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HomeMy WebLinkAbout2004 PLANNING COMMISSION MEETING MINUTES JANUARY 13, 2004 PAGE 1 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, January 13, 2004. Chairperson Jeff Weisensel called the meeting to order at 6:30 p.m. with Commissioners Anderson, Napper, and Zurn present. Commissioner Messner was absent. 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 Zurn to approve the December 9, 2003 Regular Planning Commission Meeting Minutes. Second by Anderson. Ayes: Anderson, Napper, Weisensel, and Zurn. Nays: None. Motion carried. MOTION by Weisensel to approve consent agenda as presented. Second by Zurn. a. Irish sports Dome Continue until January 27, 2004 b. Pulte Homes Residential Concept Continue until January 27, 2004. Ayes: Napper, Weisensel, Zurn, and Anderson. Nays: None. Motion carried. Chairperson Weisensel confirmed the recordin g secretary secretar 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 hearing on the agenda. Public Hearing: Villella Outlot B, Country Hills Lot Split /Combination City Planner Pearson reviewed the application from Ronald Villella to accomplish a series of lot splits and combinations for Outlot B in Country Hills Fifth Addition which Mr. Villella had purchased from U.S. Homes. The proposal splits the outlot into five parcels and combines one parcel with Mr. Villella's property and the remaining four parcels with neighboring properties. Mr. Pearson stated that because this property is undeveloped land, it is being treated similar to other developments with regards to fees associated with typical lot splits /combinations. Mr. Villella was present to answer questions regarding this lot split and made a formal request for abatement of charges associated with the development of Outlot B. Clarification was requested regarding the statement that had US Homes acquired the land, the outlot would have been absorbed by the new development. Mr. Pearson responded that if US Homes had acquired the land west of Outlot B, they would have absorbed the outlot into the new development and paid the charges typically associated with new development. Chairperson Weisensel opened the Public Hearing. PLANNING COMMISSION MEETING MINUTES JANUARY 13, 2004 PAGE 2 Bill Matulka, 13431 Daffodil Path, expressed concern with a "phantom easement" on his property which gives access to Mr. Villella to the outlot. Discussion ensued regarding easements, outlots, and separate parcels of land that may be considered easements. Mr. Pearson reiterated that the strip of land next to Mr. Matulka's property was not relative to the application currently being acted upon. MOTION by Weisensel to close the Public Hearing. Second by Anderson. Ayes: Weisensel, Zurn, Anderson, and Napper. Nays: None. Motion carried. MOTION by Weisensel recommend that the City Council approve the series of lot split/combinations for Outlot B, Country Hills Fifth Addition subject to: 1. Recombination of the outlot parcels with the adjoining lots as requested. 2. Payment of G.I.S. fees according the current fee schedule. 3. The existing drainage and utility easement (for the pond) on Outlot B of Country Hills Fifth Addition shall be maintained in place with the new parcels. 4. With the split and recombination of Outlot B, the following development charges shall be collected: a. Sanitary Sewer Area Charge @$985 /acre x 1.41 acres $1,388.85 b. Water Area Charge $3,820 /acre x 1.41 acres $5,386.20 c. Stormwater Area Charge $3,590 /acre x [1.41 acres -.67 ac] $2,656.60 Second by Napper. Ayes: Zurn, Anderson, Napper, and Weisensel. Nays: None. Motion carried. Old Business: None New Business: Bloomfield 7 Addition Final Plat Assistant Planner Lindahl reviewed the application from Centex Homes for the final plat for Bloomfield 7 Addition. The parcel is located south of the railroad line and north of County Road 42 and would subdivide 27 acres into 33 single family lots. Staff recommended to amend the final plat to change Avanti Avenue to Avanti Street. MOTION by Zurn to recommend that the City Council approve the final plat request for Bloomfield 7 Addition to subdivide approximately 27.1 acres of the Bloomfield development into 33 single family lots based on the findings contained in the Executive Summary dated 1 -13- 04 and subject to the conditions outlined therein with the addition of changing Avanti Avenue to Avanti Street. Second by Napper. Ayes: Anderson, Napper, Weisensel, and Zurn. Nays: None. Motion carried. Directors Report Mr. Pearson indicated that the Sipe variance was appealed by the City Council. A modified variance was granted to allow a 48 inch high fence extending into the street side yard. PLANNING COMMISSION MEETING MINUTES JANUARY 13, 2004 PAGE 3 The City Council will discuss fence regulations at the next Committee of the Whole meeting. A joint worksession for City Council, Port Authority and the Planning commission is scheduled on January 20, 2004 at 5:30 p.m. in the Council Chambers. The meeting is to present information about Tax Increment Financing. There being no further business to come before this Commission, upon Motion by Weisensel, and upon unanimous decision, the meeting was adjourned at 7:07 p.m. Respectfully Submitted, Maryann Stoffel Recording Secretary III II PLANNING COMMISSION MEETING MINUTES JANUARY 27, 2004 111 PAGE 1 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, January 27, 2004. Chairperson Jeff Weisensel called the meeting to order at 6:30 p.m. with Commissioners Napper, Messner, and Zurn present. Commissioner Anderson was absent. Also in attendance were City Planner Rick Pearson, and Assistant Planner Jason Lindahl. The meeting was opened with the Pledge of Allegiance. Additions to Agenda City Planner Pearson presented a correction to the consent agenda. The recommendation was to continue the public hearings on the consent agenda to February 10, 2004. Audience Input: None MOTION by Zurn to approve the January 13, 2004 Regular Planning Commission Meeting Minutes. Second by Napper. Ayes: Napper, Weisensel, Messner, and Zurn. Nays: None. Motion carried. MOTION by Messner to approve consent agenda as amended. Second by Zurn. a. Irish sports Dome Continue until February 10, 2004 b. Pulte Homes Residential Concept Continue until February 10, 2004. Ayes: Weisensel, Messner, Zurn, and Napper. 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 hearing on the agenda. Public Hearing: McMenomy Associates Planned Unit Development Concept Plan Geronime Pond, Outlot D City Planner Pearson reviewed the application from McMenomy Associates for the construction of four buildings consisting of twelve townoffices to be located at the northeast corner of Chippendale Avenue and 160 Street. The property is currently zoned AG and would require rezoing to BP3 or BP4. Access to the site would be along Chippendale Avenue. Mr. McMenomy was present in the audience to answer questions regarding this proposal and stated the reason for the submittal of the concept plan is to confirm the Planning Commission's support for this type of project. With the support of the Planning Commission, Mr. McMenomy will see if there is a market for this type of use. Chairperson Weisensel opened the public hearing. John Henchem, 15779 Cicerone Path, questioned the setback from 160 Street, the zoning south of 160 Street, and the height of the proposed buildings. PLANNING COMMISSION MEETING MINUTES JANUARY 27, 2004 PAGE 2 Mr. Pearson responded that the residential setbacks are larger for busy streets like CR46. The larger setbacks are meant for berming and landscaping. The setbacks for this particular project will be dealt with during the site plan review process. Additional public hearings will be held as this project progresses. The land south of 160 Street is in Empire Township and is not in Rosemount jurisdiction. Mr. Pearson understands that this property will be mined into the distant future. The height of the proposed buildings is consistant with business park standards. MOTION by Weisensel to close the public hearing. Second by Napper. Ayes: Messner, Zurn, Napper, and Weisensel. Nays: None. Motion carried. MOTION by Zurn to recommend that the City Council approve the concept for the McMenomy Office Townhouses subject to: 1. Rezoning the property to BP -3 Business Park. 2. Platting the combined parcels in conformance with the Subdivision Ordinance. 3. Consolidation of the Chippendale Ave. driveways into one in accordance with the recommendations of the City Engineer. 4. Approval of the Dakota County Plat Commission for the driveway proposed to 160 Street West (County Road 46) 5. Site Plan refinements to create vehicle stacking space in front of the overhead doors to reduce circulation conflicts and allow for turning movements. 6. Architectural revisions consistent with BP District standards. 7. Conformance with the requirements for Conditional Use Permits Section 12.7 Second by Messner. Ayes: Zurn, Napper, Weisensel, and Messner. Nays: None. Motion carried. Public Hearing: Ames Construction/Furlong Mineral Extraction Permit Renewal Assistant City Planner Jason Lindahl stated this is a routine renewal for a mineral extraction permit for Ames Construction/Furlong. The pit is one quarter mile south of CSAH42 /TH55, West of Fisher Avenue. There have been no complaints reported regarding this property. The applicant was present in the audience to answer questions. Chairperson Weisensel opened the public hearing. Bob Rotty, Chairman of Nininger Township, stated his main concern was Fischer Avenue and felt that this was addressed adequately. MOTION by Weisensel to close the public hearing. Second by Messner. Ayes: Napper, Weisensel, Messner, and Zurn. Nays: None. Motion carried. MOTION by Messner to recommend that the City Council approve the mineral extraction permit renewal for Tom Furlong /Ames Construction for 2004 subject to the standards outlined in Section 12.4 of the Zoning Ordinance and the attached recommended conditions of operation. PLANNING COMMISSION MEETING MINUTES JANUARY 27, 2004 PAGE 3 Second by Napper. Ayes: Weisensel, Messner, Zurn, and Napper. Nays: None. Motion carried. Public Hearing: Ames Construction /Otto Ped Mineral Extraction Permit Renewal Assistant City Planner Jason Lindahl presented the renewal application for the Ped mineral extraction permit. Mr. Lindahl stated this is a routine renewal for a mineral extraction permit for Ames Construction/Otto Ped. The pit is 1.5 miles east of US 52 /STH 56 and south of CSAH42. There have been no complaints reported regarding this property. The applicant was present in the audience to answer questions. Chairperson Weisensel opened the public hearing. MOTION by Weisensel to close the public hearing. Second by Zurn. Ayes: Messner, Zurn, Napper, and Weisensel. Nays: None. Motion carried. Commissioner Napper reiterated the responsibility of keeping the gate locked at the project site. MOTION by Napper to recommend that the City council renew the mineral extraction permit for the Ped property for 2004 subject to the standards outlined in Section 12.4 of the Zoning Ordinance and the attached recommended conditions of operation. Second by Messner. Ayes: Zurn, Napper, Weisensel, and Messner. Nays: None. Motion carried. Public Hearing: Solberg Aggregate Company Mineral Extraction Permit Renewal Assistant City Planner Jason Lindahl reviewed the renewal application for the Solberg mineral extraction permit. This is a routine renewal for a mineral extraction permit for Solberg Aggregate Company, Inc. The site is located northwest of the intersection of STH 52 and 140`" Street East. This is the final phase of the project and site restoration will occur near the end of 2004. There have been no complaints reported regarding this property. Lauren Howard, Solberg Aggregate Company, indicated this is the last phase for mining. There will be some processing of materials but at the conclusion of 2004 the stock piles would be at a minimal size and all restoration should be completed. Chairperson Weisensel opened the public hearing. MOTION by Weisensel to close public hearing. Second by Messner. Ayes: Napper, Weisensel, Messner, and Zurn. Nays: None. Motion carried. MOTION by Napper to recommend that the City Council approve the mineral extraction permit for Solberg subject to the standards outlined in Section 12.4 of the Zoning Ordinance and the attached draft conditions of operation for 2004. Second by Zurn. Ayes: Weisensel, Messner, Zurn, and Napper. Nays: None. Motion carried. PLANNING COMMISSION MEETING MINUTES JANUARY 27, 2004 PAGE 4 Public Hearing: Vesterra LLC, Mineral Extraction Permit Renewal Assistant City Planner Jason Lindahl presented the renewal application for the Vesterra mineral extraction permit. This is a routine renewal for a mineral extraction permit for Vesterra, LLC. The site is located on the south side of Country Road 38, one mile east of Akron Avenue. There have been no complaints reported regarding this property. Applicant John Chadwick, 11430 Zion Circle, a partner in Vesterra LLC was present to answer questions. Mr. Chadwick indicated the transport of material would be going south until the 117 Street/Highway 52 interchange project has been completed. Chairperson Weisensel opened the public hearing. MOTION by Weisensel to close the public hearing. Second by Napper. Ayes: Messner, Zurn, Napper, and Weisensel. Nays: None. Motion carried. MOTION by Weisensel to recommend that the City council renew the mineral extraction permit for the Vesterra, Inc. property for 2004 subject to the standards outlined in Section 12.4 of the Zoning Ordinance and the attached recommended conditions of operation. Second by Messner. Ayes: Zurn, Napper, Weisensel, and Messner. Nays: None. Motion carried. Old Business: None New Business: Discussion of Lot Depth Definition Mr. Pearson reviewed the definition for lot depth. The current definition measures lot depth at the side lot line. Staff suggested changing the definition to measure lot depth by measuring the mean distance between the front and rear lot lines. This suggestion would eliminate the need for variances for irregular shaped lots. It was the consensus of the Commission to schedule a public hearing and go forward with the change in definition for lot depth. Directors Report Mr. Pearson reminded the Commission that the terms of office for Commissioners Napper and Weisensel expire the end of March. Commissioner Weisensel will not be renewing his term of office. An invitation was extended to the Planning Commission to an open house scheduled for February 5, 2004 at the Community Center starting at 5:30 -8:00 p.m. The purpose of the open house is to unveil the concept plan for the downtown redevelopment. A copy of the draft EAW for the Brockway property was distributed for Planning Commission review. PLANNING COMMISSION MEETING MINUTES JANUARY 27, 2004 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 7:09 p.m. Respectfully Submitted, Maryann St fel Recording Secretary PLANNING COMMISSION MEETING MINUTES FEBRUARY 10, 2004 PAGE 1 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, February 10, 2004. Chairperson Jeff Weisensel called the meeting to order at 6:30 p.m. with Commissioners Anderson, Napper, Messner, and Zurn present. Also in attendance was City Planner Rick Pearson. The meeting was opened with the Pledge of Allegiance. Additions to Agenda There were no additions to the agenda. Audience Input: None MOTION by Messner to approve the January 27, 2004 Regular Planning Commission Meeting Minutes. Second by Napper. Ayes: Anderson, Napper, Weisensel, Messner, and Zurn. Nays: None. Motion carried. MOTION by Anderson to approve consent agenda. Second by Zurn. a. Pulte Homes Residential Concept Continue until March 23, 2004. Ayes: Napper, Weisensel, Messner, Zuni, and Anderson. 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 hearing on the agenda. Public Hearing: Irish Sports Dome City Planner Pearson reviewed the application from Eric Heflin of Irish Sports Dome, L.L.C. This is a continuation of public hearings previously opened, for a Conditional Use Permit for a facility located on School District 196 land directly west of the community center with access via Highway 3 on the east side; Connemara Trail to the north side via Dodd Rd. There have been revisions made to the Site Plan, including parking lots on either side of the Dome on the east side and the north side. There will be 146 parking spots, and additional improvements to the parking lot, including restriping. This public hearing had been previously continued for the Applicant to have a traffic study prepared by the Cities' Engineering Consultant. The result of the study is that there are no immediate improvements required as a direct result of the establishment of the use for this facility. However, future improvements or strategies may be warranted at the year 2010, given the projected overall increase in traffic on Highway 3. There is a new grading plan included. An easement has been requested from the National Guard regarding the storm water pond on the National Guard Armory site. Lighting issues are also being addressed. Staff distributed an additional condition be added to the recommended action: 12. The Conditional Use will be reviewed after one year for the compliance with the standards and conditions of the CUP as approved by Council. The City Council will take action relative to CUP renewal, implementation of additional conditions, or revocation. PLANNING COMMISSION MEETING MINUTES FEBRUARY 10, 2004 PAGE 2 Council retains the authority to review and revoke the CUP at any time as prescribed in Section 12.7.E. Mr. Heflin and Mr. Otto of Irish Sports Dome, L.L.C. were present in the audience to answer questions regarding this application. There was discussion amongst the commissioners regarding issues having to do with the parking lot and other issues. Staff answered that it is not anticipated that the parking lot will be reconfigured, although there are plans to restripe the parking lot. The parking lot is currently paved, but not striped at this time. City Planner Rick Pearson noted that these improvements are addressed as conditions of approval. Chairperson Weisensel opened the public hearing. Chairperson Weisensel asked for public comments. There were no public comments. MOTION by Weisensel to close the public hearing. Second by Messner. Ayes: Weisensel, Messner, Zurn, Anderson, and Napper. Nays: None. Motion carried. Additional discussion took place amongst the Commissioners. The issue of speed control in the parking lot was addressed. City Planner Rick Pearson explained that typical signage and markings would be present in the parking lot to address this issue. Other issues discussed were the longevity of the building and components, and the color recommended by the applicant. Eric Heflin of Irish Sports Dome, L.L.C. came forward to answer questions from the Commissioners. He stated that the longevity of the building is at least 20 years, and after that components can be replaced as reasonable cost. He is recommending a neutral color that would blend with the water tower and the color of the high school. Chairperson Weisensel recommended that the additional condition that staff presented be added, along with "and annually" so the condition would read as follows: 12. The Conditional Use will be reviewed after one year, and annually, for the compliance with the standards and conditions of the CUP as approved by Council. The City Council will take action relative to CUP renewal, implementation of additional conditions, or revocation. Council retains the authority to review and revoke the CUP at any time as prescribed in Section 12.7.E. MOTION by Messner to recommend that the City Council approve the Conditional Use Permit for the Irish Sports Dome, L.L.C. with the following conditions of approval, as amended: 1. Implementation of the recommendations of the Traffic Impact Study and the City Engineer to limit Dodd Road use to exit only, and participation of Irish Sports Dome in funding for their share of future street and highway improvements to manage increased traffic in the vicinity. PLANNING COMMISSION MEETING MINUTES FEBRUARY 10, 2004 PAGE 3 2. Implementation of the recommendations of the Parks and Recreation Commission relative to the impact on Schwarz Pond Park, and execution of a cross access and maintenance agreement for the driveway connection in to the park.. 3. Granting of an easement for the NURP Pond by the National Guard in a form acceptable to the City Attorney. 4. Grading plan revisions in response to City Engineer comments identified in the attached memo dated February 3, 2004. 5. The entire 146 parking stalls will be installed with construction of the dome facility in conformance with City Standards including striping, and curb and gutter. 6. The Dome operations must be consistent with the operational plan submitted to the City and contained within the February 10, 2004 Planning Commission packet. Operations for the Dome must be consistent with commercial activities of the Irish Sports Dome and will be based on staggered start times of 15 to 30 minutes, depending on field configuration. No fields will start or end at the same time. Irish Sports Dome, L.L.C. has represented to the City that no more than 30 vehicles would enter and 30 vehicles would exit at the same time. 7. Modifications of the lighting and photometric plan to eliminate the effects of glare on the adjacent residential use (Bards Crossing) in conformance with City Standards. 8. Landscaping enhancements to reduce the visual impact of the dome from the residential uses to the north. 9. Provision of an exterior trash enclosure, or demonstrate that all trash can be stored within the dome. 10. Payment of all development fees at the time of building permit issuance. 11. Conformance with all applicable building and fire codes. 12. The Conditional Use will be reviewed after one year, and annually, for the compliance with the standards and conditions of the CUP as approved by Council. The City Council will take action relative to CUP renewal, implementation of additional conditions, or revocation. Council retains the authority to review and revoke the CUP at any time as prescribed in Section 12.7.E. Second by Zurn. Ayes: Messner, Zurn, Anderson, Napper, and Weisensel. Nays: None. Motion carried. Public Hearing: Zoning Ordinance Text Amendment: Lot Depth Definition This item is Staff initiated. City Planner Rick Pearson explained the need for a new lot depth definition. Lot Depth is measured along the Side Lot line, actually along the setback. This makes sense in the case of a typically rectangular lot with street frontage on a straight street. Cul -de -sac lots set a different pattern and often have a concave shape as a result of contributing land to the turn- around. The turn- around area doubles the width of the straight street right -of -way. The result is often a lot that has the required depth along the side lot lines, but not in the middle where it counts for the house/building envelope. The suggested solution would be a definition that averages the lot depth. PLANNING COMMISSION MEETING MINUTES FEBRUARY 10, 2004 PAGE 4 Current Definition LOT DEPTH: The shortest distance between the front and rear lot lines, measured at the side yard setback line of the shortest side lot line. Proposed Definition LOT DEPTH: The mean distance between the front and rear lot lines. In order to allow flexibility in determining lot depth for parcels of unusual configuration, lot depth can be measured by averaging side property lines or by measuring a straight perpendicular line extending from the front line to the rear lot line and passing through the building zone, subject to determination by the Community Development Director or the Director's designee. In no case would the perpendicular line passing through the building zone be less than the minimum lot depth standard. Chairperson Weisensel opened the public hearing. MOTION by Weisensel to close the public hearing. Second by Anderson. Ayes: Zurn, Anderson, Napper, Weisensel, and Messner. Nays: None. Motion carried. MOTION by Messner to recommend that the City Council approve the adoption of an ordinance amending Ordinance B, the Zoning Ordinance to change the definition for Lot Depth, as presented. Second by Napper. Ayes: Anderson, Napper, Weisensel, Messner, and Zurn. Nays: None. Motion carried. Old Business: None New Business: None Directors Report Mr. Pearson introduced Kathryn Hogan, new recording secretary. She was welcomed by the Commissioners. There being no further business to come before this Commission, upon Motion by Weisensel, and upon unanimous decision, the meeting was adjourned at 6:56 p.m. Respectfully Submitted, oc q.. 9 A 14 a A i Kathryn Hogan Recording Secretary PLANNING COMMISSION MEETING MINUTES FEBRUARY 24, 2004 PAGE 1 41111 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, February 24, 2004. 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 and Assistant City Planner Jason Lindahl. The meeting was opened with the Pledge of Allegiance. Additions to Agenda There were no additions to the agenda. Audience Input: None MOTION by Messner to approve the February 10, 2004 Regular Planning Commission Meeting Minutes. Second by Zurn. Ayes: Anderson, Napper, Weisensel, Messner, and Zurn. Nays: None. Motion carried. MOTION by Anderson to approve consent agenda. Second by Napper. a. Biscayne Point North Final Plat Ayes: Napper, Weisensel, Messner, Zurn, and Anderson. 