliminary Plat Mr. Pearson explained that a rezoning motion for the Bloomfield "Carriage Homes" was inadvertently overlooked at the previous Planning Commission meeting. While the preliminary plat was approved, rezoning from R -1 to R -2 was missed. Planning Commission Regular Meeting Minutes May 22, 2001 Page 4 MOTION by Weisensel to recommend that the Carriage Homes (Blocks 12 and 13) be rezoned to R -2, Moderate Density Residential. Seconded by Carr. Ayes: Arveson, Carr, Napper, Caspar, and Weisensel. Nays: 0. Motion carried. New Business: Evermoor 8 Addition Final Plat Mr. Pearson presented the Final Plat for Evermoor 8 Addition, located north of Shannon Park Elementary School. The lots have been checked and are consistent with the approved Preliminary Plat and Evermoor PUD. The Evermoor PUD permits eight lots which are less than 80 feet wide. No variances have been identified. Commissioner Weisensel expressed concerns regarding the status of the wetlands. He described areas where dirt has washed out into wetland areas. Mr. Weisensel does not feel the developer has met its commitments to protect the wetlands. He requested strong enforcement of erosion control. Councilmember Klassen summarized City Council activity on the wetland issue, indicating that areas of non compliance were addressed at a recent meeting with several environmental agencies. Councilmember Klassen stressed that compliance will be strictly monitored. Chairperson Caspar inquired about sidewalks on the cul -de -sacs. Mr. Pearson described a network of trails on open spaces and thru- streets. Discussions continued concerning long cul -de -sacs and traffic patterns. MOTION by Caspar to recommend that the City Council approve the final plat for Evermoor 8 Addition subject to: 1) Execution of a subdivision agreement to secure public infrastructure including streets and utilities; 2) Incorporation of recommendations of the Interim City Engineer relative to drainage, easements, grading, public streets and utilities; 3) Payment of all platting, G.I.S., Park Dedication, applicable City Review fees and trunk/area fees as specified in the current fee schedule resolution. Seconded by Napper. Ayes: Napper, Caspar. Nays: Carr, Weisensel, and Arveson. Motion failed. Director's Report: None. There being no further business to come before this Commission, upon MOTION by Caspar and upon unanimous decision, the meeting was adjourned at 8:00 p.m. s ectfully s ted, d alf Dianne G. Quinnell Recording Secretary or ye n CITY OF ROSEMOU NT 2875 C 1 45 t h i SSteetWest 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 June 12, 2001 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, June 12, 2001, in the Banquet Room of the Rosemount Community Center. Vice Chairperson Jeff Weisensel called the meeting to order at 6:35 p.m. with members Jeff Arveson and Jana Carr present. Chairperson Caspar and Commissioner Napper were absent. Also in attendance were City Planner Rick Pearson, Planning Intern Aaron Jones, and Councilmember Sheila Klassen. There were no additions or corrections to the agenda. Audience Input: None. MOTION by Carr to approve the May 22, 2001 Regular Planning Commission Meeting Minutes. Seconded by Arveson. Ayes: Arveson, Carr, and Weisensel. Nays: 0. Motion carried. Public Hearing: Progress Land Company Mixed Use Concept PUD (Rosewood) Vice Chairperson Weisensel confirmed that the recording secretary has placed the Affidavit of Mailing and Posting of a Public Hearing Notice and Affidavit of Publication concerning the public hearing on Progress Land Company Mixed Use Concept PUD (Rosewood) on file with the City. Councilmember Klassen provided insight on City Council concerns regarding the Rosewood concept plan. The City Council will look hard at the expanded commercial use. The Comprehensive Guide Plan, which allows 7 acres of commercial on this site, would have to be amended to allow the additional commercial. The City Council is reluctant to amend the Comp Plan. There is also concern about the impact this expanded commercial will have on the commercial downtown and other commercial areas in the City. Mr. Pearson summarized the concept plan for Rosewood. The proposed development is located west of Biscayne Avenue, between CSAH 42 and 145 St. The Comprehensive Plan designates the entire parcel Urban Residential, except for a 7 acre parcel at the corner of CSAH 42 and the railroad track that is designated Commercial. Approximately 28 additional acres is proposed for commercial use. If the concept is approved, the Comprehensive Plan would have to be amended due to a change in land use for the Planning Commission Regular Meeting Minutes June 12, 2001 Page 2 additional commercial and 9 acres light industrial. The concept plan also provides for single family housing along Biscayne Avenue, multi family housing on both sides of the railroad spur, and 15 acres in the southeast corner for a church. Challenges to the concept plan include mitigation to counter the effects of Greif Bros. and the railroad spur. Mitigation could be in the form of physical barriers and increased separation from the railroad spur and from the industrial uses. The previous owner of the property determined that the railroad spur could not be relocated. Vice Chairperson Weisensel opened the meeting to the applicant. Warren Isrealson, President of Progress Land Company, indicated the only definite part of the plan is the 15 acres for the church. The developer is open to any suggestions for the remaining uses. He has concerns with the railroad spur, the railroad tracks, and the industrial uses surrounding residential uses. Mike Olson, Project Manager, indicated that, other than the church, the developer has no specific uses in mind for the remainder of the site. The developer is looking for direction from the City. If the increased commercial use is not acceptable, they will propose residential use. Commissioner Carr stated her preference that commercial uses be located close to the railroad rather than residential uses. Activity on the railroad tracks and spur were discussed. Mr. Pearson indicated that activity on the spur includes weekly shipments to Greif Bros., possible salt shipments to Dakota County, and turnarounds for trains. Approximately 10 -12 trains travel the main line each day. Vice Chairperson Weisensel opened the Public Hearing. Todd Schoffelman, 14712 Bloomfield Way, inquired about the process for changes to the concept plan. Jim Wilds, 14171 Cobbler Avenue, is a representative of St. John's church. He offered support for the concept plan and feels the development would be beneficial to the City. Betty Zanmiller, 2745 W. 145 St., feels the city needs more residential land. She believes the additional commercial proposed for this site would kill the downtown commercial. Dr. Terry Johnson, 13037 Charleston Way, responded that problems the downtown is experiencing would continue to happen without this additional commercial development. He feels that the more commercial the City can offer, the more it will serve to revitalize Planning Commission Regular Meeting Minutes June 12, 2001 Page 3 the downtown. Mr. Johnson noted that there is limited commercial land remaining in Rosemount. Kerry Budinger, 14680 Biscayne Way, believes it would make more sense to have commercial along Hwys. 3 and 42. She would not recommend having residential located so close to the railroad tracks. She also feels that more commercial would revitalize the downtown. MOTION by Arveson to close the public hearing. Seconded by Carr. Ayes: Carr, Weisensel, and Arveson. Nays: 0. Motion carried. Commissioners reviewed surrounding zoning uses. Vice Chairperson Weisensel indicated that he previously expressed his reservation for residential use in this area and that he would prefer to see a light industrial/business park designation. He believes the church is a good use and fits into the Urban Residential designation. He has no problem with the expanded commercial uses. Weisensel is concerned there could be a problem combining the light industrial use with commercial uses and feels there is too much residential proposed MOTION by Arveson to recommend that the City Council approve the concept for "Rosewood" subject to: 1) Amending the Comprehensive Plan for the change of Urban Residential land to more Commercial and Business Park (light industrial) land; 2) Rezoning in conformance with the Comprehensive Plan as amended; 3) Mitigation of the effects of the rail spur and adjacent Greif Bros. industrial use against the proposed residential uses; and 4) Conformance with the requirements for preliminary plat for the residential and commercial uses and conditional uses for development of the church site. Seconded by Carr. Ayes: Weisensel, Arveson, and Carr. Nays: 0. Motion carried. Public Hearing: Darrin Leslie Johnson Conditional Use Permit Vice Chairperson Weisensel confirmed that the recording secretary has placed the Affidavit of Mailing and Posting of a Public Hearing Notice and Affidavit of Publication concerning the public hearing on Darrin Leslie Johnson Conditional Use Permit on file with the City. Aaron Jones, Planning Intern, presented the request by Darrin Leslie Johnson for a Conditional Use Permit to operate a paintball operation at a site south of Pine Bend Trail. There are two other paintball games within the same area currently operating under different ownership. The property is zoned Agriculture and is currently not in use. Vice Chairperson Weisensel opened the meeting to the applicant. Darrin Johnson 110 summarized the activity associated with paintball games. The games will be played on fields less than an acre, with group sizes of 10 -18 people. Games will be played mostly Planning Commission Regular Meeting Minutes June 12, 2001 Page 4 on Saturdays. The operation is regulated by insurance and safety procedures are in place. They will use the existing road for access and add a parking lot. In response to Commissioner Arveson's inquiries, Mr. Johnson explained the participants rent the paintball equipment. Cylinders are filled from 50 lb. tanks located upon vehicles, which are removed when the games are completed. No structures will be constructed. Vice Chairperson Weisensel referred to a letter from D.W. Severson, dated June 4, 2001, in opposition to the conditional use permit. Mr. Severson referenced issues with his horses and calls made to the police. Mr. Pearson indicated the only police call related to a paintball operation was for trespass, which was resolved immediately. Mr. Johnson indicated the paintball games would be confined to an area at least 300 feet from the neighboring property and the horses. Trespassing would be avoided by the use of survey tape marking the boundaries and by referee supervision. Vice Chairperson Weisensel opened the public hearing. Pete Dutchek, representing CF Industries, expressed opposition to the conditional use permit, citing a concern for traffic and pedestrian safety. Mr. Dutchek explained his company is dependent upon high volume truck, rail and barge transportation. Pine Bend Trail is primarily an industrial road, servicing approximately 500 trucks daily. Mr. Dutchek's concerns include measures to ensure public and wildlife safety, security at the site when left unattended, hours of operation, insurance, anticipated number of people to be accommodated, service of food beverage, and trash. He also indicated that notification of this public hearing should have been sent beyond the 1 /4 mile radius. Mr. Jones responded that the entrance to the facility is gated. No parking is allowed on Pine Bend Trail. Hours of operation are 8 a.m. to sunset, Sunday through Saturday. Mr. Pearson explained statutory requirements for service of the public hearing notice. Mr. Johnson added to the responses that he has not experienced any traffic problems with other operations. Refreshments will be served. Trash will be collected and taken to an off -site location. If necessary, he would be willing to adopt Pine Bend Trail. Participants are supervised and instructed not to shoot at animals. Mr. Johnson described the required insurance. Julie Simones, 13273 Pine Bend Trail, is a neighboring property owner who owns and boards horses. Ms. Simones presented a letter, which was entered into the Clerk's record. Ms. Simones explained her concern that her horses would panic and run from the noise generated by the paintball operation. She is concerned for her children's