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HomeMy WebLinkAbout10/01/2001_Regular■r CITY OF ROCHESTER COUNCIL AGENDA 01, �� COUNCIL/BOARD CHAMBERS GOVERNMENT CENTER 151 4TH STREET SE MEETING NO. 20 OCTOBER 1, 2001 REGULAR ADJOURNED 7:00 P.M. PAGE 1 A) OPEN COMMENT PERIOD B) CALL TO ORDER C) LETTERS AND PETITIONS 1) D) CONSENT AGENDA/ORGANIZATIONAL BUSINESS 1) Approval of Minutes 3 2) Request To Call Public hearing for Establishment°" �� v 4 3) Renewal of Fire Protection Services Contract With the Federal Medical Center 5-6 4) Revocable Permit - Awning on Front of Kennedy Building at 10 3`d Street SW for Hight & Randall, Ltd 7-8 5) Licenses, Bonds & Miscellaneous Activities 9 6) Transfer of the Off Sale Intoxicating License for Barb's Northbrook - Liquor LLC to DJ's Northbrook Liquor 10 7) Grant Agreement for Airport Maintenance and Operation from Mn/Dot Office of Aeronautics 11 8) Accounts Payable 12 9) Authorize Software License Agreement with Local Government Information Services (LOGIS) 13-14 10) Roadway Name Change: Aspen Lane SW to Aspen Place SW 15 11) Technology Transfer Program Grant 16-20 12) Consideration of Public Utility Board Action 21 13) Owner Contract - Watermain & Hydrant to Serve the Waste Management Facility - Airport Industrial Park (J9844) 22 14) Real Estate - Settlement Agreement for Right of Way Acquisition for the Badger Run Sewer Project - (J9745) 23 15) Owner Contract - Sanitary Sewer & Watermain to Serve the Word of Life Church 24 16) Owner Contract - Basic Construction in Ridgeview Manor (J9685) 25 17) Stormwater Management Agreements 26 18) Proposal for Construction Engineering Services: Construction of West Circle Drive Bike Path (J4941) 27 19) West Circle Drive Bike Path 28 20) Maximum Driveway Width Permit 29 21) Developmental Agreement - Foxridge Townhomes CIC 159 First Supplement 30 22) Traffic Signal Installation Bid Award at Intersection of CSAH 22 & North Frontage Rd TH 14 31 23) Land Acquisition - Viola Road NE 32-33 24) Permit Parking Study Zone 6 34 25) Development Assistance Agreement with DeWitt Construction for the Single Family Home Construction in Rose Harbor Estates 2Id Subdivision 35 26) Amendment to Proposed TIF District #20-1 E) HEARINGS 36-38 1) 2002 Community Development Block Grant Program Requests 39 2) Establish Development District No. 20, and Tax Increment Financing District #20-1 for the Diamond Ridge Single Family Development 40-69 3) General Development Plan #92 known as Manor Woods West 70-93 4) General Development Plan #73 known as Conway-Dashow/Glendale Hills 94-118 5) Preliminary Plat #99-25 to be known as Glendale Hills 4t' 119-154 6) General Development Plan #165 to be known as Main Street Development 155-165 7) Zoning District Amendment #01-09 by R.L. Hexum and Associates to Rezone Land from R-1 and AG Districts to M-1 and R-2 Districts 166-185 8) Preliminary Plat #01-35 by All Pointe Development to be known as South Pointe Eighth 186-196 9) Final Plat #01-36 by Bruce E. Fujan to be known as Robert's Replat 197-205 10) Final Plat #01-41 by Elcor Realty, Inc. to be known as Villas of Badger Ridge CIC #185 206-214 11) Final Plat #01-42 by GAC Theaters, LLC to be known as Chateau Subdivision 215-224 12) Final Plat #01-40 by Whitetail Ridge Partners LLC to be known as Whitetail Ridge Townhomes CIC 177 225-232 13) Vacation Petition #01-10 by Robert and Joan Nowicki to vacate ROW within Northern Hills 2Id Subdivision 233-246 14 Vacation Petition #99-13 by Dan Meyer and Mary Kay Thomas to Vacate Utility Easement on Aspen Lane SW F) REPORTS AND RECOMMENDATIONS G) RESOLUTIONS AND ORDINANCES 247 d� �(w� E,.t -it,c, 6 O,, 13 a 5 D m 6- �. H) TABLEDITEMS OTHER BUSINESS J) ADJOURNMENT REQUEST FOR COUNCIL ACTION MEETING / DATE: 10/1/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. OPEN COMMENT PERIOD CITY ADMINISTRATOR A M DESCRIPTION: OPEN COMMENT PERIOD PREPARED BY: S. KVENVOLD This agenda section is primarily for the purpose of allowing citizens to address the City Council on a topic of their choice. The following guidelines apply: • This section of the agenda may not be used as a forum to continue discussion on an agenda item which has already been held as a public hearing. • This agenda section is limited to 15 minutes and each speaker is limited to 4 minutes. • Any speakers not having the opportunity to be heard will be first to present at the next Council meeting. • Citizens may only use this forum to address the Council on a maximum of one time per month. • Matters currently under negotiation, litigation or related to personnel will not be discussed in this forum. • Questions posed by a speaker will generally be responded to in writing. JNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 10/1/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA CITY ADMINISTRATOR D-1-26 A DESCRIPTION: PREPARED BY: ?ROVAL OF CONSENT AGENDA ITEMS G. Neumann This RCA lists all the items which have been included in the consent agenda for this meeting. The Council can approve all of the items with a single motion to approve. The Council President will allow the Councilmembers an opportunity to state whether there are any of these items which you wish to have removed from the consent agenda approval and to have them discussed and acted upon separately by the Council. The consent agenda for this meeting consists of the following RCAs: D-1. Approval of Minutes D-2 Request to Call Public Hearing for Establishment of an Economic Development Authority D-3 D-4 Renewal of Fire Protection Services Contract With the Federal Medical Center Revocable Permit - Awning on Front of Kennedy Building at 10 P Street SW for Hight & Randall, Ltd. D-5 Licenses, Bonds & Miscellaneous Activities D-6 Transfer of the Off Sale Intoxicating License for Barb's Northbrook Liquor LLC to DJ's Northbrook Liquor D-7 Grant Agreement for Airport Maintenance and Operation from Mn/Dot Office of Aeronautics D-8 Accounts Payable D-9 Authorize Software License Agreement with Local Government Information Services (LOGIS) D-10 Roadway Name Change: Aspen Lane SW to Aspen Place SW D-11 Technology Transfer Program Grant D-12 Consideration of Public Utility Board Action D-13 Owner Contract - Watermain & Hydrant to Serve the Waste Management Facility - Airport Industrial Park (J9844) D-14 Real Estate - Settlement Agreement for Right of Way Acquisition for the Badger Run Sewer Project - J9745 D-15 Owner Contract - Sanitary Sewer & Watermain to Serve the Word of Life Church D-16 Owner Contract - Basic Construction in Ridgeview Manor (J9685) D-17 Stormwater Management Agreements D-18 Proposal for Construction Engineering Services: Construction of West Circle Drive Bike Path (J4941) D-19 West Circle Drive Bike Path D-20 Maximum Driveway Width Permit D-21 Developmental Agreement - Foxridge Townhomes CIC 159 First Supplement D-22 Traffic Signal Installation Bid Award at Intersection of CSAH 22 & North Frontage Rd TH 14 D-23 Land Acquisition - Viola Road NE D-24 Permit Parking Study Zone 6 D-25 Development Assistance Agreement with DeWitz Construction for the Single Family Home Construction in Rose Harbor Estates 2°a Subdivision D-26 Amendment to Proposed TIF District #20-1 REQUEST FOR COUNCIL ACTION MEETING DATE: 10/1/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT CITY ADMINISTRATOR I DESCRIPTION: REQUEST TO CALL PUBLIC HEARING FOR ESTABLISHMENT PREPARED BY: OF AN ECONOMIC DEVELOPMENT AUTHORITY G. NEUMANN The attached memo from Dale Martinson provides information on this matter. In brief form, development and redevelopment activities that are undertaken in communities typically fall under two sets of State authority; one for cities and one for Housing and Redevlopment Authorities. In some cases involving the issuance of bonds or how property can be owned and treated, the HRA authority is broader than the authority under city development authority. It has been that way for many years. A number of years back the legislature provided authority for cities to create an Economic Development Authority under which cities that may not have had a city HRA or may have had a countywide HRA could then exercise and utilize these broader development provisions that have been available to HRA's. When development activities are to be undertaken by the City for a specific project, the City staff checks with legal counsel on development matters to determine the best and most appropriate approach. In a number of instances over the years it has been brought to the staff s attention that the same objectives may have been able to be reached in a more simple fashion under the HRA or EDA statutes. Typically there were alternative approaches under city development authority provisions and we used the authorizations that were available to us and it was not a big problem. Instances can arise, however, such as the example provided in the Finance Director's memo, in which the issuance of bonds for the RPU steam project with Mayo would be significantly better under the EDA statutes. This is the best example to date of why the City Council should go through the procedure to secure EDA authority in addition to the development authority that it already has. This office is recommending that the City Council adopt a resolution to call a public hearing for the establishment of an EDA to be comprised of the Rochester City Council. Under that approach the City Council will still have full control and oversight of any development or redevelopment decisions just as it does now. This broadening of the Council's authority is consistent with the State laws and would provide the Rochester City Council with the same authority that already exists in many cities in Minnesota which either have a City HRA or and EDA. With the recent reductions in the ability of tax increment financing as a development and redevelopment tool, there is an increased need for the City to have the most comprehensive development tools that the State provides authority for to be available to the City of Rochester. Council Action Requested. Adopt Prepared Resolution To Call A Public Hearing For The Establishment Of An EDA Comprised Of The Rochester City Council. N C I L ACTION: Moeon by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 10/1 /01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA City Administration s M DESCRIPTION R enewal of Fire Protection Services contract with the Federal Medical PREPARED BY: Center T. Spaeth Since the time the Federal Medical Center has been operating in Rochester, the City and FMC have entered into an annual contract for fire protection services to be provided by the City of Rochester to the FMC. The annual amount of the fire protection contract is $5000, to be paid to the City by FMC. COUNCIL ACTION REQUESTED: Council authorization for Mayor to execute the renewal of the fire protection services contract on behalf of the City of Rochester with the Federal Medical Center. 1NCIL ACTION: Motion by: Second by to: REQUEST FOR COUNCIL ACTION MEETING DATE: 10/1/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Consent Agenda City Administrator b _ Z1 I DESCRIPTION Revocable Permit -- Awning on front of Kennedy Building located at 10 PREPARED BY: 3rd Street SW for Hight & Randall, Ltd. T. Spaeth The City has received a request from Schad Tracy to install an awning sign that projects over the public sidewalk in front of the Kennedy Building located at 10 3 d Street SW. The Land Development Manual allows for projections over a public sidewalk in the Central Development Core District provided a revocable permit is approved by the City Council. The proposed awning is 5' wide and extends for a length of 20 feet and would be attached to the wall of the Kennedy Building. The bottom of the awning is approximately 9' 3" above the sidewalk. Public works staff has no objection to this request. COUNCIL ACTION REQUESTED Approval of a revocable permit for an awning attached to the store front at 10 3 d Street SW using the standard language and conditions. NCiIL ACTION: Motion by: Second by: to: ■r!| \\�| |. }\// ] . / m ---- —-- § 14 dr- REQUEST FOR COUNCIL ACTION MEETING DATE: 10/1/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA CITY CLERK q DESCRIPTION: LICENSES, BONDS & MISCELLANEOUS ACTIVITIES PREPARED BY: DONNA JSCHOTT The following licenses, bonds and miscellaneous activities are submitted for the Council's approvals or disapprovals. All are pending departmental approvals, the required insurance, bonds, fees and all outstanding debts with the City of Rochester. CIRCUS Rochester Area Shrine Club 2002 2nd St SW Rochester, Mn. 55902 Osman Shrine Circus 11/10/01—11/11/01 Mayo Civic Center 30 Civic Center Dr SE Rochester, Mn. 55904 Mayo Argent Society 200 Is' St SW Rochester, Mn. 55902 Mayo Party Honoring 25year Service of Employees AT Mayo Civic Center 30 Civic Center Dr SE Rochester Mn. 44904 GAMBLING — TEMPORARY Minnesota Sheriffs Association 1210 S Concord St. S St. Paul, Mn. 55075 Raffle 12/4/01 AT Kahler Grand Hotel 20 2nd Ave SW Rochester, Mo. 55902 NCIL ACTION: Motion by: Second by: to: LICENSES, BONDS AND MISCELLANEOUS CITY ACTIVITIES g PAGE OCTOBER 1, 2001 Rocky Mountain Elk Foundation 438 Sandy Lane Red Wing, Mn. 55066 Raffle 2/2/02 AT Radisson Plaza Hotel I50 South Broadway Rochester, Mn. 55904 SIDEWALK — CEMENT Reedy Concrete Construction, Inc. 20253 West Mill Road Galesville, Wi. 54630 SOUND AMPLIFICATION Laurel Winter 2708 57'" St NW Rochester, Mn. 55901 Birthday Party for Son Zach 9/29/O1 6:00 PM to 10:00 PM (Prior Approvals: J Hunziker, M Evans, J McConnell, D Senjem) COUNCIL ACTION REQUESTED A motion to approve the above licenses, bonds and miscellaneous city activities. REQUEST FOR COUNCIL ACTION MEETING DATE: 10/01 /01 AGENDA SECTION: ORIGINATING DEPT: ITE CONSENT AGENDA CITY CLERK ( M DESCRIPTION: LICENSES, BONDS & MISCELLANEOUS ACTIVITIES PR DONNA IS]- The following ADDENDUM licenses, bonds and miscellaneous activities are submitted for the Council's approvals or disapprovals. All are pending departmental approvals, the required insurance, bonds, fees and all outstanding debts with the City of Rochester. GAMBLING — PREMISE PERMIT AFL-CIO Labor Club 11 - 4' St SE ' Rochester, Mn. 55904 MISCELLANEOUS STREET USE Buddhist Support Society, Inc. Kathin Festival 10/14/01 1:00 PM to 3:00 PM John Marshal High School to 503 2nd Ave SW Rochester, Mn. 55901 COUNCIL ACTION REQUESTED A motion to approve the above ADDENDUM licenses and miscellaneous street use permits. i i i COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING C DATE: 10/01/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA CITY CLERK A DESCRIPTION: TRANSFER OF THE OFF SALE INTOXICATING LICENSE FOR BARB'S NORTHBROOK LIQUOR LLC TO DJ'S NORTHBROOK LIQUOR PREPARED BY: DONNA J SCHOTT Application for the transfer of the Off Sale Intoxicating Liquor License for Barb's Northbrook Liquor LLC located at 1635 North Broadway has been received from Ayalew Tefferi. The new corporation name is DYS Northbrook Liquor LLC DBA Northbrook Liquor. The former owner was Barbara Kellner. Mr. Tefferi is requesting the transfer effective immediately. Transfer would be pending required fees, insurance certificates and all departmental approvals. A confidential investigative report has been returned Satisfactorily. COUNCIL ACTION REQUESTED A motion to approve the transfer of the Off Sale Intoxicating Liquor License from Barb's Northbrook Liquor LLC to DYS Northbrook Liquor LLC. INCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING ` DATE: 10/1/01 AGENDASECTION: Consent Agenda ORIGINATING DEPT: City Clerk ITEM NO. q DESCRIPTION: Grant Agreement for Airport Maintenance and Operation from Mn/Dot PREPARED IB Office of Aeronautics Steve Leqve The Rochester Airport Commission recommends and requests Council authorization to: Accept the Grant Agreement for Airport Maintenance and Operation from Mn/Dot Office of Aeronautics. This represents $136,107.00 annually which is about a 9% increase from the previous two-year agreement. The agreement is in effect for State Fiscal Year 2002 and 2003. COUNCIL ACTION REQUESTED Adopt the prepared resolution authorizing the Mayor and City Clerk to execute the Grant Agreement for Maintenance and Operation with the Mn/Dot Office of Aeronautics for the 2002 and 2003 years. 1 NCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 10/1 /01 AGENDA SECTION: Consent Agenda ORIGINATING DEPT: Finance Department ITEM NO. b VI DESCRIPTION: Approval of Accounts Payable PREPARED By: Dale Martinson Respectfully request a motion to approve payment of Accounts Payable (submitted separately) in the amount of $3,568,236.98. Less: Any exceptions INCIL ACTION: motion by: second by: to: /� KhWUhbl FOR COUNCIL ACTION MEETING DATE: 10/1/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Consent Agenda/Organizational Business Finance Department M DESCRIPTION: Authorize Software License Agreement with Local Government PREPARED BY: Information Services (LOGIS) Dale Martinson This is a request to enter into a license agreement for the purchase of software objects from Local Government Information Services (LOGIS). The objects are needed to interface our new payroll system with the Public Employee Retirement Association (PERA) for the electronic transmission of City payroll data. The cost of the software objects is $20,000, with 10% paid upon receipt of objects and the remaining balance paid upon completion of testing and acceptance. Funding would come from the Enterprise System Software project, J# 1971. Background As City staff continues implementation of the new enterprise systems software from JD Edwards (JDE), there are a number of interfaces that have needed to be addressed. Most of them have been developed either by our technical staff, or in concert with the development team of the consultants contracted to assist us with the implementation of the JDE software. The electronic transmission of our payroll data is a fairly complex interface, however. As we attempted to find the best solution, we learned of the efforts LOGIS had just completed in this area. LOGIS is a governmental association of approximately 23 Minnesota metro area suburban cities that provides information systems services to its member cities. This group began implementing JD Edwards software about a year before we did. They contracted with a private developer to build their PERA objects at a cost of just under $80,000. Since LOGIS cities and us are all required to report the same data in the same formats to PERA and since their objects would port to our JDE system, we approached them about purchasing a copy from them. They are willing to sell the objects to us and would allow us to edit whatever we wish or need to with these objects in the future as long as we do not resell them to third parties. This is a significant savings to us and helps LOGIS offset some of the cost they incurred on the project. The contract has been reviewed and approved by the City Attorney's office. Recommended Action: Authorize Mayor and City Clerk to execute software license agreement with LOGIS in the amount of $20,000 for the purchase of PERA software objects to interface with JD Edwards payroll software. JNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING 13 DATE: 10-01-01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO, CONSENT AGENDA PLANNING J' _ �G =M DESCRIPTION: Roadway name change: Aspen Lane S.W. to Aspen Place S.W. PREPARED BY: Janice K. Chezick GIs Supervisor The plat for The Aspens contain a roadway designated as Aspen Lane S.W. The plat for Eagle Ridge Fourth was approved with the condition that the segment of roadway, located within The Aspens, that runs westerly from its intersection with Highland Court S.W., identified as Aspen Lane S.W., be renamed to Aspen Place S.W. This roadway name change is necessary because the new roadway configuration is not appropriate for the roadway type "Lane". The E911 AddressinglGIS Staff of the Rochester -Olmsted Planning Department would recommend that this segment of Aspen Lane S.W. be changed to Aspen Place S.W. There are seven lots that abut this segment of Aspen Lane S.W.; Lot 1, Block 1, Lots 1, 2, 3, 4, 5, Block 2 and Outlots A and B located within The Aspens. All lots abutting this segment of roadway and addressed as Aspen Lane S.W. will need to be re -addressed as Aspen Place S.W. A new roadway sign of Aspen Place S.W. will need to be installed at the intersection where this segment of roadway intersects with Aspen Lane S.W. and Highland Court S.W. Rochester Code of Ordinances, Chapter 31.32, covers recommendations for roadway identification changes. Rochester Code of Ordinances, Chapter 75.01, covers roadway name changes. COUNCIL ACTION REQUESTED: 1. Adopt an Ordinance to change the roadway designation for that segment of Aspen Lane S.W., located within The Aspens and described as follows: That segment of Aspen Lane S.W. running westerly from its intersection with Highland Court S.W. to the western border of The Aspens. 2. Direct the City Clerk to file a certified copy of the Ordinance with County Recorder. Attachments: 1. Copy of plat that identifies location of roadway is attached. (The Aspens) Distribution: 1. City Administrator 2. City Clerk 3. City Attorney JNCIL ACTION: Motion by: Second by: to: i4 o .A end W gppsy r a`F$�?n v A 3g.4R3 -ie Z�(SiYYS 1 �`�tj• C::i I•. ^ A � i II f�p�d r// h �'•R p�.` �•s j j gs7Auw, tw I ME It O LL Pt IV n� 9 a £ 8 a h+sawzsvv i MhWl��Rj]'Yr - +u REQUEST FOR COUNCIL ACTION MEETING /5 DATE: Oct. 1, 2001 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Consent Agenda Police �) _' M DESCRIPTION: Technology Transfer Program Grant PREPARED BY: Roger Peterson The Police Department seeks approval to apply for and accept equipment and training for counterdrug deployments and operations from the Office of National Drug Control Policy Counterdrug Technology Assessment Center (ONDCP/CTAC). In 1998, Congress enacted the Technology Transfer Program for state and local law enforcement. This program provides, at no cost to agencies, equipment and training for counter drug deployments and operations. All equipment is permanently transferred to each recipient agency and becomes the property of that organization. The Police Department would like to apply for equipment items that are offered through the program. The equipment is not currently available to the police department and would assist the police department in the investigation of narcotics crimes. The Police Department would also like to apply for and accept the training offered by the ONDCP/CTAC on the use of the equipment. The ONDCP/CTAC will provide airfare, meals, and lodging. The only cost incurred by the Police Department is future maintenance of the equipment items. A local match is not required for this grant. COUNCIL ACTION REQUESTED: Approval to apply for and accept equipment and training from the Office of National Drug Control Policy Counterdrug Technology Assessment Center. COUNCIL ACTION: Motion by: Second by: to: /6 Meeting REQUEST FOR COUNCIL ACTION Date. 10101/01 AGENDA SECTION ORIGINATING DEPT: ITEM NO, Rochester Public Utilities Consent Agenda - 17 CM DESCRIPTION: PREPARED BY: Consideration of Public Utility Board Action Kathy Wilson The Rochester Public Utility Board has approved the following on September 25, 2001 and requests the Common Council's favorable consideration: to approve a resolution to approve a purchase order agreement with Border States Electric Supply for transmission conductor. The amount of the purchase order agreement to be $171,090.56 and Border States Electric Supply being lowest responsible bidder. to approve a resolution to approve a purchase order agreement with D.J. Graham Construction Company for renovation of the reinforced concrete water tower located at 904 4`s Street SW. The amount of the agreement to be $137,400.00 and D.J. Graham Construction being the low and only bidder. to approve a resolution to approve a contract agreement with Franklin Heating Station and that the Common Council authorize the Mayor and the City Clerk to execute the agreement for steam sales. A twenty-year agreement to become effective October 1, 2002, with variable volumes and pricing established by contract terms. to approve a resolution to approve a service agreement with Enviro-Logic, Inc., and that the Common Council authorize the Mayor and the City Clerk to execute the agreement for ash disposal services. The amount of the agreement not to exceed $21 per ton for the removal of ash. GENERAL MANAGER: t7L .'v,i J COUNCIL ACTION: Motion by:lllll Second by: to: /7 ' FOR BOARD ACTION Agenda Item# 4. a. Meeting Date: 9/25/01 SUBJECT: CONSIDERATION OF BIDS Q1/Q2 TRANSMISSION CONDUCTOR PREPARED BY: Steven J. Cook Senior Electrical Engineer ITEM DESCRIPTION: On September 13, 2001, 10 combinations of vendors and manufacturers submitted responsible bids to supply some or all types of specified transmission conductor. Award to the lowest responsible bidder is recommended for all items to be purchased. Item 4 is not being purchased at this time because of engineering's judgment that the larger ampacity of Item 3 will result in greater system flexibility, reliability, and lower distribution losses. Metal escalation is allowed. Specifications allow for manufacturing tolerances of +/-10% on lengths for other items. Billed cost will be based on actual lengths. Bid amounts do not include sales tax. BID SUMMARY Item Bidder Bid Amount 1, 2, 3 Border States Electric $171,090.56 UTILITY BOARD ACTION REQUESTED: 1. It is recommended that the Board reject all bids for item 4. 2. It is recommended that the Board approve a purchase order agreement with Border States Electric as lowest responsible bidder for items 1, 2, and 3. q d! 1 ate /8 - REVISED - FOR BOARD ACTION Agenda Item # 4. b . Meeting Date SUBJECT: St. Mary Concrete Water Tower Restoration/Repair PREPARED BY: Doug Rovang Q*N Senior Civil Engineer ITEM DESCRIPTION: 9/25/01 The St. Marys concrete water tower was built in 1924 and is located in a designated historic district. The tower itself has not been used for water storage for many years. Even though the tower is not used for storage, a booster station serving the Baihly high level area (which includes St. Marys Hospital) is located in the base of the tower. The tower also currently generates approximately $66,000 per year in revenues for the Water Utility from wireless communication equipment space rental fees. In the fall of 1998, repairs were made to the roof portion of the tower. The roof parapet wall was replaced, the concrete roof was repaired, and a second railing was placed on the roof to permit the installation of additional wireless communications antennas. Additional repairs to the rest of the tower are needed (generally tower exterior repairs) in order to maintain the structural integrity of the tower, improve its aesthetics and keep it as a viable structure. Few contractors do this type of repair work. The last time a significant repair package was bid for this tower (approximately six years ago), we received only one bid (from Global Specialty Contractors, Eagan, Minnesota). It was substantially over budget and the Board rejected the bid. The specifications for that project have been updated and revised to reflect the change in scope of the project and to provide additional clarity as to the repair work required, and the proposed project has been advertised for bids. One bid has been received for the proposed project, and was opened on September 24, 2001. D.J. Graham Construction Co., New Richmond, Wisconsin, submitted appropriate bid security, and a bid in the amount of $139,900.00 for the Base Bid Project. The bidder also offered a deduct of $2,500 for accomplishing the project using an alternate repair system. (Global Specialty Contractors was furnished a copy of the project specifications, and chose not to submit a bid.) This project is included in the 2001 Water Utility Budget at an amount of $170,000. UTILITY BOARD ACTION REQUESTED: Staff considers the bid to be appropriate and recommends the Utility Board accept the bid and the deduct, and request the City Council to approve a purchase order agreement with D.J. Graham Construction Co. in the amount of $137,400 for renovation of the St. Marys Concrete Water Tower. R' tweci Q-25-ot WY\gr to: .. 9-aS-or Date ROCHESTER PUBLIC UTILITIES /9/ Agenda Item # 5 SUBJECT: FOR BOARD ACTION STEAM SALE AGREEMENT Meeting Cate: PREPARED BY: Walt Lorber, Director of Operations ITEM DESCRIPTION: 9/25/01 The attached agreement establishes the terms for the sale of high-pressure steam from Silver Lake Plant to Franklin Heating Station (the Mayo Foundation). The staffs and legal counsels of both parties have reviewed the agreement. While the agreement identifies the pricing components and algorithms, the initial pricing information will not be inserted until October 1, 2002, when the agreement becomes effective because the applicable capital and operating expense data will not be available until then. Principal terms of the agreement are: • Base sale of 50,000 lbs/hr year round. • Provisions to increase base or sell incremental steam up to 150,000 lbs/hr. • 20-year term. • Stranded cost recovery available to either party for terminations in first ten years. • Rates to be adjusted annually. SLP has a steam capacity of 950,000 lbs/hr and can supply 50,000 Ibs/hr without derating the electrical capability. If Franklin Heating elects to increase their firm purchase to 100,0001bs/hr or more, there will be some derate of the electrical capacity. The annual gross revenues for 50,0000 lbs/hr will be approximately $3,000,000. UTILITY BOARD ACTION REQUESTED: It is recommended that the Board request the Common Council to approve a steam sales agreement with Franklin Heating Station for the sale of high-pressure steam from Silver Lake Plant. Date FOR BOARD ACTION Agenda Item # 6 Meeting Date: 9/25/01 SUBJECT: Ash disposal services PREPARED BY: Joe Hensel, Manager, Environment & Facilities ITEM DESCRIPTION: The Silver Lake Plant produces about 10,000 to 15,000 tons of fly and bottom ash per year. Over the past few years, ash has been disposed of by landfilling at the Olmsted County Kalmar monofill or beneficially used as an ingredient in cement manufacturing. Due to the chemical composition of the ash (primarily the high carbon content) the ash does not meet ASTM standards as a high-grade marketable ash. As a result the cement plants charge a fee to take our ash. During the last four years ash disposal services were provided by Enviro-Logic Inc. Services provided by the vendor include arranging transportation, scheduling load pick up at the SLP and load delivery at the cement plants. Being there is a substantial cost savings in ash utilization at the cement plants as compared to landfilling (about a 33% savings in drop charges alone), we have encouraged the vendor to take as much ash as the cement plants can handle. Enviro-Logic has performed well in that regard. With review from the City Attomey's office, we have drafted an agreement for ash disposal services based on unit pricing. The term of the contract is three years, with a 90-day termination provision available to either party. A copy of the service agreement is attached. UTILITY BOARD ACTION REQUESTED: Management recommends that the Board approve a resolution requesting the Common Council to approve a service agreement with Enviro-Logic Inc. to provide ash disposal services. The unit price defined in the agreement shall be $21/ton. Revceulea loy W11� 9-2k—o1 �a _ 9 A/k neral Manager Date REQUEST FOR COUNCIL ACTION MEETING �/ DATE: 10/1 /01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works M DESCRIPTION: Owner Contract — Watermain & Hydrant to Serve the Waste PREPARED BY:S1 Management Facility - Airport Industrial Park (J9844) M. Baker � Staff would offer the following Owner Contract project for consideration by the Council: Waste Management of Minnesota, Inc. (Owner) & Bob Braaten Construction (Contractor) are requesting a City / Owner Contract J9844 consisting of "Watermain & Hydrant to Serve the Waste Management Facility (Airport Industrial Park)". as >- i$ G U @ E e cV COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute the City / Owner Contract for J9844 "Watermain & Hydrant to Serve the Waste Management Facility (Airport Industrial Park)". 1NCIL ACTION: Motion by: Second by to: REQUEST FOR COUNCIL ACTION MEETING oa4Z DATE: e491&4 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works T J _ J y M DESCRIPTION: Real Estate — Settlement Agreement for Right of Way Acquisition pp PARED BY: for the Badger Run Sewer Project — J9745 f M. Nigbur As part of the City's project to extend the sewer to serve portions of Marion Township easements were identified for acquisition. City staff pursued acquisition of the needed property using the state acquisition requirements. Based on the continued negotiations between the City and the Owner a preliminary settlement has been reached. The terms of the settlement include payment of $2,000 per average size acquisition and $2,500 for larger acquisitions. By settling the acquisition with the Owners the City has avoided the cost of condemning these properties. The following property Owners have agreed to provide the easement in exchange for payment: Mr. & Mrs. Keeler, and Mr. and Mrs. Broehl COUNCIL ACTION REQUESTED: Authorize the payment for the needed easements for the above referenced property owners. JNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING Cx,� DATE: 10/1 /01 AGENDA SECTION: ORIGINATING KEPT: CONSENT AGENDA Public Works M DESCRIPTION: Owner Contract — Sanitary Sewer & Watermain to Serve the Wordof ;;i Life Church (J9781) Staff would offer the following Owner Contract project for consideration by the Council: Sidney Frye (Owner) & Michael Hinrichs dba Mick's Backhoe & Blacktop Service (Contractor) are requesting a City / Owner Contract J9781 consisting of "Sanitary Sewer & Watermain to Serve the Word of Life Church". .w«ea w ufe c {51dneY Frye QxM } N (i�y,b.I'natiAMcrcA.