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HomeMy WebLinkAbout2.a. Discussion of CF Industries PUD Concept Plan ApplicationAGENDA ITEM: Discussion of CF Industries Concept Plan Application AGENDA SECTION: Discussion PREPARED BY: Kim Lindquist, Community Development Director, Eric Zweber, Senior Planner AGENDA NO. 2.. ATTACHMENTS: CF Industries Concept Plan; Draft Conditions of Approval; Planning Commission Minutes dated December 23, 2008; Email from John Shardlow dated December 22, 2008. APPROVED BY: DIV RECOMMENDED ACTION: Discussion Only 4 ROSEMOUNT CITY COUNCIL City Council Worksession Date: January 14, 2009 EXECUTIVE SUMMARY BACKGROUND During 2007 and 2008, the Planning Commission and staff have been working to update the City's Comprehensive Plan as required by law. The update process has raised issues about future land uses for a handful of properties within the community. One of the areas where the property owner has asked for some changes is at the CF Industries properties located in the northeast corner of the City, adjacent to the Spring Lake Park Reserve (Park) and the Mississippi River. In the past, there had been discussions about maintaining some buffer between the industrial uses along the Mississippi River and the Park. Additionally through the 42/52 study group, land uses were designated in the area but expansion of the industrial uses was not recommended. More recently CF Industries had asked for some expansion opportunities while respecting the Park buffer and also the River and associated bluffline. The concept plan provided by CF Industries allows for some future expansion while maintaining a significant amount of vegetation and provides for improving the natural character of disturbed areas along the vegetative fringe. From a process standpoint, the item that will be before the Council for action on January 20 is the approval of the concept plan. The modifications to the 2030 Comprehensive Plan designation and rezoning of the property for consistency with the Plan are a future action. Staff would expect that modifications to the Plan would occur after all public comments have been received during the 6 month public comment time period. All comments, including those made by property owners, adjacent governmental agencies, and other agencies will be compiled and addressed in March at the Planning Commission meeting. Final action will be taken by the Council after a formal recommendation on the entire Plan is received from the Planning Commission. Changes to the zoning ordinance or other system plans would be made as part of the Plan implementation process after final adoption of the Plan. PLANNING COMMISSION MEETING John Shardlow, CF Industries' Planning Consultant, submitted an e-mail to the Planning Commission containing six concerns with the recommended conditions of approval. Of his six concerns, only the concern of truck traffic and staging on Pine Bend Trail was discussed at length by the Planning Commission. 'I he proposed condition stated that CF Industries must immediately quit staging trucks on Pine Bend Trail and must construct additional staging areas interior to the site when any additional warehousing is constructed. CF Industries stated that due to regulations regarding homeland security, their gates must remain locked until they open at 6 am. This sometimes results in semi trucks parked and idling along Pine Bend Trail before 6 am. The Police Department stated that they have received only one complaint in the last ten years regarding semi trucks staging on Pine Bend Trail. Since there does not appear to be a major concern with the current CF Industries operation, the Planning Commission removed the requirement to quit staging trucks on Pine Bend Trail today, but maintained the condition that additional internal staging areas be constructed with additional warehouse space in the future. During the public hearing, one resident spoke regarding the CF Industries proposal. Joseph Simones, 13272 Pine Bend Trail, stated that the proposed expansion of CF Industries would occur directly across the street from his residence and that would change his view from the currently open field to large warehouses. Mr. Simones also stated that if CF Industries is allowed to expand their industrial business, then his land should be planned for industrial as well. Staff reviewed the planning for the area. The 42 -52 Plan has Mr. Simones' land guided for CC- Corporate Campus, but the draft 2030 Comprehensive Plan has his land remaining in its current designation: AG- Agricultural. The major reason that Mr. Simones' land has not changed designation in the 2030 Comprehensive Plan is because sewer and water will not be available until after the land to the south and west has been developed, which is not expected to occur before 2030. DISCUSSION CF Industries has submitted a Planned Unit Development Concept Plan (Concept Plan) describing the future development of their facility. CF Industries has 370 acres of property along the Mississippi River that contains their existing facilities, bluffs, native tree stands, and former farm and pasture land. CF Industries' Concept Plan demonstrates how future development of their site would expand onto the former farm and pasture land while protecting and improving the bluff and native tree stands. Also proposed is extension of a seawall near a barge terminal and the addition of a conveyor system use for barge operations. CF Industries is requesting that 12 additional acres of former farm and pasture land be added to the GI General Industrial land use designation of the 2030 Comprehensive Plan to allow for the future expansion shown in the Concept Plan. History CF Industries (CFI) has operated a fertilizer warehouse and transfer facility along the Mississippi River at 13040 Pine Bend Trail for over 40 years. CFI owns approximately 370 acres of land that is bounded by Flint Hills refinery property to the west, Dakota County's Spring Lake Regional Park Reserve to the east, the Mississippi River to the north, and Pine Bend Trail to the south. The facility currently has two operations, a liquid fertilizer operation on the west side of the facility that stores and transfers ammonia and urea fertilizer products, and a solid fertilizer operation on the east side of the facility that stores and transfers nitrogen and phosphorus based dry fertilizers. The liquid and solid operations each have their own barge terminal, railroad spur, and access onto Pine Bend Trail. The facility has fertilizer arriving via barge and train car and ships out fertilizers via train cars and semi trailers. The busiest times of the year for the facility are in the spring and lesser so in the fall, but activities occur year round. CFI has been involved in the creation of the 2030 Comprehensive Plan since the beginning of the planning process and has submitted written requests for the entirety of their property to be designated GI General Industrial. The request is to all rezoning of the property to HI Heavy Industrial to permit expansion of their facilities in the future. Staff has been reluctant to do this for two reasons. First, much of the land under CFI ownership is environmentally sensitive, with lands being designated as floodplain, protected as part of the Mississippi River bluff, or native tree stands. Many of these lands are protected by City Ordinance and all these lands are not suitable for development. Second, the City does not desire the expansion of the number of industrial uses along the river or the number of heavy industrial businesses. If the City were to simply re- designate all the CFI property without some legal commitment to the 2 development boundaries, design and uses; CFI could sell the property to another business and expand the number of businesses along the river. CFI has submitted the proposed Concept Plan to address both of these concerns. Natural Resources The CF Industries property has three major categories of natural resources and environmental concerns, the Mississippi River floodplain, the steep bluff area separating the floodplain from the relatively flat and developable land above the bluff, and the native tree stands. The CF Industries Concept Plan and the Planning Commission review focused on how CF Industries can expand their facility while maintaining, or even improving, these three natural resources. Currently, the only portion of the CF Industries facility within the floodplain is their two barge terminals, one for their liquid operation and one for their solids operation. CF Industries is not proposing any changes to their liquid barge terminal and the only proposed change to their solids barge terminal is to expand