Loading...
HomeMy WebLinkAbout14. Five-Year- Street Capital Improvement Projects (CIP)City of Rosemount Executive Summary for Action Planning Commission Meeting Date: September 8. 1992 Agenda Item: Street Five-year Capital Improvement Program Agenda Section: (C.I.P.) OLD BUSINESS Prepared By: Lisa J. Freese Agenda No. Director of Planning ITEM # 14 Attachments: City Council Packet. Apprp ved B At the August 4, 1992 City Council Meeting the Public Works Department presented the "Streets 5 Year Capital Improvement Program" concept. The City Council passed a motion to support this concept and directed staff to continue the next steps in the process. The C.I.P. provides for new or total reconstruction of City streets for a five-year planning period. This C.I.P. should be included in the Comprehensive Guide Plan Update. At your meeting on Tuesday, we will review the tentative program and ask for any input that you have regarding timing and identification of future street projects. Recommended Action: For discussion, no action required. Planning Commission Action: 09108/92.014 AAWA TO: MAYOR McMENOMY COUNCIL MEMBERS: KLASSEN STAATS WILLCOX WIPPERMANN FROM: CITY ENGINEER OSMUNDSON DATE: AUGUST 14, 1992 RE: STREET 5 YEAR C.I.P. This agenda item is to provide preliminary information to the Council of Staffs suggested requ%rements for a 5 year Capital Improvement Program for new construction or total reconstruction of City streets. We will come back at a later time and ask for formal approval of this program. The Pavement Management System and Inventory which was initiated approximately two years ago will be re-examined again this fall. The Staff will again inventory all the streets in the City and determine which streets are deficient. The dist before you tonight for new construction or total reconstruction are the worst streets in town which were identified in the 1990 Pavement Management Study. With the inventory again this fall, we should be able to determine which additional streets will require a structural overlay or other form of maintenance. Attached is a suggested 5 Year program with cost estimates, estimated assessements and estimated Municipal State Aid eligibility amounts. Also attached are maps showing construction proposed for each year. The following criteria were used in determining the list before you tonight: Deficient streets in terms of amount of existing traffic and capacity, their existing structure, their existing alignment and associated traffic problems, and deficiency in drainage. Future streets which may be required by development. Designated County capital improvement program streets for which we will be required to pay a portion of. Other considerations were taken into the timing of the construction projects. These would include watermain construction projects which would comply with the Comprehensive Potable Water System Plan. Further information on these projects will be provided after discussion with the Utility Commission. We also considered the residents' access to homes and tried not to concentrate too much of the reconstruction in one area so that access to homes could be maintained. We did not include other possible new street construction projects, such as Biscayne or Bacardi, which may be required for future developments, such as the CMC property east of Biscayne Avenue. The reason for this is that that is probably less likely to occur than the other areas which are currently within the MUSA boundary. FUNDING The total estimated cost for the 5 Year C.I.P. or new construction or reconstruction of streets is approximately 7.4 million dollars. The MSA eligible amount is estimated at approximately 4.3 million dollars and the estimated assessments per the assessment policy is approximately 2.4 million dollars. The MSA eligible amount of 4.3 million is somewhat misleading. As you know we currently receive from Municipal State Aid for streets approximately $380,000 per year. We can assume that the average for the 5 years, 1993-1997, that we may receive approximately $400,000 per year, which would total only 2 million dollars. The estimated cost of 7.4 million is approximately $660,000 more than the MSA eligible amount and estimated assessments and therefore would have to come out of some other form of funding, mainly bonding. SUMMARY At a previous Council meeting, l believe in a discussion on 145th Street, a Council Member stated that they would be in favor of any construction project to improve our streets. Tonight we are asking for a nod of approval for the Capital improvements Program to improve some of our streets.. As stated, we will ask for formal approval at a future Council meeting. CITY OF ROSEMOUNT STREET 5 YEAR C.I.P. NEW CONSTRUCTION OR TOTAL RECONSTRUCTION YEAR STREET FROM TO ESTIMATED COST MSA ELIGIBLE AMOUNT ESTIMATED ASSESSMENT 1993 145th St. Cameo Shannon Pkwy 51,036,000. $817,000. $210,000. 