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 hearing on the agenda. Public Hearing: Wychor/Rivera Lot Split and Recombination Assistant City Planner Lindahl reviewed the application from Thomas and Mindy Wychor of 3100 145 Street and Benjamin Rivera of 14575 Cameo Ave., requesting a lot recombination to adjust their common property line. Currently, Mr. Rivera has an accessory structure (detached garage) which encroaches approximately 1.6 feet into the Wychors' property. The recombination would transfer a strip of land approximately 58.62 feet wide and 3.6 feet deep in the southeast corner of the Wychors' property to Mr. Rivera. The result would eliminate the encroachment of Mr. Rivera's accessory structure on the Wychors' property. However, it is important to note that Mr. Rivera' accessory structure will remain an illegal non compliant structure. In 1989, the former owner of 14575 Cameo Avenue constructed an accessory building on the property without city approval. In August of that year, the City's Building Inspector noticed this on -going project and notified the property owner that they must contact City Hall and obtain a building permit. Apparently, the owner decided to finish the accessory structure without applying for a permit. In January of 2003, Mindy Wychor of 3100 145 Street contacted the Building Inspections Department regarding the location of the Rivera's accessory structure. It was noted that the accessory structure at 14575 Cameo Avenue encroached onto her property. From City records, it PLANNING COMMISSION MEETING MINUTES FEBRUARY 24, 2004 PAGE 2 appears that the Building Department discussed this complaint with the Planning Department. As a result, the Planning Department informed Ms. Wychor that the accessory structure was built without a permit and is considered an illegal non compliant structure by the City and that resolution of the encroachment issue was a civil matter between the two property owners. While there are several options for resolving this issue, given the inherent difficulties of this situation, staff finds the recombination request the most amicable. In addition, staff finds the recombination consistent with the standards outlined in both the Zoning and Subdivision Ordinances. Therefore, staff recommends approval of this request, subject to the conditions outlined below. It was noted that the driveway on Rivera's property may represent another encroachment on his other neighbor. That would be a separate issue, not addressed with this application. There were no questions or comments from the Commissioners. Chairperson Weisensel asked for comments from the applicants. Thomas Wychor of 3100 145 Street was present to give background about the application. He stated that just for the Commission's information, he was aware that the other neighbor did sell an easement years ago to address the driveway encroachment issue. He also stated that when he purchased his property at 3100 145 St. W., he was assured that the map showing the property boundaries was incorrect. He purchased property title insurance, but there was an exclusion added about the property boundaries to avoid a future claim on his part. He asked that the Commission approve this application in order to take care of this problem. The Commission asked Staff to clarify if this is an easement issue or a land transfer. Assistant City Planner Lindahl answered that it is a land transfer, not an easement. Chairperson Weisensel opened the public hearing. Chairperson Weisensel asked for public comments. There were no public comments. MOTION by Weisensel to close the public hearing. Second by Anderson. Ayes: Weisensel, Messner, Zurn, Anderson, and Napper. Nays: None. Motion carried. MOTION by Messner to recommend the City Council approve the lot recombination request from Thomas and Mindy Wychor of 3100 145 Street Benjamin Rivera of 14575 Cameo Avenue to transfer a strip of land approximately 58.62 feet wide and 3.6 feet deep in the southeast corner of the Wychors' property to Mr. Rivera to eliminate the encroachment of Mr. Rivera's accessory structure on the Wychors' property, subject to the following conditions. 1. The Rivera accessory structure is considered an illegal structure because it was constructed without City approval and fails to meet the setback standards for the PLANNING COMMISSION MEETING MINUTES FEBRUARY 24, 2004 PAGE 3 R -1A District. Approval of this application will eliminate the encroachment of Mr. Rivera's accessory structure on the Wychor property but will not bring Mr. Rivera's accessory structure into legal or conforming status. 2. Approval of this application does not approve or legitimize any existing non- conforming conditions on either the Wychor or Rivera properties. Each property will be required to conform with the existing standards for properties in the R -1A District at such time as improvements are made. Second by Zurn. Ayes: Messner, Zurn, Anderson, Napper, and Weisensel. Nays: None. Motion carried. Old Business: None New Business: None Directors Report Mr. Pearson informed the Commission members that there are no variance requests or discussion items for the next Planning Commission meeting scheduled for Tuesday, March 9, 2004. A lengthy meeting is anticipated for Tuesday, March 23, 2004 when several new applications will be discussed. MOTION by Weisensel to cancel the next Planning Commission meeting scheduled for Tuesday, March 9, 2004 due to the fact there will be no business to discuss. Second by Messner. Ayes: Zurn, Anderson, and Napper, Weisensel, and Messner. Nays: None. Motion carried. There being no further business to come before this Commission, upon Motion by Weisensel, and upon unanimous decision, the meeting was adjourned at 6:45 p.m. Respectfully Submitted, (t-Ari Kathryn HogVn Recording Secretary PLANNING COMMISSION MEETING MINUTES MARCH 23, 2004 PAGE 1 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, March 23, 2004. Chairperson Jeff Weisensel called the meeting to order at 6:34 p.m. with Commissioners Napper, Messner, and Zurn present. Commissioner Anderson was absent. Also in attendance were City Planner Rick Pearson, Assistant City Planner Jason Lindahl, and City Engineer Andy Brotzler. The meeting was opened with the Pledge of Allegiance. Additions to Agenda There were no additions to the agenda. Audience Input: None MOTION by Messner to approve the February 24, 2004 Regular Planning Commission Meeting Minutes. Second by Zurn. Ayes: Napper, Weisensel, Messner, and Zurn. Nays: None. Motion carried. MOTION by Messner to approve consent agenda. Second by Zurn. a. Meadows of Bloomfield Final Plat b. Meadows of Bloomfield 2 Addition Final Plat c. Meadows of Bloomfield 3` Addition Final Plat d. Pulte Homes /Pahl Property Residential Concept. Continue Public Hearing to April 13, 2004 Ayes: Weisensel, Messner, Zurn, and Napper. 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 hearing on the agenda. Public Hearing: Brockway Glass Preliminary Plat Lot Combination City Planner Rick Pearson presented the Preliminary Plat for Contractor Property Development Company for development of the Brockway Glass site located East of STH 3 between Connemara Trail 132 St. (County Road 38). On January 6, 2004, the City Council approved the Concept Plan for this project. The Preliminary Plat review which follows, provides design details covering overall site development with grading, streets, utilities, landscaping and architecture for the townhomes and single family units. The apartments, senior housing and neighborhood commercial have not been included. Those components of the plan will be for future review, presumably in a subsequent phase of the development. Preliminary plat approval commits the City to lot and parcel size, setbacks and street standards. The next step after preliminary plat approval is final plat. Final plat creates the individual lots and outlots that can be sold and developed. Unless significant plan revisions are requested, no other public hearings are necessary in the planning review process. 1 PLANNING COMMISSION MEETING MINUTES MARCH 23, 2004 PAGE 2 Staff has met with the applicant to discuss the issues raised in the staff report. They are presently looking to make modifications addressing many of the concerns raised. However, given the size and complexity of the Brockway project, staff felt it was important to introduce the project to the Commission now. Staff is recommending tabling based upon the staff discussions but would also like feedback from the Commission regarding any aspect of the project. In that way, future revisions can attempt to address all noted concerns to provide a better project for the community. As stated during the concept plan review, the Brockway site is self contained by the outer edges formed by County Road 38, State Highway 3, Connemara Trail and the Canadian Pacific railroad with a 7.5 acre farm stead on the east side. The preliminary plat organizes the site into a variety of housing neighborhoods, public private streets and public private open space. The density is about 6 units an acre (Gross). If you net out the park area and the public streets, the density is about 8 units an acre. The overall development has a very compact character and as currently proposed includes setback reductions along all internal public streets. All public streets in the development are intended to have a setback of 20 to 25 feet. The goal is to give the development a more intimate character. The architecture contributes towards the concept with front porches and de- emphasized garages. The intended result is a more active streetscape that contributes to a sense of community. The theory is called "neo- traditional design Staff's concern is that the reduced setbacks may push the buildings too close to the internal streets that convey a significant amount of traffic. In discussions with the applicant staff has requested that certain portions of the project have increased setbacks. One area is the single family homes. There the applicant proposed 20' front yard house setbacks with 25' setbacks for the garages. Staff has requested that both of these be increased by 5'. It appears that this is achievable in most if not all of the single family lots due to the proposed depths of the lots. This recommendation would result in a 5' reduction for front yards for the single family homes as compared to the zoning ordinance standards for the R1 District. Two primary access points for the development occur at County Road 38 (132 street Bonaire Path) and at Connemara Trail. A north -south street links bisects the site with a round -about in the middle forming the central intersection, organizing the site into quarters. The preliminary plat includes public streets that are numbered, and private streets that are outlots. The street north of the round -about is labeled Street 1 and south of it is street 6. The round -about connects with the primary east -west street labeled street 4 on the west side and street 5 on the east. Street 5 extends east to the edge and will link with a future connection to County Road 38 through the 7.5 acre farmstead when it develops as a future phase. Generally, only single family homes will have individual driveway connections to public streets (Streets 2 and 3). All of the attached and multiple family housing will utilize shared driveways or private streets that will intersect to public streets. All of the private streets are shown as 22 feet wide. This is a reduction from current ordinance standards for private streets. Staff is recommending that new private streets be a minimum of 28 2 PLANNING COMMISSION MEETING MINUTES MARCH 23, 2004 PAGE 3 feet. There are some fairly lengthy dead end streets that will be expected to be modified before staff would support the street design. One of the features of the development is the roundabout in the center which adds some character to the design. That will have to meet MNDot standards, as well as adjustments made to channel the flow of traffic. There are some areas dedicated to parks and open space. There is an extensive amount of private open space, that will be owned and maintained by homeowners associations. Many will have ponding functions. There is also a pipeline corridor traversing the site. And while development within that corridor will be restricted, it will contribute to the character and provide some open space. If some trails can be built in that area, then there will be some advantage taken of that part of the development. The Parks and Recreation Commission will be preparing a recommendation on the design of the park. That is in process, and their recommendation will be forwarded to the City Council. This evening, because there are some expected design revisions, we are going to recommend that this Public Hearing be continued until April 13 assuming we can get some of those revisions done, and have a thorough review of them. Hopefully there will be a recommendation to forward to the City Council at that time. There will be extensive landscaping along Highway 3 for buffering purposes. There will be trails and sidewalks throughout the development. The through streets will be expected to have a sidewalk on either side, or a trail. And the lesser traveled streets that connect will have a sidewalk on one side. There is an opportunity to put a trail along Hwy 3, but there might be conflicts with the need for berming and landscaping. There will perhaps be an opportunity to bring that trail through the development with design revisions. There is an Environment Assessment Worksheet (EAW) process that is ongoing and required and it will be presented to the City Council. They would consider the final EAW, and at that time, the Council can take action on the Preliminary Plat. City Planner Pearson presented examples of the various planned housing units. City Engineer Andy Brotzler discussed the issue of Hwy 3, and whether it will be expanded. He explained that Hwy 3 is considered a "preserve highway and so MNDot will only invest money to preserve its current status. They will not invest in improvement -type projects such as widening. They will re- surface or make safety improvements as required. City Engineer Brotzler provided background about the wetlands on the property. The city has a Comprehensive Wetland Management Plan that was adopted in 1999. When that plan was done, it was completed by city staff through aerial photos and some limited field work and based on 3 PLANNING COMMISSION MEETING MINUTES MARCH 23, 2004 PAGE 4 1111 that limited information, there were wetlands throughout the city that were identified, mapped and classified. There are several wetlands located on the property. According to the City's Comprehensive Wetland Management Plan, the following wetlands and associated classifications are present on the property: a. Wetland #356 Manage II b. Wetland #408 Manage II c. Wetland #411 Utilize Based on current information, it appears that Wetland #356 and #408 can be reclassified as Utilize wetlands. This will be verified in the spring based on a field review of these two wetlands. Stormwater management issues were discussed. Upon review of the proposed stormwater plan, it has been determined that the City's stormwater goals and policies are primarily achieved with the design. At this time, Staff is working with the developer to review alternatives for managing stormwater in the southern area of the property. Depending on the outcome of this review, the proposed NURP pond and infiltration basin located adjacent to the proposed park may be eliminated or reduced in size with off -site ponding being utilized. Also, it should be noted that the plan identifies a temporary basin along TH 3. This basin will be required until such time that off -site regional ponding becomes available on the west side of TH 3. Staff is currently working to negotiate the acquisition of easements for this regional pond. All the city's public streets shown on the plan are shown at 32 feet face to face. That is the city's minimum standard to provide on street parking and to provide areas for pedestrians to walk in the street. Staff is considering allowing the developer to build those streets to 28 feet face to face with parking on one side only and with sidewalks on both sides. This would take pedestrians off the street and limit on street parking. Commissioner Zurn asked about ownership of the off -site ponding on the south side of the development. Brotzler answered that the city has the drainage utilities over that pond. Chairperson Weisensel asked for comments from the applicants. Tim Whitten, Executive Vice President of Rottlund Co. Also of CPDC Development are Mike Waldo, Dave Hempel, and Dan Janocek. Also Corey Meyer of Westwood Professional Services is present. Tim Whitten discussed the theme of the project, and acknowledged that there are changes being made. This is a mixed use development and a life cycle development. There are a number of types of houses in one community, and will incorporate some commercial into the development as well. The intent was to keep the lowest density to the perimeter of the site, and concentrate the highest density internally. It was also a goal to have a strong streetscape throughout the development with the houses facing the streets. In order to accomplish goals such as landscaping, sidewalks and open spaces, the housing had to be concentrated. 4 PLANNING COMMISSION MEETING MINUTES MARCH 23, 2004 PAGE 5 Tim Whitten talked about the general design and presented the different housing units. He discussed the lot sizes and home and garage details. Commissioner Zurn asked if the 8 foot pathways are going to be wide enough for community use. Andy Brotzler replied that the 8 foot wide pathway is the city standard. The possibility of an underpass between the park areas and the ball diamond was discussed. City Planner Rick Pearson replied that the amount of traffic on the interior street does not warrant an underpass. Plus, the pipeline that runs through the area complicates the construction of an underpass. There will be a pedestrian crossing. Rick Pearson discussed the dead end streets and the issue of fire department needs and maintenance needs. Staff is hoping to come back with a revision that makes some of the streets 28 feet wide. Also, turnarounds for fire trucks are being considered, and the design will have to conform to standards. Chairperson Weisensel opened the public hearing. Chairperson Weisensel asked for public comments. 110 Dan Kehoe, 13100 S. Robert Trail. He attended two previous Planning Commission meetings in regard to the issue of added congestion to traffic on Highway 3. He questioned the high density of the units in the development, and how the development will affect citizens' water usage considering the recent sprinkling ban put in affect due to the load on the water towers. Traffic is the main concern. He has discussed the possibility of a center turn lane at 132 St. with the Minnesota Department of Transportation. He would like the city to consider the safety implications of this for the existing homeowners. William Rohr 2813 132 St. W. This is the third Planning Commission meeting attended, plus one Council meeting. He stated that there is great difficulty in making a left hand turn onto 132 Street off of Highway 3. He feels that this project will only make that worse. The issue of stormwater runoff has not been addressed until tonight. With a pond on his property, he currently gets runoff from the west side of Highway 3 and the south side of 132' Street through large culverts under both roads. He feels he should not have to handle additional runoff from the proposed project. City Engineer Andy Brotzler addressed the citizens' comments. He explained the city of Rosemount's policies regarding water usage in the city. As the city continues to develop, there will be strains on the water system. With water conservation in mind, the city is protecting the municipal water system in order to meet the daily demands, and also to get people into the frame of mind to use water wisely. The current watering ban restrictions promote efficient and smart use of the resource. 5 PLANNING COMMISSION MEETING MINUTES MARCH 23, 2004 PAGE 6 In regards to stormwater runoff, City Engineer Brotzler explained that the Brockway project will not direct runoff to any properties other than Keegan Lake, as well as the off -site regional ponds that were shown earlier. The pond in question north of 132 Street may possibly be improved as a part of improvements planned for Co. Rd. 38 in the future. In regards to the traffic issues on Highway 3, City Engineer Brotzler stated that there is a cooperative agreement project with the Minnesota Department of Transportation which would include the installation of signals at Connemara Trail, striping of left turn lanes on Highway 3 at 132 Street, and the addition of a signal system at Co. Rd. 38 (McAndrews Rd.). With the cooperative agreement, there is an annual maximum dollar amount to be spent and this year we already have approached the maximum. Next year we'll make another application for safety improvements along Highway 3 between 132" St. and McAndrews. Commissioner Zurn asked about reducing the speed limits for safety. City Engineer Brotzler explained that the speed limit is regulated by the Minnesota Department of Transportation. Chairperson Weisensel advised the audience members that upon a motion to continue the public hearing, they will have a chance to speak once again at the next meeting. MOTION by Weisensel to recommend that the Public Hearing for the Brockway. Glass Preliminary Plat be continued to the April 13, 2004 meeting. Second by Messner. Ayes: Messner, Zurn, Napper, and Weisensel. Nays: None. Motion carried. MOTION by Weisensel to approve the Brockway Glass application for a Lot Combination. Second by Napper. Ayes: Zurn, Napper, Weisensel, and Messner. Nays: None. Motion carried. Public Hearing: Community of Hope Lutheran Church Simple Plat CUP Assistant City Planner Jason Lindahl presented the application from Community of Hope Lutheran Church, requesting administrative plat and conditional use permit approvals to combine three lots into one property and allow construction of a 45,187 square foot church building on the property located on northwest corner of Biscayne Avenue and 145 Street. A church use is a conditional use in the Business Park Districts. This building will contain the new church facilities for the Community of Hope Lutheran Church. As designed, the site has the potential to accommodate two additional expansions which could more than double the size of the building. The applicant plans to combine Parcels A, B, and C into one property totaling approximately 8.64 acres (including right -of -way). Staff recommends a condition of approval require the applicant to submit a plat of the new combined property including a new legal description, all necessary easements, and dedication of rights -of -way prior to City Council action on this application. 6 PLANNING COMMISSION MEETING MINUTES MARCH 23, 2004 PAGE 7 The proposed plat conforms with the lot performance standards for properties in the BP -4 District. The proposed church use is consistent with the current land use and zoning designations for the subject property. Staff finds that the proposed building meets the exterior materials standards for properties in the BP -4 District outlined in Section 7.2.A of the Zoning Ordinance. The proposed building will have precast concrete panel walls with two smooth cast -in accent bands along the front three sides of the building and along the northeast (back) entrance. The building will have three main entrances each accented with a spandrel glass system and two colors of rock faced block. The building will need roof top equipment and the applicant should provide staff with a plan illustrating how the equipment will be screened prior to City Council action on this item. The site exceeds the parking requirements of the zoning ordinance. The applicant proposes a 700 seat sanctuary building and the site does meet the minimum requirements for that. The landscape plan meets the minimum landscape and plantings requirements for a permitted use within the BP District. However, churches are a conditional uses in the BP District and subject to higher standards. As a result, staff recommends minor changes to increase screening and the overall year -round appearance of the site. The Zoning Ordinance requires all area not occupied by building or hardcover be landscaped with sod, rock, or mulch. The landscape plan calls for sod in the green areas between the front parking lot and Biscayne Avenue and 145 Street. The remaining green areas will be seeded except the parking lot islands, which will contain mulch. Staff recommends that sod replace seed between the building and the parking lot along the northwest, east, and south sides of the buildings and that all areas not planned for future building expansion be irrigated. The plan calls for a mixture of Maple and HoneyIocust overstory trees with spirea, dogwood, and junipers foundation plantings. In addition to the overstory trees, the plan calls for 60 ornamental (Crabapple) trees. Staff is concerned about the balance of deciduous and coniferous trees and its effect on screening and the year -round appearance of the site's landscaping. Therefore, staff recommends that a condition of approval require the applicant to replace Crabapples trees with coniferous tree on the following basis: 2/3 of the Crabapples along Biscayne Avenue and 1/3 of those in the southeast corner of the site and along 145 Street. The grading plan illustrates three foot berms along both Biscayne Avenue and 145 Street as well as a two foot berm in the southeast corner of the site. Together, the proposed landscaping and berming conforms with the minimum parking lot screening requirements for the BP District. The Director of Parks and Recreation recommends a condition of approval require the developer 111 to install a 5 foot wide sidewalk on the east property line along Biscayne Avenue. The applicant should also provide the City with a sidewalk easement around the Northern Natural Gas substation to connect the sidewalks along 145 Street and Biscayne Avenue. 