the seawall to allow a third conveyor system to load or unload barges. Other than this expansion to the solids barge terminal, CF Industries is not proposing any additional development or changes within the floodplain. CF Industries is not proposing any development or changes to the bluff area other than the construction of the third conveyor. The third conveyor can be constructed with almost no impact to the bluff because the majority of the structure is suspended over the ground and only the supports legs will touch the ground or the bluff. CF Industries will be required to minimize the number of support legs within the bluff by concentrating the support structure above and below the bluff itself. The remaining part of their proposal, the future expansion, will not impact the bluff and will be setback from the bluff as required by Ordinance. The largest natural resource impact caused by the proposed development will be to the existing stands of trees, while documents submitted indicates there are no impacts to the native stands, only those already disturbed. The majority of tree stands at the CF Industries facility are either on the bluff or in the Mississippi River floodplain, both of which will be minimally impacted by the above two projects. There are two tree stands above the bluff to the east of the existing facility that will be affected by the development, a stand of trees within a former pasture area and a stand of trees that exists along the eastern boundary of the facility that extends into the Spring Lake Park Reserve. CF Industries is proposing to remove the tree stand within the former pasture area and in exchange preserve and improve the tree stand along the eastern boundary and the bluff. The Concept Plan evaluated that two tree stands and concludes that the tree stand in the pasture area is lesser quality and is not made up of species of any native tree community, while the tree stand on the eastern boundary is similar to a native Oak Forest community but has been impacted by invasive species. CF Industries proposes to remove invasive species from the Oak Forest and plant additional trees to fill any gaps within the Oak Forest. In addition, the preservation of the Oak Forest tree stand will provide a minimum of a 500 foot buffer between the proposed development and the Park, addressing one of the concerns that the City has with the expanded CF Industries facility. Land Use The proposed expansion of the liquid operation includes a future office building and an area for future storage tanks. Both elements are depicted to be placed closer to Pine Bend Trail than the existing facilities. The liquid facility is within the GI General Industrial land use designation and HI Heavy Industrial zoning district which allows CFI to submit a site plan application for these elements without the need of rezoning or a Comp Plan modification. Any liquid facility expansion would need to meet all City Code requirements including (but not limited too) building materials, buffering and screening, setbacks, and stormwater management. 3 The proposed expansions to the solid fertilizer operation are more extensive than the liquid operation. The proposed expansion includes the expansion of the sea wall at the barge facility to include a third off loading area, seven new warehouses in four phases, and conveyor systems and railroad spurs to serve the warehouses. Staff had inquired if additional warehouses could be built in the middle of or to the west of the existing warehouses. CFI stated that the area to the west of the warehouses is used for truck staging (which can be significant during their busy season) and that the area in the middle of their warehouses is the locomotive shop and maintenance facility for rail cars. These areas are needed to ensure that CFI is not staging trucks and rail cars within the Pine Bend Trail right -of -way. The proposed solid operation expansion would require changes to the Comp Plan designation and rezoning in addition to site plan review. Currently, the draft 2030 Comp Plan has the existing facility, Phase 1, Phase 2, and the western 2/3 of Phase 3 designated as GI General Industrial, while the eastern 1/3 of Phase 3 and all of Phase 4 are designated AG Agricultural. The AG Agricultural designation would prohibit the construction and development as proposed in the Concept Plan. The current zoning for the existing facility and the western half of Phase 1 is HI Heavy Industrial, while the remaining portion of the facility is either FP Floodplain or GI General Industrial. Staff intends to rezone the GI General Industrial zoned land to AG Agriculture after the adoption of the Comp Plan to provide consistency with the Comp Plan. The phased expansion of the CFI facility would require the approval of Planned Unit Development Master Development Plan that further defines the development and the approval of the rezoning to HI PUD Heavy Industrial Planned Unit Development. These approvals will only be considered in areas that have the Comp Plan designation of GI General Industrial and that follows the phasing plan shown in Figure 9. The decision of the Planning Commission and the City Council of CFI's request for the 12 additional acres of GI General Industrial land use designation will determine if it is possible for CFI to develop the east 1/3 of Phase 3 and all of Phase 4. Staff is supportive of the designation of the additional 12 acres of GI General Industrial land use designation with the Planning Commission recommendation. Pine Bend Trail and Recreational Trail Corridors The CFI facility is located adjacent to Pine Bend Trail which is classified as a Minor Collector street. Currently, parts of Pine Bend Trail are paved and portions are gravel, with approximately 66 feet of right of -way, and lacks turn lanes or shoulders. With future reconstruction, Pine Bend Trail will be upgraded to Minor Collector standards including 100 feet of right -of -way with paved shoulder and turn lanes at intersection and accesses to major facilities, such as CFI. CFI shall incorporate this road design and right of -way width into there plans to accommodate this future street reconstruction. Dakota County is currently planning the alignment of the Mississippi River Regional Trail corridor through Rosemount, which will eventually connect Downtown St. Paul to Hastings. The preferred alignment in on the north side of Pine Bend Trail to the rail spur crossing for the CFI liquid facility, then running on the south side of Pine Bend Trail. An alternative alignment runs entirely on the north side of Pine Bend Trail, adjacent to the CFI facility. Rosemount has plans for our Interpretive Trail corridor to run from Downtown Rosemount to the Mississippi River Regional Trail, with the connection of the two trails somewhere in the area of CFI. CFI has been working with Dakota County and the City on these trail alignments and a condition within the proposed motion requires CFI to continue to work on the alignments. RECOMMENDATION The Planning Commission recommends approval of the CF Industries Concept Plan. The 16 specific conditions of approval are included in the attachments to this Executive Summary for reference. 4 Planned Unit Development Proposal CF Industries Rosemount, Minnesota November 2008 NO 4 Bonestroo Table of Contents INTRODUCTION 1 City of Rosemount's Objectives 1 CF Industries Objectives 2 BACKGROUND 3 Description of CF Industries 3 Existing Conditions 3 Land Use Designations, Rosemount Comprehensive Plan 4 Zoning 4 Mississippi River Critical Area and Mississippi National River and Recreation Area (MNRRA) Corridor 4 Summary of Natural Features and Conditions 5 Bluff Line Protection 6 Natural Resource Inventory Assessment 6 Area 1 6 Area 2 7 Area 3 7 PLANNED UNIT DEVELOPMENT CONCEPT PLAN 7 Phasing of Expansion 8 Mississippi River Critical Area (CA) and MNRRA Compliance 8 Summary and Conclusion 9 APPENDIX A: NATURAL AREAS MANAGEMENT 10 General Comments 10 Summary of Proposed Restoration Activities 10 Oak Woodland Restoration 10 Mixed Woodland Restoration 11 Open (old field) Areas 12 CF Industries Natural Areas Restoration Management Summary 13 FIGURES Figure 1 Figure 2 Figure 3 Figure 4 Figure 5 Figure 6 Figure 7 Figure 8 Figure 9 Figure 10 C.F. INDUSTRIES. ROSEMOUNT. MN Location Map Existing Operations Map Proposed 2030 Land Use Map Zoning Map Critical Area Map Summary of Analysis Map Natural Resource Map Proposed Concept Maps Phasing Concept Map Section A Section B INTRODUCTION CF Industries (CFI) has closely monitored the City of Rosemount's comprehensive planning process and has actively participated at every opportunity. CFI has appreciated the open and candid sharing of information