1993 Chili-Chipp 146th St. End $86,000. $-0- $41,000. 1993 Cameo Ave. 145th St. 143rd St. $83,000. $-0- $61,000. 1993 143rd St. Hwy 3 End of School $49,000. $-0- $40,000. 1993 Lower 147th Hwy 3 Canada $118,000. $-0- $88,000. TOTAL 1,372,000. 817,000. 440,000. 1994 Cameo Ave. 145th St. Lower 147th $83,000. $-0- $63,000. i i 1994 Cambrian Ave Lower 147th Hwy 3 $132,000. $-0- $86,000. 1894 Camero Lane Cambrian End $100,000. $-0- $59,000. 1994 C.R. 46 Hwy 3 A.V. $945,000. $-0- $152,000. 1994- C. R. 46 Hwy 3 Hwy 52 $331,000. $-0- $220,000. 1994 Cimarron Dodd 145th St. $40,000. $-0- $37,000. TOTAL 1,631,000. 0. 617,000. 1995 Chippendale 151st St 160th St $373,000. $235,000. $281,000. 1995 145th St Brazil C.R.42 $784,000. $784,000. $254,000. 995 'Biscayne �' C.R.42 RR Tracks $500,000. $446,000. $210,000. TOTAL 1,657,000. 1,465,000. 745,000. 1996 Connemara Shannon Pkwy Hwy 3 - $1,562,000. $1,562,000. $396,000. TOTAL $1,562,000. $1,562,000. $396,000. 1997 Dodd Blvd Chippendale Delft $1,172,000. $448,000. $242,000. TOTAL $1,172,000. $448,000. $242,000. GRAND TOTAL 7,394,000. E4,292,000- E,44:0,000. 1 CITY OF ROSEMOUNT STREET 5 YEAR C.I.P. NEW CONSTRUCTION OR TOTAL RECONSTRUCTION YEAR ESTIMATED COST MSA ESTIMATED ASSESSMENTS ELIGIBLE AMOUNT 1993 $1,372,000. $817,000. $440,000. 1994 $1,691,000. $-0- $ 617,000. 1995 $1,657,000. $1,465,000. $745,000. 1996 $1,562,000. $1,562,000. $396,000. 1997 $1,172,000, $448,000, $242,000, TOTALS $7,394,000. $4,292,000. $2,440,000. Co V ml�lm Fay l'j l�P +PVlWN�P Pi;IPPPNN:' I CA `� ►P W N N - w� f V LI II p ,. nrillr M VIP i A .M ll j t0 CMw Aur. Ar• .yU/, L, tf ns wt/ -� t.. wll�Illf 'yt( YIIDID �• ��• � F� = rz WO �.•••1 �• Al&4 1•LN _,.. ``_ —Z:'J1 1��A�. I tl: I111I�1. A.•. r. J�`�. Oct ��/l�IIiII�I�IIQ�IIo —I:;A:. � q), .., 1994 xs 2 � • toting Precinct LET A�< , s i .(,.•- `��._ ,'• I Al C, Illi r,»It - j tllr .I j ig ilr Com' I voting Precinct L 1 I t i i.............................. Young Precinct I I.,,P,«Couw - UNIVERSI T. CM= i 1 DN+wta WAY A. CRESCM.•r Coat 7. LYPOI ISM SMM - RE • L L CK4 LMOR AM" IOOrtYE1L COLM WORM II.0 LL"GA"C%ME IZ CALOAN" WAY Ii C XL"&" 7 COURT 14-CACPC-#E►An1 ISCESTC+ECOLRr 1L C1O'cSLEA WAY t7.0.OR.EY AVENUE IL W-NWAA+Or AVEM E ILdt""MAVE." = ww"OON4M AVENUE 21. SAOUG-OW4 AVENUE ZZ d\,A"Doori AVE>\UE HvVY St i 1 �S Pa 11 ® ® Set . - C 19Its 4 95 t . 2 J, y• �� K <<, Voting Precinct L7 I /� ' d „..�• " � w IS'1= Vo: ting Precinct L CyD.Dv..,°"ten... °r .`�.— ( scoot <• f ' I tcw.2 c Yotin D <,�•-� � ,. t,: 5, � g Precinct .I tasu .�' uCl � k 1 7 °,.+ , °"'^E`°"" UNIVERSI T= Votin Precinct IV ,•,, I _ , •�' Sr 2 DAPPLE Cm= • It,.f St 1S • 3 DARww WAT 1 : t C,%3l'ENi Ct7Ct•E 1 a a Wn� .� 7. tsPOt,sev E7AEET RE a • a 04AAUMTCNAVENUE 1 •• 5, ID DfiVE.tE COIRT NONTN .. y. ,,. COLL!✓f1A147 DACE �+ ta<rw ct t2 CCLLbd �I WAY =1ttt—������..JI A „ iS C0.wsAlTr C0.RT 1SS 5, 14.C71ES70NEMTN � la Cnm7c" 7;ESTCNE CAY Crwll 7♦ it CP C, < t (�'� t: 1T.dtdLET AVD'A.1E c t"��-r J' to dIRCU•ID7 AVEJ{� JSa,wis BLWPA7TY AVEk%X U IN r. ?38tl.DDoµN AV'E)AJE 4 2i.5A000K9<AJ4 ^IDAJE , • .e/ 3eW.weOf+J AvFNI,�E . O • A e +. ., r..� 1 u SI 1 _. 7tO1A St 1996 t t !,w �-' tinting Precinct IIILA f fit 4• • ,l...�'� :. �= • + • • • • •,• ►� I o Doting Precinct 1 s -iI •• ��.� .. �. fle. acwoot �� ac-aot 6Voting Precinct 1 •'. . Ma. . - V� l yt • u- ..wS. caws. .a ` UN�VERS� 1 i VOtut Precinct IV tsr, ,. ow►n.aCWIOJ I o•►ns C7r.. c T < t t . ,a • a CNOCSfT CpCJ r• t : a CO"IM COURT l UJWLrYwwg FE t tabn STRIM yJ I •.. A. v 7601461E COURT NORM wwT 12OOtadaatw �. Ol ...n, 4 1]. COU]NawRT CCURT$4. CREPOP4 Paw -C IL 0+O C-11 T, iLCMRT%MtV-y 17 w.£a4 T 7E X.P- r1l i 210 I t R as pUoawa wvVw' 19 7.w •= = 1997 31 Y b C • I 127,wct j� I tjat. 1I Y A 2 � , s - ". 2..e - Voting Precinct M c Is. 0 o u.l ,.. 1326 (.SAM lj Votin Precinct ry 7° °""LEGD&-MI WAACLE � � s' ` a DAPww WAY L CRESCENT OR= _ COPPER COURT [ ,a7M • L BURNLEY AVEMVE T. UP -pot , • , STREET r , • f O.