(9-7$ 26th St NW COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute the City / Owner Contract for J9781 "Sanitary Sewer & Watermain to Serve the Word of Life Church". JNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: alq 10/1 /01 AGENDA SECTION: ORIGINATING DEPT: ITFM NO. CONSENT AGENDA Public Works N DESCRIPTION: Owner Contract — Basic Construction in Ridgeview Manor (J9685) P EPARED BY: (� M. Baker 1�'/ Staff would offer the following Owner Contract project for consideration by the Council: BBB Development, LLC. (Owner) & Elcor Construction (Contractor) are requesting a City / Owner Contract J9685 consisting of "Basic Construction in Ridgeview Manor'. `x. RldgeviewiManor. Ci -Owner Contract J9685 WeatherstonJDev E COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute the City / Owner Contract for J9685 "Basic Construction in Ridgeview Manor" 1NCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING 1 2t DATE: 10/1 /01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works A DESCRIPTION: STORMWATER MANAGEMENT AGREEMENTS PREPARED BY: M. Baker^--A,� The Department of Public Works has received a request on two (2) properties, to voluntarily participate in the City's Regional Storm Water Management Plan (SWMP). This department has reviewed the information for these properties and has determined that there is support for participation. The Owners of the following properties have requested voluntary participation in the City's Plan, with the applicable participation fees as follows: • Rochester Township (Township Garage) (Lot 1, Block 1, Stanton's 2nd Subd) $6,073.66 • CIVIC Community Hospital (west parking expansion) (SDP#01-63) $1,355.36 The Owners of these properties have already provided payment for its respective charges. These funds will be deposited upon acceptance by the Council for the property to participate in the City's Plan. COUNCIL ACTION REQUESTED: Adopt a Resolution accepting voluntary participation by the above noted property, in the City's Regional Storm Water Management Plan. 1NCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: CQ4 10/1 /01 AGENDA SECTION: CONSENTAGENDA ORIGINATING DEPT: Public Works ITEM NO. M DESCRIPTION: Proposal for Construction Engineering Services: Construction of PRFPARED BY: West Circle Drive Bike Path J-4941. Irk D. Nelson V This is a proposal from Bonestroo, Rosene, Anderlik, and Associates to provide Construction Engineering Services for the following improvement project: Project No. 7503-20-00, J4941 "Construct West Circle Drive Bike Path" Bonestroo & Associates is recommended for this work since they provided design -engineering services for the project. Therefore, Bonestroo & Associates is very familiar with the West Circle Drive area, the plans and specifications, and is capable of providing the desired level of Construction Engineering Services for this Federally funded project. The negotiated Construction Engineering Services fee for this project is as follow: Actual Cost not to exceed $25,632.00 This is 9.17% of the Contract amount which is in the normal range for Construction Management of a Federally funded project. COUNCIL ACTION REQUESTED: Adopt a resolution authorizing the execution of Construction Engineering Service Agreement with Bonestroo, Rosene, Anderlik & Associates for the actual cost not to exceed $25,632.00. UNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA PUBLIC WORKS -L I DESCRIPTION: AWARD OF CONTRACT: (J4941) PREPARED BY: West Circle Drive Bike Path 4 D. Nelson Bids were received and opened after 11:00 a.m., September 12, 2001 for the following local improvement project: Project Number 7503-20-00 (J4941) S.P. 159-020-05 FED. PROJ. NO. TEAX 5501(208) Project Name West Circle Drive Bike Path The following bids were received: Total Bid 1. Road Constructors $ 279,463.40 2. Elcor Construction $ 285,534.00 3. Rochester Sand & Gravel $ 361,2%54 Engineers Estimate $ 289,609.00 Project Background The existing County road, CSAH 22, from 2nd St SW south to CSAH 8, was constructed without pedestrian facilities. A bituminous path along the east side of the road will allow connection to other City trail facilities. $350.000 in Federal Enhancement funds are available to fund 80% of the construction costs for this project. This project is included in the City's 2001 Capital Improvement Program (item #9, page 40). The Project Memorandum, Plans and Specifications have been prepared and subsequently approved by Minnesota Department of Transportation. Project Location Proiect Recommendation: The Public Works Department recommends the City Council proceed with an award to the low bidder. COUNCIL ACTION REQUESTED: Adopted a resolution awarding the contract, " West Circle Drive Bike Path " (J4941) to Road Constructors Inc. JNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING O�g � DATE: 10/01 /01 AGFNDA SECTION: ORIGINATING ❑EPT- ITEM NO, Consent Agenda Public Works —; IMIDESCRIPTION: Maximum Driveway Width Permit. PRjEPARED BY: V M. Nigbur wA Mr. Jack Prow has discussed with Public Works various options for the access to serve the property he owns located at the Southeast quadrant of the intersection of Civic Center Drive and 111h Avenue NW. As part of the discussions the Owner has agreed to reduce the access points currently located on the property and relocate the new access to directly line up across from 4'/z Street NW (lying South of Block Buster Video). As part of this realignment the needs to serve this property will require one inbound lane and two out bound lanes of traffic. However, pursuant to City Ordinance 71.07, the maximum width of a driveway can only be 32.00 feet wide. The Public Works Director recommends the City Council grant a permit for the modified driveway at a width not to exceed 36.00 feet. This width would safely accommodate the traffic within the development and safely accommodate entrance and egress of large vehicles and/or heavy volume of traffic. j 1 E f Civic Center Drive J .. 3ST NN , w W2 COUNCIL ACTION REQUESTED: Adopt a resolution authorizing the issuance of the driveway permit to Jack Prow with a total driveway width of 36.00 feet using City of Rochester standard design parameters. This driveway is to be located directly across from 4 Yz Street NW on the East side of 111h Avenue NW. Construction shall be approved through the issuance of a driveway permit from the Public Works Department. NCIL ACTION: motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE a� - 10/01 /01 AGENDA SECTION: ORIGINATING OEPT- ITEM NO, CONSENT AGENDA Public Works — I DESCRIPTION: Development Agreement — Foxridge Townhomes CIC 159 First PREPARED BY: Supplemental M. Nigbur The Owner of land, which is a continuation of a development known as Foxridge Townhomes, located North of Meadow Lakes Golf Course, and City Staff have had discussions relating to impacts of the project on the surrounding infrastructure. Based on the discussions, the content for a development agreement has been decided and a document has been created. The major items covered in the agreement include the following: • Pedestrian facilities within and abutting the development. • Dedication of right of way. • Private Lift Station Removal • Owners payment of the assessments, development/connection related charges including SAC, WAC, Storm Water Management, and Area Street Improvements. Staff recommends the Council approve the Development Agreement. The Owner has executed the agreement. z o &1 o o , 4Pq > z z m PO. .! LLl i 40 AVE LN NN 1pz > �O�c�4�- OR WWNORBROOgRNW �ORp �.. 3 7 z 3. 4 ST NW '- -- �•- Y - Z ? v.." 3STNW po ZPL'NW L L� 4j Pro'ec __VANORWC, os NEAt4NLAKES og-NW a- COUNCIL ACTION REQUESTED: Authorize the Mayor and City Clerk to execute the Development Agreement for Fox Ridge Townhomes CIC 159 First Supplemental with Carriage Homes XVII, Inc. UNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING o� DATE: 10-1-01 AGENDA SECTION, ORIGINATING ❑EPT, ITEM NO. CONSENT AGENDA Public Works - I DESCRIPTION: Traffic Signal Installation Bid Award at Intersection of CSAH PREPARED BY: 22 & North Frontage Rd TH 14 YL-D. Rossma I Bids were received on Wednesday September 26, 2001 for Project No. 9753 (J6381) MSA 159-104-14, SAP 55-622-38 Traffic Signal at Intersection of CSAH 22 & North Frontage Rd TH 14. The bids received were: Vendor Bid Amount Winkels Electric Inc $ 128,594. Nietz Electric Inc. $ 126,000 Engineers Estimate $ 132,100 This signal project is included in the 2001-2006 Capital Improvement Program budget (item 14, page 40). The project will be funded with 50% Municipal State Aid funds and 50% County State Aid Funds. Staff recommends proceeding with the bid of Nietz Electric, Inc. The bid has been reviewed with the County Engineer, and he concurs with this recommendation. The anticipated completion date is 30 working days, which places the turn -on date near December 1, 2001. "1 111VVV � f \ I 1 .m I Traffic -' SignalAr 44 wt - r rl w :o , w _ �• it r- � �_ r � t � - ._ � ;;-,.- '" - I t I r COUNCIL ACTION REQUESTED: Adopt the prepared resolution awarding the contract to Nietz Electric, Inc. 30 71h Avenue NE P.O. Box 1148 Rochester Mn 55903-1148, and authorize The Mayor and City Clerk to sign the contract. 1NCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: JJ 1nnro1 AGFNDA SECTION: ORIGINATING OEPT, ITEM NO. REPORTS and RECOMMENDATIONS Public Works DESCRIPTION: Land NE PREPARED BY: M. Nigbur The City is proposing to construct a pedestrian facility along Viola Road NE. This facility will extend Easterly from 15t" Avenue NE to a location across from Park Wood Hills. Staff would request authorization to retain consultants for the real estate acquisition process. Staff also requests the authorization to negotiate and settle with the land owners for the needed land rights for a value not to exceed 15% of the appraised value. If negotiations do not progress Staff would also request authorization, at the direction of the City Administrator, to begin the 90 Day Quick Take eminent domain process. This process may be needed to maintain the project schedule. Staff will continue to negotiate towards a settlement during the condemnation process. _.. 195TNE 19 VNE, � } a w z , K.._ y,011 CI IVVIEW t Bike Path y r , . COUNCIL ACTION REQUESTED: Adoption of a resolution authorizing the staff to retain consultants, negotiate/acquire the needed real estate at a value not to exceed 15% appraised value, and authorize the use of the 90 day "Quick Take" for land acquisition associated with the Viola Road Trail project. UNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING 3p;Z 11 DATE: 10-1-01 AGENDA SECTION: __JORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works DESCRIPTION: Permit Parking Study Zone 6 PREPARED BY: bfL_D. Rossman The City Police have recommended that several blocks of parking control be converted from the 1 hour No Parkine from 9:00am to 10:00am to the Residential Permit Parking System. The reason being is that Police Staff is unable to patrol the area with the 1-hour restriction. The area is shown on the attached map. The study area is adjacent to Zone 6 Edison Neighborhood where Permit Parking has already been established on seven blocks. Staff recommends that the study area be added to Zone 6. A postal survey has been completed with the following results; Block street/row width # Yes #No # of owners % in favor Notes 8'h Avenue SW / 400 block 24/75 3 1 6 50 % (1) 10'h Avenue SW / 600 block 27/75 3 0 4 75 % loth Avenue SW / 700 block 27/75 2 0 7 29 % 7'h Street SW / 900 block 26/75 1 0 4 25 % (1) 8`h Street SW / 900 block 30.5/75 2 0 6 33 % The survey results have been reviewed as to meeting the requirements of R.C.O. #138 and staff finds that since very few objected, the conditions are met. The streets requested are impacted heavily by all day parking Monday thru Friday from a source outside the neighborhood. There are two "No Parking At All Times" Restriction inplace on one side due to width. This is to remain. Staff would recommend in favor of the request and would request a Public Hearing to be scheduled for November 5'h, 2001. COUNCIL ACTION REQUESTED: Adopt the prepared resolution calling for a public hearing on November 5'h, 2001. to consider establishing Residential Permit Parking Zone #6 (Edison Neighborhood) on The following streets: 8`h Avenue SW / 400 block 10'h Avenue SW / 600 block 10'h Avenue SW / 700 block 71h Street SW / 900 block 81h Street SW / 900 block JNCIL ACTION: Motion by: second by: to: N M M53Atlfi N O m to LO m C m � r � r y co QIw N N O H M CO n N o m CD nN n MS 3AV 0 t - to Cl) M u4 LO m o n rN- ~ r U r ;O •_ __.0 a r r CN..___ ... NW r O' r co CL � co 1 W�- _. _ y r r J r m o r F REQUEST FOR COUNCIL ACTION MEETING 34, , DATE: 1 C Reports & Recommendations: ORIGINATING DEPT: CITY ADMINISTRATOR DESCRIPTION: Development Assistance Agreement with DeWitz Construction for the single family home construction in Rose Harbor Estates 2nd Subdivision PREPARED BY: T.SPAETH A Development Assistance Agreement between the City of Rochester and DeWitz Construction has been prepared for the construction of owner occupied single family dwellings on 21 lots located in Rose Harbor Estates 2ndubdivision. The Council previously approved establishment of a tax increment financing district in this subdivision. The major points within the Development Agreement are as follows: Responsibilities of the Builder: The builder is responsible for the construction of 21 single family owner occupied homes on the 21lots within the TIF district. The homes must be sold to an eligible homebuyer that meets both the "First Homes" eligibility requirements, along with the City's income eligibility requirements to ensure that the TIF district remains a "qualified" housing district. City's Responsibility: The Council has agreed to provide a total of $210,000 in assistance. The assistance is to be provided "up front", and by that I mean that the City will pay DeWitz Construction $ 10,000 / lot (total $210,000) at the time that DeWitt Construction sells the completed home to an eligible homebuyer. COUNCIL ACTION REQUESTED: Council authorization for the execution of a Development Agreement with DeWitz Construction, Inc. by the Mayor & City Clerk for the Rose Harbor Estates 2"d Tax Increment Financing project NOTE TO COUNCIL: A copy ofthe Development Assistance Agreement has been sent separately to the Council. NCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING 35- DATE: 10/1 /01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. REPORTS & RECOMMENDATIONS CITY ADMINISTRATOR ., ) DESCRIPTION: Amendment to proposed TIF District # 20-1 PREPARED BY: T.SPAETH As some of the Council members may be aware, there have been complaints received about stormwater runoff on the lots located at the bottom of the hill in the Rose Harbor area. The Olmsted County Board of Commissioners recently expressed this concern to City Administration staff. Public works staff is aware of the situation, and the plans are for future construction of a stormwater detention facility to be located on the south side of 15�' Street SE upon property that the City already owns. In order to facilitate the construction of these facilities in a more timely fashion, the staff has suggested that the tax increment plan # 20-1 be amended to include TIF funds to be used for the necessary stormwater public improvements needed to alleviate the existing concerns and also to facilitate further development in this area. Public works staff has estimated that the necessary stormwater improvements will cost approximately $300,000. Staff suggests amending the TIF Plan budget in said amount. We will need to notify the Olmsted County Board and the School District and the Council will need to hold a public hearing on the proposed amendment to the TIF Plan. . COUNCIL ACTION REQUESTED: Motion to initiate a public hearing to be scheduled for November 5, 2001 on an amendment to Tax Increment Financing plan # 20-1. NCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 10/01 /01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA PUBLIC WORKS J - -) 7 DESCRIPTION: AWARD OF CONTRACT: (J9753) PREPARED BY: Sanitary Sewer Extension from Greystone, westerly to the Hart Farm R. Kelm .� Property to serve undeveloped land along 18th Ave SW K Bids were received and opened after 11:00 a.m., September 28, 2001 for the following local improvement project: Project Number & Name M1-08, (J9753) Sanitary Sewer Extension from Greystone, westerly to the Hart Farm Property to serve undeveloped land along 18th Ave SW Project Background The benefiting property owners petitioned for this project on October 4, 1999. The original feasibility report for the project indicated a project cost of 292,207.50 to be paid from connection and availability fees. On September 17, 2001 the original project bids were reported by Public Works to the City Council with a recommendation to be rejected, due to high costs, and conduct a new bid opening utilizing a new alignment for the sanitary sewer on September 28, 2001. The following bids were received: Total Bid 1. Elcor Construction $ 379,744.05 2, A-1 Excavators $ 388,765.00 3. S J Lewis $ 452,164.00 4. Road Constructors $ 535,123.67 Engineers Estimate $ 353,953.00 Project Recommendation: The Public Works Department recommends the City Council proceed with an award to the low bidder for. Project Location i 1-7 -ZZZ_.'., COUNCIL ACTION REQUESTED: Adopted a resolution awarding the contract, " Sanitary Sewer Extension from Greystone, westerly to the Hart Farm Property to serve undeveloped land along 18th Ave SW " (J9753) to Elcor Construction. COUNCIL ACTION: Motion by: Second by: to: IA r•r111r[�T rfln 1�111111I"111 RnTt/1R1 ..�.�.. �i. A� Mayor Chuck Canfield �f :. 201 4th Street SE -Room 281 ALL-AHEIUCA Cm Rochester, MN 55904-3782 r�m Phone: (507) 285-8080 Fax: (507) 287-7979 i! ' � r b - R,$a ALCUS(• S� c$4 CITs OF ROCHESTER. VOLUNTEER. APPLICATION NAN! F. : Jeff Mundt ADDRESS: 615 SW 20th Avenue - Rochester, MN 55902 SOME: at15.288-6464 HOME ..282-3_2 DO YOU RES:DE VITHIN ROCHESTER CITY LIMITS? YES X 140 PLACE OF EMPLOYMENT: Ya99y Colby Associates I %H SEEKING VOLUNTARY SERVICE ON Rochester Zoning Board of Appeals BECAUSE: of my -professional interest,Ltcainina,_and- provide service to the C" tv of Rochester on a voluntary -PLEASE ?RO`iIDS BACKGRO(i:�lD 21FOP ATION (EDUCATION, S?OCIAL INTERESTS, ACHIEVEMENTS, PREVIOUS EMPLOYMENT, COMMUNITY INVOLVEMENT) Attach additional information, if desired. see attached resume _ DATE SUBMITTED: /rA/twl SIGNED: Return to: Office of t/h Aayor 201 4th Street SE Rochester, MN 55904-3782 DAa OF'P.??OT-STMLNT: '- - - RESUME JEFFREY R. MUNDT, AICP EXPERIENCE Senior Associate, Department Head of Planning, Business Development Director, Yaggy Colby Associates, 1999 to present Associate, Department Head of Planning, Yaggy Colby Associates, 1998 to 1999 Community Development Specialist, Yaggy Colby Associates, 1995 to 1997 Director of Economic Development, Iowa Northland Regional Council of Governments, 1992 to 1994 Zoning Administrator, Jasper County Physical Planning, 1992 Executive Director, Jasper County Economic Development Corporation, 1991 to 1992 EDUCATION Master of Arts, Community and Regional Planning Iowa State University, Ames, Iowa, 1991 Bachelor of Arts, Political Science, Anthropology and Religion Luther College, Decorah, Iowa, 1987 CERTIFICATION American Institute of Certified Planners PROFESSIONAL AFFILIATIONS American Institute of Certified Planners American Planning Association Iowa Planning Association Minnesota Planning Association CIVIC ACTIVITIES Rochester Sandblast, Co -Chair Zumbro Lutheran Church Architecture Committee page 1 of 2 RESUME JEFFREY R. MUNDT, AICP REPRESENTATIVE PROJECT EXPERIENCE • Comprehensive Plan, Winnesheik County, IA. Project Manager, facilitation, plan production, Winnesheik County, IA, 2001- 2002. • Comprehensive Plan, Allamakee County, IA. ProjectManager, facilitation, planproduction, Allamakee County, IA, 2001. • Zoning and Subdivision Ordinance Update, Allamakee County, IA, 2001. • City of Clarion Economic Development Planning, Clarion, IA. Project Manager, ongoing development assistance, 1995-98. • Water Rate Study, Osage, IA. Project Manager, analysis development of utility ordinance, City of Osage, 1999. • Water Rate Studv, Clarion, IA. Project Manager, analysis development of utility ordinance, City of Clarion, 1999. • Comprehensive Plan, Austin, MN. Project • Water Rate Study, Manly, IA. Project Manager, facilitation, plan production, City Manager, analysis development of utility of Austin, 1998. ordinance, City of Manly, 1999. • Zoning and Subdivision Ordinance Update, Austin, MN, 2001. • Land Development Plan, Cedar Falls, IA. ProjectManager, City ofCedarFalls, 1998-99. • Recreation and Maintenance Study, Cedar Falls, IA. Project Manager, land use planning, City of Cedar Falls, 1998-99. • Annexation Analysis, Storm Lake, IA. Project Manager, data collection and analysis, plan preparation, and recommendation, City of Storm Lake, 1998-ongoing. • Annexation Study, Dubuque, IA. Project Manager, analysis and plan preparation, City of Dubuque, 1997. • Urban Renewal District and Tax Increment Finance Project, City of Clarion, IA, 1997. • Urban Renewal District and Tax Increment Finance Project, City of Osage, IA, 1996-97. • 70th & Douglas Urban Revitalization, Urbandale, IA. ProjectManager, renewal and TIF plan preparation, data collection, analysis and plan preparation, City ofUrbandale, 1995-96. • Development Assistance, Nora Springs, IA. ProjectManager, financial feasibility services including preparation of development agreement, City of Nora Springs, 1998. • City of Osage Economic Development Planning, Osage, IA. Project Manager, ongoing development assistance, 1995-98. • Water Rate Study, Lake Mills, IA. Project Manager, analysis development of utility ordinance, City of Lake Mills, 1996. • Industrial Park Feasibility Study, Dubuque, IA. Cost/benefit analysis, conceptual design, strategic planning, City of Dubuque, 1996-97. • Industrial Park Improvement Project, Lake Eleanor Road, Dubuque, IA. Project Manager, design review, land use documents. City of Dubuque, 1996-97. • Clarion Industrial Center, R.I. S.E. Roadway and Utility Improvements Project, Clarion, IA. Project Manager, grantsmanship, tax increment finance planning and financing. City of Clarion, 1997. • Lake Mills Industrial Park Expansion,R.I.S.E. Roadway and Utility Improvements Project, Clarion, IA. ProjectManager, grantsmanship, tax increment finance planning and financing. City of Lake Mills, 1996. • AutoMate Expansion, Mason City, IA. Grantsmanship, Mason City Economic Development Corporation, 1995. • I Sth Street Southwest Paving Project, Mason City, IA. Project Manager, grantsmanship, tax increment financing planning and financing. City of Mason City, 1997. • Streetscape Improvement Project, Hudson, IA. Strategic planning, design facilitation, financing, City of Hudson, 1996-97. page 2 of 2 REQUEST FOR COUNCIL ACTION MEETING DATE: 10/1/91 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA CITY ADMINISTRATOR i ESCRIPTION: RETENTION OF CONSULTANT SERVICES PREPARED BY: G. NEUMANN The City anticipates a need for legislative consulting services for the 2002 session of the Legislature primarily related to the DM & E Railroad project. The City staff has obtained proposals from Sandy Keith of the firm of Dunlap and Seeger and from John Wade to perform legislative services on behalf of the City . Much of the legislative work needs to be undertaken at this time in preparation for the 2002 legislative session. Under terms of the proposed agreement the City would retain Dunlap and Seeger (Sandy Keith) for the sum of $22,500 for the remainder of 2001 and similarly retain the services of John Wade for $22,500 for the remainder of 2001. The primary assignment will be to work on the DM & E project matters. However, Mssrs. Keith and Wade may also perform other legislative services as assigned through the City Administrator. Council Action Requested 1. Approval to retain Dunlap and Seeger for $22,500 for legislative services for the remainder of 2001. John Wade for $22,500 for legislative services for the remainder of 2001. i 2. Approval to retain i COUNCIL ACTION: Motion by: second by. to: AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF ROCHESTER, MINNESOTA AND DUNLAP & SEEGER THIS AGREEMENT is made and entered into this day of 2001, by and between the CITY OF ROCHESTER, a Minnesota municipal corporation, hereinafter referred to as "City", and DUNLAP & SEEGER, a professional association, of Rochester, Minnesota, hereinafter referred to as "Consultant." WHEREAS, the City is interested in obtaining the Consultant's services, to be provided by A. M. Keith, for those endeavors beneficial to the City; and, WHEREAS, the Consultant is able and willing to provide professional services to the City and to use A. M. Keith in providing those services; NOW, THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the City and Consultant agree as follows: 1. Services to be Provided Consultant will provide professional consulting services to the City relating to the D, M & E Railroad expansion project and such other matters assigned to him by the City Administrator. A.M. Keith will provide the Consultant's services to the City. 2. Payment for Services City shall pay Consultant the sum of $22,500 for the months of October, November and December of 2001, which shall be payable in equal installments on the first of each month beginning on October 1, 2001. In addition, City shall reimburse Consultant for out-of-pocket expenses, including but not limited to travel and telephone expenses, incurred in performing his professional consulting services to the City. The City's City Administrator must approve any out of state travel expenditures prior to their occurrence. 3. Term of Agreement This Agreement shall terminate on December 31, 2001, but may be renewed for additional time periods as mutually agreed to by the parties. is4. Independent Contractor Nothing contained in this Agreement is intended or should be construed as creating an employment relationship between the City and the Consultant or the Consultant's employees. No tenure or any rights or benefits, including workers' compensation, unemployment insurance, medical care, sick leave, vacation leave, severance pay, PERA, or other benefits available to City employees, shall accrue to Consultant or his employees performing services under this agreement. 5. Insurance Consultant shall secure and maintain such insurance as Consultant deems necessary or appropriate to protect himself from claims under Workers' Compensation, accidents, claims for bodily injury, death or property damage, or errors or omissions which may arise from the completion of the services contracted under this Agreement. 6. Conflict of Interest City acknowledges that Consultant has clients who have or may have conflicts with the City's interests. City hereby waives all conflicts which Consultant now has or may have in the future as to administrative, civil and criminal matters involving the City. A.M. Keith acknowledges that he has no present conflict with the City and will avoid any conflict in the future. 7. Subcontracting and Assignment Consultant shall notify the City Administrator of any subcontracts entered into for the performance of any services contemplated under the Agreement. Consultant shall be responsible for the performance of all subcontractors. 8. Merger and Modification It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items referred to in this Agreement are incorporated or attached and are deemed to be part of the Agreement. Any material alterations, variations, modifications, or waivers of provisions of this Agreement shall be valid only when they have been reduced to writing as an amendment and signed by the parties. 0 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. CITY OF ROCHESTER, a Minnesota DUNLAP & SEEGER, P.A. Municipal Corporation By Its Mayor Attest: Its City Clerk Approved to Form_ City Attorney STATE OF MINNESOTA ) ss COUNTY OFOLMSTED ) 0 Its The foregoing agreement was acknowledged before me this day of , 2001, by Charles J. Canfield and Judy Scherr, the Mayor and City Clerk, respectively, of the City of Rochester, a Minnesota municipal corporation on behalf of the corporation. Notary Public J§ATE OF MINNESOTA ) a� ) ss COUNTY OF OLMSTED ) On this day of county personally appeared 2001, before me, a notary public within and for said personally known to me to be the of Dunlap & Seeger, P.A., and who executed the foregoing agreement on behalf of the professional association and who further acknowledged that he is authorized to execute this agreement on behalf of the professional association. Notary Public OwpklwnsuIt. keith2 REQUEST FOR COUNCIL ACTION PUBLIC HEARINGS DESCRIPTION 2002 CDBG APPROPRIATION ORIGINATING DEPT: CITY ADMINISTRATION r MEETING DATE: 10/1/01 ITEM NO. ,�C_ PREPARED BY: T. SPAETH Attached for your information is a copy of the tabulation of the individual Councilmember appropriation forms. It has been the past practice of the Council to fund those projects which received four or more votes. The total 2002 CDBG award is estimated at S600,000. On the attached tabulation form, we have included a column entitled "Four or More Votes Rounded." In this column, I have rounded to the nearest hundred the average amount based on the individual appropriation of Councilmembers. These appropriations totaled $249,000. The following is a summary of the recommended appropriations receiving four or more votes from Councilmembers: Public Service Requests APPLICANT APPROPRIATED Aldrich Memorial Nursery School $3,900 ARC SE Minnesota $5,000 Bear Creek Services Foundation $5,400 Boys & Girls Club of Rochester $5,900 Channel One Food Shelves & Bank $4,400 Child Care Resource & Referral CCRR $24,400 FACES $5,400 NAMI Olmsted County $5,500 PossAbilities of Southern Minnesota $3,300 Rochester Area Disabled Athletics & Recreations RADAR $3,700 ' mter 4 Street Youth Boxing G $3,900 , Citizens Services, Inc. $10,400 .,, dors Program $4,300 Young Life $1,600 Barrier Removal/Rehabilitation/Economic Dev/Acquisition City of Rochester Park & Rec. Department $37,700 Friends of Quarry Hill Nature Center $5,400 Southeastern Minnesota Center for Independent Living SEMCIL $14,000 Ability Building Center $11,900 Community Housing Partnership (Energy Conservation $10,000 Jeff Allman $15,000 Olmsted County HRA OCHRA $18 900 Rochester Neighborhood Resource Center $1,600 Samaritan Bethany, Inc. Air System) $6,100 Senior Citizens Services, Inc. $17,900 Zumbro Valley Mental Health Center Inc. $4,100 Hiawatha Homes Foundation $10,000 Rochester Area Habitat For Humanity $9.300 TOTAL $249,000 C ICILACTION: Motcnby: Second by: to: Request for Council Action 2002 Community Development Block Grant Appropriation October 1, 2001 page two After those appropriations were made, there remained a balance of $16,000 available for distribution to the various programs. The staff would recommend that this amount be allocated to the City of Rochester Park & Rec. Program since this particular program has a direct property tax reduction benefit to the citizens of Rochester. These appropriations are in addition to the $250,000 in the City's Single Family Rehab Program, $50,000 in the First Homes Program and $35,000 for CDBG program administration. f, COUNCIL ACTION REQUESTED: Approval of the 2002 CDBG appropriations as described above. W 00 0 0 0 0 0 000000011, p O m o 0 0 o m o 0 0 0 0 0 0 �- W O Q m a d P 0 M n m a 11 m 0 Z p 1. N N Q N N b m O 1 O d- H Z o>> a rc W F O > �- p 08 08.00 .000.0..08 o J o o0 a0 0 O o 0 ° O 0 0 0 �n o000 Q m0 o 0 0 o 0 0 0 .0 .... o o a o 8 0 8 $ o$ at Clam $ o 0 8 0 Z C1 1� O O < O N I(1 Y (V O h YI N N S S ... p O O S S N O 08 O O OQ O 8 O O o O O O b N Q w i 00 0 o o o 0 0 0 8 8 0 0 0 0 0 o U o at S $ $ o 0 0 $$ Q fO b O O 0 P I() N O m O f N J O O O O O O O $ O O S O O O S O O J $$ $ O O O O O O O o O O W z Cl VI l` h b N N N fl N m N O Z 11 U U % p 0 8a 008.0 8S8 0 ...... 0 008�080000 V b M O YI (V O m N V N N N N 0 N N Q f QQ QQ 0 088 .80080 00$ 8o0O25825 8 N Z N P O N h N Yi N P N N (V aom womb m on 0 o is vi d � d vn ei � is � 6 o ai m m J M N H o z w J Z Q o N O0 m Q $O 8O bm -N SN P bm P$om°S dV O N 0 0 o O O 0 0 o a g0 00 0o Oo 8 oO o 0 $$ e$ o o$$ o a o 0 0 0 0 0 00 0 0 0$s$oo$$$o $ RibON NONO1 NNMOYI N $ O$ O O 000 00 0008.00 O O O O O $ O O$ O O O N O O N O N a M 0 N m 0 0 0 0 0 0 0 0 8 0 0 0 oO 8 8 o S p o o $$ o 0 0 0 0 0 0 0 0 0 0 0 0 o O 0 0 o q0 $ p$p $$$ $ e 0 0 0 0 0 0 N b N r b N N �, N 0 8 8 0 0 0 0 8 Lap 0 S 0 8 0 8 O Q b O O'� $ o$ 0 a a 0 8°° 8$ o o$ O O S O O O O O O 8 o O O O S O O O O O O O O O O O O O o o O O O O 00 O 00 O O Y o0 0 0 0 din 000 p $ Co Ooo ppO N Z J 2 y L m _ ` m m w m W 0 O 0 m 0 gg m o 0 0 0 0 0 O 0 t o 0 0 0 8 8 E off 0�0H8-8 2080000 8p88a 0 002+o0888NN w e..... b . K ... > ........... H ... > c O = U J 0 v U c O a m ti a J� Q QQ 0 y� a M. N 'v d y o w w E V ¢ me w �F r $ E v= B a-mm e 5 oa rc m9qq r E� E 'ycy E �� m U LL N Q pEo U W O K w t° N S d' REQUEST FOR COUNCIL ACTION MEETING 3 ! 11 DATE: 10/1 /01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS CITY ADMINISTRATOR z _ Z A DESCRIPTION: Establishment of Development District # 20 and Tax Increment PREPARED BY: Financing District # 20-1 for the D' S ngle Family development T.SPAETH As part of "First Homes" program, the City has agreed to provide tax increment financing assistance for the purpose of providing a number of affordable owner occupied single family dwelling units in the City. One of the developments selected for participation in the "First Homes" program is the Rose Harbor Estates 2"d Subdivision, in which 21 lots are selected for participation. The City is proposing to provide $10,000 per lot x 21 lots=$210,000 structured as an " up front payment" TIF project as recently agreed to by the Council for single family TIF projects participating in the First Homes program. The developer (DeWitt Construction) will be reimbursed the said amount at the time the home is sold to the eligible homebuyer. The proposed tax increment financing district is set up wherein eligible homebuyer will be required to meet required income limitations such that the TIF district will be a "qualified" TIF district. COUNCIL ACTION REQUESTED: Adopt the resolution approving the Development District # 20 and Tax Increment Financing District Plan # 20-1 N= T INCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING [/O' DATE:10-1-01 J AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS PLANNING - N DESCRIPTION: Amendment to General Development Plan #92, known as Manor PREPARED BY: )ds West, by Forbrook-Bigelow Development. The applicant proposes to amend the Brent Svenby, approved Plan to add roadways and single family lots west of Manor Ridge Drive NW and Planner south of 71h Street NW and to have one cul-de-sac off of 71h Street NW serving the entire area. September 25, 2001 City Planning and Zoning Commission Recommendation: On September 12, 2001 the City Planning and Zoning Commission reviewed this amendment to the General Development Plan. I The applicant's representative, Mr. Harvey Ratzloff, addressed the Commission. He explained the history of the project and proposed amendment to the GDP. He also submitted several letters of correspondence between himself and concerned neighbors. Two neighboring property owners expressed concerns about drainage from the development. The Commission reviewed this proposal according to the criteria listed in Paragraph 61.215 of the Zoning Ordinance and Land Development Manual. Ms. Wiesner made a motion to approve the amendment to General Development Plan #92, known as Manor Woods West, with staff -recommended findings and conditions. Mr. Burke seconded the motion. The motion carried 5-0, with Mr. Ohly abstaining. ditions: f. Storm Water Management must be provided for this development. A Voluntary Storm Water Management fee will apply to any areas of this subdivision that, when graded, do not drain to an approved private detention facility. 2. Parkland dedication for this subdivision shall be met via cash in lieu of land. 3. Prior to Final Plat submittal, the applicant shall enter in to a Development Agreement with the City that outlines the obligations of the applicant, relating to, but not limited to, contribution for 7 h Street NW reconstruction, stormwater management, pedestrian facilities, right-of-way dedication, and contributions for public infrastructure needed to serve this property. 