that has occurred throughout this process and the willingness of community elected, appointed and staff leaders to visit CFI's campus and to understand its concerns. After numerous meetings and conversations, CFI and the City of Rosemount have reached a mutual understanding of their respective interests and objectives. Both parties have agreed that a Planned Unit Development (PUD) will provide the best opportunity to memorialize this understanding and ensure that there is a clear and abiding record of the opportunities and constraints associated with the future use of the CFI site. It is also understood and must be remembered that this will not be a typical application of PUD zoning. That is because CFI does not currently have any specific plans for the expansion of its corporate campus. Therefore, it is unnecessary to invest significant amounts of money and time necessary to prepare the detailed planning and engineering documents and plans typically required as part of a PUD application. Such plans and materials would almost certainly need to be completely redone in response to CFI's specific future expansion plans. The objective of this PUD process is to produce, refine and ultimately agree on conceptual plans that can support the preparation of either an agreement, or a memorandum of understanding that will memorialize the mutual understanding about the type of future development allowed on the CFI site, including, its general location within the site, as well as areas that are off limits to development. In exchange for Rosemount's commitment to allow future development, as defined by the agreement, CFI will commit to permanently conserve and actively restore specific open space areas and natural resource systems. Ultimately, the purpose of this PUD process is to (a) allow CFI flexibility in developing its site to expand its future operations, and (b) preserve the desirable site characteristics and open space and to protect sensitive environmental features such as the bluffs, tree stands, the flood plain and the Mississippi River. City of Rosemount's Objectives In addition to being a tool that is designed to provide flexibility, PUDs also present a process that facilitates negotiation between property owners and local governments. One of the first steps in any negotiation is to understand the interests and objectives of each party. The following paragraphs contain a summary of the City of Rosemount's position as it is currently understood by CFI. The PUD review and approval process may modify this understanding. Rosemount contains a number of very large, heavy industrial businesses in the Pine Bend Industrial area. These include the Flint Hills Resources Refinery and the Pine Bend Landfill among others. Rosemount accepts the existence of these major businesses and is C.F. INDUSTRIES ROSEMOU.NT, MN 1 committed to working to ensure positive working relationships with all of its businesses that provide livable -wage jobs to local residents and that help build the overall wealth of the community. The City does not, however, desire the addition of new heavy industrial businesses in the area. Therefore, the City has been reluctant to simply amend the comprehensive plan and rezone all of the CFI site HI Heavy Industrial. The City does recognize CFI as a good corporate citizen and would like to support reasonable future expansion, provided that it is consistent with the goals and policies contained within the Comprehensive Plan, the Mississippi River Critical Area Plan (CA) and the. Mississippi National River Recreation Area (MNRRA) plans. At a basic level, this means that any expansion of CFI facilities into the Rural Open Space District must be low intensity uses. Furthermore, the PUD process should facilitate permanent buffering of the Spring Lake Regional Park and the conservation of natural resource systems. The City also needs to reconcile the current disparity between the 2030 Land Use Plan and the Official Zoning Map. The successful completion of this PUD process will accomplish that objective. CF Industries Objectives CFI has made an enormous investment in its Rosemount facilities. The demand for the products that it distributes has never been greater. The continued pressure on agricultural production for food and alternative energy promises to increase the importance of CFI's role in the economy of the Upper Midwest and beyond. CFI owns a large parcel of land that is strategically located, with excellent river, rail and highway transport service. These features combine to afford CFI the capacity to expand its operations in the future, although there are no specific plans at this time. CFI also recognizes and respects the unique location of its site in the context of the Mississippi River Corridor. Long before there were any rules requiring sensitivity to the bluff line, or other natural resource systems, CFI set its facilities back from the bluff and have no intention of disturbing either the bluff area, or the shoreline or floodplain portions of the site. To the contrary, the only future expansion contemplated by CFI is for low intensity storage uses, within the existing shelf, between the railroad tracks and the bluff line. Along with gaining the rights to this future expansion, CFI is willing to permanently conserve and restore the higher valued wooded areas adjacent to Spring Lake Park, implement alternative stormwater treatment systems and work to eradicate invasive species throughout the site. C.F. INDUSTRIES ROSEMOUNT, MN 2 BACKGROUND The following sections contain a summary of relevant background information. Additional information is available upon request. Description of CF Industries CFI owns the 367.69 acre site, located between Pine Bend Trail and the Mississippi River Corridor (See Figure 1). This location places CF Industries at the northeastern edge of the Pine Bend Industrial Area. To the north is the Mississippi River. To the east is the Spring Lake Regional Park. To the south is some agricultural/resident property as well as additional heavy industrial uses, including the Pine Bend Landfill. To the west is the Flint Hills Resources refinery. CFI has owned and operated this site since 1965. CFI is one of the largest distributors of fertilizer products in North America. From its location in Rosemount, CFI, distributes products to agricultural customers throughout the Midwest and as far away as Montana. The products handled include the following: Anhydrous Ammonia Urea UAN (urea ammonia nitrate) GTSP (granular triple super phosphate) DAP (diammonium phosphate) MAP (Mono- Ammonium Phosphate) Potash Ammonia Polyphosphate The Pine Bend facility receives shipments of liquid and granular fertilizers by rail and by barge and transships fertilizer to customers via rail and truck. Therefore, the activities on the site consist of off loading facilities for barges and trains, the storage of product prior to distribution and then the loading of products on to train cars and trucks for delivery to customers. Existing Conditions Figure 2 is an aerial photograph of the CFI site and the immediate surroundings. As Figure 2 clearly illustrates, the bulk of CFI's activities are focused around a central hub. This is the point where the most intensive site activities occur. The majority of the product that is shipped to the site is either conveyed from barges via a conveyor belt system, or arrives on rail cars to be loaded into storage facilities here. Figure 2 also shows each of the points at which rail cars and trucks are either unloaded or loaded. To the west of the central hub are three large liquid storage facilities. The two white tanks contain anhydrous ammonia. The darker tank contains Urea Ammonia Nitrate (UAN). Figure 2 also shows that there is another rail and truck loading facility in this western section of the site. C.F. INDUSTRIES ROSEMOUNT, MN 3 Also illustrated on Figure 2 is the Metropolitan Council Environmental Services (MCES) easement for the Empire waste water treatment plant outfall. This is a significant regional facility that effectively divides the CFI campus, separating the liquid storage area to the west and the remainder of the dry storage, loading and unloading facilities and office functions to the east. Land Use Designations, Rosemount Comprehensive Plan Figure 3 shows the proposed 2030 Land Use Comp Plan for the City of Rosemount. The CFI site is delineated in black and labeled "Site Figure 3 illustrates that the CFI site contains two different land use designations. The bulk of the currently developed portion of the site is shown in grey, which corresponds to the GI- General Industrial designation. Portions of the site along the Mississippi River