+RLSTC A\. kom tta St < mix 2 72. CO�LJJLARY © u 7iALLMMA WAY o� c {w, ,a..w c, toC kjAA6A,tr COURT s S. 1 ,w Sr t4. CRESTOME MTM A IL CRESTOME COURT L•.w�u b I& 0a47°SL.ER WAY c, a ., tT.C,•OR:E.Y AVD&A t I T _ 7LOURGt7AYAVEJOA 7L 8t1MiAT'TY AVENUE 71. 6ROUGKSK&W- g a � • A •. ^., . .� %I71JE 3lR7Ar+eCau AVE)[L,E • y •s +satw s[ ue.w Jt ill.e_\\i ail y Mimi I Voting Precinct L i i i Vo ting Precinct I UNIVERSI T I RE ,ming Co mission Meeting Minutes 17, 1991 Page Two MUSA) to 3) creation of a non-contiguous freestanding theMet' conta nme fa01 olitan Urban Nand provide wastewater treatment capacity generated by the 4) a revision tothe Comprehensive Sewer Plan to reflect the flows g containment facility. Second by Busho. Ayes: 4. Nays: 0. Ed Dunn and agreement to acquire property owned by Sowles Properties Li ited has a purchase d have submitted an application for a metes located west of STH 2, between CR 38 a tosplit They ten -acre tract of land situated in the and bounds lot division of the 55 -acre pa and for tower cranes. Planning Director northwest portion of the property for use , r a storage y Freese discussed Planning staff concerns regarding the survey and lot descriptions. Ltd. has submitted a petition to the City In addition to the request for a lot division, Soe on?AG Agriculture to IG General Industrial to peri for a rezoning of the proposed ten -acre pa and Metropolitan Council previously pp roved the use of the property as their storage yard. The City ro ed ten -acre parcel a Comprehensive Guide Plan Amendment to redesignate land use for the p P°S from Agricultural to Industrial Planning staff reco r : mends approval of both the metes and bounds rot uiveme� rezoning of the ten -acre parcel. This request is consistent with minimum ordinance eq comprehensive guide plan• petitioned by TION b Hathaway to recommend approval of a metes and bounds lot division, as MO Y description for both lots and, further, Sowies Properties Ltd., subject to a corrected survey and legal subject to the following: parcel; 1) cash park dedication, in lieu of land, for the ten -acre pa ided through the road easement 2) access to the ten -acre parcel be provthe property owner rtment request for the road easement to be graded by g) Public Works Depa parcel; and and gravel surface be installed the length of the ten -acre pa Ing through platting and/or reels be divided from the remnant parcel without go 4) no further, pa ment process. Planned Unit Develop Second by Meyer. Ayes: 4. Nays: 0. wa to recommend approval of a rezoning of the Sowies Properties LId• requeSecond to MOTION by Hathaway from AG AgricuRure to IG General Industry. rezone the ten -acre parcel of subject property by Busho. Ayes: 4. Nays: 0. gmad-to,11111611110014 Ckli_,oilsoft recessed*16 the Oft hiisrtge ®d for this *m i M 5:50 p.m. to;c r Chdrper�rr H Y_ l�;�i hearing, n of PuMi and by Ron Miller. T : , r ry possession M#dwvft HearingNotice• ' Miller 4050 152nd Court West, has petitioned the City to grant a variance to side yard Mr. Ron , ck r uireIments to allow construction of an attached d tse backs In the R-1 District. t of his side Ya rd setback eq property line. the Zoning Ordinance requires ten feet Yard constructed the deck without Director of Planning Lisa Freese advised that Mr. Miller has already , n which met setback building Permit. Ms. Freese indicated that the contractorrI°�� o existing home installed a benefit of a b 9 p do door atxl a modest deck at this sideY bay projection with a pa developer designed the home for a side deck had a requirements. While it is unfortunate that the othe ed budding permit been sought before .construction the side yard violation would have been detect �y Regular Planning Commission Meeting Minutes August 27, 1991 Page Three before construction and a more acceptable modified deck configuration could have been achieved. On the basis that other', adequate deck designs could have been approved within Zoning Ordinance compliance, Planning staff recommends denial of the Ron Miller Variance Petition. Mr. Ron Miller was present and discussed the inadequacy of the original 8' x 10' deck, noting that the combination of the small deck and bay window rendered the deck unusable. Mr. Miller stated that the original deck was inadequate in size and replaced with a more sufficient deck. it was