4. Lots with direct access to 7 h St. NW shall have shared driveways, meeting the access spacing standards of the Rochester Zoning Ordinance and Land Development Manual, 5. The Final Plat for this portion of the property shall dedicate controlled access along a portion of 74h Street NW and also along a portion of the cul-de-sac roadway. 6. The water main will need to be looped to either Manor Ridge Drive NW or Manor Ridge Lane NW along with the dedication of a 20' utility easement within Manor Woods West Tenth Subdivision. 7. The applicant shall address the ownership of Outlot A and provide access to the Outlot. LINCIL ACTION: Motion by: second by: to: Page 2 RCA September 25, 2001 y/ Planning Staff Recommendation: See attached staff report dated September 4, 2001. council Action Needed: 1. The Council may approve, approve with conditions, or deny the general development plan. The Council must make findings based on the criteria listed in Paragraph 61.215. 2. If the Council wishes to proceed with the general development plan as proposed, it should instruct the City Attorney to prepare a resolution for Council approval. Attachments: 1. Staff Report dated September 4, 2001 2. Minutes of the September 12, 2001 CPZC Meeting Distribution: 1. City Administrator 2. City Attorney 3. Planning Department File 4. Planning Department GIS Division 5. Applicant: This item will be considered some time after 7:00 p.m Chambers in the Government Center at 151 4th Street SE. 6. McGhie & Betts, Inc. on Monday, October 1, 2001 in the Council/Board `StiBHf �H _ _.. ._ _��� �• 1 1 1 s • 1 _ I , � , 1 - REVISED t 361.67 S�5 66'ISOB' W t IUNOR WOODS WEST 1prtH S000- GENERAL DEVELOPMENT PLAN 1 1 3a Ii'=a�� % Manor Woods North Fret eI R.cn ter, ROOSTER-OLNISTED PLANNING DEPARTMENT 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 CC U N T Y OF ws:.,::,.olmstedcounty.com/planning TO: City Planning and Zoning Commission FROM: Brent Svenby, Planner ..0�.aUCftE5TER.,,, �V kph .,, � •,5., A kq r! D:.aL' DATE: September 4, 2001 RE: Amendment to General Development Plan #92, known as Manor Woods West, by Forbrook-Bigelow Development. The applicant proposes to amend the approved Plan to add roadways and single family lots west of Manor Ridge Drive NW and south of 7th Street NW and to have one cul-de-sac off of 7th Street NW serving the entire area. Plannin Department Review: Applicant/Owner: Forbrook-Bigelow Development 706 County Rd. 3 NW Byron, MN 55920 Consultants: McGhie & Betts, Inc. 1648 3rd Avenue SE Rochester, MN 55904 Size and Location: The property is located south of 71h St. NW, west of Manor Ridge Drive NW and east of Coventry Lane NW. and includes approximately 12.79 acres of land. Existing Land Use: The site is presently undeveloped. Proposed Use: The applicant proposes to develop the property with single detached housing. The GDP identifies 32 lots and one outlot. Land Use Plan: The Rochester Urban Service Area Land Use Plan designates this property as suitable for "low density residential" types of development. Zoning: The property is currently in the process of being annexed into the City. Upon annexation, the property will be zoned R-1 (Mixed Single Family Residential) district. Streets: The applicant is proposing a new public roadway from 7" St. NW, that would be a cul-de-sac, to serve the lots. Five lots are proposed to have their only frontage along 7t' St., which would provide them with access. Sidewalks: Sidewalk will be required on both sides of the BUILDING CODE 507/285-8213 • GIS/ADDRESSING/MAPPING 507/285-8232 • HOUSING/HRA 507/285-8224 PLANNING20NING 507/285-8232 • WELL/SEPTIC 507/285-8345 FAX 507/287-2275 „"„", AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 2 General Development Plan Amendment September 4, 2001 Drainage: • YS- roadways. The General Development Plan identifies existing topography. Detailed grading and drainage plans will be required when the property is platted or developed. According to the Olmsted County Environmental Services the Decorah Edge Groundwater Recharge Area is present within the parcel. The area appears to be mainly within the area shown as Outlot A. Wetlands: Minnesota Statutes now require that all developments be reviewed for the presence of wetlands or hydric soils. According to the Soils Survey, hydric soils do not exist on this property. Public Utilities: Services are, or will be, available to serve this property. The water main will need to be looped to either Manor Ridge Drive NW or Manor Ridge Lane NW along with the dedication of a 20' utility easement within Manor Woods West Tenth Subdivision. Parkland Dedication: Parkland dedication requirements for this development need to be satisfied via cash dedication in lieu of land. Referral Comments: 1. Rochester Public Works 2. Environmental Services 3. RPU Water Division Report Attachments: 1. Copy of General Development Plan 2. Referral Comments (3) Summary: The applicant is proposing to amend the GDP to identify a cul-de-sac and lots for single family detached residential development. The proposed development would be consistent with the development already completed in the Manor Woods area. The original proposal submitted included the westerly extension of a Street NW through Lot 14, Block 5 Manor Woods Wet 10"' Subdivision. The applicant has since amended the proposal, removing the westerly extension of 5'" Street NW through Lot 14 and having the proposed development access from 7h Street NW only. Staff Suggested Findings and Recommendation: Paragraph 61.215 of the Rochester Zoning Ordinance and Land Development Manual lists the criteria for approval of a general development plan (see attached section from the newly adopted regulations, which became affective May 15, 1999. Page 3 • • �T General Development Plan Amendment September 4, 2001 Criteria A. The proposed land uses are generally in accord with the adopted Comprehensive Plan and zoning map, or that the means for reconciling any differences have been addressed. A GDP may be processed simultaneously with a rezoning or plan amendment request. The proposed land uses within the GDP are consistent with the "low density residential" land use designation for the property. Criteria B. The proposed development, including its lot sizes, density, access and circulation are compatible with the existing and/or permissible future use of adjacent property. The density of the proposed development is consistent with a low density residential land use designation and the R-1 zoning district. Lot sizes appear to be similar to the existing lots within the Manor Ridge Development. Access to Out/otA will need to be provided. Information is needed to the long term maintenance and ownership of Out/ot A needs to be addressed by the applicant. Since 7eh Street NW is a "collector" road, access spacing standards will require shared driveways for the lots with direct access to 7'h Street NW. The dedication of controlled access will need to be included when the property is platted. The dedication of controlled access is also needed along the cul-de-sac roadway a distance of 35' from the 7h' Street NW right- of-way. Criteria C. The mix of housing is consistent with adopted Land Use and Housing Plans. The mix of housing is consistent with the adopted Land Use Plan and is also consistent with the Housing Plan standards for the physical and social environments of residential neighborhoods. Criteria D. The proposed plan makes provisions for planned capital improvements and streets reflected in the City of Rochester's current 6-Year Capital Improvement Program, adopted Thoroughfare Plan, the ROCOG Long -Range Transportation Plan, Official Maps, and any other public facilities plans adopted by the City. Street system improvements required to accommodate proposed land uses and projected background traffic are compatible with the existing uses and uses shown in the adopted Land Use Plan for the subject and adjacent properties. Access to this portion of the GDP will be from 74h Street NW and a proposed new cul-de-sac. Since 7h' Street NW is a "collector" road, access spacing standards will require shared driveways for the lots with direct access to 70' Street NW. The dedication of controlled access will need to be included when the property is platted. The dedication of controlled access is also needed along the cul-de-sac roadway a distance of 35' from the 7ih Street NW right- of-way. Page 4 • • / ! / General Development Plan Amendment September 4, 2001 Criteria E. On and off -site public facilities are adequate, or will be adequate if the development is phased in, to serve the properties under consideration and will provide access to adjoining land in a manner that will allow development of those adjoining lands in accord with this ordinance. Street system adequacy shall be based on the street system's ability to safely accommodate trips from existing and planned land uses on the existing and proposed street system without creating safety hazards, generating auto stacking that blocks driveways or intersections, or disrupting traffic flow on any street, as identified in the traffic impact report, if required by Section 61.523(C). Capacity from improvements in the first 3 years of the 6-year CIP shall be included in the assessment of adequacy. Since a Street NW is a "collector" road, access spacing standards will require shared driveways for the lots with direct access to e Street NW. The dedication of controlled access will need to be included when the property is platted. The dedication of controlled access is also needed along the cut -de -sac roadway a distance of 35' from the 748 Street NW right-of-way. Utilities are now available to directly serve the area of the proposed land use, or that the City of Rochester is planning for the extension of utilities to serve the area of the proposed development and such utilities are in the first three years of the City's current 6-Year Capital Improvements Program, or that other arrangements (contractual, development agreement, performance bond, etc.) have been made to ensure that adequate utilities will be available concurrently with development. If needed utilities will not be available concurrent with the proposed development, the applicant for the development approval shall stipulate to a condition that no development will occur and no further development permit will be issued until concurrency has been evidenced. Services are, or will be available to serve this property. Services are proposed to be extended from 7v Street NW. The water main will need to be looped to either Manor Ridge Drive NW or Manor Ridge Lane NW along with the dedication of a 20' utility easement within Manor Woods West Tenth Subdivision. 3. The adequacy of other public facilities shall be based on the level of service standards in Section 64.130 and the proposed phasing plan for development. Sidewalk will be required on both sides of all new public roadways. Storm Water Management must be provided for this development. A Voluntary Storm Water Management fee will apply to any areas of this subdivision that, when graded, do not drain to an approved private detention facility. Criteria F. The drainage, erosion, and construction in the area can be handled through normal engineering and construction practices, or that, at the time of land Page 5 • • General Development Plan Amendment September 4, 2001 subdivision, a more detailed investigation of these matters will be provided to solve unusual problems that have been identified. Storm Water Management must be provided for this development A Voluntary Storm Water Management fee will apply to any areas of this subdivision that, when graded, do not drain to an approved private detention facility. Criteria G. The lot, block, and street layout for all development and the lot density for residential development are consistent with the subdivision design standards contained in Section 64.100 and compatible with existing and planned development of adjacent parcels. Since 7`h Street NW is a "collector" road, access spacing standards will require shared driveways for the lots with direct access to 7" Street NW. The dedication of controlled access will need to be included when the property is platted. The dedication of controlled access is also needed along the cul-de-sac roadway a distance of 35' from the 7`h Street NW right- of-way. Recommendation: Staff recommends the following conditions or modifications to assure compliance with the Rochester Zoning Ordinance and Land Development Manual and applicable criteria: i. Storm Water Management must be provided for this development. A Voluntary Storm Water Management fee will apply to any areas of this subdivision that, when graded, do not drain to an approved private detention facility. 2. Parkland dedication for this subdivision shall be met via cash in lieu of land 3. Prior to Final Plat submittal, the applicant shall enter Into a Development Agreement with the City that outlines the obligations of the applicant, relating to, but not limited to, contribution for e Street NW reconstruction, stormwater management, pedestrian facilities, right-of-way dedication, and contributions for public infrastructure needed to serve this property. 4. Lots with direct access to 7 h St. NW shall have shared driveways, meeting the access spacing standards of the Rochester Zoning Ordinance and Land Development Manual. 5. The Final Plat for this portion of the property shall dedicate controlled access along a portion of 7'h Street NW and also along a portion of the cul-de-sac roadway. 6. The water main will need to be looped to either Manor Ridge Drive NW or Manor Ridge Lane NW atong with the dedication of a 20' utility easement within Manor Woods West Tenth Subdivision. 7. The applicant shall address the ownership of Outlot A and provide access to the Outlot i Page 6� General Development Plan Amendment September 4, 2001 Criteria for Approval of a General Development Plan In approving a General Development Plan, the Council shall make each of the following findings: A. The proposed land uses are generally in accord with the adopted Comprehensive Plan and zoning map, or that the means for reconciling any differences have been addressed. A GDP may be processed simultaneously with a rezoning or plan amendment request. B. The proposed development, including its lot sizes, density, access and circulation are compatible with the existing and/or permissible future use of adjacent property. C. The mix of housing is consistent with adopted Land Use and Housing Plans. D. The proposed plan makes provisions for planned capital improvements and streets reflected in the City of Rochester's current 6-Year Capital Improvement Program, adopted Thoroughfare Plan, the ROCOG Long -Range Transportation Plan, Official Maps, and any other public facilities plans adopted by the City. Street system improvements required to accommodate proposed land uses and projected background traffic are compatible with the existing uses and uses shown in the adopted Land Use Plan for the subject and adjacent properties. E. On and off -site public facilities are adequate, or will be adequate if the development is phased in, to serve the properties under consideration and will provide access to adjoining land in a manner that will allow development of those adjoining lands in accord with this ordinance. 3. Street system adequacy shall be based on the street system's ability to safely accommodate trips from existing and planned land uses on the existing and proposed street system without creating safety hazards, generating auto stacking that blocks driveways or intersections, or disrupting traffic flow on any street, as identified in the traffic impact report, if required by Section 61.523(C). Capacity from improvements in the first 3 years of the 6-year CIP shall be included in the assessment of adequacy. Utilities are now available to directly serve the area of the proposed land use, or that the City of Rochester is planning for the extension of utilities to serve the area of the proposed development and such utilities are in the first three years of the Citys current 6-Year Capital Improvements Program, or that other arrangements (contractual, development agreement, performance bond, etc.) have been made to ensure that adequate utilities will be available concurrently with development. If needed utilities will not be available concurrent with the proposed development, the applicant for the development approval shall stipulate to a condition that no development will occur and no further development permit will be issued until concurrency has been evidenced. 3. The adequacy of other public facilities shall be based on the level of service standards in Section 64.130 and the proposed phasing plan for development. Page 7 • • w General Development Plan Amendment September 4, 2001 F. The drainage, erosion, and construction in the area can be handled through normal engineering and construction practices, or that, at the time of land subdivision, a more detailed investigation of these matters will be provided to solve unusual problems that have been identified. G. The lot, block, and street layout for all development and the lot density for residential development are consistent with the subdivision design standards contained in Section 64.100 and compatible with existing and planned development of adjacent parcels. ROCHESTER 5� {'N/ifine9ota TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Michael J. Nigbur DATE: 7/27/01 DEPARTMENT OF PUBLIC WORKS 201 4`" Street SE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX — 507-281-6216 The Department of Public Works has reviewed the application for an AMENDMENT to General Development Plan #92 on the Manor Woods West property. The following are Public Works comments on the proposal: 1. Grading & Drainage Plan approval is required for the development of this property. A Storm Water Management Charge will apply to areas of development where on - site detention is not provided. 2. Execution of a Development Agreement is required prior to Final Plat submittal. 3. The proposed developments will require the execution of a City -Owner Contract prior to construction of public infrastructure. 4. Access control will be required along the North line of Lots 3 & 29 5. The proposed use of Outlot A should be disclosed and access needs 6. Driveway access to 7t6 street will need to be reviewed at the time of platting to verify site/stopping distance requirements. Charges/fees applicable to the development of this property will be included in the Development Agreement, and/or City -Owner Contract(s), and will include: Trunkline Sanitary Sewer J8619 @ $665.1598 per acre plus Interest @ 7.0% from 6/25/80 (10yr max) = $1,130.77 per acre. CCM Water Tower J8251 @ $900.88 per acre plus Interest @ 7.0% from 7/2/79 (10 yr max) = $1,531.50 per acre •: A contribution for reconstruction of 7 ° St NW Stormwater Management, TBD — if on -site detention is not provided. First Seal Coat Contribution Traffic Signs as determined by the City of Rochester Traffic Division: C:\WINDOWS\Temporary Internet Files\OLKB022\GDP92 AMENDMENT Manor Woods West.doc rru' we pledge, we deliver August 20, 2001 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: REVISED THE WEST AREA ONLY: Amendment to General Development Plan #92 by Forbrook-Bigelow Development known as Manor Woods West to amend the approved plan to add roadways and residential lots south of 7a' St. NW in the undeveloped area west of Manor Ridge Dr. NW. Dear Ms. Gamess: Our review of the referenced REVISED Amendment to the general development plan is complete and our comments follow: 1. The water main must be looped to either Manor Ridge Dr. NW or Manor Ridge Lane NW along with the dedication of a 20' utility easement within Manor Woods West Tenth Subdivision (as close to the cul-de-sac as possible). 2. We will work with the applicant's engineering firm to develop the necessary water system layout to serve this area. Please contact us at 507-280-1600 if you have questions. Very truly yours, 06MA p Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention Forbrook-Bigelow Development McGhie & Betts, Inc. Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 0 S3 Date: July 12, 2001 To: Jennifer Garness, Rochester -Olmsted Planning Department From: Khalid Mubarak, Olmsted County Environmental Services RE: Amendment to General Development Plan q 92, known as Manor Woods West The Decorah Edge Groundwater Recharge Area is present within the parcel. This assessment is based on information derived from the Olmsted County Geological Atlas, construction logs from the nearby City well 26 (UN4147451) at 2nd Street NW (T.107N-R13.W, Section 32 NEIA SE1/4 SW I/4) and bedrock mapping using ArcView coverages of the two -foot contour lines. The Decorah shale is mapped at 1140 to 1099 feet in elevation and the underlying Glenwood shale at 1073 to 1068 feet in elevation. More accurate bedrock elevations may be available from borings completed on or near the site. In this hydrogeologic setting, water discharges from the upper aquifer through soils overlying the Decorah shale before recharging the underlying aquifer. Developments in this setting have the potential to interrupt these groundwater recharge processes and associated high water tables may create structural problems. General development recommendations for the Decorah Edge setting should be considered for this site. Amenament to uur =al Manor Wood West Section 32 Cascade Township • ]` `./ 0 290 580 1,160 Miles l� I I 1 1 I 1 I I I Cummingsville Limestone Decorah Shale Environmental Resource Services Olmsted County 2116 Campus Dr SE Rochester, MN 55904 (507)285-8339 0 290 580 1,160 Miles l� I I 1 1 I 1 I I I Cummingsville Limestone Decorah Shale Environmental Resource Services Olmsted County 2116 Campus Dr SE Rochester, MN 55904 (507)285-8339 0 0 ST General Development Recommendations for the t Decorah Edge Groundwater Recharge Area 1. Require the delineation of wetlands and high water table conditions using a First order Soil Survey or the multi -spectral `wetness" maps. 2. Retain the vegetation and existing soils on the site. Limit the extent of grading that can occur where the Decorah shale is the first encountered bedrock. The blue and green areas on the multi -spectral maps indicate near surface water conditions. It is important to keep the existing soils and vegetation in place in order to protect the groundwater recharge regime. if areas do become disturbed, encourage the planting of appropriate native vegetation. 3. Preserve the unique hydric features (springs, seeps, and wetlands) of the site. Incorporate these featues into common or public open space, linear parks and/or trailways. 4. Require vertical and lateral setbacks to minimize the disruption of groundwater recharge. Where the Decorah shale is the first encountered bedrock, maintain a one -foot vertical setback for structures to the seasonal high water table. In head and side slope areas, development on the Decorah shale should be avoided and a 75-foot lateral setback should be maintained above the Cummingsville- Decorah contact and below the Decorah -Platteville contact. 5. In areas where the Decorah shale does become disturbed, require that the intercepted recharge water be reinfiltrated to minimize disruption of the recharge process. Reinfiltration should mimic natural recharge processes where feasible. 6. Require clay plugs to be installed in utility trenches as a means of maintaining dispersed groundwater recharge flows. Trenches may inadvertently serve as subdrainage channels. Rochester Minnesota Land Surveying Urban - land Planning Ccnsulting - Civil Engineering Geotechnical Engineering Construction Material Testing Landscape Architecture 0 • 6 • 156 August 15, 2001 Ms. Mitzi Baker Consolidated Planning Department 2122 SE Campus Dr. Rochester. MN 55904 Re: General Development Plan Amendment for Manorwoods North First Dear Ms. Mitzi Baker: Our client Forbrook-Bigelow Development sent a letter to Mr. Brent Svenby dated August 1, 2001. This letter requested that the GDP Amendment and Preliminary Plat for Manorwoods North First be continued until the September 12, 2001 Planning and Zoning Board Meeting. At this time we would like to submit the Amended General Development Plan for Manorwoods North First for review and have it placed on the September 12, 2001 Planning and Zoning Board Meeting. The Preliminary Plat will be tabled until further notice. The following items are enclosed to complete the application submittal for the review of Manorwoods North First Amended General Development Plan. 1. Nine (9) copies of the Proposed Amended General Development Plan 2. One (1) reduced version of the Amended General Development Plan On August 11, 2001, we submitted an amended General Development Plan and Preliminary Plat for Manorwoods North First. This preliminary plan showed three short cul-de-sacs isaccessing the site with a large outlot in the southern half. Since that time we have reviewed and altered the access road for this area due to several issues. First, with the current steep slopes and topography, a single road access from Vh Street N.W. provides the least cut and fill required to make the necessary grades for the proposed street. Second, a single cul-de-sac reduced the turn around time for future maintenance vehicles. Third, a single access from 7`h Street will not require any access from interior existing streets in Manorwoods West 10 h. 1648 Third Avenue S.E. Rochester, MN 55904 • Tel. 507,289.3919 Fax. 507.289.7333 Should you have any questions or comments regarding the above information, please do not hesitate to call. Yours very truly, McGhie & Betts, Inc. Kristi Clarke, Planner KLC/klc Attachments Pc. Forbrook-Bigelow Development e-mail. mcghiebetts.com Established 1946 Page 2 City Planning and Zoning Commission Minutes Hearing Dace: September 12, 2001 CONTINUED ITEMS: Amendment to General Development Plan ##92, known as Manor Woods West, by Forbrook-Bigelow Development. The applicant proposes to amend the approved Plan to add roadways and single family lots west of Manor Ridge Drive NW and south of 7` Street NW and to have one cul-de-sac off of T Street NW serving the entire area. Mr. Jeff Ellerbusch presented the staff report, dated September 4, 2001, to the Commission. The staff report is on file at the Rochester -Olmsted Planning Department. Mr. Burke asked if there is a stubbed street coming from an existing development that would be vacated. Mr. Ellerbuschstatedthat -there -is-not a stubbed -street. He- explained that they retained ownership of a platted lot to use as road right-of-way. The applicant's representative, Mr. Harvey Ratzloff, addressed the Commission. He stated that he had met with the neighbors and Marcia Marcoux. He explained the history of the project. Mr. Ratzloff stated that they previously looked at a plan that would have had a road coming off of Manor Ridge Drive on Lot 14. After meeting with the adjacent neighbors, it was obvious that they were against it since they did not purchase a corner lot. Mr. Ratzloff read several letters of correspondence between himself and concerned neighbors. These letters are on file at the Rochester -Olmsted Planning Department. Mr. Ratzloff stated that there had been a lot of misunderstandings. He explained that the representatives needed to be more careful in what they state. Mr. Ratzloff stated that he submitted a clause to the Forms Committee for the Minnesota Association of Realtors regarding proposed language to put in purchase agreements stating that there is nothing implied or said about any of the property adjacent to the property you are purchasing as to its future use. Mr. John Schmid, of 4907 Manor Ridge Lane NW, Rochester MN, addressed the Commission. He stated that his main concern is that there is a ditch along Lots 6-10 that their runoff goes to. He expressed concern with contaminating the development's water source and getting water in his own basement. Mr. Todd Truax, of 5238 Carrington Lane NW, Rochester MN, addressed the Commission. He expressed concern with how the outlot would be used as a water retainer. Mr. Ellerbusch explained that Carrington Lane did not drain in the direction of the proposed general development plan. He described how the drainage ran in the area. Ms. Petersson explained that the development could not adversely affect another piece of properties drainage. Discussion ensued regarding water drainage. With no one else wishing to be heard, Ms. Petersson closed the public hearing. ,3 I Page 3 • • City Planning and Zoning Commission Minutes Hearing Date: September 12, 2001 Ms. Wiesner moved to recommend approval of Amendment to General Development Plan #92, known as Manor Woods West based on the staff -recommended finings and conditions. Mr. Burke seconded the motion. Ms. Wiesner stated that she wanted the developer to pay close attention to the Environmental Services comments with regarding to Decorah Shale and recharge process. The motion carried 5-0, with Mr. Ohly abstaining. NW. The the public hearing. r Ms. Wiesner moved to ntinue Preliminary Plat #01 29 by Forbro9 igelow Development, to be kno as Manor:Woods"North First indefinite She stated that oeoole would be re notifie r. Staver seconded the motion. T e motion carried 6-0. L. management areas. be knc 'es of I Mr. Jeff Ellerbusch presented the staff report, d d S tember 7, 2l)01, to the Commission. The staff report is on file at the Roche ster-OIed Plan Department. Mr. Ellerbusch explained that the applic/'ouid like the \sed on to consider the three parts of the plan as separate general deent plans. that he divided the conditions as they apply to each part gethe plan. Ms. Wiesner asked why the Mills L. neral Development Plan and R. exum & Associates General Development Plan nee o have parkland dedication. Mr. Ellerbusch expla/thn-residential properties are exemptfrom par nd dedications. The applicant's reprr. Tom Hexum, addressed the Commission. He xplained that the reason for dividial development plan into three separate plans is d to platting issues from a legal s Ms. Wiesner asked if Mr. Hexum had any objections to the staff -recommended conditions. Mr. Hexum responded no. 0 S9 Copies of letters presented by Harvey Ratzloff at the City Planning & Zoning Commission meeting on September 12, 2001. The letters are in regard to the below mentioned application: Amendment to General Development Plan #92, known as Manor Woods West, by Forbrook-Bigelow Development. The applicant proposes to amend the approved Plan to add roadways and single family lots west of Manor Ridge Drive NW and south of 7th Street NW and to have one cul-de- sac off of 7th Street NW serving the entire area. 60 DANIEL AND ELIZZABETH FISHER .......................................... I ...................... — .................................................................... June 6, 2000 Bigelow Construction: We have several concerns about your proposed development directly to the west of our house. We had no intention of buying a comer lot when we built our home with you last year. We chose our lot in good faith that you were being honest with us about the plans for development. If you had told us that lot #14 was on hold for possible road expansion, that would have greatly influenced our choice of lot, but that information was never given to us, and for that we feel very misled . With four small children, we would never have chosen a lot that had roadway on two sides for safety reasons. We did not anticipate having to pay to maintain an additional 110 fed of sidewalk, curb, and gutter. City ordinance calls for a minimum of twelve and one-half feet between home and sidewalk. Our house has only eight feet to the lot line, so we do not understand how you can even plan to build a street next to our house. In addition, while we were told that there was a possibility of expansion with additional lots behind us (with the access being 7" Street), we were never told that the expansion would mean losing all the trees behind us. The natural beauty of the "Manor Woods North" Division would be lost if all the trees are destroyed to put up one more cul-de-sac. 'Have you considered the neeA to keep "green space" with the constant growth in Country Club Manor? We respectfully request that you reply to our concerns as soon as possible. Thank you very much. Sincerely, CC: Micki Miller, Edina Realty; Dan Moulton, Moulton Law Office m,z • za In response to your letter about the possible future development near your home. I could not have possibly told you of any future road on the side of your home as I had never been told there may be one. Lots are put on hold and taken off hold all the time in this business. You claim the lot was held for the purpose of a future road, I don't know if the lot was even on hold at all. I do recall telling you of a possible subdivision behind you. I said the developers were considering 1 acre lots with a shared septic system, as city sewer and water was not accessible to the area at the time. Since then these utilities will be becoming available, allowing for the development of city lots. If I was not dealing with you in good faith and with honesty why would I have told you of the possibility of any development at all? Bigelow Enterprises is a general contracting company that builds new homes. We purchase lots from developers to build these homes on. The proposed subdivision and the lot your home is built on were developed by Forbrook-Bigelow development. I do not claim to know everything the developers plan to do in the future, but I do deal with my customers with honesty, and in good faith and disclose any information I have at the time. Sincer r) rian Vne e Vice President Joel Bigelow and Sons Enterprises Inc. June 30, 2000 ODA April 17, 2001 Dear Homeowner; I don't know if I talked to you personally last year but I talked to several of you concerning the property located west of Manor Ridge Dr. NW. I told you that when we had some idea of what MAY happen or when we had more of an idea, I would show it to you. Included is an idea that we have been looking at and COULD BE a layout that we would take to the City of Rochester. We,are still in the planning stages but as we told you we would keep you informed as we look at different possibilities for this area. As you are well aware of the cityof Rochester put a lot of fill in this place when they rebuilt 7t°. St. NW. I will be gone through April 22, and if you would like to contact me after that, please do so. I thought that I would share this with you so you could take a look at it. Sin cerel arvey tz o Develo ment Coordinator Forbrook- Bigelow Development Co. Office 288-1111 V-mail 287-7723 e-mail hratz@rconnect.com May 4, 2001 Manor Ridge Dr. NW Rochester, MN 55901 Dear Mr. and Mrs. On or about April 17, 2001, I dropped off a note to you about what could happen to lot 14, block 5 Manor Woods Tenth Subdivision. Since then I received a phone call from. with some questions regarding the cost of sidewalks, sod etc. I have talked with the developer and they requested that I send you a letter and tell you what their position is should the city of Rochester choose to approve this idea. First, Forbrook-Bigelow Development Company would deed over to you that area of additional land that would increase your side yard. During construction of the road for that subdivision, we would install the curb. We would also put in the sidewalks that would be required by the city of Rochester. The ground preparation for the sod and the sod itself would go in next. All these items would be paid by the developer. There should not be any costs to you unless you plant trees or something in this area. I request that you sign and date the copy of the letter and return it to me in the self addressed envelope so that we are all aware of the potential change to this lot and what we as developers will do. We ask that you please share this with any potential purchaser of your property if you are thinking of selling. We also will keep a copy of this in our files as well. If any new news or any changes become available to us, I will share it with you immediately. Remember, before anything happens behind you there will be a series of public hearings of which you will receive notice from the city of Rochester or Consolidated Planning. Thank you, Sincerely; Harvey Ratzloff Forbrook- Bigelow Development Co. cc: E 0 65',7, April 17, 2001 Dear Homeowner; I don't know if I talked to you personally last year but I talked to several of you concerning the property located west of Manor Ridge Dr. NW. I told you that when we had some idea of what MAY happen or when we had more of an idea, I would show it to you. Included is an idea that we have been looking at and COULD BE a layout that we would take to the City of Rochester. We,are still in the planning stages but as we told you we would keep you informed as we look at different possibilities for this area. As you are well aware of the city of Rochester put a lot of fill in this place when they rebuilt 7`s. St. NW. I will be gone through April 22, and if you would like to contact me after that, please do so. I thought that I would share this with you so you could take a look at it. Sincerely, arveyey Development Coordinator Forbrook- Bigelow Development Co. Office 288-1111 V-mail 287-7723 e-mail hratz@rconnect.com ,LAND DEflICATION 4EXHIBIT 164 ACCESS TO PROPOSED MANOR WOODS NORTH ROCHESTER, MINNESOTA p j CC,, LOT 13 A 71 O -- a —gg i — g ----- G90R, M. 1 I I EXISTING LOT 14 —75' WIDTH-- LOT 15 iav urun — — — fA4lF1R. M. m "_"_`.