and on the east side adjacent to the regional park are shown in light green, which corresponds to AG- Agriculture designation. Zoning Figure 4 is the Official Zoning Map for the City of Rosemount. The CFI site is again delineated in black and labeled Site. Figure 4 illustrates that the CFI site currently contains three different zoning designations (in addition to W- Water). They are HI-Heavy Industrial, GI- General Industrial and FP -Flood Plain. There is currently an inconsistency between the Land Use Comp Plan and the Official Zoning Map for the eastern portion of the site. This area is designated AG- Agriculture on the Land Use Comp Plan and is zoned GI- General Industrial on the Official Zoning Map. One of the purposes of the PUD process is to reconcile the discrepancy between the Land Use Comp Plan and the Official Zoning Map. Mississippi River Critical Area and Mississippi National River and Recreation Area (MNRRA) Corridor In addition to the Rosemount Comprehensive Plan Land Use Plan and standard zoning districts affecting the future use of the CFI site, the site is also located in a portion of the Mississippi River Critical Area (CA) and Mississippi National River recreation Area (MNRRA) Corridor that runs through Rosemount. Figure 5 illustrates the location of both the CA and MNRRA corridor and the CFI site. The CA program was established in 1976 by the State of Minnesota and is currently administered by the Minnesota Department of Natural Resources. The CA was established by executive order, which established both an external boundary and internal district boundaries (e.g. rural open space, urban diversified, etc.). C.F. INDUSTRIES ROSEMOUNT, MN 4 The MNRRA is a federally designated unit of the National Park Service and was established in 1988. MNRRA established the same external boundaries as the CA, but it contains no internal districts. When the CA was established, the Metropolitan Council provided maps, guidelines and standards to each of the local governmental units that contained portions of the corridor. Each of these cities was then required to incorporate this corridor and its objectives into their comprehensive plans and prepare and adopt local ordinances and other official controls to implement the program. The internal district designations within the CA were largely selected in response to existing conditions in 1976. It is notable that the Executive Order establishing the CA did not contain any process or guidance for modifying either the external boundary, or the internal district boundaries. Figure 5 shows that the CFI site is primarily within the Urban Diversified District, but approximately 52 acres of the eastern-most section of the site is within the Rural Open Space District. While this represents only 14 percent of the CFI site, it is an important issue. It will be essential to fully understand the purpose and intent of both the CA and the MNRRA and to be able to demonstrate that this proposed Planned Unit Development (PUD) can fully support these broad public objectives, while allowing CFI to continue to make reasonable use of the site. Summary of Natural Features and Conditions There are many specific provisions of the Mississippi River Critical Act (CA) that may need to be analyzed and discussed, but there are some overarching principles that must be understood first. Executive Order 79-19 was issued by then- Governor Wendell Anderson. It is important to acknowledge that the CA recognizes that the 80 mile stretch of the Mississippi River through the Seven County Metropolitan Area is a working river. The CA seeks to conserve and protect the natural resources and scenic character of the river corridor, but it also supports the continuation of the commercial and cultural uses of the river and its navigation for both recreational and commercial purposes. Additionally, it is important to note that CFI predated the Critical Areas Act of 1973 and Executive Order 79 -19. CFI has, therefore, been a river transport dependent business of national significance, for over 40 years. If one analyzes the entire 80 mile CA one will see that in the vast majority of instances both the external boundaries and the internal district boundaries tend to follow property lines, section lines, or major roads. It is unusual to split an individual property with either external boundaries, or intemal district boundaries. That was done intentionally to avoid situations in which individual land owners would be faced with different standards on their property. 'What is important to understand and focus on with this PUD is the need to facilitate an effective transition between the Urban Diversified District and the Rural Open Space C.F. INDUSTRIES ROSEMOUNT, MN 5 District. The PUD provides an excellent tool to ensure that transition is accomplished and is permanently implemented. Bluff Line Protection One of the primary features that the CA sought to protect was the bluff line. Much of the attention is focused on setbacks from the bluff to avoid the encroachment of development and the disruption of the natural scenic character of the bluffs The public purpose in protecting bluff lines from encroachment is to maintain a natural view from the water. "Bluff Line" is defined as the line delineating the top of a slope connecting the points at which the slope becomes less than eighteen percent (18 Figure 6 shows the location of the bluff line as it meanders through the CFI site. The key on Figure 6 also identifies the 40 ft. setback from the bluff line in the Urban Diversified District and the 100 ft, setback from the Rural Open Space District. What is important to understand in reviewing Figure 6 is that the existing development of the CFI site is setback from the bluff line and sits on a shelf. With the exception of the two places where barges are unloaded and a dredge spoil disposal site, the view from the river to the overwhelming majority of the CFI site is of natural wooded open space. In summary, the existing development of the CFI site is consistent with the bluff line protection and scenic character objectives of the CA. Natural Resource Inventory Assessment Environmental stewardship is one of the primary objectives of the CA. The PUD process provides a means by which the City of Rosemount and CFI can ensure a higher level of environmental stewardship than could be guaranteed through conventional zoning Figure 7 contains both a graphic summary of the general land cover categories, as they are depicted in the Minnesota Land Cover Classification System (MLCCS). It also shows the findings of a more detailed field inventory and assessment conducted on the eastern portion of the site. This includes the land that is within the Rural Open Space district. Area 1 Area 1 is the wooded area that is adjacent to Spring Lake Regional Park. This is the highest quality forest on the site, although it is only identified as a Moderate Condition Natural Community (Qualitative Ranking C). It has been classified Oak Forest, but in addition to Northern Pin Oak, it also contains Hackberry, Black Cherry, Green Ash, Boxelder and American Elm. The understory in this area contains Tatarian Honeysuckle and Buckthorn with some Gooseberry. This wooded area is an excellent candidate for restoration, starting with the removal of invasive species. Once the invasive species have been removed, the forest can C.F. INDUSTRIES ROSEMOUNT, MN 6 be restored with the planting of native hardwood species, including Red Oak, Bur Oak, Indian Grass, Satin Grass and Brown Eyed Susan. Area 2 This area would be affected by the proposed future expansion. According to the natural resource specialist who completed the inventory and assessment, Area 2 is classified as an "Altered/Non- native Deciduous Forest" according to the guidelines of Minnesota Land Cover Classification System MLCCS). For a general description of this plant assemblage type, please refer to the MLCCS Manual, V. 5.4, which can be accessed on the MN DNR's website at: http:// www. dnr .state.mn.us /mlccs /index.html. Dominant trees in this area include boxelder, green ash, elm, cottonwood, Siberian elm, and to a lesser degree, other pioneering tree species. This assemblage of pioneering/opportunistic species does fit with any of the native plant community types described by the MN DNR in their Key to Native Plant Communities (which is part of MLCCS). There is evidence of wind damage throughout the area and the shrub layer is dominated by nonnative, invasive species, including Tatarian Honeysuckle and European buckthorn. The ground layer in this area is dominated by the nonnatives motherwort (Leonurus cardiaca) and stinging nettle (Urtica dioica). Native ground layer