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HomeMy WebLinkAbout2003 0 CITY OF ROSEMOUNT 2875 C 1 45 t H S n t reetWest ar Rosemount, MN tt w 55068 -4997 Phone 651 423 -4411 Hearing Impaired 651 423 -6219 Fax: 651-423-5203 Planning Commission Regular Meeting Minutes January 14 2003 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, January 14, 2003. Chairperson Jeff Weisensel called the meeting to order at 6:30 p.m. with members David Anderson, Myron Napper, Jason Messner, and Thomas Schiltz present. Also in attendance were City Planner Rick Pearson, City Engineer Andrew Brotzler, and Civil Engineer Anthony Aderhold. The meeting was opened with Pledge of Allegiance. Agenda: No additions. City Planner Pearson introduced Andrew Brotzler, City Engineer, and Anthony Aderhold, Civil Engineer, to the Planning Commission. III Audience Input: None. MOTION by Anderson to approve the December 10, 2002 Regular Planning Commission Meeting Minutes. Second by Schiltz. Ayes: Anderson, Napper, Weisensel, Messner, Schiltz. Nays: 0. Motion carried. Public Hearing: Basic Builders Residential Concept Plan This concept is for residential development of 20 twinhomes (40 dwelling units). This development is south of the proposed Connemara Trail on the west side of Biscayne Avenue. If this concept is approved, the following conditions would be imposed: 1) a Comprehensive Plan Amendment to change the land use designation from Public Institutional to Urban Residential; 2) a rezoning from Public Institutional to R -2, Moderate Density Residential; 3) approval of a Preliminary Plat (or Planned Unit Development); and 4) Final Plat approval. Based on those conditions, the Planning Commission needs to focus on the compatibility of the proposed residential use with surrounding land uses, and conformance with goals and objectives in the Comprehensive Plan. Due to the Rosemount Town Pages not publishing the public hearing notices in time to satisfy the statutory requirements, Staff is recommends opening the public hearing and continue it until January 28, 2003. Chairperson Weisensel opened the public hearing. MOTION by Messner to continue the public hearing until January 28, 2003. Second by Napper. Ayes: Napper, Weisensel, Messner, Schiltz, Anderson. Nays: 0. Motion carried. Planning Commission Regular Meeting Minutes January 14, 2003 Page 2 Public Hearing: Solberg Mineral Extraction Permit Renewal This is a routine renewal for a mineral extraction permit for Solberg Aggregate Company, Inc. The pit is north of the former Chicago Northwestern railroad tracks and is completely enclosed by a fence. There is one access through a gate off the frontage road of STH 52. The pit is in the final phase with completion and site restoration to be done in 2004. There have been no complaints reported regarding this property. The Rosemount Town Pages was unable to publish the public hearing notice in time to satisfy the statutory requirements so Staff recommends the public hearing be opened and continued until January 28, 2003. Chairperson Weisensel opened the public hearing. MOTION by Schiltz to continue the public hearing until January 28, 2003. Second by Anderson. Ayes: Weisensel, Messner, Schiltz, Anderson, Napper. Nays: 0. Motion carried. Old Business: None. New Business: Interpretation of Zoning Ordinance Standard This item pertains to an old farmstead on South Robert Trail owned by Gary and Wendy Raak. They are hoping to re -roof the barn and other outbuildings with standing seam metal roofs. They also have an interest in residing the buildings with metal siding. Section 7.2.A.6 D of the zoning ordinance state that roofs shall be shingled with asphalt, wood, or tile to match the home (principal building) and siding which is identical or closely matches the home (principal building) shall be incorporated into the design of the accessory building. The home currently has a brown cedar shake roof and a combination of brick stone walls. Staff's interpretation of the ordinance is that color and texture of materials should be as close to identical as possible, if it is impractical to use identical materials. The Raak's are asking that matching the color of the cedar shake roof should be sufficient. It should also be noted that this property exceeds the accessory structure allowance in terms of building square footage. They can continue to maintain the buildings, but they cannot be enlarged nor can any additional buildings be constructed. If the Planning Commission makes an exception for the Raak property, the ordinance will be applied that way by Staff in the future. Staff recommends upholding the staff interpretation. There was discussion amongst the Commissioners to determine what the current ordinance said and how it should be interpreted. The Commission felt this was an issue that the City Council needed to look at in more detail and perhaps treat farmsteads differently than the current rural residential standards. This is an issue that will come up again with the various farmsteads within the City. The Commission questioned why this was not a variance and Mr. Pearson stated that variances are based on hardship. Gary Raak, 13429 South Robert Trail, was in the audience to answer questions. He stated that they are trying to make several of their outbuildings look better. They want to do the roofs in dark brown to match the house and feel that should be enough. He said this is an interpretation of a rule. Planning Commission Regular Meeting Minutes January 14, 2003 Page 3 The Commission went over the rules for updating existing buildings and building new ones in the rural residential district. They felt the issue was a difference in appearance and that the ordinance should be amended to address farmsteads more specifically. Mr. Pearson stated that the Raak's could maintain the structures but they could not add onto them or replace them if they were more than 50 percent damaged. MOTION by Weisensel to strongly recommend to City Council that they have staff investigate and determine the standards for existing farmsteads in this type of situation. More direction is needed on what exactly is allowed. Second by Anderson. Ayes: Messner, Schiltz, Anderson, Napper, Weisensel. Nays: 0. Motion carried. MOTION by Weisensel to uphold the staff interpretation of Section 7.2.A.6.b &d. Second by Napper. Ayes: Schiltz, Anderson, Napper, Weisensel, Messner. Nays: 0. Motion carried. Chairperson Weisensel that the Commission agrees the Raak's should have the ability to do the maintenance on their property but that the ordinance Mr. Pearson told Mr. Raak that he can appeal this decision in writing within 10 working days. There will be a cost of $165 to cover the public hearing that the City Council will schedule. New Business: Interpretation of Zoning Ordinance for Dakota County Garage Dakota County is moving their maintenance garage to a new location and have an interest in permitting the Technical College to use part of the site on Biscayne Avenue for training and vehicle maintenance. The site is currently zone R -1 Low Density Residential which permits elementary and secondary schools as a Conditional Use Permit. Staff's interpretation is that this use is close enough in terms of site impacts to be treated as a Conditional Use Permit. Because the maintenance of vehicles is a continuation of a non conforming use, they can continue without intensification or expansion. Ken Harrington, Dakota County, stated half of the main building will be used by the Technical College. The Highway Department will still use a portion of the site for storage, etc. Ron Thomas, President of Dakota County Technical College, said that enrollment has increased by 25 percent. They would use this site for their auto restoration and concrete manufacturing programs as well as for storage. Commissioner Messner questioned if the CUP would apply to the entire site and Mr. Pearson stated it should be broken down. MOTION by Messner to uphold the staff interpretation that the Dakota County Maintenance facility on Biscayne Avenue may be used by Dakota County Technical College for training and maintenance subject to compliance with the requirements and standards for Conditional Use Permits. Second by Napper. Ayes: Anderson, Napper, Weisensel, Messner, Schiltz. Nays: 0. Motion carried. ID Mr. Pearson told Mr Harrington and Mr. Thomas that the next step would be to go through the Conditional Use Permit application process. Planning Commission Regular Meeting Minutes January 14, 2003 Page 4 New Business: Bloomfield 5 Addition Final Plat This final plat is the next phase of 54 single family lots in Bloomfield, east of Auburn Avenue north of CSAH 42. The lots are consistent with the requirements of the Planned Unit Development and Preliminary Plat. They are in conformance with the R -1 Low Density Residential lot dimension standard with the exception of Lot 23, Block 1 which only has a scaled lot dimension of 122 feet. The requirement is 125 feet for lot depth on street side. This problem can be fixed by adjusting the next lot along Atwater Way. Some of the lots are deeper due to stormwater ponding. The side lot line between Lots 41 and 42 also need to be adjusted so that the lot depth for Lot 41 meets the requirement. MOTION by Anderson to recommend that the City Council approve the final plat for Bloomfield 5 Addition subject to: 1. Plat revisions as necessary to eliminate the non conforming lot dimension identified in Lot 23, Block 1, and adding lot depth to Lot 41, Block 1 (revise lot lines to be radial to the street). 2. Execution of a subdivision agreement to secure public infrastructure including streets and utilities. 3. Incorporation of recommendations of the 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 consistent with the preliminary plat landscape plan including revisions in accordance with the conditional approval of the preliminary plat. Second by Messner. Ayes: Napper ,Weisensel, Messner, Schiltz, Anderson Director's Report: City Planner Pearson asked the Commission to think about possibly changing the start times of meetings. No action is necessary right now but he wanted the Commission to think about it in case it comes up. Chairperson Weisensel thanked Vice Chairperson Anderson for stepping in and covering the meetings while he was gone. There being no further business to come before this Commission, upon Motion by Weisensel, and upon unanimous decision, the meeting was adjourned at 7:40 p.m. Respectfully Submitted, Craitta 4 11Q ,0 1 Chantel Nelson Recording Secretary tar CITY OF ROSEMOUNT NT 2 875 CI45tHS Rosemount, MN z 55068 -4997 Phone 651423-4411 Hearing Impaired 651.423 -6219 Fax 651 -423 -5203 Planning Commission Regular Meeting Minutes January 28, 2003 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, January 28, 2003. Chairperson Jeff Weisensel called the meeting to order at 6:30 p.m. with members David Anderson, Myron Napper, Jason Messner, and Thomas Schiltz present. Also in attendance was City Planner Rick Pearson. The meeting was opened with Pledge of Allegiance. Agenda: No additions. Audience Input: None. MOTION by Messner to approve the January 14, 2003 Regular Planning Commission Meeting Minutes. Second by Schiltz. Ayes: Anderson, Napper, Weisensel, Messner, Schiltz. Nays: 0. Motion carried. Public Hearing: Basic Builders Residential Concept Plan 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. This concept is for residential development of 20 twinhome lots (40 dwelling units). This development is south of the proposed Connemara Trail on the west side of Biscayne Avenue, across from St. Joseph's Church. Staff recommends approval with the following conditions: 1) a Comprehensive Plan Amendment to change the land use designation from Public Institutional to Urban Residential; 2) a rezoning from Public Institutional to R -2, Moderate Density Residential; 3) approval of a Preliminary Plat (or Planned Unit Development); and 4) Final Plat approval. The Comp Plan Amendment would have to be approved by Met Council. Reid Hanson, attorney for Basic Builders, gave a history of the zoning for this property. They feel the urban residential zoning is appropriate based on the surrounding land uses. Ed McMenomy, Vice President for Basic Builders, informed the Commission that he has spoken with Colonel Denny Lord of the National Guard Armory about buying the north 1.2 acres of their land. This would give Basic Builders more land to work with for the Outlot on the southern edge of the development. Chairperson Weisensel reopened the public hearing. There were no comments. Planning Commission Regular Meeting Minutes January 28, 2003 Page 2 MOTION by Schiltz to close the public hearing. Second by Anderson. Ayes: Napper, Weisensel, Messner, Schiltz, Anderson. Nays: 0. Motion carried. MOTION by Anderson to recommend that City Council approve the concept for urban residential housing on the McMenomy Hertogs property subject to: 1. Conformance with the applicable Urban Residential policies specified in Section 3.1.3 of the Rosemount 2020 Comprehensive Plan. 2. Approval of a Comprehensive Plan Amendment to change the land use designation from PI Public /Institutional to UR Urban Residential. 3. Rezoning from PI Public /Institutional to R -2, Moderate Density Residential. 4. Conformance with the requirements for Preliminary and Final Plat. Second by Napper. Chairperson Weisensel asked to add a friendly amendment to include a condition relating to the railroad tracks. He felt there should be special considerations to landscaping and buffering next to the railroad. Mr. Pearson stated the standard requires an additional 30 feet on the rear yard setback. Typically, the City will try to get berming and landscaping along the railroad tracks from the developer. Chairperson Weisensel added a fifth condition as an amendment to the original action to provide extensive landscaping and/or grading to mitigate the impacts of the railroad. MOTION by Weisensel to approve the amendment to add a fifth condition to the original motion. Second by Messner. Ayes: Messner, Schiltz, Anderson, Napper, Weisensel. Nays: 0. Motion carried. MOTION by Messner to recommend that City Council approve the concept for urban residential housing on the McMenomy- Hertogs property subject to: 1. Conformance with the applicable Urban Residential policies specified in Section 3.1.3 of the Rosemount 2020 Comprehensive Plan. 2. Approval of a Comprehensive Plan Amendment to change the land use designation from PI Public /Institutional to UR Urban Residential. 3. Rezoning from PI Public /Institutional to R -2, Moderate Density Residential. 4. Conformance with the requirements for Preliminary and Final Plat. 5. There shall be extensive landscaping and/or grading to be determined by City Staff to mitigate the impacts of the railroad. Second by Weisensel. Ayes: Schiltz, Anderson, Napper, Weisensel, Messner. Nays: 0. Motion carried. Mr. Pearson stated this item could be on the February 6, 2003 City Council agenda under new business. The applicant will have the opportunity to speak with the Council at the discretion of the Mayor. Public Hearing: Solberg Mineral Extraction Permit This is a routine renewal of a mineral extraction permit for Solberg Aggregate Company, Inc. The pit is on top of a plateau north of the former Chicago Northwestern railroad tracks. The site Planning Commission Regular Meeting Minutes January 28, 2003 Page 3 is enclosed by a fence and is only accessible through a gate off the frontage road on the west side of STH 52. The pit is in the final phase and it is projected that operations and site restoration will occur in 2004. There have been no complaints for this property. Staff recommended approval of the permit renewal. Applicant Lauren Howard was present to answer questions. Mr. Howard stated this is a routine renewal and they have been mining at this site since the mid 1960's. Chairperson Weisensel opened the public hearing. There were no comments. MOTION by Napper to close the public hearing. Second by Schiltz. Ayes: Anderson, Napper, Weisensel, Messner, Schiltz. Nays: 0. Motion carried. MOTION by Schiltz to recommend that City Council approve the mineral extraction permit for Solberg and Flint Hills Resources subject to the Conditions of Operation for 2003. Second by Messner. Ayes:Napper, Weisensel, Messner, Schiltz, Anderson. Nays: 0. Motion carried. Mr. Pearson informed the applicant that this could be on the next City Council consent agenda on February 6, 2003. Public Hearing: SKB Zoning Text Amendment and Interim Use Permit Amendment Mr. Pearson informed the Commission that there were two public hearings scheduled for SKB that need to be continued until February 11, 2003 because there was a problem with getting the public hearing notices published with the paper. The presentation would be made at that meeting and the applicant requested that all discussion be deferred until the February 11, 2003 meeting. Staff recommends continuing the public hearing. Chairperson Weisensel opened the public hearing. There were no comments. MOTION by Weisensel to continue the public hearing for the Zoning Text Amendment until February 11, 2003. Second by Anderson. Ayes: Weisensel, Messner, Schiltz, Anderson, Napper. Nays: 0. Motion carried. MOTION by Weisensel to continue the public hearing for the Interim Use Permit Amendment until February 11, 2003. Second by Napper. Ayes: Messner, Schiltz, Anderson, Napper, Weisensel. Public Hearing: Donald Stein and Susan Stein Lot Split/Combination This concerns the redistribution of property lines for the Stein property. There are currently four parcels that would be reconfigured as part of an estate distribution. Although no lots are being created, the two southerly lots would not have the standard rural residential lot frontage on a street. A variance would be needed if this plan was approved. Parcel C would have reduced access to a portion of the right -of -way to Coffee Trail on the south. The requirement in this district is 200 feet of street frontage and the actual frontage would be half of the normal right -of- way of 30 feet. Parcel B would be landlocked except for a driveway easement that would run across Parcel C that would be in lieu of frontage on a public street. Due to a problem with Planning Commission Regular Meeting Minutes January 28, 2003 Page 4 getting the public hearing notice published, Staff recommends continuing this public hearing until February 11, 2003. Reid Hanson, spoke on behalf of the applicants. Mr. Hanson stated the applicants are personal representatives of their mother, Elizabeth's, estate. Parcel D, consisting of approximately 10 acres, had been sold to Donald Stein before Elizabeth passed away. In her will she is giving her house and roughly the east 10 acres to Susan Stein. That results in the lot split of the L- shaped lot. They are just trying to improve the situation and make it more appropriate. They would not be creating any new lots, just redistributing the property lines of the existing four parcels. They would also be giving the southern two parcels street access. Mr. Pearson stated that if this land was rezoned from Agriculture to Rural Residential, the density requirement is one dwelling unit per five acres. For the next meeting Staff will be preparing findings to grant the variance based on available frontage on 120 Street and that ponding areas constrict the ability to access through to 120 Street given the limitations of topography and other issues maintaining the existing density and coming up with an alternative form of access will. Staff would also like to ask for more information in terms of topography. Currently the applicants have no desire to sell off these two parcels on the south. There was some discussion on alternatives for access to these two parcels. Chairperson Weisensel opened the public hearing. There were no comments. MOTION by Messner to continue the public hearing until February 11, 2003. Second by Weisensel. Ayes: Schiltz, Anderson, Napper, Weisensel, Messner. Nays: 0. Motion carried. There is no city sewer /water in this area. A few concerns are the future subdivision potential and the quality of water as that area develops. Mr. Pearson stated the current setback criteria from the water's edge and height above water elevation originate from the DNR so they would review any variances. Any future subdivision that could occur would have to come back through the process. Ayes: Schiltz, Anderson, Napper, Weisensel, Messner. Nays: 0. Motion carried. Old Business: None. New Business: None. Director's Report: City Planner Pearson notified the Commissioners about an upcoming open house being conducted by Dakota County as they are updating their transportation plan. It would be on a Thursday in late February in the evening. The meeting is intended for Planning Commissioners, Mayors, and City Council members. Mr. Pearson will have the County send invitations to the Commissioners interested in attending. 1111 Chairperson Weisensel asked if there were any expectations of Commissioners participating in any discussions with the new council. Mr. Pearson said he expected there would be but currently there is nothing scheduled. Planning Commission Regular Meeting Minutes January 28, 2003 Page 5 There being no further business to come before this Commission, upon Motion by Weisensel, and upon unanimous decision, the meeting was adjourned at 7:13 p.m. Respectfully Submitted, Uttti 1 L Chantel Nelson Recording Secretary a CITY HALL y CITY OF ROSEMOUNT 2875 -145th Street West Rosemount, MN 55068 -4997 Phone 651 423 4411 Hearing Impaired 651 423 -6219 Planning Commission Fax 651-423-5203 Regular Meeting Minutes February 11, 2003 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, February 11, 2003. Chairperson Jeff Weisensel called the meeting to order at 6:30 p.m. with Commissioners David Anderson, Myron Napper, and Jason Messner present. Absent was Commissioner Thomas Schiltz. Also in attendance was City Planner Rick Pearson. The meeting was opened with Pledge of Allegiance. Agenda: City Planner Pearson requested that item 7A be pulled from the agenda and added an update on the Bloomfield 5 Addition Final Plat at item 7A. Audience Input: None. MOTION by Anderson to approve the January 28, 2003 Regular Planning Commission Meeting Minutes. Second by Napper. Ayes: Anderson, Napper, Weisensel, Messner. Nays: 0. Motion carried. Public Hearing: SKB Interim Use Permit Amendment SKB is looking to add a construction demolition cell to their current site as the facility off 117 Street is closing. This new cell would occupy 38 acres which would bring the combined cell area to 108.4 acres or 45.9 percent of the site. Currently the four cells at the site are separated with gaps between them and they form pyramids. This amendment would fill in the gaps with materials to combine them into just one pyramid. The overall height would be raised approximately 35 feet from a permitted finished elevation of 931 feet to 968 feet above sea level. With the addition of the new construction demolition cell and the four current cells becoming one cell, the appearance of the overall facility will change. SKB is proposing to vary the cover on the cells with vertical ridges providing enough depth of top of the soil to plant trees. SKB has worked with the University of Minnesota Extension Office to implement a revised planting design. The current Interim Use Permit was renewed for five years on December 18, 2001. Richard O'Geara, President of SKB Environmental, gave a brief presentation to the Commission. He gave a summary of what Mr. Pearson stated along with a history of the site and what the future will be. They want the site to be more natural when it is completed. They did have some traffic issues that they have worked to resolve which improved the overall site. They no longer make left hand turns out of their site onto Hwy. 55. When they build the construction cell they would like to build an additional access so that trucks don't have to drive all the way across the landfill. Planning Commission Meeting Minutes February 11, 2003 Page 2 Commissioner Napper asked about the height of the landfill. Mr. O'Geara stated the height will be 35 -38 feet higher because of the pyramid that is closed and certified as closed with the MCPA regulations. They cannot lower that pyramid. The new elevation allows for water run -off. The planting will come off the edges of the pyramid and the middle will have an undulation with a thickness enough to plant trees. There are no plans to come back in the future to make the pyramid higher than currently proposed. Chairperson Weisensel confirmed that the recording secretary has placed on file with the City the Affidavits of Mailing and Postings of a Public Hearing Notice and Affidavits of Publication concerning the public hearings on the agenda. Chairperson Weisensel opened the public hearing. There was no public comment but Chairperson Weisensel noted that letters in support were received from Paul Eggen of the Rosemount Chamber of Commerce, Linda Kirkey, and John Warwig MOTION by Messner to close the public hearing. Second by Anderson. Ayes: Napper, Weisensel, Messner, Anderson. Nays: 0. Motion carried. Chairperson Weisensel stated he was pleased to see SKB using the outreach service available through the University of Minnesota. MOTION by Anderson to recommend that the City Council amend the Interim Use Permit for SKB to include the cell modifications and the construction demolition cell subject to: 1. Obtaining all necessary approvals and permits from applicable State and County regulatory agencies. 2. Amending the zoning ordinance to allow the increased amount of Construction Demolition material in the new cell. 3. Execution of an amended Interim Use Permit Agreement incorporating recommendations of the City Attorney. 4. The C D recycling transfer station shall be required to conform with the requirements of the Site Plan review process (Section 12.3 of the Zoning Ordinance). Second by Messner. Ayes: Weisensel, Messner, Anderson, Napper. Nays: 0. Motion carried. Public Hearing: Zoning Text Amendment to the Waste Management District SKB Environmental is requesting approval of a zoning text amendment that will facilitate land filling of construction demolition material in a new cell alongside the already permitted cells. In 1996 the applicant was successful in getting approval to expand the Inver Grove Heights C D landfill into Rosemount to form the southern edge of the cell that is currently phasing out. The amount of material on the Rosemount side was 200,000 cubic yards. The same amount was used in a zoning text amendment at the time to limit the total amount of C D material that could be land filled anywhere in the City. The requested amendment would remove the 200,000 cubic yard maximum. Since land filling is only allowed in the WM District, the only land in Rosemount with that zoning is at the SKB site and along the edge of the Inver Grove Heights facility. The City would still have the regulatory authority of zoning and the Interim Use Permit process. Planning Commission Meeting Minutes February 11, 2003 Page 3 Chairperson Weisensel opened the public hearing. There was no public comment. MOTION by Anderson to close the public hearing. Second by Napper. Ayes: Messner, Anderson, Napper, Weisensel. Nays: 0. Motion carried. MOTION by Anderson to recommend that the City Council amend the zoning ordinance to repeal Section 6.17.B.2.a of Ordinance B, the Zoning Ordinance. Second by Napper. Ayes: Anderson, Napper, Weisensel, Messner. Nays: 0. Motion carried. Mr. Pearson stated the City Council will review the Interim Use Permit Amendment possibly at the next meeting on February 20, 2003, otherwise it will be on the March 6, 2003 agenda. Public Hearing: Stein Lot Split/Combination This application involves the redistribution of property owned by the late Elizabeth Stein to her kids, Donald Stein and Susan Stein. No new lots are being created; however, the two southerly parcels will not have the standard rural lot frontage on a street. Staff is currently in discussions with the applicants to identify alternatives to access to the southern two parcels as well as the appropriate method of securing improvements to Coffee Trail that would be necessary. Revisions may be forthcoming and as a result, Staff is recommending the public hearing be continued until February 25, 2003. Chairperson Weisensel reopened the public hearing. There were no public comments. Chairperson Weisensel noted an email received from Richard Hanson in support of this application. MOTION by Messner to continue the public hearing until February 25, 2003. Second by Anderson. Ayes: Napper, Weisensel, Messner, Anderson. Nays: 0. Motion carried. Public Hearing: Bloomfield 7 Addition Concept PUD Amendment Centex Homes is requesting to amend the Bloomfield Planned Unit Development to change the housing type in one of the neighborhoods on the east side. The change from 40 conventional single family to 54 attached units in 3 -unit townhomes and involves the same amount of land and a similar street design. The number of housing units is increased by an additional 35 percent. There is one street connection at Auburn Avenue with the street looping. The compressed housing pattern allows for more open space between the homes and the railroad tracks. The minimum setback for single family homes to the railroad right -of -way is about 60 feet. With this change to the townhomes the distance to the railroad tracks would be about 270 feet. By approving the amendment, there would be a reduced amount of paved surface resulting in less impact to the wetland on the west side, an increase in units will increase the amount of park dedication, and by clustering the homes further away from the railroad tracks, there is more open space with additional buffer potential. If approved the housing mix would go from 58 percent single family and 42 percent multi family to 50 percent of both single family and mutli- family. Planning Commission Meeting Minutes February 11, 2003 Page 4 Steve Ach, Centex Homes, stated that they are proposing a three -unit building that is single loaded with the two end units being single level and the middle unit being a two -story. They are trying to provide a mix of product to their buyers. This is a new product that they are finding a good reception and demand for. Mr. Ach gave several examples of how this housing type would work best for the proposed location of Bloomfield 7 Addition. The footprint space for the single family is greater than that of the three -unit townhomes, thereby reducing the amount of impervious surface. Mr. Pearson emphasized that this is only a concept review and that if the concept is approved they will have detailed design of the actual building footprints, proposed lot lines, grading plans, landscaping and utility designs. Mr. Ach added that this would have more open space maintained by the association and they would have a full landscape package. They are pulling the development away from the negative impacts such as the railroad and the future Connemara Trail. Chairperson Weisensel opened the public hearing. There was no public comment. MOTION by Messner to close the public hearing. Second by Anderson. Ayes: Napper, Weisensel, Messner, Anderson. Nays: 0. Motion carried. Chairperson Weisensel stated this is a good solution to a difficult area. He likes the buffer area off the railroad tracks and thinks the people living there will too. He also likes the reduced impact on the wetlands. He also likes the housing articulation. He is not concerned with the increased unit counts. MOTION by Messner to recommend that the City Council approve the concept Planned Unit Development Amendment subject to: 1. Conformance with the requirements for preliminary/final planned unit development. 2. Rezoning to R -2, Moderate Density Residential. Second by Napper. Ayes: Weisensel, Messner, Anderson, Napper. Nays: 0. Motion carried. Mr. Pearson stated this will go to the City Council probably on February 20, 2003 and at that time will take action on the concept application. Public Hearing: Mike Kulhanek Variance Chairperson Weisensel recessed the Planning Commission Meeting and convened the Board of Appeals and Adjustments Meeting. Mr. Pearson informed the Commission that the applicant, through his attorney, has requested this hearing be continued until February 25, 2003, to allow them more time to revise their plan and address some key issues with regards to the wetlands on the property. Chairperson Weisensel opened the public hearing. Chairperson Weisensel noted an email received from Phil and Karen Casselman in opposition of this variance request. Planning Commission Meeting Minutes February 11, 2003 Page 5 Tracy Dougherty, 12370 Blanca Avenue, is a neighbor of Mr. Kulhanek's. She requested Mr. Pearson give a brief presentation on what Mr. Kulhanek is asking for. Mr. Pearson stated that the applicant's property is located at the northern end of Blanca Avenue. A couple of years ago he obtained a variance to build his house that sits between two pre- existing lots that were combined to create a building pad between two wetlands. It is zoned rural residential and the required lot size is 2.5 acres. These two lots combined equal about one acre so Mr. Kulhanek was granted a variance to lot area size for the house. Mr. Kulhanek's overall package placed the house between two existing wetlands. On the eastern side is a significant wetland of fairly high quality and on the western side is a smaller wetland of slightly lower classification and smaller buffer zone. A portion of that buffer zone was impacted with the construction of the house. At that same time the applicant also requested a detached structure on the south side of the wetland and a paved surface area connecting it to the driveway to the garage attached to the house. Acting as the Board of Appeals, the Planning Commission granted the variance for setbacks and lot area for both the house and detached building. A few neighbors appealed the variance to the City Council who overturned the variance granted. They granted a modified variance that only included the house and deluded the detached structure because there was impact to the wetland, that capacity of the wetland was being reduced and the appellants had a stormwater study prepared by a consultant that indicated potential problems with impacting these wetlands and reducing the stormwater capacity. Mr. Kulhanek is asking again for a variance, which is his right, for a three -car garage. The request also includes a retaining wall and a portion of the wetland to be filled. Staff was very concerned about the variances and the impact of the wetlands. The applicant has not dealt with the stormwater issue which was a condition placed on the modified variance. Staff feels that because there has been no shown attempt to maintain the storage capacity of this wetland Staff feels since the first finding of the variance deals with health, safety, welfary, they cannot support this variance. Staff is hoping that Mr. Kulhanek will use the next two weeks to revise his plans and address the stormwater issues. Betty Schneider, 12365 Blanca Avenue, is the neighbor to the southwest of Mr. Kulhanek's. She is opposed to the variance for the same reasons as stated a few years ago and as Mr. Pearson mentioned. She is concerned with the valuation of her property and the probable change in water tables that will affect her property. She also has enjoyed the wildlife and would hate to see that destroyed. Commissioner Napper inquired about a swale on the property and if it was considered a wetland. Ms. Schneider stated that at one time the area where Mr. Kulhanek's house is was one big wetland. When Don Christiansen developed the south end of Blanca Avenue he didn't know what to do with all the dirt so he took it and divided the wetland. Jeff Nelson, 12334 South Robert Trail, lives just west of Mr. Kulhanek. He is also opposed to the variance for the same reasons already stated. He is concerned with the impact of filling the wetlands. The wetland on the west side does not always have water accumulated. It depends on the amount of snow and rain in a given year. Planning Commission Meeting Minutes February 11, 2003 Page 6 Tracy Dougherty, asked is she would be able to speak at the meeting on February 25, 2003. Chairperson Weisensel stated she could speak tonight or at the next meeting. Mr. Pearson stated the applicant had hoped that all public comment would be deferred for two weeks so they could have an opportunity to respond. Ms. Dougherty asked how much he wanted to fill and if the study they had prepared a few years ago would apply to what Mr. Kulhanek is asking for now.. Mr. Pearson stated he believed Mr. Kulhanek was asking to fill about 1500 square feet and that the study does have merit and gives the Planning Commission and City Council more information on the property. That study was very instrumental in the City Council modifying the variance granted. The Planning Commission, acting as the Board of Appeals and Adjustments, has not yet made a decision and are hoping to receive additional information from the applicant. MOTION by Anderson to continue the public hearing until February 25, 2003. Second by Messner. Ayes: Messner, Anderson, Napper, Weisensel. Nays: 0. Motion carried. Chairperson Weisensel asked that the next packet include a copy of the study prepared, a copy of the meeting minutes when the variance was granted and any information the City took into consideration to overturn that variance. Mr. Pearson stated that most of this information is being reviewed by Chad Donnelly, our Wetland Resources Engineer. Mr. Pearson also stated he is expecting Mr. Donnelly to put together a package. Chairperson adjourned the Board of Appeals and Adjustments meeting and Reconvened the Planning Commission Meeting. Old Business: None. New Business: Bloomfield 5 Final Plat Update Mr. Pearson informed the Commission that the final plat for Bloomfield 5 Addition extended the lot lines on the east side all the way across the property over a significant ponding basin. Refined design work for the ponding basin has been completed and includes a planting plan. The final plat is being modified on the recommendation of the City Engineer so that the opposite sides of the ponds from the backyards of these lots would not have to be maintained by the owners of those lots. The modification will create an outlot for the perimeter of that pond. Mr. Pearson wanted to inform the Commission for when the mylars come in and look different than the approved final plat. New Business: Biscayne Pointe 5 Final Plat This final plat is the last step in the planning process to create single family lots for sale. The plat is in conformance to the R -1, Low Density Residential standards and preliminary plat. This development is east of Biscayne Avenue and north of the Connemara Trail alignment. There are 31 lots on approximately 12 acres. Steve Bona of Heritage Development is present to answer any questions. Staff is recommending approval subject to the four conditions. MOTION by Anderson to recommend that the City Council approve the final plat for Biscayne Pointe 5 Addition subject to: 1. Execution of a subdivision development agreement to secure public infrastructure and private improvements. Planning Commission Meeting Minutes February 11, 2003 Page 7 2. Incorporation of recommendations by the City Engineer regarding drainage, grading, easements, streets and utilities. 