7 PLANNING COMMISSION MEETING MINUTES MARCH 23, 2004 PAGE 8 The commissioners asked about the parking requirements, and if the planned parking will meet the needs of the site. Assistant City Planner Lindahl explained that in the BP district, this site can be commercial or church use with the conditional use permit, and either way, the parking meets requirements of both uses. Chairperson Weisensel asked for comments from the applicants. Pat Qualley with Anderson Builders was present to answer questions. He stated that one thing that may need to change in the future, based on the limitations of the sanctuary /church use is the parking requirements. Currently, parking is adequate. He explained the intentions of the applicant as far as the expansions planned. Chairperson Weisensel opened the public hearing. Chairperson Weisensel asked for public comments. There were no public comments. MOTION by Weisensel to close the Public Hearing. Second by Messner. Ayes: Napper, Weisensel, Messner and Zurn. Nays: None. Motion carried. MOTION by Zurn to recommend approval of an administrative plat and conditional use permit to allow the combination of three lots into one property and the construction of a 45,187 square foot church building on the property located on the northwest corner of Biscayne Avenue and 145 Street, subject to the conditions outlined below. 1. Issuance of a building permit. 2. Submittal of a plat illustrating the new combined property including a new legal description, all necessary easements, and dedication of rights -of -way prior to City Council action on this application. 3. Replace seed between the building and the parking lot along the northwest, east, and south sides of the buildings with sod and demonstrate that all areas not planned for future building expansion will be irrigated. 4. Replace Crabapples trees with coniferous tree on the following basis: 2/3 of the Crabapples along Biscayne Avenue and 1/3 of those in the southeast corner of the site and along 145 Street. 5. Install a 5 foot wide sidewalk on the east property line along Biscayne Avenue and provide the City with a sidewalk easement around the Northern Natural Gas substation to connect the sidewalks along 145 Street and Biscayne Avenue. 1111 6. Payment of park dedication fees in the amount of $36,450 on the 8.12 acre parcel. 8 PLANNING COMMISSION MEETING MINUTES MARCH 23, 2004 PAGE 9 7. Payment of all applicable development fees including SAC, WAC, storm water, and GIS fees based upon the fee schedule in place when the building permit is issued and compliance with all conditions of the City Engineer. 8. Conformance with all requirements from the Fire Marshall including: a. This building will be required to have an automatic fire suppression and a automatic fire alarm system installed through the facility. These systems shall be monitored by an approved monitoring company. b. A Post Indicator Valve (PIV) will be required on the water main service to this building. This valve shall be monitored also. c. All water mains that provide fire hydrants to this facility shall be looped. d. No "Parking Fire Lane" signs will be required on all fire department access roads. e. An approved key box for fire department access shall be provided. Second by Napper. Ayes: Weisensel, Messner, Zurn, and Napper. Nays: None. Motion carried. Assistant City Planner Lindahl advised that this item will move on for consideration of approval by the City Council on April 20, 2004, providing all required items are submitted by the applicant as required. Chairperson Weisensel yielded the gavel to Commissioner Messner for the remainder of the meeting, and took his leave. Public Hearing: Lutheran Church of Our Savior Site Plan Review Variance for Landscape vs. Fence Assistant City Planner Lindahl presented the application from Lutheran Church of Our Savior, requesting site plan approval to allow construction of an 8,468 square foot addition to their existing church located at 14980 Diamond Path (corner of Diamond Path and 150 Street). This addition will include a fellowship hall /family life center, kitchen, bathrooms, and a storage room. Should the site plan be approved, the applicant also plans to remodel the existing fellowship hall into four new classrooms, remove the existing indoor landscaped planter in the Narthex, and provide a connecting hallway to the new addition. Additional exterior site improvements include construction of a new trash enclosure, relocation of their existing play structure, excavation of a storm water retention pond in the southwestern corner of the site, and installation of additional landscaping to screen the parking area. 9 PLANNING COMMISSION MEETING MINUTES MARCH 23, 2004 PAGE 10 These improvements constitute the first of three planned expansions. The second phase will include doubling the seating capacity of the existing sanctuary, adding 115 new parking stalls, creating a new vehicle access from 148 Street, and adding six classrooms and an administration area. The third phase of expansion includes four new classrooms. The existing church use and proposed expansion are consistent with the current land use and zoning designations for the subject property. Staff finds that the proposed addition meets the exterior building materials standards outlined in Section 7.2.A of the Zoning Ordinance. Staff finds the existing access and parking lot design consistent with the zoning ordinance standards. As part of the expansion, the applicant will add landscaping and a Cedar fence to increase screening of the parking area from adjacent residential properties and public rights -of -way. The landscaping will be located on the west side of the parking area adjacent to Diamond Path and consist of six 6 -foot Colorado Spruce and five 6 -foot Austrian Pine trees planted in staggered rows 10 feet on center. This will provide a 90 percent opacity screen consistent with the zoning ordinance standards. By comparison, the Cedar fence is proposed for the east side of the parking lot adjacent to the neighboring residential properties. While the fence meets the minimum screening standards, the residential properties have substantial landscaping in place. Currently, the ordinance requires installation of a fence when a parking lot adjoins single family residential development. Staffs preference is for landscaping; it is a softer transition and requires minimal maintenance. Staff will be looking to amend the ordinance, removing the fencing requirement in favor of landscape standards consistent with other sections of the landscape ordinance. Therefore, staff recommends replacing the fence with landscaping similar to that proposed along the west side of the parking area to provide a more natural screen that is consistent with the existing conditions. According to Section 11.1.D, general lot lighting or security lighting shall be directed away from adjacent properties, eliminating or reducing the illumination generated on site. The applicant's lighting plan illustrates four Cobra style lights on 30 foot poles illuminating the parking area. A site inspection found these lights cast light beyond the subject property and onto neighboring residential properties. Given the angle of these lights and their glare on the adjacent residential properties to the east, staff recommends that a condition of approval require the applicant to turn off the two lights on the western side of the parking area which cast light toward the residential properties to the east. The remaining two lights on the east side of the parking area which cast light toward the west may remain on to provide adequate maneuvering and security lighting. Staff will revisit exterior lighting for the site during the second expansion phase which calls for expansion of the parking area. The Commissioners discussed the adequacy of parking lot lighting. Assistant Planner Lindahl clarified that the two lights on the east side provide adequate lighting. There were no other 10 PLANNING COMMISSION MEETING MINUTES MARCH 23, 2004 PAGE 11 questions or comments from the Commissioners. Acting Chairperson Messner asked for comments from the applicants. Steve Wallik, architect with Vanman Architects and Builders was present to answer questions. He explained that an additional improvement being made to the plan is to relocate the playlot for safety reasons. By moving the playlot over to the southeast corner, off the area of traffic, safety will be improved. Adding the walks enhance the southeast corner. In the southwest corner, there are two doors exiting off the fellowship hall that take advantage of that outdoor space adjacent to the stormwater pond. It will be a permanent water filled pond that will be a decorative landscape feature, and a possible outdoor garden area. Regarding the fence requirement, a cedar fence was chosen to match the existing cedar siding. A possible alternative would be to keep the fence and use conifer plantings to buffer and soften it up as a compromise. The exterior building material is an earthtone concrete masonry material similar to the existing brick on the building. The family life center will be tilt -up precast that will be integral colored from the factory to match the masonry. The roof material for the family life center will be asphalt and fiberglass shingles. The new addition will be fully sprinklered. Commissioner Napper asked the applicant if the building material was largely wood -frame construction. Mr. Wallik answered that it is wood -frame for the one -story portion with a single ply ballasted roof hidden behind a parapet. And the family life center is insulated pre -cast panels. There will be a mechanical screen around the rooftop mechanical equipment on the southeast side, screened from Dodd Road and County Road 42. Commissioner Messner asked if the play area will be fenced. Mr. Wallik stated that the play area will be fenced. Commissioner Messner asked if the applicant is opposed to using landscaping instead of the fence. Mr. Wallik stated that the owner will comply with what the city requires. Acting Chairperson Messner opened the public hearing. Acting Chairperson Messner asked for public comments. Diana Doncarlos, 14889 Delft Ave. Asked where the playground will be relocated, and where the trash facility will be located. Mr. Wallik pointed out the areas in question, clarifying where the playground will be, and the location of the trash facility. He noted that there will be a six foot wall around the trash facility to shield it from view. Jim Clark, 14949 Delft Ave. Was present to question the affect of drainage as it is right behind his house. Mr. Wallik answered that new drainage is being directed into the pond in the southwest corner. Drainage and grading plans will be submitted with the application for a building permit. Ms. Doncarlos commented that she did not like the idea of a fence on the site. 11 PLANNING COMMISSION MEETING MINUTES MARCH 23, 2004 PAGE 12 There were no other public comments. MOTION by Messner to close the Public Hearing. Second by Zurn. Ayes: Messner, Zurn and Napper. Nays: None. Motion carried. MOTION by Napper to recommend approval of the site plan from the Lutheran Church of Our Savior to allow construction of an 8,468 square foot addition to their existing church use located at 14980 Diamond Path subject to the following conditions: 1. Issuance of a building permit. 2. Submission of a revised landscape plan replacing the four foot Cedar fence with landscaping sufficient to provide a 90 percent opacity screen of the parking area from the adjacent residential properties. This landscape plan shall be reviewed and approved by staff prior to issuance of a building permit. 3. The two existing Cobra style lights on the western side of the parking lot shall be turned off to prevent glare onto the adjacent residential properties to the east along Delft Avenue. The remaining exterior lights may remain on to provide adequate maneuvering and security lighting. 4. Dedication of a 15 foot wide trail easement on the west side of the property to locate a future trail along Diamond Path Road. 5. Payment of all applicable development fees including SAC, WAC, storm water, and GIS fees based upon the fee schedule in place when the building permit is issued. Second by Zurn. Ayes: Zurn, Napper, and Messner. Nays: None. Motion carried. Assistant City Planner Lindahl explained that, this being a Site Plan Review, this represents the only hearing and approval of the application. Staff will provide the applicant with a letter summarizing the Planning Commission's approval, and requesting the changes that were enumerated as conditions in plans that they submit at the building permit level. Public Hearing: Danner Inc. Mineral Extraction Permit Renewal Assistant City Planner Jason Lindahl presented the application of Marlon Danner of Danner, Inc requesting renewal of the mineral extraction permit for the property located at 4594 145 Street East. This request is based upon the routine annual review and renewal of the current permit. This pit is currently in the 2000 phase. In addition to the mining activity, the applicant plans to begin operation of both concrete and wash plants on site in 2004. The city approved a conditional use permit for these additional uses to operate in association with the mineral extraction use in October of 2003. Recently, the applicant approached the City with the idea of expanding these uses and housing them inside a building. Plan for this request were submitted last week and staff has not had adequate time to 12 PLANNING COMMISSION MEETING MINUTES MARCH 23, 2004 PAGE 13 conduct a comprehensive review of this proposal. Staff anticipated having this item on the April 13, 2004 Planning Commission agenda. This portion of the application covers only the renewal portion of the Mineral Extraction Permit. staff recommends approval of the Danner Mineral Extraction Permit 2004. This recommendation is subject to submitting a Dust Control Plan, a Surety Bond, and payment of the Annual Mining Permit fee. There were no questions or comments from the Commissioners on the renewal portion of the application. Acting Chairperson Messner asked for comments from the applicants. There were no comments from the applicant. Acting Chairperson Messner 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 this public hearing. Acting Chairperson Messner opened the public hearing. Acting Chairperson Messner asked for public comments. There were no public comments. ID MOTION by Messner to close the Public Hearing. Second by Zurn. Ayes: Napper, Messner and Zurn. Nays: None. Motion carried. MOTION by Napper to recommend that the City Council renew the Danner Mineral Extraction Permit for 2004, subject to the standards outlined in Section 12.4 of the Zoning Ordinance and the 2004 Conditions for Mineral Extraction. Second by Messner. Ayes: Messner, Zurn, and Napper. Nays: None. Motion carried. Assistant City Planner Lindahl stated that this item will proceed to City Council for final action on April 20, 2004. We also expect to have the Conditional Use Permit portion of the application before the Planning Commission at the April 13, 2004 meeting. Public Hearing: Nextel Communications Site Plan Review Assistant City Planner Lindahl presented the application from Nextel Communications, Inc., requesting site plan approval to allow the addition of 9 new antennas and a 12' by 20' equipment shelter to the existing cellular tower site located at 3200 145 Street East (County Road 42). Site plan approval is required for all developments under Section 12.3 of the Zoning Ordinance with the exception of six specific circumstances. This proposal does not meet any of the exception criteria. The proposed commercial antenna tower use is consistent with both the land use and zoning designations for the subject property. 13 PLANNING COMMISSION MEETING MINUTES MARCH 23, 2004 PAGE 14 This application did not include a landscape plan as part of the submittal materials. Staff recommends the applicant submit a detailed landscape plan conforming to the performance standards outlined in Section 8.3. The zoning ordinance requires properties in the GI General Industrial District to provide one foundation planting for every ten linear feet of building. In this case, the calculation requires installation of seven (7) foundation plantings. In addition, this site is required to provide overstory trees at a number to be determined by the Planning Commission. Staff recommends that the Planning Commission apply the same standard used in the Business Park, and all Commercial Districts, which requires eight (8) trees or 1 tree /3,000 square feet of land area, whichever is greater. Under this standard, this site should provide eight (8) additional trees. Staff recommends both the eight (8) overstory trees and seven (7) foundation plantings be added to the northern property line to increase screening of the site from 145 Street. All walls will be pre -cast concrete panels with a pebblestone exterior. Staff finds the proposed exterior materials meets the ordinance requirements for the GI District. Commissioner Napper asked for clarification of the building size. Assistant City Planner Lindahl showed that the building is a 12' by 20' equipment shelter. Acting Chairperson Messner asked for comments from the applicants. Mark Holm was present for Nextel Communications to answer questions from the Commission. He works for American Tower, 11600 96 Ave. N., Maple Grove. He stated that the application is simply for a co- location to add antennas to an existing tower. The idea is to cover the area without having to add another tower. The proposed equipment shelter is 12' by 20', slightly larger than what the accessory building code calls for. The shelter holds all the radio and channel equipment that operates the antennas that are on the tower. He asked that staff clarify the landscaping requirements. Assistant City Planner Lindahl explained that the zoning ordinance for the GI General Industrial area has a specific requirement for foundation plantings, but leaves the tree requirement to the discretion of the Planning Commission. In that case, what staff believed to be a reasonable compromise would be to apply the Business Park (BP) standards, or the other commercial standards throughout the city. This would require a minimum of eight (8) trees on the site, regardless of the size of the addition. In this case, staff feels it is a compromise considering that the Planning Commission could apply a much higher standard if it chose to do so. Acting Chairperson Messner opened the public hearing. Acting Chairperson Messner asked for public comments. There were no public comments. MOTION by Messner to close the Public Hearing. Second by Napper. Ayes: Zurn, Napper and Messner. Nays: None. Motion carried. 14 PLANNING COMMISSION MEETING MINUTES MARCH 23, 2004 PAGE 15 III MOTION by Zurn to approve the site plan from Nextel Communications, Inc. to add 9 new antennas and a 12' by 20' equipment shelter to the existing cellular tower site located at 3200 145 Street East (County Road 42), subject to the conditions listed below. 1. Issuance of a building permit. 2. Submission of a detailed landscaping plan illustrating eight (8) overstory trees and seven (7) foundation plantings added to the northern property line to increase screening of the site from 145 Street. The landscape plan shall be reviewed and approved by staff prior to issuance of a building permit. Second by Napper. Ayes: Napper, Messner, and Zurn. Nays: None. Motion carried. This being a Site Plan Review, this represents the only public hearing and city action regarding this application. Staff will inform the applicant by letter and will ask them to submit new plans as directed in the conditions of approval. Old Business: None New Business: None 111 Directors Report Mr. Pearson informed the Commission members that there will be three new Commissioners to welcome at the next Planning Commission meeting scheduled for April 13, 2004. The Community Development Department wishes to thank Jeff Weisensel, David Anderson and Myron Napper for their service to the Planning Commission and to the community. Commissioners Messner and Zurn also expressed their appreciation. There being no further business to come before this Commission, upon Motion by Messner, and upon unanimous decision, the meeting was adjourned at 8:40 p.m. Respectfully Submitted, 1 i 6-' b 1 in -2 i 41,sa Kathryn Hogax Recording Secretary 15 PLANNING COMMISSION MEETING MINUTES APRIL 13, 2004 PAGE 1 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, April 13, 2004. Acting Chairperson Jason Messner called the meeting to order at 6:33 p.m. with Commissioners Zurn, Humphrey, Schultz and Powell present. Also in attendance were Mayor William Droste, Community Development Director Kim Lindquist, City Planner Rick Pearson, and Recording Secretary Kathryn Hogan. The meeting was opened with the Pledge of Allegiance. Additions to Agenda There were two additions to the agenda. Item 2A. Swearing in three new Planning Commissioners. Mayor Droste performed the swearing in ceremonies for Valerie Schultz, Laurie Humphrey, and John Powell. Item 2B. Election of Officers Chairperson and Vice Chair. Nominations were taken for Chairperson. Commissioner Zurn nominated Jason Messner as Chair. Commissioner Humphrey seconded the nomination. Commissioner Messner nominated Zurn for Chair, seconded by Powell. No other nominations were made. A vote was taken to elect Commissioner Messner Chairperson. Ayes: Schultz, Zurn, Humphrey, Powell. Nays: Messner. Jason Messner was elected Chairperson. Nominations were taken for Vice chair. Chairperson Messner nominated Zurn, seconded by Schultz. No other nominations were made. A vote was taken to elect Commissioner Zurn Vice chair. Ayes: Messner, Humphrey, Powell, and Schultz. Nays: Zurn. Terry Zurn was elected Vice chair. Audience Input: None MOTION by Zurn to approve the March 23, 2004 Regular Planning Commission Meeting Minutes. Second by Schultz. Ayes: Messner, Humphrey, Powell, Schultz, Zurn. Nays: None. Motion carried. MOTION by Powell to approve consent agenda. Second by Zurn. a. Brockway Glass- Preliminary Plat. Continue Public Hearing to April 27, 2004. Ayes: Humphrey, Powell, Schultz, Zurn, and Messner. Nays: None. Motion carried. 1 PLANNING COMMISSION MEETING MINUTES APRIL 13, 2004 PAGE 2 Public Hearing: Danner Inc. Conditional Use Permit City Planner Rick Pearson presented the application of Marlon Danner of Danner, Inc. located at 4594 145 Street East (1.25 miles east of STH 52 and 1/4 mile south of County Road 42). The applicants, AVR, Inc. and Danner Mining, request an amendment to their existing conditional use permit to operate a concrete plant and a wash plant in association with mineral extraction. The original conditional use permit was approved by the City in October 2003. That approval allowed placement of concrete and wash plant machinery on the Danner Mining site. This amendment request seeks approval to house the concrete plant within a building. As background, concrete production is allowed only if the subject property also has an approved mineral extraction permit under Section 12.4, Mineral Extraction. Danner Mining has applied for the annual renewal of their mining permit. The Planning Commission reviewed this request on March 23, 2004 and recommended the City Council approve that request during their April 20, 2004 meeting. City Planner Pearson presented drawings and photographs of the proposed site. This is an amendment to the Conditional Use Permit to acknowledge the enclosure of the machinery with the building panels. The panels will consist of a concrete block base and steel panels that are factory finished, which are consistent with the standards for the zoning district. Staff has made a recommendation to approve this amendment with the nine attached conditions. Commissioner Powell asked if building inspections will take place during the process. City Planner Pearson explained that a building permit will be required, and therefore, normal inspections will take place. Chairperson Messner asked for clarification on the application request. City Planner Pearson confirmed that this request is to move from a temporary concrete production site to a more permanent ready mix concrete plant. Commissioner Powell asked City Planner Pearson to clarify the off street parking on the site. City Planner Pearson explained that the trucks will park inside the lot, and there will be stacking space for trucks queuing up. There will be potentially 200 to 250 trips per day in added traffic. Dakota County reviewed the plan and did not recommend any improvements to County Road 42. Commissioner Powell also asked for clarification of the phases mentioned in the report. City Planner Pearson replied that the term "phase" refers to the mining operation. Commissioner Powell also asked about restroom facilities and hours of operation. Mr. Pearson replied that the restroom facilities are listed on the site plan, and the hours of operation will be limited to 7a.m. to 7 p.m. III Chairperson Messner asked for comments from the applicants. There were no comments from the applicant. 