species are less common and include the early successional/weedy native forbs honewort (Cryptotaenia canadensis), white snakeroot (Eupatorium rugosum), and others. Area 3 Area 3 contains many of the same characteristics as Area 2, except for tree species associated with lower ground, like Cotton Wood and Trembling Aspen. This area is an excellent candidate for restoration in close proximity to the river's edge. PLANNED UNIT DEVELOPMENT CONCEPT PLAN The Proposed Concept Plan for the CFI site is shown on Figure 8. This concept calls for the shelf located between the railroad tracks and the bluff line to be improved over time with the addition of potential storage uses. These are the least intensive uses within the CFI site Moreover, this concept is desirable because it efficiently clusters the potential improvements in a central location —thus preserving the maximum amount of open space. Storage uses are also allowed uses within the Agricultural District, which corresponds to the current Land Use Plan designation for this area. It is important to note that these are not actual proposed buildings. They are shown to illustrate the geographic area that could be developed in the future, as well as the substantial portions of the site that will be conserved as open space. The Natural Resource Inventory and Assessment revealed that this area adjacent to Spring Lake Park Reserve is the highest valued Oak Forest on the upper portions of the CFI site. The Concept Plan proposes a permanent buffer area that is approximately 550 ft. C.F. INDUSTRIES ROSEMOUNT, MN wide. In addition to committing to no development in this area, CFI is prepared to commit to the staged restoration and management of this forest, including the removal of invasive species and the replanting of native species to fill gaps in the forest and restore ecological health. With the approval of this Concept Plan the City of Rosemount will have successfully achieved the permanent conservation (and staged restoration) of at least 236 acres within the CFI site. This represents approximately 64% percent of the overall site area. The Concept Plan also proposes the installation of alternative stormwater treatment systems, including rainwater gardens to facilitate infiltration and evapotranspiration and improve the quality and reduce the quantity of stormwater leaving the site. Phasing of Expansion The only near term expansion to the existing CF Industries campus is the addition of a 24 ft. by 48 ft. office building on the liquid storage side of the campus. This proposed office building is illustrated and labeled Future Office Building on Figure 9. With the exception of this office building, there are no active plans for any of the potential additions shown on Figure 9. There are neither any specific proposed expansion activities, nor any particular improvements addressed in any long range plans for the facility. The purpose of this process is to establish a mutual understanding between the City of Rosemount and CF Industries about the long range potential for the CF campus. Figure 9 shows that if and when CFI were to add dry storage facilities, this expansion would proceed from the west to the east. The buildings shown are for illustrative purposes only. Likewise, there are no plans to add wet storage tanks, but if they are proposed in the future that storage will be contained within the general area shown on `Figure 9. This is both due to topography, the MCES easement, logistics and proximity to the other tanks and loading and unloading infrastructure. Any future tank installation would also have to be surrounded by containment dikes. Finally, if CFI were to expand its barge unloading capacity in the future, the expansion of the current seawall would be in the location shown on Figure 9. Notably, this expansion would not require a new conveyor corridor to be constructed, since the capacity of the current system could be significantly increased by a larger conveyor within the existing corridor. The potential improvements and expansion described in these paragraphs include all of the potential long range changes CFI management can envision for this campus. Mississippi River Critical Area (CA) and MNRRA Compliance The proposed Concept Plan respects the bluff line setbacks throughout the site. Figure 10 illustrates a section drawing through the site and shows the substantial setbacks from the river and bluff. It also shows the substantial buffer area between the future development and Spring Lake Park Reserve. C.F. INDUSTRIES ROSEMOUNT, MN 8 As proposed the CFI PUD Concept Plan would ensure that 73% of the portion of the site contained within the Rural Open Space District will be permanent open space. In addition to remaining undeveloped, it will actually be restored. Finally, the proposed storage uses shown on the Concept Plan represent the least intensive uses within the CFI site and both storage and rail service are permitted uses in the Agricultural District. Summary and Conclusion The proposed PUD Concept Plan presents the opportunity to satisfy the objectives of both the City of Rosemount and CF Industries. It will not only facilitate and support reasonable expansion of accessory uses within the site, but it will also result in substantial public benefits that could not be achieved through conventional zoning, or the passive reliance on the Mississippi River Critical Areas Act, or the Mississippi National Recreation River Area Plan. With the inclusion of text describing the PUD Concept Plan, Rosemount will be able to successfully meet the requirement of the Metropolitan Land Planning Act, of consistency between the comprehensive plan and zoning. Moreover, the Plan allows CFI flexibility in developing its site to expand its future operations, and preserves the desirable site characteristics and open space and protects sensitive environmental features such as the bluffs, tree stands, the flood plain and the Mississippi River. The Plan will ensure the continued viability of a long -term excellent corporate citizen of the City of Rosemount that provides opportunities for livable -wage jobs to local residents and also buildings the overall wealth of the community. The completion of this process and the documentation of this Concept Plan will ensure that the mutual understanding between Rosemount and CF Industries is memorialized. C.F. INDUSTRIES ROSEMOUNT, MN 9 16-154i low X13= pl kir bra RIPININE NMI koMI atelou I X12111 ��m I .0 ct N 0) E O 0 c O 0 L... o m m a m 3 �m L d y U 0 E 3 0 U O y J 0 U E N o 0 E a C O -D. 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Industries Rosemount, MN June 0, 3008 ttBantettoo Figure gure 10 Spring Lake Regional Park Spring Lake Regional Pale 1 Section B General comments APPENDIX A: NATURAL AREAS MANAGEMENT The brief management plan outlined below is based on the best current practicable knowledge in the field of natural areas restoration and is premised on the idea of adaptive management. That is to say that the management activities outlined for the first three to five years can be carried out with relative certainty. Activities proposed for the time period beyond five years are also outlined here, but these may be modified in a minor fashion based on feedback from management This approach is referred to as "adaptive management" and is premised on the fact that nature is a complex system influenced by a myriad of biotic and abiotic factors. Retaining the flexibility to modify activities based on feedback forms the basis for adaptive management and will be important for achieving the best results for natural areas restoration at the site. This approach also requires that a brief review /updating of management approaches and activities be taken every few years. Although this periodic evaluation does not need to be an extensive planning effort, it will be important for ensuring the best outcome for the physical and financial resources dedicated to this natural areas restoration and management effort. The management activities outlined below are provided in order of priority for management, with the remnant oak woodland adjacent to the Dakota County Parks property. Additional management activities are recommended for the remainder of the bluff line and old field areas, but are proposed to begin only after the initial push of restoration is complete in the oak woodland site (approximately 2 -3 years, minimum) The majority of natural areas restoration work is planned occur within the first 3 -5 years following initiation for any particular area, while less intensive follow -up management activities would occur as ongoing maintenance beyond year five. Summary of Proposed Restoration Activities Oak