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HomeMy WebLinkAbout20130122 PCM RM PLANNING COMMISSION REGULAR MEETING MINUTES JANUARY 22, 2013 PAGE 1 Call to Order: Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, January 22, 2013. Vice-Chair Miller called the meeting to order at 6:30p.m. with Commissioners DiNella, Husain and Weber present. Commissioner Powell was absent. Also in attendance were Senior Planner Zweber, Planner Lindahl, Project Engineer Olson and Recording Secretary Hanson. The Pledge of Allegiance was read. Additions to Agenda:None. Audience Input: None. Consent Agenda: a. Approval of the December 11, 2012, Regular Meeting Minutes MOTION by DiNella to approve the Consent Agenda. Second by Weber. Ayes: 4. Nays: 0. Motion approved. Public Hearing : Senior 5.a. Request for Renewal of the Danner Inc. Mineral Extraction Permit for 2013 (12-35-ME). Planner Zweber stated that the applicant, Danner, Inc. requests renewal of the existing mineral th extraction permit for 2013. The applicant owns and operates the mine located at 4594 145 Street East, ½ mile east of US Highway 52 and south of CSAH 42. After reviewing the mineral extraction standards in Section 11-10-4 of the Zoning Ordinance, the information submitted by the applicant, and City Police records, Mr. Zweber stated that staff recommends approval of this request. Commissioner DiNella asked if Danner had reached the 840 foot elevation and what would happen if they exceeded that elevation. Mr. Zweber responded that the haulback provision approved for Danner in 2010 allowed them an elevation of 840 feet but that they have not reached that elevation. Mr. Zweber explained that if the 840 foot elevation is exceeded, they would be less than 20 feet from the groundwater and would be in violation of the permit conditions. Commissioner DiNella asked if the 840 foot figure would ever need to be changed to a different depth. Mr. Zweber responded that it would only need to be changed if it is determined that the groundwater level was rising and that is monitored by wells north of Danner next to and on the SKB property. Commissioner DiNella requested a list or map showing all of the mining operations in Rosemount and Mr. Zweber stated that will be provided to the Planning Commission later this spring when the small scale mineral ordinance is reviewed. Commissioner Husain asked if Danner is the mine that extracted over 100,000 cubic yards last year and Mr. Zweber stated that Danner extracted approximately 30,000 cubic yards and that it was Shafer Contracting that had over 100,000. The public hearing was opened at 6:38p.m. There were no public comments. MOTION by Weber to close the public hearing. PLANNING COMMISSION REGULAR MEETING MINUTES JANUARY 22, 2013 PAGE 2 Second by Husain. Ayes: 4. Nays: None. Motion approved. Public hearing was closed at 6:39p.m. MOTION by DiNella to recommend the City Council renew the Danner, Inc. Extraction Permit for 2013. Second by Weber. Ayes: 4. Nays: None. Motion approved. Old Business None. : New Business : 7.a. Request by D.R. Horton for the Approval of the Prestwick Place 6th Addition Final Plat for Four Senior Planner Zweber stated that on September 4, 2012, the City Council (4) Lots (13-03-FP). th approved D.R. Horton’s request for Prestwick Place 5 Addition Final Plat and Planned Unit Development (PUD) Final Site and Building Plan for six (6) lots. Two of the lots were created with narrower building pads than the other DR Horton lots and DR Horton has requested to modify lot lines on four (4) lots to provide equal width building pads on the four lots. Commissioner Miller asked if there were concerns of drainage problems due to the restrictions in grading. Project Engineer Olson stated the drainage plan is constructed as originally designed for that area, the depth of the pipe is the only thing different so it does not pose a drainage problem and there is an outlet into a pond to assist with drainage. th MOTION by Weber to recommend the City Council approve the Prestwick Place 6 Addition Final Plat, subject to the following conditions: th 1.Subject to the Approval Conditions of Prestwick Place 4 Addition and Prestwick th Place 5 Addition Final Plat and Planned Unit Development Final Site and Building Plan. th 2.Subject to the Prestwick Place 4 Addition Subdivision Agreement. thth 3.Subject to the Prestwick Place 4 and 5 Addition Planned Unit Development Agreement. Second by DiNella. Ayes: 4. Nays: None. Motion approved. th 7.b. Final Plat and Minor Planned Unit Development Amendment For Prestwick Place 7 Addition Planner Lindahl stated that the (Falmoor Glen) U.S. Homes (Lennar)(13-01-FP, 13-05-AMD). applicant, U.S. Homes Corporation (Lennar), requests approval of a minor PUD amendment and th final plat for Prestwick Place 7 Addition (phase 2 of Falmoor Glen) to allow development of 37 single family lots. The minor PUD amendment is necessary to establish consistent lot and setback standards with surrounding developments in Prestwick Place while the final plat is necessary to facilitate subdivision of the subject property into individual residential lots, outlots and public streets. Mr. Lindahl stated that staff recommends approval of this application subject to the conditions. Commissioner Weber asked about the landscaping and fence requirements on Lots 1-5. Project Engineer Olson responded that homeowners on Lots 1 though 5 cannot have a fence on their lots. The developer will install a fence along County Road 42 along the berm. Mr. Lindahl further stated that homeowners on Lots 6 through 9 can install a fence as long as it is not installed within the PLANNING