3. Payment of all platting and development fees as established in the current fee resolution. 4. Conformance with all of the conditions of the preliminary plat. Second by Messner. Ayes: Anderson, Napper, Weisensel, Messner. Nays: 0. Motion carried. Mr. Pearson stated this will go to City Council when the development agreement is prepared and signed by the developer. That might not occur until March 20, 2003 but Staff will be in contact with Mr. Bona. Director's Report: City Planner Pearson mentioned the correspondence from the Met Council that was passed out before the meeting. They are going to be reviewing the 2030 blueprint and he expects there will be several meetings scheduled in the future. There being no further business to come before this Commission, upon Motion by Weisensel, and upon unanimous decision, the meeting was adjourned at 7:43 p.m. Respectfully Submitted, Chantel Nelson Recording Secretary CITY OF ROSEMOU NT 2875 1 CI 45 t h i S t eetWest Rosemount, MN 55068 -4997 Phone: 651. 423 -4411 Hearing Impaired 651 423 -6219 Planning Commission Fax 651-423-5203 Regular Meeting Minutes February 25, 2003 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, February 25, 2003. Chairperson Jeff Weisensel called the meeting to order at 6:30 p.m. with Commissioners David Anderson, Myron Napper, Jason Messner, and Thomas Schiltz present. Also in attendance was City Planner Rick Pearson. The meeting was opened with Pledge of Allegiance. Agenda: No additions or corrections. Audience Input: None. MOTION by Messner to approve the February 11, 2003 Regular Planning Commission Meeting Minutes. Second by Schiltz. Ayes: Anderson, Napper, Weisensel, Messner, Schiltz. Nays: 0. Motion carried. Chairperson Weisensel confirmed with the recording secretary has placed on file with the City all Affidavits of Mailing and Postings of a Public Hearing Notice and Affidavits of Publication concerning the public hearings on the agenda. Public Hearing: Stein Lot Split /Combination This request was brought to the Planning Commission on February 11, 2003. Since that meeting, Staff has offered several alternatives that the applicants are considering. This application is to redistribute property owned by Donald Stein and Susan Stein. There are no new lots being created but the redistribution does create two southerly parcels of land that would not have the standard rural lot frontage on a street. Chairperson Weisensel opened the public hearing. There were no comments. MOTION by Schiltz to continue the public hearing until March 11, 2003. Second by Anderson. Ayes: Napper, Weisensel, Messner, Schiltz, Anderson. Nays: 0. Motion carried. Public Hearing: Mike Kulhanek Variance Petition Chairperson Weisensel recessed the Planning Commission Meeting and convened the Board of Appeals Adjustments. Staff has not received any new information in this matter and, therefore, recommends continuing this public hearing until March 11, 2003. Staff was awaiting a report from Mr. Kulhanek's consultant that might help change the previous staff recommendation to deny this variance. Since this information has not been received, Staff does not have the ability to respond to it. Planning Commission Meeting Minutes February 25, 2003 Page 2 This variance request involves property located at the north end of Blanca Avenue. Approximately two years ago Mr. Kulhanek acquired a variance to lot area to construct the existing house in the middle of the property. This land is zoned Rural Residential and the minimum lot size is 2.5 acres. Mr. Kulhanek's lot is approximately 1 acre. The proposed garage encroaches into the setbacks. The proposed garage would require the wetland to be filled and a retaining wall to be installed. Some questions have been raised from our Water Resources Engineer, Chad Donnelly, about the impact of the wetland and its status and drainage patterns. Brian Alton, Attorney for Mike Kulhanek, stated that their consultant does not have any new information to add to the previous report prepared two years ago. There was question about the wetland and its ordinary high water mark as it affected the septic system and drain field. One thing to consider is the outlet from the wetland being several feet below the septic drain field. The presence of that outlet would alleviate any potential for inundation of the septic system that might result if fill is put into the wetland. Mr. Alton reserved the rest of his comments of the public hearing on March 11, 2003. Chairperson Weisensel opened the public hearing. There were no comments. MOTION by Napper to continue the public hearing until March 11, 2003. Second by Anderson. Ayes: Weisensel, Messner, Schiltz, Anderson, Napper. Nays: 0. Motion carried. Chairperson Weisensel adjourned the Board of Appeals Adjustments and reconvened the Planning Commission Meeting. Public Hearing: Danner Mineral Extraction Permit Renewal 2003 This is a routine mineral extraction permit renewal 2003 for the Danner Mining Pit located 1.25 miles east of STH 52/56 and 1/4 mile south of CSAH 42. The applicant reports approximately 115,000 tons of granular material was extracted in the last year. The pit seems to be a little behind the times in terms of its phasing as a result of the level of work and contracts landed. There are no requested change to the permit so Staff recommends approval subject to that attached conditions. Chairperson Weisensel opened the public hearing. There were no comments. MOTION by Anderson to close the public hearing. Second by Napper. Ayes: Messner, Schiltz, Anderson, Napper, Weisensel. Nays: 0. Motion carried. MOTION by Anderson to recommend that the City Council renew the mineral extraction permit for Marlon Danner of Danner, Inc. subject to the attached conditions for 2003. Second by Messner. Ayes: Schiltz, Anderson, Napper, Weisensel, Messner. Nays: 0. Motion carried. Mr. Pearson stated this would most likely be on the City Council agenda on March 20, 2003. Public Hearing: Centex Homes/Minea Concept Residential Planned Unit Development This development concept mixes housing types and densities on the largest remaining parcel of land in Rosemount's Metropolitan Urban Service Area (MUSA). There are a number of constraints on the property including several pipelines, significant storm water ponding Planning Commission Meeting Minutes February 25, 2003 Page 3 requirements, and the impact of collector streets. In addition, the Comprehensive Park Development Plan anticipated a semi community park on the edge of the ponding area off of County Road 38 that would have active play areas and recreational passive open areas. The Parks Recreation Commission is going to recommend 6 -10 acres for parkland. This presentation is to identify the development constraints, street and infrastructure issues, the housing types, parks, and open space. Ed Hasek and Steve Ach are present to answer questions from the commission and are looking from feedback so they can bring back a refined development concept at the March 11, 2003 Planning Commission Meeting. There was some discussion about the private open space along Connemara Trail. This primarily because of pipeline and the grading that will occur to build the overpass for the railroad. There was also discussion on the park near the wetland. Mr. Pearson said the expectation is that the park would begin at the high water mark for the pond but the locations are not definite. The width of the lots was also discussed because there are several proposed that are only 70 feet wide and the standard is 80 feet wide. Mr. Pearson stated examples of smaller lots could be found in the first parts of Country Hills and the Pulte detached townhomes south of Bloomfield on CSAH 42. Ed Hasek, Westwood Professional Service, stated the private open space was based on their concern with the gaslines and the ability to cross the lines with streets and utilities. They talked to Northern Natural Gas and the only restriction is to cross the line as little as possible and that the gas company wants to see the detail before it is approved. They are proposing five different types of housing units. The pond near the proposed park has only about a 1' /2 foot bounce with storm water so it won't take on a lot of extra storm water. They propose the park to be above the wetland line which is above the high water mark. The drainage of the pond and storm water run- off was also discussed. The pond on CR 38 is a preserved wetland so it would have a 75 foot buffer. The pond along the railroad tracks is only a storm water ponding area and it is not ranked as a wetland. There are times when it could potentially be dry. There was some discussion as to whether some of the vineyard townhomes and the storm water pond were on the railroad right -of -way. Commissioner Messner inquired if this would require a drainage and utility easement. The area has a lower elevation that land was acquired when the railroad was built. They mined it to create the embankment for the elevated railroad tracks. Mr. Hasek stated there should be no green space on the railroad right -of -way. They own the land up to the property line. Steve Ach, Centex Homes, stated that their goal was to create a neighborhood with a little more housing opportunities and diversity. Given the constraints on the site they came up with this plan to utilize the land more effectively. With regard to the 70 foot lots, their product is basically a 50 -54 foot footprint of a house. That allows them to build a 2100 -2500 square foot house. With the 70 foot wide lots they can still maintain the city's standard setbacks of 10 feet on each side. The 80 foot lots will have a larger house. They are expecting to have a trail along Connemara as well as along the other two collectors. They also anticipate trails running to the various neighborhoods to create a more pedestrian friendly neighborhood. There was discussion on the 10 -unit buildings and the thought that they were too much massing. Mr. Ach stated these Planning Commission Meeting Minutes February 25, 2003 Page 4 were on the back side of the neighborhood and that is was hard to see if they were 8 or 10 unit buildings. Chairperson Weisensel opened the public hearing. There was no comment. MOTION by Messner to continue the public hearing until March 11, 2003. Second by Schiltz. Ayes: Anderson, Napper, Weisensel, Messner, Schiltz. Nays: 0. Motion carried. Old Business: None. New Business: Bards Crossing Final Plat This is the final step in the process to divide up the land for the senior condos. There are two largs parcels, one for each building, and a series of outlots. There is a requirement for a 40 -foot wide conservation easement along the southerly edge of the site. The plan shows Outlot A being set aside for a separate pond for storm water purposes. The City Engineer has recommended this separate status be dropped in lieu of an easement. There is no City pond need other than the storm water generated by this private development. This is consistent with the approved preliminary plat. MOTION by Anderson to recommend that the City Council approve the final plat for Bards Crossing subject to: 1. Execution of a subdivision development agreement to secure public infrastructure and private improvements. 2. Incorporation of recommendations by the City Engineer as detailed in the attached memo dated 2 -18 -03 relative to drainage, easements, grading and utilities. 3. Conformance with all of the conditions of Resolution 2002 -102, Evermoor Bards Crossing Final Planned Unit Development. 4. Payment of all development and platting fees including Park Dedication as specified in the current fee schedule. Second by Napper. Ayes: Napper, Weisensel, Messner, Schiltz, Anderson. Nays: 0. Motion carried. Director's Report: City Planner Pearson updated the Planning Commission on items pending City Council action. The next meeting is March 6, 2003. The agenda will include the SKB Interim Use Permit and Zoning Text Amendment, the Appeal by the Raak's who own the farm along Highway 3, and the Glendalough Minor PUD Amendment to add a pool. There being no further business to come before this Commission, upon Motion by Weisensel, and upon unanimous decision, the meeting was adjourned at 7:27 p.m. Respectfully Submitted, Chantel Nelson Recording Secretary 'y CITY O F RO S E M O U N T CITY HALL 2875 145th Street West Rosemount, MN 55068-4997 Phone: 651-423-4411 Hearing Impaired 651- 423 -6219 Fax 651-423-5203 Planning Commission Regular Meeting Minutes March 11, 2003 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, March 11, 2003. Chairperson Jeff Weisensel called the meeting to order at 6:30 p.m. with Commissioners David Anderson, Myron Napper, Jason Messner, and Thomas Schiltz present. Also in attendance was City Planner Rick Pearson, City Engineer Andrew Brotzler, and Water Resources Engineer Chad Donnelly. The meeting was opened with Pledge of Allegiance. Agenda: No additions or corrections. Audience Input: None. MOTION by Messner to approve the February 25, 2003 Regular Planning Commission Meeting Minutes. Second by Schiltz. Ayes: Napper, Weisensel, Messner, Schiltz, Anderson. Nays: 0. Motion carried. Chairperson Weisensel confirmed with the recording secretary has placed on file with the City all Affidavits of Mailing and Postings of a Public Hearing Notice and Affidavits of Publication concerning the public hearings on the agenda. Public Hearing: Stein Lot Split /Combination This hearing is continued from February 25, 2003. The Steins property consists of four parcels south of 120 Street. Mr. Pearson spoke to Reid Hanson, attorney for the Steins, who indicated the Steins have agreed to consolidate the four parcels into two so there would be a common boundary line separating the two parcels. As a result of this consolidation, there is no longer a need for a variance. It would be a lot consolidation that could go right to City Council. Staff expects the Steins to request an easement along the southern edge of the property but if there is a subdivision sometime in the future that could create public streets then the easement could potentially be vacated for a better solution. There is no action needed by the Planning Commission other than closing the public hearing since this will move right to City Council. Chairperson Weisensel opened the public hearing. There were no comments. MOTION by Anderson to close the public hearing. Second by Napper. Ayes: Weisensel, Messner, Schiltz, Anderson, Napper. Nays: 0. Motion carried. MOTION by Weisensel to move this lot consolidation forward to the City Council with no recommendation from the Planning Commission. Second by Anderson. Ayes: Messner, Schiltz, Anderson, Napper, Weisensel. Nays: 0. Motion carried. Planning Commission Meeting Minutes March 11, 2003 Page 2 Public Hearing: Centex Homes /Minea Property Concept Plan This public hearing is continued from February 25, 2003. This is the largest remaining parcel of land available for development with urban services. The constraints of the land include several pipelines, significant stormwater ponding requirements, and the impact of three Collector streets. The proposal includes mixed housing developments and densities. There are two types of single family housing on 70 foot and 80 foot wide lots. There are quad carriage homes and 8- and 10- unit carriage homes. In addition, there are also 3 dwelling unit townhomes. There is a public park area on the northwest corner of the property. Connemara Trail extends through the property and Bacardi comes down from the northwest connecting to Connemara Trail and a future unnamed collector street coming down from the northeast corner then across the property to connect to Connemara Trail. There are 166 single family houses and 241 total attached units. This does meet the overall citywide density goals. Staff has identified several concerns that are added as conditions of approval. There was discussion about the neighboring land to the east and Mr. Pearson stated it is included in the 2020 MUSA line as urban residential. There was also discussion about the collector street alignments and where the sidewalks would be placed. Mr. Pearson said the preliminary plat process would outline more details such as grading, street alignment, lot lines, etc. Ed Hasek, Westwood Professional Services, passed out a new map to replace the one on page 5 of the booklets. The reason for the amendment was to clarify what the open space on the plan is. Mr. Hasek went through the bubble diagram and explained that the sunburst in the middle represented an area of conflict for development. There is a grade crossing that will have to be accomplished at some location on the pipeline. They can grade no more than 2 feet up or down because of the depth of the pipe. That means that Connemara Trail coming across the railroad tracks is going to intersect at some point there and the road will have to be kept high to make that work. They concur with Staff concerns and know that more work will need to be done on this project. The new map illustrates why things were done the way they were. The open space around the higher density or more intense portions of the development was done to create larger pockets of open space. The reason for the densities and types of housing units is because they feel there is a place in the market. They are trying to provide life -cycle housing. The carriage homes are in the location they are is because that is the part of the site that is the flattest and most conducive to that type of development. There is nothing to preclude them to cross the pipeline to develop but they felt it was an opportunity to provide more open space. Between the parks and open space they are at about 24 -25 percent of the site being in recreational space. Add the wetlands into that and they are at about 35 percent. The extension of Bacardi Avenue is flexible. They feel it provides good access to the future fire station and water tower but also provides good access to the park. If they are unable to extend Bacardi Avenue they still have significant access potential to the park and future fire station and water tower. There was discussion about the size of the wetlands and the water level. Mr. Hasek stated the diagrams show the highest water level of each particular wetland. It was questioned if one of the carriage homes and driveway was over the pipeline and if that was an issue. Mr. Hasek stated the building will not be built into the easement and the driveway can be built on the pipeline as long as it doesn't change grade by more than two feet. Chairperson Weisensel opened the public hearing. There were no comments. Planning Commission Meeting Minutes March 11, 2003 Page 3 MOTION by Schiltz to close the public hearing. Second by Napper. Ayes: Schiltz, Anderson, Napper, Weisensel, Messner. Nays: 0. Motion carried. Chairperson Weisensel mentioned these wetlands were not in the wetland inventory and asked Water Resources Engineer Donnelly if they would at some point become a wetland, particularly the larger pond. Mr. Donnelly stated that if it becomes a stormwater pond it doesn't fit the classical wetland definition unless it has pretreatment of the stormwater for the influent from the site. Otherwise it just basically acts as a stormwater pond. Chairperson Weisensel asked if this pond was set up to retain water or if it would just hold it for the storm duration and then dries up. City Engineer Brotzler stated this will serve as a regional pond in the City's overall stormwater system. There will be an inlet pipe from the Biscayne Pointe 4 Addition on the west and then there will be an outlet pipe to the south that will be built underneath the railroad tracks through the Bloomfield development where there is another large wetland that the pond will drain to and will function as a main stormwater pond. The main infiltration basin is further downstream along CSAH 42 at the Bloomfield 5th Addition. It will at times retain water. Chairperson Weisensel wanted to check into that because he was of the understanding that areas developed that had stormwater pond retention areas that they became a wetland. Some of that had to do with the types of soils, etc. He was interested in the impact of the ordinance has on creating wetlands. MOTION by Anderson to recommend that the City Council approve the concept for the Minea Property subject to the following conditions: 1. The alignment of Connemara Trail impacts other properties beyond the west edge. Some flexibility may exist, however, the full impact will have to be verified, and the result may impact the number of dwelling units. As well, Connemara Trail will have to be constructed to a 40 mile per hour design speed. 2. Bacardi Avenue along the western edge might be severely restricted because of the convergence of many pipelines at the northwest corner of Bacardi Avenue and 135 Street West. 3. No variances to right -of -way or public /private street standards are recommended. 4. Pipeline easement restrictions may also prohibit the driveway encroachment of the southerly most Carriage Townhomes. 5. The Fire Code will require turn arounds or looped connections at any shared driveway exceeding 150 feet. 6. The Park and Recreation Commission will evaluate the park, trails and connections and forward its recommendation to the City Council separately. 7. Common parking spaces should be provided at all of the attached housing areas. 8. Sidewalks /Trails are required on both sides of the Collector streets. 9. The Concept must be consistent with the Comprehensive Plan policies for the Urban Residential land use designation. For example, the average net density cannot exceed 5.8 dwelling units per acre without an amendment to the Comprehensive Plan. 10. Completion of the appropriate environmental review process as required by the Environment Quality Board (and Environmental Assessment Worksheet EAW). III 11. Concept approval does not guarantee densities or numbers of dwelling units or lots. S econd by Napper. Ayes: Anderson, Napper, Weisensel, Messner, Schiltz. Nays: 0. Motion carried. Mr. Pearson stated this will go to the City Council on April 3, 2003. Planning Commission Meeting Minutes March 11, 2003 Page 4 Public Hearing: Mike Kulhanek Variance Petition Chairperson Weisenel recessed the Planning Commission meeting and convened the Board of Appeals and Adjustments. This public hearing has been continued from the past two meetings. Mr. Kulhanek has requested variances to build a 30 ft x 36 ft garage on his property located at the northern edge of the cul -de- sac on Blanca Avenue. While his lot is large enough, it is dominated by two wetlands on each side of the house. The open space behind the house is set aside for the drain field. The only accessible place for an accessory structure is in the front yard between the wetlands and the street. However, there is no way to do this and conform with the setbacks without impacting a wetland. This property is zoned Rural Residential and the front yard setback is 40 feet, side yard setback is 30 feet, and the rear yard setback is 30 feet. If approved, the variance for the front yard setback would be 12.34 feet, side yard 12.01 20 feet, and rear yard 14.47 feet. These are significant variances to setbacks. The majority of the proposed garage would be on variance land. Mr. Pearson summarized the history of this property and the variance received to construct the house in 2001. At that time, the variance request included a smaller garage. The variance was granted by the Planning Commission but appealed to City Council by neighboring property owners based on the impacts to the wetlands and the increase in storm water run -off. The neighbors hired a consultant as did Mr. Kulhanek. Consequently, the variance was modified by the City Council to exclude the smaller garage to minimize the impact on the wetland on the west side of the property. In this variance request, a portion of the westerly wetland would be filled behind a retaining wall that would be built on the west side of the house and curve down to the north side of the proposed garage. The area filled is less than 2000 sq. ft. and would become the paved driveway connecting the attached and new detached garages together with the driveway entrance. Staff is concerned that the reduction of the stormwater storage area could adversely impact the adjacent neighbors who appealed the previous variance. The consultant hired by Mr. Kulhanek two years ago did not model the stormwater storage and run -off using the same calculation methods that are City policy. The consultant did not model a 100 -year 24 -hour storm event, which is considered a critical event of a development like this. A 10 -day snowmelt was also not modeled. At the meeting on February 25, 2003, Mr. Kulhanek's attorney stated the consultant had no new information to add to his previous report. As a result, Staff is recommending denial of this variance request. There was a question about the difference of a 10 -day snowmelt and a 100 -year 24 -hour storm event. City Engineer Brotzler indicated the difference was in modeling the event and it is determined by the conditions of the site or the watershed the event occurs within. The 100 -year 24 -hour event is a rainfall event. The water is typically allowed to infiltrate and flow through an outlet where as with a 10 -day snowmelt event it is a different modeling without an outlet if the outlet is plugged due to frozen conditions, etc. They take the higher of the two elevations and note that as the critical event for the watershed. Planning Commission Meeting Minutes March 11, 2003 Page 5 The wetland on the west side of the property typically has a 15 foot buffer zone and the wetland on the eastern side is a higher classification so the buffer would be 75 feet. There might be mitigation possibilities related to impacts on the buffer zones. The affect filling the wetland would have on neighbors could potentially be water in their basements. Brian Alton, Attorney for Mr. Kulhanek, stated the concern for the inundation of the septic system and for the desire to reduce the amount of fill are non issues. The fill has been reduced from 2000 sq. ft to 1350 sq. ft. The amount of fill is considered diminimus under the Water Conservation Act and Mr. Kulhanek does have a permit to do the fill making the fill not the issue. They feel the construction of the garage will not have an impact on the wetland because it will be constructed so that any run -off would be directed away from the wetland. They didn't feel the garage itself would have any affect on the wetland. Mr. Alton stated the house is now built and fits in nicely with the neighborhood and there have been no problems with either of the wetlands. The outflow from the wetland has not been considered. Mr. Alton passed out a map that is a reduced version of the drawing used to obtain the building permits for the house. It shows a 12 -inch pipe used at the outflow from the pond. It goes across Mr. Nelson's property to the drainage ditch on Highway 3. Mr. Alton showed the Commission photographs to showing the outflow is unobstructed and clear. This culvert is located in the northwest corner of the wetland. Based on the topography of the lot, Mr. Alton stated it was impossible to build a garage but that an accessory building is a permitted use. He stressed again that the fill is not the issue rather it is whether the garage itself will impact the wetland. Mr. Kulhanek has obtained a certificate of exemption that fits the diminimus permitting the amount of fill. The question is whether the garage can be built after the fill has been put in. They would agree to have all run- off from the garage itself be diverted from the wetland, they would provide reasonable proof that the septic system would not be affected, and that any fill be limited to the diminimus amount and no more than 1300 sq. ft if possible. Mike Kulhanek, 12355 Blanca Avenue, stated that the plan indicates an asphalt driveway but he would actually put in a cobblestone driveway to provide some area for the water to saturate in. He said the final grade of the garage will be lower than the house. If there is water coming from the cul -de -sac, it would run the way it has run previously. It would not interfere with that run- off, it would continue to flow in the same manor. He felt the homes in the area were not up to current code and don't have the drain tile and sump systems which causes them to have water problems in their basements. He didn't feel his land would affect their properties anymore than it has previously without improvements. Mr. Kulhanek reiterated that the issue of the fill has been approved and he has a certificate giving him the okay to fill the wetland. He felt that was a separate issue. The 12 inch pipe drains the wetland so that it won't reach above that level. The level the drain pipe is at the wetland can never go above that level because it drains out at a decline to Highway 3. Since the 10 -day snowmelt had not been modeled Commissioner Schiltz asked how much the wetland would rise if the drain pipe was frozen. Mr. Kulhanek said it would have to raise approximately six feet up the sides of the pond. There was discussion on what the amount of fill on the west side of the house had to do with building the garage. Mr. Kulhanek stated that on the east side in order to limit the flow of soil into the higher quality wetland he has constructed retaining and boulder walls to limit that flow. Because of that he is limited on ways to get to his backyard so he will use this area to drive his lawn tractor to the back yard. Mr. Kulhanek was asked if he had considered filling the approved 2,000 sq. feet and moving the garage back so he didn't need as many variances. Mr. Kulhanek Planning Commission Meeting Minutes March 11, 2003 Page 6 said he put the garage in that location because he wanted a clear view of the garage for security and it would be more difficult for him to come into the garage. There was discussion on where the run -off from the garage would go and Mr. Kulhanek stated he wanted to gutter the garage so that the water go towards the north. It may flow back but it would have time to saturate into the soil. The slab elevation of the garage and grading was questioned. The proposal for the garage is a little lower than the footprint of the house which was 3 feet above the ordinary high water mark. City Engineer Brotzler stated the applicant does have a certificate for the filling of the wetland. That certificate does note that until a grading plan is approved and a grading permit is acquired from the City there is to be no filling of the wetland. At this point, that permit has not been issued. Also, when the original permit was issued for building the house only there were Staff comments noting there was additional information required from the applicant related to the proposed filling of the wetland. Once the variance was modified to exclude the garage there was no further need for that information to be provided. There was no follow -up from the City. Now that we have this application we are back to where we were with the original application two years ago. The stormwater calculations originally provided were not adequate to confirm the high water level of the pond and the impact to adjacent properties. The City still needs that information to make a recommendation. City Planner Pearson commented that there could be other options that would require less or no variance. There could be other wetland issues but he cannot recommend in favor of any variance of there are other options that require a reduced variance. At the direction of the Commission, Staff would be willing to recommend this hearing be continued so they can look at additional information provided. The Commission asked Mr. Kulhanek if he had considered a smaller building to minimize the amount of variances. He stated that since he has been in the home the 2 -car garage is not sufficient because the ordinance states RVs and boats have to be stored inside. The bigger garage would accommodate those and he wouldn't have to incur storage fees away from his home. He did mention he was open to options that City may have so that he may build his garage but he didn't want to make the garage smaller. Chairperson Weisensel reopened the public hearing. Jeff Nelson, 12334 South Robert Trail, was concerned that adequate drainage to the wetland asked for two years ago still has not been provided. The 12 -inch pipe was put in by the previous owner of his house and he is not confident that is it adequately designed to drain the wetland. He also questioned the installation. He has seen the pipe and states it is filled in with sediment. Chaiperson Weisensel asked the applicant if he wanted the Commission to move on the action at this meeting, knowing he might not get the variance. If he wanted to provide additional information to the City, the Commission could continue the public hearing. The applicant stated he would like to proceed with action by the Commission. MOTION by Napper to close the public hearing. Second by Schiltz. Ayes: Napper, Weisensel, Messner, Schiltz, Anderson. Nays: 0. Motion carried. Planning Commission Meeting Minutes March 11, 2003 Page 7 Commissioner Anderson commented that where the proposed garage sits other alternatives exist where variances would be less, although maybe less attractive to the applicant. He stated granting a variance for almost the entire portion of the garage made the least amount of sense. Commissioner Schiltz concurred. Chairperson Weisensel stated that when the original proposal for actually building on the property came forward he was in support of granting the variance to allow the building, which was considerably smaller and satisfactory to the applicant. What he is asking for now is based on economic reasons which does not support granting a variance. MOTION by Anderson to deny the variance to accessory structure standards because the applicant has not demonstrated that the variance will not adversely affect the public health, welfare, and safety and will not be injurious to property or improvements in the neighborhood as specified in Section 14.2 of the Zoning Ordinance. Second by Schiltz. Ayes: Weisensel, Messner, Schiltz, Anderson, Napper. Nays: 0. Motion carried. Mr. Pearson stated the applicant could appeal this action to the City Council. He needs to submit a letter to the Planning Department which will then be forwarded to the City Council within ten working days and must be accompanied by the fee of $165 to cover the public hearing. Chairperson Weisensel adjourned the Board of Appeals Adjustments meeting and reconvened the Planning Commission meeting. Public Hearing: Wendy's Site Plan Review This site plan review is for a 4,000 sq. ft Wendy's fast food restaurant. It will be located on the lot adjacent to KFC /AW on the east side. They will share a driveway with the KFC /AW on the southwest corner as well as sharing a driveway with property on the east side of the proposed restaurant. There will be another access point to the common shared driveway on the south side of the site that connects Claret and Cimarron Avenues. The building will have one -way counter- clockwise circulation with parking in single rows on the east and north sides. There is double row parking on the west side where the main entrance is. The drive -thru window is located on the east side with vehicle stacking space wrapping around to the southwest side of the building. The plan does show more row parking and stacking at the drive -thru than is required. There would be two -way circulation on the southern edge of the site. The building will be constructed with brick veneer in a light to medium brown finish. There will be three roof structures to add vertical elements required by the PUD agreement. The windows will be framed with red block tile accents. The standing seam metal roof, window accents and roof structures will be red, the corporate color. The landscaping shows shade trees on the east, west, and south edges of the site with foundation shrubs at the front and rear elevations. More landscaping is recommended along CSAH 42. Staff recommends approval of this site plan with conditions. Dan Opitz, FourCrown, Inc., 709 Gillfillan Lane, White Bear Township, did pass out color renderings of the building. There were no questions for the applicant. Chairperson Weisensel opened the public hearing. There were no comments. MOTION byMessner to close the public hearing. Second by Schiltz. Ayes: Messner, Schiltz, Anderson, Napper, Weisensel. Nays: 0. Motion carried. Planning Commission Meeting Minutes March 11, 2003 Page 8 Commissioner Anderson asked why the additional inset driveway. Mr. Pearson stated that all five sites share this drive, similar to a private street. This gives the patrons two options to go to the three northern sites. The driveways were spaced to disseminate the traffic across the site to balance bottlenecks but keep the drives away from Claret and Cimarron Avenues. There may be a traffic problem during the lunch hour but proper striping and signs should direct people where to go. MOTION by Messner to approve the site plan for Wendy's subject to: 1. Boulevard trees with fifty -foot spacing and shrub plantings on earthen berms along CSAH 42, to be consistent with the PUD standards. 