Woodland Restoration: Management priority: High This area includes an oak woodland- brushland area called out (along with adjacent mixed woodland area) for restoration on Figure 9 of the July 25, 2008 PUD Concept Plan document. This oak woodland areas is of moderate quality in its current condition, primarily as a result of a dense shrub layer of the nonnative, invasive shrubs European buckthorn and Tatarian honeysuckle, as well as having relatively poor quality ground layer vegetation. The top priority area is the oak woodland brushland immediately adjacent to the Dakota County regional park. Management activities for this area include: C.F. INDUSTRIES ROSEMOUNT, MN 10 Invasive, nonnative brush control Winter 2008 -09 The top priority for this area will be to cut and treat invasive nonnative shrubs. These should be cut within 6 inches of the ground and cut stumps treated with a seasonally appropriate herbicide (e.g. 20 -25% solution of glyphosate or picloram). This work may also include cutting of select invasive trees that have poor structural qualities, or excessively large vines that are impacting or inhibiting existing quality native hardwood trees, or similar. For instance, selective cutting of weedy softwood species such as boxelder may occur where this activity could release more desirable native hardwoods such as oak, hackberry, black cherry, ash, and similar. Supplemental native ground layer seeding Late winter, early spring 2009 A diverse native woodland grass and flower mix should be planted (more than 20 species total) to improve species diversity of the ground layer, improve wildlife habitat, and provide competition to hinder resurgence of nonnative shrubs, as well as to add color and improve the appearance along the highway and park sides of the property. Follow -up control of invasive, nonnative brush Fall 2009 spring 2010 The winter after initial invasive shrub and tree management it will be important to perform follow -up management of invasive shrubs. This may include stems that resprouted, were missed, or advanced in size from seedlings not cut/treated in the previous effort. In most instances, this work is a small fraction of the original work amount. However, in some instances it can require as much as one half to two thirds of the original effort. Mixed Woodland Restoration: Management priority: Medium This includes several mixed woodland areas mostly dominated by early successional trees and shrubs, resulting in these areas being of moderate to poor quality in their current condition, primarily as a result of a dense shrub layer of the nonnative, invasive shrubs European buckthorn and Tatarian honeysuckle, as well as having poor quality ground layer vegetation. Although it would be beneficial to manage these mixed woodland areas for improved quality, the oak woodland adjacent to the regional park is of higher priority. Management activities for the mixed woodland areas include: Invasive, nonnative brush control Anticipated winter 2010 -2011 Initial restoration efforts in these areas will be to cut and treat invasive nonnative shrubs. These should be cut within 6 inches of the ground and cut stumps treated with a seasonally appropriate herbicide (e.g. 20 -25% solution of glyphosate or picloram). This work will also include cutting of select invasive trees that have poor structural qualities, and/or those that are impacting or inhibiting existing quality native hardwood trees, or C.F. INDUSTRIES ROSEMOUNT, MN 11 similar (release cut for highest quality hardwoods in these areas). For instance, selective cutting of weedy softwood species such as boxelder may occur where this activity could release more desirable native hardwoods such as oak, hackberry, black cherry, ash, and similar Supplemental native ground layer seeding Anticipated spring 2011 A diverse native woodland grass and flower mix should be planted (more than 20 species total) to improve species diversity of the ground layer, improve wildlife habitat, and provide competition to hinder resurgence of nonnative shrubs, as well as to add color and improve the appearance along the highway and park sides of the property. Follow -up control of invasive, nonnative brush Anticipated Fall 2011— spring 2012 The winter after initial invasive shrub and tree management it will be important to perform follow -up management of invasive shrubs. This may include stems that resprouted, were missed, or advanced in size from seedlings not cut/treated in the previous effort. In most instances, this work is a small fraction of the original work amount. However, in some instances it can require as much as one half to two thirds of the original effort. Prescribed burning (optional) Prescribed burning is beneficial for prairie and oak dominated woodlands. Depending on the rate of development of the native seed mix, the resurgence of invasive brush, and potential for teaming with Dakota County Parks to conduct a prescribed burn across property lines, this activity may be employed. Open (old field) Areas: Management Priority: Medium -low There is at least one open area currently dominated by nonnative pasture grasses, a few species of weedy native forbs as well as pioneer /invasive trees and shrubs. This area is well- suited for restoration to native vegetation types, including prairie /savanna restoration or forestation. These are briefly described below: Prairie /Savanna restoration in old field areas This work would occur in the same areas as the tree (and shrub) plantings described immediately above and would either complement or serve as an alternate to this activity. These areas currently have perennial ground cover dominated by nonnative grass and weedy trees and shrubs. We propose to prepare the site through control of the existing nonnative vegetation and plant native prairie to increase the native species diversity and wildlife habitat value of the area. Site preparation measures would include a combination of herbicide application (proposed glyphosate and broadleaf herbicide such as 2,4 -D). Seeding would occur C.F. INDUSTRIES ROSEMOUNT, MN 12 approximately 1 -2 weeks following a spring herbicide application or the following spring if herbicide application is conducted in late summer /fall. Savanna restoration in this old field area would include the additional planting of approximately 10 -35 oak trees per acre in this area in the one to three years following initial planting of a diverse prairie seed mix. Forestation: Native Tree (and Shrub) Plantings There are several small openings on the edge of the mixed woodland (shown on Figure 9 of the July 25, 2008 PUD Concept Plan document) that could potentially be planted to native trees and shrubs to provide in -fill for tree canopy gaps. We propose planting bare root stock in these areas with a stocking rate of 400 trees /shrubs per acre. These would primarily consist of native, hardwood tree species, especially oaks and native shrubs characteristic for oak woodlands. CF Industries Natural Areas Restoration Management Summary C.F. INDUSTRIES ROSEMOUNT, MN 13 Item Timing/ Date Oak/Mixed Woodland Cut invasive trees/brush 2008 -09 Oak Woodland Seeding 2008 -2010 Follow -up cut/treat invasive shrubs 2009 -10 Prescribed burning (optional) TBD Mixed Woodland Cut invasive trees/brush 2010 -11 Woodland Seeding 2011 Follow -up cut/treat invasive shrubs 2011 -12 Prairie /Savanna restoration in old field Site preparation Spray TBD (or forestation) Prairie Seeding TBD Prairie Grow -in Maintenance TBD Forest Expansion Tree Shrub Plantings TBD approximately 1 -2 weeks following a spring herbicide application or the following spring if herbicide application is conducted in late summer /fall. Savanna restoration in this old field area would include the additional planting of approximately 10 -35 oak trees per acre in this area in the one to three years following initial planting of a diverse prairie seed mix. Forestation: Native Tree (and Shrub) Plantings There are several small openings on the edge of the mixed woodland (shown on Figure 9 of the July 25, 2008 PUD Concept Plan document) that could potentially be planted to native trees and shrubs to provide in -fill for tree canopy gaps. We propose planting bare root stock in these areas with a stocking rate of 400 trees /shrubs per acre. These would primarily consist of native, hardwood tree species, especially oaks and native shrubs characteristic for oak woodlands. CF Industries Natural Areas Restoration Management Summary C.F. INDUSTRIES ROSEMOUNT, MN 13 Draft Conditions of Approval for the CF Industries Concept Plan (as recommended by the Planning Commission) RECOMMENDED ACTION: Motion to recommend that the City Council approve the Planned Unit Development Concept Plan, subject to the following conditions: 1. A Planned Unit Development Plan Master Development Plan, Planned Unit Development Final Site and Building Plan, and Rezoning will be required before any facility expansion to the east is permitted. 