Mr. Miller's opinion that the existing deck was more aesthetically pleasing and an enhancement to both the neighborhood and his property. He stated that several homes in this neighborhood had similar situations and cited he!: has observed many homes in the City that are not in compliance with the side yard setback. ' "were no other comments ftmthe audiences and'Chairpown`Hetwmy dosed the putft Miller, by Hathawaylt dear the variance petition of Mr. ROM Miller because It does not meet the requirements of Section 15.2 of the Zoning Ordinance. Second by Edwards. Ayes: 4. Nays: G. Chairperson Hathaway' opened the public hearing to receive input on the Variance Petition submitted by Andrew R. Traffie. The recording secretary had in her possession Affidavits of Publication and Mailed and Posted Hearing Notice. Director of Planning Lisa Freese advised that Mr. Andrew Traffie, 4075 152nd Court West, has petitioned the City to construct a deck on his home to within seven feet of his side yard property line. This request is similar in nature to the previous variance request in that the contractor installed a patio door into a bay projection to the side of the home; however, there are several issues differentiating the two requests. Mr. Traffie is proposing a two-level deck of which the smaller top level deck encroaches''into the required side yard by three feet. This portion of the deck is a 9' wide by 12' long landing which serves as a transition to the main deck situated at the ground level in the rear yard. Due to placement of the home on the lot, if the landing were to be constructed within the required setback, it would not meet minimum building code standards for stair landings. With the landing in the side yard with the main focus of entertainment in the rear yard, encroachment into the side yard would have only a minor effect on the adjacent property. Planning Staff recommends approval of the Andrew Traffie Variance Petition. There were no comments from the audience and Chairperson Hathaway closed the public hearing for Andrew Traffie. MOTION by Hathaway', to approve the variance petition of Andrew Traffie because it meets the intent of requirements in Section 15.2 of the Zoning Ordinance. Second by Edwards. Commissioner Edwards commended Mr. Traffie for his effort to create a more suitable deck design, in an unsuitable situation'', created by the developer, in agreeing to construct an alternative deck design In an attempt to meet minimum ordinance requirements. Vote on the Motion: Ayes: 4. Nays: 0. Chairperson Hathawayopened the public hearing to receive input on the Variance Petition submitted by Genz -Ryan Plumbing and Heating. The recording secretary had in her possession Affidavits of Publication and Mailed',, and Posted Hearing Notice. Genz -Ryan Plumbing and Heating, 14745 South Robert Trail, has submitted a petition to erect a six- foot high chain link fence with an additional three strands of barbed wire above the chain link portion ,! Regular Planning Commission Meeting July 14, 1992 Page Two The Public Hearing for Jeffrey Plan, 3598 147th Street West, was opened by Chairperson Meyer. The recording secretary had in her possession Affidavits of Publication, Posted, and Mailing Hearing Notice. Assistant Planner Rick Pearson advised that Mr. Plan has submitted a Variance Petition to allow him to construct an addition onto his single family home to within 8.5 feet of his side yard property line. The Zoning Ordinance requires a 10 -foot side yard structure setback in the R-1 District. However, Assistant Planner Pearson advised that the petitioner was unable to provide supplementary information requested by Planning staff prior to compilation of Planning Commission meeting packets. Mr. Plan stated that the survey information was submitted to Planning staff as soon as it was available to him; however, he voiced no opposition to a continuance of the Public Hearing. ith the consensus of the Commission, Chairperson Meyer continued the Public Hearing for the Jeffrey Plan request for variance to side yard setback requirements to the July 28th, 1992 Regular Planning Commission Meeting. C_Wkon Moyer closed the Board of Appeals and Adjustments and reconvened the July 14, 1992 lar Planning Commission Meeting at 5:35 p.m. Discussion of the CMC concept land use proposals continued. Director of Planning Lisa Freese discussed the background of both