safety and for the horses if they run through fences. The noise would affect breeding and her business Planning Commission Regular Meeting Minutes June 12, 2001 Page 5 could fail. There would also be a loss of wildlife. The quality of their life would be taken away. MOTION by Arveson to close the public hearing. Seconded by Carr. Ayes: Arveson, Carr, and Weisensel. Nays: 0. Motion carried. Commissioners further discussed the issue with the neighboring horses, including approximately 300 horses owned by Mr. Severson. Commissioner Carr reviewed standards governing CUPs, including the standard of excessive noise. MOTION by Arveson to recommend that the City Council approve the request for the CUP for Darrin and Lesley Johnson for a period of three years. Seconded by Weisensel. Ayes: Weisensel and Arveson. Nays: Carr. Motion carried. Public Hearing: Ames Construction /Ped Mineral Extraction Permit Renewal Vice Chairperson Weisensel confirmed that the recording secretary has placed the Affidavit of Mailing and Posting of a Public Hearing Notice and Affidavit of Publication concerning the public hearing on Ames Construction/Ped Mineral Extraction Permit Renewal on file with the City. Mr. Pearson summarized the mining activity at the Otto Ped site. Approximately 12,000 cubic yards of material were removed last year. No changes to the permit are requested. Vice Chairperson Weisensel opened the meeting to the applicant. Shawn Dahl, representing Ames Construction, explained that this pit is intended for use by Ames only and is not a public gravel operation. Vice Chairperson Weisensel opened the public hearing. There were no comments. MOTION by Carr to close the public hearing. Seconded by Arveson. Ayes: Weisensel, Arveson, and Carr. Nays: 0. Motion carried. MOTION by Carr to recommend that the City Council renew the mineral extraction permit for the Ped property for 2001 subject to the attached recommended conditions of operation. Seconded by Arveson. Ayes: Arveson, Carr, and Weisensel. Nays: 0. Motion carried. Public Hearing: Ames Construction /Furlong Mineral Extraction Permit Renewal Planning Commission Regular Meeting Minutes June 12, 2001 Page 6 Vice Chairperson Weisensel confirmed that the recording secretary has placed the Affidavit of Mailing and Posting of a Public Hearing Notice and Affidavit of Publication concerning the public hearing on Ames Construction/Furlong Mineral Extraction Permit Renewal on file with the City. Mr. Pearson summarized the mining activity at the Tom Furlong site. A correction was made to staffs report changing the reported 224,022 cubic yards removed from the pit area to 5,000 cubic yards. Extensive mining has taken place in Nininger Township in connection with the golf course under construction. Amounts from that mining operation were erroneously included in the Furlong amounts. No changes to the permit are requested. Vice Chairperson Weisensel opened the meeting to the applicant. Shawn Dahl, representing Ames Construction, described the extent of the mining activity of hauling sand across the street to the golf course. Vice Chairperson Weisensel opened the public hearing. There were no comments. MOTION by Arveson to close the public hearing. Seconded by Carr. Ayes: Carr, Weisensel, and Arveson. Nays: 0. Motion carried. MOTION by Carr to recommend that the City Council approve the mineral extraction permit renewal for Tom Furlong for the 2001 season subject to the attached recommended conditions of operation. Seconded by Arveson. Ayes: Weisensel, Arveson, and Carr. Nays: 0. Motion carried. Vice Chairperson recessed the regular Planning Commission meeting and opened the Board of Appeals Adjustments. Public Hearing: Bay Bay Transfer Variance for Sign Vice Chairperson Weisensel confirmed that the recording secretary has placed the Affidavit of Mailing and Posting of a Public Hearing Notice and Affidavit of Publication concerning the public hearing on Bay Bay Transfer request for a sign variance on file with the City. Mr. Pearson presented the request by Bay Bay Transfer for a variance from sign standards, allowing a sign 40' high and 150 sq.ft. in area. The ordinance allows a sign 20' in height and 100 sq.ft. in area. Bay Bay is located on Conley Avenue east of Hwy. 52 and claims that signage allowed by the zoning ordinance is not sufficient to allow visibility from Hwy. 52. Vice Chairperson Weisensel opened the meeting to the applicant. Planning Commission Regular Meeting Minutes June 12, 2001 Page 7 Sam Anderson, Bay Bay Transfer, provided a history of his family's business. Mike Lawrance, Signcrafters, summarized circumstances that meet the hardship criteria necessary for the granting of a variance, including an equitable opportunity to advertise, exceptional circumstances unique to the site, and deprivation of the use and enjoyment of the property. Bay Bay Transfer requires a larger sign because it is not visible from Hwy. 52 due to distance from Hwy. 52, grading, and the Wayne Transport facility. Vice Chairperson Weisensel opened the public hearing. There were no comments. MOTION by Carr to close the public hearing. Seconded by Arveson. Ayes: Arveson, Carr, and Weisensel. Nays: 0. Motion carried. Commissioner Carr viewed the subject site and indicated that visibility of Bay Bay is blocked by Wayne Transport. She supported their need for a larger sign. Vice Chairperson Weisensel did not feel Bay Bay had met the hardship burden. Although he had no objection to a larger sign, it is prohibited by ordinance. Weisensel recommended that the City Council give consideration to amending the current sign ordinance as it pertains to properties located along the Hwy. 52 corridor. MOTION by Weisensel to deny the variance for sign height and area requested by Bay Bay Transfer because of the inability to meet the hardship finding required in Section 14.2 of the Zoning Ordinance. Seconded by Arveson. Ayes: Weisensel and Arveson. Nays: Carr. Motion carried. Vice Chairperson Weisensel closed the Board of Appeals Adjustments and reconvened the regular Planning Commission meeting. Old Business: None New Business: None Director's Report: None. There being no further business to come before this Commission, upon MOTION by Weisensel and upon unanimous decision, the meeting was adjourned at 8:30 p.m. Respectfully sub -d, Dianne G. Quinnell Recording Secretary vo CITY TY OF RO S E M O U N T CITY HALL 2875 145th Street West 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 26, 2001 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, June 26, 2001, in the Banquet Room of the Rosemount Community Center. Chairperson Jeff Caspar called the meeting to order at 6:30 p.m. with members Jeff Arveson, Myron Napper, Jana Carr, and Jeff Weisensel present. Also in attendance were City Planner Rick Pearson and Planning Intern Aaron Jones. There were no additions or corrections to the agenda. Audience Input: None. MOTION by Weisensel to approve the June 12, 2001 Regular Planning Commission Meeting Minutes. Seconded by Carr. Ayes: Arveson, Napper, Caspar, Carr, and Weisensel. Nays: 0. Motion carried. Public Hearing: Ted Jennifer Carothers Variance Chairperson Caspar confirmed that the recording secretary has placed the Affidavit of Mailing and Posting of a Public Hearing Notice and Affidavit of Publication concerning the public hearing on the application by Ted Jennifer Carothers for a variance. Aaron Jones presented the request by Ted and Jennifer Carothers for a variance from front and side yard setbacks to build an attached three -stall garage and for a 6' fence. The existing garage has a driveway that exits onto Damask Avenue. The proposed garage would have a driveway exiting onto Danbury Avenue. Ted Carothers provided further explanation for the requested variance. The existing garage uses up most of the back yard space. He indicated there have been no accidents at the Danbury /Damask corner and he noted numerous other driveways that presently exit onto Danbury. Chairperson Caspar opened the public hearing. Tom Raschke, 14573 Damask Avenue, indicated that the volume of traffic on Danbury, combined with poor visibility at the intersection, create safety concerns at the Danbury/Damask intersection. Cars parked on the driveway proposed by Carothers would further block vision at the intersection. He suggested an L- shaped layout for the garage, with the driveway exiting onto Damask. Planning Commission Regular Meeting Minutes June 26, 2001 Page 2 Mike Hessian, 14505 Danbury Avenue, identified multiple driveways exiting onto Danbury. He felt the driveway for Carothers' proposed garage should exit onto Damask. Duane Kulla, appeared on behalf of his parents who live at 14550 Danbury Ave. Mr. Kulla expressed his parents' concern with traffic on Danbury and pine trees blocking the view of the intersection. Vehicles parked in the proposed driveway would create additional blockage of the view. Discussions continued concerning a variance for the fence. Carothers' lot has two front yards, both on Danbury Ave. and Damask Ave. The 6' fence they have requested along Damask Ave. is limited by ordinance to a height of 42 Mr. Carothers responded to concerns explaining the proposed driveway would be 65' long and would allow ample space for parking. Traffic issues on Danbury Ave. will continue to exist regardless of the requested driveway. Commissioners reviewed the restrictions placed on this lot by city ordinance. Other alternatives were considered. Commissioner Weisensel recommended that the City Council consider changes to corner lot restrictions imposed by city ordinance. MOTION by Caspar to recommend that the Board of Appeals deny the request of a variance for garage and fence, subject to the fact that hardship is not presented. Seconded by Arveson. Ayes: Napper, Caspar, Carr, Weisensel, and Arveson. Nays: 0. Motion carried. MOTION by Weisensel to close the public hearing. Seconded by Carr. Ayes: Caspar, Carr, Weisensel, Arveson, and Napper. Nays: 0. Motion carried. Public Hearing: Jeffrey A. Miller Variance Chairperson Caspar confirmed that the recording secretary has placed the Affidavit of Mailing and Posting of a Public Hearing Notice and Affidavit of Publication concerning the public hearing on the application by Jeffrey A. Miller for a variance. Mr. Pearson explained the nature of the variance request to place a 480 sq.ft accessory structure in a back yard. The two- tiered setback regulations for accessory structures in the R1 -A zoning district require rear yard setbacks of 5' for structures 120 sq.ft. or less and 25 feet for structures over 120 sq.ft. Additionally, regulations for corner lots require a 30 foot setback from the street side. The applicant is asking to locate the proposed structure 5 feet from the rear property line and 17 feet from the street side. Planning Commission Regular Meeting Minutes June 26, 2001 Page 3 Mr. Pearson presented alternate locations for the accessory structure that would meet setback requirements. Options for a modified variance were reviewed. Jeff Miller explained the existing fence would remain untouched. Placing the structure 25' from the rear property line would put it right up to a deck. They are in compliance with the 30% lot coverage requirement. Neighbors have been supportive of his plans. Mr. Pearson indicated the existing garage attached to the house extends into the setback area, making it non conforming. Locating the accessory structure behind the non- conforming garage could result in a variance legitimizing the garage in the process. Commissioner Carr mentioned that safety is not an issue in this instance and that she would not want to see any trees lost. Chairperson Caspar commented that the structure should be located within the setback area if possible. He emphasized that it is important to remain consistent. Mr. Pearson affirmed that no objections were received from the neighbors. Mr. Miller urged Commissioners to be more open minded, to look at the surrounding neighborhood, and to be more concerned about the quality of what is being built. Commissioner Weisensel recommended that the City Council look at the two- tiered setback regulations for accessory structures. MOTION by Carr to close the public hearing. Seconded by Arveson. Ayes: Carr, Weisensel, Arveson, Napper, and Caspar. Nays: 0. Motion carried. MOTION by Carr to approve the variance request because of the impact of the significant trees and the impact on the rear yard. Seconded by Napper. Ayes: Napper, Carr, and Weisensel. Nays: Arveson and Caspar. Motion carried. Public Hearing: Schlukebier Lot Width Variance Rezoning and Administrative Plat Chairperson Caspar confirmed that the recording secretary has placed the Affidavit of Mailing and Posting of a Public Hearing Notice and Affidavit of Publication concerning the public hearing on the applications by Chris and Lynda Schlukebier for a lot width variance, rezoning, and administrative plat. Mr. Pearson summarized the proposal by Schlukebiers to purchase approximately 14 acres from Joe Altendorfer and subdivide the property into a 3 acre parcel for the existing house and 10.77 acres for a home to be built by Schlukebiers. The 10.77 acre lot will have 50' of frontage rather than the required 200' frontage, requiring a variance to lot Planning Commission Regular Meeting Minutes June 26, 2001 Page 4 width requirements. The proposed driveway must be shifted out of the wetland. Additionally, the property must be rezoned from Agriculture to Rural Residential in compliance with the Comprehensive Plan. Mr. Pearson explained an issue with a landlocked parcel of property located east of Schlukebiers' property and owned by the McMenomy family. It is uncertain whether an easement exists providing access for this property to the public road to the north. If an easement does exist, wetland mitigation would have to occur. Consideration was given to an easement along the southern boundary of Schlukebiers' property for access to the McMenomy property. However, it would be necessary for the property owners to the south to also grant an easement, and it appears they are unwilling to do so. Chairperson Caspar opened the public hearing. Terry McMenomy, Woodbury, Minnesota, addressed issues with access to their property. He explained that, if an easement does exist to the north, a road could not be located through a wetland to gain access to Bacardi. John McMenomy, 1283 135 St. W., provided additional background on the access issue. Discussions continued on the access issue to the McMenomy property. MOTION by Arveson to close the public hearing. Seconded by Carr. Ayes: Napper, Caspar, Carr, Weisensel, and Arveson. Nays: 0. Motion carried. MOTION by Caspar to grant the variance to lot width requirements based upon the attached (draft) findings required of Section 14.2 of the zoning ordinance subject to relocating the proposed driveway out of the 75 ft. buffer area. Seconded by Arveson. Ayes: Carr, Weisensel, Arveson, Napper, and Caspar. Nays: 0. Motion carried. MOTION by Arveson to close the Board of Appeals Adjustment and reconvene the regular Planning Commission meeting. Seconded by Caspar. Ayes: Weisensel, Arveson, Napper, Caspar, and Carr. Nays: 0. Motion carried. MOTION by Weisensel to recommend that the City Council rezone the 13.77 acres to Rural Residential in conformance with the Comprehensive Plan. Seconded by Arveson. Ayes: Weisensel, Arveson, Napper, Caspar, and Carr. Nays: 0. Motion carried. MOTION by Weisensel to recommend that the City Council approve the Administrative Plat for 12050 Bacardi Avenue subject to: 1) Granting of the variance to lot width standards (allowing the "flag lot by the Board of Appeals Adjustments; 2) Payment CITY OF ROSEMOUNT 2875 C'45 Street West S 9 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 July 10, 2001 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, July 10, 2001, in the Banquet Room of the Rosemount Community Center. Chairperson Jeff Caspar called the meeting to order at 6:30 p.m. with members Jeff Arveson, Myron Napper, and Jeff Weisensel present. Commissioner Jana Carr was absent. Also in attendance were City Planner Rick Pearson, Councilmember Sheila Klassen, and Planning Intern Aaron Jones. There were no additions or corrections to the agenda. Audience Input: None. MOTION by Arveson to approve the June 26, 2001 Regular Planning Commission Meeting Minutes. Seconded by Napper. Ayes: Arveson, Napper, Caspar, and Weisensel. Nays: 0. Motion carried. Public Hearing: D.R. Horton Crosscroft Clubhouse Site Plan Review Chairperson Caspar confirmed that the recording secretary has placed the Affidavit of Mailing and Posting of a Public Hearing Notice and Affidavit of Publication concerning the public hearing on the application by D.R. Horton for a site plan review concerning the Crosscroft Clubhouse. Councilmember Klassen updated the Planning Commission on the status of erosion control issues at the Evermoor development. Meetings have occurred between numerous environmental agencies, the city and the developer. The City Water Resource Engineer has been working closely with Dakota County Soil Water Conservation District (SWCD) and is meeting each Wednesday with the developer. Inspections are being performed by SWCD and the City Council has been provided weekly updates. The PCA has commended the developer for the work it has done to control erosion. Aaron Jones presented the site plan for the Crosscroft Clubhouse. The project is located on approximately 4 acres along Shannon Parkway, south of Shannon Park. The clubhouse will be used as a recreational site for seniors. Parking, signage, and landscaping were reviewed, along with clubhouse amenities. Chairperson Caspar confirmed that the applicant had not yet arrived. Planning Commission Regular Meeting Minutes July 10, 2001 Page 2 Chairperson Caspar opened the public hearing. There were no comments. MOTION by Arveson to close the public hearing. Seconded by Caspar. Ayes: Napper, Caspar, Weisensel, Arveson. Nays: 0. Motion carried. Commissioners reviewed parking setbacks and landscaping. MOTION by Caspar to approve the site plan for Crosscroft clubhouse subject to: 1) All parking be provided no less than twenty feet (20') from all property lines which adjoin a public street; and 2) Conformance with all applicable building and fire codes. Seconded by Weisensel. Ayes: Caspar, Weisensel, Arveson, and Napper. Nays: 0. Motion carried. Public Hearing: Washington Heights Preliminary Plat Chairperson Caspar confirmed that the recording secretary has placed the Affidavit of Mailing and Posting of a Public Hearing Notice and Affidavit of Publication concerning the public hearing on the application by Washington Heights for a preliminary plat for Outlot C, McNamara Addition. Mr. Pearson presented the preliminary plat proposed for approximately 7 acres located between Cub Foods and Goodyear, between CSAH 42 and 151 St. Five lots are proposed. No additional driveways are allowed from CSAH 42 or 151 St. Mr. Pearson reviewed the internal traffic circulation and indicated that sufficient parking is provided. Staff recommends that the requirements of the PUD remain in place. The lot boundary lines must be adjusted to be located in the traffic lanes or parking islands rather than through parking spaces. The developer has agreed to this adjustment. Two additional conditions of approval are recommended, including utilization of installed curb cut and apron on Claret Avenue, along with installation of sidewalks around the entire perimeter of the site and connections to the interior of the building pads. Chairperson Caspar confirmed that the applicant had not yet arrived. Chairperson Caspar opened the public hearing. Stein Bruch, 15142 Cimarron Avenue, represented the homeowners association for Claret Springs Village. Mr. Bruch stated there should be no expectation by the developer for amendments to the PUD such as Cub received. He does not believe landscaping requirements behind Cub and Goodyear have been met. The residents want a berm with trees rather than a brick wall for screening. He asked that sufficient space be left behind the buildings to allow for landscaping. Planning Commission Regular Meeting Minutes July 10, 2001 Page 3 Tracy Morgan, 14950 Colorado Avenue, inquired about the hours of operation. He is concerned with the design of the back of the buildings and garbage storage. Sherri Wisdorf, 15127 Cimarron Court, inquired about landscaping and the ponding area between Goodyear and 151 St. Mr. Pearson described landscaping expectations. Terese Sweitzer, 15101 Cimarron Avenue, doesn't want to look out her window or second floor deck and see the backs of retail stores. She is concerned about the sufficiency of landscaping, garbage odors, semi traffic, noise control, and hours of operation. Evelyn Lozraities, 15123 Cimarron Court, commented on the bright lights at Goodyear. She is concerned with landscaping, hours of operation, and traffic. Stein Bruch added that the architectural design of the buildings is a concern to the residents. MOTION by Arveson to close the public hearing. Seconded by Weisensel. Ayes: Weisensel, Arveson, Napper, and Caspar. Nays: 0. Motion carried. Commissioners reviewed landscaping requirements. Mr. Pearson addressed questions concerning the hours of operation. He explained the city does not control hours of operation, except in the PUD where Walgreens and the daycare fronting Shannon Parkway are limited to 11:00 p.m. Cub will be a 24 hour operation. Mr. Pearson explained in further detail the process for review and approval of each separate building. The proposal is for three restaurants and two retail businesses. Any change to this proposal would require a public hearing. Traffic circulation was discussed. Mr. Pearson explained the limitations placed by the county on access to CSAH 42. Commissioner Arveson commented on the small size of Lot 1. Mr. Pearson responded that the lot meets the minimum lot size requirement. Parking and greenspace standards would be met. Chairperson Caspar acknowledged the arrival of Chris Deanovic of Washington Heights, the applicant. Mr. Deanovic explained the developer's goal to stay within the PUD. He summarized the anticipated retail uses. MOTION by Caspar to recommend that the City Council approve the Washington Heights 1 Addition Preliminary Plat subject to: 1) Adjusting lot boundary lines to split traffic lanes or parking islands only; 2) Dedication of cross access easements between all Planning Commission Regular Meeting Minutes July 10, 2001 Page 4 of the lots for maintenance and use of the private driveway and shared parking; 3) Incorporation of recommendations by the Interim City Engineer relative to drainage, easements, grading, streets and utilities; 4) Compliance with architectural, landscaping and signage standards specified in the Chippendale Partnership Planned Unit Development Agreement and related documents (all of which still apply); 5) Payment of all fees related to platting as specified in the current fee schedule at the time of final plat; 6) Conformance with the requirements of Ordinance B the zoning ordinance for final plat, site plan review and PUD Amendments as necessary; 7) Utilization of installed curb cut and apron on Claret Avenue; 8) Sidewalks around the entire perimeter of the site and sidewalk connection to the interior of the building pads; and 9) Lighting consistent with the neighborhood surrounding the development. Seconded by Arveson. Ayes: Arveson, Napper, Caspar, and Weisensel. Nays: 0. Motion carried. Old Business: None. New Business: None. Director's Report: None. There being no further business to come before this Commission, upon MOTION by Caspar and upon unanimous decision, the meeting was adjourned at 7:40 p.m. Respectfully submitted, 1 Dianne G. Quinnell Recording Secretary CITY OF RO S E M O U N T 2875 C 1 45 t h i 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 July 24, 2001 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, July 24, 2001, in the Banquet Room of the Rosemount Community Center. Vice Chairperson Jeff Weisensel called the meeting to order at 6:30 p.m. with members Jeff Arveson, Myron Napper, and Jana Carr present. Chairperson Jeff Caspar was absent. Also in attendance was City Planner Rick Pearson. There were no additions or corrections to the agenda. Audience Input: None. MOTION by Arveson to approve the July 10, 2001 Regular Planning Commission Meeting Minutes. Seconded by Napper. Ayes: Arveson, Napper, Carr, and Weisensel. Nays: 0. Motion carried. Public Hearing: Rosemount 2020 Comprehensive Plan Amendment Mr. Pearson explained that the City Council has decided not to proceed with amending the Comprehensive Plan at this time. Therefore, the public hearing has been cancelled. Public Hearing: Church of St. Joseph Lot Split Vice Chairperson Weisensel confirmed that the recording secretary has placed on file with the City the Affidavit of Mailing and