--- /__ MANOR RIDGE DRIVE NW �' Off,{OAI 01gCiL Nq � YMOI. M Zr[I 7 rZA91 E' P = 40' rap ORBROOK—BIGELOW DEVELOPMENT w+ ar, LKR PO BOX 1373 McGhie Bet6,lnc., 03/"10/00 BYRON, MINNESOTA �°^"" ° F °"" LanO y'' s is .0 uzia\004e W 004SEXHB LAND DE'iICATION 4EXHIBIT ACCESS TO PROPOSED MANOR WOODS NORTH ROCHESTER, MINNESOTA EXISTING LOT 14 —75' WIDTH—� � R LOT 13 R LOT 15 ROF'OSE t R 9 9 Y 0' OW 9 B a 9 g ----- I------- -------- w.a unm tm, au ssu rsotort, mm. 1p00 o I \ aY a TeC MANOR RIDGE DRIVE NW �, ._ __. I era•. mm � y •' OarFDNA �CIRI[ 0.10! � a111e1,. T •et. Z r tua •lat tab i1R(IY u � � FAIaCR� M. erv, M. I 7 1' = 40' �r FORBROOK—BIGELOR DEVELOPMENT McGhie D $et6,Inc. BRA an LKR PO BOX 1373 kCASB 03/10/00 BYRON• MINNESOTA 55920 m . LL21A\0048 m r 004SEXHB _ _ r •. Y� � n ,t Th f 1 f 1 J m REQUEST FOR COUNCIL ACTION MEETING `2o DATE: 10-1-01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS PLANNING z Ll M DESCRIPTION: Amendment to General Development Plan # 73 originally approved PREPARED BY: ;onway-Dashow but developed under the name of Glendale 11 Glendale Hills, The Jeff Ellerbusch, undeveloped portion of the GDP is located east of the present end of Rocky Creek Dr. NE Senior Planner east of Northewrn Valley Dr. NE. September 26, 2001 City Planning and Zoning Commission Recommendation: On September 12, 2001 the City Planning and Zoning Commission reviewed this amendment to theGDP and the preliminary plat for the same area of the subject plan revision (Glendale Hills 41"). Kristie Clarke, McGhie & Betts, Inc., addressed the Commission. She testified that the there are wetlands that would have to be disturbed to make a road connection to the south and that storm water detention facilities would have to be constructed on Outlot B, also interfering with a possible road connection. She stated they are working on a wetland replacement plan for the disturbed wetlands on the site. She stated there are approximately 17 fewer lots in this design than on the original layout. The Commission reviewed this proposal according to the criteria listed in Paragraph 61.215 of the Zoning Ordinance and Land Development Manual. Mr. Burke made a motion, seconde by Mr. Brede .to approve the amendment to General Development Plan #73 with the staff -recommended findings and conditions. The motion carried 6-0. ditions: 1. Storm Water Management must be provided for this development. A Voluntary Storm Water Management fee will apply to any areas of this subdivision that when graded, do not drain to an approved detention facility. Z Prior to Final Plat submittal, the applicant shall enter in to a Development Agreement with the City that outlines the obligations of the applicant relating to, but not limited to, stormwater management, pedestrian facilities, no, dedication, and contributions for public infrastructure needed to serve this property. 3. The 8" water main and 20' public utility easement shall be relocated to extend to between Lot 24 & 25, Block 2 to better serve the high level area. Also with no roadway connection to the south, a 20' public utility easement and 8" water main loop are required through Outlot B . 4. Conditions on the dedication of parkland are as outlined in the attached memo from the Park 8 Rec Department dated August 21,2001. Planning Staff Recommendation: See attached taff report dated September 7, 2001. Page 2 RCA September 26, 2001 1. The Council may approve, approve with conditions, or deny the general development plan. The Council must make findings based on the criteria listed in Paragraph 61.215. 2. If the Council wishes to proceed with approval of the general development plan amendment as proposed, it should instruct the City Attorney to prepare a Resolution for Council approval. Attachments: 1. Staff Report dated September 7, 2001 2. Minutes of the September 12, 2001 CPZC Meeting Distribution: 1. City Administrator / City Clerk 2. City Attorney 3, Planning Department File 4. Planning Department GIS Division 5. Applicant: This item will be considered some time after 7:00 p.m. on Monday, October 1, 2001 in the Council/Board Chambers in the Government Center at 151 4th Street SE. 6. McGhie & Betts, Inc. E _ _: 1�•'� � ��1�� ♦�♦ ���1 ����� �� w nI : / ) ' - /n r lT i.'i. a <• `, ...7 %lt� y+fis li } \O TI IS j. i/ / •L�\( r y. L \� rbji C P / r 'l r: L Q /1 I t 'G'l"t,* r � .3 rr; + � t . I � �\�'. ..- • t� � � w-t7- - i%. Z\\its• / Ze 3`• �/ \fir �/ , >r ,✓4, .11 v Ui 7 / / wA Y- n ter; --- ;/ +•�./�?'-L� :. �"% `�;.,; r:' vo " i / i/n i ii (tii %J'1/1 / ad E :3�gaap•�•••�8888� fe Y3'S a �w 0-2 ROC TER-OLAISTED PLANNING DEPAIENT 2122 Campus Drive SE, Suite 7Do • Rochester, MN 55904-4744 CC U X. Y OF www.olmstedcounty.com/planning TO: City Planning and Zoning Commission FROM: Jeff Ellerbusch, Senior Planner DATE: September 7, 2001 RE: Amendment to General Development Plan #73, originally known as Conway-Dashow, now known as Glendale Hills. An amendment to this General Development Plan was filed in 1999, but was tabled before the CP&ZC at the applicant's request on June 9, 1999. Planning Department Review: ApplicanVOwner: Consultants: Glendale Partners of Rochester 511 Northern Hills Drive NE Rochester. MN 55906 McGhie & Betts, Inc. 1648 3rd Avenue SE Rochester. MN 55904 Size and Location: The former Conway-Dashow Development, now the Glendale and Glendale Hills Development contained a total of 68.19 acres of land. All but 21 acres has already been developed for residential housing in subdivisions known as Glendale, Glendale First Replat Glendale 2nd & 3 d, and Glendale Hills 1 ", 2nd and P. The remaining 21 undeveloped acres of the plan lies at the present end of Rocky Creek Dr. NE, east of Northern Valley Dr. NE and behind the homes on the south side of Glendale Hills Dr. NE. Development History: The Conway-Dashow development was approved as a GDP in 1978 and immediately platted in its entirety as Conway-Dashow Subdivision. This final plat layout was considered the General Development Plan for the property. The final plat of Conway-Dashow Subdivision was held back at the courthouse by the owners and was never recorded. The present applicant(s) subsequently acquired the entire Conway-Dashow property and began developing it as "Glendale" in 1987. The last plat called Glendale Hills BUILDING CODE 5071265.8213 • GIS/ADDRESSING/MAPPING 5071285-8232 • HOUSING/HRA 507/285-8224 ewe. PLANNING/ZONING 507/285-8232 • WELL/SEPTIC 507/285-8345 FAX 507/2B7-2275 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 2 MW • �� General Development Plan #73 Amendment September 7, 2001 Third was approved in 1997. The platting of the subdivisions to this point has generally followed the original design, however in Glendale Hills Second Subdivision (the northeast corner of the development) the applicant(s) were not required to provide a public street access to the vacant property to the north where Beverly Lane NE, a cul-de-sac, is now developed. Proposed Amended Use: The applicant(s) has proposed to develop the remaining 21 acres as a plat for single-family houses to be called "Glendale Hills Fourth". The proposed plat contains 37 single-family home lots located along an extension of Rocky Creek Dr. NE through the property or on a cul-de-sac to the north of Rocky Creek Dr. NE. The present plat also contains an outlot on the north side of the plat to be used as common open space for the development and another outlot south of Rocky Creek Dr. NE to be dedicated to the City for parkland and storm water management area. The original GDP had an additional cul-de-sac north of Rocky Creek Drive and a total of approximately 50 single family lots and one outlot south of Rocky Creek Dr. NE to be given to the City as open space. The original plan also showed a short street south of Rocky Creek Dr. NE to the south line of the development providing possible access to the land to the south owned by the Burks Family Limited Partnership. The plan as now proposed has one less cul-de-sac, approximately 13 fewer lots, a private open space, a public neighborhood park and no road connection to the south. Land Use Plan: The Rochester Urban Service Area Land Use Plan designates this property as suitable for "low density residential" types of development. Zoning: The property is currently zoned R-1 (Mixed Single Family) on the City of Rochester Zoning Map, Streets: The approved general development identifies two cut - de -sac roads extending north off of Rocky Creek Drive NE and one roadway extending south to the south property line. The proposal is to have only one roadway extending off of Rocky Creek Drive and no roadway extending to the south property line. Sidewalks: Sidewalk will be required on both sides of the roadways. Page 3 • • -4 General Development Plan #73 Amendment / September 7, 2001 Drainage: The General Development Plan identifies existing topography. The property generally drains to the southwesterly portion of the property. Detailed grading and drainage plans will be required when the property is platted or developed. Wetlands: The Soil Survey and National Wetland Indicator maps were reviewed for the presence of wetlands. A wetland delineation has been carried out for the property and is file with the Planning Department. The proposed development will grade, fill or otherwise disturb the identified wetlands on the site. The applicant has not filed a replacement plan for the wetlands on the property. Public Utilities: This area is within the High Level Water Service Area and can be provided with water main extensions from the north out of Glendale Hills Subdivision. Water mains in Rocky Creek Dr. NE will also be extended into the property from the main or intermediate level system. Sanitary sewer is in place at the present end of Rocky Creek Dr. NE. Parkland Dedication: When this plan was originally approved, no neighborhood parkland was identified and there was no dedication ordinance. In the review of the new plat for the property, the Park & Recreation Department stated that dedication requirements can be met via the dedication of Outlot B has indicated in the memorandum dated August 21, 2001 from the Rochester Park and Recreation Department. An undetermined portion of which could be used to park purposes following certain actions performed by the applicant. The amount of land that will qualify for park dedication will be dependent on any storm water pond, drainage ditch or pubic street that may be required to be built on the outlot. Referral Comments: 1. Rochester Public Works (see attached) 2. Rochester Park & Recreation (see attached) 3. RPU Water Division (see attached) Report Attachments: 1. Location Map 2. Copy of the Approved General Development Plan 3. Copy Area General Development Plan Compilation Map 4. Copy of the Proposed GDP Change(s) as Depicted by the Proposed Preliminary Plat of Glendale Hills Fourth 5. Topographic Map 6. Referral Comments (3) 7. Applicant(s) Letter (2 pages) Page 4 • • �/ / , General Development Plan #73 Amendment 0 ( J September 7, 2001 Summary: The changes to the original general development plan brought about by the proposed subdivision plat of Glendale Hills Fourth are mostly insignificant and therefore acceptable modifications merely reflecting changed conditions of the day. The deletion of the public street providing access to the property to the south is the only modification of significance. The applicant(s) in their letter state that the area south of Rocky Creek Drive is needed for storm water detention and to run a street through the area would divide the land in two pieces and create inefficient use of the property. They also point out that the potential development of the land to the south as house lots is questionable because of the severe limitations of the property due to geologic conditions, wetlands and steep slopes. Finally, they note that it is not clear at this time whether or not a proposed street connection can even be made given the steep conditions of the site. The potential development of the Burk Family Partnership property to the south of this plan is depicted on the Northern Heights East General Development Plan approved in 1989. The Payne Company developed the Northern Heights East subdivisions, but never acquired this remaining parcel for development since it had (and still has ) no street access. The area was shown for approximately 49 lots served by two intersecting cul-de-sacs off Northern Valley Dr. NE. The Northern Heights East GDP was prepared after the ConwaylDashow development was of record and before many of the physical limitations to development were well known. Their plan responded to the plan on file and showed a road connection to the stub street in the ConwaylDashow Plan, thereby linking the subdivisions by the local street system. Connecting neighboring developments is desirable and looks good on paper. When the public improvement project to complete the un-built link of Northern Valley Dr. NE is completed according to plans either this year or next, the Burk property will then have a public road access from which to develop. Without a road connection to the north into the Glendale area and Rocky Creek Dr. NE, the undeveloped Burk property will be limited by the LDM to a maximum of 30 lots if accessible only by a dead-end road. Because of the severe site limitations, the development of any more than 30 lots is improbable. If the proposed Outlot B is dedicated to the public and the developer extends the needed water mains through the proposed outlot to the south property line as recommended by the Water Department, the loss of the road connection could be found acceptable. The road connection would serve only a small area with ease of driving at a high price in both dollars and environmental modifications. There also is no guarantee that the road connection from the Burk property will or can be made. Pedestrian connections from the Burk property into the new parkland on Outlot B in the future will insure at least good pedestrian connectivity in the neighborhood. Staff Suggested Findings and Recommendation: Paragraph 61.215 of the Rochester Zoning Ordinance and Land Development Manual lists the criteria for approval of a general development plan (see attached section from the newly adopted regulations, which became affective May 15, 1999.) Page 5 • ��� General Development Plan #73 Amendment September 7, 2001 Criteria A. The proposed land uses are generally in accord with the adopted Comprehensive Plan and zoning map, or that the means for reconciling any differences have been addressed. A GDP may be processed simultaneously with a rezoning or plan amendment request. The proposed land uses within the GDP are consistent with the `low density residential" land use designation for the property and the R-1 zoning district. Criteria B. The proposed development, including its lot sizes, density, access and circulation are compatible with the existing and/or permissible future use of adjacent property. The preliminary plat, as recommended for approval, allows a development of comparable and compatible nature to the existing and planned to be developed area. Criteria C. The mix of housing is consistent with adopted Land Use and Housing Plans. The plan provides for no mix of housing since all the lots will be for single- family detached homes, the same as the surrounding areas. This criteria is not applicable in this case. Criteria D. The proposed plan makes provisions for planned capital improvements and streets reflected in the City of Rochester's current 6-Year Capital Improvement Program, adopted Thoroughfare Plan, the ROCOG Long -Range Transportation Plan, Official Maps, and any other public facilities plans adopted by the City. Street system improvements required to accommodate proposed land uses and projected background traffic are compatible with the existing uses and uses shown in the adopted Land Use Plan for the subject and adjacent properties. The proposed amended plan still provides for planned roadway improvements necessary to accommodate the projected traffic. A degree of neighborhood automobile connectivity is lost because the amendment removes the potential for a secondary public street connection between future plats, but the pedestrian connectivity can be more easily enhanced with the revised plan because of the inclusion of the neighborhood park. Criteria E. On and off -site public facilities are adequate, or will be adequate if the development is phased in, to serve the properties under consideration and will provide access to adjoining land in a manner that will allow development of those adjoining lands in accord with this ordinance. Street system adequacy shall be based on the street system's ability to safely accommodate trips from existing and planned land uses on the existing and proposed street system without creating safety hazards, generating auto stacking that blocks driveways or intersections, or disrupting traffic flow on any street, as identified in the traffic impact report, if required by Section 61.523(C). Capacity from improvements in the first 3 years of the 6-year CIP shall be included in the assessment of adequacy. The GDP amendment as proposed demands less roadway capacity than presently planned since there will be some 13 fewer homes Page 6 • �j '�j General Development Plan #73 Amendment D p( September 7, 2001 developed in the area. The adjoining lands will still be allowed to develop at a level in accord with the present ordinance and appropriate environmental and engineering restrictions. 2. Utilities are now available to directly serve the area of the proposed land use, or that the City of Rochester is planning for the extension of utilities to serve the area of the proposed development and such utilities are in the first three years of the City's current 6-Year Capital Improvements Program, or that other arrangements (contractual, development agreement, performance bond, etc.) have been made to ensure that adequate utilities will be available concurrently with development. If needed utilities will not be available concurrent with the proposed development, the applicant for the development approval shall stipulate to a condition that no development will occur and no further development permit will be issued until concurrency has been evidenced. Services are, or will be available to serve this property. This area is within the High Level Water Service Area. The RPU —Water Division has commented that the 20' public utility easement and 8" water main loop shown through Outlot A and Lots 17 & 18, Block 2 should be relocated to extend to between Lot 24 & 25, Block 2 to better serve the high level area. Also with no roadway connection to the south, a 20' public utility easement and 8" water main loop are required through Outlot B. 3. The adequacy of other public facilities shall be based on the level of service standards in Section 64.130 and the proposed phasing plan for development. Sidewalk will be required on both sides of all new public roadways. Storm Water Management must be provided for this development. A Voluntary Storm Water Management fee will apply to any areas of this subdivision that, when graded, do not drain to an approved private detention facility. The road system in the area will soon be greatly improved with the completion of the connections for bothe Rocky Creek Dr. NE and Northern Valley Dr. NE. Criteria F. The drainage, erosion, and construction in the area can be handled through normal engineering and construction practices, or that, at the time of land subdivision, a more detailed investigation of these matters will be provided to solve unusual problems that have been identified. Storm Water Management must be Voluntary Storm Water Management subdivision that, when graded, do i provided for this development. A fee will apply to any areas of this Pot drain to an approved detention facility. The amended plan better provides an area for a potential storm water management facility. Page 7 • `/ General Development Plan #73 Amendment D September 7, 2001 Criteria G. The lot, block, and street layout for all development and the lot density for residential development are consistent with the subdivision design standards contained in Section 64.100 and compatible with existing and planned development of adjacent parcels. The total amended area of the general development plan has been evaluated for conformance with Section 64.100since it was submitted as a preliminary plat and it is being considered simultaneously with this amendment action. Based on the recommended conditions on the preliminary plat, this amendment is consistent with the criteria. Recommendation: Staff recommends the following conditions or modifications to assure compliance with the Rochester Zoning Ordinance and Land Development Manual and applicable criteria: 1. Storm Water Management must be provided for this development A Voluntary Storm Water Management fee will apply to any areas of this subdivision that when graded, do not drain to an approved detention facility. 2. Prior to Final Plat submittal, the applicant shall enter into a Development Agreement with the City that outlines the obligations of the applicant, relating to, but not limited to, stormwater management pedestrian facilities, right-of-way dedication, and contributions for public infrastructure needed to serve this property. 3. The 8" water main and 20' public utility easement shall be relocated to extend to between Lot 24 8 25, Block 2 to better serve the high level area. Also with no roadway connection to the south, a 20' public utility easement and 8" water main loop are required through Outlot B . 4. Conditions on the dedication of parkland areas outlined in the attached memo from the Park 8 Rec. Department dated August 21, 2001. • <2 Y Page 8 General Development Plan #73 Amendment September 7, 2001 Criteria for Approval of a General Development Plan In approving a General Development Plan, the Council shall make each of the following findings: A. The proposed land uses are generally in accord with the adopted Comprehensive Plan and zoning map, or that the means for reconciling any differences have been addressed. A GDP may be processed simultaneously with a rezoning or plan amendment request. B. The proposed development, including its lot sizes, density, access and circulation are compatible with the existing and/or permissible future use of adjacent property. C. The mix of housing is consistent with adopted Land Use and Housing Plans. D. The proposed plan makes provisions for planned capital improvements and streets reflected in the City of Rochester's current 6-Year Capital Improvement Program, adopted Thoroughfare Plan, the ROCOG Long -Range Transportation Plan, Official Maps, and any other public facilities plans adopted by the City. Street system improvements required to accommodate proposed land uses and projected background traffic are compatible with the existing uses and uses shown in the adopted Land Use Plan for the subject and adjacent properties. E. On and off -site public facilities are adequate, or will be adequate if the development is phased in, to serve the properties under consideration and will provide access to adjoining land in a manner that will allow development of those adjoining lands in accord with this ordinance. 3. Street system adequacy shall be based on the street system's ability to safely accommodate trips from existing and planned land uses on the existing and proposed street system without creating safety hazards, generating auto stacking that blocks driveways or intersections, or disrupting traffic flow on any street, as identified in the traffic impact report, if required by Section 61.523(C). Capacity from improvements in the first 3 years of the 6-year CIP shall be included in the assessment of adequacy. Utilities are now available to directly serve the area of the proposed land use, or that the City of Rochester is planning for the extension of utilities to serve the area of the proposed development and such utilities are in the first three years of the City's current 6-Year Capital Improvements Program, or that other arrangements (contractual, development agreement, performance bond, etc.) have been made to ensure that adequate utilities will be available concurrently with development. If needed utilities will not be available concurrent with the proposed development, the applicant for the development approval shall stipulate to a condition that no development will occur and no further development permit will be issued until concurrency has been evidenced. 3. The adequacy of other public facilities shall be based on the level of service standards in Section 64.130 and the proposed phasing plan for development. Page 9 • General Development Plan #73 Amendment September 7, 2001 F. The drainage, erosion, and construction in the area can be handled through normal engineering and construction practices, or that, at the time of land subdivision, a more detailed investigation of these matters will be provided to solve unusual problems that have been identified. G. The lot, block, and street layout for all development and the lot density for residential development are consistent with the subdivision design standards contained in Section 64.100 and compatible with existing and planned development of adjacent parcels. n • ROCHESTER /V /inneeo to TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 ow FROM: Mark E. Baker DATE: 8/31/01 DEPARTMENT OF PUBLIC WORKS 201 40 Street SE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX — 507-281-6216 The Department of Public Works has reviewed the application for Preliminary Plat #99- 25.on the Glendale Hills Fourth property. The following are Public Works comments on the proposal: 1. Approval of Grading, Drainage, and Construction Plans, are required prior to Final Plat submittal for this development. 2. The applicant shall enter into a development agreement with the City that outlines the obligations of the applicant relating to, but not limited to; stormwater management, park dedication, traffic improvements, maintenance of Outlots, pedestrian facilities, right-of-way dedication, and contributions for public infrastructure. 3. A City / Owner Contract must be executed prior to development of this property, to address the construction of all public infrastructure and utilities to serve this subdivision. 4. Pedestrian facilities shall be constructed concurrent with this development, at the Owner's expense, along the entire frontage (including Outlots) of both sides of all new public streets within this subdivision. 5. The long-term ownership and maintenance of Outlots 'A' & 'B' needs to be addressed. Unless public dedication is accepted by the City, the Owner is required to execute a Maintenance & Ownership Declaration Agreement prior to Final Plat approval. Access must also be provided for Outlot A 6. Preliminary Construction Plan comments will be provided separately to the Developer's Engineer. C:IWINDOWS1Temporary Internet Files%0LKB0221PP99-25 Glendale Hills Qh GDP73 Amend.doc kale- I • ROCHESTER /f/innedofa TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FFR`OM: Mark E. Baker 59 DEPARTMENT OF PUBLIC WORKS 201 4" Street SE Room 108 Rochester, MN 55904-3740 507.287-7800 FAX — 507-281-6216 Charges/fees applicable to the development of this property will be addressed in the Development Agreement, and include: Sewer Availability Charge (SAC) @ $1709.90 per developable acre S J9288 Tower @ $1,021.46 per acre + 7.5% interest from 5/4/98 Stormwater Management (if on -site detention is not provided) r Contribution for First Seal Coat @ $0.47 per square yard of roadway surface Traffic Signs as determined by the City of Rochester Traffic Division (2 street signs) Note: This Property has previously been assessed, and paid charges for the J9109 Trunkline Storm Sewer Project C:NWINDOWSNTemporary Internet F1les10LK802ZPP99-25 Glendale Hllls 4th GDP73 Amend.doc pafle 7- ROCHESTER PARK ANDOXREATION DEPARTMENT 201 FOURTH STREET SE ROCHESTER MINNESOTA 55904-3769 S9 TELE 507-281-6160 FAX 507-281-6165 MEMORANDUM DATE: August 21, 2001 TO: Jennifer Garness Planning RE: Glendale Hills 4th Preliminary Plat #99-25 Acreage of plat.......................................................... 21.0 acres Number of dwelling units ............................................. 37 units Dwelling unit density ................................................... 1.76 units/a Density factor............................................................ .0244 Dedication............................................................... .90 acres Fair market value of land ............................................. NA The Park and Recreation Department recommends that dedication requirements be met via: Dedication of 4.43 Outlot B.... an undetermined portion of which could be used for park purposes following certain actions performed by the applicant. The amount of land that will qualify for park dedication will be dependent on any storm water pond, drainage ditch or public street that may be required to be built on the outlot. In order for a portion of Outlot B to qualify for dedication the applicant must: 1. Remove existing tree debris pile located on Outlot B 2. Remove or bury existing rock rubble piled on Outlot B 3. Provide cover of 6" of topsoil and seed all disturbed areas on qualifying portions of Outlot B 0:\DSTOTZ\2001\DEDICATION\NE 2896\GLENDALE HILLS 4TH.DOC S9 iue fledge, we deliver August 20, 2001 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: Preliminary Plat #99-25 by Robert Gill and Richard Hexum to be known as Glendale Hills 4`h and an amendment to General Development plan #73. Dear 1VIs. Gamess: Our review of the referenced preliminary plat is complete and our comments follow: 1. The 20' public utility easement and 8" water main loop shown through Outlot 'A' and Lots 17 & 18, Block 2 should be relocated to extend to between lots 24 & 25, Block 2 to better serve the high level area. 2. With the absence of a public roadway connection to the property to the south a 20' public utility easement and 8" water main loop are required through Outlot 'B', Block 1 to extend to the south plat limits for a needed intermediate level loop to the property to the south. 3. The alignment for these loops and other minor revisions to the proposed water system layout have been provided to the applicant's engineering firm for incorporation into the final plans. 4. The homes that are served from the high level system that have main floor elevations below elevation 1135-(approx. 95 PSI) will -require -the installation of individual pressure reducing devices by the builders. Please contact us at 507-280-1600 if you have questions. Very truly yours, "44A 1 "�� Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Mike Glenzinski, City Public Works Vance Swisher, Fire Prevention Bureau Glendale Partners McGhie & Betts, Inc. Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 r" FA R o c h e s t e r August 7, 2001 Minnesota Ms. Mitzi Baker Consolidated Planning Department 2122 SE Campus Dr. Land Surveying Rochester, MN 55904 Urban - Land Planning Re: Removing Glendale Hills 4 h from the (Continued Status) Consulting -Civil Engineering Submitting a revised preliminary plat/Amended GDP Geotechnical Engineering Dear Ms. Baker: Construction Material Testing On behalf of our client, Glendale Partners of Rochester, we would like to Landscape Architecture submit a revised Preliminary Plat/Amended General Development Plan for Glendale Hills 4 h and have these new plans reviewed and placed on the September 12, 2001 Planning and Zoning Board Meeting for a public hearing. • We would like to request the previous submittal to be "untabled". Our submittal package includes: i. Nine (9) full sized copies of the Preliminary Plat. 2. One (1) reduced copy of the Preliminary Plat. 3. Nine (9) copies of street plans and profiles. 