2 PLANNING COMMISSION MEETING MINUTES APRIL 13, 2004 PAGE 3 Chairperson Messner 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 this public hearing. Chairperson Messner opened the public hearing. Chairperson Messner asked for public comments. There were no public comments. MOTION by Messner to close the Public Hearing. Second by Schultz. Ayes: Powell, Schultz, Zurn, Messner, Humphrey. Nays: None. Motion carried. MOTION by Powell to recommend that the City Council approve an amendment to the Danner Mining Conditional Use Permit for Concrete Production in Association with Mineral Extraction to allow the concrete plant to be housed within a building, subject to the following conditions. 1. Issuance of a building permit. 2. Maintain conformance with the approved site plan. 3. Maintain conformance with the existing mineral extraction permit. III 4. The concrete plant building may not exceed 45 feet and the plant silos may not exceed 70 feet. 5. Designate at least two off street parking stalls adjacent to the control building. 6. Outdoor storage is prohibited. All trucks shall be loaded on site and stored in another location. 7. The exterior walls of the concrete plant shall have a concrete block base of at least four feet above grade and colored steel extending to a flat roof. These steel panels shall be factory fabricated with a durable non -fade surface. Galvanized or unfinished steel is prohibited. 8. All trash containers shall be stored within the concrete plant structure or an approved trash enclosure. 9. There shall be no signage or exterior lighting on site. Second by Humphrey. Ayes: Schultz, Zurn, Messner, Humphrey, and Powell. Nays: None. Motion carried. This item will proceed to City Council for final action on April 20, 2004. Old Business: None New Business: A. Tax Increment Financing (TIF) Plan Resolution. III Community Development Director Kim Lindquist presented the item. The City, as part of the downtown redevelopment process, is setting up a Tax Increment Financing (TIF) Plan. It is 3 PLANNING COMMISSION MEETING MINUTES APRIL 13, 2004 PAGE 4 expected that TIF will be used to assist in financing downtown redevelopment and revitalization projects. The TIF District includes the Brockway project and the core downtown area as illustrated on the maps located within the TIF Plan. As part of the TIF approval process, the Planning Commission must adopt a resolution stating that the TIF Plan is in compliance with the adopted Comprehensive Plan. As part of the review and approval process for setting up a TIF District, the Planning Commission must pass a resolution finding that the Plan is in compliance with the City's adopted Plan. The two components within this TIF Plan are the Brockway project and the downtown redevelopment area. As part of the Brockway Concept Plan approval, the Planning Commission recommended, and the Council approved, reguiding of the property to reflect residential land uses. That Comprehensive Plan amendment was forwarded to the Metropolitan Council, as required, and they have also approved the land use change. Therefore the variety of residential uses anticipated in the Brockway project, and reflected in the TIF Plan, are in compliance with the newly amended Comprehensive Plan. The downtown area has been designated as commercial in recognition of the primary uses for the area. However, the Plan recognizes that the City was interested in redevelopment of the area and noted that a blend of uses, including residential, could be incorporated into the downtown. The Port Authority approved the TIF Plan at their meeting on April 6, 2004. The City Council will be holding a public hearing on the TIF Plan on April 20, 2004. Director Lindquist explained how a TIF district works and how the money is generated. The process for negotiating a development agreement was also explained. Director Lindquist also provided an update on the Downtown Redevelopment process. The Downtown Redevelopment Committee sponsored an Open House April 12. It is expected that there will be another meeting in May. The Framework is expected to go to the Port Authority in June, and to Council in June or July of this year. After it is approved, the city will receive proposals for development in the fall. In the winter, a development agreement would be negotiated, and would hope to have a project starting in 2005. The Planning Commission has the specific role of determining whether the TIF Plan is in compliance with the Comprehensive Plan or not. Staff believes that the TIF Plan is in compliance with the city's adopted Comprehensive Plan. The land uses anticipated in the Comprehensive Plan are those reflected in the development and financial assessments used in the TIF Plan. Commissioner Zurn asked about the duration of the TIF plan. Director Lindquist stated that the District will have a 25 year life. If the obligations are paid off early, the District can be closed. 4 PLANNING COMMISSION MEETING MINUTES APRIL 13, 2004 PAGE 5 MOTION by Powell to approve the draft resolution. Second by Schultz. Ayes: Zurn, Messner, Humphrey, Powell, Schultz. Nays: None. Motion carried. Directors Report Director Lindquist outlined the expected timeline for the Brockway project. There are some new issues that have come up regarding Shoreland regulations and the wetland delineation review. The entire package will come before the Planning Commission in May, for formal action by the Commission. At the next Planning Commission in April, the project will be presented for review and to get feedback from the Commissioners. The Pulte Homes application has been withdrawn for a Concept Application approval. There being no further business to come before this Commission, upon Motion by Chairman Messner, and upon unanimous decision, the meeting was adjourned at 7:11 p.m. Respectfully Submitted, al i t(W) Kathryn Hogan Recording Secretary 5 PLANNING COMMISSION MEETING MINUTES APRIL 27, 2004 PAGE 1 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was g g as held on Tuesday, April 27, 2004. Chairperson Jason Messner called the meeting to order at 6:30 p.m. with Commissioners Zurn, Humphrey, Schultz and Powell present. Also in attendance were Community Development Director Kim Lindquist, City Engineer Andy Brotzler, City Planner Rick Pearson, Assistant City Planner Jason Lindahl and Recording Secretary Kathryn Hogan. The meeting was opened with the Pledge of Allegiance. Additions and /or corrections to Agenda There was one correction and one addition to the agenda. Item 2A. CASE 04 -23 -FP Evermoor Crosscroft 2 Addition Final Plat: The 3` condition has been revised to read, "Conformance with all requirements of the City Engineer." Item 2B. Three letters were received from citizens with comments on current cases. Copies of the letters were presented to the Commissioners. Audience Input: None Approval of Minutes MOTION by Zurn to approve the April 13, 2004 Regular Planning Commission Meeting Minutes with corrections. Second by Schultz. Ayes: Messner, Humphrey, Powell, Schultz, Zurn. Nays: None. Motion carried. MOTION by Powell to approve consent agenda revised as noted by the City Planner. Second by Humphrey. 5A. CASE 04 -21 -FP Rosewood Village 2 Addition Final Plat 5B. CASE 04 -23 -FP Evermoor Crosscroft 2 Addition Final Plat 5C. CASE 04 -26 -CON Dean Johnson Homes Concept Plan Approval Continue Public Hearing to May 25, 2004. Ayes: Humphrey, Powell, Schultz, Zurn, and Messner. Nays: None. Motion carried. Public Hearing: 6A. CASE 04 -30 -TA Zoning Ordinance Text Amendment (Amending Section 6.6 R1 -A Low Density Residential District) City Planner Rick Pearson presented the staff initiated request for a Zoning Ordinance Text Amendment for Section 6.6 of Zoning Ordinance B R1 -A Low Density Residential District. This item has been initiated based upon feedback from the Council. The intent is to provide clarification in the R1 -A District zoning standards regarding the interpretation of single and two story houses. The clarification is desired because elsewhere on the agenda, staff is recommending approval to rezone the Carrollton neighborhood to R1 -A, and its administration would be more difficult without the change. 1 PLANNING COMMISSION MEETING MINUTES APRIL 27, 2004 PAGE 2 The draft amendment provides an asterisk and a note to the two -sto ry setback standard that clarifies the inclusion of split level, single story with walk -out and look -out basements in the two -story category. There was further discussion amongst the Commissioners and staff clarifying the proposed definition of a two story house. Chairperson Messner opened the public hearing. Chairperson Messner asked for public comments. There were no public comments. MOTION by Zurn to close the Public Hearing. Second by Powell. Ayes: Powell, Schultz, Zurn, Messner, Humphrey. Nays: None. Motion carried. MOTION by Messner to recommend that the City Council adopt an ordinance amending Section 6.6 of the Zoning Ordinance. Second by Powell. Ayes: Schultz, Zurn, Messner, Humphrey, and Powell. Nays: None. Motion carried. This item will proceed to City Council for final action on May 18, 2004. 6B. CASE 04 -31 -ZA Rezoning Properties in the Carrolton II Neighborhood City Planner Rick Pearson presented the petition for rezoning the Carrollton II neighborhood to R1 -A. The neighborhood was developed starting in the late 1980's with the R1 Single Family zoning classification. Neighborhoods on either side (east and west) were in existence at least ten years longer, and were included in an area rezoning to R1 -A in 1992. This rezoning would give the Carrollton neighborhoods the same setback standards as the adjacent neighborhoods. Staff is recommending that the Planning Commission recommend approval of the rezoning for the Carrollton neighborhood to permit use of the new R1 -A district standards. These standards primarily would allow a 5' setback for a single story attached garage. City Planner Pearson explained that this petition to rezone the neighborhood came about after a variance request from a resident resulted in denial. The resident appealed and the city council upheld the denial. He stated that there have been two other variance requests recently, and that the garage setback issue comes up frequently. Chairperson Messner opened the public hearing. Scott Boecker 3878 Upper 149 St. W. He expressed support for the plan to rezone, saying it will give more flexibility in expanding for garages. His opinion is that it won't make the neighborhood seem smaller, and will be a benefit for all residents. Amy Rowe, 14930 Crandall Ave. She is in favor of the change, especially for addition of a 3 stall garage. 2 PLANNING COMMISSION MEETING MINUTES APRIL 27, 2004 PAGE 3 Darren Seehusen, 14852 Colorado Ave. He stated that the current setbacks are good, Y ou can see through the space between the houses. Currently there is plenty of space, and keeping the same zoning will be beneficial for the neighborhood. Russ Cormack, 3929 147 St. W. He purchased a house in the neighborhood two years ago. When shopping for a house, the lot size, setbacks, and easements were very important. By accepting this rezoning, it will give a narrowing affect for the walkway between houses. Bill Huebner, 3795 147 St. W. He is opposed to the rezoning. His opinion is that it should stay the way it is. Emily Rekstad, 14687 Cimarron Ave. W. She is a neighbor to the area. She stated she did not receive a notification letter. She questions the impetus of the rezoning petition. Also, she wants to know why she did not receive notice. Lisa Marie Meyers, 14673 Cimarron Ave. W. She stated she did not receive notification. Karen Danay, 14655 Cimarron Ave. W. She stated she did not receive a notice. She wondered if the rezoning is going to affect the Broback additions? Bob Lake, 3915 147 St. W. Since the area was zoned originally as intended with a concept in mind, they did not intend to allow additions or modifications. He is opposed to the rezoning. City Planner Pearson stated that a good faith effort was attempted at mailing notifications to all residents in the rezoning area, along with those within 350 feet of the area. Concerning the question about the Brobacks the rezoning will not affect that area, as it is already zoned R1-A. The commissioners expressed concern that the notification may not have reached all the homeowners affected. Due to the apparent lack of sufficient notification, Commissioner Zurn suggested tabling the motion until re- notification can take place. MOTION by Zurn to close the Public Hearing. Second by Schultz. Ayes: Schultz, Zurn, Messner, Humphrey, and Powell. Nays: None. Motion carried. MOTION by Zurn to table the petition to rezone the Carrolton II neighborhood to R1 -A until re- notification can take place, and continue the Public Hearing to May 25, 2004. Second by Powell. Ayes: Zurn, Messner, Humphrey, Powell, and Schultz. Nays: None. Motion carried. 6C. CASE 04 -16 -PP Brockway Development Shoreland Ordinance Permit PUD with Variance (Preliminary Plat) Rick Pearson presented the continuing application from Contractor Property Developers Company. Staff has received revised plans for the preliminary plat for the Brockway area redevelopment. Many of the previously raised issues have been resolved. However, the environmental review process identified several outstanding concerns, specifically, the requirements of the City's Shoreland Overlay district relative to Keegan Lake, and the State 3 PLANNING COMMISSION MEETING MINUTES APRIL 27, 2004 PAGE 4 Wetlands Conservation Act (WCA) rules relating to several wetlands on the site. The Shoreland requirements trigger a separate public hearing and opportunity for DNR comment, and WCA rules require field delineation of the wetlands. Due to the time of year, the wetland delineation has not been conducted as yet, however, it is expected that the delineation and initiation of the agency comment period will occur prior to the Commission's May meeting. Staff's preference is to continue the discussion of the revised preliminary plat, giving the Commissioners increased familiarity with the project and the opportunity to comment about any plan revisions. However the public hearing would be continued until May 25, 2004 at which time the wetland and shoreland issues should be substantially resolved. Pat Lynch, DNR Area Hydrologist has indicated that the Plan appears to be generally consistent with the standards. A condition of approval would require consistency with the DNR shoreland standards either with inclusion of the 7 -acre site, upon development, or for the current Brockway proposal independently. Upon review of the proposed stormwater plan, it has been determined that the City's stormwater goals and policies are primarily achieved with the design. At this time, Staff is working with the developer to review alternatives for managing stormwater in the southern area of the property. Discussion occurred regarding stormwater ponding, drainage, pipeline easement, and water supply issues. City Engineer Brotzler explained the improvements that will be occurring on Highway 3. The project in conjunction with MnDOT includes a signal that will be installed at Connemara Trail and Highway 3. At County Rd. 38 (132 St.) there will be turn lanes and widening and striping. The remainder of the project will be at McAndrews Road, which will also receive a signal. Approval of the preliminary plat will include a condition that the first phase of the development include the platting and construction of the entire length of the north -south road, as well as the improvements to County Road 38 that will result in left turn lanes off Highway 3 at County Road 38 and a right turn lane at County Road 38 into the development. Those improvements would probably be phased over a 2 year period. Chairperson Messner opened the public hearing. There were no public comments. MOTION by Messner to continue the Brockway Project Public Hearing to May 25, 2004. Second by Schultz. Ayes: Messner, Humphrey, Powell, Schultz, and Zurn. Nays: None. Motion carried. 6D. CASE 04 -22 -ICUP Adventure Zone Interim Conditional Use Permit Director Kim Lindquist presented the application of the Adventure Zone, for renewal of their Interim Use Permit to allow continuance of commercial outdoor recreational use in a General Industrial District. The commercial outdoor recreational use is a paint ball playing area. 4 PLANNING COMMISSION MEETING MINUTES APRIL 27, 2004 PAGE 5 The Adventure Zone is a paint ball game area located on the north side of TH 55. Recently the City noticed that their Interim Use Permit (IUP) had lapsed and that they should re -apply since they are still in operation. The City approved an IUP renewal in 1999, which was approved for a three -year period. The Adventure Zone has been operating under an IUP since 1994. The operation has not changed from that previously reviewed by the City. In checking with the Police Department, there have been no complaints registered regarding the operation of the business. The operator, Jim Nordberg, has requested that the hours of operation be expanded somewhat to permit some nighttime play. The previous permit allowed operation between 8:00 a.m. and sunset. The new recommended permit allows operation until 10:00 pm. Given that there are not modifications to the operation of the recreational use (excepting the minor time change), or complaints about the business, staff is recommending a permit consistent in conditions to what has been previously approved. The draft permit is attached for the Commission's review. In addition, staff is recommending the permit be approved for another 3- year period. If, during that time, issues arise, the City can initiate a review based upon the conditions approved or other violations of the city's zoning ordinance. Chairperson Messner invited the applicant to comment. No comments were made. Chairperson Messner opened the public hearing. No public comments were made. MOTION by Powell to close the public hearing. Second by Humphrey Ayes: Humphrey, Powell, Schultz, Zurn, and Messner. Nays: None. Motion carried. MOTION by Powell to recommend approval of the Adventure Zone's Interim Use Permit with conditions outlined in the Interim Conditional Use Permit. Second by Zurn. Ayes: Powell, Schultz, Zurn, Messner, and Humphrey. Nays: None. Motion carried. This item will proceed to City Council for final action on May 18, 2004. 6E. CASE 04 -28 -PUD Heritage Carrousel Plaza Office PUD Jason Lindahl presented the application of Heritage Development of Minnesota, LLC, who requests site plan and Planned Unit Development (PUD) approval to allow the construction of a two -story 25,400 square foot office building with shared parking and signage for the property located on the southeast corner of Chippendale Avenue and Carrousel Way. The multi -tenant office building would share a ground monument sign and parking with the movie theater property directly to the east. The proposed multi -tenant office building is consistent with the current land use and zoning designations for the subject property. Overall staff is supportive of the current proposal. The building and site plan generally meet the ordinance requirements of the underlying BP zoning. Additionally, because of the PUD request, staff is asking for additional landscaping and some modifications to the site design to provide more pedestrian access. The PUD also allows for a shared freestanding sign between the office 5 PLANNING COMMISSION MEETING MINUTES APRIL 27, 2004 PAGE 6 and movie theater ro erties. This is acceptable t p p p to staff so long as the amount of signage between the two properties does not exceed what would be permitted for the sites independently. Shared access and parking are also necessary to successfully meet ordinance standards and achieve some of the staff recommendations for landscaping and the addition of a building perimeter sidewalk. Discussion took place regarding tenancy, adequacy of parking, trash enclosure, and access at 153` St. Commissioner Powell recommended that a condition of approval be added that the need for an access agreement for the parking lot access off of 153` St. be reviewed. Chairperson Messner invited the applicant to comment. Jack Welch with Heritage Development was present to comment. He stated that the development company was in complete agreement with staff about the revisions and additions discussed. He stated that the joint access easement with the theater will not be a problem; it does need to be drawn up in the form of an agreement. The developer has common use right with 153 St. Commissioner Powell stated that in regards to the 20 foot drainage and utility easement on the property, he would like to clarify what, if anything, needs to be done with that before this project goes to City Council. Chairperson Messner opened the public hearing. Michelle Wilson, 15366 Chokecherry Ave. She is a resident that lives kitty -corner to the proposed property. She expressed concerns about follow through of this developer. This is the same developer that worked on the townhome project on 153 St. They were told that a fence would be put in and improvements made. She is concerned about the follow through since improvements didn't happen and now it looks bad. Rosemount overall has done a good job of widening the streets, adding plantings, etc. She wants to make sure this development looks nice. Jack Welch, in answer to Ms. Wilson stated that Heritage Development was the developer on the townhome project, but once it gets past the development point, the project is sold off to a builder, and from then on his company is not involved. John Wilson, 15366 Chokecherry Ave. He asked about the 30 foot easement. What is a typical easement? He is happy about the berms, foliage, but would like to see maintenance followed through. Jason Lindahl stated that the standard parking setback is 20 feet. The drawing is showing 30 feet, which more than meets the requirement. MOTION by Messner to close the public hearing. Second by Schultz. Ayes: Powell, Schultz, Zurn, Messner, and Humphrey. Nays: None. Motion carried. 6 PLANNING COMMISSION MEETING MINUTES APRIL 27, 2004 PAGE 7 MOTION by Powell to recommend the City Council approve the site plan and Planned Unit Development (PUD) to allow the construction of a two -story 25,400 square foot office building with shared parking and signage on the property located on the southeast corner of Chippendale Avenue and Carrousel Way, subject to the conditions outlined below. 1. Issuance of a building permit. 2. Submission of a joint access easement between Heritage Development, LLC and the movie theater property for the northeast access from Carrousel Way. This agreement shall be reviewed and approved by the City Attorney. The applicant must also obtain a cross access agreement to use 153` Street or demonstrate that legal access is already granted to the subject property. 3. Submission of a shared parking agreement between Heritage Development, LLC and the movie theater property for 7 parking stalls. These stalls shall be aligned with the east entrance and connected to that entrance by a sidewalk and striping of a pedestrian walkway in the parking lot. This agreement shall be reviewed and approved by the City Attorney. 4. Redesign the parking area to have a minimum 3.5' planting area adjacent to the building, a 19' interior row of parking, a 24' drive lane, and an 18' outer row of parking. 5. Relocate the trash enclosure to the first stall in the western row of parking. The landscaping planned for the original location should also be moved to the new location. 6. Replace four parking stalls with landscaped areas containing at least one deciduous tree and foundation plantings. The stalls to be replaced with landscaped areas are located at the four corners of the interior row of parking and shall be replaced by the shared parking agreement. 7. Create three foot berms along Chippendale Avenue and 153` Street and increase the number of trees along 153` Street from 8 to 19. All 19 trees shall be coniferous and shall be planted in staggered rows with 10 foot spacing. 8. Placement of a shared ground monument sign on the northwest corner of the subject property. This sign shall be the only ground sign on the office building site. 9. The movie theater site may request one additional ground monument sign. This sign must be located along the east side of the movie theater site and may not exceed 62.3 square feet (2 X 80 160 97.7 62.3). 