Posting of a Public Hearing Notice and Affidavit of Publication concerning the public hearing on the Lot Split requested by Church of St. Joseph. Mr. Pearson summarized the application of Church of St. Joseph to divide the Nelson property into two parcels. The property is located east of Biscayne Avenue, north of Biscayne Pointe. Nelsons' house that is located on the northerly half will remain. The southerly approximately 30 acres will be the future site of Church of St. Joseph. Easements on both sides of the split will be required for Connemara Trail. The Interim City Engineer will include recommendations to the City Council for any additional easements. Fees will be calculated in the future when the northerly portion is subdivided. Planning Commission Regular Meeting Minutes July 24, 2001 Page 2 Vice Chairperson Weisensel opened the meeting to the applicant. Gary Mitchell appeared on behalf of Church of St. Joseph. He indicated the church has an option to purchase the Nelson property and that the church will do whatever is required for the Connemara Trail alignment. Commissioner Arveson confirmed that the church is a permitted use in the R -1 zoning district through a conditional use permit. Vice Chairperson Weisensel opened the public hearing. There were no comments. MOTION by Carr to close the public hearing. Seconded by Arveson. Ayes: Napper, Carr, Weisensel, and Arveson. Nays: 0. Motion carried. MOTION by Carr to recommend that the City Council approve the lot split of the Nelson property of the Church of St. Joseph subject to incorporation of recommendations relative to street alignments, right -of -way and easements by the Interim City Engineer. Seconded by Arveson. Ayes: Carr, Weisensel, Arveson, and Napper. Nays: 0. Motion carried. Old Business: None New Business: None Director's Report: Mr. Pearson announced the Planning Commission is invited to a Port Authority Worksession at 6:00 p.m. on Tuesday, August 21, 2001, for a discussion on the Downtown Plan. There being no further business to come before this Commission, upon MOTION by Weisensel and upon unanimous decision, the meeting was adjourned at 6:42 p.m. Respectfully submitted, b '4 Dianne G. Quinnell Recording Secretary CITY O F RO S E M O U N T CITY HALL 2875 145th Street West Rosemount, MN Everything's Coming Up Rosemount!! 55068 -4997 Phone 651- 423 -4411 Hearing Impaired 651 423 -6219 Fax 651423 -5203 Planning Commission Regular Meeting Minutes August 14, 2001 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, August 14, 2001, in the Banquet Room of the Rosemount Community Center. Chairperson Jeff Caspar called the meeting to order at 6:30 p.m. with members Jeff Arveson, Myron Napper, and Jeff Weisensel present. Commissioner Jana Carr was absent. Also in attendance were City Planner Rick Pearson, Planning Intern Aaron Jones, and Councilmember Sheila Klassen. There were no additions or corrections to the agenda. Audience Input: None. MOTION by Arveson to approve the July 24, 2001 Regular Planning Commission Meeting Minutes. Seconded by Napper. Ayes: Arveson, Napper, Caspar, and Weisensel. Nays: 0. Motion carried. Public Hearing: Margaret Jacques Fence Variance Chairperson Caspar confirmed that the recording secretary has placed on file with the City the Affidavit of Mailing and Posting of a Public Hearing Notice and Affidavit of Publication concerning the public hearing on the Margaret Jacques variance application. Mr. Jones summarized the request for a variance from the 30' street sideyard setback requirements for a corner lot. Ms. Jacques wishes to install a six -foot high fence within the setback area. Staff feels the fence would present visibility issues at the intersection and would intrude into the neighbor's front yard area. Landscaping alternatives were recommended. Chairperson Caspar opened the meeting to the applicant. Margaret Jacques indicated the map on the mailed public hearing notice seemed to indicate the fence would be located in their front yard and that this caused confusion with the neighbors. She presented additional letters in support of the variance, together with comparisons to other similar lots with six -foot fences. She explained that the fence is necessary for privacy and for her children's safety as a result of increased traffic on December Trail and activity at Lions Park. Placement of the fence out of the 30' setback area would reduce the useable area of their back yard. The rear property owner who is most affected by the fence has no objection to the variance. Planning Commission Regular Meeting Minutes August 14, 2001 Page 2 Chairperson Caspar recessed the regular Planning Commission meeting and opened the Board of Appeals Adjustment. Chairperson Caspar opened the public hearing. There were no comments. MOTION by Caspar to close the public hearing. Seconded by Weisensel. Ayes: Napper, Caspar, Weisensel, and Arveson. Nays: 0. Motion carried. Commissioners inquired about existing, similar fences in the neighborhood and whether an enforcement problem exists or if variances were granted which allowed them. Chairperson Caspar felt the variance allowing the fence would create a public safety issue. The Jacques have an existing chainlink fence, which is 10' into the setback area. There was discussion whether the 6' fence could be allowed in the chainlink fence location. Commissioner Weisensel recommended that a prior mistake not be legitimized, that the City take a look at apparent enforcement issues with other existing fences, and that the City Council review corner lot issues. MOTION by Weisensel to recommend that the Board of Appeals deny the request of a variance for a fence, subject to the fact that hardship is not presented, and that the City Council review the issue of fences in relation to corner lots. Seconded by Arveson. Ayes: Caspar, Weisensel, Arveson, and Napper. Nays: 0. Motion carried. Chairperson Caspar closed the Board of Appeals Adjustments and reconvened the regular Planning Commission meeting. Old Business: None New Business: Evermoor Wicklow Addition Final Plat Mr. Pearson presented the application by Contractor Property Developers Company for the Wicklow Addition final plat. The plat consists of ten lots which back up to Country Hills and Shannon Hills. The final plat is consistent with the approval preliminary plat. The developer will adjust the lot lines to eliminate a 5' width deficiency for Lot 5. MOTION by Caspar to recommend that the City Council approve the final plat for Evermoor Wicklow Addition subject to: 1) Modification to Lot 5, Block 2 to eliminate the lot width variance; 2) Execution of a subdivision agreement to secure public infrastructure including streets and utilities; 3) Incorporation of recommendations of the Interim City Engineer relative to drainage, easements, grading, public streets and utilities; and 4) Payment of all platting, G.I.S., Park Dedication, applicable City Review fees and Planning Commission Regular Meeting Minutes August 14, 2001 Page 3 trunk/area fees as specified in the current fee schedule resolution. Seconded by Weisensel. Ayes: Weisensel, Arveson, Napper, and Caspar. Nays: 0. Motion carried. New Business: Evermoor Corrective Plat for Innisfree As Council liaison to the Planning Commission, Councilmember Klassen expressed her concern with the corrective platting process and that this new process would not circumvent a process or create a precedent. Based upon conversations with the city attorney, Councilmember Klassen explained that the recommended action, while it does not fit the language of paragraph 6.2.E. of the Subdivision Ordinance, it is close in intent. She recommended the Planning Commission proceed with the corrective platting process, provided that 1) it does not create new lots, streets, variances, or affect existing buildings, 2) it is minor in its effect to the City, the project, and residents, and 3) it is consistent with the approved preliminary plat and PUD. Mr. Pearson summarized the developer's request to adjust lot lines. The detached townhomes are larger than originally anticipated and, without the lot line adjustments, would not fit within the required six -foot side setbacks. The change does not result in any variances and is consistent with the approved PUD. 0 Discussions continued concerning the corrective plat process. MOTION by Arveson to recommend that the City Council approve the corrective plat for Innisfree subject to: 1) Payment of G.I.S. fees for the revised lot boundary lines; 2) Incorporation of recommendations of the Interim City Engineer relative to easements as necessary for the plat. Seconded by Napper. Ayes: Arveson, Napper, Caspar, and Weisensel. Nays: 0. Motion carried. Director's Report: None. There being no further business to come before this Commission, upon MOTION by Caspar and upon unanimous decision, the meeting was adjourned at 8:00 p.m. Respectfully submitted, e 0 Dianne G. Quinnell Recording Secretary E. iy m CITY OF ROSEMOUNT 2875 "tet West Rosemount, MN 55068 -4997 Everything's s COI7 ing Up Rosemount!! Phone 651- 423 -4411 Hearing Impaired 651- 423 -6219 Planning Commission Fax 651-423-5203 Regular Meeting Minutes August 28, 2001 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, August 28, 2001, in the Banquet Room of the Rosemount Community Center. Vice Chairperson Jeff Weisensel called the meeting to order at 6:30 p.m. with members Myron Napper and Jana Carr present. Chairperson Jeff Caspar and Commissioner Jeff Arveson were absent. Also in attendance were City Planner Rick Pearson and Planning Intern Aaron Jones. There were no additions or corrections to the agenda. Audience Input: None. MOTION by Napper to approve the August 14, 2001 Regular Planning Commission Meeting Minutes. Seconded by Weisensel. Ayes: Napper, Carr, and Weisensel. Nays: II 0. Motion carried. Public Hearing: Scott Christina Peterson Variance Vice Chairperson Weisensel confirmed that the recording secretary has placed on file with the City the Affidavit of Mailing and Posting of a Public Hearing Notice and Affidavit of Publication concerning the public hearing on the variance requested by Scott and Christina Peterson. Vice Chairperson Weisensel recessed the regular Planning Commission meeting and opened the Board of Appeals Adjustments. Mr. Jones summarized the Petersons' request for a 1,750 sq.ft., five -stall attached garage. The Petersons live on Fischer Avenue in the Agricultural District. Petersons are requesting a variance from zoning requirements, which limits an attached garage to a maximum size of 1,000 sq.ft. In addition to the home, there is an existing 30'x30' barn. Zoning regulations allow an aggregate total of 2400 sq.ft. for unattached accessory buildings. Staff recommends that the variance be denied. Options do exist allowing the Petersons to enlarge their existing garage to 1,000 sq.ft. and to build a separate unattached garage up to 1,500 sq.ft. in size. Vice Chairperson Weisensel opened the meeting to the applicant. Christina Peterson explained that their growing family required more parking and storage space. The house living area was extended into the existing garage to provide additional closet space. They are opposed to an unattached garage for convenience purposes. Planning Commission Regular Meeting Minutes August 28, 2001 Page 2 Commissioner Napper inquired about other homes in the area and whether the five -stall garage would be out of proportion with other properties. Vice Chairperson Weisensel opened the public hearing. There were no comments. MOTION by Carr to close the public hearing. Seconded by Napper. L Ayes: Carr, Weisensel, and Napper. Nays: 0. Motion carried. Commissioners discussed options available to the applicant. Approximately 530 sq.ft. could be added to the existing garage and approximately 1500 sq.ft. is available for an unattached garage. The hardship criteria have not been met by the applicant. MOTION by Napper to recommend that the Board of Appeals and Adjustments deny the request of a variance for attached garage, subject to Ordinance 4.15, F. Seconded by Carr. Ayes: Weisensel, Napper, and Carr. Nays: 0. Motion carried. Vice Chairperson Weisensel closed the Board of Appeals and Adjustments and reconvened the regular Planning Commission meeting. Public Hearing: Biscayne Pointe Fourth Addition Concept PUD Vice Chairperson Weisensel confirmed that the recording secretary has placed on file with the City the Affidavit of Mailing and Posting of a Public Hearing