2. Provision of a sidewalk connection to the bike path on CSAH 42. 3. Cross access easements for shared access and maintenance across the two -way circulation portion of the site. 4. Incorporation of recommendations of the City Engineer concerning access, driveways, drainage, grading, and utilities. 5. Conformance with all applicable building and fire codes. 6. Eliminate minor setback encroachment for parking stall on southeast corner of site. Second by Schiltz. Ayes: Schiltz, Anderson, Napper, Weisensel, Messner. Nays: 0. Motion carried. Mr. Pearson stated this is an approval and conformance with the conditions is the green light to applying for the building permit, which is the next step in the process. Old Business: None. New Business: None.. Director's Report: City Planner Pearson informed the Planning Commission that the City Council heard the appeal from the Raak's, owners of the farmstead on South Robert Trail concerning refoofing the barn and other structures. The Council upheld the Planning Commission action to interpreting the zoning ordinance but Council did direct Staff to prepare a zoning ordinance amendment dealing with traditional farmsteads. There being no further business to come before this Commission, upon Motion by Weisensel, and upon unanimous decision, the meeting was adjourned at 8:28 p.m. Respectfully Submitted, Chantel Nelson Recording Secretary 0 414 f CITY HALL CITY OF ROSEMOU NT 2875 145th Street West Rosemount, MN L H 55068 -4997 1k ri Phone: 651 423 -4411 Hearing Impaired: 651 423 -6219 Fax: 651- 423 -5203 Planning Commission Regular Meeting Minutes March 25, 2003 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, March 25, 2003. Chairperson Jeff Weisensel called the meeting to order at 6:30 p.m. with Commissioners David Anderson, Myron Napper, Jason Messner, and Thomas Schiltz present. Also in attendance were City Planner Rick Pearson and City Administrator Jamie Verbrugge. The meeting was opened with Pledge of Allegiance. Agenda Changes: City Planner Pearson introduced and welcomed Rosemount's new City Administrator, Jamie Verbrugge. Audience Input: None. MOTION by Schiltz to approve the March 11, 2003 Regular Planning Commission Meeting Minutes. Second by Anderson. Ayes: Anderson, Napper, Weisensel, Messner, Schiltz. Nays: 0. Motion carried. Chairperson Weisensel confirmed with the recording secretary has placed on file with the City all Affidavits of Mailing and Postings of a Public Hearing Notice and Affidavits of Publication concerning the public hearings on the agenda. Public Hearing: AAA Auto Salvage Site Plan Review Mr. Pearson stated that this public hearing was scheduled before the application materials were reviewed by Staff. The application was found to be incomplete and Staff is recommending the hearing be canceled. Once the application materials are complete the public hearing will be rescheduled and renoticed. MOTION by Weisensel to cancel the public hearing. Second by Napper. Ayes: Napper, Weisensel, Messner, Schiltz, Anderson. Nays: 0. Motion carried. Public Hearing: Basic Builders /Uitdenbogerd Property Concept Plan This concept is to split the 1.6 acre parcel into four lots on the south side of Dodd Boulevard between Cobalt and Cimarron Avenues. Three of the lots would front on Dodd Boulevard with the fourth lot being a flag lot with a 15 -foot driveway strip to Dodd. A lot variance would be required for that lot. The applicant would demolish the existing house and build four new single family homes. The property is 227 feet wide, which is insufficient for any type of new internal public or private street. Since Dodd has no residential driveways directly connecting between Shannon Parkway and Cimarron, Staff recommended that the four driveways be consolidated Planning Commission Meeting Minutes March 25, 2003 Page 2 into two shared driveways with cross access easements. The lots are deep enough so that cars would not have to back out into Dodd. There are two service stubs on Dodd for utilities to this property. An alternative to disrupting the new Dodd Boulevard would be to connect the water to the 147 Street through existing drainage and utility easements previously platted. The house on the flag lot should orient to the houses along 147 Street. This would help to identify the yards for that lot. Staff also recommends the strip on the flag lot connecting to Dodd be increased to 20 feet wide. Staff recommends approval subject to five conditions. There was discussion about the connections to city services and the options available since the water is on the North side of Dodd. There were discussions about the lot widths and where the lot lines are measured from. The minimum lot width for the R1 district is 80 feet measured at the street right -of -way. E.B. McMenomy, Basic Builders, stated this is an infill development that will have starter homes in the range of $250,000- $300,000. They feel it makes more sense to start from scratch as the current house does not match with the neighborhood. They accept all the Staff conditions and don't see them being a problem. A discussion ensued regarding the flag lot and the alignment of the house on that lot. There was also discussion regarding the PUD process and what the City is getting in this development. Chairperson Weisensel opened the public hearing. Karen Danay, 14655 Cimarron Avenue, stated she liked the fact that houses weren't stacked on top of each other in Rosemount. She asked how the houses would be positioned on the lots. She also asked how this development would affect the market value of her home. She stated she was disappointed and would not like to see four houses go up on this property. Mr. Pearson stated this was just a concept so the building pads are not shown. He stated the homes would have to be within the setback requirements for the R1 zoning district. Regarding the market value Mr. Pearson stated he could not comment on whether her house value would go up or down because of this development. MOTION by Messner to close the public hearing. Second by Schiltz. Ayes: Weisensel, Messner, Schiltz, Anderson, Napper. Nays: 0. Motion carried. There was further discussion on lot widths and lot sizes. Chairperson Weisensel stated he did not see a benefit for the City in the PUD process and that he did not like the flag lot. MOTION by Messner to recommend that the City Council approve the concept planned unit development for the Uitdenbogerd property at 14676 Dodd Boulevard subject to: 1. Planning Commission adopting findings in support of PUD. 2. Incorporation of recommendations by the City Engineer relative to easements, infrastructure improvements and connections, street access, drainage and grading. 3. Consolidating the driveways of lots 1 2 and 3 4, so that the driveways connect to the Dodd Boulevard right -of -way perpendicular, and are 20 to 22 feet wide with cross access easements. Planning Commission Meeting Minutes March 25, 2003 Page 3 4. Orienting the front yard for Lot 1 to the Carrollton 4th addition lots on either side. 5. Conformance with the requirements for preliminary plat. 6. This approval is contingent upon review of more detailed plans as to how the houses would lay out on the lots and the landscaping. Second by Napper. Ayes: Messner, Schiltz, Anderson, Napper. Nays: Weisensel. Motion carried. Mr. Pearson stated this will go to City Council on April 17, 2003. Public Hearing: E E Sign Variance Rosemount Mall Chairperson Weisensel adjourned the Planning Commission and convened the Board of Appeals and Adjustments. This sign variance is smaller than the one previously granted in December 2002. That variance was appealed by a former councilmember and subsequently overturned by the Council. The mall currently has one ground sign about 120 sq. ft. that provides identification for the tenants of the mall which would be legitimized with the variance. Under the ordinance, signs are permitted up to 80 sq. ft. in size with a maximum height of 20 feet. One sign is allowed for each of the two building and one for identifying the multiple tenants. There is a spacing limitation between these signs of 100 feet. This property has 235 feet of frontage on South Robert Trail. Based on this and the placement of neighboring business signs, there is not enough space for the two signs allowed under the ordinance. Since it is not possible to construct three signs that are permitted and maintain the 100 feet of clearance between them, Staff feels a variance is warranted and should be granted. Chairperson Weisensel opened the public hearing. There were no comments. MOTION to by Messner to close the public hearing. Second by Anderson. Ayes: Schiltz, Anderson, Napper, Weisensel, Messner. Nays: 0. Motion carried. There was discussion about the removal of the prohibited roof -top sign on the Save More Auto building. Although granting the variance is a separate issue, Staff feels the Commission could add a condition of approval that the sign be removed prior to construction of the new sign. There was also discussion about limiting the number of signs to this single requested sign. MOTION by Weisensel to grant a variance to sign area standards (Section 10.2.E.2) of the Rosemount Zoning Ordinance supported by the attached findings as required in Section 14.2.G subject to: 1. The prohibited roof -top sign on the Save More Auto building be removed prior to construction of new sign. 2. The number of ground signs is limited to this single requested sign on this contiguous parcel of property. S by Messner. Ayes: Anderson, Napper, Weisensel, Messner, Schiltz. Nays: 0. Motion carried. Planning Commission Meeting Minutes March 25, 2003 Page 4 Mr. Pearson stated that if this action is not appealed by an aggrieved neighbor, a council member or staff member within ten working days then the applicant can apply for a building permit. Chairperson Weisensel adjourned the Board of Appeals and Adjustment and reconvened the Planning Commission. Public Hearing: Comprehensive Plan Amendment This request for an amendment to the 2020 Rosemount Comprehensive Plan is follow -up to the February 2003 City Council conditional approval of the residential concept for this 16 -acre property located on the southwest corner of Biscayne Avenue and the future Connemara Trail. This public hearing and Council authorization to prepare and submit the amendment to the Met Council are required. The amendment will change the land use designation to Urban Residential and facilitate rezoning to R -2, Moderate Density Residential. The rezoning will be a separate application and public hearing. The land is currently zoned Public Institutional. The purpose of the amendment is to alert the Met Council of the change in land use that could potentially affect regional systems. If the amendment was going to be a negative impact on those regional systems, the Met Council has the authority to not permit the City to implement the amendment. Chairperson Weisensel opened the public hearing. There were no comments. MOTION by Weisensel to close the public hearing. Second by Anderson. Ayes: Napper, Weisensel, Messner, Schiltz, Anderson. Nays: 0. Motion carried. MOTION by Anderson to recommend that the City Council authorize the preparation of an amendment to the 2020 Rosemount Comprehensive Plan to change the land use designation for the subject property to Urban Residential from Public Institutional. Second by Napper. Ayes: Weisensel, Messner, Schiltz, Anderson, Napper. Nays: 0. Motion carried. Mr. Pearson stated this will be on the City Council agenda on April 17, 2003. Old Business: None. New Business: Great River Energy Power Plant Mr. Pearson introduced Rick Lancaster of Great River Energy who will be making a presentation for the Commissioners. Mr. Lancaster said there was a public meeting scheduled at City Hall on Thursday, March 27, 2003 at 6:30 pm. Great River Energy is proposing a 250 -600 megawatt combined -cycle power plant in Rosemount that will serve their members' growing energy needs. They serve about 60 percent of Minnesota's geographic area. They are a cooperative and one of their members is Dakota Electric. The plant will generate significant tax revenue for the City and County and will provide jobs and improve electric reliability. They are seeking a personal property tax exemption from the legislature and they need support from the City and County in early April. They are a non profit cooperative with headquarters in Elk River. They are the second largest supplier in Minnesota and serve fast growing and rural areas. The plant will use natural gas as its primary fuel with fuel oil as a backup fuel. Both are clean burning. The advantages to the Planning Commission Meeting Minutes March 25, 2003 Page 5 site are that it is close to electric transmission and natural gas pipelines. It is also close to several sources of water. Tax revenue would between $1.3 million and $1.6 million for the first year and then it will depreciate 5 percent each year until it is down to 75 percent of that level. That is with the personal property tax exemption. There would be 250 construction jobs during the two -year construction period and then 25 permanent skilled labor jobs. This project would improve the reliability in the region in the event of a transmission or generation outages at other facilities. They are building the plant to serve their members' needs, not to provide power to Xcel Energy. They would like to obtain the personal property tax exemption this spring, receive member approvals and obtain the three major permits from the State by this summer. Once all permits are obtained by next fall, construction could begin with completion in spring of 2007. The State governs the siting of these plants. Great River Energy will work with the neighbors to address concerns. This is a very low air emission plant and they would meet the Minnesota noise standards. They use a two -stage process which is more efficient. They are a major user of water and plan to use the wastewater line as a source and they will have their own well as a backup system. Great River Energy has an option on 340 acres but the plant will only utilize 75 acres. There was discussion among the Commissioners regarding the taxes and the personal property tax exemption. There was discussion about the proposed sites for the power plant in relation to neighboring properties and surrounding wetlands. The backup fuel oil is a #2 oil and will be brought in by an underground pipeline. The wastewater will have to be demineralized and they would do that by having a water treatment system or having trailers. They will also have cooling towers. Several questions were asked regarding the availability of natural gas and what the peak levels are. The peak times are in the summer when there is plenty of natural gas available. If they need to use the plant in the winter and natural gas is not available, they would switch to the fuel oil. They feel the supply network is adequate except on the coldest winter days when they would burn fuel oil. They would still rely on coal for three quarters of their electric usage. It would be coal, windpower, and refused dry fuel. They will help to pay for infrastructure improvements for the natural gas. There was also discussion on the environmental assessment process. Representative Dennis Ozment was present and commented that there is more than one power plant looking at locating in Rosemount. The Legislature is telling the different proposers of the plants looking for the personal property tax exemption that they have to get support from their local government. The reason is because the personal property tax is often much more than the real estate tax. He wanted the Commissioners to understand and be certain that they have been presented with the information to the seriousness to the reduction they are talking about with the personal property tax exemption. There is also some suspicion that they are all stating the plants won't be built without this exemption. He felt the proposed plants should each do a presentation outlining the specific numbers involved. The personal property tax is only on their equipment which is usually several times the value of the real estate. Whether or not they are granted the exemption, the customers will end up paying the tax through higher rates. If the plants aren't built because they don't get the exemption, then we wouldn't get the tax anyway. New Business: Traditional Farmsteads Zoning Text Amendment The City Council directed Staff to prepare zoning text amendments surrounding traditional farmsteads. This arose when a resident wanted to improve the barn and outbuildings on their farm currently zoned rural residential. The Planning Commission upheld Staff's interpretation of the ordinance and that was appealed to the City Council. The amendment would create an Planning Commission Meeting Minutes March 25, 2003 Page 6 exception to the strict zoning ordinance standards so that old farmsteads can continue to improve their property and preserve the rural character. Staff feels the focus should be to encourage the preservation of agricultural buildings that were at one time functioning as agricultural buildings. While new materials may lengthen the lifespan of these buildings, some of the original character may be lost. The Planning Commission could consider a site plan review as a way to discuss materials and colors for proposed improvements. The ordinance was created to preserve the rural /agricultural character and not create additional non conforming storage space. The Commissioners wanted some language added to the ordinance so they had a say in color. Mr. Pearson will talk to the City Attorney to see how much authority the Planning Commission will have regarding the color of materials. The Commissioners discussed at length the issue of limiting materials based on color and texture while preserving these old buildings. The Commissioners also felt the applicants should come in with samples. This ordinance will be for existing structures that are in existence today. Mr. Pearson will make some additional changes to the ordinance and bring it back on April 8, 2003. 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 8:33 p.m. Respectfully Submitted, Chantel Nelson Recording Secretary 111 CITY OF RO S E M 0 U N T C1TY HALL 2875 145th Street West Rosemount, MN 55068 -4997 Phone: 651 423 -4411 Hearing Impaired 651 423 -6219 Fax 651 -423 -5203 Planning Commission Regular Meeting Minutes April 8, 2003 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, April 8, 2003. Chairperson Jeff Weisensel called the meeting to order at 6:30 p.m. with Commissioners David Anderson, Myron Napper, and Jason Messner present. Also in attendance were City Planner Rick Pearson and Project Engineer Anthony Aderhold. The meeting was opened with Pledge of Allegiance. Agenda Changes: None. Audience Input: None. MOTION by Anderson to approve the March 25, 2003 Regular Planning Commission Meeting Minutes. Second by Napper. Ayes: Anderson, Napper, Weisensel, Messner. Nays: 0. Motion carried. Chairperson Weisensel confirmed with the recording secretary has placed on file with the City all Affidavits of Mailing and Postings of a Public Hearing Notice and Affidavits of Publication concerning the public hearings on the agenda. Public Hearing: Bloomfield 7 Addition Preliminary Plat This preliminary plat is a follow -up to the concept plan approved on February 20, 2003. There are 22 acres located northeast of the Carriage Homes between Auburn Avenue and the railroad tracks. The concept changed the housing type to 54 townhouse units from 40 single family houses. There is one street connection at Auburn Path which creates a loop exclusive to this neighborhood. There is more open space between the buildings and the railroad tracks and wetlands. As a condition of approval there was an expectation for off street common parking. The plan shows on- street parking for 38 vehicles. This may be acceptable because the street is exclusive to this development and that "nose -in" 90 degree parking is discouraged when they are accessed directly from a public street. Enhanced landscaping was another condition of approval. This plan does meet normal expectations relative to boulevard trees and the definition of the outer edge of the development. With regard to the railroad tracks, Staff is recommending additional materials be added. The tracks are 20 -25 feet higher than the ground floor elevations of the houses so Staff recommends adding larger over -story shade trees to form an edge immediately behind the units. Staff recommends the preliminary plat be revised to incorporate the recommendations from the City Engineer for the City Council review and action. Planning Commission Meeting Minutes April 8, 2003 Page 2 There was discussion about the on- street parking and the size of the street. This is a 32 -foot wide public street. It is reasonable that there should be enough space for parking on one side of the street. There would be concern regarding any parking bans for snow removal, etc. There was also discussion on the placement of the trees on the grading plan. There will be an embankment for Connemara Trail and the railroad tracks are at a higher elevation. Steve Ach, Centex Homes, concurs with the conditions outlined in the Staff report and City Engineer's memo. He clarified that Lots 22 -30, Block 1 will have additional landscaping. They feel the parking plan is comparable to a single family neighborhood since they are building a public street to a public standard. He felt the differentiation was that this is a public street and they are meeting setbacks and other standards similar to a single family neighborhood. He said the other townhome developments have private streets which are typically narrower than a public street. Chairperson Weisensel opened the public hearing. There were no comments. MOTION by Messner to close the public hearing. Second by Anderson. Ayes: Napper, Weisensel, Messner, Anderson. Nays: 0. Motion carried. There was further discussion regarding the off street parking. S MOTION byWeisensel to recommend that the City Council approve the preliminary plat revised to incorporate Engineering Review Comments attached in the Andrew J. Brotzler memo dated March 31, 2003 and also subject to: 1. Compliance with the conditions of Resolution 2003 -16. 2. Doubling the landscape screening with an additional row of trees between the houses and the drainage swales. 3. Provision of 27 common off street parking spaces at Council's discretion. 4. Homeowner's Association documents shall be recorded at Dakota County upon approval of the City Attorney. 5. Conformance with the requirements of Final Plat including execution of a subdivision development agreement. Second by Napper. Ayes: Weisensel, Messner, Anderson, Napper. Nays: 0. Motion carried. This project will go to City Council probably on May 6, 2003. Public Hearing: Traditional Farmsteads Zoning Text Amendment At the last meeting, the Commission directed Staff to revise the exception to materials standards for traditional farmsteads. The revision restricts materials substitutions to new roofs only and not the siding. The City Attorney advised that this exception should be rewritten as a separate paragraph so the materials would not be confused with the aggregate square footage exception. The City Attorney also felt that the Commission could regulate color but Staff thinks it should be tied to historical example. The intent of this ordinance is to preserve rural /agricultural character and not create additional non conforming storage space. Chairperson Weisensel opened the public hearing. Planning Commission Meeting Minutes April 8, 2003 Page 3 Jeff Fadden, 12231 Biscayne Avenue, asked if they were making an ordinance they weren't going to follow. He felt it was very arbitrary and that not a lot of buildings would fall into this. He asked what it applied to. Mr. Pearson stated this applies to the 8 -9 farms west of Akron Avenue that have barns. The zoning ordinance does not allow accessory structures of that size to be rebuilt unless they are brought into conformance. That means the shingles and siding needs to match the house. This is an exception that would allow a traditional barn to be rebuilt and conform to the standards. The distinction is that this is what started out as a farmstead and has now become a rural residential type of use of less than 20 acres. The intent is to allow someone who now has a former farmstead to be able to maintain the appearance of the barn to try to preserve rural character. MOTION by Napper to close the public hearing. Second by Messner. Ayes: Messner, Anderson, Napper, Weisensel. Nays: 0. Motion carried. MOTION by Anderson to recommend that the City Council adopt an amendment to the zoning ordinance establishing an exception to the accessory structure materials standards for traditional farmsteads. Second by Napper. Ayes: Anderson, Napper, Weisensel, Messner. Nays: 0. Motion carried. Public Hearing: Marotzke Agricultural Lot Split This proposed 5 -acre lot split in the rural area east of South Robert Trail on Biscayne Avenue. This 40 -acre parcel is vacant for subdivision and is part of a larger farm. The parcel being created meets lot dimension standards for unplatted divisions and density standards for Agriculture and Rural Residential zoning districts. It will front on Biscayne Avenue and will have to be rezoned to rural residential. The remaining remnant will continue to be zoned Agriculture Preserve until it is out of the program. That program is a state tax reduction program for agricultural land that requires a contract renewed on an eight -year cycle and is administered by Dakota County. The AG preserve status will not be renewed. There was discussion on the AG preserve status and if land can be split off that original parcel. Mr. Pearson stated that the whole parcel is in AG preserve but it is possible to have less than 40 acres in AG preserve as long as the density is preserved. They could not put in 4 -5 houses on this land but they can put up one house to meet the one dwelling unit per 40 acres density in the AG preserve district. Reid Hansen, attorney for applicants, wanted to note that the land is no longer in AG preserves which calls into question the need for a deed restriction. The last time the filing came up they decided not to file for the AG preserve and he assumes they have agricultural zoning. He stated Doris Marotzke typically signed up and immediately terminated so it was running the eight years and this was the end of it a couple of years ago. Their termination of the eight years was ending and they did not sign up again. Chairperson Weisensel opened the public hearing. Jeff Fadden, 12231 Biscayne Avenue, supports this lot split. He also stated he did not care where the house was built on the lot and he supported them developing the remaining land into five -acre parcels. Planning Commission Meeting Minutes April 8, 2003 Page 4 Denise Travers, 12467 Biscayne Avenue, also supports this lot split and rural residential rezoning. She felt it fits very well in the neighborhood. MOTION by Messner to close the public hearing. Second by Anderson. Ayes: Napper, Weisensel, Messner, Anderson. Nays: 0. Motion carried. There was was further discussion on the AG preserve status of this parcel of land. Mr. Pearson stated that this property is zoned AG preserve. The AG preserve is a partnership between the State, County, and City. The City's roll is to rezone land to AG preserve and then regulate minimal development at that density. When the zoning district for AG preserve was created it limited density to one dwelling unit per 40 acres. No petition has been put forward to rezone the property so until that happens AG preserve status still applies in terms of the density, which is the same as agriculture. He felt it would be beneficial to get the County's perspective as to the legal status of the program having been expired and the contract no longer applies at which point the entire property would be entitled to rezoning. MOTION by Messner to recommend that the City Council approve the lot split for the Marotzke property subject to: 1. Incorporation of recommendations relative to drainage utility easements and street easement right -of -way needs as identified by the City's Engineer. 2. Payment of required fees as specified by the current fee schedule including: a. G.I.S. fees. b. Park Dedication fees (one unit). 3. Rezoning the five -acre parcel to Rural Residential. 4. Recording of a deed restriction in a form approved by the City Attorney regarding the remnant prohibiting additional subdivisions or residential use until the parcel is rezoned to Rural Residential. Second by Napper. Ayes: Weisensel, Messner, Anderson, Napper. Nays: 0. Motion carried. Mr. Pearson stated this will go to City Council on May 6, 2003. Public Hearing: Rosemount Business Park Lot Split The City is acquiring land from the Pahl partnership on land south of the developed Rosemount Business Park for a well site and a possible water treatment facility. The site is contiguous with the crescent shaped Outlot B, a remnant of the Business Park on the south side of Boulder Avenue. This Outlot has been expected to be combined with other subdivided parcels, resulting in a number of lots with frontage on Boulder Avenue which will eventually be extended southwest through the well site parcel. The parcels in this Business Park -1 district tend to be five acres or larger and there are no minimum lot frontage requirements other than frontage along a public street. This parcel meets all applicable zoning standards. Chairperson Weisensel opened the public hearing. There were no comments. MOTION by Messner to close the public hearing. Second by Napper. Ayes: Messner, Anderson, Napper, Weisensel. Nays: 0. Motion carried. Planning Commission Meeting Minutes April 8, 2003 Page 5 MOTION by Weisensel to recommend that the City Council approve the lot split for the "proposed parcel of land for the well site." Second by Anderson. Ayes: Anderson, Napper, Weisensel, Messner. Nays: 0. Motion carried. Old Business: None. New Business: Rosemount Village Center Exception to Parking Requirements Chairperson Weisensel adjourned the Planning Commission Meeting was adjourned and the Board of Appeals and Adjustments convened. The developer of the Rosemount Village Center is requesting that the Board of Appeals and Adjustments consider an exception to the total parking required standard based upon the individual uses in his multi -tenant building. The China Buffet restaurant with seating for 75 is a prospective lease holder. Based on the number of seats in the restaurant, there is a shortage of 6 parking spaces. An agreement administered by the owner signifies the acceptance of the arrangement by the various tenants of the complementary parking needs. Another premise for the exception is that the building will recycle uses and may not have restaurant based parking requirements which would result in total compliance with the parking standard. Staff feels the agreement signed by the tenants is the key to self regulating the parking. Turn-over in building tenants rarely goes through a parking needs analysis. The agreement would be subject to approval by the City Attorney and would have to be disclosed to and agreed upon by all tenants. MOTION by Napper to grant an exception to the restaurant parking standard for Lot 5, Block 1, Rosemount Village Center subject to approval by the City Attorney of a parking agreement to be administered by the leaser and signed by all of the current and future tenants. Second by Anderson. Ayes: Napper, Weisensel, Messner, Anderson. Nays: 0. Motion carried. Chairperson Weisensel adjourned the Board of Appeals and Adjustments and reconvened the Planning Commission. Director's Report: Mr. Pearson stated that at the next meeting in two weeks we will meet our new planning commissioner, Terry Zurn. He also informed the Commission that at the next Council meeting on April 17, 2003 they will be conducting a public hearing requested by Mr. Kulhanek who is appealing the variance denial. Chairperson Weisensel stated he will not be at the next meeting due to business. There being no further business to come before this Commission, upon Motion by Weisensel, and upon unanimous decision, the meeting was adjourned at 7:28 p.m. Respectfully Submitted, ClYtitth0 (h/ Chantel Nelson Recording Secretary CITY OF ROSEMOUNT 2875C145th Rosemount, MN 55068 -4997 Phone: 651-423-4411 Hearing Impaired 651 423 -6219 Fax 651-423-5203 Planning Commission Regular Meeting Minutes April 22, 2003 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, April 22, 2003. Vice Chairperson David Anderson called the meeting to order at 6:30 p.m. with Commissioners Myron Napper, Jason Messner, and Terry Zurn present. Chairperson Weisensel was absent. Also in attendance was City Planner Rick Pearson. The meeting was opened with Pledge of Allegiance. Agenda Changes: None. Audience Input: None. 111 MOTION by Messner to approve the April 8, 2003 Regular Planning Commission Meeting Minutes. Second by Napper. Ayes: Napper, Anderson, Messner, Zurn. Nays: 0. Motion carried. Vice Chairperson Anderson confirmed with the recording secretary has placed on file with the City all Affidavits of Mailing and Postings of a Public Hearing Notice and Affidavits of Publication concerning the public hearings on the agenda. Public Hearing: Ames Construction /Otto Ped Mineral Extraction Permit Renewal This is a routine renewal for a mineral extraction permit at the Otto Ped property located 1.5 miles east of US 52, south of CSAH 42. The renewal is for the current phase of operations for 2003. Ames Construction has reported that 74,349 cubic yards were extracted last year. The previous year had less than 5,000 cubic yards extracted. The activity in the pit has been very low and the police have received no complaints. Applicant Pat Mason, Ames Construction stated the mining of the pits depends on the jobs they get. Vice Chairperson Anderson opened the public hearing. There were no comments. MOTION by Anderson to close the public hearing. Second by Messner. Ayes: Anderson, Messner, Zurn, Napper. Nays: 0. Motion carried. MOTION by Anderson to recommend that the City Council renew the mineral extraction permit for the Ped property for 2003 subject to the attached recommended conditions of operation. Second by Zurn. Ayes: Messner, Zurn, Napper, Anderson. Nays: 0. Motion carried. Planning Commission Meeting Minutes April 22, 2003 Page 2 Mr. Pearson stated this will go to City Council on May 20, 2003. Public Hearing: Ames Construction /Furlong Mineral Extraction Permit Renewal This is a routine renewal for 2003 for this property located 1/4 mile south of CSAH 42 /TH 55 on the west side of Fischer Avenue. Tom Furlong will remain the owner /operator. There was no material reported to have been extracted from the pit in 2002. There have been no complaints received by the police. There was discussion regarding the traffic from this pit and Hwy 55. There is still approximately 600,000 cubic yards in the Furlong pit and the anticipated reclaimed date is 2006. A study done last year by Police Chief Gary Kalstabakken determined that most of the traffic is coming from Nininger Township. Since this is a State Highway, the City does not have many options for improving the intersection. Vice Chairperson Anderson opened the public hearing. There were no comments. MOTION by Anderson to close the public hearing. Second by Zurn. Ayes: Zurn, Napper, Anderson, Messner. Nays: 0. Motion carried. MOTION by Anderson to recommend that the City Council approve the mineral extraction permit renewal for Tom Furlong/Ames Construction for the 2003 season subject to the attached recommended conditions of operation. Second by Napper. Ayes: Napper, Anderson, Messner, Zurn. Nays: 0. Motion carried. Mr. Pearson stated this will go to City Council on May 20, 2003. Public Hearing: Bloomfield 7 Addition Rezoning This rezoning is follow -up to the concept approval requirements for Bloomfield 7 Addition. There are 54 townhouse units that are typical of the R -2, Moderate Density Residential zoning district. This zoning is allowed by the Comprehensive Plan. This rezoning recommendation will accompany the preliminary plat that will be forwarded to the City Council. Vice Chairperson Anderson opened the public hearing. There were no comments. MOTION by Anderson to close the public hearing. Second by Messner. Ayes: Anderson, Messner, Zurn, Napper. Nays: 0. Motion carried. MOTION by Napper to recommend that the City Council rezone the Bloomfield 7 Addition property from R -1, Low Density Residential to R -2, Moderate Density Residential. Second by Anderson. Ayes: Messner, Zurn, Napper, Anderson. Nays: 0. Motion carried. Old Business: None. New Business: None. Director's Report: Mr. Pearson announced that the City has hired an Assistant Planner. His name is Jason Lindahl and he will be at the May 13, 2003 meeting. Planning Commission Meeting Minutes April 22, 2003 Page 3 Vice Chairperson Anderson welcomed new Planning Commissioner Terry Zurn. There being no further business to come before this Commission, upon Motion by Weisensel, and upon unanimous decision, the meeting was adjourned at 6:50 p.m. Respectfully Submitted, Chantel Nelson Recording Secretary CITY OF RO S E M O U N T 2875 C145 Street West Rosemount, MN 55068 -4997 Phone: 651-423-4411 Hearing Impaired 651 423 -6219 Fax 651-423-5203 Planning Commission Regular Meeting Minutes May 27, 2003 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, May 27, 2003. Chairperson Jeff Weisensel called the meeting to order at 6:30 p.m. with Commissioners David Anderson, Myron Napper, Jason Messner, and Terry Zurn present. Also in attendance were City Planner Rick Pearson and Assistant Planner Jason Lindahl. The meeting was opened with Pledge of Allegiance. Agenda Changes: None. Audience Input: None. MOTION by Messner to approve the April 22, 2003 Regular Planning Commission Meeting Minutes. Second by Napper. Ayes: Anderson, Napper, Weisensel, Messner, Zurn. Nays: 0. Motion carried. Vice-Chan:person Anderson confirmed with the recording secretary has placed on file with the City all Affidavits of Mailing and Postings of a Public Hearing Notice and Affidavits of Publication concerning the public hearings on the agenda. Public Hearing: Zoning Ordinance Housekeeping Items Upon review of the Zoning Ordinance, Staff feels the placement and storage of recreational equipment, placement of satellite dishes, and policies regarding driveways seem to be outdated. Accordingly, Staff is recommending updating the ordinance these items. Currently the placement of any recreational equipment in the front yard is prohibited. Staff felt it was reasonable to allow the use of basketball backstops, ramps, and similar portable recreational equipment in the front yard and driveway areas of residential property. Larger recreational equipment such as swimming pools, sport courts, and trampolines would still be limited to the rear yards. Satellite dish antennas are prohibited from being placed in the front yard. This does include the common small Dish Network type antennas. Staff thought the intent of this ordinance was to regulate the placement of the older, much larger dish antennas first introduced. The FCC established Rule 47 CFR that preempts local zoning ordinance controls on antennas one meter (39.7 or less other than for a "real" interest of safety. Planning Commission Meeting Minutes May 27, 2003 Page 2 The Zoning Ordinance does not specify a minimum or maximum width for residential or commercial driveways or setbacks related to corner lots. There are requirements currently in the City policy. Staff recommends adding language to establish these standards as requirements in the ordinance. Finally, Staff is recommending that decks be taken out of the impervious surface calculations by taking it out of the impervious surface definition. This is based on the fact that landscape fabric and other techniques are provided to allow water to percolate under the deck. They would still have to meet the other standards including setbacks. Chairperson Weisensel opened the public hearing. There were no comments. MOTION by Anderson to close the public hearing. Second by Zurn. Ayes: Napper, Weisensel, Messner, Zurn, Anderson. Nays: 0. Motion carried. MOTION by Weisensel to amend Sections 7.2.0 and 3.2 of the Zoning Ordinance adopting the language changes proposed. Second by Zurn. Ayes: Weisensel, Messner, Zurn, Anderson, Napper. Nays: 0. Motion carried. Public Hearing: Dance Connection Site Plan Review This site plan approval would allow the construction of a commercial building approximately 8,200 square feet in size. This site is on the west side of Carrousel Way south of 151 Street and contains about 1.03 acres. The building will offer both dance and karate instruction in the evening hours. They have provided more parking than the standard requires. The only main building issue is the installation of a 6" water service and a fire hydrant on site. The site meets or exceeds standards for the commercial zoning district. Michael Whelan, EFH Co., feels the building will compliment other buildings in the area. The building will be brick with a 2 -3 foot stucco band at the top. There will be accent brick at the top of the windows. The material is stucco with an efface color code. The base of the building will be cement. The entrance to the building will be on the south side. Melissa Grannis, Owner, stated the building could have 80 people in the building at one time as dance and karate lessons are being held. Chairperson Weisensel opened the public hearing. There were no comments. MOTION by Weisensel to close the public hearing. Second by Napper. Ayes: Messner, Zurn, Anderson, Napper, Weisensel. Nays: 0. Motion carried. MOTION by Messner to approve the site plan for the Dance Connection subject to the following conditions: 1. The building will be required to meet all conditions for trash storage required by the Building Official and Fire Marshal. 