10. Submission of a revised lighting plan demonstrating all parking and building lighting will conform to the exterior lighting performance standards. 11. Submission of a revised site plan illustrating sidewalks and/or stairways from the trail along Chippendale Avenue to the parking area and from the shared parking on the movie 7 PLANNING COMMISSION MEETING MINUTES APRIL 27, 2004 PAGE 8 theater site to the parking area. The applicant shall also stripe crosswalks from the end of the sidewalks to the building's entrances. These pedestrian connections will eliminate two parking stalls which shall be replaced by the shared parking agreement. 12. The developer shall adequately address the City Engineer concerns as outlined in the staff report, including payment of all associated fees and charges. Second by Zurn. Ayes: Schultz, Zurn, Messner, Humphrey, and Powell Nays: None. Motion carried. This item will proceed to City Council for final action on May 18, 2004. 6F. CASE 04 -32 -TA Zoning Ordinance Text Amendment (Section 3.2 Definitions Definition of Fence) City Planner Rick Pearson presented the zoning text amendment staff has initiated to remove an inconsistency between Rosemount's zoning ordinance and the Minnesota State Building Code. It is considered to be a housekeeping item. The current fence definition and standards date back to 1992. Prior to that time, fences were an exception to setbacks and had a height restriction of 6 feet. There was also a reference to preserving sight -lines at intersections. The inconsistency between building and zoning is in the definition: FENCE: A fence is defined for the purpose of this ordinance as any partition, structure or wall, or gate erected as a dividing marker, barrier or enclosure and located along the boundary or within the required yard. All fences are subject a to building permit review and approval. The Minnesota State Building Code has no permit requirements for fences of less than six feet high, and the zoning ordinance prohibits fences exceeding six feet in height in Residential Districts. To solve the conflict, the definition should drop the reference "as required by the Minnesota State Building Code and the permit becomes strictly a local concern. Chairperson Messner opened the public hearing. Roxane Sipe, 14292 Crofton Ct., She brought a letter for the commissioners. She also came to speak about the fence issue that she recently brought before the Commission. She provided an update as to the resolution of her fence issue, and recommended that the Commission look into the safety issues surrounding fence heights with residential pools. MOTION by Messner to close the public hearing. Second by Humphrey. Ayes: Schultz, Zurn, Messner, Humphrey, and Powell. Nays: None. Motion carried. MOTION by Zurn to recommend that the City Council adopt an ordinance amending Ordinance B, the Zoning Ordinance, for the definition for Fences. Second by Powell. Ayes: Zurn, Messner, Humphrey, Powell, and Schultz. Nays: None. Motion carried. This item will proceed to City Council for final action on May 18, 2004. 8 PLANNING COMMISSION MEETING MINUTES APRIL 27, 2004 PAGE 9 6G. CASE 04 -33 -TA Zoning Ordinance Text Amendment (Section 8.1L6 Screening for Off Street Parking Requirements) Director Kim Lindquist presented this zoning text amendment. It is staff initiated to clarify the screening requirements for parking lots on properties adjacent to residential properties. Over the course of time, staff has felt that satisfactory screening can occur through installation of landscaping rather than a physically built structure such as a fence or wall. In fact most communities' ordinances opt for landscape screening because of its more natural look and because it does not require maintenance and upkeep like a fence. The current ordinance within the off street parking section requires that a fence or wall be installed not less than 3 /2' in height but no greater than 6'. While staff believes that this solution may be the preferred alternative in certain situations, as the ordinance is currently written, this is the only screening alternative acceptable. The amendment changes the tone and intent of the ordinance so that the preferred option is installation of landscaping. The amendment recognizes that certain circumstances may warrant installation of a wall or fence and the City can request that solution. Staff is requesting a modification to the existing ordinance to require landscaping, the preference over fencing or walls, for screening of parking lots adjacent to residential properties. In some cases, the City may choose to require a fence or wall, which is still the prerogative of the City under the language change. Chairperson Messner opened the public hearing. Todd Franz, owner South Metro Auto Brokers. He stated that because his auto lot was re -zoned to residential, he would like to know how this new ordinance will affect his property. Director Lindquist explained that this ordinance change is being enacted to affect new applications for development in the city. When a new development project comes in, this will be the standard used for parking lot screening. The city has no plans at this time to go out and enforce the ordinance for properties already existing. MOTION by Powell to close the public hearing. Second by Zurn. Ayes: Zurn, Messner, Humphrey, and Powell, and Schultz. Nays: None. Motion carried. MOTION by Messner recommend that the City Council adopt an ordinance amending Zoning Ordinance Section 8.1.L.6 relating to screening for off street parking. Second by Humphrey. Ayes: Messner, Humphrey, Powell, Schultz, and Zurn. Nays: None. Motion carried. This item will proceed to City Council for final action on May 18, 2004. Old Business: None 9 PLANNING COMMISSION MEETING MINUTES APRIL 27, 2004 PAGE 10 New Business: None Directors Report 9A. Recap of recent Council Meetings At the April 6, 2004 City Council Meeting: 1. Brockway Glass Lot Combination was approved. Brockway EAW was accepted. 2. Meadows of Bloomfield Minor PUD Amendment was approved with architectural embellishments to end units added. At the April 20, 2004 City Council Meeting: 1. Danner Inc. Mineral Extraction Permit Renewal and CUP was approved. 2. Meadows of Bloomfield Meadows of Bloomfield 2 Addition Final Plats were approved. 3. Meadows of Bloomfield 3" Addition Final Plat was approved. 4. Community of Hope Lutheran Church Administrative Plat and CUP was approved. 5. TIF Resolution was approved. 6. Business Subsidies was approved. 7. Irish Sports Dome Lease Agreement was approved. 9B. Planning Commission Requests None There being no further business to come before this Commission, upon Motion by Chairman Messner, and upon unanimous decision, the meeting was adjourned at 8:39 p.m. Respectfully Submitted, Kathryn Hogan Recording Secretary 10 PLANNING COMMISSION MEETING MINUTES SEPTEMBER 14, 2004 PAGE 1 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, September 14, 2004. Chairperson Jason Messner called the meeting to order at 8:00 p.m. with Commissioners Schultz, Zurn and Powell present. Commissioner Humphrey was absent. Also in attendance were City Planner Rick Pearson, Assistant Planner Jason Lindahl, Project Engineer Anthony Aderhold and Recording Secretary Amy Domeier. The meeting was opened with the Pledge of Allegiance. Additions to Agenda: City Planner Pearson noted the correction on Agenda Item 5A modifying the recommended conditions for approval. Chairperson Messner noted the correction. Audience Input: None Approval of Minutes: MOTION by Zurn to approve the August 24, 2004 Regular Planning Commission Meeting Minutes. Second by Powell. Ayes: Schultz, Zurn, Messner, and Powell. Nayes: None. Motion carried. Consent Agenda: 5A. CASE 04 -53 -FP Reflections (formerly known as Brockway) Final Plat Approval MOTION by Powell to recommend that the City Council approve the Brockway reflections final plat subject to: 1. Approval of the Dakota County Plat Commission. 2. Approval of the Minnesota Department of Transportation. 3. Execution of a subdivision development agreement to secure public infrastructure and private improvements including landscaping. 4. Payment of all development related fees including Park Dedication in the form of land dedication and fees paid consistent with the preliminary plat approval. Second by Schultz. Ayes: Schultz, Zurn, Messner and Powell. Nays: None. Motion carried. Chairperson Messner recessed the Regular Planning Commission Meeting and convened the Board of Appeals and Adjustments. PLANNING COMMISSION MEETING MINUTES SEPTEMBER 14, 2004 PAGE 2 Public Hearing: 6A. CASE 04 -56 -V Lot Size and Lot Frontage Variance Gordon and Mari Van Kleek Assistant Planner Lindahl reviewed Gordon and Mari Van Kleek's (the "Applicants request for lot size and lot frontage variances to allow the construction of a single family home on the property known as Parcel B located west of Bolivia Avenue and north of 130 Street between 12769 and 1685 Bolivia Avenue. The Applicants requested variances are from the lot size and lot frontage performance standards outlined in the Rural Residential zoning district. The RR District requires each lot to be a minimum of five (5) acres in size with a minimum of 300 feet of lot frontage. The Applicants lot is approximately 1 acre is size with no street frontage. Mr. Lindahl indicated that access to the site will come through an access easement across the property to the south, 12769 Bolivia Avenue, and displayed the easement to the Commission. The property was subdivided prior to the current lot size and dimension standards and therefore is designated as a legal non conforming property with the right to develop under uses permitted under the current zoning regulation subject to the conformance to the existing setback and other performance standards. Mr. Lindahl also outlined the five criteria used to weigh each variance request, along with staffs finding for each. Mr. Lindahl concluded his presentation stating that the Applicants have submitted a certificate of survey for the subject property with their intent to develop a single family home. This development plan would require variances for lot size, lot frontage and driveway setback. Based on the findings outlined above, staff concludes the Van Kleek's have demonstrated a hardship in that they would not have reasonable use of their property without the lot size and lot frontage variances. However staff finds the applicants could redesign the driveway access to eliminate the third variance. The Van Kleeks have agreed with staff's findings and recommendation and intent to relocate the proposed driveway at least five (5) feet from the southern property line as part of their building permit application. Chairperson Messner asked for questions for Mr. Lindahl. The Commissioners had no questions. Chairperson Messner asked for comments from the Applicants. Applicant Mari Van Kleek came forward. Ms. Van Kleek stated that she and her husband, Gordon, are looking to build a two bedroom rambler that would be handicap accessible for Gordon. Ms. Van Kleek further stated she had a plan available if anyone was interested in reviewing it. The foundation size would be 1,850 square feet and indicated the need for the square footage handicapped access to the hallways and the PLANNING COMMISSION MEETING MINUTES SEPTEMBER 14, 2004 PAGE 3 bathroom. Ms. Van Kleek stated they would like to begin construction as soon as possible. There were no questions for the Applicant. Chairperson Messner opened the public hearing. Chairperson asked for public comments. There were no public comments. MOTION by Zurn to close the Public Hearing. Second by Schultz. Ayes: Schultz, Zurn, Messner and Powell. Nays: None. Motion carried. Chairperson Messner asked for any follow -up questions. There were no follow -up questions from the Commissioners. MOTION by Messner to approve the lot size and lot frontage variances to allow the construction of a single family home on the property known as Parcel B located west of Bolivia Avenue and north of 130 Street between 12769 and 12685 Bolivia Avenue, based on the findings of fact in the staff report and subject to the following conditions: 1. Issuance of a building permit. 2. Redesign of the site plan to conform with the driveway setback requirement. 3. Conformance with all septic and well standards including, but not limited to, designation of both a primary and secondary drain field on site. Second by Powell. Ayes: Schultz, Zurn, Messner and Powell. Nays: None. Motion carried. Mr. Lindahl added the follow -up with a building permit when they are ready to begin construction once the 10 day appeal process has ended. Chairperson Messner recessed the Board of Appeals and Adjustments and reconvened the Regular Planning Commission Meeting. Public Hearing: 7A. CASES O4 -59 -FP 04 -60 -04 PP Rosemount Crossing Final PUD Development Plan and Preliminary Plat; CASE 04 -58 -04 FP Rosemount Crossing Final Plat City Planner Pearson stated that he would be making two recommendations concerning the Steiner Development Proposal for Rosemount Crossing. The property consists of PLANNING COMMISSION MEETING MINUTES SEPTEMBER 14, 2004 PAGE 4 about 7.19 acres of land on the northwest corner of State Highway 3 on the east side north of County Road 42. He stated there were 16 recommended conditions of approval for the development plan. Mr. Pearson indicated staff would also be making a separate recommendation for the plat which will subdivide the property into 4 parcels. While staff will be prepared to make a recommendation with those conditions, there are a number of items important to resolve to go through the process and go forward this project to the City Council. Mr. Pearson reviewed the site showing access as well as proposed lots. There will be cross access easements required for property owners since the streets will be private so that access can be shared in and out and maintenance of private driveway and parking lot. The Concept for this development was approved on August 2, 2004. The most important issue earlier was storm water management concerns for the neighborhood and developments in dealing with the residential street system and screening the effects of concerning the effects of the commercial development for area residential properties. Mr. Pearson indicated that any questions regarding the storm water system should be directed to Engineer Aderhold. Mr. Pearson states that issues to resolve prior to City Council meeting are some final technical details with the storm water management system. Planning concerns include parking. When dividing the parking into lot lines there is enough parking for grocery and restaurant but restaurant parking is factored on number of seats and as of right now that is unknown. A concern that is unresolved is the parking dedicated to the large multiple retail building. There is an expectation for a more detailed explanation for the design detail to net out the floor space that translates to the parking requirements calculation. Important features of development include the sidewalk and trail system and outdoor amenities. The landscaping plan shows the outer perimeter of the site is heavily landscaped especially along the residential perimeters. There are three outdoor plaza areas that are site amenities important to the PUD including a small enclosed area on the southern edge of the multiple tenant building which is outdoor seating for a small restaurant occupying one of the bays, there is a slightly larger plaza on the southern edge of the smaller building to overlook the southeast corner amenities a pond, amenities landscaping, and a semi circular patio on the restaurant surrounded by amenities. Staff is seeking the inclusion of the 6,500 square foot restaurant in the first phase of construction that shall require site plan review for conformance with this Planned Unit Development. Mr. Pearson reinforced the need for guaranteeing site amenities. Mr. Pearson reviewed architecture and elevations for the site and noted that not all franchises have been identified so there might be variation but it does set the stage for PUD expectations with brick. The 4,200 sq. ft. restaurant architectural elevations include an overhead door that faces the southeast, opening up directly into the drive through lane. PLANNING COMMISSION MEETING MINUTES SEPTEMBER 14, 2004 PAGE 5 Staff is recommending as part of the PUD agreement that the deliveries be limited to the site so there is no conflict with the drive -thru use. Mr. Pearson indicated that the Landscaping Plan meets minimum standards for the commercial district and tree preservation with two concerns. The first concern is that the plants will not effectively screen the headlight glare until they are mature. Staff recommends plants should be augmented with additional plantings that encompass the entire normal setback area (20 feet from STH 3 right -of -way). Mr. Pearson said it is a lesson from other developments along County Road 42. The second concern is the amount of shade trees should be changed to 25% ash trees and substitute the other 25% with linden or maple since with ash there could be problems or concerns with monoculture. Mr. Pearson pointed out concerns with the lighting plan and staff suggests lowering the height of light standards in the back of the multiple tenant retail area from 23ft to 20ft. The City does have a lighting requirement that lighting standards with in 100 feet of residential areas should be limited to 20 feet over all heights. Mr. Pearson indicated that staff is ready to recommend approval with the 16 conditions to the Plat and recommend a separate motion for final plat to be subdivided into 4 parcels with recommended seven conditions. Chairperson Messner asked for any questions for Mr. Pearson. Mr. Messner questioned if the dock at the ALDI's Grocery Store had room for semis to turn around. Mr. Pearson expected that ALDI's would have only one semi at a time at the dock. He further explained the backing in and turning radius for the dock and that the area is designed for a turning radius large enough for semis. Commissioner Schultz asked what the ration of handicapped parking stalls was compared to regular parking stalls. Mr. Pearson stated that the number of handicap stalls in regulated by the Americans with Disabilities Act and he believed it was one space per 25 stalls. Ms. Schultz also commented that she noticed only one handicap spot in front of ALDI's. Mr. Pearson indicated there is more than sufficient parking in front of ALDI so it could be restricted if warranted. Commissioner Powell wanted to verify with staff that expected traffic generation has been evaluated and no alteration to Highway 3 will be the result. Project Engineer Aderhold indicated that Highway 3 does not need to be altered since there is already a turn lane into Cameron Avenue and a sufficient storage lane to the south. Mr. Aderhold stated that because of the taper for the right turn lane going to County Road 42 that there is sufficient storage on Highway 3 as a result. Commissioner Powell questioned if Condition 3B means the developer will be required to execute an agreement and pay for any maintenance. Mr. Pearson stated that was correct. Chairperson Messner asked if the applicant would like to come forward and address the Planning Commission. PLANNING COMMISSION MEETING MINUTES SEPTEMBER 14, 2004 PAGE 6 Todd Johnson, VP of Development for Steiner Development. Mr. Johnson stated that Steiner Development has revised and updated plans that integrate all of the information and comments that they have received and agreed upon by a ding landscaping, defined public areas, decorative lighting by entrances, a water fountain in the pond, expressed detail of the architecture. Mr. Johnson feels they have worked with all interested parties along the way. He indicated that StormTech Systems engineers would be available for brief explanation of their system and would do a maintenance agreement with the City and the owners of the lots. He further mentioned that the system does need to be monitored to be sure it is cleaned out during intervals. The list of conditions they have worked out with staff and are approaching solutions and will suggest solutions for those they are still working on. Kathy Anderson, President of Architectural Consortium, presented plans for showing extensive amounts of landscaping and plans for development and pedestrian sidewalks. Ms. Anderson indicated they are looking for a main street type of feel. Todd Johnson informed the Commission and staff the coffee tenant with a signed letter of intent for the 4200 sq. foot building is Starbucks. Mark Sholey Regional Engineer, for Advanced Draining Systems (ADS) explained the StormTech System. Mr. Sholey presented a brief explanation of what the system is, how it works underground, and what it looks like. Chairperson Messner asked if anyone had questions for Mr. Sholey. Commissioner Zurn asked if the system actually will be under where the main traffic drive or just the parking stalls area. Mr. Zurn's concern was the heavy trucks that go over the area and any weight limitations. Mr. Sholey responded that the system will be under the drive lanes within the parking area. They system is designed to take on maximum vehicular loads allowed on roads and highways and traffic is not a concern. Mr. Messner questioned how thick the rock basin would be and Mr. Sholey stated that this system has 18 inches and based on averages, 18 inches in more than enough. Commissioner Powell asked if any there will be any infiltration as part of the system into the ground. Jerry Backlin, of Schoell Manson, Inc., stated there would be no infiltration into the ground and also spoke about the emergency overflow unit. Project Engineer Aderhold clarified this going more in depth on the infiltration stating that it was Type A soil infiltration and it did meet the required rate of 1 /12 of an inch/acre /day. Mr. Powell assumed the ground level water is not an issue and it was confirmed by Mr. Aderhold. Mr. Powell asked Mr. Backlin about the manholes included as part of pretreatment and will it be part of the maintenance agreement that some manholes are vacuumed out and Mr. Backlin indicated he was correct. Todd Johnson asked the Commission if they had any further questions and Chairperson Messner asked what conditions he thought they have worked out and what conditions are still at issue. Mr. Johnson stated that at the City Council meeting there were some issues about the timing of the restaurant. Mr. Johnson said that Steiner Development is PLANNING COMMISSION MEETING MINUTES SEPTEMBER 14, 2004 PAGE 7 committed to a full service restaurant that is well run and therefore they take issue at being put in a strict definition of building a restaurant and they do not want to be tied to a date and time. Mr. Johnson indicated that if Phase 1 fits into their definition of Phase 1 it will work out. Chairperson Messner asked since there are four lots does Steiner Development interpret that as four phases. Mr. Johnson said no and that all buildings have full cross easement parking and everyone is in agreement. The continuing phases and construction will be going on a year from now. Mr. Johnson indicated that they have worked with staff to implement some of the items still in this report and working to satisfy staff on issues so the project can move forward. Chairperson Messner asked if anyone else had any comments. Chairperson Messner opened the public hearing. Chairperson asked for public comments. There were no public comments. MOTION by Powell to close the Public Hearing. Second by Schultz. Ayes: Schultz, Zurn, Messner and Powell. Nays: None. Motion carried. 40 Mr. Messner asked for any follow up questions. MOTION by Powell to recommend that the City Council approve the preliminary plat and PUD final development plan for Rosemount Crossing subject to: 1. Execution and recording of a PUD agreement. 2. Inclusion of the 6,500 sq. ft. restaurant in the first phase of construction that shall require site plan review for conformance with this Planned Unit Development. 3. Incorporation of recommendations of the City Engineer regarding drainage, erosion control, grading, street, storm water and utility design including the following specifics: a. An overland storm water emergency overflow (EOF) shall be provided from the north through the site. Revised grading plans with the EOF are required prior to Council review. b. A maintenance agreement shall be required for the underground storm water storage system. c. The sanitary sewer shall be reconfigured to utilize the two stubs already present on -site. d. Storm water calculations shall be submitted prior to council review verifying that the site meets city storm water standards. If the property e. cannot meet the standards an off -site ponding fee shall be charged. The plans shall conform to all City of Rosemount Engineering Standards PLANNING COMMISSION MEETING MINUTES SEPTEMBER 14, 2004 PAGE 8 and guidelines and address comments specifically listed in the following report. f. Dedication of right -of -way for the street connection between Camero Lane and Cambrian Avenue and provision of funds necessary to construct the street to City standards. 