Notice and Affidavit of Publication concerning the public hearing on the Concept PUD for Biscayne Pointe Fourth Addition. Mr. Pearson presented the concept plan for Biscayne Pointe Fourth Addition, located north of Biscayne Pointe development, '/4 mile east of Biscayne Avenue and east of the proposed site for St. Joseph's. Connections to Connemara Trail were reviewed. The Parks Recreation Commission feels that two lots in the southern portion of the development should be absorbed into the existing park. Several issues remain unresolved, including street alignment and ponding. These issues cannot be resolved within the 60 day statutory period. Staff believes this concept plan is premature Discussions continued concerning the Connemara Trail location and spacing between intersections. Vice Chairperson Weisensel opened the meeting to the applicant. Tom Von Bische addressed issues related to the location of Birchwood Avenue and suggested that it run along the property line. Because the drainage pond also services the church property, he suggested that the pond be moved to the western boundary. Because his development will be assessed for Connemara Trail, he feels the development should have the right to 10 access onto Connemara Trail. Mr. Pearson explained it is too early to comment on Mr. Von Bische's suggestions. Extensive design changes cannot be accomplished in a meeting. Planning Commission Regular Meeting Minutes August 28, 2001 Page 3 Vice Chairperson Weisensel opened the public hearing. Shawn Kurth, 2217 Birch St. W., expressed concerns with increased traffic, safety for children at the park, and with drainage as a result of the high elevation of the subject property. He would prefer to see a more natural setting than additional housing. Don Flach, 2100 135 St. W., doesn't want to see this project rushed. Development of this property would leave his property to the east landlocked. Mr. Pearson addressed concerns with traffic and elevation. Alaina Kapp, 2201 Birch St. W., commented on the odd shape of the development and inquired about development of surrounding properties. MOTION by Carr to close the public hearing. Seconded by Napper. Ayes: Napper, Carr, and Weisensel. Nays: 0. Motion carried. MOTION by Carr to recommend that the City Council deny the concept for Biscayne Pointe Fourth Addition because it is premature. Seconded by Napper. Ayes: Carr and Napper. Nays: Weisensel. Motion carried. Public Hearing: Westhaven Preliminary Plat and Final Plat Vice Chairperson Weisensel confirmed that the recording secretary has placed on file with the City the Affidavit of Mailing and Posting of a Public Hearing Notice and Affidavit of Publication concerning the public hearing on the Preliminary Plat for Westhaven. Mr. Pearson presented the proposal by Basic Builders for an 8 lot single family residential development located south of Dodd Boulevard and north of 150 St. W. The development utilizes a combination of three existing parcels and creates five new lots. Tree replacement requirement is 21 trees, in addition to boulevard trees. A construction business has been located on the property for many years. The new development will eliminate construction debris stored on the site. Mr. Pearson recommended that an additional condition for approval include conformance with the Home Occupation standards of the ordinance. Vice Chairperson Weisensel opened the meeting to the applicant. Jeffery Nivala of Basic Builders was available to answer questions. Vice Chairperson Weisensel opened the public hearing. Jack Wallace, 4220 150 St. W., inquired about the route for construction traffic. He expressed concerns for safety of the children who play in the cul -de -sac. Planning Commission Regular Meeting Minutes August 28, 2001 Page 4 Don Ludescher, 4155 150 St. W., asked about the status of a road that goes from the cul -de -sac through the property. Mr. Pearson explained the corridor is not a city street and will be eliminated by the development. Mr. Nivala indicated that safety is a number one issue for Basic Builders and they have received no complaints about construction traffic on other jobs. MOTION by Napper to close the public hearing. Seconded by Carr. Ayes: Weisensel, Napper, and Carr. Nays: 0. Motion carried. MOTION by Weisensel to recommend that the City Council approve the preliminary plat for Westhaven subject to: 1) Incorporation of recommendations of the Interim City Engineer relative to drainage, easements, grading and utilities; 2) Park dedication in accordance with recommendations of the Parks and Recreation Commission; 3) Preparation and implementation of a landscaping plan that includes five boulevard trees and 21 replacement trees in accordance with the tree preservation requirements; and 4) Conformance with the Home Occupation standards of the city ordinance. Seconded by Carr. Ayes: Napper, Carr, and Weisensel, Nays: 0. Motion carried. 411/ MOTION by Weisensel to recommend that the City Council approve the final plat for Westhaven subject to: 1) Execution of a subdivision agreement to secure public infrastructure and landscaping; and 2) Payment of all applicable platting fees specified in the current fee schedule including park dedication, G.I.S., hook -up and trunk fees. Seconded by Carr. Ayes: Carr, Weisensel, and Napper. Nays: 0. Motion carried. Old Business: None New Business: None Director's Report: None. There being no further business to come before this Commission, upon MOTION by Weisensel and upon unanimous decision, the meeting was adjourned at 8:00 p.m. Respectfully submitted, Dianne G. Quinnell Recording Secretary 1 CITY OF ROSEMOUNT 2875 C1I HALL 45th Street West *,0 v Rosemount, MN s 55068-4997 Everything's Coming Up Rosemount!! Phone: 651- 423 -4411 Hearing Impaired 651. 423.6219 zda Fax 651 -423 -5203 Planning Commission Regular Meeting Minutes September 11, 2001 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, September 11, 2001, at the Park Shelter located at Central Park in Rosemount, Minnesota. Chairperson Jeff Caspar called the meeting to order at 6:30 p.m. with members Jeff Arveson, Myron Napper, Jana Carr, and Jeff Weisensel present. Also in attendance was City Planner Rick Pearson. Chairperson Caspar announced that Item 5.A. Progress Land Company (Rosewood) Concept Plan would be pulled from the agenda. The public hearing is continued to September 25, 2001, to allow the applicant an opportunity to revise the plan. Mr. Pearson indicated that Technical Erectors eliminated the need for a variance; therefore, Item 5.C. could be removed from the agenda. There were no other additions or corrections to the agenda. Audience Input: None. Commissioner Carr asked that the Minutes of the August 28, 2001 Regular Planning Commission meeting be corrected to reflect that Commissioner Weisensel voted against the recommended action on the Biscayne Pointe Fourth Addition Concept PUD. MOTION by Weisensel to approve the August 28, 2001 Regular Planning Commission Meeting Minutes, as amended. Seconded by Carr. Ayes: Arveson, Napper, Caspar, Carr, and Weisensel. Nays: 0. Motion carried. Public Hearing: Technical Erectors Site Plan Review Chairperson Caspar confirmed that the recording secretary has placed on file with the City the Affidavit of Mailing and Posting of a Public Hearing Notice and Affidavit of Publication concerning the public hearing on Technical Erectors Site Plan Review. Mr. Pearson presented the site plan for a 2200 sq.ft. building and a 1300 sq.ft. expansion proposed by Technical Erectors. The building site is located north of Hwy. 55 in the Mississippi River Critical Corridor Area. Setbacks for bluff line protection will be met. The applicant has agreed to adjust the site plan to meet the parking setback and eliminate the need for a variance. The building meets all city standards and landscaping exceeds all requirements. Standards require 43 parking stalls for the current phase. Although 25 parking stalls are provided, future parking potential could provide for the deficiency. A Proof of Parking agreement would be required. Mr. Pearson requested that revision of the site plan to eliminate the parking setback variance be substituted as a condition of approval. Planning Commission Regular Meeting Minutes September 11, 2001 Page 2 Commission Napper verified that the nature of the business would not be hazardous in any way to the environment or to the river. Discussions continued concerning parking and drainage. Chairperson Caspar confirmed that the applicant is aware of the requirement to hook up to water for fire suppression purposes. Landscaping was also discussed. Mr. Pearson indicated that security may be required to cover the value of the landscaping. Chairperson Caspar opened the public hearing. There were no comments. MOTION by Weisensel to close the public hearing. Seconded by Carr. Ayes: Napper, Caspar, Carr, Weisensel, and Arveson. Nays: 0. Motion carried. MOTION by Carr to approve the site plan for Technical Erectors Inc. subject to: 1) Revision of the Site Plan to eliminate parking setback variances; 2) Execution of a Proof of Parking agreement with the City in a form acceptable to the City Attorney; 3) Incorporation of comments relative to grading, stormwater management and utilities by the Interim City Engineer as applicable; 4) Incorporation of comments by DNR in the attached August 27, 2001 correspondence; and 5) conformance with all applicable building and fire codes. Seconded by Caspar. Ayes: Caspar, Carr, Weisensel, Arveson, and Napper. Nays: 0. Motion carried. Old Business: None New Business: None Director's Report: None. There being no further business to come before this Commission, upon MOTION by Weisensel and upon unanimous decision, the meeting was adjourned at 7:00 p.m. Respectfully submitted, Dianne G. Quinnell Recording Secretary 3 �s� CITY OF ROSEMOUNT NT 2875 ;TM thS St t ree tWest Rosemount, MN e 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 September 25, 2001 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, September 25, 2001, in the Banquet Room of the Rosemount Community Center in Rosemount, Minnesota. Chairperson Jeff Caspar called the meeting to order at 6:35 p.m. with members Jeff Arveson, Myron Napper, Jana Carr, and Jeff Weisensel present. Also in attendance were City Planner Rick Pearson and Councilmember Sheila Klassen. There were no additions or corrections to the agenda. Audience Input: None. Commissioner Weisensel expressed his disappointment in reporting done by Town Pages newspaper concerning Technical Erectors. Town Pages erroneously reported that parking setback variances were granted to the applicant. MOTION by Weisensel to approve the September 11, 2001 Regular Planning Commission Meeting Minutes. Seconded by Arveson. Ayes: Arveson, Napper, Caspar, Carr, and Weisensel. Nays: 0. Motion carried. Public Hearing: Progress Land Company Rosewood Chairperson Caspar confirmed that the recording secretary has placed on file with the City the Affidavit of Mailing and Posting of a Public Hearing Notice and Affidavit of Publication concerning the public hearing on the Rosewood Mixed Use Concept Plan. Warren Isrealson of Progress Land Company explained that the Concept PUD includes outlots to be planned at a later time. He introduced the Consulting Planner, Rick Harrison, to summarize the development plans. Rick Harrison provided background information on planning history, designs, and technology. He explained the nature of the coving design of development. The proposed single family lots would be a minimum size of 10,000 square feet and have increased front and side yards. The proposed bay homes are in a cluster development and would have three -stall garages. Pedestrian links are provided in the bay home area. Winding streets would provide a traffic calming effect. Mr. Pearson summarized the proposal for 86 single family homes and 45 bay homes. The single family homes are on deeper lots with larger front yards. Rear yard setbacks will be examined to ensure they meet city standards. Placement of the bay homes along Greif Bros. provides an opportunity for enhanced landscaping and buffering from the Planning Commission Regular Meeting Minutes September 25, 2001 Page 2 industrial use. An additional challenge for this development is to work around the railroad spur. There are no proposals at this time for the commercial area of the site. Staff feels the proposal is the best development scenario for this site, taking into