COMMISSION REGULAR MEETING MINUTES JANUARY 22, 2013 PAGE 3 drainage and utility easement. However, he stated Lots 6 through 9 should have enough land to buffer the homeowners from County Road 42. Commissioner Husain asked the uses for the additional land on Lots 6 through 9. Mr. Lindahl explained the additional land is there due to the pipeline easement going through the backyards of Lots 6 through 9 and the property owners will own the land and may use it subject the terms and conditions of the easements. Commissioner Miller asked about the grading from the house to the easement area and if there are any concerns regarding water drainage. Mr. Olson responded that the garage elevation is about 10 feet higher than the rear yard swale to prevent flooding. Mr. Lindahl added that the restrictions of Condition #6 will be placed on the deed to the property or another document acceptable to the City Attorney so homeowners know not to build within the easement area. Commissioner Weber asked if trees are allowed to be planted in the backyards. Mr. Olson stated there are no specific restrictions on planting trees in utility easement as long as they do not impede the drainage in that area. Commissioner Miller asked if there will be a homeowners’ association to possibly monitor the landscaping requirements and restrictions. Mr. Lindahl stated that there will be a homeowners’ association and that the applicant can probably provide more details. Commissioner DiNella questioned the protection of the Lots 1through 9 from County Road 42 and whether or not there would be a trail or sidewalk along County Road 42. Mr. Lindahl stated there will be a berm behind Lots 1 through 5 with a fence and additional landscaping between the fence and County Road 42. He explained how the berm flattens out at Lot 6 due to the pipeline easement but that Lots 6 through 9 are deeper lots to provide more land area as a buffer. Further, Mr. Lindahl stated that this application does not include a sidewalk or trail along County Road 42 however, Dakota County plans to install a trail along County Road 42 when the road is improved in the future. Mr. Zweber added that the City will use Connemara Trail as a trail system rather than County Road 42. Vice-Chair Miller invited the applicant to approach the Commission. th Applicant, Carole Toohey, Lennar Corporation, 16305 36 Ave No, Plymouth. Commissioner Miller asked Ms. Toohey if there will communication with the homeowners of the restriction to build within the drainage and utility and the pipeline easements. Ms. Toohey replied that the homeowners association documents have the restriction listed and that the homeowners are not allowed to do any improvements without seeking approval from the association’s architectural committee. She stated there is also a master disclosure information agreement the homeowner has to sign which details the restrictions. The association documents are recorded against the property. Commissioner Husain asked if the homeowner or the association would be responsible for the landscaping. Ms. Toohey replied that the landscaping between the fence and County Road 42 will be maintained by association but the landscaping on the actual homesites will be the homeowner’s responsibility. Mr. Lindahl reminded the Planning Commission that staff was amending Condition #3 to read as rd follows: The resulting 0.40 acre credit may be applied to Outlot A, of Prestwick Place 3 Addition a future Lennar development within the Prestwick Place Preliminary Plat. PLANNING COMMISSION REGULAR MEETING MINUTES JANUARY 22, 2013 PAGE 4 MOTION by Weber to recommend the City Council approve the Final Plat for Prestwick Place 7th Addition, subject to the following conditions: 1.Conformance with all requirements of the Resolution 2011-52 Approving the rd Preliminary Plat for Prestwick Place 3 Addition. 2.City Council Approval of a Minor PUD Amendment establishing the lot configuration shown on the Prestwick Place 7th Addition final plat and consistent zoning standards with surrounding developments within Prestwick Place. 3.Dedications of Outlot B to satisfy the park dedication requirement for Prestwick Place rdth 3 and 7 Additions. This dedication is 0.40 acres larger than required by ordinance for a 64 unit development. The resulting 0.40 acre credit may be applied to OUTLOT A OF PP3 ADDITION a future Lennar development within the Prestwick Place Preliminary Plat. 4.Submission of an as-built grading plan for the portion of the future public park that has already been graded as noted on the Overall Grading and Turf Restoration Plan. th 5.Approval of a revised landscape plan for the 7 Addition itemizing the species, size, and number of each plant to verify the planting schedule listed on the plan. 6.Conformance with all requirements of the City Engineer detailed in the attached memorandum dated January 16, 2013 including prohibiting fences, sheds and landscaping within the drainage and utility easements of Lots 1 and 5, Block 1, Lots 1 and 13, Block 2 and Lots 2 – 11, 17, and 18, Block 3. This restriction shall be added to the property deed or other document that runs with the property acceptable to the City Attorney. Second by DiNella. Ayes: 4. Nays: None. Motion approved. Reports Mr. Zweber stated the terms of commissioners DiNella and Miller expire on March 31, : 2013 and briefly explained the process of reapplying. Adjournment There being no further business to come before this Commission, Commissioner : DiNella made a motion to adjourn, Commissioner Husain seconded the motion, the meeting was adjourned at 7:27p.m. Respectfully Submitted, Kathie Hanson, Recording Secretary