4. Reconstruction of Cambrian Avenue for exclusive access into the Rosemount Crossing site and provision of landscaping for screening adjacent residential uses. 5. Plan revisions to eliminate setback and sight triangle encroachments of the monument signs along Highway 3 at the corners with County Road 42 and Cambrian Avenue, and setback encroachments along Highway 3 and County Road 42 for ground signs. 6. Implementation of the revised landscaping plan received on September 7, 2004, and further refine the plan: a. To provide additional plantings within the normal parking setback area along Highway 3 to immediately and effectively screen the drive through from south -bound traffic year round achieving 90% opacity to a height of three feet. b. To reduce the overall percentage of Ash trees (currently more than 50% of all boulevard trees). 7. Provision of a shared parking study or provide additional information regarding building square foot allocations to assess if parking is met on the gross floor area of the buildings. This information is required prior to final review by the City Council. Failure to meet the ordinance standard will require a reduction in building square footage bring the site into compliance with ordinance criteria. 8. Pedestrian or service doors entering into the drive through lane shall not be permitted in the 4,200 sq. ft. restaurant, or delivery times will be restricted to periods exclusive of drive through service availability. 9. Provision of a sign plan for consistency of design of wall signs. The sign plan should designate a sign band for sign placement on each building, the type of signs acceptable on the site, and the sign area for each tenant space. 10. Construction of the sidewalk trail connection to Cornfield Park consistent with specifications of the Parks and Recreation Director. 11. Conformance with the conditions specified in Resolution 2004 -94, the Concept approval for Rosemount Crossing. 12. The four light fixtures lining the outer edge of the retail building service area shall be reduced to 20 maximum heights. Parking lot lighting and wall lighting must be complementary to the light standards along Hwy 3. 13. The light fixture "E-26" shall be moved out of the pedestrian ramp curb cut adjacent to the 22,400 sq. ft. retail building. 14. The applicant obtain necessary permits for work within right -of -way from MnDOT and Dakota County and necessary permits from the State such as the NPDES permit. PLANNING COMMISSION MEETING MINUTES SEPTEMBER 14, 2004 PAGE 9 15. The applicant install masonry trash enclosures consistent with the materials of the principal structures. 16. The applicant provide the three public spaces shown on the final development plan accessory to the freestanding restaurant, south of the coffee shop, and on the southern end of the multiple tenant retail space. Second by Zurn. Ayes: Schutlz, Zurn, Messner and Powell. Nayes: None. Motion carried. Chairperson Messner asked for any follow up questions. MOTION by Messner to recommend that the City Council approve the final plat for Rosemount Crossing subject to: 1. Approval of the Dakota County Plat Commission and Minnesota Department of Transportation as needed. 2. Recording of cross access easements for all lots associated with the plat to have ingress and egress to the Cambrian Avenue access. 3. Execution of a maintenance agreement to maintain and replace as needed private parking lot, driveway and landscaping improvements. 4. Payment of all development fees specified in the current fee schedule associated with the development and subdivision including G.I.S, SAC, STAC, WAC and Park Dedication. 5. Provision of an easement for the park access trail connecting Cambrian Avenue to Camfield Park. 6. Execution of a subdivision development agreement to secure public infrastructure and private improvements to serve the plat including landscaping. 7. The applicant provide all necessary easements for public utilities, including the public drainage system which includes the EOF from the north and south. Second by Powell. Ayes: Schutlz, Zurn, Messner and Powell. Nayes: None. Motion carried. Chairperson Messner asked for any follow -up action for Applicant. City Planner Pearson stated that Steiner Development is set to go before City Council on October 5th pointing out outstanding issues for the detailed design of the emergency overflow and parking issues. Mr. Pearson indicated the issues are expected to be resolved before it goes to City Council. Old Business: None New Business: None PLANNING COMMISSION MEETING MINUTES SEPTEMBER 14, 2004 PAGE 10 Reports: None. City Planner Pearson informed the Commission that the City Council will be holding a special work session regarding the Mining Areas in Rosemount and that more direction will be available in the near future. There being no further business to come before this Commission, upon Motion by Chairman Messner, and upon unanimous decision, the meeting was adjourned at 9:05 p.m. Respectfully Submitted, JJ Am omeier Recording Secretary PLANNING COMMISSION MEETING MINUTES SEPTEMBER 28, 2004 PAGE 1 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, September 28, 2004. Chairperson Jason Messner called the meeting to order at 6:30 p.m. with Commissioners Schultz, Zurn and Powell present. Commissioner Humphrey was absent. Also in attendance were Community Development Director Kim Lindquist, City Planner Rick Pearson, Assistant Planner Jason Lindahl, Project Engineer Anthony Aderhold and Recording Secretary Amy Domeier. The meeting was opened with the Pledge of Allegiance. Additions to Agenda: None Audience Input: None Approval of Minutes: MOTION by Zurn to approve the September 14, 2004 Regular Planning Commission Meeting Minutes with the addition to final motion of the Rosemount Crossing final plat to include the second motion and vote of Commission after initial motion. Second by Powell. Ayes: Schultz, Zurn, Messner, and Powell. Nayes: None. Motion carried. Public Hearing: 5A. CASE 04 -64 -LS Smith (14875 Dodd Blvd.) Lot Split. City Planner Pearson reviewed the Staff Report. Cynthia and Duane Smith submitted an application for lot split approval to sell the western 40 feet of their property to westerly neighbors, Jeffrey and Jackie Doehling of 14885 Dodd Blvd. Mr. Pearson stated that staff supports the request of the lot split and although it does not solve the non- conforming garage situation on the Doehling property, it may provide options for property improvements/building remodeling that currently does not exist. Chairperson Messner asked for questions for Mr. Pearson. The Commissioners had no questions. Chairperson Messner asked for comments from the Applicants. The Applicants had no comment. There were no questions for the Applicants. Chairperson Messner opened the public hearing. Chairperson Messner asked for public comments. There were no public comments. MOTION by Powell to close the Public Hearing. Second by Zurn. Ayes: Schultz, Zurn, Messner and Powell. Nays: None. Motion carried. PLANNING COMMISSION MEETING MINUTES SEPTEMBER 28, 2004 PAGE 2 Chairperson Messner asked for any follow -up questions. There were no follow -up questions from the Commissioners. MOTION by Messner to recommend that the City Council approve the lot split requested by Cynthia Smith for 14875 Dodd Blvd. subject to: 1. Recombination of the forty -foot wide western portion of the split parcel with the property at 14885 Dodd Blvd. 2. Dedication of standard drainage and utility easements except where structures are currently non conforming. 3. Payment of G. I. S. fees. Second by Zurn. Ayes: Schultz, Zurn, Messner and Powell. Nays: None. Motion carried. Mr. Pearson indicated this item will be on the agenda for the October 19, 2004 City Council Meeting as a consent item. Public Hearing: 5B. CASE 04 -62 -LS Golla (3150 145 St. W.) Lot Split. City Planner Pearson reviewed the Staff Report. Robert and Amy Golla submitted an application requesting to acquire a parcel of land from their neighbors, Chad and Greta Hinderaker of 3160 145 Street West. Mr. Pearson indicated that staff does support the request even though it does not solve the non conforming setback issues between the properties but does provide the Golla property with additional area to improve upon the existing condition. Chairperson Messner asked for questions for Mr. Pearson. The Commissioners had no questions. Chairperson Messner asked for comments from the Applicants. The Applicants had no comment. There were no questions for the Applicant. Chairperson Messner opened the public hearing. Chairperson Messner asked for public comments. There were no public comments. MOTION by Zurn to close the Public Hearing. Second by Powell. Ayes: Schultz, Zurn, Messner and Powell. Nays: None. Motion carried. PLANNING COMMISSION MEETING MINUTES SEPTEMBER 28, 2004 PAGE 3 Chairperson Messner asked for any follow -up questions. Commissioner Powell questioned if any existing drainage easements need to be vacated. Mr. Pearson responded that there are no easements on the property. MOTION by Zurn to recommend that the City Council approve the lot split and recombination between the properties at 3150 and 3160 145 Street West requested by Amy and Robert Golla subject to: 1. Recombination of the eastern 25 feet of Lot 7, Auditor's Subdivision No. 27 with the Golla Property. 2. Dedication of standard drainage and utility easements, excepting areas where the existing structures are non conforming. 3. Payment of G. 1. S. fees. Second by Powell. Ayes: Schultz, Zurn, Messner and Powell. Nays: None. Motion carried. Mr. Pearson indicated this item will be on the agenda for the October 19, 2004 City Council Meeting. Public Hearing: 5C. CASE 04 -63 -PUD Connemara Crossing (Basic Builders) PUD Final Development Plan and Preliminary Plat Approval. Assistant City Planner Lindahl reviewed the Staff Report. Basic Builders requests Planned Unit Development (PUD) Final Development Plan approval for 44 attached single family residential units in 10 twinhome and 8 townhome buildings for the vacant property in the southwest corner of Biscayne Avenue and Connemara Trail. The application is a revision of the previous concept PUD for 56 townhome units on the same property. Staff recommends the approval of the Planned Unit Development (PUD) Final Development Plan for 44attached single family homes and 10 twinhomes and 8 townhome buildings on the vacant property. This recommendation is also subject to the conditions listed in the staff report. Chairperson Messner asked for questions for Mr. Lindahl. Commissioner Powell had two questions for staff. The first related to easements. Mr. Lindahl stated that there will be a draining and utility easement over the site that will permit City access to maintain the pond area. Mr. Lindahl went on to say the developer still needs to dedicate trail access easements for both of the internal trails and this is a condition of approval. Commissioner Powell's second question was whether the trails met the American with Disabilities Act requirements. Project Engineer Aderhold commented that the City's policy is that all trails meet the ADA standards and if the standards are not met the trail is typically not put in place. Community Development Director Lindquist clarified the sloping requirements in regards to the 10 to 1 standards in for public works access and stated they do not currently meet these standards and additional revisions are necessary. PLANNING COMMISSION MEETING MINUTES SEPTEMBER 28, 2004 PAGE 4 At that time, ADA standards can also be addressed. Mr. Pearson suggested that the Commission could include a recommendation that the trails would need to meet the ADA standards before going to City Council. Chairperson Messner asked about the center islands and if there are any located in the City of Rosemount and how the engineering department felt about those. Mr. Pearson responded that the first islands where in the northern portion of Evermoor and they have always been controversial between engineering and planning due to maintenance reasons. Community Development Director Lindquist added that engineering is concerned about the level of service and timing of clean-up for snow removal. Project Engineer Aderhold added the issue of sanitary manholes being buried under landscaping for maintenance reasons may create a problem. Commissioner Zurn and Commissioner Schultz had no opinions either way regarding landscape islands in the cul -de -sac. Chairperson Messner would rather see the landscaping along the edge of developments to add screening instead of in a cul -de -sac. Mr. Powell indicated he supports islands in the cul -de -sac. Mr. Powell suggested that in regards to the ADA that a motion be added to include the ADA standards in the conditions. Chairperson Messner asked for comments from the Applicant. The Applicant, Ed McMenomy of Basic Builders Inc. came forward and informed the Commissioners that the trail can be worked out to come in from the north and south end and do an eight foot trail for the residents as well as the public works needing access to trail. Mr. McMenomy questioned if public works moves the snow out of the cul -de -sac islands and if they store it in the middle or out on the outside area. Ms. Lindquist said it is stored in the outside areas. There were no questions for the Applicant. Chairperson Messner opened the public hearing. Chairperson Messner asked for public comments. There were no public comments. MOTION by Powell to close the Public Hearing. Second by Powell. Ayes: Schultz, Zurn, Messner and Powell. Nays: None. Motion carried. Chairperson Messner asked for follow -up questions from the Commissioners. There were no comments. MOTION by Powell to recommend that the City Council adopt a resolution approving the Planned Unit Development (PUD) Final Development Plan for 44 attached single family residential units in 10 twinhome and 8 townhome buildings on the vacant property located in the southwest corner of Biscayne Avenue and Connemara Trail, subject to the following conditions: PLANNING COMMISSION MEETING MINUTES SEPTEMBER 28, 2004 PAGE 5 Planning Conditions: 1. Revisions to the Landscape plan dated August 23, 2004 adding landscaping along the western property line to form a continuous landscaped line adjacent to the railroad and relocation of any plantings proposed on top of utilities. 2. All landscaped areas shall be irrigated including the both landscape islands in the cul -de -sacs. 3. Dedication of a trail and access easement over both internal trails. 4. The proposed 4 -foot concrete sidewalk from the southwestern cul -de -sac to the gazebo on the south end of the Pond should be changed to an 8 -foot bituminous pathway with a maximum 10:1 slope to allow vehicles to access and maintain the pond. 5. Installation of a 5 -foot concrete sidewalk on the south side of street C connecting the sidewalks along Biscayne Avenue and Street A. 6. Establishment of a homeowners' association (HOA) for the maintenance of all common areas including the landscape islands in both cul -de -sacs. Copies of the homeowners' association documents shall be submitted to the City for review and approval by the City Attorney. 7. Payment of parks dedication fees for 44 units calculated using our current fee schedule equal to $105,600 (44 x 2,400). The parks dedication fee shall be based on the fee at the time of final plat approval. 8. The front facades of all units shall be approximately 95 percent brick with only the areas between the top of the garage doors and the bottom edge of the roof line and around the man-doors having maintenance free siding. 9. All trails and sidewalks shall meet the American with Disabilities Act (ADA) requirements. Engineering Conditions: 1. The applicant shall dedicate half of the right -of -way for Biscayne Avenue and all necessary right -of -way for streets A, B, and C. 2. The watermain connection shall be moved to the far south end of the site for a full watermain loop. 3. Due to the wide driveway openings in the cul -de -sacs that minimize snow storage, cluster mailboxes shall be installed for the cul -de -sacs. PLANNING COMMISSION MEETING MINUTES SEPTEMBER 28, 2004 PAGE 6 4. The preliminary erosion control plan needs to depict a rock construction entrance off of Biscayne Avenue. 5. The land use curve numbers appear to be reasonable based on the model input for the site. The plan for the site was proposed to include approximately 200 feet of the site from the south to be routed north. It is recommended that this drainage area be accommodated in the drainage design. Also, part of Street A and the southwest corner of the site are currently shown as flowing off -site and these areas should be accounted for in the design 6. The assumption that the pond will be dry at the beginning of a storm event may not be realistic. The analysis used the dead pool storage (1.42 AF) from the bottom of the pond elevation of 861.0 to the outlet elevation of 864.0 as being retained prior to discharge. This assumption may not occur if rainfall events are relatively close together and the infiltration of the dead pool volume has not returned the basin to the pond bottom. It is requested that the model be executed with the starting elevation of the pond set at the outlet elevation of 864.0 to evaluate the discharge rate and pond bounce if the pond is at the outlet elevation at the beginning of the storm event. The storm water model should be updated and forwarded for this condition to be evaluated. The simulation would also have a bearing on meeting the allowable rate discharge from the site and if a pond fee is necessary. 7. The 1/12 AF /AC /day infiltration rate requirements are not being met for the site assuming that Type "A" soil infiltration rates are used. It could be assumed that the dead pool volume would infiltrate on site in a longer period of time and meet the volume requirement. The infiltration requirements for the site have been included in pond 1687 located north of Connemara Trail. 8. The drainage map has minor discrepancies based on the swales between Lots 13 to 29, Block 1 for the areas flowing to Street A or offsite to the north. This does not appear to affect the drainage area to the dry pond with the exception of the areas flowing north. The mapping should be revised to correspond to the areas flowing to the pond for Subcatchment 8 and 9. 9. The delineation of the drainage area to the south, which is proposed to flow into the site, should be shown on the mapping. 10. The grading plan should include a swale between Lot 28 -29, Block 1 to direct the runoff to the existing structure on the south side of Connemara Trail to intercept runoff prior to entering the street. PLANNING COMMISSION MEETING MINUTES SEPTEMBER 28, 2004 PAGE 7 11. The grading plan should be revised in the vicinity of the bituminous trail between Lot 25 -26, Block 1 to direct runoff to the storm sewer and not flow off site. 12. The grading plan on the southwest corner of the site should be revised to direct the storm water to the pond rather than flow offsite on the railroad property. 13. The storm sewer system outfall to the pond from Street A should be placed between Lots 20 -21, Block 1 to limit the short- circuiting prior to discharge downstream. This would require moving the sanitary sewer manhole in Street A to approximately station 5 +80. This modification will require modification of the easement width over the storm sewer system. 14. It is recommended that an additional catch basin be placed in the cul -de- sac of Street B between Lot 6 -7 due to the additional runoff entering the site from the south. The hydrant in the vicinity would require location modification to provide the required separation. 15. The outfalls to the pond should have riprap to the bottom of the pond to limit erosion. 16. A catch basin shall be installed on the west side of the Bituminous Trail (Lot 26) to improve the interception of runoff in this area and limit the overland flow to the railroad property. 17. The storm sewer manhole location in the Street B system appears to be in the proposed sidewalk. It is recommended that the structure be located outside of the walking surface. Second by Zurn. Ayes: Schultz, Zurn, Messner and Powell. Nays: None. Motion carried. Public Hearing: 5D. CASE 04 -61 -TA Flint Hills Resources Zoning Text Amendment. City Planner Pearson reviewed the Staff Report. Staff is proposing an Interim Use Permit (IUP) process that would give the Council the ability to waive certain GI requirements as part of the process of granting an IUP. The proposed Interim Use Permit will be structured with a removal date, and renewal mechanism if needed. The intent of the process is only to waive zoning standards applicable to permanent buildings. PLANNING COMMISSION MEETING MINUTES SEPTEMBER 28, 2004 PAGE 8 Chairperson Messner asked for questions for Mr. Pearson. The Commissioners had no questions. Chairperson Messner asked for comments from the Applicant. The Applicant, Don Kern, thanked the staff for their cooperation with this matter and the proposed solution. There were no questions for the Applicant. Chairperson Messner opened the public hearing. Chairperson Messner asked for public comments. There were no public comments. MOTION by Powell to close the Public Hearing. Second by Schultz. Ayes: Schultz, Zurn, Messner and Powell. Nays: None. Motion carried. Chairperson Messner asked for any follow -up questions. There were no questions. MOTION by Zurn to recommend that the City Council adopt amendments to the zoning ordinance creating an Interim Use Permit for temporary buildings in the General Industrial District. Second by Powell. Ayes: Schultz, Zurn, Messner and Powell. Nays: None. Motion carried. Mr. Pearson indicated this item will be on the agenda for the October 19, 2004 City Council Meeting. Public Hearing: 5E. CASE 04 -67 -IUP Flint Hills Resources Interim Use Permit. City Planner Pearson reviewed the Staff Report. Flint Hills Resources submitted an application for an Interim Use Permit to construct two temporary "sprung steel" buildings for a construction project anticipated to be complete by September 6, 2006. Flint Hill Resources will also bring in five construction office trailers in support of the project. Mr. Pearson indicated that staff is satisfied that an IUP agreement can be executed specifying the removal date of the structures and other conditions that are deemed necessary in granting the IUP. Chairperson Messner asked for questions for Mr. Pearson. The Commissioners had no questions. Chairperson Messner asked for comments from the Applicant. There was no comment from the Applicant. There were no questions for the Applicant. PLANNING COMMISSION MEETING MINUTES SEPTEMBER 28, 2004 PAGE 9 Chairperson Messner opened the public hearing. Chairperson Messner asked for public comments. There were no public comments. MOTION by Messner to close the Public Hearing. Second by Zurn. Ayes: Schultz, Zurn, Messner and Powell. Nays: None. Motion carried. Chairperson Messner asked for any follow -up questions. There were no questions. MOTION by Powell to recommend that the City Council approve an Interim Use Permit for two temporary steel sprung buildings located at the northeast corner and up to 10 construction trailers on at the southwest corner of Tenth Street and "A" Street for Flint Hills Resources subject to the following: 1. The date of expiration of the IUP shall be September 1, 2006. 2. Each building and trailer requires a building permit and shall conform to all applicable building and fire codes. 