consideration the railroad spur and industrial use. The Fire Marshal may have recommendations which would influence the shared driveways. Chairperson Caspar opened the public hearing. There were no comments. MOTION by Carr to close the public hearing. Seconded by Arveson. Ayes: Napper, Caspar, Carr, Weisensel, and Arveson. Nays: 0. Motion carried. Discussions continued concerning access to CSAH 42 and Biscayne Avenue, ponding, street design, and sidewalks. Commissioners emphasized they want to ensure that all required setbacks are met. Mr. Pearson indicated the Parks Recreation Commission recommended that park dedication be in the form of a cash contribution. The Commission wants pedestrian connections to the outer edge for access to Biscayne Park. Chairperson Caspar confirmed the developer will be required to pay all applicable city fees. In response to questions concerning future plans, Mr. Isrealson explained the developer has no timetable for development of the remaining site. Commissioner Weisensel offered his support for the style of the housing. MOTION by Caspar to recommend that the City Council approved the concept for "Rosewood" subject to: 1) Increasing the setback for housing adjacent to the Greif Bros. industrial use to a minimum of 30 feet and provide extensive landscape screening with earthen berms and plantings; 2) Mitigation of the effects of the rail spur with earthen berms, landscaping and fencing; 3) Plan revisions as necessary to enhance circulation in the private driveways of the Bayhomes; 4) Plans revisions as necessary to eliminate lot deficiencies for Lot 4, Block 1 and Lots 5, 6, 19 and 20, Block 2, as corner lots with increased depth along the private cul -de -sac; 5) Incorporation of recommendations of the Interim City Engineer relative to drainage, ponding and street design; 6) Incorporation of recommendations of the Fire Marshal concerning vehicular circulation; and 7) Conformance with the requirements for preliminary plat for the residential uses and conditional uses for development of the church site. Seconded by Arveson. Ayes: Caspar, Carr, Arveson, and Napper. Nays: Weisensel. Motion carried. Old Business: None Planning Commission Regular Meeting Minutes September 25, 2001 Page 3 New Business: Bloomfield Fourth Addition Final Plat Mr. Pearson presented the application by Centex Homes for the final plat of Bloomfield Fourth Addition. This plat includes 76 single family homes and 76 carriage homes. The westerly outlot includes five acres for park. The easterly outlot includes mitigated wetlands. The developer will correct one lot width deficiency and eliminate the need for a variance. The developer will have to conform to the revised landscaping plan requiring enhanced landscaping along CSAH 42. MOTION by Weisensel to recommend that the City Council approve the final plat for Bloomfield 4 Addition subject to: 1) Plat revisions as necessary to eliminate the non- conforming lot dimension identified in Lot 5, Block 2; 2) Execution of a subdivision agreement to secure public infrastructure including streets and utilities; 3) Execution of the PUD agreement for Bloomfield (Phase 2); 4) Incorporation of recommendations of the Interim City Engineer relative to drainage, easements, grading, public streets and utilities; 5) Payment of all platting, G.I.S., Park Dedication, applicable City Review and trunk/area fees as specified in the current fee schedule; and 6) Plantings shall be consistent with the preliminary plat landscape plan including revisions in accordance with the conditional approval of the preliminary plat. Seconded by Napper. Ayes: Carr, Weisensel, Arveson, Napper, and Caspar. Nays: 0. Motion carried. Director's Report: Chairperson Caspar announced he would be resigning from the Planning Commission, following the October 9 meeting. He has accepted a position with Chaska High School. Councilmember Klassen requested that Commissioner Weisensel take the Chair position following Chair Caspar's resignation until such time as the City Council appoints a permanent Chair. There being no further business to come before this Commission, upon MOTION by Caspar and upon unanimous decision, the meeting was adjourned at 8:05 p.m. Respectfully submitted, Dianne G. Quinnell Recording Secretary CITY OF ROSEMOUNT CITY HALL 2875 -145th street West t- 4 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 October 9, 2001 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, October 9, 2001, in the Banquet Room of the Rosemount Community Center in Rosemount, Minnesota. Chairperson Jeff Caspar called the meeting to order at 6:30 p.m. with members Myron Napper, Jana Carr, and Jeff Weisensel present. Commissioner Jeff Arveson was absent. Also in attendance was City Planner Rick Pearson. There were no additions or corrections to the agenda. Audience Input: None. MOTION by Carr to approve the September 25, 2001 Regular Planning Commission Meeting Minutes. Seconded by Weisensel. Ayes: Napper, Caspar, Carr, and Weisensel. Nays: 0. Motion carried. Public Hearing: Rosemount National Bank Site Plan Review Chairperson Caspar confirmed that the recording secretary has placed on file with the City the Affidavit of Mailing and Posting of a Public Hearing Notice and Affidavit of Publication concerning the public hearing on the Site Plan Review for Rosemount National Bank. Mr. Pearson summarized the proposal by the Rosemount National Bank for a 1200 sq.ft. addition to its facility on Chippendale Ave. Building elevations were reviewed. The exterior of the building will be finished with brick and a metal roof. The building plans, landscaping, and parking are consistent with city standards. Commissioner Weisensel inquired whether there are any restrictions on the color to be selected for the roof. Mr. Pearson responded that no restrictions exist. Chairperson Caspar also expressed concern with the color of the roof. Chairperson Caspar opened the public hearing. Victor Igou, 15150 Cimarron Avenue, had no objection to the building plans submitted by the bank, but commented on the bank's failure to maintain the pond area south of the Goodyear store. Planning Commission Regular Meeting Minutes October 9, 2001 Page 2 Mr. Pearson explained the pond is a replicated wetland which is required to be left in its natural state. The bank is permitted to mow a strip around the edge but is not allowed to cut the vegetation. MOTION by Weisensel to close the public hearing. Seconded by Carr. Ayes: Caspar, Carr, Weisensel, and Napper. Nays: 0. Motion carried. Chairperson Caspar requested that the bank be informed of the concerns regarding the roof color. MOTION by Caspar to approve the site plan review for the Rosemount National Bank building addition subject to: 1) Compliance with the exterior building materials requirements all brick or equivalent or better; 2) Landscaping in conformance with standards 2 trees and 10 shrubs; 3) Provision of a dumpster enclosure constructed of materials matching the building; 4) Conformance with all applicable building and fire codes; and 5) Provision that the roof color be compatible with the brick finish of the building. Seconded by Weisensel. Ayes: Carr, Weisensel, Napper, and Caspar. Nays: 0. Motion carried. Old Business: None New Business: None Director's Report: Mr. Pearson acknowledged Chairperson Caspar's resignation from the Planning Commission. On behalf of the City Council, Councilmember Sheila Klassen thanked Chairperson Caspar for his years of service to the City. Commissioner Weisensel will serve as interim Chairperson for the Planning Commission. There being no further business to come before this Commission, upon MOTION by Caspar and upon unanimous decision, the meeting was adjourned at 6:50 p.m. Respectfully submitted, Dianne G. Quinnell Recording Secretary CITY O F RO S E M O U N T 2875 C 1 45 t h �Street West ON, (10 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 October 23, 2001 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, October 23, 2001. Chairperson Jeff Weisensel called the meeting to order at 6:30 p.m. with members Jeff Arveson, Myron Napper, and Jana Carr present. Also in attendance were City Planner Rick Pearson, and Council member Sheila Klassen. Council member Klasssen explained her purpose in attending the Planning Commission meetings was to act as a liaison between the Planning Commission and the City Council. Tonight, should a tie vote occur, she would exercise her right to cast a vote to break the tie. There were no corrections or additions to the agenda. Audience Input: None. MOTION by Carr to approve the October 9, 2001 Regular Planning Commission Meeting Minutes. Seconded by Arveson. Ayes: Arveson, Napper, Caspar, and Carr. Nays: 0. Motion carried. Public Hearing: SKB Environmental Interim Use Permit Modification. Chairperson Weisensel confirmed that the recording secretary has placed on file with the City the Affidavit of Mailing and Posting of a Public Hearing Notice and Affidavit of Publication concerning the public hearing for SKB Environmental Interim Use Permit Modification. Mr. Pearson summarized the request from SKB to modify the current Interim Use Permit. This amendment would allow for the filling of saddle areas with waste, therefore combining the four pyramids into one, increasing the cell area to 108.4 acres and raising the finished elevation of 931 to 968 feet above sea level. Models of the before and after were on display for viewing. Planning Commission Regular Meeting Minutes October 23, 2001 Page 2 Commissioner Klassen requested clarification regarding the time frame for this modification versus the renewal of the permit. Mr. Pearson clarified by stating that if the applicant were not applying for this amendment they would be working on their renewal. Therefore, if this modification is approved it would count as the five year renewal requirement. Mr. Rick O'Gara, President of SKB Environmental, presented a computer enhanced slideshow of the cells as they would appear if this request was approved. The finished site would be landscaped to screen the height of the cell and ensure that the site was esthetically pleasing. Chairperson Weisensel opened the floor to the audience input. Frank Knoll, 4322 145 Street East, expressed concern with the amount of construction debris versus ash that could be disposed of at this site. Brenda Sugii, 13701 Courthouse Blvd., expressed concern over the number of times this business has been sold, the new owners continual requests for expansion, and the allowance of ash. III Mr. Pearson explained the process regarding SKB's application for this amendment. This facility was sold as a non- hazardous waste facility. It was by MPCA's determination that ash was not considered to be hazardous waste, which allowed the city to accept ash. The Planning Commission determines how this facility will impact the City and the State determines if this facility meets safety standards. It is the responsibility of the MPCA to determine the impact to the environment Otto Ped, 4992 145 St. E., expressed concern with the number of times this property has changed owners each owner upping the anti, and the height limitations of the cells not being adhered to. MOTION by Napper to close the public hearing. Second by Arveson. Ayes: Napper, Weisensel, Carr, and Arveson. Nays: None. Motion carried Chairperson Weisensel opened the floor to the commissioner for discussion. Commissioner Carr requested further information regarding the acceptance of ash. Mike Fullterton, Facility Manager, stated that ash was at one time considered special waste and could only be disposed of in special cells with a special design. That determination was challenged. The EPA tested ash and found it was not hazardous and is now classified as industrial waste. Mr. Fullerton recapped how the cells were constructed and indicated they test the leachate regularly. Planning Commission Regular Meeting Minutes October 23, 2001 III Page 3 Discussion ensued by the commissioners regarding the Interim Use Permit, trust funds, and associated fees. MOTION by Weisensel to recommend that the Interim Use Permit for SKB be amended to include the construction and demolition cell subject to 1. Obtaining all necessary approvals and permits from applicable State and County regulatory agencies, and 2. Amending the zoning ordinance to allow the increased amount of Construction and Demolition material in the new cell. Second by Carr. Ayes: Weisensel, Carr, Arveson, and Napper. Nays: None. Motion carried. Old Business: None. New Business: Outlots of Evermoor Final Plat Mr. Pearson presented the final plat for Evermoor, which is an interim measure that subdivides the remaining Kelley Trust property into large parcels of land that will be split up into separate neighborhoods based upon housing types. Mr. Jay Liberacki, Vice President of CPDC was present to introduce himself and answer questions from the Commissioners. It is his request that Connemara Trail be constructed in 2002 and feels that multiple points of access to the development are needed. MOTION by Carr to recommend that the City Council approve the final plat for the "Outlots of Evermoor" subject to: 1. Connemara Trail alignment shall be approved by the Interim City Engineer. 