4. Applications and fees were already submitted. Resolved Issues for Glendale Hills 4th Many issues have been resolved concerning this Preliminary Plat during the last few months. Preserving the existing delineated wetlands and working with the steep topography of the site have all been addressed. The remaining issue for this plat is eliminating the extension of Rocky Creek Lane N.E. to make a north/south connection for this area. The revised Glendale Hills Fourth Preliminary Plat proposes to use all of the property south of Rocky Creek Drive N.E. as either a regional detention basin or parkland. The final grading with exact locations for these uses has not been determined. However, it is our position that this area is needed for detention, 1648 Third Avenue S.E. to continue Rocky Creek Lane at its current location would effectively cut any Rochester, MN 55904 detention or parkland in half, resulting in a very inefficient use of this Tel. 507.289.3919 remaining property. Fax. 507.289.7333 e-mail. mcghiebetts.00m Established 1946 In addition, the land to the south of this piece is currently zoned R-1 and at some time could develop with additional single-family lots. However, this site has many geological, wetland, and topographic constraints to deal with as well. It is not clear, at this time, whether or not a proposed street connection could even be made given the steep slopes of our site with the site to the south. It is clear that in order to develop the site to the south, a considerable amount of time and effort will have to be made to reshape the land to allow for R-1 land uses. Should you have any questions or comments regarding the above information please do not hesitate to call. Yours very truly, McGhie & Betts, Inc. Kristi Clarke, Planner-- -- - — - KLC/klc Attachment PC Glendale Partners of Rochester Page 8 i • CityPlanning and Zoning Comrmssion Minutes Hearing Date: September 12, 2001 The applicant's representative, Mr. Tom Hexum, addressed the Commission. He stated that the area between the developments would probably be common open space 50 feet wide along the common line. Ms. Wiesner moved to recommend ap o al of Zoning District Amendment #01-09 by R.L. Hexum and Associates based on Offrecommended findings. Mr. Burke seconded the motion. The motion carried 6-0. Amendment to General Development Plan #73 known as Conway-Dashow/Glendale Hills. `, , The applicant Glendale Partners of Rochester, is proposing to eliminate a roadway �/(r connection to the south that was identified on the approved General Development Plan. The property is located east of Glendale Hills Third Subdivision and south of Glendale Hills and Glendale Hills Second subdivisions including Glendale Hills Drive NE. Mr. Jeff Ellerbusch presented the staff report, dated September 7, 2001, to the Commission. The staff report is on file at the Rochester -Olmsted Planning Department. Mr. Ellerbusch explained the history of the original general development plan. Mr. Ellerbusch stated that the Commission needed to decide whether or not the development needed to provide access to the southerly undeveloped property. He stated that some of the arguments for not connecting is that it is too steep and charged with wetlands. Mr. Ellerbusch stated that you must have two access points into a development if more than 30 homes were constructed. He explained that the present plan for the site would not be constructed as previously planned. Therefore, one access could be appropriate. Mr. Ellerbusch suggested a pedestrian connection to the undeveloped property to the south. Mr. Burke stated that there were not any comments made with regard to decorah shale being on the property. Mr. Ellerbusch stated that some of the area that has already been developed is much steeper, but that the shale maps had not been investigated. The applicant's representative, Ms. Kristi Clarke, of McGhie and Betts, Inc., addressed the Commission. She stated that there are wetlands located in the potential connection to the undeveloped land to the south. She stated that Outlot A had very steep slopes. She indicated that Outlot B would have retention ponds. She stated that they have reduced the original plan by 17 lots. She stated that they are in the process of working on the wetland replacement plans. Mr. Brede asked how many lots would be developed. Ms. Clarke responded 37 lots. She stated that the applicant did not have any objections to the staff -recommended conditions. With no one else wishing to be heard, Ms. Petersson closed the public hearing. 'Mf.,Burk1 moved::to recommend a `royal of Ainendment,to General`Develo'irient'Plan Page 9 ' City Planning and Zoning Conunission Minutes 1�J 2 Hearing Date: September 12, 2001 #73 known as Conway-Dashow/Glendale Hills based on the staff -recommended findings and conditions. Mr. Brede seconded the motion. The motion carried 6-0. CONDITIONS: 1. Storm Water Management must be provided for this development. A Voluntary Storm Water Management fee will apply to any areas of this subdivision that, when graded, do not drain to an approved detention facility. 2. Prior to Final Plat submittal, the applicant shall enter in to a Development Agreement with the City that outlines the obligations of the applicant, relating to, but not limited to, stormwater management, pedestrian facilities, right-of-way dedication, and contributions for public infrastructure needed to serve this property. 3. The 8" water main and 20' public utility easement shall be relocated to extend to between Lot 24 & 25, Block 2 to better serve the high level area. Also with no roadway connection to the south, a 20' public utility easement and 8" water main loop are required through Outlot B . 4. Conditions on the dedication of parkland are as outlined in the attached memo from the Park & Rec. Department dated August 21, 2001. 37 1 dec Mr. Jeff Ellerbusch pr0N The staff report is on file r Mr. Brede asked if Outlot B the staff report, dated Rochester -Olmsted Mr. Ellerbusch showed where it was attached :1 ember 5, 2001. to the Commission. ng Department. park on the west side. The applicant's representative, Ms. Kris ke, of McGhie and Betts, Inc., addressed the Commission. She stated that the app' nt di of have any objections with the recommended conditions. Mr. Kurt Claussen, of 1217 Roc Creek Drive NE, R ester MN, addressed the Commission. He stated that the public utiliti comments suggested th 'f homes are served by the high water level system and the in floor elevation is below 11 they would require the installation of individual pr sure reducing devices. He asked i e would need to obtain such a device as well. Mr. Wheeler expla/hiis hat over 1100 feet there is a high water system tFN is different from under 1100 feet wserviceable by a lower level water system. He stated that if he was below 1100 feet, tre served by a different water tower. REQUEST FOR COUNCIL ACTION MEETING IF/ / DATE 10-1-01 AGENDA SECTION: PUBLIC HEARINGS NATING DEPT: ITEM NO. PLANNING `- =M DESCRIPTION: Land Subdivision Permit - Preliminary Plat #99-25 known as Glendale PREPARED BY: Hills Fourth by Glendale Partners of Rochester (Gill/Hexum). The plat is located at the Jeff Ellerbusch, present end of Rocky Creek Dr NE east of Northern Valley Dr NE. The plat contains 21 Senior Planner acres of land to be subdivided into 37 lots for single family homes and two outlots. September 26, 2001 City Plannina and Zoning Commission Recommendation: The City Planning and Zoning Commission held a public hearing on September 12, 2001 to consider this preliminary plat to allow for 37 lots for residential development. The Commission also held a hearing on a GDP amendment for the applicable Conway-Dashow/ Glendale plan. The applicant's representative, Kristie Clarke of McGhie & Betts, addressed the Commission and stated that the applicant agrees with the conditions. The Planning Commission found that this preliminary plat conforms to the criteria listed in the Land Development Manual and recommends approval of this preliminary plat with the following modifications or conditions: 1. Revise the preliminary plat to address the comments from the Water Department in their attached memo dated August 20, 2001 to modify the location of the high level water connection and the looping or connection to the property to the south. . 2. The requirements for parkland dedication be met according to the recommendations of the Park & Recreation Department in their attached memo dated August 21, 2001. 3. The applicant(s) apply for and receive approval of a wetland replacement plan prior to Council approval of a final plat for this property. 4. As referenced in the attached memo from Rochester Public Works dated August 31, 2001, pedestrian facilities shall be constructed concurrent with this development along the frontage of Outlot B and along all other street frontages as required by ordinance. 5. The applicant(s) shall enter into a development agreement with the City as recommended by Public Works. 6. Modify the boundaries of Lot 9, Block 1, of the preliminary plat to insure that the lot and all others remain in conformance with the minimum lot width of 60 feet at the front building line - 25 feet back from the front lot line. 7. Only one shared driveway centered on the common fine of the two adjacent flag lots at the end of Rocky Creek Ln. should be permitted. There is insufficient frontage to locate curb cut for two separate driveways along the street. The applicant(s) should provide for recording with the final plat the private shared driveway easement for the flag lots - Lots 10 & 11, Block 2. The width and construction of the shared driveway proper shall be acceptable to the Rochester Fire Department. The width of the easement should be the combined width of the two tails or poles of the flag lots. If an additional fire hydrant is deemed necessary by the Fire Department because of the distance from the public street to the house sites it should be provided. 8. The common ownership documents for Outlet A should be provided to the City for recording with the final plat. The documents shall insure continued maintenance of and access to the property, provide a responsible party for assumption of liability and property tax payment and the protection of the public interest. The documents shall be reviewed and found acceptable to the Rochester City Attorney before recordation. Ms. Wiesner moved to recommend approval of Preliminary Plat #99-25 to be known as Glendale Hills Fourth with staff -recommended conditions and findings and the stipulation that the developer take into consideration that Decorah edge geologic conditions may be present. Mr. Staver seconded the motion. The motion carried 6-0. t,L)UNCILACTION: Motion by: sewndbv: to: �!I I j4 -+ � �\—/—\|$' ■| k k ! zzlZ �r § ■ � 2; z. e \ ƒ� d � '� � e� r,:.• m y4, _ '' yea h� � � T7 r' , 7 I Is;^ � .. 1• I I: .mx i Ftl a MEN :9.001 o e1 MAN7 ' i ism' � CW,,.......,.I ,'�i �._.._._... ................ `Tory,'.". .xio� .. --/ -� 7f i8.,•. .; u �c sY; Y•,�0 a e o ' I LOCKt 1' y 9 y v� I d •'ay. I Oi tl g � a f"n is ° _ •' m ,,: . C � f _ PA ♦ /� ZI m ;em�u `� Y � S W � It +h ♦ / m .� Ba B 0 — is '� — �be' a 6 - t N I YU - d B O N m' 9a � �� en, .' I • -'�• B u A y'm P B"W Day "• L "�41 9 Y Y 3 ,, � ' � • � N � '` , a f y' a p' • I i E •Ts a."r —Ilb• i B '' N � u rj • � 7Y 1 W .{ p my 3 u eP 8 •N b '3 i t: i- N� . -ia :T f �•. a/ omit q a a � V � qp - 0i T �� ate, • "+�� � - '� � y ®' r�1L D . '.- ws l_w .Y- Y' Na, •y �9v #Pill •=..eta ®m �` ��� P�•mW� —�..8 ��j�•N. ? /_� Cb AN - 7 S .• ;a s r Page 2 / O RCA / September 26, 2001 Council Action Needed: 1) The Council may approve, approve with conditions, or deny the land subdivision permit. The Council must make findings of fact based on the criteria included in the staff report. A motion to deny must include supporting reasons for a conclusion that at least one of the fifteen findings for denial in Paragraph 61.225 can be made. Planning Department Recommendation: As recommended by the CP&ZC and found in the attached staff report dated September 5, 2001. Attachments: 1. Staff Report dated September 5, 2001 2. Minutes of the September 12, 2001 CPZC Meeting Distribution: 1. City Administrator 2. City Clerk 3. City Attorney Planning Department File Planning Department GIS Division V. Applicant: This item will be considered sometime after 7:00 p.m. on Chambers at the Government Center, 151 4th Street SE. 7. McGhie & Betts, Inc. Monday, October 1, 2001, in the Council/Board Page 9 City Planning and Zoning Commission Minutes / Hearing Date: September 12, 2001 #73 known as Conway-Dashow/G endaIe Hills based on the staff -recc and conditions. Mr. Brede secon d the motion. The motion carried CONDITIONS; 1. Storm Water Management must be ovided for this de opment Water Management fee will apply to y areas of this bdivision do not drain to an approved detention < 2. Prior to Final Plat submittal, the applican with the City that outlines the obligations to, stormwater management, pedestrian contributions for public infrastructure findings A Voluntary Storm that, when graded, <heter in toa DevelopmentAgreement pplicant,relatingto, butnot limited right-of-waydedication, and serve this property. 3. The 8" water main and 20' public ility easeme shall be relocated to extend to between Lot 24 & 25, Block 2 t ener serve the h h level area Also with no roadway connection to the th, a 20' public utilit easement and 8" water main loop are required through Out] B 4. Conditions on the d cation of parkland are as outline the attached memo from the Park & Rec. D artment dated August 21, 2001. Preliminary Plat #99-25 to be known as Glendale Hills 4th by Glendale Partners of Rochester. The applicant is proposing to subdivide approximately 21 acres of land into 37 lots for single family development and two Outlots. The plat also proposes to dedicate right-of-way for the continuation of Rocky Creek Drive and also for a cul-de-sac roadway. The property is located east of Glendale Hills Third Subdivision and south of Glendale Hills and Glendale Hills Second subdivisions including Glendale Hills Drive NE. Mr. Jeff Ellerbusch presented the staff report, dated September 5, 2001, to the Commission. The staff report is on file at the Rochester -Olmsted Planning Department. Mr. Brede asked if Outlot B ultimately attached to a park on the west side. Mr. Ellerbusch showed where it was located. The applicant's representative, Ms. Kristi Clarke, of McGhie and Betts, Inc., addressed the Commission. She stated that the applicant did not have any objections with the recommended conditions. Mr. Kurt Claussen, of 1217 Rocky Creek Drive NE, Rochester MN, addressed the Commission. He stated that the public utilities comments suggested that if homes are served by the high water level system and the main floor elevation is below 1135, they would require the installation of individual pressure reducing devices. He asked if he would need to obtain such a device as well. Mr. Wheeler explained that over 1100 feet there is a high water system that is different from under 1100 feet which is serviceable by a lower level water system. He stated that if he was below 1100 feet, they are served by a different water tower. Page 10 0 • „ i , City Planning and Zoning Commission Minutes /� U Hearing Date: September 12, 2001 With no one else wishing to be heard, Ms. Petersson closed the public hearing. Ms. Wiesner moved to recommend approval of Preliminary Plat #99-25 to be known as Glendale Hills 4'h based on staff -recommended conditions. Mr. Staver seconded the motion. Mr. Burke asked Ms. Wiesner if she wanted to add a stipulation that, if there is any decorah shale in the connection, that they follow all recommendations as far as the water line through that area. Ms. Wiesner responded yes. Mr. Staver stated that he agreed, since he seconded the motion. 2. The requirements fc 31, 2001, Oedt developmeni required byoi ipulation.. rated ugust [u, �uu�ao moai. y, ine iocauon oTAne mgn.:,,. nd,the looping or connection to the property to the south. rkland dedication be met according to the Park&`R4.ecreation Department in their attached memo IN3i yy��rr 0.0 y(1X W l h J^y� Y ate; ^�'Fi Page I • • City Planning and Zoning Commission Minutes Hearing Date: September 12, 2001 O/ necessary by the Fire Department because of the distance from the public street to the house sites it should be provided. 8. The common ownership documents for Outlot A should be provided to the City for recording with the final plat. The documents shall insure continued maintenance of and access to the property, provide a responsible party for assumption of liability and property tax payment and the protection of the public interest. The documents shall be reviewed and found acceptable to the Rochester City Attorney before recordation. PUBLIC HEARINGS: SW Mr. Jeff Ellerbusc resented the staff report, dated September , 2001, to the Commission. The staff report is on le at the Rochester -Olmsted Planning epartment. Ms. Wiesner asked if the ould have townhome lots that re 14 feet wide. Mr. Ellerbusch responded yes, ut in fact the narrowe lot is 16 feet wide. The applicant's representative, Ms. risti Clarke, of cGhie and Betts, Inc., addressed the Commission. She explained that the would be ared driveways and that there was a 35 foot setback. Ms. Clarke stated that the applicant does conditions. With no one else wishing to be heard, Ms. Wiesner moved to recc Development to be known Mr. Staver seconded the mi CONDITIONS 1 TheuPlat shall bdWr any objections to the staff -recommended Peterson closed the public hearing. of of PrqINIiaary Plat #01-35 by All Pointe Eighth wit tall- recommended conditions. on carrieii 8- ; . 3l .ar 4Y h"Y L un ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 Campus Drive SE, Suite 100 - Rochester, MN 55904-4744 COUNTY OF www.olmstedcounty.com/planning TO: City Planning and Zoning Commission FROM: Jeff Ellerbusch, Senior Planner DATE: September 5, 2001 RE: Type III, Phase ll, Land Subdivision Permit (Preliminary Plat) #99-25 to be known as Glendale Hills 4`h. This preliminary plat was tabled before the CP&ZC at the applicant's request on June 9, 1999. The property is located east of the present end of Rocky Creek Dr. NE easterly of Northern Valley Dr. NE Planning Department Review: ApplicanVOwner: Glendale Partners of Rochester 511 Northern Hills Drive NE Rochester, MN 55906 Surveyors/Engineers: McGhie & Betts, Inc. 1648 3rd Avenue SE Rochester, MN 55904 Referral Comments: 1. Park and Rec. Department 2. Rochester Public Works Department 3. Planning Dept. - Wetlands 4. RPU - Water Division Report Attachments: 1. Referral Comments (4) 2. Letter from McGhie & Betts 3. Location Map 4. Copy of Preliminary Plat 5. Copy of the Conway-Dashow, final plat 6. Copy of GDP Map Compilation 7. Copy of Topographic Map of the Area Development Review: Location of Property: The property is located east of Glendale Hills Third Subdivision and south of Glendale Hills and Glendale Hills Second subdivisions. The property is accessible from the present end of Rocky Creek Dr. NE, east of Northern Valley Dr. NE. The property is almost entirely wooded, Zoning: The property is zoned R-1 (Mixed Single Family) on the City of Rochester Zoning Map. Proposed Development: This proposed development now subdivides 21 acres of BUILDING CODE 50W285-8213 - GIS/ADDRESSING/MAPPING 507/285-8232 - HOUSING/HRA 507/285-6224 PLANNING/ZONING 507/285-8232 - WELUSEPTIC 507/285-8345 FAX 507/287-2275 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER IN Page 2 - Preliminary Plat 99-25 /�� Glendale Hills 4"' September 7, 2001 land into 37 lots for single-family detached homes and creates two outlots. The plat has a density of 1.76 units per acre. The plat as submitted in 1999 contained no outlots and only 35 lots for homes. All residential lots in the plat exceed the minimum lot area requirement of 6,000 square feet. There are two flag lots in the plat at the end of the cul-de-sac. The LDM in Section 64.113 (c) allows up to 5% of the lots in a development to be flag lots, or in this plat a maximum of two as proposed. Lot 9, Block 2, next to the flag lots, does not meet the minimum width at the building line (front yard setback of 25') of 60 feet. Outlot A has been determined by the applicant(s) as too steep for development. The proposal is to have the lot owners in the subdivision own this outlot as common open space. Outlot B of the plat is proposed to be dedicated to the City as the site of a neighborhood park and possibly a storm water sedimentation area. Roadways: This plat proposes to dedicate right-of-way for two roadways. "Rocky Creek Drive NE" will be extended through the entire width of this property. It is a "major local" designed street with 60' of right-of-way and a 36' wide paved section. The proposed roadway has a maximum grade of 7.5%. Rocky Creek Dr. NE will eventually continue to the east and connect with the existing section of Rocky Creek Drive NE off East Circle Dr. NE in the Northern Heights North Subdivisions. The construction of the remainder of Rocky Creek Drive NE to connect it with the present end in Northern Heights North Second is part of a "public" road project. That same "public" project will also construct the incomplete section of Northern Valley Dr. NE. The other roadway named "Rocky Creek Lane NE" is a cul-de-sac on a wide 60' right-of-way with the same 36' wide pavement as found on Rocky Creek Dr. NE. It is located to the north of Rocky Creek Dr. NE and extends northeasterly toward the corner of the plat. It is 930 feet in length and provides access to as many as 19 lots in the plat. This road has a maximum grade of 7.1 %. It is long enough to have a mid -block walkway, but in this case there is no other pedestrian facilities with which to connect or another block to link. Pedestrian Facilities: Pedestrian facilities are required and will be provided Page 3 /V ZI Preliminary Plat 99-25 Glendale Hills 4"i September 7, 2001 along both sides of all new roads in this plat. Drainage: The property generally drains to the southwest portion of the site. Elevations range from 1190' in the northeast corner to 1080' in the southwest. The entire length of Rocky Creek Dr. NE in this plats drains westerly. Rocky Creek Ln. NE drains south to Rocky Creek Dr. NE. Storm sewer pipes daylight on Outlot B directly south of where the streets intersect in the plat. The plat states this storm water will be directed to a regional pond. Drainage leaves the southwest corner of Outlot B where it is directed by culverts to the lined ditch in the rear of the existing homes along the south side of Rocky Creek Dr. NE. Grading and drainage plans will need to be approved by the City Public Works Department prior to the submittal of the final plat. Storm Water Management must be provided for the development of this property. Wetlands: The Soil Survey and National Wetland Indicator Maps were reviewed and they showed the potential for the presence of wetlands. A wetland delineation has been carried out for the property by the applicant(s) and is on file with the Planning Department. The plat document shows the location of the two delineated wetlands on the lots at the end of the cul-de-sac and along the alignment of Rocky Creek Dr. NE from Lot 22, Block 2 to the east property line. No application for a replacement plan has been made for this property. No grading, filling or degradation of the delineated wetland area can occur until a replacement plan has been adopted. The process of reviewing the wetland replacement plan could result in modifications to the plat as proposed, so it is very important that the applicant(s) address this issues as soon as possible. Public Utilities: This area is within the High Level Water Service Area served by a connection from the Glendale Hills Second Subdivision to the north across Outlot A. Water mains are also extended into the plat from the present end of Rocky Creek Dr. NE The RPU —Water Division has commented that the 20' public utility easement and 8" water main loop shown through Outlot A and between Lots 17 & 18, Block 2 should be relocated to extend to between Lot 24 & 25, Block 2 to better serve the high level area. Homes in this plat that have main floor Page 4 - Preliminary Plat 99-25 Glendale Hills 0 September 7, 2001 elevations below 1135' MSL will require the installation of individual pressure reducing devices at the time of construction. Also with no roadway connection shown to the south, a 20' public utility easement and 8" water main loop are required through Outlot B to the south property line to provide water service to the undeveloped land to the south. Sanitary sewer is available to the property via an extension of mains at the end of Rocky Creek Dr. NE. Water and sewer mains will be extended to the east property line of this plat in Rocky Creek Dr. NE. Spillover Parking: As per Section 63.426 of the LDM, all residential development must provide spillover parking for service vehicles and visitors. This development requires 45 spillover parking stalls (1.2 spaces per house). All roads in this plat are wide enough to provide on -street parking on both sides, so the spillover requirement is readily met by street and potential off-street parking. Parkland Dedication: The Park & Recreation Department stated that dedication requirements can be met via the dedication of Outlot B has indicated in the memorandum dated August 21, 2001. An undetermined portion of which could be used to park purposes following certain actions performed by the applicant. The amount of land that will qualify for park dedication will be dependent on any storm water pond, drainage ditch or pubic street that may be required to be built on the outlot. In order for a portion of Outlot B to qualify for dedication as parkland, the applicant must remove the tree debris pile on the site, remove or bury the existing rock pile, provide cover of at least 6' of topsoil and seed all disturbed areas on the parkland qualifying portion of the site. General Development Plan: This preliminary plat is now the final phase of a 68.19 acre General Development Plan proposed and adopted by the City back in 1978. The GDP and the proposed plat was originally known as the "Conway-Dashow Subdivision". The entire GDP was in fact platted as Conway-Dashow Subdivision, but for years the final plat remained unrecorded. The present developers purchased the whole development, changed the name to "Glendale" (later Glendale Hills) and began platting the area in 1987. The original GDP had an east -west street all along the entire south line of this preliminary plat and the subsequent final plat of Conway-Dashow Subdivision was slightly different, platting a stub street to the south 5 Page 5 • • Preliminary Plat 99-25 Glendale Hills Hills 4`h *4s September 7, 2001 lot line off Rocky Creek Dr. NE. This platted stub street provided potential access and a utility route to the then and still undeveloped land to the south owned by the Burks Family Partnership. The Burk property was subsequently developed in part as the Northern Heights East Subdivisions. The present undeveloped property south of this plat is the only remaining unplatted land from the original Northern Heights East development. The applicants have not provided this stub street in this plat. They have requested an amendment to the Conway-Dashow GDP that is being considered concurrently with this preliminary plat. A copy of the original Conway-Dashow plat and an compiled map of the General Development Plans in the area is attached. Staff Review and Recommendation: Section 61.225 of the Land Development Manual lists the findings which must be considered by the Planning Commission and the Council when reviewing a land subdivision permit application. This section is attached for your information. If the City agrees, through consideration of the proposed GDP Amendment that this plat does not need to provide public street access to the south of Rocky Creek Drive NE, the evaluation of this plat would be as follows: The Planning staff has reviewed this preliminary plat request for compliance with the Rochester Zoning Ordinance and Land Development Manual including Section 61.225 of the LDM. The staff recommends approval with the following conditions / modifications: 1. Revise the preliminary plat to address the comments from the Water Department in their attached memo dated August 20, 2001 to modify the location of the high level water connection and the looping or connection to the property to the south. . 2. The requirements for parkland dedication be met according to the recommendations of the Park 8 Recreation Department in their attached memo dated August 21, 2001. 3. The applicant(s) apply for and receive approval of a wetland replacement plan prior to Council approval of a final plat for this property. 4. As referenced in the attached memo from Rochester Public Works dated August 31, 2001, pedestrian facilities shall be constructed concurrent with this development along the frontage of Outlot B and along all other street frontages as required by ordinance. 5. The applicant(s) shall enter into a development agreement with the City as recommended by Public Works. 6. Modify the boundaries of Lot 9, Block 2, of the preliminary plat to insure that the lot and all others remain in conformance with the minimum lot width of 60 feet at the front building line - 25 feet back from the front lot line. 7. Only one shared driveway centered on the common line of the two adjacent flag lots at the end of Rocky Creek Ln. should be permitted. There is insufficient frontage to locate curb cut for two separate driveways along the street. The applicant(s) should provide for recording with the final plat the private shared driveway easement for the flag lots - Lots Page 6 Preliminary Plat 99-25 Glendale Hills 4 h September 7, 2001 10 & 11, Block 2. The width and construction of the shared driveway proper shall be acceptable to the Rochester Fire Department. The width of the easement should be the combined width of the two tails or poles of the flag lots. If an additional fire hydrant is deemed necessary by the Fire Department because of the distance from the public street to the house sites it should be provided. 8. The common ownership documents for Outlot A should be provided to the City for recording with the final plat. The documents shall insure continued maintenance of and access to the property, provide a responsible party for assumption of liability and property tax payment and the protection of the public interest. The documents shall be reviewed and found acceptable to the Rochester City Attorney before recordation. Reminder to Analicant: Prior to development, the property owner will need to execute a City / Owner Contract for construction of all public infrastructure and utilities to serve this subdivision. The application must obtain any land use approval which is required by another governmental entity with land use jurisdiction, in whole or in part, over this development. This Plat is subject to the Subdivision regulations which became effective May 15, 1999. Approved grading, drainage and construction plans will need to be submitted with the final plat application, if the applicant intends to record the final plat documents prior to completion of infrastructure improvements. Page 7 • /l��/ Preliminary Plat 99-25 / Glendale Hills 4 September 7, 2001 CITY OF ROCHESTER ZONING ORDINANCE AND LAND DEVELOPMENT MANUAL EXCERPTS 61,225 Finding for Land Subdivision: The Zoning Administrator, Commission or Council shall approve a development permit authorizing a land subdivision if all of the following findings with respect to the proposed development are made: A. The proposed land subdivision conforms to all relevant requirements of this ordinance and variances have been granted to permit any nonconformance. B. That the proposed water system and sanitary sewer system are adequate to serve the normal and fire protection demands of proposed development and to provide for the efficient and timely extension to serve future development. C. That the plan for soil erosion and stormwater management meets the adopted standards of the City of Rochester and is consistent with the adopted Stormwater Management Plan or adopted drainage or stormwater policies. D. That the vehicular and non -motorized system is consistent with adopted transportation plans and is consistent with the street layout standards listed in Section 64.120 and traffic service standards in Section 61.526. E. That the lot and block layout provide for safe and convenient vehicular, service and emergency access, efficient utility service connections, and adequate buildable area in each lot for planned uses. F. That the proposed land subdivision has taken into account the current 6-Year and other Long -Range Capital Improvements Programs and the elements listed therein in the design of the subdivision. G. That the proposed subdivision, if in a resident zoning district, -addresses the need for spillover parking consistent with the requirements of Section 63.426. H. That right-of-ways and easements of adequate size and dimensions are -provided for the purpose of constructing the street, utility, and drainage facilities needed to serve the development. 1. That the proposed parks, trail thoroughfares and open space dedications are consistent with adopted plans, policies and regulations. J. That the proposed subdivision will not have off -site impacts on the street, drainage, water or wastewater systems that exceed adopted standards. K. That the proposed subdivision will not have adverse impacts on the safety or viability of permitted uses on adjacent properties. L. That the proposed land subdivision is designed in such a manner as to allow for continued development in an efficient manner on adjacent undeveloped lands. Page 6 • Preliminary Plat 99-25 Glendale Hills 4 s September 7, 2001 M. That the soils, topography and water tables have been adequately studied to ensure that all lots are developable for their designated purposes. N. That the proposed land subdivision is consistent with the standards of the City's adopted Comprehensive Plan. O. That any land located within Zone A as shown as on the currently adopted Flood Boundary and Fioodway Maps of the Flood Insurance Study, Rochester, Minnesota prepared by the Federal Emergency Management Agency, is -determined to be suitable for its intended use and that the proposed subdivision adequately mitigates the risks of flooding, inadequate drainage, soil and rock formations with severe limitation for development, severe erosion potential or any other floodplain related risks to the health, safety or welfare of the future residents of the proposed subdivision in a manner consistent with this ordinance. 61.226 Conditions on Approvals: In considering an application for development permit to allow a land subdivision, the approving body shall consider and may impose modification or conditions to the extent that such modifications or conditions are necessary to insure compliance with the criteria of Section 61.225. ROCHESTER PARK ANDW:CREATION DEPARTMENT 201 FOURTH STREET SE �; ROCHESTER MINNESOTA 55904-3769 /1(j TELE 507-281-6160 FAX 507-281-6165 MEMORANDUM DATE: August21, 2001 TO: Jennifer Gamess 4. Planning RE: Glendale Hills 4`h Preliminary Plat #99-25 Acreageof plat.......................................................... 21.0 acres Number of dwelling units ............................................. 37 units Dwelling unit density ................................................... 1.76 unitsla Densityfactor............................................................ .0244 Dedication............................................................... .90 acres Fair market value of land ............................................. NA The Park and Recreation Department recommends that dedication requirements be met via: Dedication of 4.43 Outlot B.... an undetermined portion of which could be used for park purposes following certain actions performed by the applicant. The amount of land that will qualify for park dedication will be dependent on any storm water pond, drainage ditch or public street that may be required to be built on the outlot. In order for a portion of Outlot B to qualify for dedication the applicant must: 1. Remove existing tree debris pile located on Outlot B 2. Remove or bury existing rock rubble piled on Outlot B 3. Provide cover of 6" of topsoil and seed all disturbed areas on qualifying portions of Outlot B C:\DST0TZ\2001\DEDICAT20N\NE 2696\GLENDALE HILLS 4TH.DOC ROCHESTER Minnesota TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 .