3. The applicant obtain a grading permit prior to grading or installation of the temporary buildings. Second by Zurn. Ayes: Schultz, Zurn, Messner and Powell. Nays: None. Motion carried. Mr. Pearson indicated this item is on the agenda for the October 19, 2004 City Council Meeting. Public Hearing: 5F. CASE 04 -70 -TA Animal Ordinance Text Amendment. City Planner Pearson reviewed the Staff Report where staff proposed a text amendment to the Zoning Ordinance to bring the zoning ordinance into compliance with the recommended city code amendments for a new Animal Ordinance. Chairperson Messner asked for questions for Mr. Pearson. The Commissioners had no questions. Chairperson Messner opened the public hearing. Chairperson asked for public comments. There were no public comments. MOTION by Messner to close the Public Hearing. Second by Powell. Ayes: Schultz, Zurn, Messner and Powell. Nays: None. Motion carried. Chairperson Messner asked for any follow -up questions. There were no questions. PLANNING COMMISSION MEETING MINUTES SEPTEMBER 28, 2004 PAGE 10 MOTION by Messner for an ordinance to amend the Zoning Ordinances as recommended when the new Animal Ordinance is adopted by the City Council. Second by Schultz. Ayes: Schultz, Zurn, Messner and Powell. Nays: None. Motion carried. Public Hearing: 5G. CASE 04 -65 -TA Planned Unit Development (PUD) Text Amendment. Assistant Planner Lindahl reviewed the Staff Report for the staff initiated proposed text amendment relating to the Planned Unit Development standards. Staff has found that the current process did not provide enough initial information to adequately review proposed projects. City Council has directed staff to amend the existing PUD process requiring more information at the beginning of the review process as well as rezoning to a specific PUD designation. The proposed text amendment would replace the existing PUD ordinance and meet the standards desired by the Council. Further, it would include more detailed criteria for reviewing PUD amendments. Chairperson Messner asked for questions for Mr. Lindahl. Mr. Messner asked if the general intent is to understand what we are getting when we rezone so there are no changes mid stream through the process of the PUD. Mr. Lindahl stated that staff is looking to make sure they get what was approved for in the project by holding them to the zoning standards and to add specific criteria under the development standards so it will be clearer. Chairperson Messner opened the public hearing. Chairperson asked for public comments. There were no public comments. MOTION by Powell to close the Public Hearing. Second by Zurn. Ayes: Schultz, Zurn, Messner and Powell. Nays: None. Motion carried. Chairperson Messner asked for any follow -up questions. There were no questions. MOTION by Zurn to recommend that the City Council adopt an ordinance amending Section 12.6 of the Zoning Ordinance relating to Planned Unit Development Standards. Second by Messner. Ayes: Schultz, Zurn, Messner and Powell. Nays: None. Motion carried. Mr. Lindahl indicated this item will be on the agenda for the October 19, 2004 City Council Meeting. PLANNING COMMISSION MEETING MINUTES c SEPTEMBER 28, 2004 PAGE 11 Old Business: None. New Business: Community Development Director Lindquist gave an update on Community of Hope. Community of Hope had a proposal and had indicated in the original site plan that they were going to be constructing the central portion of the building first but now have chosen instead to construct the north portion. Ms. Lindquist indicated it is just a change in their phasing and they continue to meet the conditions of the approval. Reports: Community Development Director Lindquist updated the Commission on the items on the agenda and stated all those items were consent agenda items. The Glendalough Minor PUD Amendment reinforced the need to look at the PUD ordinance. The applicant could not meet the criteria for hard surface coverage and that was made known after the PUD process and so this amendment recognized this development will have more hard surface coverage than the traditional zoning district. On September 15, 2004 the City Council had a work session to discuss the Dean Johnson project which is on Sunrise Lumber. The developer is willing to give an extension to the City so the Council can discuss future capital goals as well as site specific traffic issues. Ms. Lindquist added the discussion about the asphalt plants in relation to mining areas was also part of the workshop. The City attorney and staff had a conversation with regard to allowing this type of use and a recommendation for an IUP process was given to the City Council that would modify the general industrial zoning district. Staff did mail the RFQ to developers for the Downtown Redevelopment. A meeting was held on September 21 for the interested parties and the submittals will be due on October 11 Staff plans to have a development team on board by December to start working on the planning projects. Planning Commission Requests: Commissioner Zurn requested that staff provide more information on affordable housing in Rosemount. There being no further business to come before this Commission, upon Motion by Chairman Messner, and upon unanimous decision, the meeting was adjourned at 7:59 p.m. Respectfully Submitted, ALP7/ J 1 E(2/f Amy Domeier Recording Secretary r rI PLANNING COMMISSION MEETING MINUTES NOVEMBER 23, 2004 PAGE 1 4110 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, November 23, 2004. Chairperson Jason Messner called the meeting to order at 6:30 p.m. with Commissioners Schultz, Zurn and Powell present. Commissioner Humphrey was absent. Also in attendance were Community Development Director Kim Lindquist, City Planner Rick Pearson and Recording Secretary Amy Domeier. The meeting was opened with the Pledge of Allegiance. Additions to Agenda: None. Audience Input: None. Approval of Minutes: MOTION by Zurn to approve the October 26, 2004 Regular Planning Commission Meeting Minutes. Second by Schultz. Ayes: Schultz, Zurn, Messner and Powell. Nayes: None. Motion carried. Consent Agenda 5A. Approval of CASE 04 -76 -FP Meadows of Bloomfield Third Addition Final Plat. 5B. Continuance of CASE 04 -79 -TA Site Plan Review Text Amendment. 5C. Continuance of CASE 04 -78 -IUP Interim Use Permits for Asphalt Plants in the GI District Text Amendment and CASE 04 -77 -IUP Pine Bend Asphalt Plant Interim Use Permit. MOTION by Powell to approve the Consent Agenda Items 5A, B and C. Second by Zurn. Ayes: Schultz, Zurn, Messner and Powell. Nayes: None. Motion carried. Public Hearing: 6A. CASE 04 -82 -CP Rosewood Estates Comprehensive Guide Plan Amendment. Community Development Director Lindquist reviewed the Staff Report. The City has initiated a reguiding of residentially designated property in the Rosewood Estates area of the community. The property proposed for reguiding fronts along County Road 42, west of Biscayne Avenue and north of existing commercial, immediately east of the main line railroad tracks. Chairperson Messner asked the Commission if they had any questions for Ms. Lindquist. Commissioner Powell requested a copy of the map exhibit. Commissioner Zurn questioned who had ownership of the sites and how traffic would access the west site. Ms. Lindquist responded that Progress Land owns the property in the Northwest and the Lighthouse Community Church owns the property in the east. Ms. Lindquist explained the traffic issues saying one idea is to cul -de -sac Business Parkway so there is an actual disconnect between the residential and commercial. Chairperson Messner had a question PLANNING COMMISSION MEETING MINUTES NOVEMBER 23, 2004 PAGE 2 about maintaining Business Parkway south of the proposed frontage road. Ms. Lindquist said the County would leave the intersection as is until signal warrants were met. The County would close the median and allow for a right in and right out when the warrants were met or a signal light would be put in at Biscayne. Commissioner Powell asked about the report indicating the whistle noise solution and what it included. Ms. Lindquist said Council had a work shop session on that particular topic and that there are new federal regulations that allow for cities to avert the whistle blowing requirement but they require significant medians to be installed and additional road crossing systems. The whole idea is that people cannot go around the crossing bar because of the physical constraints on the road. Mr. Powell stated the letter from Maxfield Research refers specifically to big box development on County Road 42. Ms. Lindquist said the assumption is that the land area is such that it would be a larger user rather than a specialty user as in the downtown. Chairperson Messner opened the public hearing. Drew Storely, 14808 Boston Circle, stated that he visited homes in the area and 49 owners signed a petition asking that the rezoning not happen. Mr. Storley spoke about his concerns that when building they were told that the northwest would be single family townhomes and the southeast was owned by the church. He stated residents of the area were not told of any possible rezoning and homeowners feel they are not treated fairly and expressed traffic and safety concerns. Finally, he asked the Commission honor the zoning from when homes were built and honor the intentions that they were told when they built homes. Mr. Storley handed the petition to the recording secretary. Renee Ward, 2602 148 Street West, stated she moved to Rosemount for the small town feeling, peace and quiet, and privacy. Ms. Ward checked with the City before purchasing the property that the lots behind her were zoned residential. Ms. Ward requested that the City uphold the original commitment to the neighborhood. Matt Cassity, 14884 Brenner Court, questioned the access of the north side of the commercial portion off of the Business Parkway and how the area would have visibility but no access. Ms. Lindquist stated if the neighbors were concerned about traffic that Business Parkway would be disconnected. The neighborhood would come from the north and the commercial traffic would come from Biscayne. Mr. Cassity wondered what it meant when the report stated this would reduce reliance on residents. Ms. Lindquist responded that right now the tax base in the City is approximately 80% residential and about 20% commercial. The council is trying to reduce the tax burden on residental properties and that bringing in commercial property is a tax benefit to residents. Mr. Cassity asked for copy of the ordinance specifically regarding commercial property relating to residential. Ms. Lindquist said it is in the zoning ordinance and that the standards are dispersed throughout each zoning district and have specific standards. Chairperson Messner stated that the meeting is to talk about guiding of the property and not specific rezoning. Mr. Cassity also wanted to know more about the church. Ms. Lindquist said it is the Lighthouse Church. City Planner Pearson gave the history of the PLANNING COMMISSION MEETING MINUTES NOVEMBER 23, 2004 PAGE 3 Lighthouse Church development. Mr. Cassity asked for clarification about stoplights on Business Parkway and on Brenner Court. Ms. Lindquist stated the signal light would be at Biscayne. Chairperson Messner stated to the audience that it would be helpful if comments are made if you feel there is a difference between the potential reguiding on the east side of Business Parkway versus the land on the west side of Business Parkway and if they viewed a distinction. Renee Ward, 2602 148 Street West, asked for clarification of Messner's request. Ms. Ward's personal view is when she chose her lot, Bill Ryan told her the west side was commercial which is why she chose a lot further down and as far as the east side she was told it was residential and called the city to make sure it was residential. Ms. Ward said the only reason she bought that lot was because the east was zoned residential. Drew Storley, 14808 Boston Circle, stated the neighborhood was hoping both parcels would remain residential and hopefully the west side would be residential. Mr. Storely raised two other points stating the residents knew about railroad noise when they bought their homes and the new signs posted by Progress Land Company advertising the sale of commercial lots. Mark Bany, 14652 Bloomfield Way, resides across from Biscayne Avenue and stated his concerns about traffic. Mr. Bany also said the City has not wanted commercial property in the past and it should stay that way. David Kulawczyk, 2614 148 Street West, spoke about the tax issues. Mr. Kulawczyk stated he enjoys the pond and the kids in the area playing in the courts of development but is concerned about the service drive, lighting, traffic, dumpsters, noise and crime. Melissa Kenninger, 2734 148 Street West, said she would like to see a park on the west side. Ms. Kenninger stated she lives near the railroad and the noise is not that bad and feels people would buy townhomes along the railroad. Ms. Kenninger expressed her concerned about property value and the crime rate. She would like to keep the small town feel. Beth Wright, 2542 148 Street West, spoke to someone in City Planning when building and that she knew about the railroad noise. Ms. Wright mentioned the bonuses of moving to Rosemount and that she plans to live here a long time and asks the City to reconsider and not move forward on the proposal. Vicki Myers, 14810 Boise Circle, stated she agreed with the objections already stated and indicated she had previous experience living near commercial land. Ms. Myers feels the commercial development will invite trouble. She feels deceived about the proposed change. PLANNING COMMISSION MEETING MINUTES NOVEMBER 23, 2004 PAGE 4 David Gatz, 2669 148 Street West, declared the Council needs to answer a bigger question and that is what to do with Rosemount. Mr. Gatz feels there is an attraction to the small town feel and he understands the tax implementations. He indicated people don't want a lot of big commercial areas in the City. Terry Virden, 2729 148 Street West, mentioned he lives in the only house not separated by a road near the commercial development and asked that the City stick to the original plan. Mike Olson, Project Manager of Rosewood Project, Progress Land Company, clarified items for the audience. Mr. Olson stated the parcel marked "W" on the map is a parcel that was zoned residential right from the start. About a year or more ago Progress Land was approached by Ryan Construction who is an agent who works closely with Target. Progress Land told Ryan Construction they would be willing to sell the property to them as long as they were the applicant. The parcel that is marked "C" has been commercial. As far as the sign advertising commercial lots that is for the commercial lots and no one has emerged as a commercial user to purchase the land. Mr. Olson stated he respected the concerns of the people that have bought lots and that there is a real feasibility issue with developing commercial land on the parcel marked "W According to Mr. Olson, there has never been an apparent willingness by the county to put in a four -way signal at the intersection between parcels "C" and "E Mr. Olson spoke of the frontage road proposed through "E" and the interchange. He feels the City has a need for commercial property but Progress in not driving the change to the comprehensive plan. Prior to receiving notice from city of the comp plan amendment Mr. Olson stated they had started working on another residential concept for the development of parcel "W An unidentified audience member then questioned Mr. Olson. Chairperson Messner asked that the audience come up and speak into microphone. Mike Olson stated there is a need for the City to have commercial development but that he content if this doesn't pass. An unidentified woman questioned Mr. Olson. Chairperson Messner again addressed the audience stating all comments need to be on the record. Mr. Messner stated this was a city staff initiated proposal to reguide the property. This is a first step in trying to figure out if this type of proposed requiding should go forward. Mike Olson commented that Pastor Kraig owns parcel "E" and that he is not driving this change. Chairperson Messner stated that specific questions for Mr. Olson could be asked outside. Bobby Bany, 14652 Bloomfield Way, questioned what the reasons are for the City rezoning commercial. Ms. Lindquist explained that Council goals prompted some initial PLANNING COMMISSION MEETING MINUTES NOVEMBER 23, 2004 PAGE 5 discussions with the Council about available commercial land in the City. These were two sites identified as potential commercial due to their locational qualities. Ms. Lindquist clarified that the City Council makes a determination based on the discussion at the meetings and consistency with adopted goals. Melissa Kenninger, 2734 18 Street West, questioned why the residents were not made aware of Target's interest. Ms. Kenninger asked about what kind of development to expect south of County Road 42 and if Ryan Construction and Ryan Real Estate were related companies. Mr. Olson stated that there are probably 20 Ryan Construction companies in Minnesota and they are not related. Progress Land did not solicit Target and Target cancelled the option with Progress Land because of access issues. Mr. Olson questioned how feasible commercial is for the area. Community Development Director Lindquist addressed Ms. Kenninger's concerns stating the city's discussions with Target were fairly recent. Ms. Lindquist also stated the land south of County Road 42 is the University property and stretches to a 1 /2 mile west of Highway 52 about 2,800 acres in Rosemount. Matt Cassity, 14884 Brenner Court, questioned how recent the Target offer came about. Chairperson Messner stated the Target issue is not relevant but Mr. Cassity said he felt it was a valid concern. Ms. Lindquist stated the City talked to Target in May or June of this year. Mr. Messner stated that companies are always out probing for new land but that does not mean a deal will happen. Mr. Cassity said he cannot imagine a worse case scenario than what is happening right now and opposes it. Drew Storley, 14808 Boston Circle, said he appreciated Mr. Olson's input and asked if Progress Land feels it is possible to develop residential land to the west and would it be profitable. Mr. Olson stated the main railroad spur development has been a perplexing problem. There is a difference between the spurs that run through and feed the main railroad track. The properties "C" and "W" front the main railroad and there is obviously more noise and traffic. Progress Land is open to the idea of doing residential along the railroad but not sure the property along County Road 42 would work. Mr. Olson asked that Kraig Kestner speak on the church's part. Pastor Kraig Kestner, 15587 Cherry Path, stated that the church has been trying to sell the property for two years. The Church is not in a financial position to build a church. Commissioner Zurn asked if Pastor Kestner has been approached by the CDA about low income housing and townhomes. Pastor Kestner said yes and that they have gone through two appraisals and there was quite a disparity in the appraisals. The County withdrew their interest based on the Church's appraisal. PLANNING COMMISSION MEETING MINUTES NOVEMBER 23, 2004 PAGE 6 Assistant Pastor Harvey Matson, 14950 Camfield Circle, stated he has experience with the same issues with development near his residence. Mr. Matson said our trust is in God and however it develops he is not pushing for it one way or another but that low income housing and mall development all bring their own challenges. MOTION by Zurn to close the Public Hearing. Second by Powell. Ayes: Schultz, Zurn, Messner and Powell. Nays: None. Motion carried. Chairperson Messner asked for any follow -up discussion. Commissioner Powell asked for a copy of the exhibit used as a reference. Mr. Powell had a few comments for the commission including concerns with creating the long cul- de -sac, signals, timing, and access. Mr. Powell said it already sounds like there is a concept in the works for the west site for residential and he has seen other areas where there is residential near railroad tracks. Mr. Powell was concerned with the ponds. Mr. Powell commented that the overriding issue considered is that residents did a lot of research when moving into the area and to have that change would have a significant negative impact on the neighborhood and certain lots would be double fronted and for those reasons and the public comment he would vote against reguiding the area to commercial. Commissioner Schultz questioned what the Met Council thoughts would be on the issue. Ms. Lindquist stated that typically the Met Council reviews comprehensive plan amendments based on a regional systems impact and this wouldn't have one. Commissioner Messner had a question about the east parcel. Given Dakota County's position that there would be no signal regardless of the development in the East whether low income housing, townhomes, commercial property does any of those potential uses dictate that some type of road connect between Business Parkway and Biscayne. Ms. Lindquist stated a road connection all the way through would make the most sense from any kind of planning standpoint whether residential or commercial. Mr. Messner asked if the spacing of that access unto Biscayne would have to be as far north as possible. Ms Lindquist answered yes stating you want as much stacking as possible at both of the intersections. Mr. Powell asked would the staff think that the City would consider vacating any portion of Business Parkway as it sounds like it won't get any use with future development. Ms. Lindquist stated that the intersection will stay open as long as the signal warrants were not met. When warrants are met at Biscayne or Business Parkway a signal will go in at Biscayne and Business Parkway connected to a 3 /4 intersection. At some point those options will be discussed. Commissioner Zurn thanked the audience for participating as well as Mr. Olson and the Pastors. Mr. Zurn agreed with Powell and would vote against the motion. PLANNING COMMISSION MEETING MINUTES NOVEMBER 23, 2004 PAGE 7 1 MOTION by Powell to not recommend that the City Council approve the Comprehensive Amendment from UR Urban Residential to C Commercial subject to Metropolitan Council approval. Second by Zurn. Ayes: Schultz, Zurn, Messner and Powell. Nays: None. Motion carried. Ms. Lindquist indicated that the City Council is the final determination on this matter and the goes before the City Council on December 21, 2004. Public Hearing: 6B. Union Pacific Railroad Lot Split and Combination (12555 Clayton Avenue). City Planner Pearson reviewed the staff report. The Union Pacific Railroad is expanding the corridor along the southwestern and southern edges of the General Industrial area. This application concerns the acquisition of five parcels of land from properties adjacent to the corridor. Chairperson Messner asked the Commissioners for any questions. Chairperson Messner asked for comments from the Applicant. The Applicant, Steve Sand, 1400 Douglas Street, Omaha, Nebraska, asked that the condition for the dedication of the cross access be removed. Mr. Sand did not feel it was directly related to the item before the board. Chairperson Messner had a question regarding the cross access and why he felt it was not related. Mr. Sand stated his position was that unlike a subdivision where you ask for street and alley dedication, all Union Pacific wants to do is split the right -of -way to record the deed and that they are being asked to give up property under the bridge for the road dedication and it seems beyond what they are trying to get at it tonight. Mr. Messner asked if they are looking for the right -of -way to be given to the City or some kind of a cross access easement. City Planner Pearson stated the City is asking for the ability to get an easement to this area because the City does not have a street designed at this time but does anticipate one in the future. Mr. Pearson stated the city attorney felt that this was a reasonable request by the staff to make during this process. The City is not asking for the normal fees that are required for normal platting or subdivisions. Mr. Sand stated he is hesitant to commit to something that will happen in the future and he would rather that in the future Union Pacific evaluate it when the road and plan are moving forward. Mr. Pearson added that the City would have every intention of working through whatever permitting structure is required to make sure that the design of the road doesn't conflict with the function of the corridor as well as getting the necessary permits from MnDOT. Mr. Messner asked for the clarification on what item 3 included. Mr. Pearson responded that the underpass of the bridge is the footprint of the road but that the road will have to curve to the south to 140 street once development comes into the area. PLANNING COMMISSION MEETING MINUTES NOVEMBER 23, 2004 PAGE 8 Mr. Messner asked why there are varying widths and gaps. Mr. Sand responded that the additional right -of -way parcels are to accommodate cuts and fills. Mr. Powell was wondering if the railroad had reviewed any sort of concept design for the trail and the street that the City is asking for an easement and was concerned about the safety issues of the railroad. Mr. Sand responded that the State had plans showing the tracks and the future road and the bike trail. The structure has been reviewed so that it accommodates that road but that Mr. Powell was right and the plans will need to be reviewed again for the operational and engineering impacts and for the real estate impacts and what does the railroad give up by agreeing to it. If the road is built five years down the road there might be a chance that the railroad does not own the land. Mr. Messner had a question about the dedication of an easement. Mr. Pearson stated that there are some options available for laying out the easements. Mr. Messner asked about the MnDot giving Union Pacific money. Mr. Sand said that some parcels were condemned in the project and in the settlement the state gave some funds to go to out and make all the track modifications necessary to accommodate the State's project. Mr. Sand said the funds given were for damages and replacement property. Mr. Sand said the challenge on his end is what the road will look like, how big will it be, and what income will go away because they are not charging the City for the Easement. Mr. Messner stated that the City should charge all of the fees it normally would for a split for getting the necessary right of way. Commissioner Powell was concerned that beneath the bridge there is an alignment for a street and trail and that the railway may not be able to meet the safety standards of the final design from a traffic