2. The PUD and zoning standards will transfer with the land to the prospective Builder/Developers. Second by Arveson. Ayes: Carr, Arveson, Napper and Weisensel. Nays: None. Motion carried. Director's Report: None. There being no further business to come before this Commission, upon MOTION by Weisensel and upon unanimous decision, the meeting was adjourned at 7:55 p.m. Respectfully submitted, 72-76z7e4-.)-7.0,_<-5i0----)( 2 Maryann Stoffel Recording Secretary \y CITY OF ROSEMOU NT 2875-- 145 thS St t ree tWest 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 November 13, 2001 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, November 13, 2001, in the Banquet Room of the Rosemount Community Center in Rosemount, Minnesota. Chairperson Jeff Weisensel called the meeting to order at 6:30 p.m. with members Jeff Arveson, Myron Napper, and Jana Carr present. Also in attendance were City Planner Rick Pearson and Intern Aaron Jones. There were no additions or corrections to the agenda. Audience Input: None. MOTION by Carr to approve the October 23, 2001 Regular Planning Commission Meeting Minutes. Seconded by Napper. Ayes: Arveson, Napper, Weisensel and Carr. Nays: 0. Motion carried. S Public Hearing: Minea Concept Residential Planned Unit Development Chairperson Weisensel confirmed that the recording secretary has placed on file with the City the Affidavit of Mailing and Posting of a Public Hearing Notice and Affidavit of Publication concerning the public hearing on the Minea Concept Residential Planned Unit Development. Mr. Pearson summarized the Minea concept plan for a 324 lot single family development. The property is located south of 135 Street and north of Bloomfield development. 16 acres located in the northwest corner of the property, consisting mostly of wetland, is proposed for the park. The main issue is the alignment of Connemara Trail. The location proposed by the developer is not consistent with the WSB design and crosses a low area intended for stormwater ponding. Chairperson Weisensel opened the floor to the developer. Craig Minea addressed issues with the Connemara Trail alignment, referring to other locations which would minimize the amount of undevelopable land between the gas line and Connemara Trail. He opposes the bridge railroad crossing, which would result in a 5 story high bridge. Mr. Minea proposes a tunnel crossing under the railroad at the exact location specified in the 2020 Comprehensive Plan. The proposed plan requires no variances. John Uban, Dahlgren, Shardlow Uban, requested further discussion between the city and surrounding property owners on the Connemara Trail alignment. The alignment as proposed by the developer is consistent with the Comp Plan as approved by the City Council. Mr. Uban described the topography of the land and the clearance necessary to Planning Commission Regular Meeting Minutes November 13, 2001 Page 2 go over the railroad, in comparison to an underpass. Mr. Uban described the proposed park area in detail, and reviewed lot sizes and street design. In addition to the Connemara Trail overpass, the pipeline and Co. Rd. 38 along the western boundary result in a large amount of undevelopable land. John Johnson, Engineer, summarized engineering impacts concerning this property, including Connemara Trail, sanitary sewer, and storm water ponding. He estimated costs for an overpass at $1,629,000, compared to estimated costs for an underpass at $1,540,000. A bridge would be 32 feet above the railroad. The pipeline location and drainage pond require that the grade separation should be located parallel to the pipeline, or near the west property line, or further east on the neighboring parcel. Sanitary sewer options consist of service from Biscayne Pointe, which would require a lift station, or from Bloomfield, which would not require a lift station. Mr. Johnson addressed storm water ponding and the additional acreage necessary if Minea's property is required to serve adjacent properties. John Uban summarized restrictions affecting the Minea property, along with the advantages to an underpass. The collector street restricts development and prohibits driveway access. The city proposed regional storm water ponding consumes a large area in the southwest corner. The Connemara Trail location, the overpass, and the pipeline easement are additional restrictions. Commissioner Napper asked how much acreage intended for park is not part of the wetland. Mr. Uban responded that 8 -9 acres are useable parkland. The developer does not expect full credit for the 16 acres proposed and is willing to make a cash payment for any parkland shortage. Chairperson Weisensel opened the floor to the public. There was no public comment. MOTION by Arveson to close the public hearing. Seconded by Weisensel. Ayes: Napper, Weisensel, Carr, and Arveson. Nays: 0. Motion carried. Chairperson Weisensel requested further information concerning decisions on the Connemara Trail alignment. Mr. Pearson responded that Centex and St. Joseph's committed to the Connemara location. The Comprehensive Plan notes the need for the collector street, but also notes the need for further studies. WSB spent months on studies concerning this project and their proposal has been reviewed and accepted by the City Council. A grade separation is necessary for emergency services. As concerns stormwater ponding, the City looks at the quantity of storage, not design of the pond. Discussions continued concerning the need for an additional fire station, communications between the City and the developer, and a feasibility report for the sanitary sewer. MOTION by Carr to recommend that the City Council deny the Concept Residential Planned Unit development because the plan is inconsistent with the "Proposed Planning Commission Regular Meeting Minutes November 13, 2001 Page 3 Connemara Trail Extension" study prepared by W.S.B. Engineering Consultants, and Park dedication policies of the Parks and Recreation Commission. Seconded by Napper. Ayes: Weisensel, Carr, Arveson, and Napper. Nays: 0. Motion carried. Public Hearing: Shafer Mineral Extraction Permit Renewal Chairperson Weisensel confirmed that the recording secretary has placed on file with the City the Affidavit of Mailing and Posting of a Public Hearing Notice and Affidavit of Publication concerning the public hearing on the Shafer Mineral Extraction Permit Renewal. Aaron Jones, Planning Intern, presented the application by Shafer Contracting to renew its mineral extraction permit. Mr. Jones summarized the mining activity in 2001 and work done on the reclamation plan. The pit is currently in phase 3. No complaints have been filed with the Police Department. Chairperson Weisensel opened the floor to the applicant. Scott Spisek summarized the reclamation work and described the ponding that is being constructed. Chairperson Weisensel asked that Staff provide new Commissioners with the original plan submitted by Shafer Contracting, which details the reclamation process. Chairperson Weisensel opened the floor to the public. There was no public comment. MOTION by Napper to close the public hearing. Seconded by Arveson. Ayes: Weisensel, Carr, Arveson, and Napper. Nays: 0. Motion carried. MOTION by Napper 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 2002. Seconded by Arveson. Ayes: Arveson, Napper, Weisensel, and Carr. Nays: 0. Motion carried. Public Hearing: Rosemount 2020 Comprehensive Plan Amendment Chairperson Weisensel confirmed that the recording secretary has placed on file with the City the Affidavit of Mailing and Posting of a Public Hearing Notice and Affidavit of Publication concerning the public hearing on the 2020 Comprehensive Plan Amendment. Mr. Pearson explained the need for an amendment to the 2020 Comprehensive Plan to correct a discrepancy in the figures representing the amount of flow to the Empire Waste Water Service area. The data assembled for the Comp Plan included figures based on projected development, but omitted the existing flows in the Empire WWTP. The Met Council discovered the discrepancy and ask that the Plan be amended to make the correction. Chairperson Weisensel opened the floor to the public. There was no public comment. Planning Commission Regular Meeting Minutes November 13, 2001 Page 4 MOTION by Arveson to close the public hearing. Seconded by Carr. Ayes: Napper, Weisensel, Carr, and Arveson. Nays: 0. Motion carried. MOTION by Arveson to recommend that the City Council authorize staff to prepare a corrective text amendment to the 2020 Rosemount Comprehensive Plan concerning sanitary sewer flows to the Empire Waste Water Treatment Plan. Seconded by Weisensel. Ayes: Weisensel, Carr, Arveson, and Napper. Nays: 0. Motion carried. Old Business: None. New Business: None. Director's Report: None. There being no further business to come before this Commission, upon MOTION by Weisensel and upon unanimous decision, the meeting was adjourned at 7:45 p.m. Respectfully submitted, 1 Rig l Dianne G. Quinnell Recording Secretary CITY OF ROSEMOU NT 2875-- 145 t "Aee tWest 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 November 27, 2001 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, November 27, 2001, in the Banquet Room of the Rosemount Community Center in Rosemount, Minnesota. Chairperson Jeff Weisensel called the meeting to order at 6:30 p.m. with members Jeff Arveson and Myron Napper present. Commissioner Jana Carr was absent. Also in attendance were City Planner Rick Pearson and Councilmember Sheila Klassen. There were no additions or corrections to the agenda. Mr. Pearson recommended that the December 25, 2001 Planning Commission meeting be cancelled. MOTION by Arveson to cancel the December 25, 2001 Regular Planning Commission Meeting. Seconded by Napper. Ayes: Arveson, Napper, and Weisensel. Nays: 0. Motion carried. Audience Input: None. MOTION by Arveson to approve the November 13, 2001 Regular Planning Commission Meeting Minutes. Seconded by Napper. Ayes: Napper, Weisensel and Arveson. Nays: 0. Motion carried. Public Hearing: Heritage Development /Abbott Lot Split Chairperson Weisensel confirmed that the recording secretary has placed on file with the City the Affidavit of Mailing and Posting of a Public Hearing Notice and Affidavit of Publication concerning the public hearing on the Heritage Development /Abbott Lot Split. Mr. Pearson presented the application to split the Abbott property, consisting of approximately 40 acres, located south of 135 St. and north of Biscayne Pointe. 