2. Submission of a comprehensive sign plan detailing the materials, size and location of all signs prior to issuance of a sign permit. Planning Commission Meeting Minutes May 27, 2003 Page 3 3. Installation of a sprinkler system and one fire hydrant in a location determined by the Fire Marshal. 4. Incorporation of the recommendations of the City Engineer specified in the attached memo dated May 2, 2003. 5. Submission of a traffic control plan to indicate how traffic will be addressed during the installation of the water service prior to issuance of a building permit. 6. Payment of all applicable fees as specified in the current fee schedule. 7. Compliance with all applicable building and fire codes. Second by Anderson. Ayes: Zurn, Anderson, Napper, Weisensel, Messner. Nays: 0. Motion carried. Mr. Pearson stated this approval does not need to go to the City Council unless appealed by an aggrieved property owner. Therefore, the applicant can apply for a building permit. Public Hearing: Abbott Property /Tollefson Development Concept Plan This 22 single family lots concept is intended to blend in with the residential pattern in Biscayne Pointe 5 Addition between Connemara Trail and 135 Street. The land use is consistent with the Comprehensive Plan and R -1, Low Density Residential zoning. The overall density is about 2.2 dwelling units per acre. This project is expected to be constructed in 2004. Three street connections are proposed to the outer edge of the development. A north -south street will connect the north side with County Road 38 and through Biscayne Pointe 5 Addition to the new Connemara Trail on the south side. There will be a street to the west that will connect with the neighboring property for future development. The property on the east side is not connected. A single cul -de -sac will be extended north from 136 Street with possible extensions to an extended Bacardi Avenue. There is a pipeline running on the northern edge of this property that will create extra depth for those lots. The side yard lot lines of Lots 3 and 6, Block 2 are not radial to the cul -de -sac. Park dedication will be in the form of cash. There will be a required trail for the south side of 135 Street as well as recommended sidewalks for the east side of Birchwood Avenue and the south side of Basswood Street. Applicant Casey Wollschlager was present to answer questions. Chairperson Weisensel opened the public hearing. Jerry Anderson, 2295 Bonaire Path, stated he lived across the street and wondered about upgrades to County Road 38. Mr. Pearson stated there was no timing for the upgrade and it was not in the County CIP. The City is expecting the developer to have connections to the developing urban street system for paved access. Once Connemara Trail is built the City hopes people will use that road. The City is asking the developer to escrow their share of the southern half of County Road 38 for future upgrades which will increase the funds available. Future access points to County Road 38 and Connemara Trail are anticipated as the area develops. MOTION by Weisensel to close the public hearing. Second by Napper. Ayes: Anderson, Napper, Weisensel, Messner, Zurn. Nays: 0. Motion carried. Planning Commission Meeting Minutes May 27, 2003 Page 4 Sewer and water services will come up through Biscayne Pointe 5 Addition which is why this project will be in 2004. MOTION by Anderson to recommend that the City Council approve the concept for the Abbott Property subject to: 1. Incorporation of recommendations of the City Engineer relative to drainage, easements, grading, streets and utilities as specified (but not limited to) in the attached memo dated May 2, 2003. 2. Conformance with the requirements for Preliminary and Final Plat including execution of a Subdivision Development Agreement and approval by the Dakota County Plat Commission. 3. Elimination of identified lot dimension deficiencies for Lots 3, 6, 8 and 9, Block 2. 4. Provision of a temporary cul -de -sac at the western terminus of Basswood Street if required by the Fire Marshal. 5. Provision of a bituminous bike trail on the south side of 135 Street West and sidewalks on the east side of Birchwood Avenue and the south side of Basswood Street. 6. Final Plat approval will depend on completion of Birchwood Avenue to the south, and Connemara Trail as the primary access for the development. Second by Napper. Ayes: Napper, Weisensel, Messner, Zurn, Anderson. Nays: 0. Motion carried. Mr. Pearson stated this should be on the next Council agenda for June 3, 2003. Public Hearing: Uitdenbogerd Property /Basic Builders Preliminary Plat This preliminary plat is consistent with the approved concept to subdivide the 1.66 acres into four single family lots. The site is located on the south side of Dodd Boulevard between Covington and Cimarron Avenues. The lots meet the standards for the zoning district except for the street frontage and lot width for Lot 1. These lots are consistent in size and dimension with the neighboring properties. There will be two shared driveways on Dodd Boulevard. Staff has asked the developer to revise the plan to minimize the impact of the development and to make it more compatible with the surrounding neighborhood. Therefore, the applicant has asked that this be continued until the June 10, 2003 Planning Commission meeting. Chairperson Weisensel opened the public hearing. Shawn Nichol, 14714 Colorado, lives just south of this property. They are concerned about the housing development due to the juvenile traffic cutting through their property and the drainage. They get water build -up in their yard and get run -off from the neighbors behind them and from this property. He feels it will get worse with these four houses and additional landscaping. Kevin Grass, 14673 Cimarron Avenue, lives to the east of this property. He is concerned about the developer cutting down all the trees as well as the drainage. He stated there was a thick hedge along the east property line and he is concerned about them being cut down. He was unsure on the exact location of the shrubs in relation to property lines. He wanted them to scrap this whole plan and try a different design that would work better with the neighborhood. Planning Commission Meeting Minutes May 27, 2003 Page 5 Karan Danay, 14655 Cimarron, is also alarmed about the shrubs. They provide a barrier/buffer for them and have been there for many years. She is opposed to this project and does not like the houses being stacked up. She also does not like the proposed brick retaining wall. Bea Samas, 14709 Cimarron, is concerned about the density and the house on the flag lot. Since safety is a big issue, can the fire trucks get back to this house? No one will see the house from Dodd Boulevard. This house faces all backyards and if everyone puts up privacy fences it will be a stockade. If privacy fences are not put up, there will be more traffic with kids cutting through to Cimarron and Dodd Boulevard. She is also concerned about the drainage because right now in the spring her backyard is always under water and her neighbor's shed is always under water. She is wondering if there will be more water and if it will be become more of an issue. The Fire Marshal has concerns about the long driveway and wants to make sure the construction of the driveway will bear the weight of a fire truck. There will also be a fire hydrant installed nearby. The lot widths are measured across the front at a line parallel with Dodd, which is at an angle. The lots do meet the standards and the lot areas are larger than the standard. This development will have to manage its stormwater. The Engineering department will make sure a grading plan makes the stormwater runoff not increase with the amount of paved surface. Emily Rekstad, 14687 Cimarron, is concerned about the catch basins and ponds because in the spring her backyard becomes a pond and it stays wet for a long period of time. She felt a retaining wall would add to the drainage problem. She is also concerned about the shrubs on the east side of the property. She stated there are a lot of juvenile cut throughs and she feels this would increase with this proposed development. She feels the house on the flag lot is out of place with all the other houses in the neighborhood. She also has concerns about the density and feels it would be crowded to have four lots on that one parcel. Mr. Pearson stated this development does meet with density standards and is even lower than the houses in the neighborhood. Bill Huebner, 3795 147 Street, stated his property is on the west side and runs parallel with the long driveway. He also has concerns about the long driveway and feels it would increase the cut throughs. He states there is a drainage problem every spring and feels this development would only make that problem worse. He thinks it would be too crowded to put four houses on that property. Shawn Nichol, 14714 Colorado, wondered how far back the house on the flag lot will sit from his property line. He is concerned about losing landscape. Mr. Pearson stated the house would be about 12 feet away from his property line or about 22 feet from his house. Kevin Grass, 14673 Cimarron, asked if this plan could be totally scrapped and if the developer could bring in a new plan. Chairperson Weisensel stated that was up to the developer to address the concerns Planning Commission Meeting Minutes May 27, 2003 Page 6 MOTION by Weisensel to continue the public hearing until June 10, 2003. Second by Zurn. Ayes: Weisensel, Messner, Zurn, Anderson, Napper. Nays: 0. Motion carried. Public Hearing: Evermoor Glendalough Final Plat Revisions This is a replat requested by Lundgren Bros. to take the a lot platted for single family and replat it so it is combined with the adjacent lot that was set aside for the private neighborhood park and pool. The result would be a larger park to accommodate the pool. The City will acquire a trail easement across the property for the trail that will be connected to the City trail system. The remnant Outlot A will be future lots and open space for parks, trails and stormwater ponding. Chairperson Weisensel opened the public hearing. There were no comments. MOTION by Weisensel to close the public hearing. Second by Anderson. Ayes: Messner, Zurn, Anderson, Napper, Weisensel. Nays: 0. Motion carried. There was discussion on Outlot B and location of public parks. This park will be private except of the public trail that is part of the City trail system. MOTION by Messner to recommend that the City Council approve the Evermoor Glendalough 3 Addition Plat subject to: 1. Provision and recording an easement for the trail in a form acceptable to the City Attorney and the Parks Recreation Director. 2. Recording of Homeowners Association documents as needed to perpetually maintain the private park amenities. 3. Incorporation of engineering comments relative to drainage, grading, erosion control, and utilities. 4. Execution of a subdivision development agreement to secure public infrastructure (if needed). 5. Conformance with all applicable building and fire codes. Second by Zurn. Ayes: Zurn, Anderson, Weisensel, Messner. Nays: Napper. Motion carried. Mr. Pearson stated this may go on the next council agenda for June 10, 2003. Old Business: Farmsteads Zoning Text Amendment At the City Council meeting on April 17, 2003, Staff requested that the Council table action regarding the zoning text amendment that had been reviewed and recommended by the Planning Commission. New questions had been asked and Staff felt the language needed to be expanded. Staff has contacted the Minnesota Historical Society for help in defining traditional barns that predates the typical pole barn. Staff is looking into designating specific barns that would qualify for the exemption to the rural residential accessory standards. That list would be included in the exemption language. This situation has been endorsed by the City Attorney because it reduces the potential for interpretation. The ordinance will still be specific in terms of the materials and possibly colors that would be acceptable. Planning Commission Meeting Minutes May 27, 2003 Page 7 1111 Another option is to create a historical barn commission that would review applications to grant exemption status based upon special criteria. The criteria for what makes the barn a historical structure would have to be defined. This would be more of a local character preservation effort. Staff will not be setting up another public hearing as the ordinance is not getting more restrictive. The exemption being created will be more permissive in specific applications. There was discussion on approved materials and metal roofs. The barns will be excluded from the 1200 square feet accessory structure limitation due to their own uniqueness. Gary and Wendy Raak, 13429 South Robert Trail, stated that the roof they want to put on their barn more resembles stand -up seam than corrugated. He stated that his place is used as agriculture as he raises horses and stores hay, shavings and straw in the top of that barn. Mr. Pearson responded that the zoning of the property is rural residential and the zoning ordinance makes a distinction between rural residential and agriculture uses. The ordinance states if it is west of Akron Avenue and less than 20 acres it is not an agricultural use. Mr. Raak asked if the siding issue could also be addressed at the same time as the roof. Mr. Pearson stated the metal siding was not going to be included in the exception. The siding would have to be wood. The siding is the same as the roof the way the current ordinance is written. Mrs. Raak asked if they are limited to only improving the barn or if they could improve the other outbuildings. Chairperson Weisensel stated the barn stood as a separate structure. For the separate outbuildings they would be limited to the 1200 square feet based on the current ordinance. New Business: None. Director's Report: Mr. Pearson stated the City Council directed Staff to prepare Findings of Fact to uphold the Board of Appeals and Adjustments denial of the Mike Kulhanek variance petition. There being no further business to come before this Commission, upon Motion by Weisensel, and upon unanimous decision, the meeting was adjourned at 8:13 p.m. Respectfully Submitted, Chantel Nelson Recording Secretary y a r,, CITY OF ROSEM0UNT 28 145 thS St t ree tWest Rosemount, MN 55068 -4997 Phone: 651-423-4411 Hearing Impaired 651 423 -6219 Fax: 651 423 -5203 Planning Commission Regular Meeting Minutes June 10, 2003 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, June 10, 2003. Chairperson Jeff Weisensel called the meeting to order at 6:30 p.m. with Commissioners Myron Napper, Jason Messner, and Terry Zurn present. Commissioner David Anderson was absent. Also in attendance were City Planner Rick Pearson, Parks and Recreation Director Dan Schultz, and Assistant Planner Jason Lindahl. The meeting was opened with Pledge of Allegiance. Agenda Changes: None. Audience Input: None. MOTION by Napper to approve the May 27, 2003 Regular Planning Commission Meeting Minutes. Second by Messner. Ayes: Napper, Weisensel, Messner, Zurn. Nays: 0. Motion carried. Chairperson Weisensel confirmed with the recording secretary has placed on file with the City all Affidavits of Mailing and Postings of a Public Hearing Notice and Affidavits of Publication concerning the public hearings on the agenda. Public Hearing: Uitdenbogerd Property /Basic Builders Preliminary Plat This public hearing is being continued from May 27, 2003. This preliminary plat consists of four single family lots on 1.66 acres. The applicant had requested this be continued until the June 10, 2003 meeting so they could revise their plans based on Staff comments and public concern. On June 2, 2003 the applicant requested a further continuance until the June 24, 2003 meeting. Staff is recommending continuing the public hearing. Chairperson Weisensel reopened the public hearing. There were no comments. MOTION byWeisensel to continue the public hearing until June 24, 2003. Second by Zurn. Ayes: Weisensel, Messner, Zurn, Napper. Nays: 0. Motion carried. Public Hearing: Amendment to the Subdivision Ordinance The Parks Recreation Committee is recommending that City Council increase the park dedication rates for Commercial and Industrial development. During the Subdivision process, Planning Commission Meeting Minutes June 10, 2003 Page 2 III the City acquires Park Dedication in the form of land or cash. When the Parks Master Plan was being updated, a study was done to survey what other cities were doing so that Rosemount could stay in line with them. The increase will go from 5 percent to 10 percent. Based on the rapid growth and an increased need for recreational facilities, the Park Recreation Committee felt the City was not collecting enough from the commercial and industrial subdivisions to fully develop the City's park system. Additional text is also being added that will apply to all other non residential subdivision such as the Business Park and Public Institutional districts. There was discussion on this other category and how other cities handle those other subdivisions. Each subdivision is looked at on an individual basis. Chairperson Weisensel opened the public hearing. There were no comments. MOTION by Weisensel to close the public hearing. Second by Napper. Ayes: Messner, Zurn, Napper, Weisensel. Nays: 0. Motion carried. MOTION by Zurn to recommend that the City Council adopt an ordinance amending the Rosemount Subdivision Ordinance for Park Dedication. Second by Messner. Ayes: Zurn, Napper, Weisensel, Messner. Nays: 0. Motion carried. III Mr. Pearson stated will most likely be on the June 17, 2003 City Council agenda. Public Hearing: Hart Property /Manley Development Concept Plan This concept is for a 21 -acre parcel of land dominated by pond/wetlands on 120 Street. Based on that, the developer is requesting variances to the rural residential density requirements of one dwelling unit per five acres. The developer is proposing four single family lots. There is only one access point for all four lots so they would convert the original driveway into a public street. A private drive could be accepted in lieu of a public street. Both options result in pond/weltand filling. The southern two lots would be landlocked since there is no street frontage. A variance for all four lots would be needed for the shared driveway. The houses are much closer to this shared driveway than the standard of 45 feet in the rural residential district. This is a cluster development. The ponds are classified as preserve wetlands and have 75 -foot buffer zones. Some of the buffer zones overlap and the places that would be impacted by drain fields or the shared driveway will be mitigated in other areas. The Commission was give the pros and cons of this project. The total acreage is based on gross acreage. These lots will be served by drain fields and wells. Sal Mondelli, Manley Land Development, stated this is the first time they are looking at property in Rosemount. They understand the challenges of this property and the pristine nature of the preserved wetlands. They feel they can meet or exceed the standard requirements. They are trying to take advantage of the land. The areas of the homesites are at least 10 feet above the high water mark as designated by the DNR. They feel they would preserve and enhance the area. They are working with the Engineering Department regarding their comments in the Planning Commission Meeting Minutes June 10, 2003 Page 3 May 5, 2003 memo. They haven't done their runoff calculations but the ground is high and it will go through the buffer zone first. The drain fields are between the homes and the wetland buffer. They are willing to put monuments in the buffer zone. There was discussion regarding accessory structures and possible covenants that could be put in place. Chairperson Weisensel opened the public hearing. John Forrest, Dakota County Parks, is concerned about the potential impact of increased stormwater runoff into the watershed area that contributes to the park on the north side of 120 Street. Susan Stein, 3820 120 Street, asked about the preservation of the wetlands. She is concerned about the stormwater runoff. The area is densely wooded and if the trees were cut down there would be more stormwater runoff into the ponds. She wondered how the wetland mitigation area would remain untouched by future residents. She also stated that the property is not high ground. Only Lot 3 is the highest ground. Mr. Pearson stated the buffer areas relate to the highest classification of wetlands. The buffer zone is meant to be left in a natural state. The wetland recourses engineer enforces the wetlands. Placards along the edges of the buffer let residents know what can be done. MOTION by Weisensel to close the public hearing. Second by Messner. Ayes: Napper, Weisensel, Messner, Zurn. Nays: 0. Motion carried. There was further discussion on the stormwater runoff concerns. There was also discussion on the shared driveway and if there were alternatives to get access from the south. MOTION by Napper to recommend that the City Council table this project to another meeting date. Due to lack of second, this motion dies. MOTION by Messner to recommend that the City Council approve the Hart/Manley Concept Planned Unit Development subject to: 1. Adopting Findings in support of Planned Unit Development 2. Incorporating the recommendations provided in the attached Engineering memo dated June 4, 2003. 3. Provision of Fire Code consistent access relative to the shared driveway. 4. Conformance with the requirements for (Final) Planned Unit Development/Preliminary Plat. 5. Rezoning the property to RR, Rural Residential in conformance with the Comprehensive Plan. Planning Commission Meeting Minutes June 10, 2003 Page 4 Due to lack of second, this motion dies. MOTION by Zurn to recommend that the city Council deny the Hart/Manley Concept Planned Unit Development subject to adopting Findings for denying Planned Unit Development. Second by Napper. Ayes: Zurn, Napper, Weisensel. Nays: Messner. Motion carried. Mr. Pearson stated that this will go to the City Council on July 1, 2003, with the recommendation of denial. The City Council does have the ability to deny the project, approve it, or table it. Public Hearing: Sports Dome Zoning Text Amendment Irish Dome is proposing to construct an inflatable dome on leased school property. The facility would be available for school use in the mornings and afternoons during the school year. The dome would be available to fee paying customers during the evenings and weekends. The least would be for 20 years and will be donated to the high school after that time. Currently commercial uses are not permitted in the Public Institutional districts. Staff has created language that defines what circumstances will permit the commercial use without opening up all the public land for commercial uses. Language was also added that the dome needs to be 500 feet from any residential districts. If the zoning text amendment is approved, the dome will go through the conditional use permit and building permit process. That will address site development and code compliance issues. Jody Otto, Irish Dome, LLC, stated they have been speaking with the school district for some time now. They are attempting to create an environment of the existing fields that can be used year- round. This would take 60 days to be put up once they break ground. Chairperson Weisensel opened the public hearing. Mike Manning, 14287 Belle Court, stated they think this would be a good addition for the City and High School. They feel by having it on campus would benefit the various athletic programs. It is a benefit for the school district because it does not require tax dollars to be put up. There was further discussion on the parking issues. MOTION by Weisensel to close the public hearing. Second by Napper. Ayes: Napper, Weisensel, Messner, Zurn. Nays: 0. Motion carried. The nearest residential development is Bards Crossing which is in excess of 500 feet which is why that number was picked. There was discussion on the various commercial uses of this dome. MOTION by Messner to recommend that the City Council amend the zoning ordinance to permit Commercial Recreation in the Public Institutional District with the Conditional Use Permit procedure. Second by Zurn. Ayes: Weisensel, Messner, Zurn, Napper. Nays: 0. Motion carried. Planning Commission Meeting Minutes June 10, 2003 Page 5 Mr. Pearson stated this will go to the City Council on June 17, 2003. Old Business: Farmsteads Zoning Text Amendment Staff has further modified the language for the traditional barn exception to the zoning ordinance. The exception is for original wooden structures that were in existence at the time of adoption of this language and originally constructed for agricultural use. These few buildings would be exempt from using comparable building materials and area standards; however, the improvements need to replicate the original appearance or agricultural character. The Commission received a listing and pictures of 13 separate barns that could be included in this exception. Based on that list, the Commission concluded that pictures 4, 5, 6, and 11 were not traditional barns and would not be included in the exception. The Commission did think that the pictures and detailed listing for each barn included should be added into the ordinance. There was discussion on approved materials and colors, the alignment of the roof and siding, and the terminology to be used in the exception. Approved materials for siding are wood, metal, vinyl, and brick. Materials for the roof include metal and asphalt shingles. Colors that can be used are barn red and barn white. Structures attached to the barns are to be considered part of the barn. Staff will present refined language at the next meeting on June 24, 2003. II/ 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 8:22 p.m. Respectfully Submitted, Chantel Nelson Recording Secretary <fe ei e CITY OF ROSEMOU NT 2875 411 t Rosemount, MN 55068 -4997 q ens. Phone: 651 -423 -4411 Hearing Impaired 651 -423 -6219 Fax 651-423-5203 Planning Commission Regular Meeting Minutes June 24, 2003 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, June 24, 2003. Chairperson Jeff Weisensel called the meeting to order at 6:30 p.m. with Commissioners David Anderson, Myron Napper, Jason Messner, and Terry Zurn present. Also in attendance were City Planner Rick Pearson, Project Engineer Anthony Aderhold, and Assistant Planner Jason Lindahl. The meeting was opened with Pledge of Allegiance. Agenda Changes: None. Audience Input: None. MOTION by Zurn to approve the June 10, 2003 Regular Planning Commission Meeting Minutes. Second by Napper. Ayes: Anderson, Napper, Weisensel, Messner, Zurn. Nays: 0. Motion carried. Chairperson Weisensel confirmed with the recording secretary has placed on file with the City all Affidavits of Mailing and Postings of a Public Hearing Notice and Affidavits of Publication concerning the public hearings on the agenda. Public Hearing: Uitdenbogerd Property /Basic Builders Preliminary Plat This public hearing is being continued from June 10, 2003. The applicant has requested an indefinite delay to revise their plans due to the fire at the office of the surveyor. When revised plans are received, a new public hearing will be scheduled and noticed. MOTION by Weisensel to adjourn the public hearing to be reconvened at the request of the applicant following submission of all required plan information and giving full public notice as required by ordinance. Second by Anderson. Ayes: Napper, Weisensel, Messner, Zurn, Anderson. Nays: 0. Motion carried. Public Hearing: Minea Property /Centex Homes Preliminary Plat Staff has had several discussions with the applicant and as a result, the applicant has requested the public hearing be continued until July 8, 2003 so that they can make revisions accordingly. Chairperson Weisensel opened the public hearing. There were no comments. Planning Commission Meeting Minutes June 24, 2003 Page 2 MOTION by Weisensel to continue the public hearing until July 8, 2003. Second by Zurn. Ayes: Weisensel, Messner, Zurn, Anderson, Napper. Nays: 0. Motion carried. Old Business: Farmsteads Zoning Text Amendment Staff has further revised the ordinance language to designate the seven properties eligible for the exception as defined at the last meeting. Under the direction of the Commission, Staff also revised the language to include more detail on the exterior building materials allowed on these seven properties. The revised language also defines barns and pole buildings. There was further discussion on approved materials and the orientation of those materials. MOTION by Messner to recommend that the City Council approve the zoning text amendment for traditional farmsteads. Second by Zurn. Ayes: Messner, Zurn, Anderson, Weisensel. Nays: Napper. Motion carried. New Business: Bloomfield 7 (Vineyards) Addition Final Plat This is the last phase of the planning review and will create the lots for the 3 -unit townhomes. The plat is consistent with the preliminary plat and meets the conditions of approval. A development agreement will be needed to secure the public infrastructure and development requirements. MOTION by Messner to recommend that the City Council approve the Final Plat for Bloomfield 7 Addition subject to: 1. Execution of a subdivision development agreement to secure public infrastructure and improvements to serve the development. 2. Incorporation of recommendations of the City Engineer relative to drainage, easements, grading, public streets and utilities. 3. Revision of the preliminary plat landscaping plan per the resolution approving the preliminary plat. 4. The public street will be called Autumnwood Way along Lots 1 -30, Block 1; and Autumnwood Trail from Lot 31, Block 1 out to Auburn Avenue. 