+ FROM: Mark E. Baker DATE: 8131 /01 DEPARTMENT OF PUBLIC WORKS 201 4� Street SE Room 108 Rochester, MN 55904-3740 507.287-7800 FAX — 507-281-6216 The Department of Public Works has reviewed the application for Preliminary Plat #99- 25.on the Glendale Hills Fourth property. The following are Public Works comments on the proposal: 1. Approval of Grading, Drainage, and Construction Plans, are required prior to Final Plat submittal for this development. 2. The applicant shall enter into a development agreement with the City that outlines the obligations of the applicant relating to, but not limited to; stormwater management, park dedication, traffic improvements, maintenance of Outlots, pedestrian facilities, right-of-way dedication, and contributions for public infrastructure. 3. A City / Owner Contract must be executed prior to development of this property, to address the construction of all public infrastructure and utilities to serve this subdivision. 4. Pedestrian facilities shall be constructed concurrent with this development, at the Owner's expense, along the entire frontage (including Outlots) of both sides of all new public streets within this subdivision. 5. The long-term ownership and maintenance of Outlots 'A' & 'S' needs to be addressed. Unless public dedication is accepted by the City, the Owner is required to execute a Maintenance & Ownership Declaration Agreement prior to Final Plat approval. Access must also be provided for Outlot A 6. Preliminary Construction Plan comments will be provided separately to the Developer's Engineer. C:VWINDOWStTemporary Internet Files\OLKB0221PP99.25 Glendale Hills 4th GDP73 Amend.doc T9e W ROCHESTER Minnesota TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FF�'OM: Mark E. Baker DEPARTMENT OF PUBLIC WORKS 201 4" Street SE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX — 507-281-6216 Charges/fees applicable to the development of this property will be addressed in the Development Agreement, and include: Sewer Availability Charge (SAC) @ $1709.90 per developable acre J9288 Tower @ $1,021.46 per acre + 7.5% interest from 5/4/98 Stormwater Management (if on -site detention is not provided) Contribution for First Seal Coat @ $0.47 per square yard of roadway surface Traffic Signs as determined by the City of Rochester Traffic Division (2 street signs) Note: This Property has previously been assessed, and paid charges for the J9109 Trunkline Storm Sewer Project C:IWINDOWS\Temporary Internet Files%0LKB0221PP99-25 Glendale Hills 4th GDP73 Amend.doc pa�e 2 WETLAND COMMENTS FOR DEVELOPMENT APPLICATIONS Application Number: P),. Psi tgq-zs 44"'dj'4-1-i+ -- Cz7P -zt-- I3 No hydric soils exist on the site based on the Soil Survey Hydric soils exist on the site according to the Soil Survey. The property owner is responsible for identifying wetlands on the property and submitting the information as part of this application. / A wetland delineation has been carried out for the property and is on file with the Planning Department A wetland delineation is on file with the Planning Department and a No - loss, Exemption, or Replacement Plan has been submitted to the Planning Department. A wetland related application has been approved by the City. This plan incorporates the approved wetland plan. No hydric soils exist on the property based on the Soil Survey. However, due to the location in the landscape the property owner should examine the site for wetlands. The property owner is responsible for identifying wetlands. FrornJohn Harford Wetlands LGU Representative IN r_pu:_ we pledge, we deliver August 20, 2001 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: Preliminary Plat #99-25 by Robert Gill and Richard Hexum to be known as Glendale Hills 41h and an amendment to General Development plan #73. Dear IVis. Garness: Our review of the referenced preliminary plat is complete and our comments follow: 1. The 20' public utility easement and 8" water main loop shown through Outlot `A' and Lots 17 & 18, Block 2 should be relocated to extend to between lots 24 & 25, Block 2 to better serve the high level area. 2. With the absence of a public roadway connection to the property to the south a 20' public utility easement and 8" water main loop are required through Outlot `B', Block 1 to extend to the south plat limits for a needed intermediate level loop to the property to the south. 3. The alignment for these loops and other minor revisions to the proposed water system layout have been provided to the applicant's engineering firm for incorporation into the final plans. 4. The homes that are served from the high level system that have main floor elevations below elevation 1135 (approx. 95 PSI) will require the installation of individual pressure reducing devices by the builders. Please contact us at 507-280-1600 if you have questions. Very truly yours, Q,M&I--M 1 ` Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Mike Glenzinski, City Public Works Vance Swisher, Fire Prevention Bureau Glendale Partners McGhie & Betts, Inc. Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 Rochester Minnesota Land Surveying Urban - land Planning Consulting - Civil Engineering Georechnical Engineering Construction Material Testing • is August 7, 2001 Ms. Mitzi Baker Consolidated Planning Department 2122 SE Campus Dr, Rochester, MN 55904 Re: Removing Glendale Hills 4 h from the (Continued Status) Submitting a revised preliminary plat/Amended GDP Dear Ms. Baker: On behalf of our client, Glendale Partners of Rochester, we would like to Landscape Architecture submit a revised Preliminary Plat/Amended General Development Plan for Glendale Hills 4's and have these new plans reviewed and placed on the September 12, 2001 Planning and Zoning Board Meeting for a public hearing. We would like to request the previous submittal to be "untabled". Our submittal package includes: 1. Nine (9) full sized copies of the Preliminary Plat. 2. One (1) reduced copy of the Preliminary Plat. 3. Nine (9) copies of street plans and profiles. 4. Applications and fees were already submitted. Resolved Issues for Glendale Hills 4th Many issues have been resolved concerning this Preliminary Plat during the last few months. Preserving the existing delineated wetlands and working with the steep topography of the site have all been addressed. The remaining issue for this plat is eliminating the extension of Rocky Creek Lane N.E. to make a north/south connection for this area. The revised Glendale Hills Fourth Preliminary Plat proposes to use all of the property south of Rocky Creek Drive N.E. as either a regional detention basin or parkland. The final grading with exact locations for these uses has not been determined. However, it is our position that this area is needed for detention, 1648 Third Avenue S.E. to continue Rocky Creek Lane at its curTent location would effectively cut any Rochester, MN 55904 detention or parkland in half, resulting in a very inefficient use of this Tel. 507.289.3919 remaining property. Fax. 507.289.7333 e-mail. mcghiebetts.com Established 1946 In addition, the land to the south of this piece is currently zoned R-1 and at some time could develop with additional single-family lots. However, this site has many geological, wetland, and topographic constraints to deal with as well. It is not clear, at this time, whether or not a proposed street connection could even be made given the steep slopes of our site with the site to the south. It is clear that in order to develop the site to the south, a considerable amount of time and effort will have to be made to reshape the land to allow for R-1 land uses. Should you have any questions or comments regarding the above information please do not hesitate to call. Yours very truly, McGhie & Betts, Inc. ��� Kristi Clarke, Planner KLC/klc Attachment pc Glendale Partners of Rochester ' �.; � � �h �/�` .♦�r, ♦♦ `� <f `fir/p} �`� \~ .: �� lll--�.—_"gTX'-r,�.�S�e..i J� �, ��%-- ^ /e. •'� � / .a/f� _ L �, _� :.► c 1 , -a<� . ./ ✓ter✓ �; � / - "l /"`� /♦t/� I�}/.'' I 1_ •�- -J�`-r 1,1 >/•�J/ 7 r/�(-.jr j"/.>- /f � i 21 ILI AI \fit` •� F�Kx'�—_�ir_ i - '�` ■ �♦ I? -'y u . � IZIP -{ ' de � '�'.'� �� /\��yO�♦r" \v,� ./a'4i ': C ♦!' I14. � / ��•♦ ���"'�'N.k. jai!' g �� ft;.. ov REQUEST FOR COUNCIL ACTION MEETING // / DATE: 10-01-01 AGENDASECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS PLANNING L to DESCRIPTION: General Development Plan # 165 initially called "Main Street" now PREPARED BY: -,jested to be considered in three separate parts based on future ownership. The GDPs Jeff Ellerbusch, are the R. L. Hexum & Associates Property, the Mills Property and the Carlsen Property. Senior Planner The property is located along the east side of TH 63 South from St. Bridgets Rd to a half mile south of 48th St. SE September 26, 2001 City Planning and Zoning Commission Recommendation: On September 12, 2001 the City Planning and Zoning Commission officially reviewed this GDP. The matter was originally before the Commission on August 22, 2001 but was continued at the petitioner's request to give them an opportunity to work out concerns over the conditions of approval as originally recommended in the staff report. In the intervening time between the meetings, the developer requested that the plan as originally submitted be considered for approval in three separate parts. They did this because they felt that considering each part separately by ownership boundaries would alleviate their objections to the conditions as originally proposed. The Commission reviewed these proposed General Development Plans according to the criteria listed in Paragraph 61.215 of the Zoning Ordinance and Land Development Manual. The Commission took the following actions based on adoption of the staff recommended findings for approval in the staff report dated 8117/01: Mr. Brede made a motion, seconded by Mr. Staver .to approve the R. L. Hexum & Associates portion of General Development Plan #165 with the staff -recommended findings and conditions. The motion carried 6-0. (see list of conditions in the attached report addendum or the CP&ZC minutes of 9/1212001) Brede made a motion, seconded by Mr. Staver .to approve the Mills portion of General Development Plan #165 the staff -recommended findings and conditions. The motion carried 6.0. (same as the conditions for the RL Hexum potion) Mr. Brede made a motion, seconded by Mr. Staver .to approve the Carlsen portion of General Development Plan #165 with the staff -recommended findings and conditions. The motion carried 6-0. (see list of conditions specific to the Carlsen portion in the attached report addendum or the CP&ZC minutes of 911212001) Planning Staff Recommendation: 1. See original attached staff report dated August 17, 2001 which lists the CP&ZC adopted findings for approval. 2. See staff report addendum dated September 7, 2001 for the two lists of conditions of approval. Council Action Needed: 1. The Council may approve, approve with conditions, or deny the general development plans. The Council must make findings based on the criteria listed in Paragraph 61.215. 2. If the Council wishes to proceed with approval of the general development plans as proposed, it should instruct the City Attorney to prepare Resolution(s) for Council approval. UNCILACTION: Motion by: second by: to: ROCSTER-OLA'iSTED PLANNING DEP.AOIA4ENT 2122 Campus Drive SE, Suite 100 - Rochester, MN 55904-4744 COUNTY OF www,olmstedcounty.com/planning To: Rochester Planning and Zoning Commission From: Jeff Ellerbusch, Senior Planner Date: September 7, 2001 RE: Modifications to General Development Plan #165 -Main Street Development. Continued Public Hearing before the CP&ZC from the August 22, 2001 Meeting Background At the applicant(s) request, consideration of this General Development Plan was continued by the CPEtZC at the August 22, 2001 meeting until the September 12, 2001, meeting. The applicants) and the City needed additional time to work out arrangements concerning the original conditions of approval as written in the August 17, 2001 staff report and the drafting of a development agreement satisfactory to both the applicant(s) and the City. The major concern was that the property in this development plan was subject to future right- of-way acquisition actions by the State of Minnesota for the planned Highway 63 and 48`" Street improvements and the originally drafted conditions addressing future right-of-way dedications were potentially in conflict with the applicant's desire to negotiate independently and be paid as all others for the lands needed by the State. In addition, the development was to be sold to two other owners (Mills Fleet Farm and Roger Carlsen) in addition to R.L. Hexum & Associates before any development took place. Each of these owners wanted independence in their negotiations with the State, and it was noted that how the original conditions were drafted that the commencement of platting activity of one of the developers inappropriately effected right-of-way dedications for the other two parties. The City Public Works Department, the City Attorney and the applicant(s) have worked to draft a development agreement concerning the right-of-way dedications agreeable to all parties. A draft agreement has been prepared and submitted for consideration to the applicants) as of September 5, 2001. The hope of the City is that a single development agreement can be fashioned that addresses all of the conditions in the Staff Report of August 17, 2001 and can be found acceptable by all existing and future owners. Revision to Submittal Since Continuation Action Attached is a letter signed by all the existing and potential owners of the property within the boundaries of the Main Street GDP #165 requesting that the application on file be amended by separating the GDP into three independent parts based on the boundaries of the future ownerships. A map of the original GDP showing the boundaries of now three separate plans the applicants desire to be considered. This request to divide the property into three independent GDP's is the applicant's legal attempt to simply counter the potential undesired effect of action to plat by one owner BUILDING CODE 5071285-8213 - GIS/ADDRESSING/MAPPING 507/285-8232 - HOUSING/HRA 507/285-8224 �Pp.- PLANNING/ZONING 5071285-8232 - WELUSEPTIC 507/285-8345 FAX 507/287-2275 -� AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER C triggering untimely dedication requirements of the other future owners. If each developers GDP is acted on and conditioned separately by the City, then the unilateral platting action triggering others to act is removed to their satisfaction. Potential Action and Recommendations The City would still prefer to see the GDP conditioned and considered as a single project with a single development agreement. The staff, in the discussions with the applicant, originally agreed to modify the wording of the originally drafted conditions. The conditions as modified and as applicable solely to each the R.L. Hexum 8 Associates property or GDP; the Mills Property and the Carlsen property are attached for your consideration. There are two separate lists of conditions. The first list are those conditions that can be applied to both the Hexum and Mills properties. The second list of conditions are theose only specifically applicable to the Carlsen property. ATTACHMENTS 1. Hexum /Mills Conditions 2. Carlsen Conditions 3. Letter from Applicants Dated Received 8/31/01 4. Map Showing 3 GDP Boundaries RECOMMENDED CONDITIONS OFAPPROVAL FOR THE R.L. HEXUM PORTION OF THE GDP AND THE MILLS PORTION OF THE GDP Tire General Development Plan shall be revised as follows, and a revised Plan shall be filed with the Planning Department: 1. At the time ofplatting anv portion of the proper), subject to the general development Plan, controlled access will need to be dedicated along TH 63, 48'" St. SW and St. Bridget Road and also along portions of the collector roads accessing 48" St. and St. Bridget Road, all as included in the Portion of such proper), being platted 2. At the time ofplatting, the developer shall dedicate their proportional amount of right-of-way for the 4e St. SW/T1163 interchange. Any right-of-way needed in addition to the area dedicated shall be planed and reserved with the first phase of this development. Terms of the conveyance shall be outlined in the Development Agreement. 3. At the time ofplaning or development of any Portion of the Property subject to the general development plan, water mains shall be stubbed to all adjacent properties adjacent to such Plat and water mains in the cul-de-sacs must be looped per RPU requirements. In addition, the main level and intermediate level water systems shall be interconnected. Right-of-way will need to be dedicated at the interface between the two water systems for the installation of an RPU booster/PRV station. 4. Prior to planing of any Portion of this property, the applicant shall complete a Wetland Delineation and submit it to the LGUfor review and approval. Approval of this GDP is contingent upon the applicant obtaining permits jar impacts to Wetlands proposed through this GDP as and when necessary. Ifpermits are not secured, an amended General Development Plan shall be submitted. 5. Development of this property shall be phased to limit the amount of traffic generated prior to completion ofplanned roadway improvements. 6. Stormwater management must be provided for this development. Areas in the development that don't drain to on -site detention facilities will be subject to a Storm Water Management fee. Detention facilities serving less than 50 acres will be private and will require the execution of a Maintenance and Ownership Declaration. 7. Prior to Final Plat submittal, the applicant shall enter into a Development Agreement with the City that outlines the obligations of the applicant relating to, but not limited to, phasing this development, substandard street reconstruction charges and/or traffic improvement district charges, storm water management, park dedication, traffic improvements, pedestrian facilities, right-of-way dedication, extension of utilities and contributions for public infrastructure. 8. Approval of this General Development Plan is contingent upon: • Completion of an Environmental Assessment Worksheet and negative finding for the need far an Environmental Impact Statement. Any modifications to this GDP, required as part of the EA will require submittal of a revised GDP, • The applicant obtaining permits for impacts to Wetlands proposed through this GDP. Ifpermits are not secured to permit the proposed impacts (Le. ponds, filling, roadway layout as shown) an amended General Development Plan shall be submitted for this property. •dltadwd sly) lof pav!wgns aq Ilvys uvld;uawdolanaa IvaauaD papuawv ua unioys sa modal doupooa'8urll f 'spuod *al) s;avdwl posodoldaq; ywwad of pa.1noas lou am s;luuadfq • jaD srgl g2noly; pasodo;d spuvpaAq of slavdwl;ofs;lwlad 8urulv;go;uvollddv ayr :uodn lua8upuoo sl uvld;uawdolanaa lviauag sry;fo lviojddV Z ,,rpladoad aadog„ ail; amas of aup dl tadold y;nos ayi of uuogs aq Ilvys ssaoov iaaj;s ollgnd lvuoprppv ud •9 •a"PlI isa.rful orlgnd tof suopnquluoo puv sai;llpn jo uolsua;za 'uoilaolpap Abu fo-;y8aa`saprlrovjuvWsapad's;uawano.tdwl otffvat'uopvalpap pod';uawadvuvw aa;vuw;o;s'sadlvgo;ora;slp;uawanoadwl affnl;;olpua sa8avya uopani;suoaaa pails paapun;sgns ';uawdolanap sly; 8utsoyd'o; paptuy you mq'oi 8upvlaa mvarlddn ay; fo suopv8rlgo ay; sauptno ivy; A'n� ay; yiru;uawaa�8yluawdolanaQ n olu:la;ua pays mvallddv ayt gaulwgns mld laur,3 ot;oud 'S •uol;vtvlaaa drgslauup puv aouvua;ulvyp a fa uvpnoaxa ayi alprba.e Ipu pun a;anrad aq Illu sa.tov ps uvyl ssal 8ulnaas sapploaJuorluataQ •aaf luawaJvunyy aa;v 11 weo;E v o;;oafgns aq Illu salylrovf uor;uatap airs-uo o; ulvap;, uop ;nyt;uawdolanapay;arsvaly•;uawdolanapslgtlofpappto;daq;snwluawagnuvw;a;vuwaoig y •s;uawano.rdw'i dompow pauuvldfo uopoldwoo o;loradpa;a.taua8afjv;;fo;unowvarpllwllolpasvydagllvysXtaado.rdslylfo;uawdolanaa •£ pallrwgns aq llvys uvld luawdolanaa Ivaauag papuaiuv ua 'pa.tnoas;ou alv sltw;adfj • vssamu uayu pun sy dQD sly; ygno.ry; pasodoid spunpaAl o; stovdwl aof slrwlad 8uturvlgo;uvaelddv ay; uodn;uadrrpuoo sr dag sry; fo Ivnoiddd •Innolddv puv uarna.i iofQrJ7 ayl o;1r;Iwgns pun uopaaupaa puvpa,H v a;aldwoa Ilvys;uvaliddv a yl '�adoid sl y;Jo uoryto un o BurUnld al.eoud 'Z •uopa;sAlfd1jaisooq f1dN uv fo uopallvisrrl ayl tof swa;sA's taivu ou; ayl uaanuaq aovfiamr ayi;v pa;volpap aq of paau llru Abu fo-;y8iy •paloaur;oo.ra;ul aq flays swalYdS aatau larval a;nrpawaatur puv larval uraw a yl 'uoplppv ul •s;uawatlnbai flddr tad padool aq lsnw sovs-ap-Ino a yl ur sulvw Jaivu pua lal yon� s o;;uaon•>pn sarytadoid;uaovfpv llv of paggnts aq llvys sulnia ra;vu uvI ;uaw olanap lv.taua ayl 01 loa qns asp arp o uof;�o„ � uv o;uawdolanap la 8ur;tald jo awp aNI;N 'I :luawuadaa Swuuvid ail! yyu palif aq llvys uvld pasraxt a puv 'suollof sn pasrna.t aq llnys uvld;uautdola,taa Imauag arl•L daD dHI -10 jVOIIWOd 7VIIAldQISlYA72RHIROS) ,V9S7ffVJ YgDO?f dHI 21017VAOYdd6'd0 SIV0IIITV03 QdQrVd11V6Y03d9 Ark IF Mitzi Baker 8-2M1 Rochester Olmsted Planning Department 2122 SE Campus Drive Rochester, MN 55904 RE: Main Street Development Rochester, MN Dear Ms. Baker, R.L. Hexum & Associates Inc„ Bishop Trust, Mills Properties, Inc. and Roger Carlsen are submitting an amended General Development Plan (G.D.P.) that addresses City staffs concerns regarding access and dedication of right of way, (R.O.W.). A) The amended G.D.P. shows a limited access roadway from north and south to provide access to the Truax, Welte, and Kellner properties. B) The original filing of the G.D.P. as one, is now being filed as three separate G.D.P.'s to allowfor each ovvnier(s) individual dedication and negotiation of purchase of each parcels R.O.W. It is requested that this amended submittal be used for approval and that the applicable portions of amended Official Street Map #12 be abandoned based upon the access provided by this amended submittal. It is also requested that the amended application for three separate G.D.P.'s be used for approval. Attachments included: Amended O.S.M. #12 Amended G.D.P.'s Respectfully, //sp'074�� R.L. Hexum & Associates Inc. 8 AUG 3 12001 /ac0 Previous Staff Report ROCHESTER-OLI ISTED PLANNING DEPARTMENT 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 c o a x T. O 1 www.olmstedcounty.com/planning TO: City Planning and Zoning Commission FROM: Mitzi A. Baker, Senior Planner DATE: August 17, 2001 RE: General Development Plan #165 to be known as Main Street Development Planninq Department Review: Petitioner: R.L. Hexum & Associates 2640 North Highway 63 Rochester, MN 55906 Property Owner: Graham Properties Limited Partnership 20 2 Avenue SW, Room 219 Rochester, MN 55902 Bishop Trust 1185 Plummer Circle SW Rochester, MN 55902 RpCHkSTfk: Tll�k •a I Dk'�TEU•A L'Gti6K:. Consultant: Yaggy Colby Associates 717 Third Ave. SE Rochester, MN 55904 Location of Property: The property is located east of T.H. 63, between 401h St. SE and 481h St. SE. Proposed Use: This GDP proposes development of approximately 225 acres of land. Most of the property is proposed for mixed commercial -industrial development, with the southern 1/4 planned for residential development in the R-2 (Low Density Residential) district. Land Use Plan: The Rochester Urban Service Area Land Use Plan designates most of this property as suitable for commercial and industrial uses. The southern 80 acres is identified for "low density residential' types of uses. BUILDING CODE 507/285-8213 • GIS/ADDRESSING/MAPPING 507/285-8232 • HOUSING/HRA 5071285-8224 ,..,d..,,.,., PLANNING170NING 507/285-8232 • WELUSEPTIC 507/285-8345 FAX 5071287-2275 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 2 • ��9 - General Development Plan August 17, 2001 Zoning: Most of this property is currently zoned M-1 (Mixed Commercial -Industrial), with the exception of the southern 80 acres which is zoned R-1 (Low Density Residential) and AG (Agricultural). The applicant is proposing to re -zone approximately 77.5 acres to the R-2 (Low Density Residential) district, and to re -zone approximately 2.62 acres to the M-1 (Mixed Commercial -Industrial District). Streets: TH 63 is designated for long term upgrading to a freeway on the Thoroughfare Plan. Interchanges are planned for construction at 48'" St. and 40"' Street. 48th St. S is designated as a future arterial street and will be the primary east -west street in the north Willow Creek area. This road is planned to extend from the TH 52/Marion Rd interchange on the east to CSAH 8 and possibly CR 104 on the west. St. Bridget Road is designated as a collector on the Thoroughfare Plan. Official Street Map #12 identifies the limits of the future interchange and associated roadways within this immediate area. This Map also identifies a north/south collector roadway that extends north from 48'" St., between TH 63 and St. Bridget Rd., to serve the properties in this area. The applicant has requested that the City initiate an amendment to Official Street Map #12 to remove this north/south collector. The GDP proposes alternate alignments for roadway access to the parcels in this area. Sidewalks: Pedestrian facilities will be required along both sides of all roadways within the development, including 48'" St. and St. Bridget Road. Drainage: The applicant is proposing a series of on -site ponds to handle a majority of the storm water run off that would be generated from the property. Participation in the City's storm water management plan may occur on portions of the site that do not drain to an on -site facility. At this time, the applicant is planning to construct the ponds as private facilities. Detailed grading and drainage plans will be required prior to development. Wetlands: Wetlands Tpear to exist on the property, primarily north of 48 Street. A wetland delineation will need to be completed for the GDP and submitted to the LGLI. The GDP does propose crossing wetlands with roadways, excavating ponds in wetlands and filling wetlands. Permits would need to be secured through State, Federal and Local agencies in order for this Page 3 • • �aq General Development Plan August 17, 2001 GDP to be developed as shown. The applicant and consultant will be working with the appropriate agencies to obtain permits necessary for developing the property. Public Utilities: Sanitary sewer and water service are proposed to be provided though a city project to serve the property. Water service is available to the west of TH 63 that will need to be extended into the site. Sanitary sewer is available to the north of the property and will also need to be extended into this site. The City prepared a feasibility report for the extension of these services, which was approved by the City Council. Parkland Dedication: The GDP proposes park land dedication for the residential portion of the development. The Park and Recreation Department review concluded the 4.0 acre park shown on the GDP will be adequate if the residential area is developed as single family dwelling units. If the residential portion is developed at a higher density than single family, additional land dedication will be required. Environmental Review: This GDP does require a mandatory Environmental Assessment Worksheet. This document has not been submitted to the Planning Department at this time. Wetland issues on this site will need to be addressed as part of that document. Referral Comments: 1. John Harford, Planning Department LGU 2. Rochester Public Works 3. Rochester Park & Recreation 4. RPU Water Division 5. Rochester Fire Department 6. MnDOT 7. Planning Department Addressing Report Attachments: 1. Copy of General Development Plan and Phasing Plan 2. Proposed General Development Plan Narrative 3. Referral Comments Criteria & Staff Suggested Findings: Paragraph 61,215 of the Rochester Zoning Ordinance and Land Development Manual lists the Criteria for approval of a general development plan. Criteria A. The proposed land uses are generally in accord with the adopted Comprehensive Plan and zoning map, or that the means for reconciling any differences have been addressed. A GDP may be processed simultaneously with a rezoning or plan amendment request. Page 4 0 130 General Development Plan August 17, 2001 A Zoning District amendment, for a portion of this property, is being considered concurrent with this GDP. If the amendment is approved, the land uses within the GDP would be consistent with the land use designation and zoning for the property. Most of this property is already zoned as shown on the GDP. Criteria B. The proposed development, including its lot sizes, density, access and circulation are compatible with the existing and/or permissible future use of adjacent property. Circulation patterns and roadways proposed on the GDP, submitted August 15, 2001, identify access to most of the abutting properties. One access is proposed through the residential area to the serve abutting property to the south. An additional property to the south of the GDP will need access through this development. Tile GDP will need to be revised to provide access to thatpareel. TH 63 is designated for long term upgrading to a freeway on the Thoroughfare Plan. Interchanges are planned for construction at 4e St. and 40`h Street. 4e St. S is designated as a ftiture arterial roadway and will be the primary east -west street in the north Willow Creek area. This road is planned to extend from the TH 52IMarian Rd interchange on the east to CSAH 8 and possibly CR 104 on the west. St. Bridget Road is designated as a collector on the Thoroughfare Plan. Official Street Map #12 identifies the limits of the future interchange and associated roadways within this immediate area. The Official Map also identifies a north/south collector roadway that extends north from 48`h St., between TH 63 and St. Bridget Road to serve the properties in this area. The applicant has requested that the City initiate an amendment to Official Street Map #12 to remove the north/south collector located north of 4e St The GDP proposes alternate alignments for roadway access to the parcels in this area Criteria C. The mix of housing is consistent with adopted Land Use and Housing Plans. The policies and goals found in Chapters 2 and 3 of the Rochester Urban Service Area Land Use Plan encourage developing a rouge of densities and development styles. This development will help to further the goals and policies of the Land Use Plait and also those found within Chapter 3 of the Housing Plan to increase the supply of housing, Criteria D. The proposed plan makes provisions for planned capital improvements and streets reflected in the City of Rochester's current 6-Year Capital Improvement Program, adopted Thoroughfare Plan, the ROCOG Long -Range Transportation Plan, Official Maps, and any other public facilities plans adopted by the City. Street system improvements required to accommodate proposed land uses and projected background traffic are compatible with the existing uses and uses shown in the adopted Land Use Plan for the subject and adjacent properties. TH 63 is designated for long term upgrading to a freeway on the Thoroughfare Plan. Interchanges .are planned for construction at 4e St and 40`h Street. 48`h St. S is designated as a future arterial roadway and will be the primary east -west street in the north Willow Creek area. This road is planned to extend from the TH 521Marion Rd interchange on the east to CSAH 8 and possibly CR 104 on the west. St. 0 Pages 0 /3! / General Development Plan August 17, 2001 Bridget Road is designated as a collector on the Thoroughfare Plan. The development of a highway improvement project to upgrade TH 63 to a freeway facility from TH 52 south past 48`s St. SW has been in the planning and design stages since 1994. In 1995 the TH 63 South Corridor Study was completed which reaffirmed the historic Thoroughfare Plan designation of TH 63 as a freeway, and identified the need for two interchanges at 40" and 4e Streets in order to provide adequate capacity to provide for local access to/front TH 63 from what was expected to be a significant area of commerciaVindustrial zoning. In fact much of the area has now been Zoned for these uses. In 1998 MnDOT, lite City of Rochester and Olmsted County agreed to begin the next phase ofproject development activities that would lead to the eventual construction of the planned interchanges by undertaking the TH 63 Preliminary Design and Environmental Assessment project In 1999 funding for the first interchange was secured through MADOT's annual project selection process, and this year the remaining funding far construction of the second interchange and reconstruction of connecting roads was secured through supplemental funds appropriated by the Legislaturefor upgrading of High Priority Interregional Corridors. The Preliminary Design and Environmental Assessment project has evaluated capacity needs, interchange and roadway design options, and a range of social, environmental and economic impacts. A preferred design has been identified which includes a diamond interchange at the intersection of 48i8 St. and TH 63. Based on long term traffic capacity needs, 48`" St. will be constructed as a four lane divided roadway with right and left turn bays provided at all intersections. Additionally, sidewalk will be provided along the north side of the corridor and a trail facility along the south side of the corridor. Official Street Map #12 identifies the limits of the future interchange and associated roadways within this immediate area. With one exception, this GDP identifies future roadways and right-of-way consistent with the Official Map. The Official Map identifies a north/south collector roadway that extends north from 48`s St. to serve the properties in the immediate area. The applicant has requested that the City initiate an amendment to Official Street Map #12 to remove the northlsouth collector located north of 4e St. The GDP proposes alternate alignments for roadway access to the parcels in this area. Circulation patterns and roadways proposed on the GDP, submitted August 15, 2001, identify access to most of the abutting properties. One access is proposed through the residential area to the serve abutting property to the south. An additional property to the south of the GDP will need access through this development The GDP will need to be revised to provide access to that parcel. Criteria E. On and off -site public facilities are adequate, or will be adequate if the development is phased in, to serve the properties under consideration and will provide access to adjoining land in a manner that will allow development of those adjoining lands in accord with this ordinance. Page 6 /3 / General Development Plan August 17, 2001 Street system adequacy shall be based on the street system's ability to safely accommodate trips from existing and planned land uses on the existing and proposed street system without creating safety hazards, generating auto stacking that blocks driveways or intersections, or disrupting traffic flow on any street, as identified in the traffic impact report, if required by Section 61.523(C). Capacity from improvements in the first 3 years of the 6-year CIP shall be included in the assessment of adequacy. See response to Criteria "D" above. This development will need to be phased to limit the amount of traffrcgencrated prior to completion of the planned improvements. 