2. The Planned Unit Development Master Development Plan and Rezoning will include a deviation from Code Section 11 -7 -4 E.2.a. to allow industrial uses in the Rural Open Space district limited to the area shown in Phase 3 and Phase 4 of Phasing Concept Map Figure 9. 3. Approval of the Planned Unit Development Concept Plan does not permit any deviation to the GI- General Industrial or Mississippi River Corridor Critical Area Overlay Districts beyond that described in Condition 2. 4. A Planned Unit Development Master Development Plan and Rezoning will only be considered by the City when needed, as depicted on the Phasing Concept Map Figure 9. No rezoning shall occur more than 9 months in advance of a construction project. 5. CF Industries will work with the City and Dakota County to site the Mississippi River Regional Trail and the Interpretive Trail Corridor. 6. A minimum of 500 feet wide buffer shall be provided between any building, structure, parking or loading area and the eastern property boundary, adjacent to Spring Lake Regional Park Reserve. 7. A conservation easement shall be placed over the bluff, bluff setback, and vegetated areas located north and east of the proposed spur as shown on the Proposed Concept Map Figure 8 by December 31, 2009. 8. Any removal of trees to accommodate the development as shown on the Proposed Concept Map Figure 8 shall include tree replacement as described in the adopted Tree Replacement Ordinance at the time of tree removal. 9. The implementation of the natural area management plan as described in Appendix A shall commence by December 31, 2009. 10.The stormwater infrastructure shown on the plan is inadequate to accommodate the proposed expansions. No waiver from the stormwater management rules in place at the time of expansion are granted as a part of this Concept Plan. The area of the proposed expansion may need to decrease to accommodate the stormwater infrastructure that is required to meet City standards. 11. Pine Bend Trail is designated as a Minor Collector road within the 2030 Comprehensive Plan. Any development within CF Industries shall include the preservation of the 100 feet right -of -way width to allow the reconstruction of Pine Bend Trail into a Minor Collector road. 12. The development of the additional warehouse may need to include additional rail car and semi trailer staging areas to prevent the parking or staging of rail cars or semis within the Pine Bend Trail right -of -way. 13. The applicant shall add berming and landscaping to buffer the future buildings from the Pine Bend Trail right -of -way. 14.The existing buildings at CF Industries do not meet the building material standards within the HI Heavy Industrial zoning district. This Concept Plan approval does not waive required building standards and the future buildings will need to meet the adopted zoning and building standards at the time of construction. 15.The dredge spoils deposited in Area 3 shall not infringe into the bluff or bluff setback area and must be vegetated after new spoils are deposited to prevent erosion and damage or filling of bluff. 16. Compliance with the Engineering Memorandum dated December 17, 2008. EXCERPT FROM MINUTES PLANNING COMMISSION REGULAR MEETING DECEMBER 23, 2008 5.a. CF Industries PUD Concept Plan Application (08 -44 -CON). Senior Planner Zweber reviewed the staff report. CF Industries has submitted a Planned Unit Development Concept Plan (Concept Plan) describing the future development of their facility. CF Industries has 370 acres of property along the Mississippi River that contains their existing facilities, bluffs, native tree stands, and former farm and pasture land. CF Industries' desire is for the Concept Plan to demonstrate how future development of their site would expand onto the former farm and pasture land while protecting and improving the bluff and native tree stands. CF Industries is requesting that 12 additional acres of former farm and pasture land be added to the GI General Industrial land use designation of the 2030 Comprehensive Plan to allow for the future expansion shown in the Concept Plan. The request to guide the 12 acres to GI General Industrial will be addressed by the Planning Commission and the City Council during the review of the public comment received for the draft 2030 Comprehensive Plan. Mr. Zweber also reviewed an email sent by John Shardlow of Bonestroo, in response to the staff report. John Shardlow, of Bonestroo, approached the Commission to comment on a few issues. He stated that the purpose of this Planned Unit Development was to memorialize the understanding between CF Industries and the City of Rosemount of what is expected to happen in the future development of the site. Mr. Shardlow mentioned that the guidelines for the Mississippi River Critical Area include preserving the land but also protecting the river for industry and transport. He stated the concept plan shows conservation close to the regional park but there also needs to be something on record that will show an area for possible expansion in the future. With respect to storm water infrastructure requirements, Mr. Shardlow stated that CF would hope to use natural treatment options for the management of storm water but would agree to comply with the City requirements when the time comes for approval. With respect to parking along Pine Bend Trail, Mr. Shardlow stated that this was not an issue before Homeland Security because the gates were then left open and the trucks could enter the site. Now, he stated, the gates are locked so if a truck comes early, they need to wait on Pine Bend Trail. He further stated there has only been one complaint to date. Mr. Shardlow stated that CF will work with staff between now and the Council meeting to come up with language to work out this issue with the size of the facility as it is now and arrangements if the facility grows. Chairperson Messner stated one alternative to Condition No. 12 as it is currently worded would be to strike the first sentence with the idea that CF and staff would work together on it further. Mr. Shardlow agreed and stated the word "prohibited" is what CF does not like about how the condition is currently worded. Chairperson Messner commended the presentation. The public hearing was opened at 7:13p.m. Joe Sirnones, 13273 Pine Bend Trail, approached the Commission and expressed his concern with the increase in noise and the reduction in his property value with more construction taking place across Pine Bend Trail. Chairperson Messner pointed out that the parcel Mr. Simones was referring to directly north of his property is guided General Industrial and designated in the 42/52 land use study as Corporate Campus, and therefore the property will not remain as vacate land. There was no further public comment. MOTION by Howell to close the public hearing. Second by Palda. Ayes: 5. Nays: None. Motion approved. Public hearing was closed at 7:16p.m. Chairperson Messner stated that he is in favor of moving forward taking into consideration how the parcel is currently zoned and guided, as well as the understanding that this is just a concept plan. He further stated he would recommend deleting the first sentence of Condition No. 12 with the understanding that staff would work with the applicant if there is ever an issue with parking. MOTION by Messner to recommend the City Council approval of the Planned Unit Development Concept Plan, subject to the following conditions: 1. A Planned Unit Development Plan Master Development Plan, Planned Unit Development Final Site and Building Plan, and Rezoning will be required before any facility expansion to the east is permitted. 2. The Planned Unit Development Master Development Plan and Rezoning will include a deviation from Code Section 11 -7 -4 E.2.a. to allow industrial uses in the Rural Open Space district limited to the area shown in Phase 3 and Phase 4 of Phasing Concept Map Figure 9. 3. Approval of the Planned Unit Development Concept Plan does not permit any deviation to the GI- General Industrial or Mississippi River Corridor Critical Area Overlay Districts beyond that described in Condition 2. 4. A Planned Unit Development Master Development Plan and Rezoning will only be considered by the City when needed, as depicted on the Phasing Concept Map Figure 9. No rezoning shall occur more than 9 months in advance of a construction project. 