5. Payment of all platting, G.I.S., Park Dedication, applicable to City Review and trunk/area fees as specified in the current Fee schedule. Second by Napper. Ayes: Zurn, Anderson, Napper, Weisensel, Messner. Nays: 0. Motion carried. New Business: Minea Property Draft EAW The purpose of this draft EAW is to identify potential environmental impacts associated with the project and to determine if an Environmental Impact Statement is necessary. The EAW is mandatory due to the size of the development and is required to be completed prior to the City issuing any approvals for the project. The development is 155 acres and there are about 392 total units. The EAW has identified potential environmental impacts and mitigation measures for those impacts. The impacts can usually be reduced by reducing density. The main impacts are significant storm water ponding needs to be provided and possibly traffic with potential for a Planning Commission Meeting Minutes June 24, 2003 Page 3 future light signal at the intersection of Connemara Trail and Hwy 3. Once authorized by the City Council, the EAW will be distributed for a 30 -day public comment period. At the end of that time, responses to the comments will be created and a recommendation as to the need for an Environmental Impact Statement will be made to the City Council for consideration. New Business: Minimum Building Size in Industrial District In reviewing recent developments in the General Industrial District, Staff has raised the question of creating a minimum building requirement. Some of the projects underutilized with small buildings and large parking lots. Other projects could have large proportions of outdoor storage. Development in the Business Park has a much larger proportion of building to site ratio. Staff feels the sites are not being utilized efficiently when the City is extending infrastructure. There are incentives to the City to qualify the site needs. Large parking lots generate more storm water runoff and do not contribute much to the valuation of the property. When working with prospective developers, Staff assumes that up to 25 percent of a site could be covered by buildings. That would be the maximum build -out scenario. The minimum building size would have to accommodate future expansions. This would be effective from the date of adoption for new developments. If the Commission concurs with this amendment, a public hearing will be set for July 8, 2003. There was discussion on the increased storm water runoff. The City tax base is based on the building but the City does collect fees for storm water when development occurs. Director's Report: Mr. Pearson stated that Sal Mondelli from Manley Development has withdrawn his concept application and will be revising the plans to resubmit to the City. There being no further business to come before this Commission, upon Motion by Weisensel, and upon unanimous decision, the meeting was adjourned at 7:09 p.m. Respectfully Submitted, Chantel Nelson Recording Secretary `y CITY OF RO S E M O U N T 2875 C 1 45 t h Street West 0 s o Rosemount, MN 55068-4997 Phone: 651 -423 -4411 Hearing Impaired 651 -423 -6219 Fax: 651-423-5203 Planning Commission Regular Meeting Minutes July 8, 2003 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, July 8, 2003. Chairperson Jeff Weisensel called the meeting to order at 6:31 p.m. with Commissioners David Anderson, Myron Napper, Jason Messner, and Terry Zurn present. Also in attendance were City Planner Rick Pearson, Project Engineer Anthony Aderhold, and Assistant Planner Jason Lindahl. The meeting was opened with Pledge of Allegiance. Agenda Changes: None. Audience Input: None. MOTION by Messner to approve the June 24, 2003 Regular Planning Commission Meeting Minutes. Second by Anderson. Ayes: Anderson, Napper, Weisensel, Messner, Zurn. Nays: 0. Motion carried. Chairperson Weisensel confirmed with the recording secretary has placed on file with the City all Affidavits of Mailing and Postings of a Public Hearing Notice and Affidavits of Publication concerning the public hearings on the agenda. Chairperson Weisensel motioned to adjourn the Planning Commission meeting due to technical difficulties and upon unanimous decision the meeting was adjourned at 6.36 p.m. Chairperson Weisensel reconvened the Planning Commission at 6.46 p.m. Public Hearing: Minea Property /Centex Homes Preliminary Plat This preliminary plat application by Centex Homes is for the 155 acre Minea property located south of 135 Street and east of Bacardi Avenue. The plans show the overall design of the development and required details. The development will have three phases that will run west to east along Connemara Trail. The development will have 159 single family homes, 232 townhomes, a city park, a DNR regulated wetland, storm water ponding, and open green space. The new Connemara Trail would curve through the property crossing the railroad at a grade separated intersection. The overall density of the development will be approximately 2.6 dwelling units per acre. City Planner Pearson summarized the 10 land use issues and described how the developer has responded to the conditions of concept approval Planning Commission Meeting Minutes July 8, 2003 Page 2 The constraints of the property were discussed at the during the concept review process. While the plan attempts to turn the liabilities into assets, the Developer could do more to conform with the requirements of concept approval. Staff presented the Commission with two options: 1) recommend approval to the City Council with 8 conditions, and the applicant's willingness to comply with the conditions of approval; and 2) recommend the City Council deny the preliminary plat due to inconsistencies with the approved concept. There was discussion on the lot sizes and Mr. Pearson stated that at the 30 -foot front yard setback line the lots have to be at least 70 feet wide. There will be no impacts to the wetland buffer due to the grading of the lots. There was further discussion on the impact to the houses backing up to the wetland buffer zone. Ed Hasek, Westwood Professional Services, stated they have worked with Staff on the various issues and are willing to work with them on the remaining issues. They feel they have used the land appropriately and are very proud of it based on the several constraints. Mr. Hasek explained the water drainage and stated that the homes backing up to the wetlands will not flood. They attempted to make the necessary connections and provide as many amenities they feel are possible on the site. They connected Connemara Trail, provided a collector street that will provide access to the park and the project to the east, they have provided access to Bacardi Avenue, they created trails and sidewalks, there is about 23 acres that can be used for park land and/or open space, and they have pulled the houses away from the CR 38 wetland to preserve the trees. There is a walking path, parking lot, gazebo, and an overlook to pond on the city park. The City Park could have trails going to the pond and extending out to the island with a pier. There is 11.1 acres open space for the carriage homes and 7.1 additional acres adjacent to the park. They have mixed the 70- and 80 -foot lots within the development. This will give them a varied mix of single family housing types within this project. There are 102 70 -foot lots and 57 are 80 -foot lots. They have spoken to the gas line company who stated the driveway and street should be okay over the pipeline easement. For parking they counted 50 -60 percent of street spaces to meet the standard of 116 total spaces. They have provided the 75 -foot buffer zone and 150 -foot setback to buildings and they can enhance the landscaping. Mr. Hasek summarized the eight remaining issues and they have agreed to work with Staff to correct them. Steve Ach, Centex Homes, stated there will be an easement with the adjacent property owner regarding the connection of Street A to CR 38. He also stated that if Bacardi Avenue goes away the access to the park and fire station would come off Connemara Trail and come north to serve both these properties. There would be plenty of opportunity to provide parking. There was a discussion on if the private streets were looped and how that would affect the overall parking. The smaller open spaces are often thought of as being an amenity to the adjacent property owners. Mr. Hasek stated that the association could put in a tot lot or provide other amenities based on their residents' needs. The types of single family housing will be similar to the homes in Bloomfield. Most of the footprints fit on the 70 foot lots and meet the standard setbacks. The 80 foot lots will be for bigger floor plans and can accommodate more of a variety of homes. Planning Commission Meeting Minutes July 8, 2003 Page 3 Chairperson Weisensel opened the public hearing. There were no comments. MOTION by Weisensel to close the public hearing. Second by Napper. Ayes: Napper, Weisensel, Messner, Zurn, Anderson. Nays: 0. Motion carried. Commissioner Anderson felt that the Developer has ignored the Planning Commission and City Council direction for the increased need for common parking in the higher density area. He wanted to emphasize the need for more common area parking. The attempt to mix -up of the 70- and 80 -foot lots is a new shift from the concept plan that had defined location for each of the lots. The concept had clear separation to the two types of lots so the blending in the preliminary plat is new. Staff does not have a problem with the increased smaller lots but what is the City getting in return in terms of open space and the treatment of the wetlands. Steve Ach stated that Centex builds their homes deeper and more compact so that they fit on the smaller lots. They try to utilize the space above the garage more and have a variety of elevations. Chairperson Weisensel stated he was disappointed with the 10 -unit buildings. The landscaping and buffering can be enhanced and the common parking is still an issue. If the Fire Marshal is okay with sprinklering the buildings then it is okay not to loop the streets. The mix -up of the lots sized is good but the percentages seem to be bothersome. There was discussion about a third option to allow the Developer to revise the plans and address the remaining issues and bring it back to the Planning Commission before moving it on to the City Council. MOTION by Anderson to table action until revised plans are presented to the Planning Commission for further consideration. Second by Zurn. Ayes: Weisensel, Messner, Zurn, Anderson, Napper. Nays: 0. Motion carried. The Commission advised the Developer to enhance overall landscaping and buffering, show amenities to reinforce the acceptability of the density in the 10 -unit buildings, work with Staff on the lot widths, provide details of the single family homes, and provide on- and off street parking. Public Hearing: Danner Zoning Text Amendment Danner Mining is requesting an amendment to Section 6.1 of the Zoning Ordinance to allow a concrete production in the Agriculture District. This may be allowable as a conditional use in conjunction with the approved mineral extraction permit. The City may regulate the concrete production under the typical standards and conditions for conditional use permits. The Concrete production would only be allowed as a conditional use permit if the site had an approved mineral extraction permit. The City could revoke both the mineral extraction and conditional use permits if the conditions of approval were violated. Staff recommends continuing this public hearing to July 22, 2003 so that more specific information can be received on hours of operation, noise, dust, and waste production, storage needs, type of machinery used, size of proposed structures, and location of proposed structures. There have been no police complaints from this operation. Planning Commission Meeting Minutes July 8, 2003 Page 4 Marlon Danner, Danner, Inc., stated they have been operating for 35 years and they operate four different gravel pits. They currently have a concrete plant in operation at their pit in South St. Paul. They haul in all their material for that concrete plant and it is run by Apple Valley Ready Mix. They do a lot of concrete recycling. The highest visible part of the plant is the cement tank above the drum mixer that is about 60 feet high. The plant would be located behind the berm at the gravel pit. The berm is about 52 feet high and would hide most of the plant. They would also like a wash plant that would be in the corner. That would wash the sand and gravel to use in the concrete plant. They have a water facility and well on the property. They own about 78 acres and are mining about 57 total acres. They have mined about 20 acres so far. They would be about 1000 feet off CSAH 42. The hours of operation will be continuous with the mining permit hours of 7 am to 7 pm. The noise is minimal because everything is electric. Dust is almost non existent because everything going into the plant is already clean and the cement is augured into the drum. Waste products would only be a little bit of concrete washout that would be crushed and resold. There would be no storage. Trucks would be coming and going during the summer. The plant is completely portable and can be put up and taken down in 3 days. They anticipate the peak production during the day would run about 10 trucks an hour. During the winter months they screen all the material and crush it. That material is hauled out and used over the summer. With the concrete plant there wouldn't be any use over the winter months. There would be no recycling at this location other than the concrete wash. Chairperson Weisensel opened the public hearing. Frank Knoll, 4322 145 Street East, asked how long this plant would be there. He was concerned about the plant being unused for unlimited amounts of time. He is also concerned about the road conditions deteriorating with the increased number of trucks and the amount of traffic. Mr. Danner stated the plant costs approximately $450,000 and that they will abandon it. It will be used during the summer months. This pit is not mass producing with one truck every 5 -10 minutes. They use their own drivers and trucks to haul the materials. The concrete will be hauled by Apple Valley Ready Mix trucks and drivers. They will very rarely work on a Saturday. There is no cost to set up this plant and it just needs to be hooked up to the well. The plant is electric powered. Otto Ped stated his gravel pits shares the access road and he wants Mr. Danner to pay for the improvements needed due to the increase of traffic. He stated the road is currently substandard. The Commissioners discussed the need to develop standards and setting time limits to the conditional use permits. MOTION by Weisensel to continue the public hearing to July 22, 2003 to allow the applicant time to provide more detailed information regarding the operation of the cement or concrete plant. Second by Anderson. Ayes: Messner, Zurn, Anderson, Napper, Weisensel. Nays: 0. Motion carried. Planning Commission Meeting Minutes July 8, 2003 Page 5 Public Hearing: Waste Transfer Processing Zoning Text Amendment This text amendment is for the 13 -acre site on Doyle Path currently owned by Technical Erectors, Inc. The land is currently zoned General Industrial and waste transfer and processing is now a permitted use. This amendment should be considered because recycling operations are permitted with standards that regulate outdoor storage and adjacent land uses that are compatible. This property is in the Mississippi River Critical Corridor, which is intended to protect the views from the river and the integrity of the bluff and vegetation, a recycling area may not be appropriate. Although Staff was unable to speak to the City Attorney regarding the potential for economic benefits, it seems unlikely that an alternative to a tipping fee would be possible since the proposed facility would not be the final destination for any waste. Staff also recommends changing the requirement for the PUD process for multiple uses, parcels or buildings to the Conditional Use Permit process. The Planning Commission may also determine that this use is more appropriate in the Waste Management District, which would require a Comp Plan Amendment and rezoning for the proposed site. A supervisor in Dakota County Environmental Management indicated that there would be four regulatory requirements that the company would have to meet in addition to the City requirements. Those permits are a Solid Waste Transfer Permit from MPCA, a hazardous waste facility license, a 10 -day hazardous waste transfer license, and a hazardous waste facility permit from the MPCA and Dakota County for the treatment of hazardous wastes for bulk transport. The facility would start out as a transfer station where wastes would come to the facility and then leave after a period of time to other destinations. The future processing part would occur where some of the materials are consolidated for bulk transport. Chris Psihos, president of Special Waste Disposal, Inc., stated they are an industrial waste management company. They do nothing with garbage or demolition debris. They help the manufacturing companies. The wastes come in 55- gallon DOT approved barrels on trucks. They go through the regulatory requirements of profiling, testing, proving them, picking them up and labeling them. They go to a facility and pick up the barrels and bring them back to a centralized location that is a warehouse staging area. They need to consolidate all the small containers to get critical masses (bulk containers) out of the facility. When they have about 80 barrels of material, they send them off to various locations in the country for treatment. They basically bring it in and bring it out. This is not a high volume business. They go out and pick up the barrels and then bring them back to the facility to be staged in the warehouse. They want to make sure they do everything right. As a company they feel this property would allow them to grow. They have done environmental studies on this land. There are specific design requirements and technical design standards for solid waste transfer, hazardous waste storage regarding secondary containment, and uniform fire codes that they must meet. They have to do it this way to protect the human health, welfare and environment. This is a very highly regulated business which they like. They would design a building with loading docks and bays inside the building. There is very minimal truck traffic. There is secondary containment underneath everything so there is no adverse environmental impact. There are no solid waste or air Planning Commission Meeting Minutes July 8, 2003 Page 6 discharges from this facility. From a visual perspective this is a warehousing operation. They also do wastewater management and hazardous materials fuel building. They try to reduce, reuse, and recycle. There was discussion on the conditional use permit and designing it with safeguards to prevent people from screwing up. This type of business is very regulated so whoever is running it needs to make sure the environment is safe. Chairperson Weisensel opened the public hearing. Frank Knoll, 4322 145 Street East, stated this would be the third waste facility and asked why they would come way out here. He also inquired if the building would fit on the proposed site. Overall he felt this was not a good site for this project since it is so close to the river. Terry Flower, 13586 Fischer Avenue, noted how the Commission took great care as they considered important issues in other developments. It shows they are proud of the community and its image. He felt that if this amendment was approved, there would be more pressure to allow more plants. He stated that area is already environmentally stressed. He likes good, clean industry. The accidental spills are unknown. We don't know about hazardous materials and what kind of hazard might be exposed to people living nearby. He advised the Commission to be careful what they wish for because they just might get it. Greg Fox, 15391 Emery, stated that a permit was allowed for SKB but after a few years they expanded the list of materials going into that facility and expanded the cells. They offered tipping fees to the City that was not a tax. It was offered for them to be there and keep everybody happy. He is scared that this site is along the river and there are no natural barriers for the potential accidents that could occur. Gwenda Pangerl, 13880 Mississippi Trail, stated she is a mom and is concerned about these industries. She said $400,000 homes were built in the area before these industries came in. Now that they are there, air exchangers installed into the homes no longer work. When Spector Alloys and Endres is puffing away what the air exchanger brings into the house has made their kids sick. The kids can no longer play in the yards because of what Endres is doing. In the last week they have called the MPCA 24 times. They have not come out to do checks. She has been put in the hospital because she drove through Spectro Alloys blue aluminum discharge. It is good that the regulations are in place but we are already in the top 10 percent of dirtiest counties in the United States. The area is environmentally stressed and we are already footing a lot of the pollution for the county and metro area. She also stated there have been several accidents on STH 55. George Psihos, owner of Technical Erectors, helped design a system to handle certain types of waste for disposal and incineration. The land will not be developed by Technical Erectors. They are hearing problems of other industries in that area and should not have to bear that type of responsibility from others who are causing the problems. The building will be designed safely and will have internal containments. There will not be any emissions and no transfer or storage will be handled outside. The building will be setback 40 feet from the river as required by Planning Commission Meeting Minutes July 8, 2003 Page 7 regulations. They will comply with regulations of the conditional use permit and they will work with staff to guarantee regulation compliance. Chris Psihos responded that this is not about solid waste. The issue is air quality and this facility has no stack and zero emissions. They want to work with the community and would like to clean up the service corridor. They are looking at this location because they can buy the land and develop it. MOTION by Messner to close the public hearing. Second by Zurn. Ayes: Zurn, Napper, Weisensel, Messner. Nays: 0. Absent: Anderson. Motion carried. The Commission discussed language of the amendment and would like stronger language in the conditional use permit. MOTION by Messner to table action to July 22, 2003 to get clarification on the conditional use permit text. Second by Napper. Ayes: Anderson, Napper, Weisensel, Messner, Zurn. Nays: 0. Motion carried. Public Hearing: Minimum Building Size Zoning Text Amendment Staff has previously outlined their concerns for properties located in the General Industrial district. Their concerns dealt with efficient use of the land and City resources in terms of infrastructure, storm water management, tax base development, and outdoor storage. Staff is suggesting a minimum building size standard of 10 percent of the subject property. This would be reasonable and consistent with the Comp Plan. Chairperson Weisensel opened the public hearing. Frank Knoll, 4322 145 Street East, stated that by putting the standards on the buildings they are crowded and the City is starting to lose things it needs. He doesn't see the need to do this at all. Mr. Pearson stated this is being proposed to get a minimum building size for a site so that it doesn't become an outdoor parking or storage facility. MOTION by Weisensel to close the public hearing. Second by Zurn. Ayes: Napper, Weisensel, Messner, Zurn, Anderson. Nays: 0. Motion carried. MOTION by Anderson to recommend that the City Council approve a zoning text amendment creating a minimum building size standard in all industrial zones of 10 percent of the subject property. Second by Messner. Ayes: Weisensel, Messner, Zurn, Anderson, Napper. Old Business: None. New Business: Evermoor Clare Downs 2 Addition Final Plat This final plat will create the individual lots and public right -of -way for street construction. This is the last step in the planning process for this single family neighborhood on the south side of Planning Commission Meeting Minutes July 8, 2003 Page 8 Evermoor. The lots are larger than the minimum standards and Outlot A will be dedicated as park land that will connect to Schwarz Pond and Carroll's Woods parks. The final plat is in compliance with the preliminary plat and R -1 standards. The City Engineer may make a recommendation to extend the lots lines for Block 2 into Outlot B to eliminate the Outlot. There was discussion on Outlot A and how it will be used. MOTION by Zurn to recommend that the City Council approve the final plat for Evermoor Clare Downs 2' Addition subject to: 1. Execution of a subdivision development agreement to secure public and private infrastructure and improvements. 2. Incorporation of comments from City Engineer relative to drainage, easements, grading, street right -of -way, utilities, and the disposition of Outlot B. 3. Dedication of Outlot A for park development. 4. Payment of all applicable development and platting fees as specified in the current fee resolution. Second by Napper. Ayes: Messner, Zurn, Anderson, Napper, Weisensel. Nays: 0. Motion carried. Director's Report: The Commissioners may be getting invitations soon to attend a joint work session with the City Council. The Minea Property Preliminary Plat is on the Committee of the Whole agenda for discussion on July 9, 2003. There being no further business to come before this Commission, upon Motion by Weisensel, and upon unanimous decision, the meeting was adjourned at 9:58 p.m. Respectfully Submitted, Chantel Nelson Recording Secretary m VO gym° CITY OF RO S E M O U N T 2875 C Street West Rosemount, MN 55068 -4997 Phone: 651-423-4411 Hearing Impaired 651-423-6219 Fax: 651-423-5203 Planning Commission Regular Meeting Minutes July 22 2003 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, July 22, 2003. Chairperson Jeff Weisensel called the meeting to order at 6:30 p.m. with Commissioners David Anderson, Myron Napper, Jason Messner, and Terry Zurn present. Also in attendance were City Planner Rick Pearson, Project Engineer Anthony Aderhold, and Assistant Planner Jason Lindahl. The meeting was opened with Pledge of Allegiance. Agenda Changes: None. Audience Input: None. MOTION by Messner to approve the July 8, 2003 Regular Planning Commission Meeting Minutes. Second by Zurn. Ayes: Anderson, Napper, Weisensel, Messner, Zurn. Nays: 0. Motion carried. Chairperson Weisensel confirmed with the recording secretary has placed on file with the City all Affidavits of Mailing and Postings of a Public Hearing Notice and Affidavits of Publication concerning the public hearings on the agenda. Public Hearing: Minea Property /Centex Homes Preliminary Plat Centex Homes revised the Preliminary Plat plans for the 155 -acre Minea Property located south of 135 Street east of Bacardi Avenue. The plans have been revised in the townhouse area. There are two types of R -3 Medium Density housing. Overall there are 112 row home units and 58 double loaded units. The single family cul -de -sac south of the DNR regulated pond has been eliminated to preserve more trees and open space. The reduction in housing is five single family lots and two townhouses. Parking is adequate for this development. Although additional details are needed, Staff feels this revision is a significant design improvement. If the Planning Commission supports these revisions, Centex Homes will complete all the detailed revisions for the August 12, 2003 meeting. Steve Ach, Centex Homes, stated they were looking for confirmation that this plan is going in the right direction. They have changed some of the product and created more open space more central to the attached area while maintaining the open space on the other side. They removed some single family lots to preserve more trees and added about 2 more acres of parkland. Planning Commission Meeting Minutes July 22, 2003 Page 2 The Commissioners commented that this plan is an improvement over the previous plan. There was some discussion on the construction of the looped driveways. Chairperson Weisensel opened the public hearing. There were no comments. MOTION by Weisensel to continue the public hearing until August 12, 2003 to allow the applicant to complete the preliminary plat revisions. Second by Anderson. Ayes: Napper, Weisensel, Messner, Zurn, Anderson. Nays: 0. Motion carried. Public Hearing: Danner Zoning Text Amendment Danner Mining has requested an amendment to the zoning ordinance to allow cement or concrete production as a conditional use permit within the Agricultural District. The plant would use about two acres in their mining pit including a stock piling area. The wash plant would also require two acres. The location of these two plants would be behind the dirt berm screening it from CSAH 42. The plants would operate during the hours between 7 a.m. and 7 p.m. in conjunction with the mineral extraction permit. There will be no dust or noise and the plants are electric. Truck traffic will use the existing road and they estimate about 8 trucks per hour. These plants will operate only in the summer. This amendment will only allow cement and concrete production if the subject property has an approved mineral extraction permit. If a site with a mineral extraction permit and a conditional use permit for cement or concrete production violate the conditions of either permit, the City could revoke the permits. There was a discussion on improvements to the private road due to the increase in traffic. Chairperson Weisensel opened the public hearing. There were no comments. MOTION by Weisensel to close the public hearing. Second by Napper. Ayes: Weisensel, Messner, Zurn, Anderson, Napper. Nays: 0. Motion carried. MOTION by Zurn to recommend that the City Council approve an amendment to Section 6.1 of the Zoning Ordinance allowing cement or concrete production in association with a mineral extraction permit as a conditional use within the AG Agricultural District. Second by Messner. Ayes: Messner, Zurn, Anderson, Napper, Weisensel. Nays: 0. Motion carried. Mr. Pearson stated this will go to City Council on August 7, 2003. Public Hearing: Waste Transfer Processing Zoning Text Amendment This item was discussed at length during the July 8, 2003 meeting. New draft language has been provided should the Commission support the amendment with proper controls in place. Staff also suggests changing the requirement for the PUD process for multiple uses, parcels or buildings to the Conditional Use Permit process. If the amendment were adopted, the applicant would still need to go through the CUP process to resolve all of the site plan and mitigation issues as well as document they have permits from all applicable agencies. Planning Commission Meeting Minutes July 22, 2003 Page 3 Chris Psihos, Special Waste Disposal, stated they want to develop the property into what they would call a high -tech warehouse operation. They want to be consistent with the zoning code and make sure everything is completely contained inside with secondary containment. He has worked with Staff to draft the proposed language for the amendment. He went through the draft language and explained in detail each point. He described what his company does and explained how the draft language would relate to his business. They would like to work with the City and do things right. They want to make sure there are constraints to define what they can and cannot do on the land to protect the land and people around it. Chairperson Weisensel opened the public hearing. Gwen Pangerl, 13880 Mississippi Trail, stated she was impressed with this company and the fact that they are trying to work with the City and nearby residents. She stated there are a lot of families in the area that are very nervous because we are in the top 10 percent of dirtiest counties in the US due to the six bad neighbors out there. She is glad they have the insurance policy but they have heard the same things from the other companies in that area. She feels this would be adding another potential problem to an area already full of problems. She asked why it had to be there. MOTION by Messner to close the public hearing. Second by Anderson. Ayes: Zurn, Anderson, Napper, Weisensel, Messner. Nays: 0. Motion carried. There was discussion on this amendment being open to the whole General Industrial District and whether or not it should be limited to specific sites. There was also some discussion on if this site should be rezoned to Waste Management. MOTION by Anderson to recommend that the City Council deny the zoning text amendment to the General Industrial District for Conditional Uses and Waste processing, storage, and transfer. Second by Napper. Ayes: Anderson, Napper, Zurn. Nays: Weisensel, Messner. Motion carried. Mr. Pearson stated that this will go to City Council on August 7, 2003 accompanied with a negative recommendation on a split vote from the Planning Commission. Public Hearing: McMenomy /Hertogs Property Rezoning Basic Builders is requesting this property located west of Biscayne Avenue south of the projected Connemara Trail to be rezoned from PI Public Institutional to R -2 Moderate Density Residential. This is necessary to bring this property into compliance with the amended Comprehensive Plan designation of Urban Residential. This was also a condition of approval for the original concept plan previously approved. Chairperson Weisensel opened the public hearing. There were no comments. MOTION by Weisensel to close the public hearing. Second by Messner. Ayes: Napper, Weisensel, Messner, Zurn, Anderson. Nays: 0. Motion carried. Planning Commission Meeting Minutes July 22, 2003 Page 4 MOTION by Weisensel to recommend that the City Council approve a rezoning from PI Public Institutional to R -2 Moderate Density Residential for the property located west of Biscayne Avenue south of the projected Connemara Trail. Second by Napper. Ayes: Weisensel, Messner, Zurn, Anderson, Napper. Nays: 0. Motion carried. Mr. Pearson stated that this will go to City Council on August 7, 2003. Public Hearing: Vesterra LLC Mineral Extraction Permit This mineral extraction permit is to operate a multi -phase mine south of 135 Street east of Akron Avenue. The terrain slopes from east to west suggesting the southern bank of a glacial river bed. Vesterra will mine into the bluff and operate through ten phases. Each phase will consist of 5 -7 acres of land with about five acres being open at any given time. The phases will work through the land in a counter clockwise pattern starting in the middle. Processing and stockpiles will be located east of the initial operating phase. Staff is awaiting further detail to the grading plans and a landscaping plan should be prepared to plan for progression of the pit as the pits grows larger and as part of the final restoration. Staff recommends this be continued until August 12, 2003. There was discussion on the traffic routes and improvements to the roads. An EAW was done on this property to identify any major issues. Jonathan Wilmshurst, 12741 Shannon Parkway, stated that he has 22 years experience in the sand and gravel business. He also sits on three environmental non profit boards in the Twin Cities and is interested in preservation of the environment. He stated they have been working very closely with the two neighbors and have separate letters of understanding with them to make sure their interests are protected. They would like the slopes to mimic the way they look now. The preferred exit route would be CR 38 north on CR 71 and then east on 117 Street. During the construction to 117 Street the plan would be south on CR 71 and east on CSAH 42 to north Hwy 52. This will be a relatively small operation compared to others in the Twin Cities. There will be about t/2 million tons being removed from this pit. Chairperson Weisensel opened the public hearing. John Remkus, 13040 Akron Avenue, stated he would like the commission to specify where the trucks can go. He lives on Akron Avenue and states the road gets very wash boarded with the truck traffic. He wanted the business to be encouraged to go out to CR 71 and not use Akron Avenue. MOTION by Weisensel to continue the public hearing until August 12, 2003 to give the applicant time to refine the grading plans and provide required detail. Second by Zurn. Ayes: Messner, Zurn, Anderson, Napper, Weisensel. Nays: 0. Motion carried. Public Hearing: Cliff Property /Tollefson Development Concept Plan This concept plan is for 105 single family lots on land currently outside the Metropolitan Urban Service Area. This property is listed as being within the MUSA post 2020. There would be a Planning Commission Meeting Minutes July 22, 2003 Page 5 community septic system that would have a neighborhood wide drain field until sanitary sewer infrastructure is extended to the property. When the urban services are available, the community septic area would be reconfigured into ten single family lots. There would be two access points to this development from Akron Avenue with stubbed extensions to surrounding properties and temporary cul -de -sacs. There are a series of outlots for open space, ponds, tree preservation, and a neighborhood park. Staff is concerned that this plan is inconsistent with the Comprehensive Plan as well as the current Agricultural District zoning and lot standards. This concept plan would require infrastructure being staged to serve this property over undeveloped property. This would be leap frog development. The current zoning allows one dwelling unit per forty acres. The property would need to be rezoned to permit higher density residential development. It would also require an amendment to the Comp Plan. Urban improvements and services would be lagging behind urban residential development. Staff is recommending denial of this concept plan based on these issues. Casey Wollschlager, Tollefson Development, stated that this development is completely different from what has been previously done in the City. He stated the development is only premature to make the City bring services up to that area. The development is self contained meaning the City does not have to bring sewer and water up to the site for it to function. Water and sewer service would be provided. Akron Avenue will be upgraded in 2006 -2007. They tried to 111 conserve as much open space as possible and provide bigger lots to have smaller densities. They have worked to set aside land for a regional park. He felt they should not have to ghost plat neighboring properties since other developments do not have to do that to figure out street connections. They are working with what is available. This development would have all the same requirements and current developments but with smaller densities. He said this development could not be done in the future with the small density. They are creating a buffer zone for the homeowners to the north of this property. Tollefson would escrow funds for the sewer and water charges in the future. Chairperson Weisensel opened the public hearing. John Remkus, 13040 Akron Avenue, stated he is supportive of his neighbors and that this is Cliff's retirement. He stated at one point Mr. Cliff wanted to split the property into two 40 -acre lots but was told by the Planning Commission that he could not do that since it would only be 39.75 acres. He is almost directly across from the proposed drain field and it not too excited to have the drain field within 100 feet of his well. He wants to support Cliff but this proposal is difficult for him. He felt if the property was split then some of these problems could be avoided in the future. Angela