10 acres will remain farmstead and the remainder of the parcel has been purchased for development by Heritage Development. The parcel would be landlocked except for a one -half street connection to the southwest portion. Staff recommends the lot split be approved with the condition that the property could not be further subdivided until Connemara Trail is constructed or if St. Joseph's Church dedicates right -of -way for the west half of Birchwood Avenue. Planning Commission Regular Meeting Minutes November 27, 2001 Page 2 Chairperson Weisensel opened the floor to the applicant. Steve Bona and Tom VonBische were available to answer questions. Chairperson Weisensel opened the floor to the public. There were no comments. MOTION by Arveson to close the public hearing. Seconded by Napper. Ayes: Weisensel, Arveson, and Napper. Nays: 0. Motion carried. MOTION by Napper to recommend that the City Council approve the lot split for the Abbott property subject to a restriction on further subdivision until Connemara Trail is being constructed to the edge of the property. Seconded by Arveson. MOTION by Weisensel that the motion be amended to add language concerning the dedication of a right -of -way by St. Joseph's Church for the west half of Birchwood Avenue. Seconded by Arveson. Ayes: Arveson, Napper, and Weisensel. Nays: 0. Motion carried. MOTION by Napper to recommend that the City Council approve the lot split for the Abbott property subject to a restriction on further subdivision until Connemara Trail is being constructed to the edge of the property or if St. Joseph's Church dedicates right -of- way for the west half of Birchwood Avenue. Seconded by Arveson. Ayes: Napper, Weisensel, and Arveson. Nays: 0. Motion carried. Public Hearing: SKB Environmental Interim Use Permit Renewal Chairperson Weisensel confirmed that the recording secretary has placed on file with the City the Affidavit of Mailing and Posting of a Public Hearing Notice and Affidavit of Publication concerning the public hearing on the SKB Environmental Interim Use Permit Renewal. Mr. Pearson presented the application by SKB for renewal of its Interim Use Permit for operation of an environmental landfill. This request applies solely to the IUP five -year renewal based upon no changes to the facility. The application does not pertain to previously requested changes to the facility. Chairperson Weisensel opened the floor to the applicant. Mike Fullerton was available to answer questions. Chairperson Weisensel opened the floor to the public. There were no comments. MOTION by Arveson to close the public hearing. Seconded by Napper. Ayes: Weisensel, Arveson, and Napper. Nays: 0. Motion carried. Planning Commission Regular Meeting Minutes November 27, 2001 ID Page 3 MOTION by Arveson to recommend that the City Council approve the Interim Use Permit renewal for SKB Environmental subject to final approval by Dakota County and the Minnesota Pollution Control Agency. Seconded by Napper. Ayes: Arveson, Napper, and Weisensel. Nays: 0. Motion carried. Old Business: None. New Business: None. Director's Report: Mr. Pearson advised the Planning Commission that Centex Homes is requesting a Minor PUD Amendment concerning the quad units in the Bloomfield Addition. The amendment involves the addition of covered porches to the townhome units. The building footprint remains the same. The porches encroach 2'/2 feet into the setback area. Because Staff views the amendment inconsequential, the matter will be brought directly to the City Council for review. Commissioners discussed the proposed changes in further detail. No issues were identified. There being no further business to come before this Commission, upon MOTION by Weisensel and upon unanimous decision, the meeting was adjourned at 7:00 p.m. Respectfully submitted, ►j, C i. Dianne G. Quinnell Recording Secretary .a CITY OF RO S E M O U N T 2875 C145 t h i Street West Rosemount, MN 55068 -4997 u E Everything's Coming Up R osemount!! Phone: 6514234411 Hearing Impaired 651 423 -6219 Fax: 651- 423 -5203 Planning Commission Regular Meeting Minutes December 11, 2001 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, December 11, 2001, in the Banquet Room of the Rosemount Community Center in Rosemount, Minnesota. Chairperson Jeff Weisensel called the meeting to order at 6:30 p.m. with members Jeff Arveson, Myron Napper, and Jana Carr present. Also in attendance were City Planner Rick Pearson and Planning Intern Aaron Jones. There were no additions or corrections to the agenda. Audience Input: None. MOTION by Arveson to approve the November 27, 2001 Regular Planning Commission Meeting Minutes. Seconded by Napper. Ayes: Arveson, Napper, Weisensel and Carr. Nays: 0. Motion carried. Public Hearing: GPD Associates (KFC Site Plan Review) Chairperson Weisensel confirmed that the recording secretary has placed on file with the City the Affidavit of Mailing and Posting of a Public Hearing Notice and Affidavit of Publication concerning the public hearing on the Site Plan Review for KFC. Mr. Pearson explained the need to cancel this public hearing. Negotiations between the applicant and the owner fell through. The final plat, which is required to create a new lot and which must accompany the site plan review, has not been received. A new public hearing will be scheduled when all required materials have been received. Chairperson Weisensel opened the floor to the public. There were no comments. No further action was taken. Public Hearing: Heritage Development Preliminary Plat Chairperson Weisensel confirmed that the recording secretary has placed on file with the City the Affidavit of Mailing and Posting of a Public Hearing Notice and Affidavit of Publication concerning the public hearing on the Preliminary Plat for Heritage Development. Planning Commission Regular Meeting Minutes December 11, 2001 Page 3 Discussions continued concerning what additional information was necessary to make a decision on the Conditional Use Permit. Ed McMenomy, 4122 143 St. W., presented an Agreement between Kevin and Mary Kaye Ervasti, the current property owners, and the City confirming that the property was zoned R -2 Residential and, further, that the property could be used as a daycare, nursery, and montessori school. MOTION by Arveson to continue the public hearing to January 8, 2002, with the contingency that the City and the Applicants work together to discuss the remaining issues. Seconded by Napper. Ayes: Weisensel, Carr, Arveson, and Napper. Nays: 0. Motion carried. Public Hearing: Kelzenberg Administrative Plat and Variance Chairperson Weisensel confirmed that the recording secretary has placed on file with the City the Affidavit of Mailing and Posting of a Public Hearing Notice and Affidavit of Publication concerning the public hearing on the Administrative Plat and Variance for Mike Kelzenberg. Mr. Pearson described the Administrative Plat requested by Mike Kelzenberg, involving three properties along South Robert Trail. Two non conforming duplexes are located on the property. Mr. Kelzenberg is working with his neighbor to adjust the property lines. As a condition to approval of the administrative plat, Mr. Kelzenberg will convert the duplexes into single family dwellings. Variances are required for lot area and side yard setback. The garage will be located approximately 2 feet from the proposed lot line. Staff is not recommending a variance for the garage. A 10 foot drainage utility easement will be recommended along the edge of Lot 1. Chairperson Weisensel opened the floor to the applicant. Mr. Kelzenberg was present to answer questions. Chairperson Weisensel recessed the Regular Planning Commission meeting and opened the Board of Appeals Adjustments. Chairperson Weisensel opened the floor to the public concerning the Kelzenberg variances. There were no comments. MOTION by Carr to close the public hearing. Seconded by Arveson. Ayes: Carr, Arveson, Napper, and Weisensel. Nays: 0. Motion carried. MOTION by Carr to grant variances to 12228, 12238 and 12310 South Robert Trail for lot area and a variance to side yard setback (north side) for the principal structure at Planning Commission Regular Meeting Minutes December 11, 2001 Page 4 12238 South Robert Trail. Seconded by Napper. Ayes: Arveson, Napper, Weisensel, and Carr. Nays: 0. Motion carried. Chairperson Weisensel closed the Board of Appeals Adjustments and reconvened the Regular Planning Commission meeting. Chairperson Weisensel opened the floor to the public concerning the Kelzenberg Administrative Plat. There were no comments. MOTION by Arveson to close the public hearing. Seconded by Weisensel. Ayes: Napper, Weisensel, Carr, and Arveson. Nays: 0. Motion carried. MOTION by Arveson to recommend that the City Council approve the administrative plat for Mike Kelzenberg and Douglas Joyce Gustafson subject to: 1) Granting of variances to lot area for all three lots and setbacks for Lot 2; 2) Conformance with requirements for individual sewer treatment systems and wells; 3) Converting the two duplexes to single family use in accordance with building code and zoning standards; 4) Incorporation of recommendations of the City Engineer concerning drainage and utility easements; 5) Payment of G.I.S. fees; 6) Approval of the Minnesota Department of Transportation as necessary. Seconded by Carr. Ayes: Weisensel, Carr, Arveson, and Napper. Nays: 0. Motion carried. Public Hearing: Luken Variance to Accessory Structure Standards Chairperson Weisensel confirmed that the recording secretary has placed on file with the City the Affidavit of Mailing and Posting of a Public Hearing Notice and Affidavit of Publication concerning the public hearing on the application by Bernard Luken and Allan Voight for a variance to accessory structure standards. Mr. Pearson presented the application by property owner Bernard Luken and contractor Allan Voight, for a variance from zoning regulations limiting the maximum area allowed for accessory structures in the Rural Residential District to 1200 sq.ft. The various structures on this property total approximately 7 -8,000 sq.ft. The existing barn was damaged in a storm. The applicant wishes to repair the barn with structural improvements and replace a portion with a new structure. Staff is unable to identify a hardship necessary for the granting of a variance. If the Board of Appeals Adjustments feels a variance is warranted based upon the intrinsic value of the barn, a condition to the variance could include the removal of all other accessory structures on the property. Mr. Pearson explained the concept of non conforming uses. Chairperson Weisensel recessed the Regular Planning Commission meeting and opened the Board of Appeals Adjustments. Planning Commission Regular Meeting Minutes December 11, 2001 Page 5 Chairperson Weisensel opened the floor to the applicant. Allan Voight described the repair work proposed for the barn. He explained the footprint of the barn is 1560 sq.ft., with a total area on two floors of over 3,000 sq.ft. Commissioner Napper inquired about the proposed use of the barn. Mr. Luken explained long term plans to demolish all other accessory structures on the property. The barn would be used for recreational use and private storage. Chairperson Weisensel opened the floor to the public. Paul Scarpari, 12700 Dodd Blvd. complimented Mr. Luken for improvements made to the property. Mr. Scarpari recommended that the variance be granted to allow further improvements to the property. Bob Kubat, 12536 Chinchilla Road, indicated the property is subject to restrictive covenants. He is on the Architectural Committee and notified the applicant that all plans and proposed uses must be approved by the Committee. Commissioners discussed options for granting a variance. Chairperson Weisensel acknowledged the value in maintaining the rural character and the significance of the barn to the area; however, the Board of Appeals Adjustments is restricted to granting variances only when a hardship is identified. No hardship has been identified in this situation. He felt the decision on whether the uniqueness of the barn warrants a variance would be best made by the City Council. He encouraged the City Council to consider the significance of the barn to the rural area. MOTION by Weisensel to deny the variance petition because of an inability to meet the findings specified in Section 14.2 G. MOTION by Arveson to amend Weisensel's Motion and to close the public hearing. Seconded by Carr. Ayes: Carr, Arveson, Napper, and Weisensel. Nays: 0. Motion carried. MOTION by Weisensel to deny the variance petition because of an inability to meet the findings specified in Section 14.2 G. Seconded by Arveson. Ayes: Arveson, Napper, and Weisensel. Nays: Carr. Motion carried. Mr. Pearson explained further the ordinance restrictions on repair of the non conforming barn. Routine maintenance and repairs can be done up to 30% of the assessed value. Repairs and restoration due to damage must not exceed 50% of the assessed value. He advised the applicant on the process for appeal. Planning Commission Regular Meeting Minutes December 11, 2001 Page 6 Chairperson Weisensel closed the Board of Appeals Adjustments and reconvened the Regular Planning Commission meeting. Old Business: None. New Business: None. Director's Report: Mr. Pearson responded to Commissioner Arveson's previous inquiry concerning the status of Co. Rd. 46 improvements. There being no further business to come before this Commission, upon MOTION by Weisensel and upon unanimous decision, the meeting was adjourned at 7:45 p.m. Respectfully submitted, 9 1,1 Dianne G. Quinnell Recording Secretary lb