properties and provided a brief summary of a meeting that took place between staff and CMC representatives earlier this day. CMC indicated they would Eke to develop the 103 -acre parcel first if they are able to get Planning Commission support for the Land Use Concept. Ms. Freese suggested that if the Planning Commission supported the 103 -acre land use concept the sewer capacity would dictate that only this development could begin prior to treatment plant expansion anticipated in 1996. CMC representatives indicated that they would like to get closure on the land use concept proposal for the 226 -acre CNW site and Planning staff suggests that if the Planning Commission supports this concept, they should recommend that it be included in the Comprehensive Guide Plan update and also included in the year 2000 MUSA (assuming that treatment plant expansion is completed in 1996). Planning staff will continue to monitor sewer capacity issues surrounding the Rosemount Waste Water Treatment Plant and advise CMC Heartland Partners of any new developments that may impact their proposal. Planning staff also advised that results of the Transportation Study, in process at this time, may influence proposed access points to both sites. MOTION by Gundacker to recommend approval of the development concept for the 226 -acre parcel as submitted by CMC Heartland Partners; and, further, recommend that City Council consider designating this site as Urban Residential and include this property within the year 2000 Metropolitan Urban Service Area boundary in the Comprehensive Guide Plan Update per the Metropolitan Council's recommendation regarding major guide plan amendments. Second by Meyer. Ayes: Gundacker, Busho, Meyer, Baago. Nays: 0. Mr. Oustimovitch presented a concept land use plan for the 103 -acre CMC property bounded by 145th Street on the north, Biscayne Avenue to the east, CSAH 42 to the south and the Soo railroad line to the west. CMC representatives requested Planning Commission consideration and comment on their proposal for a mixed use development consisting of approximately 25 DRAFT Plannin commiscion g UGULAR MEETING MILT=S - AUGUST 11, 1992 Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on Tuesday, August 11, 1992 at 5:00 p.m. Chairperson Meyer called the meeting to order with members Busho and Baago present. Also present was Director of Planning Lisa Freese, Assistant Planner Rick Pearson, Planning Intern Marie Darling, and Mike Miles, City legal counsel. MOTION by Baago to approve the July 28, 1992 Regular Meeting Minutes as presented. Second by Busho. Ayes: Busho, Meyer Baago. Nays: 0. Additions to Agenda: 3(a) USPCI Update. Director of Planning Lisa Freese reported that USPCI has completed the grading for their first cell and the liner is ready to be positioned within the cell. Upon completion of construction of the proposed on- site building, approximately ten employees will be employed on the site; however, USPCI public relations staff and sales office will remain in the Rosemount downtown area. Planning Commissioner Busho advised that she had attended a Chamber of Commerce breakfast where Mr. Rex Kraft, USPCI Operations Manager, announced a "Job Fair that will take place on August 20th and 21st. Mr. Kraft also offered to conduct tours of the facility for interested City organizations, including City staff, Council, Commissions, and Committees. Director of Planning Freese provided a brief review of Council action on the items forwarded to them from the Planning Commission. Council: 1) approved the final plats for both Carrollton 4th Addition and Country Hills Sixth 'Addition; 2) held a Public Hearing and approved the Comprehensive Guide Plan Amendment to include the Armory site within the MUSA; 3) encouraged applicant to proceed with next step for development of a cemetery, between Biscayne Avenue and Rosemount Woods, for the Islamic Community; 4) ,authorized contracting OSM Engineering to provide the City with a Transportation Study for the western portion of Rosemount; and 5) accepted the report for the 1992 goal setting session held between City Council and City staff department heads, and approved the goals and strategies outline. Assistant Planner Rick Pearson submitted the O'Leary's Hills Fifth Addition for final plat approval. The 11.9 -acre plat consists of 35 single family lots, situated between Chippendale Avenue