Schroeder, 12319 Appalachian Trail, is concerned with running the sewer and water to this development before the City is ready. She is also concerned about the future traffic that would be brought to Akron Avenue. Planning Commission Meeting Minutes July 22, 2003 Page 6 Jake Czapiewski, 1050 124 Court, asked how the septic system and drain field will work for that many houses. He also inquired about the well and water system. He is not against the development and wants to see it work. He felt if it speeded up the pavement of Akron Avenue that would be okay with most of the people in that area. Casey Wollschlager stated the system is a gravity feed system. The system is a can system that goes from one unit to the next unit. Then it gets drained. The water coming out of the can systems would be considered potable water, meaning you could drink it if you wanted. The drain field they are proposing is larger than what will actually be used. The drain field is a way to disseminate it almost like a stormwater system. They would set up one or two well systems depending on the topography. There would be fire hydrants with about 1000 -1500 gallons per minute sustainable to meet all the requirements with pumps. There would be enough water to support the community if there were a fire. There would be tanks to hold the water. There was discussion on the involvement of the various City Departments and their role in the development process. Bob Hawkins, 1110 124 Court West, is supportive of what the developer has done in trying to put the larger lots abutting to his property on the north. He thinks it makes the transition better than putting townhomes there which could happen if the land is developed in 10 -15 years as stated in the Comp Plan. He also thought it would be nice to see Cliff develop his land and move on with his life. Tim McDonnell, 1150 124 Court West, also wants Cliff to be able to develop his land. He said this plan is much preferable than waiting until 2020 and having townhomes or who knows what show up in there. He is concerned about the gravel trucks on Akron than residential cars. MOTION by Weisensel to close the public hearing. Second by Zurn. Ayes: Zurn, Anderson, Napper, Weisensel, Messner. Nays: 0. Motion carried. There was discussion on added unforeseen expenses put on the City if they move on this development now. Although the plan may be a good one, it is premature for urban services and what is escrowed today may not cover the costs in the future. There was also concern about road and pipe alignments in the future. Engineering is working on a north central sanitary sewer study that would generally cover this area but they do not yet know exactly where the pipes will go. Commission Messner commented that although this appears to be a well thought out plan and is probably a good thing for the adjacent property owners the City has a guide plan that is supposed to set the direction of growth and future phasing for the utilities. If that plan is thrown out for this potential project it could set the City up for future problems. MOTION by Zurn to recommend that the City Council deny the concept residential planned unit development for the Cliff property because it is inconsistent with the 2020 Rosemount Comprehensive Plan and the Agricultural District zoning standards. Second by Messner. Planning Commission Meeting Minutes July 22, 2003 Page 7 Chairperson Weisensel opened the floor for additional comments. Chairperson Weisensel stated he would support the motion but wanted send the message to the Council to look at this because it has real good potential. Hearing from the residents around there everyone is struggling with the idea to allow Mr. Cliff to enjoy his retirement and he felt the Commission should be cognizant of that. Mr. Pearson stated that the City Council received direction from the City Attorney regarding the lot split request in the past. The Attorney stated the Council could grant area variances for the split and that was discussed with Mr. Cliff and his attorney. Ayes: Anderson, Napper, Weisensel, Messner, Zurn. Nays: 0. Motion carried. Mr. Pearson stated this will likely be on the City Council agenda for August 19, 2003. Public Hearing: Rosemount Cimika Retail Center Site Plan Review This site plan review is for the construction of a 16,886 square foot multi -tenant building next to the Rosemount Village Center and behind Wendy's and KFC. The plans are in compliance with the requirements but Staff is requesting additional information from the developer. Staff is recommending this be continued until the August 12, 2003 meeting to allow the developer time to submit the additional information. Reg Plowman, RJ Marco, stated they have done a good job meeting the City requirements and there are no problems meeting further requirements the City may have. There will be nine total tenants similar to those found in the Rosemount Village Center next door. Chairperson Weisensel opened the public hearing. Therese Sweitzer, 15101 Cimarron Avenue, does not want a restaurant going in. She does not want more traffic and trash. In 2001 she was told there would be two sit -down restaurants and one fast -foot but not there are two fast -food and no sit down restaurants. She has concerns with the traffic, noise and speed limits not being enforced. MOTION by Weisensel to continue the public hearing until August 12, 2003 to allow the applicant time to submit additional information. Second by Napper. Ayes: Napper, Weisensel, Messner, Zurn, Anderson. Nays: 0. Motion carried. Old Business: None. New Business: Bloomfield 6 Addition Final Plat This final plat is anticipated to be the second last series of single family lots to be platted in Bloomfield. This is the last planning review prior to recording the lots for infrastructure improvements, housing construction, and sale. The plat is in compliance with R -1 standards and the preliminary plat with the exception of one lot. Lot 10, Block 2 is functionally a corner lot and will have 30 -foot setbacks on three sides. The street curves around the lot and transitions into a cul -de -sac turn- around instead of being an intersection of two streets. Atwood Court could be lengthened as one solution. Planning Commission Meeting Minutes July 22, 2003 Page 8 Matt Anfang, Centex Homes, stated they could fit a house with a two -car garage on Lot 10, Block 2 and meet all the setback requirements but would not meet the lot area standards. He stated they could also limit this lot to only having a two -car garage or if granted a setback variance they could put in a three -car garage. The Commission further discussed Lot 10, Block 2 and agreed to change the last condition to read "Lot 10, Block 2 shall conform to 30 -foot setbacks along the street edge and rear yard. MOTION by Weisensel to recommend that the City Council approve the final plat for Bloomfield 6th Addition subject to: 1. Execution of a subdivision development agreement. 2. Incorporation of recommendations from the City Engineer relative to drainage, easements, grading, streets and utilities. 3. Dedication of a Conservation easement for stormwater infiltration ponds on lots 9, 10, 14 -19, Block 1 as recommended by the City Engineer. 4. Payment of all applicable development and platting fees including Park Dedication and GIS as specified in the current fee resolution. 5. Atrium Court shall be renamed to Atwood Court. 6. Lot 10, Block 2 shall conform to 30 -foot setbacks along the street edge and rear yard. Second by Messner. Ayes: Messner, Zurn, Anderson, Napper, Weisensel. Nays: 0. Motion carried. New Business: Raak Exterior Materials Exemption Gary and Wendy Raak are requesting an exemption from the exterior building materials regulations under the new standards recently adopted. Existing accessory structures may be exempted from the comparable exterior materials and maximum aggregate total area standards if they were in existence at the time the new ordinance was adopted. The exemption was created to allow residents to improve their barns while maintaining the structures original character. Staff is requesting the Commission to give direction on the comparability of the materials the Raak's are proposing to put on their barn., Gary and Wendy Raak, stated that they want to make improvements to their barn and the colors they want to use will be comparable to their house. MOTION by Weisensel to approve the exterior building materials exemption request for Gary and Wendy Raak at 13429 South Robert Trail based on the findings that the proposed exterior building materials are comparable to the existing exterior building materials and maintain the barn's original character. Second by Anderson. Ayes: Zurn, Anderson, Napper, Weisensel,. Nays: Messner. Motion carried. Staff informed the Raak's that although their exemption has been approved by the Commission, they would still need to get a building permit before the improvements to the barn could be started. Planning Commission Meeting Minutes July 22, 2003 Page 9 New Business: Appointment of Commissioner to Downtown Advisory Committee The Commission is being asked to appoint one Commissioner to serve on the newly formed Citizen Advisory Committee. The committee will review the Downtown Redevelopment Plan, evaluate current market and financial conditions, solicit community input, and make a recommendation to the Port Authority on a final development plan. Commissioners Anderson and Weisensel stated they were not interested due to the unknown time commitment. Commissioner Messner stated he was reluctantly willing to serve on the committee. MOTION by Weisensel to appoint Commissioner Messner to the Citizen Advisory Committee. Second by Anderson. Ayes: Anderson, Napper, Weisensel, Zurn. Nays: Messner. 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 9:30 p.m. Respectfully Submitted, Chantel Nelson Recording Secretary CITY HALL CITY OF RO S E M 0 U N T 2875 —145th Street West Rosemount, MN 55068 -4997 Phone: 651- 423 -4411 Hearing Impaired 651 423 -6219 Fax 651- 423 -5203 Planning Commission Regular Meeting Minutes August 12 2003 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, August 12, 2003. Chairperson Jeff Weisensel called the meeting to order at 6:30 p.m. with Commissioners David Anderson, Myron Napper, Jason Messner, and Terry Zurn present. Also in attendance were City Planner Rick Pearson, City Engineer Andrew Brotzler, and Assistant Planner Jason Lindahl. The meeting was opened with Pledge of Allegiance. Agenda Changes: None. Audience Input: None. Ill MOTION by Anderson to approve the July 22, 2003 Regular Planning Commission Meeting Minutes. Second by Napper. Ayes: Anderson, Napper, Weisensel, Messner, Zurn. Nays: 0. Motion carried. Chairperson Weisensel confirmed with the recording secretary has placed on file with the City all Affidavits of Mailing and Postings of a Public Hearing Notice and Affidavits of Publication concerning the public hearings on the agenda. Public Hearing: Minea Property /Centex Homes Preliminary Plat This 155 -acre property is located south of 135 Street and east of Bacardi Avenue. The plans have been revised in the townhome area and the single family cul -de -sac south of the DNR pond has been eliminated to preserve more of the trees and open space as an amenity. The double loaded buildings have been reduced to 58 units. The rest of the attached housing will be two different types of row houses. There will be 112 units of the Georgetown which is similar to the ones built south of the railroad line in Bloomfield. There will be 60 of the three -unit Vineyards buildings. With the Georgetown houses, more open space has been made available and it is more evenly distributed across that area of the plat. One issue not previously discussed is the garage sizes for the Carriage homes. The proposed garages are only 385 sq. ft. Since our standard is 440 sq. ft. they would need a variance. It is unclear if the smaller garage size was necessary to make the housing affordable. Landscaping has been added along Connemara Trail, the railroad tracks, and CR 38. There could be additional landscape screening in the gap created by the pipeline easement at the railroad tracks. Planning Commission Meeting Minutes August 12, 2003 Page 2 Comments received from the EAW process are that there appears to be a record of an abandoned dump site near the railroad tracks that needs to be cleaned up in accordance with Dakota County standards. There is also a condition of approval stating that all comments in the EAW be incorporated into the preliminary plat. Ed Hasek, Westwood Professional Services, stated the revised plan is a dramatic change and improvement to the previous plan. The Carriage home area has been changed to incorporate a third multiple product which is the Georgetown unit. They have revised the single family homes in the area near the DNR pond. They have taken out the cul -de -sac to preserve trees and create more open space. The other big change is the inclusion of a significant amount of open space in the middle of the largest multiple family area of the site. They see it as a formal space with a gazebo, structured plantings, and access from both the north and south. Based on Staff recommendations they will eliminate the parking on the southern edge of that space. On the previous plan there was about 44 acres of total open space. That number is now nearly 50 acres based on the changes made. They would like to mix the size of units for single family homes throughout the project. They concur with about 90 percent of staff comments. They can add more landscaping along the railroad tracks and adjacent to the carriage homes. They feel the plan is a good one and they have responded to comments heard from both the Commission and Council. Steve Ach, Centex Homes, stated the garage size was smaller because the plans had not been changed to meet the standard of 440 sq. ft. That product is a lower price point and it is a customer choice to get the smaller garage. He felt the garages could never be built big enough because people will always try to fill them up. There are 58 units in the carriage home area that would need the variance for the smaller garage size. They feel the garage size is driven by the consumers. There will be models on the site for each product offered so the customers can see what they are getting. They are clear about getting only 8 acres of credit for park land. They are proposing to have sidewalks along one side of all the interior streets and then a sidewalk and trail on both sides of the collector streets. They will be sprinklering the bigger buildings in addition to having some turn- arounds. The open green space in the townhouse area will be maintained by the association. There was a discussion about extending the lot lines to the pond and placing a conservation easement over that area. There was also a discussion on the ordinary high water level for the pond. There is currently no outlet for this pond but City Engineer Brotzler did state the Comprehensive Storm water Management Plan does indicate this pond being routed to the north through a series of storm water pipe sometime in the future. Mr. Ach did show the Commission some samples of the single family housing that may be available for this project. Typically they will be two -story houses with 2000 -2500 sq. ft with triple car garages with front porches with some architectural detail. They would have lot restrictions for certain houses. They are projecting seven or eight different floor plans and each plan has three elevations. Chairperson Weisensel opened the public hearing. There were no comments. Planning Commission Meeting Minutes August 12, 2003 Page 3 MOTION by Weisensel to close the public hearing. Second by Messner. Ayes: Napper, Weisensel, Messner, Zurn, Anderson. Nays: 0. Motion carried. There was more discussion on the sidewalks and trails, and the garage sizes and City standards. It was recommended to add another condition that the carriage units must meet the garage size standards of 440 sq. ft. MOTION by Messner to recommend that the City Council approve the preliminary plat for the Minea Property /Centex Homes subject to: 1. Incorporation of recommendations of the City Engineer regarding drainage, easements, grading, plat considerations, streets, utilities and wetland buffer preservation. 2. Incorporation of recommendations of the Parks and Recreation Commission relative to Park Dedication, including dedication of up to eight acres for park. 3. Conformance with applicable building and fire codes, including those articles specified in the attached memo by the Fire Marshal. 4. Open land not dedicated for public use or park development shall be owned and maintained by a homeowners association, which will be responsible for improvements and maintenance of the land. 5. Execution of a PUD Agreement to acknowledge the variances granted through PUD, and securing the developer installed improvements to be implemented in all phases which include: a) Single family lot dimension minimum standards reductions to 70 ft. widths and front yard reductions to 25 feet. b) Density transfer for the townhouse cluster areas for the Carriage and Georgetown units in return for the open space presented in OUtlots A, B, C, E exclusive of Park Dedication. c) Landscaping for screening and aesthetic considerations throughout the development. 6. Conformance with the requirements for final plat including execution of a subdivision development agreement with each phase /plat to secure public and private improvements and infrastructure. 7. Approval of the Dakota County Plat Commission in accordance with the requirements of the Contiguous Plat Ordinance including dedication of additional right -of -way as needed. 8. Rezoning the "Vineyards" "Georgetown" units to R -2, Moderate Density Residential and the "Carriage" units to R -3, Medium Density Residential. 9. Including additional landscaping for screening to both outer edges of the pipeline easement along the railroad tracks. 10. Eliminating the 90- degree parking coming off the public street "D" near the gazebo. 11. Revision of the park entrance at street "G" as well as the lot line for Lot 49, Block 4. 12. Provision of a sidewalk on the north side of Street A east of Connemara Trail. 13. Escrow of funds for the Developer's share of the future upgrading of County Road 38, including a trail on the south side. 14.The Developer shall be responsible for all site clean -up and remediation of contamination or dump sites in conformance with all applicable Dakota County standards and ordinances. Planning Commission Meeting Minutes August 12, 2003 Page 4 15. The Developer shall be responsible for incorporating all recommendations generated from the EAW process into the preliminary plat. Second by Zurn. MOTION by Anderson to offer a friendly amendment to the main motion to add a 16 condition stating that the carriage units must meet the garage size standards of 440 sq. ft. Second by Napper. Ayes: Anderson, Napper, Weisensel. Nayes: Messner, Zurn. Amendment carries. Chairperson Weisensel called for the roll call on the main motion with the 16 conditions. Ayes: Weisensel, Messner, Anderson, Napper. Nays: Zurn. Motion carries. Mr. Pearson stated this will go to the City Council and Staff will let the applicant know what the date will be. MOTION by Weisensel to rezone the Vineyards Homes Lots 5 -8, Block 4 and Lots 53 -53, 58- 59, Block 5 and Lots 34 -40, and 42, Block 1 and Blocks 8 -16, and Lot 1, Block 17 to R -2, Moderate Density Residential. Second by Anderson. Ayes: Zurn, Anderson, Napper, Weisensel, Messner. Nays: 0. Motion carried. MOTION by Weisensel to rezone Lots 2 -3, Block 17 and Block 18 to R -3, Medium Density Residential. Second by Zurn. Ayes: Anderson, Napper, Weisensel, Messner, Zurn. Public Hearing: Vesterra Mineral Extraction Permit This item was first brought to the Planning Commission on July 22, 2003. Staff has since received and reviewed the grading plans and found no issues. All other information presented was found to be acceptable to Staff. Staff is recommending approval of this mineral extraction permit and moving it forward to City Council. Jonathan Wilmshurst, 12741 Shannon Parkway, stated they have provided the detail for the reclamation plan and he is present to answer any questions from the Commissioners. Chairperson Weisensel opened the public hearing. There were no comments. MOTION by Weisensel to close the public hearing. Second by Messner. Ayes: Napper, Weisensel, Messner, Zurn, Anderson. Nays: 0. Motion carried. MOTION by Zurn to recommend that the City Council approve the Vesterra Mineral Extraction Permit request subject to the attached draft conditions for 2003. Second by Napper. Ayes: Weisensel, Messner, Zurn, Anderson, Napper. Nays: 0. Motion carried. Mr. Pearson stated this would be on the next available Council agenda and Staff will let the applicant know when that is. Public Hearing: Rosemount Cimika Retail Center Planning Commission Meeting Minutes August 12, 2003 Page 5 This item was first presented to the Commission on July 22, 2003. The site plan is for the construction of a 16,886 sq. ft. multi tenant retail center. After a more thorough review of the plans and additional details provided, this project conforms to the standards the City has established for the C -4 General Commercial zoning district. Sidewalk will run along the street edges as part of the PUD agreement. The trash enclosure has been revised to meet the setbacks and is located on their property. This lighting has been revised so that the light is pushed more to the ground. Reg Plowman, RJ Marco, stated he has been working with Staff to make the changes recommended. He doesn't have anything to add but is present to answer any questions the Commissioners may have. Chairperson Weisensel opened the public hearing. Therese Sweitzer, 15101 Cimarron Avenue, asked about the landscaping on the southern side of this building. She stated if there was a downward slope similar to retail center to the west, then it would not be beneficial because their houses are about eight feet off the ground. She asked if a fence or wall could be put in if a berm couldn't be put in. She asked the Commission to put themselves in the place of the residents that live across the street. She asked about entrances /exits from 151' Street. She also asked that the tenants be limited to retail stores that close at 9 pm. A petition was presented on behalf of the residents that live across the street from this property and it has four points that include keeping business types to general small retail franchises to help suppress traffic and noise, to provide adequate landscaping/fencing on the south side to block the back of the building, to keep direct lighting to a minimum so residential area is not flooded by extreme lighting all night long and to prohibit entrances /exits onto 151" Street. Mr. Pearson stated there has never been any access points for this PUD. It has always been meant to have the shared east /west drive. The tenants are not restricted in the PUD which anticipates a variety of retail uses. The City is little authority to limit hours of operation unless there is a nuisance. Mr. Pearson commented that this PUD did include the residential area. When the developer planned that housing, they knew there would be commercial businesses across the street. Henry Morton, 15126 Cimarron Way, stated they went through this when Cub was built. They were told traffic would go into Cub from CSAH 42 and Crestone and come out to Claret to 151" Street. Traffic is all going to 151" Street and he was concerned about the increase traffic. He is also concerned about the increased truck traffic. MOTION by Weisensel to close the public hearing. Second by Napper. Ayes: Messner, Zurn, Anderson, Napper, Weisensel. Nays: 0. Motion carried. There was a discussion on what the original PUD showed for the development. The vacant property to the north of this site is planned to be a sit -down restaurant. The residential housing has always been on the south side of 151" Street with commercial uses being on the north side. Planning Commission Meeting Minutes August 12, 2003 Page 6 MOTION by Messner to approve the site plan review for Rosemount Cimika Retail Center subject to: 1. Add landscaping in the northeast corner of the site to screen the off street parking along Cimarron Avenue. 2. Coordinate with Oppidan Investment Company and the Chippendale -42 Partnership to install sidewalks per the construction plans dated 9 -17 -02 and the Subdivision Agreement dated 7 -16 -02 for Rosemount Village Center. 3. Submit a comprehensive sign plan for separate approval. 4. Payment of all applicable development fees. 5. Conformance with all other conditions of City Staff. Second by Zurn. Ayes: Zurn, Anderson, Napper, Weisensel, Messner. Nays: 0. Motion carried. Mr. Pearson stated this does not go to City Council unless it is appealed within 10 working days by an aggrieved property owner. Public Hearing: Rosewood Village Preliminary Plat Progress Land Company is seeking preliminary plat approval for the 53 detached townhomes in Rosewood Village. This area is south of 145 Street and west of Biscayne Avenue. The architectural design shows approximately six different units. The landscaping plan is required to mitigate the effects of the rail spur and Greif Brothers and provide a buffer between the townhomes and single family homes. Screening along 145 Street is also required. Staff needs more time to do a thorough review of the landscaping plan and address issues with street design, driveway access, future development, and the trails and sidewalks. Staff recommends continuing this hearing until the August 26, 2003 meeting. City Engineer Brotzler stated that when the original single family plats were completed by the applicant, the right -of -way for Blanca Avenue was and is platted to 145 Street as part of the single family project. As a result, there is a street and utility project that is under construction at this time. That includes the construction of Blanca Avenue and trail and sidewalk along both sides as well as a trail along 145 Street. Mike Olson, Progress Land Company, stated they will work through the issues with City Staff until the next meeting. They have entered into purchase agreements with two separate entities that would be building the townhomes for this site. Submissions were included for the designs from Keyland Homes. They are looking for some type of criteria for these plans that will be acceptable. Dick Schuller, Keyland Homes, stated they are doing a development similar to this in Lakeville. They would like some feedback to the homes submitted. They have different housing types that will cost approximately $225,000 They also had questions regarding the association and setback requirements. There is a mixture of people buying these homes. Most of the lots are flat and they are looking at putting basements in all of the houses rather than a slab. The yards will be sprinklered and sodded. Planning Commission Meeting Minutes August 12, 2003 Page 7 There was further discussion on architectural design of the detached unit. There was also a discussion regarding construction standards and setbacks. The applicant was informed that this information is in Sections 4:15 and 4:18 of the zoning ordinance. The main issue is that the proposed elevations will fit on the building pads shown on the plat. Chairperson Weisensel opened the public hearing. There were no comments. MOTION by Weisensel to continue the public hearing for Rosewood Village Preliminary Plat until August 26, 2003. Second by Anderson. Ayes: Anderson, Napper, Weisensel, Messner, Zurn. Nays: 0. Motion carried. Old Business: None. New Business: None. Director's Report: Staff is anticipating a joint meeting with the City Council on September 16, 2003 at 6 p.m. to discuss some issues and the possibility of consolidating some of the meetings. There being no further business to come before this Commission, upon Motion by Weisensel, and upon unanimous decision, the meeting was adjourned at 8:13 p.m. Respectfully Submitted, Chantel Nelson Recording Secretary PLANNING COMMISSION MEETING MINUTES AUGUST 26, 2003 PAGE 1 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, August 26, 2003. Chairperson Jeff Weisensel called the meeting to order at 6:30 p.m. with Commissioners Myron Napper, Jason Messner, and Terry Zurn present. Commissioner David Anderson was absent. Also in attendance were City Planner Rick Pearson, Project Engineer Anthony Aderhold, and Assistant Planner Jason Lindahl. The meeting was opened with Pledge of Allegiance. Agenda Changes: None. Audience Input: None. MOTION by Zurn to approve the August 12, 2003 Regular Planning Commission Meeting Minutes. Second by Napper. Ayes: Napper, Weisensel, Messner, Zurn. Nays: 0. Motion carried. Chairperson Weisensel confirmed with the recording secretary has placed on file with the City all Affidavits of Mailing and Postings of a Public Hearing Notice and Affidavits of Publication concerning the public hearings on the agenda. Public Hearing: Rosewood Village Preliminary Plat This hearing was continued from August 12, 2003. The hearing is for the northern edge of the Rosewood development south of 145 Street and west of Biscayne Avenue. The plans show the 53 detached townhouse units. The single family portion of this development already has final plat approval. Some revisions have been made to the plan to show the street connection for the eastern townhouse loop connecting to the public street; however, more revisions are expected and the developer has requested a continuance of this hearing. Chairperson Weisensel opened the public hearing. There were no comments. MOTION by Weisensel to continue the public hearing until September 9, 2003. Second by Messner. Ayes: Napper, Weisensel, Messner, Zurn. Nays: 0. Motion carried. Public Hearing: Metro Classic Homes Site Plan Review This hearing was continued from August 12, 2003. This site plan review is for a 6,157 sq. ft. multi- tenant office building to be built on .90 acres located between 151 Street and Carrousel Way on the east side of Chippendale Avenue. The building will have office for Metro Classic Homes and two separate areas for lease. The site meets or exceeds standards and Staff is recommending approval. The Conditional Use Permit is for the multi- tenants and Staff is recommending approval of that also. Chairperson Weisensel opened the public hearing. There were no comments. MOTION by Weisensel to close the public hearing. Second by Napper. Ayes: Weisensel, Messner, Zurn, Napper. Nays: 0. Motion carried. PLANNING COMMISSION MEETING MINUTES AUGUST 26, 2003 PAGE 2 MOTION by Zurn to approve the site plan and conditional use permit for Metro Classic Homes subject to: 1. Planting two additional deciduous trees to fulfill the tree preservation requirements. 2. Submissions and approval of a comprehensive sign plan. 3. Incorporation of recommendations of the City Engineer as outlined in the memo dated August 19, 2003. 4. Payment of all applicable development fees. 5. Issuance of a building permit. 6. Conformance to all other standards and conditions of other City Staff. Second by Messner. Ayes: Messner, Zurn, Napper, Weisensel. Nays: 0. Motion carried. The applicant may apply for a building permit if the site plan is not appealed within ten working days. The conditional use permit will go on to City Council in September. Public Hearing: James McMenomy Side and Rear Yard Variance Petition The applicant is requesting a variance to the side and rear yard setbacks to construct a 572 sq. ft. garage on his property at 3105 146 Street West. The property is zoned R1A Low Density Residential and has a 25 foot rear yard setback and a 5 foot side yard setback. The proposed location of the new garage would put it 3 feet from both the side and rear property lines. It would replace a single stall garage that is setback 11/2 from the rear property line and 41/2 feet from the side property line. Staff is recommending approval of this variance as long as the applicant retains a 5 foot setback from both the side and rear property lines. There was a discussion on the R1A zoning district and issues this neighborhood faces with lot dimensions and setbacks. James McMenomy, 3105 l46 Street West, stated he would dismantle the old garage and put up the new 22 x 26 garage and maintain the 5 ft. setback on the side and rear. Chairperson Weisensel opened the public hearing. Jerry Stoffel, 3100 146 Street West, stated the houses in this area are World War II era. The houses are smaller and were situated pretty much in the center of the lot. It is hard to squeeze garages on these lots with the house lay -outs. The current garage is small for a family that is growing. He supports the variance. MOTION by Weisensel to close the public hearing. Second by Zurn. Ayes: Zurn, Napper, Weisensel, Messner. Nays: 0. Motion carried. MOTION by Messner to approve a 20 ft. rear yard setback variance for the property at 3105 146 Street West subject to: 1. Issuance of a building permit. 