and rail standards. Community Development Director Lindquist stated the situation is not much different then other subdivisions where we get road alignments without the whole layout of the road. Ms. Lindquist said the City will need to get additional permits from the rail line to make sure that it does meet the safety requirements and the condition allows the city to preserve our options as allowed by the Subdivision Ordinance. The City uses this opportunity to gain what they need to address the issues in the area. Ms. Lindquist is uncomfortable not requiring the condition stating this lays the ground work and the commitment from the rail line that that road will be going there. Ms. Lindquist further stated that the City would meet the safety requirements through the permitting process and couldn't construct a road without meeting the requirements. Chairperson Messner opened the public hearing. Chairperson Messner asked for public comments. There were no public comments. MOTION by Messner to close the Public Hearing. Second by Schultz. Ayes: Schultz, Zurn, Messner and Powell. Nays: None. Motion carried. Chairperson Messner asked for follow -up questions from the Commissioners. MOTION by Messner to recommend that the City Council approve a series of lot splits requested by Union Pacific Railroad, subject to PLANNING COMMISSION MEETING MINUTES NOVEMBER 23, 2004 PAGE 9 1. Recombination of the parcels with the railroad corridor or right -of -way. 2. Payment of G.I.S. fees. 3. Dedication of cross access for the local street and trail construction and use on the south side of the U.S. 52 railroad underpass within the rail corridor. Second by Zurn. Ayes: Schultz, Zurn, Messner, and Powell. Nays: None. Motion carried. Mr. Pearson indicated this item will be on the agenda for the December 21, 2004 City Council Meeting. Old Business: None. New Business: None. Reports: Community Development Director Lindquist updated the Commission on the items acted on by the City Council and Port Authority activities in regards to the downtown revitalization. Planning Commission Requests: None. S There being no further business to come before this Commission, upon Motion by Chairman Messner, and upon unanimous decision, the meeting was adjourned at 8:49 p.m. Respectfully Submitted, 1.91 4,0 Amy 1 omeier Recording Secretary BOARD OF APPEALS AND ADJUSTMENTS MEETING MINUTES DECEMBER 14, 2004 PAGE 1 Pursuant to due call and notice thereof, the Board of Appeals and Adjustments Meeting was held on Tuesday, December 14, 2004. Chairperson Jason Messner called the meeting to order at 6:30 p.m. with Commissioners Schultz, Zurn, Humphrey, and Powell present. Also in attendance were Assistant City Planner Jason Lindahl and Recording Secretary Amy Domeier. The meeting was opened with the Pledge of Allegiance. Additions to Agenda: None. Audience Input: None. Public Hearing: 4A. CASE 04 -81 -V Woodveiw Construction Company (Cambrian Avenue) Variance. Assistant City Planner Jason Lindahl reviewed the Staff Report. The applicants, Woodview Construction Company, request lot size, lot width, and lot depth variances to allow the construction of a single family home on the property known as Lot 14, except the north 7 feet thereof, Marian Terrace Replat located at the southern end of Cambrian Avenue just north of the Rosemount Crossing (ALDI) commercial site. Chairperson Messner asked the Commission if they had any questions for Mr. Lindahl. Mr. Messner had two questions for Mr. Lindahl about the shed that may encroach on the proposed variance and if the shed would have to be removed. Mr. Lindahl indicated that staff recommends that the accessory building either be moved to the appropriate setbacks on the property and meet the standards for exterior building materials or that it simply be removed. Commissioner Powell questioned if there were any existing utility stubs to the lot and if they will affect the conditions being placed. Mr. Powell also asked if the well would need to be capped. Mr. Lindahl stated that the applicant consulted with the City Engineer about the utility stub and that in a real estate transaction the well would be required to be capped. Mr. Lindahl suggested that the Commission could add the well capping as a condition of approval. Mr. Messner asked about driveway access and if Lot 15 was in conformance. Mr. Lindahl stated that there is a separate curb cut that serves the accessory building and that because this application is not a lot split staff did not look at the effect of the property lines on the proposed uses. The variance would establish the rights to build on Lot 14 and the applicant is not requesting to move the lot line between the two lots. Mr. Messner asked if this is a lot split or a replat. Mr. Lindahl said that in this case they are simply asking for variances to establish the buildability of the separate lot they are not plating or recording any changes in the size or dimension of the lot. BOARD OF APPEALS AND ADJUSTMENTS MEETING MINUTES DECEMBER 14, 2004 PAGE 2 Commissioner Schultz questioned if the applicant flips the garage how much would that violate the setback and could that come precedent setting. Mr. Lindahl stated that the applicant mentioned flipping the lot in their analysis and that the house would encroach into the setback a minimum amount. Staff does not see this as a different type of variance that would be precedent setting. Mr. Messner asked the Applicant to come forward. Bill Broback, Woodview Construction Company, came forward and offered to answer any questions from the Commission. Chairperson Messner asked that he answer the last question regarding the flipping of the house. Mr. Broback said if the house if flipped that the corner of the garage would be three feet closer than the 31 foot setback already there. Mr. Broback further commented that the real reason the house is positioned this way is due to the main living area of the home facing the rear of the lot and the only window facing the ALDI site is the living room window which would be less used. In regards to setback it would be less than 30 feet to the corner of the garage if the house was flipped. Commissioner Zurn asked if the applicant had any plans for buffering along the street across from Rosemount Crossing. Mr. Broback said he has thought of maybe doing a fence and other plantings but has no firm plans. Mr. Messner asked if that would come back before the Commission before the building permit was issued. Mr. Lindahl stated that if the applicant wanted to do landscaping they would be within their rights the only limit would be the site triangle related to assess off of Cambrian and Highway 3 and as long as there were not in a drainage and utility easement. If the applicant wishes to do a fence as long as fence permit was submitted and followed the current zoning standards a fence could be installed. The standards in this case since this a corner lot that does not face an opposing front yard, the applicant would be able to build a six foot high fence along the entrance ALDI's site. If it became within either 25 foot site triangle area the 30ft setback from Cambrian Avenue it would have to drop down to 3 1/2 feet in high. Mr. Messner questioned if this will stay the case since Cambrian Avenue will no longer be a through street since it will now be on a curve regarding the setback issue with the fence. Mr. Lindahl stated there wouldn't be a typical 25 foot site triangle issue but there would be the 30 feet setback issue. Chairperson Messner opened the public hearing. MOTION by Powell to close the Public Hearing. Second by Schultz. Ayes: Schultz, Zurn, Messner, Humphrey and Powell. Nays: None. Motion carried. Chairperson Messner asked for any additional questions or comment. Commissioner Powell had a concern that if someone purchases the property and doesn't realize the development going on nearby and the limitations with the plantings. Mr. Powell asked Mr. Lindahl to recommend a condition to disclose the restraints on this lot. BOARD OF APPEALS AND ADJUSTMENTS MEETING MINUTES DECEMBER 14, 2004 PAGE 3 Mr. Lindahl stated that a condition could be imposed. Mr. Lindahl recommend language of "The applicant is required to furnish any potential purchaser a disclosure statement stating the intentions for a commercial development on the property immediately to the south and that any fencing or landscape buffering of the site will be subject to the standards set forth in the Zoning Ordinance." Mr. Messner commented that the commercial development is obvious and that most anyone would figure it out what is going on there and it may not be a necessary requirement. Mr. Lindahl suggested that the Commission ask the applicant for the timeline on the building of the home once the variance would be passed. Staff understands that the only building permit that has been issued is for the ALDI's site. Mr. Messner asked when the City plans to redesign Cambrian Avenue and any timeline for that project. Mr. Lindahl said he could provide that information to the Commission first thing tomorrow morning after some consultation with the City Engineer. Mr. Messner then changed his mind and said it doesn't hurt to have the applicant give a disclosure statement. Mr. Powell agreed that a disclosure statement should not have to be provided but it does not hurt to include it. Mr. Powell then asked for assistance for a new condition number 4. Mr. Messner asked if Mr. Powell wanted to remove condition 2. Mr. Powell agreed to remove condition 2 and add a condition 4. MOTION by Powell to approve lot size, lot width, and lot depth variances to allow the construction of a single family home on the property known as Lot 14, except the north 7 feet thereof, Marian Terrace Replat based on the findings of fact contained in this report and subject to the following conditions: 1. Issuance of a building permit. 2. Remove all existing non conforming accessory building or bring them into compliance with all applicable performance standards. 3. The applicant is required to furnish any potential purchaser a disclosure statement stating the intentions for a commercial development on the property immediately to the south and that any fencing or landscape buffering of the site will be subject to the standards set forth in the Zoning Ordinance. Second by Zurn. Ayes: Schultz, Zurn, Messner, Humphrey and Powell. Nays: None. Motion carried. Mr. Lindahl indicated the next step for the applicant is to obtain a building permit application and that the building permit will be reviewed and issued if no appeal is made within 10 working days. BOARD OF APPEALS AND ADJUSTMENTS MEETING MINUTES DECEMBER 14, 2004 PAGE 4 There being no further business to come before this Board, upon Motion by Chairman g p Y Messner, and upon unanimous decision, the meeting was adjourned at 7:09 p.m. Respectfully Submitted, °6'6(24 Amy Domeier Recording Secretary PLANNING COMMISSION MEETING MINUTES DECEMBER 28, 2004 PAGE 1 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, December 28, 2004. Chairperson Jason Messner called the meeting to order at 6:30 p.m. with Commissioners Schultz, Zurn, Humphrey and Powell present. Also in attendance were Community Development Director Kim Lindquist, City Planner Rick Pearson, Project Engineer Anthony Aderhold and Recording Secretary Amy Domeier. The meeting was opened with the Pledge of Allegiance. Additions to Agenda: None. Audience Input: None. Approval of Minutes: MOTION by Zurn to approve the November 23, 2004 and December 14, 2004 Planning Commission Meeting Minutes. Second by Powell. Ayes: Schultz, Zurn, Messner, Humphrey and Powell. Nayes: None. Motion carried. Public Hearing: 5A. Case 04 -75 -CUP Flint Hills Resources Conditional Use Permit. City Planner Pearson reviewed the Staff Report. Flint Hills Resources requested a conditional use permit (CUP) to construct two large storage tanks near Rich Valley Blvd. (County Road 71). The CUP is required for multiple buildings or uses in the General Industrial District. Revised conditions were handed out from that shown in the staff recommendation. Chairperson Messner asked the Commission if they had any questions for Mr. Pearson. Chairperson Messner had a question regarding the dike and how high the earth and burm would be. Mr. Pearson responded that it would be an eight foot tall dike. Mr. Messner then asked what the height was of the existing tanks in the east as compared to the tanks in question. Mr. Pearson said they are shorter and in the vicinity of 30 -40 feet tall. The applicant did not have any comments for the Commission. Chairperson Messner opened the public hearing. MOTION by Powell to close the Public Hearing. Second by Schultz. Ayes: Schultz, Zurn, Messner, Humphrey, and Powell. Nays: None. Motion carried. Chairperson Messner asked for any follow -up discussion or questions. MOTION by Messner to recommend that the City Council approve the conditional use permit for Flint Hills Resources subject to: PLANNING COMMISSION MEETING MINUTES DECEMBER 28, 2004 PAGE 2 1. Conformance with building and fire codes. 2. The applicant install 139 boulevard trees along County Road 71. 3. Flint Hills Resources shall apply for an amendment to the NPDES permit to include the additional containment area with documentation provided to the City. 4. The City Attorney has recommended that the "Declarant (Flint Hills Resources) shall execute and record in a form satisfactory to the City Attorney a declaration of covenants joining the two properties and providing that they shall not be held, conveyed, transferred or mortgaged separately or apart from each other. For the disposition of the Section line impact on the review of the storage tanks. Second by Powell. Ayes: Schultz, Zurn, Messner, Humphrey, and Powell. Nays: None. Motion carried. Mr. Pearson indicated the item will go before the City Council on January 18, 2005. Public Hearing: 5B. Case 04 -77 -TA Zoning Text Amendment for Asphalt Plants as an Interim Use Permit in the General Industrial District. City Planner Pearson reviewed the Staff Report. Staff initiated this item based upon a request by a local business and discussion by the City Council regarding the appropriate mechanism for locating asphalt plants in the City. Discussions resulting from the IUP application elsewhere on the agenda have prompted the preparation of the attached draft ordinance language. The text amendment regulates Asphalt plants permitted in the General Industrial District by granting of an Interim Use Permit (IUP). Chairperson Messner asked the Commission if they had any questions for Mr. Pearson. Commissioner Powell questioned if the areas where the plants would be generally located are outside the existing MUSA line and areas that would not require utility service in the near future. Mr. Powell was concerned with filling the MUSA area with asphalt plants. Mr. Pearson responded that the area north of County Road 42 on either side of Highway 52 and a small area south of 55 and east of 52 are all zoned General Industrial and in the MUSA. That is a fairly large area and an area where it is feasible that an asphalt plant could be located off of Highway 55 but eventually the area may be zoned differently by the railroad tracks. Mr. Powell then asked for clarification of Item H. Mr. Pearson noted the typographical error in line three of Item H. Mr. Messner asked if there was a problem with traffic or the height of stock pile what kind of remedy is there under an IUP. Mr. Pearson stated the IUP could be revoked if not PLANNING COMMISSION MEETING MINUTES DECEMBER 28, 2004 PAGE 3 operating to the standards. Mr. Messner asked the timeline of the IUP. Mr. Pearson stated each IUP defines its own end date. Chairperson Messner opened the public hearing. MOTION by Powell to close the Public Hearing. Second by Schultz. Ayes: Schultz, Zurn, Messner, Humphrey, and Powell. Nays: None. Motion carried. Chairperson Messner asked for any follow -up discussion or questions. MOTION by Powell to recommend that the City Council adopt an amendment to the General Industrial District creating an Interim Use Permit requirement for asphalt plants with standards. Second by Humphrey. Ayes: Schultz, Zurn, Messner, Humphrey, and Powell. Nays: None. Motion carried. Mr. Pearson indicated the item will go before the City Council on January 18, 2005. Public Hearing: 5C. Case 04 -78 -IUP Pine Bend Asphalt Plant Interim Use Permit. City Planner Pearson reviewed the Staff Report. Pine Bend Paving has requested an Interim Use Permit to continue to operate their asphalt plant on property owned by Flint Hills Resources. Their plant has been located for many years in conjunction with the Solberg Aggregate mining site west of U.S. 52, half way between the TH 55 split and 140 Street East. Pine Bend Paving will be a stand -alone use after Solberg has phased their operations out of the area and restored the mined area in 2005. Chairperson Messner asked the Commission if they had any questions for Mr. Pearson. The applicant, Joe Jacoby, President of Pine Bend Paving, thanked Mr. Pearson and staff for working with them on the zoning text amendment. Mr. Jacoby stated he would answer any questions at this time. Mr. Powell asked the applicant if he was in agreement with the conditions placed for approval. Mr. Jacoby stated he was in agreement. Mr. Messner asked how long the plant has been operating on this property. Mr. Jacoby said they have been on the site for 31 years. Chairperson Messner opened the public hearing. MOTION by Messner to close the Public Hearing. Second by Powell. Ayes: Schultz, Zurn, Messner, Humphrey, and Powell. Nays: None. Motion carried. Chairperson Messner asked for any follow -up discussion or questions. PLANNING COMMISSION MEETING MINUTES DECEMBER 28, 2004 PAGE 4 MOTION by Powell to recommend that the City Council approve an Interim Use Permit for Pine Bend paving subject to: 1. Adoption of the zoning text amendment for the General Industrial District for asphalt plant Interim Use Permits. 2. Conformance with the standards of the asphalt plant Interim Use Permit Section 6.16.E. 3. The expiration date of the IUP will be December 31, 2006, any extension must be approved by the City Council. Second by Zurn. Ayes: Schultz, Zurn, Messner, Humphrey, and Powell. Nays: None. Motion carried. Mr. Pearson indicated the item will go before the City Council on January 18, 2005. Public Hearing: 5D. Case 04 -80 -ME Stonex, LLC Mineral Extraction Permit. City Planner Pearson stated that staff is recommending that the item be continued to the January 25, 2004 Planning Commission Meeting allowing the applicant time to make some revisions to the plan. Mr. Pearson stated that he was prepared to give a presentation if someone in the audience would request it. Mr. Messner asked if anyone in the audience wished to hear about the item this evening. An audience member indicated he would like to hear the presentation. Mr. Pearson then reviewed the staff report. Jonathan Wilmshurst representing Stonex has applied for a mineral extraction permit for a new sand gravel mining operation located 'A mile south of 135 Street East (County Road 38), and 1/4 mile west of Blaine Avenue (County Road 71). The new permit area encompasses 80 acres formerly owned and farmed by the Kraft family, immediately south of the Vesterra mineral extraction permit area. Chairperson Messner asked the Commission if they had any questions for Mr. Pearson. Mr. Messner asked if staff has looked at the future potential grade on Connemara. Mr. Pearson stated that the general location of Connemara Avenue is premature to determine grade but there are performance standards for the classification of a street. Chairperson Messner opened the public hearing. Howard Doeling, representing his mother, Laverna Doeling, stated his mother has adjoining property on the south side. Mr. Doeling stated he has nothing against the proposal but is concerned about what is going to happen to the property given his mother's property is going to be for sale. PLANNING COMMISSION MEETING MINUTES DECEMBER 28, 2004 PAGE 5 Mr. Messner asked Mr. Doeling if similar aggregate deposits are on the Doeling property. Mr. Doeling indicated there is on the northern portion. Ted Thompson, South St. Paul, representing Laverna Doeling, was concerned with whose property Connemara Trail would be located on. Mr. Pearson stated it will come across the land that is in the current MUSA for sewer and water and extend the next phase to Akron Avenue, although the exact location is not set, it is expected to be in the 140 street area. Since it will be meant to carry a lot of traffic, it is going to be a higher volume street that generally is a' /2 mile north of County Road 42. Mr. Thompson questioned how they can set the grade of the property if they do not know where the road is going to go. Community Development Director Lindquist responded that the road is going to be primarily south of the mining pit and right now the proposed grades are 30 feet below the existing grade and even if the road is lowered somewhat, the road cannot be lowered 30 feet due to some existing power lines. Mr. Thompson asked how far they have to stay off the power line. Mr. Pearson indicated the setback for mining is 30 feet. Mr. Thompson then questioned if that was the case, the road is going to be built on his mother -in -law's property. Ms. Lindquist stated the road will be constructed with development and that at the time of subdivision the dedications will be required. Mr. Thompson was concerned with selling the property and misleading a buyer. Mr. Thompson asked if the MUSA only comes to Akron Avenue. Mr. Pearson indicated it stops '/2 mile west of Akron Avenue but it is expected to change. Mr. Thompson asked about the moratorium. Mr. Pearson explained that the moratorium is limited to the MUSA area in the vicinity of the Highway 52 intersection and extending up to Highway 55. Ms. Lindquist stated there is a study group looking at land uses from Akron Avenue across the whole east side. Ms. Lindquist further stated there will be public information hearings held in January and February and property owners or the tax payers would be invited. Ms. Lindquist informed everyone that the meetings will be held either January 24 or February 10th to discuss the proposed land uses on very specific parcels and will have some concept circulation. Ms. Lindquist informed Mr. Thompson that the property owner for his mother's property would get a notice. MOTION by Messner to continue the Public Hearing until January 25, 2005. Second by Powell. Ayes: Schultz, Zurn, Messner, Humphrey, and Powell. Nays: None. Motion carried. Mr. Pearson indicated the item will come before the Planning Commission again on January 25, 2005. PLANNING COMMISSION MEETING MINUTES DECEMBER 28, 2004 PAGE 6 Public Hearing: 5E. Case 04 -79 -TA Site Plan Review Text Amendment. City Planner Pearson reviewed the Staff Report. As part of the recent Planned Unit Development (PUD) text update, staff realized that the associated site plan review ordinance was also in need of revision. The necessary revisions would bring the City's ordinance into conformance with most recent statutory requirements, enable staff to request more detailed plans, and require applicants to guarantee all private exterior amenities. In addition to the site plan standards, staff recommends expanding the Violations and Penalties section to include more detail regarding staff's authority to enforce the provisions and standards of the zoning ordinance. Chairperson Messner asked the Commission if they had any questions for Mr. Pearson. Chairperson Messner opened the public hearing. MOTION by Messner to close the Public Hearing. Second by Schultz. Ayes: Schultz, Zurn, Messner, Humphrey, and Powell. Nays: None. Motion carried. Chairperson Messner asked for any follow -up discussion or questions. MOTION by Messner to recommend that the City Council adopt an ordinance replacing Section 12.3 of Ordinance B, the Zoning Ordinance with new standards relating to Site Plan Review. Second by Humphrey. Ayes: Schultz, Zurn, Messner, Humphrey, and Powell. Nays: None. Motion carried. MOTION by Humphrey to recommend that the City Council adopt an ordinance amending Section 12.2 of Ordinance B, the Zoning Ordinance relating to Violations and Penalties Standards. Second by Zurn. Ayes: Schultz, Zurn, Messner, Humphrey, and Powell. Nays: None. Motion carried. Mr. Pearson indicated the item will go before the City Council on January 18, 2005. Old Business: None. New Business: Community Development Director Lindquist reiterated the meeting dates for the public information meetings for the concept land use plan complied by the 42/52 Study Group. The meeting for the west side will be January 24 and the east side meeting will be held on February 10` The items will then come before the Planning Commission for discussion in early March. PLANNING COMMISSION MEETING MINUTES DECEMBER 28, 2004 PAGE 7 Reports: City Planner Pearson updated the Commission on the items acted on by the City Council on December 7, 2004 and December 21, 2004. Planning Commission Requests: None. There being no further business to come before this Commission, upon Motion by Chairman Messner, and upon unanimous decision, the meeting was adjourned at 7:33 p.m. Respectfully Submitted, Amy Domeier Recording Secretary