and Shannon Parkway, and aligned with 152nd Street West. Metropolitan Council is currently reviewing the Guide Plan Amendment that would allow the sanitary sewer flows for this plat to be diverted to the Empire Waste Water Treatments Plant. The O'Leary's Hills Fifth Addition final plat is consistent with the O'Leary's Hills PUD and preliminary plat and meets the minimum requirements of the Zoning and Subdivision Ordinance.' MOTION by Baago to recommend to City Council approval of the final plat for O'Leary's Hills Fifth Addition subject to: 1) lengineering plans and specifications and grading plan to be approved by the City Engineer; 2) an executed Subdivision Development Agreement; 3) approval by the Metropolitan Council of the Guide Plan Amendment for sewer service diversion to the Empire Waste Water Treatment Plant; 4) rezoning from AG (Agriculture) to R-1 (Single Family Residential); 5) either locating the driveway for Lot 1, Block .l, at the south half of the lot or the construction of a temporary cul-de-sac at the northern terminus of Claret Avenue built to standards as required by the City Engineer; 6) installation of 8 -foot wide bituminous or 5 -foot wide concrete sidewalks, as required by the Parks and Recreation Director; and 7) $16,800 cash park dedication, in lieu of land. Second by Meyer. Ayes: Meyer, Baago, Busho. Nays: 0. Assistant Planner Rick Pearson acknowledged City Attorney Mike Miles who was in attendance at the invitation of the Planning (Commission to address any legal issues surrounding the Shannon Pond development proposal. The Planning Commission tabled action on the preliminary plat and PUD on July 24, 1992 to allow additional time for representatives of Hampton Development Corporation and Rosemount Development Inc. to negotiate a settlement over the 120 -foot strip of property, owned by Rosemount Development !Inc. The subject strip of land is situated in the midst of the proposed Shannon Pond development and is 'the location of a 60 -foot wide easement designated for future storm water utilities. i Rod Crass, Hampton Development legal counsel, and Michael Broback, Rosemount Development Inc. legal council, were present and stated that the two parties have not yet reached agreement in their negotiations for purchase' of the subject property. Mr. Crass requested Planning Commission formal recommendation to City Council regarding the Shannon Pond PUD and preliminary plat subject to resolution of the controversial property. The Planning Commission was in consensus that several "planning review aspects of the Shannon Pond Pud/Preliminary Plat had, not been completed and expressed their belief that it was essential for further Planning Commission review prior to formal recommendation to City Council. City Attorney Mike Miles advised that the Planning Commission evaluate the standards they would like to see met in this development proposal before removing this issue from the Planning Commission table. The Commissioners encouraged the two parties to continue negotiations and to inform City staff of their progress in reaching a compromise. MOTION by Busho to table action regarding the preliminary plat and Planned Unit Development (PUD) for the Shannon Pond Development; and, further, to require additional input from the Parks and Recreation Committee with regard to recommended sidewalk location/placement within the proposed development. Second by Baago. Ayes: Baago, Busho, Meyer. Nays: 0. The Board of Appeals and Adjustments heard testimony at a Public Hearing held on May 12, 1992 on a request from Mr. Rolland Sachs, 3155 145th Street East, to consider a variance to maximum aggregate total square footage for accessory structures on less than 20 acres, located east of Akron Avenue, in the AG Agriculture District,:, and constructed for non-agricultural use. Although the Public Hearing was closed, formal action was tabled and the Board directed Planning staff to further research whether the phrase "maximum aggregate" was intended to be adopted as the ordinance is written. Upon verification by Planning staff of formal action taken by City Council regarding accessory structures, it was affirmed that the ordinance was accurate as written. However, due to the unique circumstances of this request, a willingness to work with Mr. Sachs was expressed by the Commission and Planning staff was directed to research options that