2. The proposed garage shall be at least three feet from any adjacent structure or be constructed to meet all fire protection standards outlined in the Building Code. S econd by Napper. Ayes: Napper, Weisensel, Messner, Zurn. Nays: 0. Motion carried. PLANNING COMMISSION MEETING MINUTES AUGUST 26, 2003 PAGE 3 MOTION by Weisensel to deny a 2 ft. side yard setback variance for the property located at 3105 146 Street West. Second by Zurn. Ayes: Napper, Weisensel, Messner, Zurn. Nays: 0. Motion carried. Mr. Pearson stated the applicant could apply for a building permit if no appeal is received within ten working days. Public Hearing: Uitdenbogerd Property /Basic Builders Preliminary Plat This item has previously been before this Commission and the applicant had requested an extension of the review time for this project. This preliminary plat is for the approval to subdivide 1.66 acres into four single family lots. There will be two shared driveways accessing Dodd Boulevard. With the exception of Lot 1, the lots meet the standards for the R1A zoning district. The applicant has discovered a title issue with this property which may require some redesign. The applicant has proposed two alternative options and would like direction from the Commission on which plan would be best. The approved concept has three lots fronting on Dodd and the fourth lot being a flag lot with a narrow strip of land for a driveway. One alternative shows the flag lot being reversed with a driveway on the east side just west of the hedge. This would have less impact on neighboring property owners. The other alternative has two lots fronting on Dodd Boulevard and two parcels stacked with a shared driveway going through the middle of the property so it doesn't impact the neighboring properties. Staff believes there are pros and cons to each of these ideas. Ed McMenomy, Basic Builders, stated that while looking at this plan they discovered a gap on the east side of the property. It would be difficult to get marketable title on this gap and he would like to work with the neighbors. It is vital to follow the approved concept and get four lots on this property. He is interested in finding out which plan the Commission and neighbors would prefer. He prefers the plan that is like the approved concept. They are going to put in a holding pond to help with the drainage issues and they will a berm to help the drainage flow to the pond. They have significant landscaping on the perimeter of the property and along Dodd Boulevard. Chairperson Weisensel opened the public hearing. Karan Danay, 14655 Cimarron Avenue, is concerned with the Lot 4 flag lot. In the spring during the snow melt they have streams in their back yards. Where will the snow from this driveway go? She has small children and is concerned about this long driveway. She asked if the lots will be walkouts and if the property would be raised at all. She was also concerned with the trees and what will happen to their roots during the construction of this site and from the increased water. Shawn Nichol, 14714 Colorado Avenue, has concerns with the previous plan with the driveway on the west side of the property. He lives on the corner and gets a lot of foot and bike traffic cutting through his yard to get back to Dodd Boulevard. He feels a driveway will only encourage that traffic. He is concerned with the drainage on all three plans. He gets a lot of standing water during the snow melt and has a steady stream running under his fence. He feels PLANNING COMMISSION MEETING MINUTES AUGUST 26, 2003 PAGE 4 he will get more water from the proposed pond. The pond will also attract mosquitoes and bugs. Having that open area was a big factor in buying his house. He is not interested in doing an easement for access to this lot. Terri Huebner, 3795 147 Street, stated she is a licensed wildlife rehabilitator. She has lived here for over 10 years and picked the property to do the work she does with wildlife. She does this on a volunteer basis and is dedicated to it. She stated there are extremely old growth trees on the property, including black walnut trees. The land provides a lot of food and shelter for the wildlife. The wildlife will lose their lives if this land is developed. She stated this area is beauty to the City of Rosemount. She is also concerned with the flag lot and how the fire department will find this house since it will be hidden from Dodd Boulevard. Bea Samas, 14709 Cimarron Avenue, is concerned with the house in the back on the flag lot. She felt the issue is finding the house in the case of emergency and safety. She wondered how the driveway would work with the fire and rescue and who would be responsible for the lives of those in that house. She felt there was an issue with the snow removal. It will always go into someone's yard or against their house. She felt this would create property and house rage. If privacy fences are put in then this house would be a stockade which would be a perfect place for illegal activity. She was concerned about the pond becoming a garbage pond. Although the area may support the four dwellings but the configuration of the property does not because it is long and narrow. Emily Rekstad, 14687 Cimarron Avenue, stated that the four lots then the idea of preserving open space is being compromised. In exchange for that the City is lessening the lot frontage standard in exchange for shared driveways, enhanced landscaping and berming, and higher architectural quality features. She feels this compromises the neighbors. The houses along Dodd Boulevard have their backyards facing Dodd. She is concerned with the increased drainage and the effect it will have on her trees. She stated the pond was also an issue. She said it seemed like the original plans were scrapped and felt the project should go back to square one. Chairperson Weisensel stated the issues are the water drainage and ponding, snow removal, fire truck access and safety, the approval process, walkout lots, and the open space and wildlife. Project Engineer Aderhold stated Lot 1 has a natural low area. They looked at the drainage and amount of flow going there. The run -off rate is being increased with the added houses and impervious surfaces but with the proposed grading and increasing the ponding area they are meeting the city's rate control before it leaves the site. The pond will be an infiltration pond so there would not be standing water in the pond. Water generated on this property will drain into the pond. The proposed berm is to direct the water to the pond. There is a drainage and utility easement for the outlet of that pond and the amount of water leaving the site after post development would be the same as pre development with the pond site. The fire trucks could access this site from 147 Street through the utility easement. Mr. Pearson further discussed the issues listed above. There was some discussion on the landscaping and tree preservation. More detailed plans will be brought back with the PLANNING COMMISSION MEETING MINUTES AUGUST 26, 2003 PAGE 5 preliminary plat for the plan the Commission likes best. Mr. McMenomy did state that there are two flat lots and two look -out lots. There are no walkout lots. The Commissioners agreed that the plan showing the flag lot as Lot 3 because there would be less impacts to the neighbors. MOTION by Weisensel to continue the public hearing until September 9, 2003. Second by Napper. Ayes: Weisensel, Messner, Zurn, Napper. Nays: 0. Motion carried. Public Hearing: Community of Hope Lutheran Church Zoning Text Amendment The Church is looking into developing the 8 -acre site on the northwest corner of 145 Street and Biscayne Avenue. The property is zoned BP -1 which does not allow churches. The Church would like to amend the zoning ordinance to allow churches. They would like to construct a building that could easily convert to Business Park uses for resale. While this proposal could raise the concern of opened up the Business Park district to tax- exempt institutional uses, the overlay districts offer a solution to minimize the exposure of these types of uses. The BP -4 district is usually on the outer edge of the Business Park and is a transitional area. Multiple family housing is a permitted use via the PUD process. Churches could be added as a conditional use under the BP -4 district. This district has become a medium residential district. Under the R -2 and R -3 residential districts, churches and places of worship are conditional uses. Therefore, Staff recommends approval of the zoning text amendment to allow churches and places of worship as a conditional use in the BP -4 district. This is the first step to allow the church in the BP -4 district, then there would be an application to rezone the land from BP -1 to BP -4, and finally they would apply for a conditional use permit that would deal with the development and site issues. Per Nilsen, Pastor of Community of Hope Lutheran Church, asked for clarification on the future rezoning and if the rezoning and conditional use permit fall under the same timeline to expedite the process. Mr. Pearson stated the rezoning would not need approval from the Met Council and that the rezoning and CUP could run concurrently but the rezoning would have to happen first. Chairperson Weisensel opened the public hearing. There were no comments. MOTION by Weisensel to close the public hearing. Second by Napper. Ayes: Messner, Zurn, Napper, Weisensel. Nays: 0. Motion carried. MOTION by Messner to recommend that the City Council amend the BP -4 Zoning District to include churches and places of worship as a conditional use. Second by Zurn. Ayes: Zurn, Napper, Weisensel, Messner. Nays: 0. Motion carried. Mr. Pearson stated this will go to City Council on September 16, 2003. Old Business: None. New Business: None. Director's Report: None. PLANNING COMMISSION MEETING MINUTES AUGUST 26, 2003 PAGE 6 There being no further business to come before this Commission, upon Motion by Weisensel, and upon unanimous decision, the meeting was adjourned at 8:09 p.m. Respectfully Submitted, Chantel Nelson Recording Secretary PLANNING COMMISSION MEETING MINUTES SEPTEMBER 9, 2003 PAGE 1 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, September 9, 2003. Chairperson Jeff Weisensel called the meeting to order at 6:30 p.m. with Commissioners David Anderson and Jason Messner present. Commissioner Terry Zurn was absent. Also in attendance were City Planner Rick Pearson, Project Engineer Anthony Aderhold, and Assistant Planner Jason Lindahl. The meeting was opened with Pledge of Allegiance. Agenda Changes: None. Audience Input: None. MOTION by Messner to approve the August 26, 2003 Regular Planning Commission Meeting Minutes. Second by Anderson. Ayes: Anderson, Weisensel, Messner. Nays: 0. Motion carried. Commissioner Myron Napper arrived at the meeting at 6:32 p.m. Chairperson Weisensel confirmed with the recording secretary has placed on file with the City all Affidavits of Mailing and Postings of a Public Hearing Notice and Affidavits of Publication concerning the public hearings on the agenda. Public Hearing: Rosewood Village Preliminary Plat This preliminary plat is for the townhouse portion of the Rosewood Village development south and east of Greif Brothers and south of 145 Street. They have modified the access to the future development by creating another access point to make a looped street that will have turn- arounds specified by the Fire Marshal. Some of the longer driveways have been consolidated and replaced by reorientating the units. They have made slight revisions to the private street design to increase the off -set between the single family cul -de -sac and the southeasterly loop entrance to the detached townhomes to 265 feet. As a result of these revisions, there are now 61 total units. Other changes that will need to be made include units 14 and 15 meeting the 30 foot setback requirement from Lot 1, Block 1 and unit 4 needs to meet the minimum 20 foot setback to the common driveway. Additional landscaping will be needed for units 3, 4, and 10 to screen the common driveway. They also need to add more landscaping between units 12 -20 across from Lots 1, 17, 18, 20, and 21, Block 1 to screen the driveway from single family Lots 17 and 18. Mike Olson, Progress Land Company, was present to answer any questions. Chairperson Weisensel opened the public hearing. There were no comments. MOTION by Weisensel to close the public hearing. Second by Napper. Ayes: Napper, Weisensel, Messner, Anderson. Nays: 0. Motion carried. MOTION by Messner to recommend that the City Council approve the preliminary plat for the Progress Land Company detached townhouses subject to: PLANNING COMMISSION MEETING MINUTES SEPTEMBER 9, 2003 PAGE 2 1. Execution of a PUD Agreement to secure the expectations of the Developer installed amenities and improvements including architectural and landscaping exhibits and any concessions made by the City. 2. Incorporation of recommendations relative to drainage, easements, grading, street design and utilities by the City Engineer. 3. Conformance with all applicable building and fire codes with emphasis on circulation and maneuvering for emergency vehicles and fire hydrants as directed by the Fire Marshal. 4. Execution of a subdivision development agreement and conformance with the requirements for final plat. 5. Plan revisions as noted above in "Housing Discussion" items 1 -4. 6. Landscape Plan revision enhancing landscaping as noted in item 4 above, and to ensure sufficient space for the required landscaping in conformance with concept approval. 7. Recording of homeowners' association documents in a form acceptable to the City Attorney to secure perpetual maintenance and repair responsibilities for all common open space including common driveways and landscaping. 8. The City does not guarantee that the number of dwellings will not be reduced to bring the PUD in conformance with applicable standards. Second by Anderson. Ayes: Weisensel, Messner, Anderson, Napper. Nays: 0. Motion carried. Mr. Pearson stated this will go to City Council probably on October 7, 2003. Public Hearing: Uitdenbogerd Property /Basic Builders Preliminary Plat This preliminary plat was continued from the August 26, 2003 meeting. The preliminary plat is to subdivide 1.66 acres into four single- family lots. At the previous meeting, the developer presented the Commission with three alternative designs. The developer was anticipating having detailed drawings for the preferred concept in time for this meeting but was unable to meet the deadline. Therefore, the developer is requesting this hearing be continued to the September 23, 2003 Planning Commission meeting. Chairperson Weisensel opened the public hearing. Bea Samas, 14709 Cimarron Avenue, presented a letter to the Commission from several of the adjacent property owners expressing their concerns over this concept plan. MOTION by Weisensel to continue the public hearing until September 23, 2003. Second by Messner. Ayes: Messner, Anderson, Napper, Weisensel. Nays: 0. Motion carried. Public Hearing: Danner, Inc. Conditional Use Permit Marlon Danner is seeking approval of a conditional use permit that will allow the placement of a concrete and wash plant on their property. Since there is a mineral extraction permit on this property, the concrete and wash plant would have the conditional use permit approval. The site is in compliance with standards and Staff recommends approval. Chairperson Weisensel opened the public hearing. There were no comments PLANNING COMMISSION MEETING MINUTES SEPTEMBER 9, 2003 PAGE 3 MOTION by Weisensel to close the public hearing. Second by Anderson. Ayes: Anderson, Napper, Weisensel, Messner. Nays: 0. Motion carried. MOTION by Anderson to approve the site plan to allow the placement of a concrete and wash plant on the property located 1.25 miles east of STH 52/56 and 1/4 mile south of CSAH 42. Second by Napper. Ayes: Anderson, Napper, Weisensel, Messner. Nays: 0. Motion carried. MOTION by Weisensel to recommend that the City Council approve a conditional use permit to allow the placement of a concrete and wash plant in association with the mineral extraction permit on the property located 1.25 miles east of STH 52/56 and 1/4 mile south of CSAH 42 subject to: 1. Maintain conformance with the approved site plan. 2. Maintain conformance with the existing mineral extraction permit. Second by Napper. Ayes: Napper, Weisensel, Messner, Anderson. Nays: 0. Motion carried. Mr. Pearson stated the conditional use permit will be on the City Council consent agenda probably on October 7, 2003. Old Business: None. New Business: None. Director's Report: City Administrator Jamie Verbrugge is working on scheduling a tour for the downtown redevelopment process and would like to extend an invitation to the Planning Commission. It is tentatively scheduled for October 4, 2003 at 8:30 a.m. The November 11, 2003 Planning Commission meeting is on Veteran's Holiday. The Commission will need to either reschedule the meeting or cancel it. The Commission will make a decision by mid October. There being no further business to come before this Commission, upon Motion by Weisensel, and upon unanimous decision, the meeting was adjourned at 6:53 p.m. Respectfully Submitted, Chantel Nelson Recording Secretary PLANNING COMMISSION MEETING MINUTES SEPTEMBER 23, 2003 PAGE 1 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, September 23, 2003. Chairperson Jeff Weisensel called the meeting to order at 6:30 p.m. with Commissioners David Anderson, Myron Napper, and Terry Zurn present. Commissioner Jason Messner was absent. Also in attendance were City Planner Rick Pearson, Project Engineer Anthony Aderhold, and Assistant Planner Jason Lindahl. The meeting was opened with Pledge of Allegiance. Agenda Changes: None. Audience Input: None. MOTION by Zurn to approve the September 23, 2003 Regular Planning Commission Meeting Minutes. Second by Anderson. Ayes: Anderson, Napper, Weisensel, Zurn. Nays: 0. Motion carried. Chairperson Weisensel confirmed with the recording secretary has placed on file with the City all Affidavits of Mailing and Postings of a Public Hearing Notice and Affidavits of Publication concerning the public hearings on the agenda. Public Hearing: Uitdenbogerd Property/Basic Builders Preliminary Plat This item was continued from September 9, 2003. Basic Builders has revised the plan to show the flag lot (Lot 3) to be in the southeast corner of the property with a shared driveway between Lots 2 and 4. The house on Lot 3 is visible from Dodd Boulevard and the driveway no longer impacts any of the surrounding properties. The plat has been redrawn to eliminate the questionable land on the east side and thus saving the lilac hedge. With this revised plan the developer will be able to save more of the trees. The Fire Marshal has reviewed these plans and will accept a 12 foot shared driveway. Staff recommends a five foot setback for the shared driveway to Lot 2 to allow room for snow storage. Cross access easements and joint maintenance agreements will need to be recorded for the shared driveways. All four lots do meet the minimum area standards. Ed McMenomy, Basic Builders, briefly talked about the landscaping plan for this property. They will be doing extensive landscaping along Dodd Boulevard and will be able to preserve many of the old trees. He met with the adjacent property owners and had a good discussion and was able to answer a lot of their questions. There are still some concerns regarding the retention pond on the southern edge of the property and who will maintain that. Chairperson Weisensel opened the public hearing. Bill Huebner, 3795 147 Street West, had concerns with the retention pond and who will be responsible to maintain it and cleaning up the garbage, etc. 111 PLANNING COMMISSION MEETING MINUTES SEPTEMBER 23, 2003 PAGE 2 Mr. McMenomy stated they will look to the City and how they want to handle the pond. If there is an easement then the City would do the maintenance; however, day -to -day litter would be the responsibility of the homeowners. It will also depend on the type of landscaping the City will require around the pond. This would not be treated as a wetland. Bea Samas, 14709 Cimarron Avenue, still has an issue with the house on the flag lot for safety reasons. She was concerned how this house would be protected and how the fire trucks and emergency vehicles would get to it. She felt people were being put in harms way as well as the surrounding neighbors because the lot is restricted. Mr. Pearson stated that the Fire Marshal has reviewed the revised plans and feels they are better than the original submission. There is a fire hydrant on Dodd Boulevard. MOTION by Weisensel to close the public hearing. Second by Napper. Ayes: Napper, Weisensel, Zurn, Anderson. Nays: 0. Motion carried. MOTION by Anderson to recommend that the City Council approve the Preliminary Plat and PUD for the Uitdenbogerd Property subject to: 1. Compliance with the requirements for final plat including execution of a subdivision development agreement to secure public infrastructure and private improvements including landscaping. 2. Recording of cross access and shared maintenance agreements for the properties depending on the shared driveways. 3. Incorporation of recommendations by the City Engineer relative to drainage, grading, easements, utilities as specified (but not limited to) in the attached memo dated August 19, 2003. 4. Payment of all applicable development fees as specified in the current fee schedule including four units of Park Dedication and GIS fees. 5. Conformance with all applicable building and fire codes (including the attached memo dated May 14, 2003. Second by Zurn. Ayes: Weisensel, Zurn, Anderson, Napper. Nays: 0. Motion carried. Mr. Pearson stated this will likely go to City Council on October 21, 2003. Public Hearing: Flint Hills Resources Lot Split This is a lot split and lot frontage variance for property located at 12131 Rich Valley Boulevard. Flint Hills owns this land and would like to split off approximately 6.8 acres from the original 52 -acre parcel. The new 6.8 acre lot is on the western edge of the property and currently has the dwelling unit and two accessory structures. The remaining 45 acres will remain undeveloped and owned by Flint Hills. The lot split is necessary to create a lot for the dwelling unit that meets the lot dimension standards. The lot frontage variance is necessary since the property does not have 300 feet of frontage on a public street. There will be access to Rich Valley Boulevard via a 30 -ft driveway easement over Parcel B. Don Kern, Flint Hills, stated there was a well in front of the house. They would like to sell this house and other existing houses to their employees who have been there 20 -30 years. PLANNING COMMISSION MEETING MINUTES SEPTEMBER 23, 2003 PAGE 3 Chairperson Weisensel opened the public hearing. There were no comments. MOTION by Weisensel to close the public hearing. Second by Napper. Ayes: Zurn, Anderson, Napper, Weisensel. Nays: 0. Motion carried. MOTION by Zurn to recommend that the City Council approve the lot split for the property located at 12131 Rich Valley Boulevard subject to: 1. A deed restriction shall be placed on Parcel B to prohibit any residential use or future subdivision of this property. 2. Approval of a lot frontage variance for Parcel A. 3. Dedication of a 30 -foot access easement across Parcel B to allow access to Parcel A from Rich Valley Boulevard. 4. Demonstration that the single family dwelling on Parcel A has water service prior to recording of the proposed lot split. 5. Payment of all applicable development fees as specified in the current fee schedule including one unit of Park Dedication. 6. Conformance with all other requirements of City staff. Second by Napper. Ayes: Zurn, Anderson, Napper, Weisensel. Nays: 0. Motion carried. MOTION by Napper to approve a lot frontage variance for the property located at 12131 Rich Valley Boulevard subject to: 1. Conformance with the approved lot split. 2. Conformance with all other requirements of City staff. Second by Anderson. Ayes: Anderson, Napper, Weisensel, Zurn. Nays: 0. Motion carried. Mr. Pearson said this lot split will go to the City Council on October 21, 2003. Public Hearing: Flint Hills Resources Lot Split /Combination This lot split/combination relates to property located at 13020 Pine Bend Trail. Flint Hills would like to split off 2%2 acres from the adjacent parcel on the north side of this property to create a five acre lot. This would correct a property line running through an existing structure as well as create a lot meeting the standards for the General Industrial zoning district. The northern parcel would then be non conforming in size and access so Staff is recommending that it be combined with the parcel to its north. The five acre parcel will be legal non conforming and the structure can be maintained but cannot be expanded. Chairperson Weisensel opened the public hearing. There were no comments. MOTION by Weisensel to close the public hearing. Second by Zurn. Ayes: Napper, Weisensel, Zurn, Anderson. Nays: 0. Motion carried. MOTION by Anderson to recommend that the City Council approve the Lot Split /Combination for the property located at 13020 Pine Bend Trail subject to: 1. Any expansion of the use or property will be required to conform with the GI General Industrial district performance standards. PLANNING COMMISSION MEETING MINUTES SEPTEMBER 23, 2003 PAGE 4 III 2. Combine Parcel 1 with the property directly to the north to eliminate this non conforming lot and allow access to a public street. 3. Provide a trail easement to Dakota County along Pine Bend Trail. 4. Conform with all applicable utility standards as outlined by the Building Official. 5. Conform with all other requirements of City staff and payment of all applicable development fees as specified in the current fee schedule. Second by Napper. Ayes: Weisensel, Zurn, Anderson, Napper. Nays: 0. Motion carried. Mr. Pearson indicated this will go to the City Council on October 21, 2003. Public Hearing: Flint Hills Resources Administrative /Simple Plat This plat concerns one parcel containing eight houses located at 14380 Blaine Avenue. Flint Hills would like to subdivide the land into four individual lots with three of the lots containing a single family dwelling. Lot 4 adjacent to CSAH 42 will remain undeveloped. The remaining five homes on the site will be removed. These four lots will meet the standards. A new access to Lot 3 will need approval by Dakota County. Lots 1 and 2 will share their existing access, and Lot 4 will use its existing access. Each lot has a septic system and drain field with a location for a future drain field that are inspected every two years. There is a well on each site. Chairperson Weisensel opened the public hearing. There were no comments. MOTION by Weisensel to close the public hearing. Second by Napper. Ayes: Zurn, Anderson, Napper, Weisensel. Nays: 0. Motion carried. MOTION by Napper to recommend that the City Council approve the Administrative /Simple Plat for the property located at 14380 Blaine Avenue subject to: 1. Approval of the new access to Lot 3 from Blaine Avenue by Dakota County prior to the recording of this subdivision. 2. Remove the existing driveway accessing buildings A, C, D, F, and G and from the northern edge of Lot 3 to the existing cul -de -sac on Lot 4. 3. Submission of a revised plat in conformance with the right -of -way requirements for Blaine Avenue and CSAH 42 as set forth by Dakota County. 4. Review and approval of the subdivision by the Dakota County Plat Commission in conformance with the Contiguous Platting Ordinance. 5. Demonstrate that each lot has a well, septic system, drain field, and backup drain field in conformance with all Pollution Control Agency (PCA) standards. 6. Dedicate all necessary easements required by the City Engineer including, but not limited to, a shared access and driveway easement for Lots 1 and 2. 7. Payment of all applicable development fees as specified in the current fee schedule including three units of Park Dedication. 8. Remove buildings A, C, D, F, and G prior to recording this subdivision with Dakota County. 9. Conformance with all other requirements of City staff. Second by Zurn. Ayes: Zurn, Anderson, Napper, Weisensel. Nays: 0. Motion carried. This will go to the City Coucil on October 21, 2003. PLANNING COMMISSION MEETING MINUTES SEPTEMBER 23, 2003 PAGE 5 Public Hearing: Community of Hope Lutheran Church Rezoning The Church is requesting the three parcels located at the northwest corner of 145 Street West and Biscayne Avenue be rezoned from BP -1 to BP -4 to enable them to construct a church as a conditional use. The rezoning is consistent with the Comp Plan. This property is a transitional area to the residential uses at Rosewood Village and Bloomfield. Per Nilsen, Pastor of Community of Hope Lutheran Church, supported this rezoning so that they can have church use on this property. Chairperson Weisensel opened the public hearing. There were no comments. MOTION by Weisensel to close the public hearing. Second by Anderson. Ayes: Anderson, Napper, Weisensel, Zurn. Nays: 0. Motion carried. MOTION by Zurn to recommend that the City Council rezone 9.4 acres at the northwest corner of 145 Street West and Biscayne Avenue to BP -4, Business Park. Second by Napper. Ayes: Napper, Weisensel, Zurn, Anderson. Nays: 0. Motion carried. Mr. Pearson stated this will be on the October 21, 2003 City Council agenda. Old Business: None. New Business: None. Director's Report: Due to the holiday on November 11, 2003, the Commission either needs to reschedule the meeting to the Monday or Wednesday, or cancel the meeting. MOTION by Weisensel to cancel the November 11, 2003 meeting. Second by Napper. Ayes: Weisensel, Zurn, Anderson, Napper. Nays: 0. Motion carried. Mr. Pearson reminded the Commission about the downtown redevelopment bus tour on Saturday, October 4, 2003. The bus will leave at 8:30 a.m. There being no further business to come before this Commission, upon Motion by Weisensel, and upon unanimous decision, the meeting was adjourned at 7:32 p.m. Respectfully Submitted, Chantel Nelson Recording Secretary PLANNING COMMISSION MEETING MINUTES OCTOBER 14, 2003 PAGE 1 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, October 14, 2003. Vice Chairperson David Anderson called the meeting to order at 6:30 p.m. with Commissioners Myron Napper, Jason Messner, and Terry Zurn present. Chairperson Jeff Weisensel was absent. Also in attendance were Community Development Director Kim Lindquist, City Planner Rick Pearson, Project Engineer Anthony Aderhold, and Assistant Planner Jason Lindahl. The meeting was opened with Pledge of Allegiance. Agenda Changes: None. Audience Input: None. MOTION by Zurn to approve the September 23, 2003 Regular Planning Commission Meeting Minutes. Second by Napper. Ayes: Napper, Anderson, Messner, Zurn. Nays: 0. Motion carried. Vice Chairperson Anderson confirmed with the recording secretary has placed on file with the City all Affidavits of Mailing and Postings of a Public Hearing Notice and Affidavits of Publication concerning the public hearings on the agenda. Public Hearing: Brockway Site Redevelopment The developer for this project, Contractor Property Developers Company, has requested this public hearing be continued to October 28, 2003. This will give them the necessary time to make plan revisions. Vice Chairperson Anderson opened the public hearing. There were no comments. MOTION by Anderson to continue this public hearing until October 28, 2003. Second by Messner. Ayes: Anderson, Messner, Zurn, Napper. Nays: 0. Motion carried. Public Hearing: Todd Hendry Front and Side Yard Variance Vice Chairperson Anderson recessed the Planning Commission meeting and convened the Board of Appeals Adjustments. Mr. Hendry is requesting a variance to his front yard setback to add a 10' x 10' addition onto the foyer of his house and to his side yard setback to construct a 34' x 26' or 884 sq. ft. garage and living space addition to the side of his home. The applicant has stated that the side yard variance is necessary to alter the existing drainage pattern of his property. Currently the water from the street, driveway and front yard drain into the front of the house and garage creating ice build -ups in the winter. He would like to fill in the low area in front of the existing garage and convert that garage into living space and construct a new garage with living space above. The applicant said the front yard variance is needed to construct a larger entryway and provide additional closet space. Staff recommends denial of these two variances as there are other alternatives that do not require a variance. PLANNING COMMISSION MEETING MINUTES OCTOBER 14, 2003 PAGE 2 Todd Hendry, 2605 132" Street West, commented on the proposed options identified by Staff. He wants to raise the grade of the land because all the water currently flows into the garage and then down a pathway. He wants to fill that in to raise it up and then put in another garage on the side. The foyer addition would be nice to give them space for shoes, coats, etc. It would be too costly to shift everything back seven feet and relocate the septic system. He has not looked into purchasing a section of the land to the southeast of his property. Vice Chairperson Anderson opened the public hearing. There were no comments. MOTION by Anderson to close the public hearing. Second by Zurn. Ayes: Messner, Zurn, Napper, Anderson. Nays: 0. Motion carried. There was some discussion on the setbacks of the surrounding properties. These properties pre existed the rural residential zoning district. Since this property fronts on County Road 38, the County could increase the right -of -way. MOTION by Zurn to deny a 10 foot front yard setback variance at 2605 132 Street West. Second by Napper. Ayes: Zurn, Napper, Anderson, Messner. Nays: 0. Motion carried. MOTION by Napper to deny a side yard setback variance at 2605 132 Street West. Motion died due to lack of second. MOTION by Messner to grant a side yard setback variance at 2605 132 Street West. Motion died due to lack of second. Mr. Pearson stated that Staff would like some direction from the Commission to prepare Findings of Fact to support the variance. These would be brought back at the next meeting. There was further discussion on the various alternatives available. MOTION by Anderson to continue the public hearing for the Todd Hendry side yard variance until October 28, 2003. Second by Zurn. Ayes: Messner, Zurn, Napper, Anderson. Nays: 0. Motion carried. Vice Chairperson Anderson adjourned the Board of Appeals and Adjustments meeting and reconvened the Planning Commission meeting. Public Hearing: Irish Sports Dome Conditional Use Permit This conditional use permit is to allow a sports dome on the north athletic fields of the high school. The dome is 450 feet long by 225 feet wide. The dome will be privately owned and operated and will lease the land from the high school. The facility will be utilized by the school from 5:30 -7:30 a.m. and 1:30 -5:30 p.m. during the school year. Fee paying customers may use the dome during the evenings and weekends. The lease will run for 20 years after which point the dome will be donated to the high school. Parking has been a concern of Staff as the proposal has an undefined demand for parking. There may be 80 -200 stalls available but the zoning ordinance doesn't have specific standards for this type of sports dome. Staff based their PLANNING COMMISSION MEETING MINUTES OCTOBER 14, 2003 PAGE 3 calculation of parking on 82 stalls being provided south of the dome under a proof of parking arrangement and the available stalls in the park parking lot which is 92 -95 stalls. The proof of parking means the developer is willing to build a parking lot south of the dome for their exclusive use but they would prefer not to construct that parking. They want to see how the operation does for a year or two and then build the parking in the future. This could put a burden on the park parking lot. Design refinements are necessary to address drainage, grading, parking, and possible ponding requirements. Staff recommended either approval subject to 17 conditions or a continuance so that further revision could be made to address the outstanding issues. If the continuance was granted, revisions would need to be done by October 21, 2003. Jody Otto, Irish Sports Dome, stated there is an existing bike bath that runs on the south side of the dome to the parking lot at the community center. The issue would be the location of the access to the dome. Students would use the path and walk up to the dome. Eric Heflin, Irish Sports Dome, stated that Rehder Engineering did the preliminary grading and site planning. They did do a study of the watershed and their grading is based on channeling into the existing catch basins that empty into Schwarz Pond Park. There was further discussion on the parking requirements and the access to the dome. Vice Chairperson Anderson opened the public hearing. Diane McNearney, 3335 143 Street West, is concerned with the parking, hours of operation, entrances and exits, noise, lighting, and stormwater run -off. They back up to the high school parking lot and hear everything late into the night. At times it is hard to get off their street. During rain storms the water below them is sometimes waste deep. She is not against sports dome and feels kids should have organized recreation but does have some concerns. Mike Manning, 14287 Belle Court, feels this is a wonderful addition for the High School and the Community. Parking in the park parking lot is a good possibility. It would not be the school's desire to build a parking lot on the south end of the dome and they would like to have all alternatives exhausted first. This dome will be greatly used in the wintertime when there won't be as much traffic in the park. There will be more down time in the summer for the dome when the parks will be busier. High school athletes will use the dome for the majority of the month of August. MOTION by Zurn to continue the public hearing until October 28, 2003. Second by Anderson. Ayes: Zurn, Napper, Anderson. Nays: Messner. Motion carried. Old Business: None. New Business: None. PLANNING COMMISSION MEETING MINUTES OCTOBER 14, 2003 PAGE 4 Director's Report: City Planner Pearson introduced our new Community Development Director, Kim Lindquist. The Commission welcomed her to the City of Rosemount. There being no further business to come before this Commission, upon Motion by Weisensel, and upon unanimous decision, the meeting was adjourned at 7:58 p.m. Respectfully Submitted, Chantel Nelson Recording Secretary PLANNING COMMISSION MEETING MINUTES OCTOBER 28, 2003 PAGE 1 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, October 28, 2003. Chairperson Jeff Weisensel called the meeting to order at 6:30 p.m. with Commissioners David Anderson, Myron Napper, Jason Messner, and Terry Zurn present. Also in attendance were Community Development Director Kim Lindquist, City Planner Rick Pearson, Project Engineer Anthony Aderhold, and Assistant Planner Jason Lindahl. The meeting was opened with Pledge of Allegiance. Agenda Changes: None. Audience Input: None. MOTION by Zurn to approve the October 14, 2003 Regular Planning Commission Meeting Minutes. Second by Napper. Ayes: Napper, Anderson, Messner, Zurn. Nays: 0. Motion carried. Chairperson Weisensel confirmed with the recording secretary has placed on file with the City all Affidavits of Mailing and Postings of a Public Hearing Notice and Affidavits of Publication concerning the public hearings on the agenda. Public Hearing: Brockway Site Redevelopment The redevelopment for the 120 -acre Brockway site will consist of a mix of residential uses and a small commercial area. The developer is anticipating around 600 housing units primarily being a variety of townhomes. The single family homes are on 55 and 70 foot lots. The standard is 80 foot lots. Based on the various reviews and approvals for this project and the impact to the Comprehensive Plan, Staff is recommending the public hearing be continued until November 25, 2003. Project Engineer Aderhold said that a traffic study is being prepared and will be ready for the November 25, 2003 meeting. The access points at STH 3 and Connemara Trail and at STH 3 and CR 38 will be sufficient for the amount of traffic generated by the 600 units. The proposed access to CR 38 may need to be shifted further east to accommodate intersection improvements at STH 3. The stormwater quality, infiltration and rate control requirements are not being met. There is the ability to use off -site ponding west of STH 3, Keegan Lake and the newly built storm pond next to the development. Further information regarding the utilization of off -site ponding will also be prepared for the November 25, 2003 meeting. Homer Tompkins, Contractor Property Developers Company, said they are concerned with the environmental issues. The site is pretty clean but there is some asbestos. They are going to preserve the trees on the southwest corner of the site. The land uses surrounding the site that do affect its value system. Examples would be the trailer park on the south, the railroads tracks on the east and the highway on the west. The price has been difficult as land prices in Rosemount have skyrocketed. They have to buy the land and then incur the cost of demolishing the existing building. The emphasis on this development is stronger neighborhood involvement, stronger public ground spaces. They want this to be self contained to provide an added value to help attract the values they need to. PLANNING COMMISSION MEETING MINUTES OCTOBER 28, 2003 PAGE 2 Tim Witton, Rotlund Company, stated the accesses are to the north and south of the site. They have put the higher density in the middle of the site so that it is more internal. They have put in a round -about and when people become familiar with them they function very well. They have done a round -about with similar density and it has been very successful. They want to enhance the open green space and make it a focal point. He gave an overview of the various amenities they are proposing and they look forward to working out the details with Staff. They have approximately 32.4 acres of open green space, ponding, etc. There are several opportunities to explore with the open space. This is an intergeneration development that touches