2. Utilities are now available to directly serve the area of the proposed land use, or that the City of Rochester is planning for the extension of utilities to serve the area of the proposed development and such utilities are in the first three years of the City's current 6-Year Capital Improvements Program, or that other arrangements (contractual, development agreement, performance bond, etc.) have been made to ensure that adequate utilities will be available concurrently with development. If needed utilities will not be available concurrent with the proposed development, the applicant for the development approval shall stipulate to a condition that no development will occur and no further development permit will be issued until concurrency has been evidenced. The City completed a feasibility study to extend services through this development, which was considered and approved by the City Council in April 2001. The feasibility report identified the need to construct trunk water main and trunk sanitary server to and through this development. The cost for the project is not in the City's 2001 Capital Improvement Program. The cost will be collected through special assessments and Sewer Availability Charges, plus a share contributed by Rochester Public Utilities. At the time of development, water mains will need to be stubbed to adjacent properties and water mains in the cul-de-sacs will need to be looped. In addition, the main level and intermediate level water systems must be interconnected in this area. Right-of-way will need to be provided at the interface between the two areas, needed to provide required flows for fire protection and domestic water needs. 3. The adequacy of other public facilities shall be based on the level of service standards in Section 64.130 and the proposed phasing plan for development. This development will need to be phased to limit the amount of traffic generated prior to completion of the planned improvements. The residential portion of the site is proposed as the first phase of development. Utilities will need to be extended to serve that property. Utility extension is addressed in the above paragraph. According to the Rochester Park and Recreation department, the 4.0 acre park shown on the GDP should provide adequate land dedication if the 80 acres is developed as single family dwelling units. If the residential portion is developed at a higher density than single family, additional land dedication will be required. Page 7 /33� General Development Plan August 17, 2001 Criteria F. The drainage, erosion, and construction in the area can be handled through normal engineering and construction practices, or that, at the time of land subdivision, a more detailed investigation of these matters will be provided to solve unusual problems that have been identified. The applicant is proposing a series of on -site ponds to handle a majority of the strum water ran off that would be generated from the property. Participation in the City's storm water management plan may occur for portions of the site that do not drain to an on -site facility. At this time, the applicant is planning to construct the ponds as private facilities. Discussions will continue with the Rochester Public Works Department as the development progresses to determine design and long term ownership of the facilities. The applicant has verbally explained intentions to fill the M-1 areas to elevate them to the grades that 48" St. and St. Bridget road will be at after construction of the interchange and improvements to abutting roadways. Preliminary discussions indicate that excavation permits, tinder Section 62.1100 of the Rochester Zoning Ordinance and Land Development Manual, will need to be secured for grading portions of the property. Detailed grading and drainage plans will be required prior to development. Criteria G. The lot, block, and street layout for all development and the lot density for residential development are consistent with the subdivision design standards contained in Section 64.100 and compatible with existing and planned development of adjacent parcels. Circulation patterns and roadways proposed on the GDP, submitted August 15, 2001 identify access to most of the abutting properties. One access is proposed through the residential area to the serve abutting property to the south. An additional property to the south of the GDP will need access through this development. The GDP will need to be revised to provide access to that parcel. Official Street Map #11 identifies the limits of the future interchange and associated roadways within this immediate area. With one exception, this GDP identifies future roadways and right-of-way consistent with the Official Map. The Official Map identifies a north/south collector roadway that extends north from 48"St. to serve the properties in the immediate area. The applicant has requested that the City initiate an amendment to Official Street Map #12 to remove the norrh/south collector located north of 48" St. The GDP proposes alternate alignments for roadway access to the parcels in this area. Most of this property is already zoned M-1 (Mixed Commercial -Industrial), with the southern 80 Acres +/- zoned R-I (Mixed Single Family) and AG (Agricultural). The applicant petitioned to rezone approximately 77.5 acres to the R-2 within the southern portion of the GDP, and also petitioned to rezone approximately 2.62 acres to the M-1 district. The rezoning petition is being considered concurrent with this GDP. Staff has recommended approval of the zone changes, based on findings as identified in the staff report (Zone Change #01-09). Depending on the density of development, additional land may be needed for parkland. Page 8 General Development Plan August 17, 2001 Recommendation: The applicant should address the ownership and intent of the 100 foot corridor running from east to west north of the residential development. Staff recommends the following conditions or modifications to assure compliance with the Rochester Zoning Ordinance and Land Development Manual and applicable criteria: 1. The General Development Plan shall be revised as follows, and a revised Plan shall be filed with the Planning Department: r Access shall be provided to the Boyer property located south of the residential area. 2. At the time of platting, controlled access will need to be dedicated along TH 63, 48t° St. SW and St. Bridget Road and also along portions of the collector roads accessing 481h St. and St. Bridget Road. 3. At the time of platting, the developer shall dedicate their proportional amount of right- of-way for the 480" St. SWITH 63 interchange. Any right-of-way needed in addition to the area dedicated shall be platted and reserved with the first phase of this development. Terms of the conveyance shall be outlined in the Development Agreement. 4. At the time of platting or development, water mains shall be stubbed to all adjacent properties and water mains in the cul-de-sacs must be looped per RPU requirements. In addition, the main level and intermediate level water systems shall be interconnected. Right-of-way will need to be dedicated at the interface between the two watersystems for the installation of an RPU booster/PRV station. 5. Prior to platting this property, the applicant shall complete a Wetland Delineation and submit it to the LGU for review and approval. Approval of this GDP is contingent upon the applicant obtaining permits for impacts to Wetlands proposed through this GDP. if permits are not secured, a new General Development Plan shall be submitted. 6. Development of this property shall be phased to limit the amount of traffic generated prior to completion of planned roadway improvements. 7. Stormwa ter management must be provided for this development. Areas in the development that don't drain to on -site detention facilities will be subject to a Storm Water Management fee. Detention facilities serving less than 50 acres will be private and will require the execution of a Maintenance and Ownership Declaration. 8. Prior to Final Plat submittal, the applicant shall enter into a Development Agreement with the City that outlines the obligations of the applicant relating to, but not limited to, phasing this development, substandard street reconstruction charges and/or traffic improvement district charges, storm water management, park dedication, traffic improvements, pedestrian facilities, right-of-way dedication, extension of utilities and contributions for public infrastructure. Page 9 f General Development Plan ff August 17, 2001 9. Approval of this General Development Plan is contingent upon: Official Street Map #12 being amended such that this Plan does not conflict with the adopted Map; Completion of an Environmental Assessment Worksheet and negative finding for the reed for an Environmental Impact Statement. Any modifications to this GDP, required as part of the EAW will require submittal of a revised GDP; The applicant obtaining permits for impacts to Wetlands proposed through this GDP. If permits are not secured to permit the proposed impacts (i.e. ponds, filling, roadway layout as shown), a new General Development Plan shall be submitted for this property. M1r\aq1»\xfA\UgtMVMmeVrnegylM � reK•oW...h w•x mxx4nsl Iti'YM•F.iYaae\ee �K•e\sr-rt ee•x—u•e—e•41 u ' 0 Li q ee.�t e.+.nnMl y�AA MAIN STREET DEVELOPMENT (�ROCHESTER, MINN j� ESOT� J��/ / - � it I Ix � � I• __, ." _'..-. _ _ _— -_ � �'��:5d31�§5� 9��i ._ • ,' 'fie i! 1 Dios°sto viOUNNiw'HUS3NaOa a `— e 1N3WdOl3A3O133NISNIVVN 13r Q ,c ✓ uv `1 J %a I I III IIn � 4, 112 II (' t]L JUL 1 1 2001 i 7/1 vo 1 YCA #7520 LD2 MAIN STREET DEVELOPMENT GENERAL DEVELOPMENT PLAN Main Street Development includes approximately 225 acres bounded by South Highway 63 to the west, St. Bridget Road SE to the north and east and unplatted land to the south. Minnesota Department of Transportation (MNDOT) is currently designing the 48a' Street NW interchange located on the western side of the property. 48`s Street SE then continues east/west through the middle of the GDP property. The following is a written summary of the General Development Plan (GDP) in accordance with Appendix B E-3. a) Topographic or soils conditions which, in the estimation of the applicant, may create potential problems in street, drainage, public utilities or building design and construction, and how these problems will be investigated further or engineered to overcome the limitations. Soil borings will be completed during the engineering phases to determine subsurface conditions and the bedrock depth in the areas of construction. Steeper areas with higher erosion potential will be avoided as much as possible as indicated by the street alignments. Wetlands do exist on the property and are located on the northern portion of the site. These wetlands have been delineated both as part of the interchange design process by MNDOT and by the applicant. There are approximately 11 acres of wetlands on the site. These wetlands are planned to be replaced off site. b) Storm drainage problems which, in the estimation of the applicant, may result in costs that will exceed normal storm drainage costs. The storm drainage does not appear to cause problems that will result in the increase of normal costs. c) Identification ofpotential off -site drainage problems. The applicants intend to construct a number of ponds to handle the majority of the storm water run-off from this property as shown on the GDP. The ponds, at this time, are planned to be private, but discussions with Public Works will take place in instances where ponds may become city controlled. Participation in the city's storm water management plan may occur on portions of the site that do not drain to an on site facility. The residential area is planned to develop first and ponds that are necessary for the residential development will be provided or the applicant will participation in the city's regional storm water management plan or an agreement with the city engineer will take place on the timing of these necessary ponds. There should be no problems with off -site drainage created by this development. Main Street Development General Development Plan Page 2 d) Availability of utilities to serve the area under consideration. Sanitary sewer and water service are proposed to be provided under a city project to extend these services to the property. Water service is available to the west of Highway 63 that will need to be extended into the site. Sanitary sewer is available to the north of the property and will need to be extended into the site as well. A feasibility report had been prepared for the extension of these services and was approved by the Rochester Common Council. e) Identification of possible erosion problems which may arise in the estimation of the applicant. The areas of steeper slopes will be avoided where possible. The majority of these areas are shown on the GDP in the rear of lots and will not be graded. Where development encroaches into the steeper slopes, erosion control measures will be incorporated into the grading plan during final design. A general statement as to the possible phasing of any development activity to occur on the property under the control of the applicant. The residential area on the south end is planned to be the first phase with approximately 5 phases. The M-1 zoned area most likely will develop from 481' Street SE expanding both north and south from 48a' Street. • • Jqo Memo To: Mayor and City Council From: Gary Neumann j / z Date: August 16, 2001 Re: Wetland Credits — Storm Water Management Plan The attached letter from Tom Hexum and David Bishop encourages the Council to adopt its draft Stormwater Management Plan. I will provide a brief explanation of this matter. The Board of Water and Soil Resources (BWSR) has recently adopted rules under which a stormwater basin that is constructed to meet certain standards will qualify as wetland replacement acreage. This would save local developers some money because they would not have to purchase wetland credits from a wetland bank. You will recall that there have been many instances in which local developers have had to purchase wetland acre credits from owners of wetland banks in other counties. In order to be able to obtain this credit the local government unit has to have adopted and funded a stormwater management plan that provides for the removal of sediments. The City Council has previously reviewed the draft Stormwater Management Plan. However, you will recall that the City did not proceed to formally adopt the plan as drafted due to some concerns expressed by developers regarding a requirement for mandatory participation in the plan. The Public Works staff has subsequently utilized a voluntary approach to participation in the plan under which the developers can voluntarily participate in the overall plan or construct their own stormwater facilities. We have had over 50 developers participate in the plan on a voluntary basis. With this change in the BWSR procedures, the Stormwater Management Plan should again be reviewed and considered by the Council for formal adoption. The Council could consider whether a revision in the plan to utilize the voluntary participation method should be adopted. We will schedule this matter for Council review at a COW meeting as soon as there is an open date. August 15, 2001 Mr. John Hunziker, President, Rochester Common Council Member of the Rochester Common Council Members of the Rochester Planning Commission Government Center 201 4'" Street SE Rochester, MN 55904 RE: Willow Creek Storm Water Management Plan Rochester, Minnesota Dear Mr. President, Council Members and Planning Commission Members: At a recent meeting regarding the proposed Main Street Development, representatives of the Board of Water and Soil Resources and the Army Corps of Engineers brought to our attention that the Council's action of not adopting the Storm Water Management Plan for the Willow Creek Watershed District precludes developers from qualifying for wetland replacement credits by constructing storm water treatment basins. At this time, we request the Council take the necessary action to adopt the Storm Water Management Plan for the Willow Creek Watershed District. We are embarking on a prototype water quality restoration and storage model at the south entrance to our city that Rochester Public Works and all the related governmental agencies involved hope will serve as the model for developments of 500 acres and above. Thank you for your consideration. Respectfully, �� /Yo Tom Hexum RL Hexum Associates, Inc. TH YCA #7520 LD1 N f w n n n ®Rcc R O? O � °• m� R o � m '^ � �. m p n •'• n .. p� d n is _' n C7 b .� C •� S Z Cc r O OL N� :� -' f. � n a i OD p S G n n n G ... n a m n ^• G y 0 w n O w .^f '.� m o, _ c a cis _ n `< ° o •o rt b ° E G E m c '-• .vni £ .d.. � G �. w v^Oi O � d � C � _. C u � v+ d a f: ^' n ^�'. -ni � � � � -Ri �� y C w p G C• O C .°.r Z� � 6 .°-n ao b QD n x- n n n -°. G b p?� n G^ n ti" O =� �: p =_ ° 'O, d d n-O N$ �i n °�' b 6 N (G9 C n E '+ _• to _ p= rt c= m F a .� c ,< °' o [� a m ry x° �. o rt m? m r'o � .� c� •e a c 'n+ 5 o c' o n 00 y e w "„ p p e `< p n a< �� p d y � G b w a c es Q• is -e w 3' o� G < m � � o n � :° m n o a � .a b < � ; o. � o' 'o � � ° � y �• d °, o o' � "„ � d n a G ._ a m _. n w n o n o S• _ m O 5 rp C n G � n c a c .nO < 3 ^ -nv �', O' � n .°, b b O ^. n ° ^p• U H p. " O .� ` m n o N G C ? fD � A �' ° N G p c d cc t�ii 1^ en go rS7 O m 3 � ^ R A< U^ n p v �, � L• n V U •-, Q c a• o. o- o n ccm n£ �' a c rt m F E 2 a ;?, �• n v 6 R• m^ n• C H G. y ^ •• n n .. n ?;. Ci R= ti n e io n 0$ G° m w• p^ d a O < p O✓ < � � U O rt N n. m a 3� n R G n' � cr 2: w p ;v < '� G C n U C n G n b O 6 O w p vi ^wa' G b y y 'y' :, en's' m 3 3 n a m w m d �. `n' X •Rp F c Qe < n o c° p a^ _ m• G G nR .p. O �° a :: ry c D tm_i =°• vi s O " < G �. °' ^ Ol n B ^ °: 00 o E=�, a n o n £_ Gw 2. v -o'co m n o! 5' y a o i 0 o •o p m oc �` U =; 9 E t° n> >• ,�90 v; = w n v oo3n ^O°oX� s n o o n ? a _a ^ w 9 is ^ ° a n n 9 c o e 3 '-�' a n y cav c n e < v n n< n n -wi ti ip. 6 Er.0.. A p' n 'Q 0° 0 G n -°n m y n w +• G n x� C A n m n• n � �� c � .<"^ o o d o �r °< � w � mcw. � �. w p � m m -ni .n, n d 3 ° �' °. � �'o B o' " o m .ms. � ° o. c � a � =• � =. �cno c 9 � nai < w n a � � o: � ao b y m n w m n O d ^ c S 3 N G m R "+ O^+ O. �° n ^y p Wi n. n. .p. G. 'n e0C C 0, `dG. m E on bcEr no �e w�'o• o� oa9� c� �M—'.m cr cra ry R m Q m w y p WETLAND COMMENTS FOR DEVELOPMENT APPLICATIONS Application Number: C��� I �� � XCf V)2J _ No hydric soils exist on the site based on the Soil Survey / Hydric soils exist on the site according to the Soil Survey. The property owner is responsible for identifying wetlands on the property and submitting the information as part of this application. A wetland delineation has been carried out for the property and is on file with the Planning Department A wetland delineation is on file with the Planning Department and a No - loss, Exemption, or Replacement Plan has been submitted to the Planning Department. _ A wetland related application has been approved by the City. This plan incorporates the approved wetland plan. No hydric soils exist on the property based on the Soil Survey. However, due to the location in the landscape the property owner should examine the site for wetlands. The property owner is responsible for identifying wetlands. 1OWMAal7 WZO From John Harford Wetlands LGU Representative a 0 lqq- ROCHESTER PARK AND RECREATION DEPARTMENT MEMORANDUM DATE: July 23, 2G01 TO: Jennifer Garness Planning SUBJECT: Main Street General Development Plan #165 Parkland dedication will be required for only the 80 acres zoned R2. The 4.0 acre park shown on the GDP will be adequate dedication if the 80 acres is developed as single family dwelling units. If the 80 acres develops at a higher density than single family, additional land dedication will be required. The issue of ownership and intent of the 100' corridor running from east to west north of the residential development should be addressed. 0:\DST0TZ\2001\DEDICATI0N\NW 2898\MAINSTREET GDP.DOC ROCHESTER Sys /V/inn¢6ota DEPARTMENT OF PUBLIC WORKS 2010 Street SE Room 108 TO: Consolidated Planning Department Rochester, MN 55904-3740 2122 Campus Drive SE 507-287-7800 Rochester, MN 55904 FAX - 507-281-6216 FROM: Michael J. Nigbur DATE: 8/10/01 The Department of Public Works has reviewed the application for General Development Plan #165, on the Main Street Development (R.L. Hexum & Associates) property. The following are Public Works comments on the proposal: Note: The revised application was submitted prior to Public Works commenting on the original proposal. There are no formal prior comments from Public Works associated with this project. 1. Prior to Final Plat submittal, the applicant shall enter into a Development Agreement with the City that outlines the obligations of the applicant relating to, but not limited to, substandard street reconstruction charges & Traffic Improvement District charges, stormwater management, park dedication, traffic improvements, pedestrian facilities, right-of-way dedication, access and extension of utilities for adjacent properties, and contributions for public infrastructure. 2. As proposed Storm Water Management will be provided for this development by on - site detention facilities. A Storm Water Management Fee will apply to any area of this proposed development that does not drain to on -site detention facilities. 3. Detention facilities serving less than 50 acres will be private and require the execution of a maintenance & Ownership Declaration. 4. The Owner will be required to dedicate its proportional share of ROW for the reconstruction and capacity improvements planned for St Bridget Rd SE & 48' St SE. 5. Pedestrian facilities will be required along both sides of all new public roads within this property, and both sides of 48`" St SE & St Bridget Rd SE. 6. Specific routing of sanitary sewer and water lines will be reviewed further during the preliminary design stages. Extension of utilities to the abutting properties is required. 7. The removal of the north / south collector from the Official Street Map is subject to revision of Official Street Map No. 12. C:VtemplGDP165 Main Street Dev.doc ROCHESTER lq� /V/inneeot`a TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Michael J. Nigbur DEPARTMENT OF PUBLIC WORKS 201 4" Street SE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX — 507.281-6216 8. The City is considering the creation of a Transportation Improvement District (TID) for the 40" St / 48" St area. This property will be subject to reconstruction and capacity charges related to the TID. Charges/fees applicable to the development of this property will be addressed in the Development Agreement and will include (rates below were current through 7/31/01, development of this property will be subject to the rates in place at the time of development): Sanitary Sewer Availability Charge (SAC) @ $2,877.45 (based on estimate from feasibility report) per developable acre, subject to rate adjustment. Water Availability Charge @ $1653.67.00 per developable acre, subject to rate adjustment. Contribution for Watermain extension to service this property $146,242.00 (estimate based on feasibility report, final amount will be based on actual project costs) 4• A Substandard Street Reconstruction Charge and/or contribution to the TID for this area. -o Storm Water Management, for any areas that do not drain to an on -site detention facility — TBD :• Traffic Signs as determined by the City of Rochester Traffic Division. C:ltemplGDP165 Main Street Dev.doc rpu j we pledje, we defiver August 7, 2001 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: REVISED: General Development Plan #165 by R.L. Hexum and Associates to be known as Main Street Development. Dear Ms. Garness: Our review of the referenced general development plan is complete and our comments follow: 1. Water mains must be stubbed to all adjacent properties and the water mains in the cul-de-sacs must be looped per our requirements. 2. The upper area of this property (above approximate elevation 1080) is serviceable from the Intermediate Level Water System that was developed from the Airport High Level Water System and is available for connection approximately 700' south of 48" St SW (approximately 150' north of Southern Woods Circle SW). This water main must be extended through the developable portion of the commercial area designated on the approved Southern Woods General Development Plan and across TH 63 to be available for this area with approximate static pressures ranging from 95 PSI at El. 1080 to 49 PSI at El. 1186. 3. The lower area of this property is serviceable from the Main Level Water System, which is available for connection at the intersection of Garden Place SE and St. Bridget Rd. SE with approximate static pressures ranging from 37-41 PSI at El. 1080 to 48-51 PSI at El. 1055. 4. Preliminary computer water system modeling indicates: a. It is critical that the water mains in this entire area be looped to provide adequate flows for fire protection. b. The main level and the intermediate level water systems must be interconnected. The M-1 areas along the north -south collector street will require an approximate 75'x75' dedicated right-of-way, north of 48t' St. SE at the interface between the two water systems (exact location needs to be determined) for the installation of an RPU booster/PRV station. This station is necessary to provide the higher required flows for fire protection and domestic water needs of the M-1 facilities. 5. We will work closely with the applicant's engineering firm to develop the necessary water system layout to serve this area. Please contact us at 507-280-1600 if you have questions. Very truly yours, "14A R- Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention Yaggy Colby Associates R.L. Hexum Associates, Inc. Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507.280-1540 facsimile 507-280-1542 0 • 1yg Gamess Jennifer From: Debra Persoon [Debbie.Persoon@dot. state. mn.us] Sent: Monday, August 06, 2001 9:37 AM To: garness.jennifer@co.olmsted.mn.us Cc: Dale Maul; Fred Sandal Subject: No Significant impacts on Mn/DOT roadways The following three proposals have been reviewed and appear to be following the planning for the 481h street Interchange. These layouts also reflect Mn/DOT's right of way appropriately and do not have significant impacts. • Zoning District Amendment #01-09 by R.L. Hexum and Associates. • ,Genera> _)et&elopment Plan #165 bT_ H exum,an Sssociates"fib .._ Street D. evelopmentm • Revised General Development Plan #165 by R.L. Hexum and Associates to be known as Main Street Development. Debbie Persoon-Bement, Plan and Plat Coordinator Minnesota Department of Transportation District Six - Rochester 2900 48t° Street NW Rochester, MN 55901-5848 Phone: (507) 281-7777 Fax: 507-285-7355 E-Mail: debbie.persoonna dot.state.mn.us 7 Rochester -Olmsted Planning Department GIS/Addressing Division 2122 Campus Drive SE Rochester, MN 55904-4744 Phone: (507)285-8232 Fax: (507)287-2275 GDP REFERRAL RESPONSE DATE: August 8, 2001 TO: Jennifer Garness FROM: Planning Dept. Addressing Staff CC: RE: MAIN STREET DEVELOPMENT # 165 A review of the GDP has turned up the following ROADWAY or ADDRESS related issues: 1. The official designation of all public andJor private roadways must have approval of the GISIE911 Addressing Staff. 2. Supplementary Address Signage and the incurred costs may be required to eliminate complicated or confusing addressing situations. This signage must be coordinated with the GIS/ E-911 Addressing Staff in cooperation with the Rochester Fire Department. If required, this signage will be determined at the time of address review. Page City Planning and Zoning Comm ssion Minutes Hearing Date: September 12, 2001 Ms. Wiesner moved to re co mend approval of Amendment to General Development Plan #92, known as Manor Woods est based on the staff -recommended finings and conditions. Mr. Burke second the motion. i Ms. Wiesner stated that she wanted Xe developer to pay closepkeNtlon to the Environmental Services comments with regarding to Okccrah Shale and re rge process. Th North family roadw NW. The the public hearing. Ms. WiSpArmoved to continue PreliminaryPlat #01-29 by brook -Bigelow Dev pment, to be known as Manor Woods North First indefi ely. She stated that p eft would be re -notified. Mr. Staver seconded the motion. TN motion carried 6-0. General Development Plan #165 by R.L. Hexum and Associates to be Rnown as Main Street Development, The Plan incorporates approximately 225 Acres of land located east of T.H. 63, west of St. Bridget Road and south of 40` St. SE. The Plan proposes to develop a maioritY of the area with mixed commercial -industrial uses, with the southernmost 80+1- acres proposed for residential development in the R-2 (Low Density Residential) district. The plan also proposes future roadways and stormwater management areas. Mr. Jeff Ellerbusch presented the staff report, dated September 7, 2001, to the Commission. The staff report is on file at the Rochester -Olmsted Planning Department. Mr. Ellerbusch explained that the applicant would like the Commission to consider the three parts of the plan as separate general development plans. He stated that he divided the conditions as they apply to each part of the plan. Ms. Wiesner asked why the Mills General Development Plan and R. L. Hexum & Associates General Development Plan need to have parkland dedication. Mr. Ellerbusch explained that non-residential properties are exempt from parkland dedications. The applicant's representative, Mr. Tom Hexum, addressed the Commission. He explained that the reason for dividing the general development plan into three separate plans is due to platting issues from a legal standpoint. Ms. Wiesner asked if Mr. Hexum had any objections to the staff -recommended conditions. Mr. Hexum responded no. Page 4 . • /� City Planning and Zoning Commission Minutes Hearing Date: September 12, 2001 Mr. Wheeler pointed out that Terry Adkins and Richard Freese were out of town. Therefore, no one could tell what the progress was with regard to the development agreement. Mr. Hexum stated that he has a copy of the development agreement and would get in contact with Mr. Wheeler. He explained that they are trying to execute the development agreement prior to the council meeting. With no one else wishing to be hard, Ms. Petersson closed the public hearing. Mr. Brede moved to recommend approval of the R. L. Hexum & Associates General Development Plan (as presented by staff) based on staff -recommended findings and conditions. Mr. Staver seconded the motion. The motion. carried 6-0. CONDITIONS: 1. At the time of platting anV portion of the property subject to the general development plan, controlled access will need to be dedicated along TH 63, 48'n St. SW and St. Bridget Road and also along portions of the collector roads accessing 48`h St. and St. Bridget Road, all as included in portion of such property being platted. 2. At the time of platting, the'd eve loper shall dedicate their proportional amount of right- of-way for the 48th St. SWITH 63 interchange. Any right-of-way needed in addition to the area dedicated shall be platted and reserved with the first phase of this development. Terms of the conveyance shall be outlined in.the Development Agreement. 3. At the time of platting or development of general development plan, water mains s be interconnected. Right -of .the,two water systems forth 4. Prior to platting of any portii Wetland Delineation and sut this GDP is contingent upon amended General Develop 5. Development of;this grope prior to completion of plan 6. StormwateK anag6 ent n development that don't dra Water Management fee (D( 4 � r and will require`,the execut 7. Priorto Final Plat submitta with the City that outlines t to, phasing this developme if to the - be stubbed to all adjacent properties .rul-de-sacs must be looped per RPU intermediate level water systems shall be dedicated at the interface between in":RPU booster/PRVstation.' y, the 'apphcant,shall complete a for review and approval. Approval of taming permits for impacts to Wetlands essar ;L If permits are not secured, an submitted. I to limit theamount of traffic generated )vements >r this developmen* Areas in the don facilities will be subject to aStorm ervmgless than 50 acres will be`private' e an&.0wnership Declaration , dl enter into a Development Agreement he applicant relating to;.but not limited i:eei reconstruction char es and/or' 11 Page 5 0 • ' �; �i City Planning and Zoning Commission Minutes Hearing Date: September 12, 2001 traffic improvement district charges, storm water management, park dedication, traffic improvements, pedestrian facilities, right-of-way dedication, extension of utilities and contributions for public infrastructure. 8. Approval of this General Development Plan is contingent upon: Completion of an Environmental Assessment Worksheet and negative finding for the need for an Environmental Impact Statement, Any modifications to this GDP, required as part of the EAW will require submittal of a revised GDP; The applicant obtaining permits for impacts to Wetlands proposed through this GDP. If permits are not secured to permit the proposed impacts (i.e. ponds, filling, roadway layout as shown), an amended General Development Plan shall be submitted for this property. Mr. Brede moved to recommend approval of the Mills General Development Plan (as presented by staff) based on staff -recommended findings and conditions. Mr. Staver seconded the motion. The motion carried 6-0. CONDITIONS: 1. At the time of platting any portion of the property subiect to the general reyelopment plan, controlled accesswill need to be dedicated along TH 63, 48',, St. SW and St. , Bridget Road and also along portions of the collector roads accessing 48th St. and St. Bridget Road, all as included'in'the portion of such propiiky being platted, 2. At the time of platting, the developer shall dedicate their proportional amount of right- of-way for the 48th St. SW/TH 63 interchange.: Any right-of-way needed in addition to the area dedicated shall be platted and reserved with the first phase of this development. Terms of the conveyance shall be outlined in the Development Agreement. 3. At the time of platting or development of any portion -of the property subiect to the oeneraf development plen,.w'ter mat "s.shall be;stubbed to all adjacent properties adjacent to`such plat and water. mains in the cul-de=sacs must tie looped per RPU requirements. In addition, the main level and intermediate level water systems shall be interconnected. Right-of-way will need to be dedicated at the interface between the two water systems for the installation of an RPU booster/PRV station. 