would provide a process for provisional approval for the building permit. Director of Planning Lisa Freese advised that a Conditional Use Permit (CUP) and an Interim Use Permit (IUP) both would have significant disadvantages that Planning staff believes would cause unacceptable precedents; even if the Text Amendment for either were confined to east of Akron Avenue. Upon further review of'the circumstances surrounding Mr. Sachs' request, Planning staff feels that a hardship was created by, the University of Minnesota Agricultural Station which caused the groundwater contamination of Mr. Sachs' property. The groundwater contamination was a major factor which led to denial of financing for the proposed structure. The Planning Commission.concurred that there are exceptional and extraordinary circumstances and conditions applicable to''the Sachs property that do not apply generally to other properties in the same district. The Commission also acknowledged that Mr. Sachs followed the requirements of the City in i good faith by platting his property as a necessary preliminary step to obtaining a building permit. Mr. Sachs' permit request met all pre -1989 zoning ordinance requirements for accessory buildings. The issue at the time of the original, request was confined to the platting requirement of the City. MOTION by Busho to approve the variance petition of Rolland Sachs for issuance of a building permit to construct a 2,400 square foot accessory structure, which exceeds the permitted maximum aggregate square footage for accessory buildings for non-agricultural use in the Agriculture District, east of Akron Avenue, on Lot 2, Block, 1, Sachs and Kassube Addition, because it has been demonstrated that extreme and unusual hardship, due to water contamination, was imposed on Mr. Sachs' property by outside influences, which resulted in his inability to act upon the building permit that was approved previous to adoption of the current Zoning Ordinance. Second by Baago. Ayes: Busho, Meyer, Baago. Nays: 0. Director of Planning Lisa Freese discussed a proposed Zoning ordinance Text Amendment which was drafted by Planning staff lin response to the Commission's direction to review the setback requirements in older parts of the City. to addition to the Planning Commission's request, a petition has been submitted from the residents of Jeffrey Plan's neighborhood to amend the Zoning Ordinance to re -institute the setbacks in place prior to the adoption of the new ordinance. Mr. Plan's variance request was previously denied by the Board of Appeals and Adjustments. Director of Planning Freese advised that Planning staff has examined the concept of creating a separate single family district to accommodate those areas. The draft amendment would result in the development of a new zoning district that would have the same setbacks that were in the zoning ordinance prior to 1989. In this new district, side yard setbacks would be five feet for single story structures and ten feet for two-story structures. The Commission examined a proposed Zoning Map which identified the areas of the City that would be affected by the new zoning district. The areas identified are existing neighborhoods generallyplatted prior to 1980. MOTION by Baago to recommend that City Council schedule a Public Hearing for Ordinance B - Zoning Ordinance Amendment No. B-22, a proposed Zoning Ordinance Text Amendment that would address setbacks in R-1 Single Family Residential Districts. Second by Busho. Ayes: Meyer, Baago, Busho. Nays: 0. Fred Hoisington, consultant, was in attendance and discussed with the Commission the first draft of performance standards for the Residential Planned Unit Development (PUD) in the Comprehensive Guide Plan Update. Mr. Hoisington provided details of the proposed performance standards and discussion was held regarding the implications each standard will have on development. MOTION by Meyer to direct Planning staff to proceed with the development of Residential Planned Unit Development (PUD) performance criteria for inclusion in the Comprehensive Guide Plan Update and to provide the Planning Commission of further detailed criteria as they evolve. Second by Baago.. Ayes: Baago, Busho, Meyer. Nays: 0. MOTION by Meyer to adjourn. Second by Busho. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 7:20 p.m. Respectfully submitted, Donna Quintus Recording Secretary