all facets of the market. Chairperson Weisensel opened the public hearing. William Rohr, 2813 132 Street West, is concerned with the impact to the Comprehensive Plan, stormwater runoff, and the increased traffic. It is already hard getting onto Hwy 3. The Minea property was approved at a higher density which will add to the current traffic problems. He inquired what the utility plans were for CR38 and if those residents will be assessed for the improvements necessary for the Brockway redevelopment. Project Engineer Aderhold outlined the stormwater ponding options available as well as the traffic study that will be prepared for November 25, 2003. There was some discussion on the utilities in that area. City Planner Pearson discussed the comprehensive plan in relation to this redevelopment. The Business Park 4 district does allow multi- density housing so that would have been allowed if proposed. This site is no longer a consideration for the library site. Dan Kehoe, 13100 South Robert Trail, has lived in Rosemount for 43 years with the last 18 years being at this address. He has seen the traffic get worse and worse and it is tough to get onto Hwy 3. He also has kids in school and it is hard to get on Hwy 3 from both the High School and Middle School. The City is getting more building but nothing is being done to improve the highway. He is concerned that any turn lane improvements will start at or near his driveway and he is wondering what that impact will have on his property. He thinks the stop lights will just back -up the traffic. Tom Weis, Superintendent of Brockway Golf Course, is concerned with losing his position and is wondering if this project was going to happen. He has learned this will be an on -going process. He inquired if the developer would keep the course open as long as possible. Homer Tompkins of CPDC stated that they need to close on this transaction by March of 2004. The time -frame is very tight and they feel it will be hard to get any time extensions from the current owner. If everything went as planned, the golf course would not be open next year. Jerry Anderson, 2295 Bonaire Path, asked about the sanitary sewer service to this project and where exactly it will run. There are a lot of problems with sewer around Keegan Lake right now and he is wondering if they will run that sewer around the lake to those homes. PLANNING COMMISSION MEETING MINUTES OCTOBER 28, 2003 PAGE 3 There was further discussion on the stormwater run -off and improvements that can be made to ensure the lake does not flood. This development will be self contained and will be responsible for taking care of the stormwater run -off created by the development. There was some discussion on the commercial area and possible tenants. There was also more discussion on the housing types and the utilization of the green space. Deb Kaczmarek, 13094 Danube Lane, had submitted a letter regarding issues they have had with CPDC in Evermoor regarding stormwater run -off. She stated those issues have since been resolved MOTION by Weisensel to continue the public hearing until November 25, 2003. Second by Messner. Ayes: Napper, Weisensel, Messner, Zurn, Anderson. Nays: 0. Motion carried. Public Hearing: Todd Hendry Variance Chairperson Weisensel recessed the Planning Commission meeting and convened the Board of Appeals and Adjustments. This public hearing was continued from October 14, 2003 to allow the applicant time to explore other options available without the need for a side yard variance. Some of those options were to reduce the size of the garage addition to reduce the variance request or maybe purchasing some property from the neighbor on the south side. Several of the neighboring properties do have side yard setbacks less than the 30 feet standard. There is one property that does have a three -car garage. If this variance is granted, Staff would request a grading plan approval by the City Engineer as a condition. Todd Hendry, 2605 132 Street West, stated that purchasing additional land on the south side is not an option as the owner is currently in a purchase agreement with another buyer. He did do additional measuring and he is willing to reduce the garage to 30 feet and then jog it back 2 feet then the variance required would only be about 2 feet. This would put him within a foot of his septic holding tanks. The dimensions would be 26 x 30 and that would eliminate the front entry door. Chairperson Weisensel opened the public hearing. There were no comments. MOTION by Weisensel to close the public hearing. Second by Zurn. Ayes: Weisensel, Messner, Zurn, Anderson, Napper. Nays: 0. Motion carried. MOTION by Zurn to approve a two foot side yard setback variance for a 26x30 garage addition at 2605 132 Street West subject to: 1. A grading plan review and approval by the City Engineer. Second by Napper. Ayes: Messner, Zurn, Napper, Weisensel. Nays: Anderson. Motion carried. The applicant may obtain a permit unless this variance is appealed within ten working days. PLANNING COMMISSION MEETING MINUTES OCTOBER 28, 2003 PAGE 4 Chairperson Weisensel recessed the Board of Appeals and Adjustments and reconvened the Planning Commission. Public Hearing: Irish Sports Dome Conditional Use Permit The applicant is still in the process of revising the plans for this project. It is recommended that the public hearing be continued to the November 25, 2003 meeting. Chairperson Weisensel opened the public hearing. There were no comments. MOTION by Weisensel to continue this public hearing until November 25, 2003. Second by Messner. Ayes: Zurn, Anderson, Napper, Weisensel, Messner. Nays: 0. Motion carried. Public Hearing: Scott and DeAnn Boecker Side Yard Variance Chairperson Weisensel recessed the Planning Commission and reconvened the Board of Appeals and Adjustments. The applicants have requested a five foot side yard setback variance to construct a third stall onto their existing garage. The proposed addition would be 12 x 20. Several letters in support of this variance were received from surrounding neighbors. Staff feels the applicants do have reasonable use of their property without the variance and that they have not shown a hardship for the subject property. They could redesign their addition to reduce or eliminate the variance request and still gain the additional storage space they want. Therefore, Staff is recommending denial of this variance request. There is the opportunity for Staff to look into the R1A zoning district setbacks should the Planning Commission feet it is necessary. Staff, however, is not recommending changing the current standards. Scott and DeAnn Boecker, 3878 Upper 149 Street West, stated that granting the variance will not adversely affect the public health, welfare and safety of the neighborhood. That is supported by the surrounding neighbors. This is the only location for them to put a third garage stall and if they were not allowed to it would adversely affect them. They need more space and if this was not granted they would be forced to move out of a neighborhood they really like. The house cannot be moved from where it currently sits. If they can't put in the third stall garage, they would be denied the use of their property that many others in their neighborhood have. This addition will not make the neighborhood less enjoyable others. There was some clarification between the drainage and utility easement and the side yard setback requirements. The easement is five feet and the setback is 10 feet. The survey shows the current garage to be approximately 22 feet. Chairperson Weisensel opened the public hearing. PLANNING COMMISSION MEETING MINUTES OCTOBER 28, 2003 PAGE 5 Amy Rowe, 14930 Crandall Avenue, is in favor of this variance. She wants to see improvements to the neighborhood and sees this as an enhancement. It would help block light from Cub and the noise from CSAH 42. There are a lot of 3 -car garages in the neighborhood and would be happy to see the Boeckers improve their property. MOTION by Weisensel to close the public hearing. Second by Anderson. Ayes: Anderson, Napper, Weisensel, Messner, Zurn. Nays: 0. Motion carried. There was a discussion on the amount of variances requested from certain neighborhoods. MOTION by Weisensel to deny the side yard variance for the property located at 3878 Upper 149 Street West. Second by Anderson. Ayes: Napper, Wiesensel, Zurn, Anderson. Nays: 0. Abstain: Messner. Motion carried. The applicants may appeal this decision to the City Council. They must do so in writing within ten working days. MOTION by Messner to City Council to direct Staff to re- examine the R1A zoning district standards. Second by Napper. Ayes: Weisensel, Messner, Zurn, Anderson, Napper. Nays: 0. Motion carried. Chairperson Weisensel adjourned the Board of Appeals and Adjustments and reconvened the Planning Commission. 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 8:33 p.m. Respectfully Submitted, Chantel Nelson Recording Secretary PLANNING COMMISSION MEETING MINUTES NOVEMBER 25, 2003 PAGE 1 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, November 25, 2003. Chairperson Jeff Weisensel called the meeting to order at 6:30 p.m. with Commissioners Myron Napper, Jason Messner, and Terry Zurn present. Also in attendance were Community Development Director Kim Lindquist, City Planner Rick Pearson, City Engineer Andy Brotzler, and Assistant Planner Jason Lindahl. The meeting was opened with the Pledge of Allegiance. Additions to Agenda Mr. Pearson indicated he had received a request from the applicant representing the Pahl Property to withdraw from the Public Hearing scheduled for November 25, 2003 and to reschedule the public hearing at the December 23, 2003 or January 13, 2004 regular meeting. A correction was made to the numbering of the executive summary item 6D. Audience Input: None MOTION by Messner to approve the October 28, 2003 Regular Planning Commission Meeting Minutes. Second by Napper. Ayes: Napper, Weisensel, Messner, and Zurn. Nays: None. Motion carried. Consent Agenda Mr. Pearson explained that items that are expected to not have any discussion will be placed on a consent agenda for action. One motion by the Planning Commission would approve all items on the consent agenda. If a member wants to discuss any items on the agenda, they could pull the item from consent and discussion would occur. MOTION by Weisensel to cancel the December 23, 2003 Regular Meeting and move those items slated for that meeting to the January 13, 2004 Regular Meeting. Second by Messner. Ayes: Weisensel, Messner, Zurn, and Napper. Nays: None. Motion carried. MOTION by Messner to approve the Consent Agenda. Second by Napper. Ayes: Messner, Zurn, Napper, and Weisensel.. Nays: None. Motion carried. a. Irish Sports Dome Conditional Use Permit continue to 12 -9 -03 b. Manley Land Development Lot Split/Combo/Rezoning continue to 12 -9 -03 c. Ron Villella Outlot B Lot Split continue to 1 -13 -03 Chairperson Weisensel confirmed the recording secretary has placed on file with the City all Affidavits of Mailing and Postings of a Public Hearing Notice and Affidavits of Publication concerning the public hearings on the agenda. Public Hearing: Brock Site Redevelopment Cont'd from 10 -28 -03 This public hearing was continued from October 28, 2003 to allow time for the applicant to submit a refined concept plan for the Brockway site. The revised plan includes single family homes, town homes, apartments and senior condos, a 12 acres park on the southwestern corner and a commercial area on the south -east corner of the property. PLANNING COMMISSION MEETING MINUTES NOVEMBER 25, 2003 PAGE 2 City Planner Pearson indicated Met Council would review the comprehensive plan amendment to determine the impact to regional services such as sanitary sewer treatment and transportation. With the approval of this development Mr. Pearson stated that the housing mix would move closer to the comprehensive plan goal. Single family housing is currently at 81% and would move to 76.5% with this subdivision. The comp plan goal is 65 Multi family housing is currently at 18% and with this development would move to 23.4 with a comp plan goal of 35 Mr. Chuck Rickert, representing WSB, presented an overview of the traffic impact study completed for this area. The study looked primarily at the intersections of 132 St/Hwy 3, Connemara Tr/Hwy 3 and site accesses. The study showed that with the development of the Brockway site an additional 3000 cars a day would be generated from the area. Biscayne Point, the Minea site, and St. Josephs Church would also have an impact in traffic generation. The current projections for general traffic growth on Hwy 3 is 3% and do not include this development. When Connemara Tr and CR38 are completed an additional growth factor of 6.5% is projected. The traffic generated by the Brockway site would have to be added into these percentages. The traffic study completed in June of 2003 indicates the ratings for these intersections are currently rated as satisfactory. Traffic projections are for 2008 which is when the site is projected to be fully developed; traffic would be rated at an E -level of service which would be an unsatisfactory rating. With the proposed improvements to this area, the level of service would be brought back to a satisfactory rating. Mr. Rickert indicated that an application has been submitted to MNDOT for cooperative agreement funding to improve Hwy 3. If approved, notification would be in January 2004 with the funding available in 2005. Improvements would include a signal at the Connemara Trail intersection of Hwy 3, left and right turn lanes on Hwy 3 at CR38 no median but stripped lanes, closing the access into the golf course, and providing a signal and a stripped left turn lane at McAndrews /Hwy 3. Discussion ensued regarding the difference between the service level ratings for traffic, comparable intersections, access to Hwy 3 during peak times, the timing of improvements for Hwy 3, and funding for the proposed signals. Tim Whitten, Executive Vice President, Rottlund Companies, briefly recapped the information about the proposed site plan and housing types and was present to answer any questions. Chairperson Weisensel opened the Public Hearing for public comments. Dan Kehoe, 13100 South Robert Trail, expressed concern with the volume of traffic on Hwy 3, the access to and from their existing driveways, and the MNDOT designation of Hwy 3 as a preservation highway. William Rohr, 2813 132 Street West, expressed concern with the ability to make left hand turns from CR38 between the hours of four and seven in the evening and additional concern was PLANNING COMMISSION MEETING MINUTES NOVEMBER 25, 2003 PAGE 3 expressed with the drainage plan for the Brockway site and its effect on ponds in the surrounding areas. Mr. Brotzler, City Engineer, stated storm water issues are expected to be formally addressed at a later time as development of the site progresses. Developments must maintain rate control and run offs from their sites in accordance with City standards. Mr. Rickert explained the study did not address the driveways between old CR 38 and new CR38. Turn lane stripping of Hwy 3 and a widening of the highway could address the issues with the driveways and a signal light would create gaps in traffic. Jerry Anderson, CR38, would like to limit traffic coming onto CR38 until the project is ready to open. Truck and construction vehicles would have to enter the site from Connemara Trail until improvements to CR 38 are complete. MOTION by Zurn to close the Public Hearing. Second by Messner. Ayes: Zurn, Napper, Weisensel, and Messner. Nays: None. Motion carried. MOTION by Messner to recommend that the City Council authorize staff to prepare an amendment to the 2020 Rosemount Comprehensive Plan and forward the amendment to the Metropolitan Council. Second by Zurn. Ayes: Napper, Weisensel, Messner, and Zurn. Nays: None. Motion carried. MOTION by Zurn to recommend that the City Council rezone the housing and commercial land -use areas to be consistent with the amended comprehensive plan and the concept master plan as conditionally approved. Second by Napper. Ayes: Weisensel, Messner, Zurn, and Napper. Nays: None. Motion carried. MOTION by Napper to recommend that the City Council approve the concept master plan for the Brockway site subject to: a. Aligning driveways and street intersections to eliminate off -set intersections with intervals of less than 250 feet. b. Provision of unrestricted turn- arounds with a minimum turning radius of 45 feet for all dead end common driveways or streets exceeding 150 feet, or as approved by the Rosemount Fire Marshal. c. Utilization of the excess lot depth along the outer edge of the single family land use areas to create a greenway for trails /sidewalks and buffering the effects of the traffic and dissimilar land uses. d. Further articulation of high- density amenities, building materials character. In the absence of such details, each building facade shall have a minimum of 25% brick, stucco or stone natural, manufactured or cultured, and monolithic vertical building planes shall be avoided with articulation of dwelling units, windows and balconies. Architectural details such as dormer windows shall be used to provide relief of long roof eves. Primary building entrances shall have a variety of design features including separate gables, verandas or canopies creating significant relief (off -sets in excess of six feet). e. Concept approval does not guarantee the number of dwelling units. PLANNING COMMISSION MEETING MINUTES NOVEMBER 25, 2003 PAGE 4 III f. Incorporation of recommendations by the Parks and Recreation Commission including land dedication of four to ten acres and active public recreational facilities in the private park area with easements as necessary. g. Incorporation of recommendations of the City Engineer relative to access, circulation, drainage, easements, grading, storm water management, traffic and utilities. h. Execution of PUD agreement. i. Preparation of an Environmental Assessment Worksheet and incorporating resulting recommendations into the preliminary plat design. j. Conformance with PUD Final Development Plan/Preliminary Plat and Final Plat requirements. Commissioner Zurn expressed concerns with traffic, the agreement application, and what city is going to do with the traffic lights. Motion seconded by Weisensel. Chairperson Weisensel stated the traffic issues are beyond scope of this project but do have an impact. Suggestions were made to include the Traffic Study as part of the recommended action. MOTION by Weisensel to amend condition 3g to include the Traffic Impact Study dated November 12, 2003. Second by Messner. Ayes: Messner, Zurn, Napper, and Weisensel. III Motion carried. Vote on main motion as follows: MOTION by Napper to recommend that the City Council approve the concept master plan for the Brockway site subject to: a. Aligning driveways and street intersections to eliminate off -set intersections with intervals of less than 250 feet. b. Provision of unrestricted turn- arounds with a minimum turning radius of 45 feet for all dead end common driveways or streets exceeding 150 feet, or as approved by the Rosemount Fire Marshal. c. Utilization of the excess lot depth along the outer edge of the single family land use areas to create a greenway for trails /sidewalks and buffering the effects of the traffic and dissimilar land uses. d. Further articulation of high density amenities, building materials character. In the absence of such details, each building facade shall have a minimum of 25% brick, stucco or stone natural, manufactured or cultured, and monolithic vertical building planes shall be avoided with articulation of dwelling units, windows and balconies. Architectural details such as dormer windows shall be used to provide relief of long roof eves. Primary building entrances shall have a variety of design features including separate gables, verandas or canopies creating significant relief (off -sets in excess of six feet). e. Concept approval does not guarantee the number of dwelling units. f. Incorporation of recommendations by the Parks and Recreation Commission including land dedication of four to ten acres and active public recreational facilities in the private park area with easements as necessary. PLANNING COMMISSION MEETING MINUTES NOVEMBER 25, 2003 PAGE 5 S g. Incorporation of recommendations of the City Engineer relative to access, circulation, drainage, easements, grading, storm water management, traffic and utilities and recommendations of the Traffic Impact Study of November 12, 2003. h. Execution of PUD agreement. i. Preparation of an Environmental Assessment Worksheet and incorporating resulting recommendations into the preliminary plat design. j. Conformance with PUD Final Development Plan/Preliminary Plat and Final Plat requirements. Second by Weisensel. Ayes: Zurn, Napper, Weisensel, and Messner. Nays: None. Motion carried. Public Hearing: Shafer Mineral Extraction Permit Renewal 2004 Assistant Planner Lindahl apprised the Commission of the annual request from Shafer Contracting Company for the renewal of a mineral extraction permit for the site located west of CR 71 and north of CR 38. A revised version of the standards for the 2004 Conditions for Mineral Extraction Permit Renewal, information from the applicant regarding the dust control plan, the latest surety bond, a copy of their current insurance, and a narrative describing the operations of the mineral extraction site for the last six months were distributed. Mr. Lindahl stated the main revision to the standards were the location of the mineral extraction area. The mineral extraction area will take place in phase 3 and the eastern half of phase 4. Mr. Lindahl verified with the Rosemount Police Department that no complaints were noted for this site. Mr. Scott Spisak, of Shafer Contracting Company Inc., was present in the audience to answer questions; and stated that the permit does not have any changes but reflects conditions that were approved by City Council last year. Chairperson Weisensel opened the public hearing. There were no comments. MOTION by Weisensel to close the public hearing. Second by Napper. Ayes: Napper, Weisensel, Messner, and Zurn. Motion carried. MOTION by Weisensel to recommend that the City Council renew the Shafer Mineral Extraction Permit for the period from January 1, 2004 to December 31, 2004, subject to the attached conditions for 2004 and approval by the City Attorney. Second by Zurn. Ayes: Weisensel, Messner, Zurn, and Napper. Nays: None. Motion carried. Public Hearing: Pahl Property Concept Plan Chairperson Weisensel advised this item has been continued to the January 13 2004 meeting but would accept public comments. Chairperson Weisensel opened the public hearing. Mr. Weisensel noted that a series of letters have been forwarded to the recording secretary to become part of the public record. Letters had been noted as received from Geometries dated November 24, 2003, Mittlestaedt dated November 24, 2003, Anna Wachter dated November 21, PLANNING COMMISSION MEETING MINUTES NOVEMBER 25, 2003 PAGE 6 2003, Pulte Homes dated November 25, 2003, and a note from Don Carol Wachter dated November 19, 2003. There were no comments from the audience. MOTION by Weisensel to continue the public hearing until January 13, 2004. Second by Messner. Ayes: Messner, Zurn, Napper, Weisensel. Nays: None. Motion carried. Public Hearing: Abbott Property Preliminary Plat City Planner Pearson apprised the Commission regarding the preliminary plat for Biscayne Pointe North. The development for the 10 -acre site is located south of CR 38 and east of HWY 3 and will consist of 22 single family lots. It is zoned R -1, low density residential and is in the Metropolitan Urban Service Area. The developer has committed to abide by the tree preservation replacement requirements. John Anderson, representing Giles Properties, clarified there would be 2 trees per lot, 4 trees per corner lot, plus 36 trees in this development. Mr. Brotzler said the trail that is proposed on CR 38 would be constructed at the time of the reconstruction of the road itself and the cost would be included in the escrow. There are three lots on the cul -de -sac that would be in need of variances. Applicant asked for direction if granting of those variances would be a possibility. Chairperson Weisensel opened the public hearing. There were no comments. MOTION by Weisensel to close the public hearing. Second by Messner. Ayes: Zurn, Napper, Weisensel, and Messner. Nays: None. Motion carried. The commissioners stated they were not in favor of any variances for this development and expressed concerns with small lots. MOTION by Messner to recommend that the City Council approve the preliminary plat for Biscayne Pointe North subject to: a. Conformance with the requirements for final plat including executive of a subdivisions development agreement. b. Park dedication in the form of cash at the time of Final Plat. c. Revisions to the preliminary plat to eliminate lot dimensional variances to lots 2, 3, 4, 5,6and7,Block2. d. Provision of a cash deposit for the amount of $100 per linear foot for future improvements for County Road 38. e. Incorporation of recommendations from the City Engineer relative to drainage, easements, grading, streets, utilities and plat revisions as specified in the attached memo by the Project Engineer dated November 14, 2003 f. Basswood Street shall be numbered in accordance with the Dakota County Street 9 naming standards. g. Landscape enhancements including 36 trees in conformance with the tree preservation replacement requirements. PLANNING COMMISSION MEETING MINUTES NOVEMBER 25, 2003 PAGE 7 h. Approval of the Dakota County Plat Commission in conformance with the Contiguous Plat Ordinance. i. Completion of public infrastructure and streets in Biscayne Pointe Fifth Addition for access and utility continuity though to Connemara Trail. Second by Zurn. Ayes: Napper, Weisensel, Messner, and Zurn. Nays: None. Motion carried. Old Business: None New Business: Uitdenbogerd Final Plat Jason Lind reviewed the final plat for the Uitdenbogerd property located south of Dodd Boulevard between Covington Avenue and Cimarron Avenue. The request is to subdivide 1.6 acres into 4 single family lots. Staff has found the final plat to be in conformance with the conditions as set forth in the preliminary plat. MOTION by Zurn to recommend that the Planning Commission approve the final plat request from Basic Builders to subdivide the 1.66 acre Uitenbogerd property into four single family lots based on the findings contained in this Executive Summary and subject to the conditions outlined herein. Second by Napper. Ayes: Weisensel, Messner, Zurn, and Napper. Nays: None. Motion carried. Directors Report Kim Lindquist invited the commission members to attend a meeting on December 16, 2003 at the Port Authority for a presentation by Mark Ruff of Ehlers Associates on tax increment financing,. The meeting will start at 5:30 p.m. The Becker variance was on the last City Council meeting and due to an error in notification was continued to the December 2, 2003 meeting. The Council did take testimony at the meeting and there was a great deal of discussion regarding side yard setbacks. Therefore, there will be a workshop on January 14, 2004 at the City Council meeting to discuss single family dwelling setbacks and what may or may not be appropriate. Met Council is working on a new regional development framework that is tentatively scheduled for approval in January of 2004. This would replace the blue print that was approved a year ago. It would impact the local communities because it is the framework that all city comprehensive plans need to comply with. There being no further business to come before this Commission, upon Motion by Weisensel, and upon unanimous decision, the meeting was adjourned at 8:37 p.m. Respectfully Submitted, Maryann Stoffel Recording Secretary PLANNING COMMISSION MEETING MINUTES DECEMBER 9, 2003 PAGE 1 III Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, December 9, 2003. Chairperson Jeff Weisensel called the meeting to order at 6:30 p.m. with Commissioners Anderson, Napper, Messner, and Zurn present. Also in attendance were City Planner Rick Pearson, Assistant Planner Jason Lindahl, and Project Engineer Anthony Aderhold. The meeting was opened with the Pledge of Allegiance. Additions to Agenda None Audience Input: None MOTION by Messner to approve the November 25, 2003 Regular Planning Commission Meeting Minutes as amended. Second by Napper. Ayes: Anderson, Napper, Weisensel, Messner, and Zurn. Nays: None. Motion carried. Chairperson Weisensel confirmed the recording secretary has placed on file with the City all Affidavits of Mailing and Postings of a Public Hearing Notice and Affidavits of Publication concerning the public hearings on the agenda. Chairperson Weisensel recessed the regular Planning Commission Meeting and opened the Board of Appeals and Adjustments. III Public Hearing: Sipe Fence Variance Request Assistant Planner Lindahl reviewed the variance application from Stephen and Roxane Sipe for a 2.5 foot fence height variance to allow the construction of a 6 foot high fence in their front yard along 143 Street and Crofton Court. The reason for the request is to enclose the existing in- ground swimming pool. Discussion ensued regarding fence height limitations, setback areas, front yard setbacks, and safety issues. Roxanne Sipe, 14292 Crofton Court, expressed a desire to build a six foot fence on their property line about 15' from the street. Mrs. Sipe expressed concern with conversations between their landscaper and the city engineer regarding the location of the fence, and the dollars that have been expended for this project for landscaping, a retaining wall, and electrical work. This project is not meeting their envisioned area and they are trying to create a safe space for their children. Discussion ensued regarding the permit for the pool, the surveying of the property, locations of property pins, conversations with the hired professionals, and possible compromises for the fence design/height. Chairperson Weisensel opened the Public Hearing. Ken Sipe, hired landscaper, 10033 Pleasant Avenue, Bloomington was present to recap occurrences relative to the project. PLANNING COMMISSION MEETING MINUTES DECEMBER 9, 2003 PAGE 2 Margaret Jacques, 15130 Dartmoor Court, expressed her empathy for the Sipes and felt that the 6' fence posed no threat or created any visibility problems. MOTION by Weisensel to close the Public Hearing. Second by Zurn. Ayes: Napper, Weisensel, Messner, Zurn, and Anderson. Nays: None. Motion carried. Discussion ensued regarding setbacks from the curb, explanation of street right -of -way, fencing for corner lots in street side yards, the current standards and ordinance in place, definitions of practical difficulty or unnecessary hardship and exceptional or extraordinary circumstances, previously granted variances for similar situations, discussion of fence heights during council work sessions, and enforcement actions against properties that installed fences without permits or erroneously. MOTION by Weisensel to grant the variance. Second by Napper. Discussion continued regarding clarifying the motion to have a 6' foot fence at the property line, the possibilities for compromise, future applications for fencing, administrative steps to prevent erroneous permitting of fences, the recommendation that this ordinance be re- looked at, the specificity of the motion, and the location of the fence. The restated MOTION by Weisensel to grant the variance based on the specific location identified on a map the applicant will provide based on our discussion. Seconded by Napper. 111 Ayes: Weisensel, Zurn, and Napper. Nays: Messner, and Anderson. Motion carried. Public Hearing: Manley Land Development Lot Split /combo/Rezoning Cont'd from 11- 25-03 Assistant Planner Lindahl reviewed the request from Manley Land Development to rezone and subdivide the Manley property located south of 120 Street and north of McAndrews Road. The 20 acre parcel would be rezoned from AG, Agriculture to RR, Rural Residential and would consist of one 5.24 acre residential lot and one 15.41 acre residential lot. Frank Blumdetto, representing Manley Land Development, 12969 Diamond Path, Apple Valley, was present to answer questions regarding this project. Chairperson Weisensel opened the public hearing. Sue Stein, 3820 120 Street West, expressed concern about the proposed shared driveway, the proximately to the wetlands, drainage for the property, ability for other property owners to subdivide and have a shared driveway, and if there are requirements for ponding easements for this applicant as there were for her mother. City Planner Pearson responded that ten years ago there were not many controls in place for ponding areas. This request does include a conservation easement that will protect the buffer area and is more restrictive. Project Engineer, Anthony Aberhold responded that as the project progresses a grading plan will be submitted, city staff has asked for a utility and drainage easement, and a conservation easement up to the 75 foot buffer. PLANNING COMMISSION MEETING MINUTES DECEMBER 9, 2003 PAGE 3 John Sleizer, 4090 120 Street West, expressed concern that this proposal hasn't changed since the previous submission. Areas of concern include the water quality, drain field encroachment, density and wetlands. MOTION by Weisensel to close the public hearing. Second by Anderson. Ayes: Messner, Zurn, Anderson, Napper, and Weisensel. Motion carried. Discussion ensued regarding the impact of surrounding areas, pervious or impervious driveway surface, drain field design/perk test data, and density. MOTION by Messner to recommend that the City Council approve the rezoning from AG, Agriculture to RR, Rural Residential. Second by Zurn. Ayes: Zurn, Anderson, Napper, Weisensel, and Messner. Nays: None. Motion carried. MOTION by Weisensel to recommend that the City council approve the simple plat to allow the subject property to subdivide into 2 single family residential lots, subject to the conditions outlined below. 1. Approval of the rezoning from AG, Agriculture to RR, rural Residential. 2. Approval of a driveway setback variance from 5 to zero feet for Lots 1 and 2. 3. Ensure adequate utilities by demonstrating that each lot can provide a well and both a primary and alternative drain field with no impact on the 75 foot wetland 4. buffer zone. Dedication of all necessary easements as required by the City Engineer including, but are not limited to a shared access and driveway easement to allow access from both properties to 120 Street, drainage and utility easements to the high water elevation of all wetlands, and a conservation easement over the 75 foot wetland buffer area. These easements shall be recorded with the proposed subdivision. 5. Payment of $3,600 in park dedication fees prior to recording the plat. 6. Issuance of a demolition permit to remove any existing structures. 7. Submission of a tree inventory and preservation plan for review and approval by the City prior to City Council action. 8. Submission of a shared maintenance agreement for the shared driveway for review and approval by the City Attorney. 9. Dedication of 0.66 acres of right -of -way to the City for 120 Street. 10. Conformance with all other requirements of City staff and payment of all applicable development fees including, but not limited to, park dedication and GIS fees. 11. Submission of revised plat illustrating no encroachment into the wetland buffer zone by the proposed drain fields or housing pads. Only the shared driveway and any associated grading may encroach into the wetland buffer and any encroachment shall be mitigated on a 2:1 basis. Second by Anderson. Ayes: Anderson, Napper, Weisensel, Messner, and Zurn. Nays: None. Motion carried. MOTION by Weisensel to approve a driveway setback variance from 5 to zero feet for Lots 1 and 2. Second by Messner. Ayes: Napper, Weisensel, Messner, Zurn, and Anderson. Nays: None. Motion carried. PLANNING COMMISSION MEETING MINUTES DECEMBER 9, 2003 PAGE 4 Public Hearing: Irish Sports Dome Conditional Use Permit Cont'd from 11 -25 -03 City Planner Pearson apprised the commission of a meeting with the city officials and the applicant for Sports Dome to activate the process for a traffic study. It was the recommendation to continue this public hearing until January 13, 2004 in order for the traffic study to be completed. MOTION by Weisensel to continue this item to the January 13, 2004 Planning Commission meeting to allow the applicant to revise their plans to address the issues raised by staff. Second by Napper. Ayes: Weisensel, Messner, Zurn, Anderson, and Napper. Nays: None. Motion carried. Chairperson Weisensel adjourned the Board of Appeals and Adjustments and reconvened the Regular Planning Commission meeting. Old Business: None New Business: MOTION by Zurn to recommend a staff study for the street side yard setbacks and to be brought before the City Council for a work session. Second by Weisensel. Ayes: Messner, Zurn, Anderson, Napper, and Weisensel. Nays: None. Motion carried. Directors Report City Planner Pearson invited the Planning Commission to attend the City Council meeting on December 16, 2003 at 5:30 p.m. for a TIF (Tax increment Financing) primer. The Boecker variance for side yard setbacks for garage was not granted on appeal to City Council. City Council indicated they may be reviewing side yard setbacks for garages. There being no further business to come before this Commission, upon Motion by Weisensel, and upon unanimous decision, the meeting was adjourned at 8:40 p.m. Respectfully Submitted, Maryann Stoffel Recording Secretary