5. CF Industries will work with the City and Dakota County to site the Mississippi River Regional Trail and the Interpretive Trail Corridor. 6. A minimum of 500 feet wide buffer shall be provided between any building, structure, parking or loading area and the eastern property boundary, adjacent to Spring Lake Regional Park Reserve. 7. A conservation easement shall be placed over the bluff, bluff setback, and vegetated areas located north and east of the proposed spur as shown on the Proposed Concept Map Figure 8 by December 31, 2009. 8. Any removal of trees to accommodate the development as shown on the Proposed Concept Map Figure 8 shall include tree replacement as described in the adopted Tree Replacement Ordinance at the time of tree removal. 9. The implementation of the natural area management plan as described in Appendix A shall commence by December 31, 2009. 10. The stormwater infrastructure shown on the plan is inadequate to accommodate the proposed expansions. No waiver from the stormwater management rules in place at the time of expansion are granted as a part of this Concept Plan. The area of the proposed expansion may need to decrease to accommodate the stormwater infrastructure that is required to meet City standards. 11. Pine Bend Trail is designated as a Minor Collector road within the 2030 Comprehensive Plan. Any development within CF Industries shall include the preservation of the 100 feet right -of -way width to allow the reconstruction of Pine Bend Trail into a Minor Collector road. 12. prohibitcd on Pinc Bcnd Trail. The development of the additional warehouse may need to include additional rail car and semi trailer staging areas to prevent the parking or staging of rail cars or semis within the Pine Bend Trail right -of -way. 13. The applicant shall add berming and landscaping to buffer the future buildings from the Pine Bend Trail right -of -way. 14. The existing buildings at CF Industries do not meet the building material standards within the HI Heavy Industrial zoning district. This Concept Plan approval does not waive required building standards and the future buildings will need to meet the adopted zoning and building standards at the time of construction. 15. The dredge spoils deposited in Area 3 shall not infringe into the bluff or bluff setback area and must be vegetated after new spoils are deposited to prevent erosion and damage or filling of bluff. 16. Compliance with the Engineering Memorandum dated December 17, 2008. Second by Schultz. Ayes: 5. Nays: 0. Motion approved. As follow -up, Mr. Zweber stated this item will go before the Council in January either at the regular meeting or possibly a work session. With respect to the Comprehensive Plan schedule, Mr. Zweber reiterated that in March, the Planning Commission will see the public comments submitted and the changes made as a result of those comments. He asked the Commission if there was any additional information they would like to see regarding the CF Industries request, and Chairperson Messner stated that the level of detail in the submitted concept plan was more than most and he was comfortable with the level of information provided. The other Commissioners agreed. From: Shardlow, John W. Sent: Monday, December 22, 2008 4:38 PM Cc: Dohmen, Scott Pine Bend'; Phelps, Todd Subject: Planning Report for CF Industries" PUD Concept Plan Staff Report Eric: Scott passed along a copy of the staff report to Todd and me and we have had the opportunity to review and discuss it together. We are please to receive the recommendation for approval by the staff and we are fine with the vast majority of the suggested conditions of approval. After working together on this matter for many months, it is good to finally be at this point. We do not intend to make a full presentation, unless you recommend otherwise. We have been in dialogue with the commissioners, many have toured the CF campus and we participated actively during the comprehensive planning meetings. I will have large scale, board mounted versions of all of the key exhibits with me. You are more than welcome to use them during your presentation, if that would be helpful. I will plan to make some brief remarks focused primarily on the items I will address shortly. Scott Dohmen will be there to answer any questions and Todd Phelps will be available as a resource. SUMMARY OF COMMENTS: 1. It may seem implicit to you, but the staff report does not explicitly say that if a Planned Unit Development Master Plan Development Plan, Planned Unit Development Final Site and Building Plan and rezoning request are submitted and they are consistent with this PUD Concept Plan and all other applicable codes and ordinances, they should be approved. I know that this is an atypical application of PUD zoning (and we appreciate your flexibility) but we believe it would strengthen and clarify the record to be explicit on these points. 2. Condition 5 states that CF Industries will work with the City and Dakota to site the Mississippi River Regional Trail and the Interpretive Trail Corridor. We take no issue with that statement and we have no objection to agreeing to it as a condition. Scott Dohmen has in fact been working with Dakota County and will welcome the opportunity to continue to work cooperatively toward identifying a mutually acceptable trail corridor. The point we need to make is simply that there are extremely serious public safety concerns about all of the alternatives that have been suggested to date. 3. Condition #7 calls for a conservation easement to be placed over the bluff, bluff setback and specific vegetated areas. We are completely in agreement with the intent of this condition, but if the PUD commits to conserve these areas and the PUD Concept Plan commits to the bluff locations and the setbacks and the land is subsequently zoned PUD, doesn't that affectively accomplish the same result? 4. Condition #10 states that the stormwater infrastructure as shown is inadequate and any future development will need to comply with City standards. We have no issue with that condition as written, but we do intend to take full advantage of all available ways to naturally treat as much stormwater as possible on the site. This is an important component of our overall site conservation and restoration strategy. It frankly helps CF Industries justify the significant commitment they are making to dedicating open space and natural resource restoration. 5. Condition 12 was the one condition that came out of the blue to us. None of us can ever remember this issue being raised at any point over the last couple years of conversation and it was not raised during your initial preliminary review. We understand the issue and we are willing to work toward a solution, but there are significant practical and Homeland Security issues that are involved with this condition. First of all, CF Industries prefers to stage trucks on its property. In the past, they would simply leave the gate open and truck drivers would come into the site and wait for the business to open at 6:00 am. Now they are required to keep the gate locked and there are times when truck drivers arrive before the gate is open and wait out on the road. Scott Dohmen is willing to post signs and communicate with the haulers and encourage them to park elsewhere if they arrive early. Scott has also indicated that there are a small number of peak periods annually when the volume of activity is simply too great to accommodate all of the trucks on site. In the past he has worked directly with Police Chief, Gary Kalstabakken to manage these short term situations. If some strategy cannot be worked out to manage this issue, it has the potential to create a major hardship for CF Industries. In closing, most of the conditions listed in your staff report were expected and they pose no concerns for us. We are also hopeful that we can work together to find mutually acceptable solutions to those listed above. Any opportunity to discuss them prior to the meeting tomorrow would be welcomed. I am in all day and can be very flexible in accommodating a phone call, or conference call if necessary. Thanks and see you tomorrow night John Shardlow Principal Tel 651 967 -4560 Cell 612- 720 -3674 john.shardlowe.bonestroo.com 2335 Highway 36 W St. Paul, MN 55113 Tel 651 636 -4600 Fax 651 636 -1311 www.bonestroo.com CONFIDENTIALITY NOTICE: The information contained in this e-mail communication and any attached documentation may be privileged, confidential or otherwise protected from disclosure and is intended only for the use of the designated recipient(s). It is not intended for transmission to, or receipt by, any unauthorized person. 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