4. Prior to platting of any portion of this property, the applicant shall complete a Wetland Delineation and submit it to the,LGU for review and approval. Approval of this GDP is contingent;upon the _applicant obtaining permlts for impacts to Wetlands proposed through thinots GDP4as.and whentnecessary If permits are secured, an amended General Development Plan shall`be submitted z z ' 'r 77777777, 5. Development of this property shall be phased to limit the amount of:traffic generated prior completion of planned roadway1nrp' rovements Page 6 • City Planning and Zoning Commission Minutes Hearin; Date. September 12, 2001 Stormwater management must be provided for this development. Areas in the development that don't drain to on -site detention facilities will be subject to a Storm Water Management fee. Detention facilities serving less than 50 acres will be private and will require the execution of a Maintenance and Ownership Declaration. Prior to Final Plat submittal, the applicant shall enter into a Development Agreement with the City that outlines the obligations of the applicant relating to, but not limited to, phasing this development, substandard street reconstruction charges and/or traffic improvement district charges, storm water management, park dedication, traffic improvements, pedestrian facilities, right-of-way dedication, extension of utilities and contributions for public infrastructure. 8. Approval of this General Development Plan is contingent upon: Completion of an Environmental Assessment Worksheet and negative finding for the need for an Environmental Impact Statement. Any modifications to this GDP, required as part of the EAW will require submittal of a revised GDP; The applicant obtaining permits for impacts to Wetlands proposed through this GDP. If permits are not secured to permit the proposed impacts (i.e. ponds, filling, roadway layout as shown), an amended General Development Plan shall be submitted for this property. Mr. Brede moved to recommend approval of the Carlsen General Development Plan (as presented by staff) based on staff -recommended findings and conditions. Mr. Staver seconded the motion. The motion carried 6-0.. CONDITIONS: 2. 3. El At the time of platting or developmentrof any portion of the property subject to the general development plan, water mains shall be stubbed to all adjacent properties adjacent to such plat and.water mains.in:the cui-de-sacs must be looped per RPU requirements. In addition, the main level and intermediate level water systems shall be interconnected. Right-of-way will need to be dedicated at the interface between the two water systems for the installation of an RPU boosterlPRV station. Prior to patting of any portion of this property, the applicant shall complete a Wetland Delineation and submit it to the LGU for review and approval. Approval of this GDP is contingent.upon the applicant'. obtaining permits for impacts to Wetlands proposed through this GDP as and when necessary. If permits are not secured, an amended General Development Plan shall be submitted. Development of this property shall be phased to limit the amount of traffic generated prior to completion of planned roadway improvements. Stormwater management must be provided for this; develo­11pment. Areas in the development that don't dram to on site detention facthties_will be subject to a Storm Water Management fee. Detention facilities serving less than 50 acres will be private Pagel City Planning and Zoning Commission NIinu[es Hearing Date, September 12, 2001 and will require the execution of a Maintenance and Ownership Declaration. 5. Prior to Final Plat submittal, the applicant shall enter into a Development Agreement with the City that outlines the obligations of the applicant relating to, but not limited to, phasing this development, substandard street reconstruction charges and/or traffic improvement district charges, storm water management, park dedication, traffic improvements, pedestrian facilities, right-of-way dedication, extension of utilities and contributions for public infrastructure. 6. An additional public street access shall be shown to the south property line to serve the "Boyer Property". 7. Approval of this General Development Plan is contingent upon: • The applicant obtaining permits for impacts to Wetlands proposed through this GDP. If permits are not secured to permit the proposed impacts (i.e. ponds, filling, roadway layout as shown), an amended General Development Plan shall be submitted for this property. I-f included in th Mr. Jeff Ellerbusch pres ted the staff report, dated Augus 2001, to the Commission. The staff report Is on file at the Chester-OlmZthe partment. Mr. Ellerbusch explained that a po ' n ofld act as a buffer to the residential area of the Carlsen general develop tMr. Brede asked what some of the Commowed in the R-2 zoning district. Mr. Wheeler responded offices, medi facilities, sing and personal care, funeral homes, parking facilities, substantial land a ration (as a con nal use), sand and gravel extraction (as a conditional use),Zhat cessory developments. Mr. Burke asked whatr would be required between M-1 and R-2 zoning district. Mr. Ellerbusch responZoning Ordinance requires buffery between adjacent land uses based on thand uses. Discussion ensue�garding reasons for Mills to purchase additional land as a b r to the residential distric With no one g(se wishing to be heard, Ms. Petersson closed the public hearing. REQUEST FOR COUN0IL AOTION MEETING /SS DATE: 10-1-01 AGENDASECTION: ORIGINATING DEPT: ITEM NO. PUBLit HEARINGS PLANNING _M DESCRIPTION: Zoning District Amendment #01-09 by R.L. Hexum and Associates. PREPARED BY: The applicant is proposing to re -zone approximately 2.62 acres of land from the R-1 and AG districts to the M-1 (Mixed Commercial Industrial) district and is also Brent Svenby, Planner proposing to rezone approximately 77.5 acres of land from the R-1 and AG districts to the R-2 (Low Density Residential) district. Property included in this petition is located west of St. Bridget Road, east of T.H. 63 and south of the future 46ei St. SE right-of- way. September 26, 2001 City Planning and Zoning Commission Recommendation: The City Planning and Zoning Commission held a public hearing on September 12, 2001 to consider this zone change. The Commission also reviewed a General Development Plan for the property. Commission members asked what types of commercial uses are allowed in the R-2 zoning district and what type of buffer would be required between an M-1 and R-2 zoning district. Motion by Ms. Wiesner, seconded by Mr. Burke to recommend approval Zoning District Amendment #01-09, with the finding suggested by Staff. Motion carried 6-0. Planning Staff Recommendation: attached staff report dated August 17, 2001. Council Action Needed: If the Council wishes to proceed with the zone change as petitioned, it should instruct the City Attorney to prepare an ordinance that can be adopted supported by findings of fact and conclusions of law to amend the Zoning Districts. Attachments: 1. Staff Report dated August 17, 2001 2. Minutes of the September 12, 2001 CPZC Meeting Distribution: 1. City Clerk 2. City Administrator 3. City Attorney: Legal Description attached 4. Planning Department File 5. Applicant: This item will be considered sometime after 7:00 p.m. on Monday, October 1, 2001 in the Council/Board Chambers at the Government Center, 151 4th Street SE. 6. Yaggy Colby Associates iNCIL ACTION: on By: Seconded By: Action: y.}W gym= J O O M- I Wi I"'' ` 1ho M-1 M-1 "-ki \ A" R GENERALIZED AREA ZONING MAP XIL /,'7 a 4 ROCHESTER-OLMSTED PLANNING DEPAKiMENT 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 C o O X T Y a. www,olmstedcounty.com/planning TO: City Planning and Zoning Commission FROM: Mitzi A. Baker, Senior Planner DATE: August 17, 2001 OF•ROCHESTER : . •.All}. V 7 RgTED•AUGUSK•- RE: Zoning District Amendment #01-09 by R.L. Hexum and Associates. The applicant is proposing to re -zone approximately 2.62 acres of land from the R-1 and AG districts to the M-1 (Mixed Commercial Industrial) district and is also proposing to rezone approximately 77.5 acres of land from the R-1, AG and M-1 districts to the R-2 (Low Density Residential) district. Property included in this petition is located west of St. Bridget Road, east of T.H. 63 and south of the future 48'h St. SE right-of-way. Planning Department Review: Petitioner: R.L. Hexum & Associates 2640 North Highway 63 Rochester, MN 55906 Property Owner: Graham Properties Limited Partnership 20 2 Avenue SW, Room 219 Rochester. MN 55902 Bishop Trust 1185 Plummer Circle SW Rochester. MN 55902 Consultant: Yaggy Colby Associates 717 Third Ave. SE Rochester, MN 55904 Location of Property: The property is located between TH 63 and St. Bridget Road, south of the future 481h St, right-of-way. Requested Action: The applicant is proposing to re -zone approximately 2.62 acres of land from the R-1 and AG districts to the M-1 (Mixed Commercial Industrial) district and is also proposing to rezone approximately 77.5 acres of land from the R-1, AG and M-1 districts to the R-2 (Low Density Residential) district. BUILDING CODE 5071285-8213 • GIS/ADDRESSING/MAPPING 507/285-8232 • HOUSING/HRA 5071285-8224 •.m+.a w,., PLANNING/ZONING 507/285-8232 • WELUSEPTIC 507/285-8345 FAX 5071287-2275 ..re.w AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 2 • • / / August 17, 2001 Existing Land Use: The property is currently undeveloped. Proposed Land Use: The applicant also filed a General Development Plan that is being considered concurrent with this application. The Plan proposes uses within the M-1 (Mixed Commercial -Industrial) district and the R-2 (Low Density Residential) district. Adjacent Land Use and North: Land to the north is zoned M-1 (Mixed Zoning: Commercial -Industrial) South: Some of the property to the south is in the City and is zoned R-1 (Mixed Single Family). A portion of the land to the south is outside the City and is zoned A-4 (Agricultural -Urban Expansion). West: TH 63 borders this property to the west. West of the highway are properties zoned R-1. East: Land located east of St. Bridget Road is not in the City and is zoned A-4 (Agricultural -Urban Expansion). This land is shown as appropriate for 'low density residential' types of land uses on the Land Use Plan. Transportation Access: Access to the portion proposed for M-1 zoning, would be from 48`" St. and a future collector road, through the existing M-1 zoned area. Access to the area proposed for R-2 zoning would be either from St. Bridget Road or from a roadway that would be constructed through the existing M-1 zoned area, as shown on the proposed General Development Plan for this property. Wetlands: A wetland delineation will need to be completed for this property and submitted to the LGU. Neighborhood Meeting: A neighborhood meeting was held on July 26, 2001 at 7:00 p.m. at 4325 Garden Court SE. A summary of the meeting is attached. Referral Comments: 1. RPU Water 2. MnDOT Report Attachments: 1. Location Map 2. Area Zoning Map 3. Referral Comments 4. Neighborhood Meeting Summary Page 3 August 17, 2001 Analysis for Zoning District Amendment: Under the provisions of Paragraph 60.338 of the Rochester Land Development Manual, the Commission shall recommend for approval and the Council shall approve, an application requesting an amendment to the zoning map if the amendment satisfies the following criteria: 1) The criteria of this subdivision apply to those amendments to the zoning map filed by formal petition. An amendment need only satisfy one of the following criteria: a) The area, as presently zoned, is inconsistent with the policies and goals of the Comprehensive Plan; b) The area was originally zoned erroneously due to a technical or administrative error; c) While both the present and proposed zoning districts are consistent with the Plan, the proposed district better furthers the policies and goals of the Comprehensive Plan as found in Chapters 2 and 3 of the Rochester Urban Service Area Land Use Plan, Chapter 3 of the Housing Plan, and Chapter 10 of the ROCOG Long Range Transportation Plan; or d) The area has changed or is changing to such a degree that it is in the public interest to rezone so as to encourage development or redevelopment of the area. Proposed R-2: The Rochester Urban Service Area Land Use Plan designates most of this property as appropriate for "low density residential" types of uses. The R-2 zoning district is defined as a "Low Density Residential" district and is consistent with the land use designation. Rezoning 77.5 acres of this property to the R-2 District would .help further the policies and goals found in Chapters 2 and 3 of the Rochester Urban Service Area Land Use Plan, which encourage developing a range of densities and development styles. This will also help to further goals and policies found within Chapter 3 of the Housing Plan. A small portion of the site is designated for "industrial' uses on the Land Use Plan, in the northwest corner of the area proposed for R-2 zoning. Due to topography, this portion of the property is most appropriately accessed through adjacent residentially designated lands. Since the Land Use Plan is a guide identifying areas appropriate for different types of land uses; the adjacent area to the south is designated for `low density residential' types of uses; and access is most appropriately provided through adjacent residential land, re -zoning this portion of the property to the R-2 district is considered consistent with the Plan. Roadway improvements are planned in this area that will change the area such that it is in the public interest to encourage development of the area. Proposed M-1: The 2.62 acre area proposed for re -zoning to the M-1 district is shown as appropriate for "low density residential' types of uses on the Rochester Urban Service Area Land Use Plan. Land directly north of this piece is shown as appropriate for "industrial' types of uses and is zoned M-1 (Mixed Commercial -industrial) on the City of Rochester zoning map. Land use designations on the Lands Use Plan are intended to be used as a guide. Re -zoning 2.62 acres of this property to the M-1 (Mixed Commercial -industrial) district would reflect only a minor adjustment to the mapped boundary and would be consistent with the Plan. Roadway improvements are planned in this area that will change the area such that it is in the public interest to encourage development of the area. Page 4 • August 17, 2001 i /6 / 2) The criteria of this subdivision also apply to those amendments to the zoning map filed by formal petition. However, an amendment must satisfy all of the following criteria: a) the permitted uses allowed within the proposed zoning district will be appropriate on the subject property and compatible with adjacent properties and the neighborhood; and Proposed R-2: Uses within the R-2 Zoning District would be appropriate on the property and compatible with adjacent properties. Proposed M-1: Uses within the M-1 Zoning District would be appropriate on the property and compatible with adjacent properties with the incorporation of buffers required at the time of development. b) the proposed amendment does not involve spot zoning. (Spot Zoning involves the reclassification of a single lot or several small lots to a district which is different than that assigned to surrounding properties, for reasons inconsistent with the purposes set forth in this ordinance, the state enabling legislation, or the decisions of courts in this state). Proposed R-2: Uses within the R-2 district would be appropriate on the subject property and would be compatible with adjacent properties and the neighborhood. The amendment would not be considered spot zoning. Proposed M-1: Rezoning 2.62 acres to the M-1 District would be appropriate on the subject property and would be compatible with adjacent properties and the neighborhood. At the time of development, bufferyards and setbacks will need to be met consistent with the Rochester Zoning Ordinance and Land Development Manual. The amendment would not be considered spot zoning. Adjacent property to the north is zoned M-1. Rezoning this small portion allows it to be developed with the adjacent area already zoned M-1. Staff Recommendation: Based on the findings above, staff recommends approval to rezone 77.5 acres from R-1 (Mixed Single Family), AG (Agricultural) and M-1 (Mixed Commercial -Industrial) to R-2 (Low Density Residential) and to rezone 2.62 acres from R-1 (Mixed Single Family) and AG (Agricultural) to M-1 (Mixed Commercial -Industrial). rpm' rve pledge, ve deliver July 19, 2001 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: Zoning District Amendment #01-09 by R.L. Hexum and Associates to amend the zoning district on 2.62 acres of land from R-1 and AG to M-1 and 77.5 acres of land from R- I and AG to R-2 district. The property is located west of St. Bridget Rd. SE, east of TH 63 and south of future 481h St. SE to be known as Main Street Development. Dear Ms. Gamess: Our review of the referenced amendment is complete and our comments follow: This area is serviceable from the Intermediate Level Water System that was developed from the Airport High Level Water System and is available for connection approximately 700' south of 48`h St SW (approximately 150' north of Southern Woods Circle SW). This water main must be extended through the developable portion of the commercial area designated on the approved Southern Woods General Development Plan and across TH 63 to be available for this area. 2. We will work with the applicant's engineering firm to develop the necessary water system layout to serve this area. Please contact us at 507-280-1600 if you have questions. Very truly yours, 06-JA RLL Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention Yaggy Colby Associates R.L. Hexum Associates, Inc. /&9 Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 0 6 /�s uarness Jennifer From: Debra Persoon [Debbie.Persoon@dot. state. mn.us] Sent: Monday, August 06, 2001 9:37 AM To: garness.jennifer@co.olmsted.mn.us Cc: Dale Maul; Fred Sandal Subject_ No -Significant impacts on Mn/DOT roadways The following three proposals have been reviewed and appear to be following the planning for the 48`h street Interchange. These layouts also reflect Mn/DOT's right of way appropriately and do not have significant impacts. • General Development Plan 4165 by R.L. Hexum and Associates to be known as Main Street Development. • Revised General Development Plan #165 by R.L. Hexum and Associates to be known as Main Street Development. Debbie Persoon-Bement, Plan and Plat Coordinator Minnesota Department of Transportation District Six - Rochester 2900 48`h Street NW Rochester, MN 55901-5848 Phone: (507) 281-7777 Fax: 507-285-7355 E-Mail: debbie. ersoon ,dot.state.mn.us Page 7 0 0 City Planning and Zoning Commission Minutes Hearing Date: September 12, 2001 and will require the execution Prior to Final Plat submittal, the pll with the City that outlines the obli at to, phasing this development, sub a traffic improvement district charge traffic improvements, pedestrian face utilities and contributions for public i ntenance and Ownership Declaration. ant shall enter into a Developmen reement ins of the applicant relating to t not limited dard street reconstruction larges and/or torm water manageme , park dedication, ties, right-of-way de ation, extension of trastru ctu re. 6. An additional public street access shall the "Boyer Property". 7. Approval of this General Development P n • The applicant obtaining permits f5KMpacts to If permits are not secured to pe it the propo: layout as shown an amend General Develo property. the south property line to serve contingent upon: atlands proposed through this GDP. kmpacts (i.e. ponds, filling, roadway tl Plan shall be submitted for this Mr. Jeff Ellerbusch presented the staff report, dated August 17, 2001, to the Commission. The staff report is on file at the Rochester -Olmsted Planning Department. Mr. Ellerbusch explained that a portion of the Mills site would act as a buffer to the residential area of the Carlsen general development plan. Mr. Brede asked what some of the commercial uses are allowed in the R-2 zoning district. Mr. Wheeler responded offices, medical facilities, nursing and personal care, funeral homes, parking facilities, substantial land alteration (as a conditional use), sand and gravel extraction (as a conditional use), and area accessory developments. Mr. Burke asked what type of buffer would be required between an M-1 and R-2 zoning district. Mr. Ellerbusch responded that the Zoning Ordinance requires bufferyards between adjacent land uses based on the proposed land uses. Discussion ensued regarding reasons for Mills to purchase additional land as a buffer to the residential district. With no one else wishing to be heard, Ms. Petersson closed the public hearing. Page 8 9 • City Planning and Zoning Commission/ Minutes 6 Hearing Date: September 12, 2001 The applicant's representative, Mr. Tom Hexum, addressed the Commission. He stated that the area between the developments would probably be common open space 50 feet wide along the common line. I Ms. Wiesner moved to recommend approval of Zoning District Amendment #01.09 by R.L. Hexum and Associates based on staff -recommended findings. Mr. Burke seconded the motion. The motion carried 6-0. Partners t that was i n. le H Mr. Jeff Ellerbuski presented the staff report, dated September 7, 2001,�Co the Commission. The staff report isNC file at the Rochester -Olmsted Planning Departm t. Mr. Ellerbusch explainXthe history of the original general develo➢Ihent plan. Mr. Ellerbusch stated that t Commission needed to decide ether or not the development needed to provide access to tX southerly undeveloped prop y. He stated that some of the arguments for not connecting is at it is too steep and cha ed with wetlands. Mr. Ellerbusch stated that you must ve two access penis into a development if more than 30 homes were constructed. He explaine that the pres t plan for the site would not be constructed as previously planned. The ore, one ccess could be appropriate. Mr. Ellerbusch suggested a pedestrian Mr. Burke stated that there were not any the property. Mr. Ellerbusch stated that some of the but that the shale maps had not been, The applicant's representative, Commission. She stated that t undeveloped land to the south. that Outlot B would have reten by 17 lots. She stated that plans. Mr. Brede asked how Ms. Clarke respond staff -recommended to the undeveloped property to the south. made with regard to decorah shale being on that has aNady been developed is much steeper, Asl<risti Clarke, of McGhie d Betts, Inc., addressed the e are wetlands located in the otential connection to the he stated that Outlot A had ve teep slopes. She indicated m ponds. She stated that they hav reduced the original plan are in the process of working on the fttland replacement lots would be developed. lots. She stated that the applicant did not have any With no one else ftishing to by heard, Ms. Petersson closed the public hearing. to the REQUEST FOR COUNCIL ACTION MEETING /(C(.0 DATE: 10-01-01 AGENDA SECTION: PUBLIC HEARINGS ORIGINATING DEPT: PLANNING M DESCRIPTION: Preliminary Plat #01-35 by All Pointe Development to be known as ouuth Pointe Eighth. The plat proposes to subdivide approximately 28.76 acres into 20 lots for single family detached housing, 84lots for single family attached housing, 5lots for common open space and 5 outlots. The Plat also includes the dedication of right-of-way for new public roadways, including the continuation of South Pointe Court SW and South Pointe Drive SW. The property is located south of 601h Street SW and west of Trunk Highway 63. September 25, 2001 City Planning and Zoninq Commission Recommendation: ITEM NO. PREPARED BY: Theresa Fogarty, Planner The City Planning and Zoning Commission held a public hearing on September 12, 2001 to consider this preliminary plat. Ms. Kristi Clarke of McGhie and Betts, Inc. addressed the Commission and explained that the applicant has no objections to the staff -recommended conditions. The Planning Commission found that this preliminary plat will conform with the applicable criteria with the following conditions or modifications: 1. The Plat shall be revised: a. identifying Outiot "C" as "Right -of -Way". b. indicating controlled access along the entire south and west lines of the right-of-way indicated on the preliminary plat as Outlot "C". c. Labeling Outiot "A" as a drainage easement. d. Providing an additional public utility easement in Lot 19, Block 5 for water main extensions required to serve the town home area in Block 5. 2. The official designation of all public and/or private roadways must have approval of the GISIE911 addressing staff. 3. The applicant agrees that this plat will have an impact on the City's need for parkland and that the dedication should be handled in the form outlined in the August 24, 2001 Memorandum from the Rochester Park and Recreation Department. 4. No parking shall be allowed, at any time, along either side of South Pointe Drive SW from 600 Street SW to South Pointe Court SW and must be posted "No Parking". 5. The applicant shall submit a revised Performance Residential Plan (PRD) that is consistent with the plat, to be reviewed and approved by the planning staff. 6. In addition to meeting current City Policy regarding pedestrian facilities, a 10' wide bituminous pedestrian path is required along the south side of 601h Street SW. 7. Consistent with other developments approved along trunk highway corridors, the Owner shall incorporate noise abatement designs into the buildings constructed with this development, in compliance with State andlor Federal Noise Abatement Regulations, and waive its right to request future government provision of any noise abatement related to T.N. 63. Ms. Wiesner moved to recommend approval of Preliminary Plat #01.35 by All Pointe Development to be known as South Pointe Eighth with staff -recommended conditions.. Mr. Stever seconded the motion. The motion carried 6-0. JNCIL ACTION: Motion t y: second RA Page 2 RCA September 25, 2001 /6 7 11 Planning Department Recommendation: See attached staff report dated September 7, 2001. Attachments: 1. Staff Report, dated September 7, 2001. 2. Minutes of the September 12, 2001 CPZC Meeting. Distribution: 1. City Administrator 2. City Clerk 3. City Attorney 4. Planning Department File 5. Planning Department, GIS Division 6. Applicant: This item will be considered sometime after 7:00 p.m. on Monday, October 1, 2001, in the Council Chambers at the Rochester! Olmsted County Govemment Center. 7. McGhie & Betts Preliminary Plat #01-35 South Pointe Eighth 950' Notification Distance Ward 1 Hanson 08/21 /01 J u� qw qw I6d RDII L' JUU117 YUINTE P.4..mvW1 Oo-31te o.i. rwwai '•�c'� CPp. Hm Ric" �Y11ppT APPRO\gQ r.nr.HESTER-OW' t .:..,a EPARTMENT CA 2122 wr.a DRRR: S.E ROCHESTER, MN SM-4744 01 ROCHESTER-OLbISTED PLANNING DEPARNIENT of.Roc tEsrex.*/rA-4 2122 Campus Drive SE, Suite 100 - Rochester, MN 55904-4744 R •'•:j www.olmstedcounty.com/planning �,•., C OU N---TY[ O f � @q TEll.AUf.UtiT •. TO: City Planning and Zoning Commission FROM: Theresa Fogarty, Planner DATE: September 7, 2001 RE: Preliminary Plat #01-35 by All Pointe Development to be known as South Pointe Eighth. The plat proposes to subdivide approximately 28.76 acres into 20 lots for single family detached housing, 84 lots for single family attached housing, 5 lots for common open space and 5 outlots. The Plat also includes the dedication of right-of-way for new public roadways including the continuation of South Pointe Court SW and South Pointe Drive SW. The property is located south of 60th Street SW and west of Trunk Highway 63. Planning Department Review: Applicant/Owner: Surveyors/Engineers: Referral Comments: All Pointe Development 3552 West River Parkway NW Rochester, MN 55901 McGhie & Betts, Inc. 1548 Third Avenue SE Rochester, MN 55904 RPU Water Division Park and Rec. Department Rochester Public Works Department Planning Department — GIS Addressing MN Department of Transportation Report Attachments: 1. Land Development Manual Excerpts 2. Referral Comments i letters) 3. Location Map 4. Copy of Preliminary Plat 5. Copy of the approved South Pointe GDP Development Review: Location of Property: The property is located south of 601h Street SW and west of Trunk Highway 63. The plat allows for the continuation of South Pointe Court SW and South Pointe Drive SW. BUILDING CODE 507/265-8213 - GIS/ADDRESSING/MAPPING 507/285-8232 - HOUSING/Hi 507/285-8224 PLANNING/ZONING 507/285-8232 - WELUSEPTIC 507/285.8345 FAX 5071287-2275 (w AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER �e.d. Page 2 Preliminary Plat #01-35 South Pointe 8th September 7, 2001 Zoning: Lots 20 — 28, Block 5 and Lots 7 — 17, Block 6 are zoned R-1 (Mixed Single Family) district on the City of Rochester Zoning Map. The remainder of the property is zoned R-2 (Low Density Residential) on the zoning map. Proposed Development: This development consists of 28.76 acres of land to be subdivided into 20 lots for single family detached housing, 84 lots for single family attached housing, 5 lots for common open space and 5 outlots. Roadways: The Plat also includes the dedication of right-of-way for new public roadways including the continuation of South Pointe Court SW and South Pointe Drive SW. The first roadway labeled "South Pointe Drive SW" is designed with 60' right-of-way with a 36' wide drivin�q surface. This roadway provides a connection to 60 Street SW. No parking shall be permitted on South Point Drive SW from 60'h Street SW to South Point Court SW and shall be posted as "No parking". The second roadway labeled "South Pointe Court SW" is designed with 60' right-of-way with a 36' wide driving surface. Outlot A will be a private roadway serving a townhome development. Outlot A shall also be labeled as a drainage easement. Outlots D and E will be a private roadway serving a townhome development on Outlot B. Outlot B will only be built with townhomes, if the outlot is not needed for right-of-way. Outlot C should be identified as Right -of -Way. In addition to the controlled access indicated along 60'6 Street SW, controlled access is required along the entire south and west lines of the right-of-way indicated the preliminary plat as Outlot "C". The plat also dedicates right-of-way for 601h Street SW. The official designation of all public and/or private roadways must have approval of the GIS/E911 addressing staff. if required, the signage will be determined at the time of address review. Pedestrian Facilities: In accordance with current City policy pedestrian facilities are required for this development along both sides of all new public roads. A 10' wide bituminous pedestrian path will also be required along the south side of 60'h Street. r Page 3 • ) 73 Preliminary Plat#01-35 South Pointe 8th September 7, 2001 Drainage: The elevations of this property range from 1210' along the westerly boundary to 1220' in the northeast corner. The elevation 1240' runs through the middle of the property. Grading and drainage plans will need to be approved by the City Public Works Department prior to the submittal of the final plat. A Development Agreement addressing Storm Water Management has been executed for this property. Wetlands: Minnesota Statutes now requires that all developments be reviewed for the presence of wetlands or hydric soils. The Soil Survey and National Wetland Indicator maps were reviewed for the presence of wetlands. These maps do not indicate the presence of wetlands on this site. Public Utilities: Sanitary sewer and water lines will need to be extended from their present ends to accommodate this development. An additional public utility easements is required in Lot 19, Block 5 for water main extension to serve the town home area in Block 5. Spillover Parking: As per Section 63.426 of the LDM, all residential development must provide spillover parking for service vehicles and visitors. The spillover parking for the single detached housing will require 24 stalls. It appears as though the additional parking can be accommodated on the roadways and most likely within private driveways, as well. Spill -over parking for the townhome development will be reviewed with the performance residential development site plan review process. Parkland Dedication: The City Park and Recreation Department recommends that dedication requirements be met via: the combination of reduction in previously established credits and cash in lieu of land. The applicant has 1.75 acres of parkland credits. This plat requires 2.56 acres, which is a balance of -.81 acres. This balance should be met by cash in lieu of land. General Development Plan: This property is included within the approved South Pointe General Development Plan (GDPh Page 4 Preliminary Plat #01-35 South Pointe 8th September 7, 2001 Preliminary Piat Staff Review and Recommendation: The applicant has submitted a performance residential development (PRD) site plan for a lownhome development on Blocks 1, 2, 3 and 4, The PRD plan approved for those blocks is not consistent with the lots shown on the preliminary plat. The applicant's consultant was made aware of this and will be submitting a revised PRD plan that is consistent with the plat. The revised PRD plan will need to be reviewed to ensure that the zoning district standards are still being met. As stated in Section 61.230 of the Land Development Manual, no final plat may include both conventional lots and common interest community lands. Section 61.225 of the Land Development Manual lists the findings which must be considered by the Planning Commission and the Council when reviewing a land subdivision permit application. This section is attached for your information. The Planning staff has reviewed this preliminary plat request for compliance with the Rochester Zoning Ordinance and Land Development Manual including Section 61.225 of the LDM. If the CPZC wishes to forward this preliminary plat to the City Council at this time, staff recommends the following conditions I modifications: The Plat shall be revised: a. Identifying Outlot "C" as "Right -of -Way". b. Indicating controlled access along the entire south and west lines of the right- of-way indicated on the preliminary plat as Outlot "C'. c. Labeling Out/ot "A" as a drainage easement. d. Providing an additional public utility easement in Lot 19, Block 5 for water main extensions required to serve the town home area in Block 5. 2. The official designation of all public andlor private roadways must have approval of the GISIE911 addressing staff. 3. The applicant agrees that this plat will have an impact on the City's need for parkland and that the dedication should be handled in the form outlined in the August 24, 2001 Memorandum from the Rochester Park and Recreation Department. 4. No parking shall be allowed, at any time, along either side of South Pointe Drive SW from 600' Street SW to South Point Court SW. and must be posted "No Parking". 5. The applicant shall submit a revised Performance Residential Plan (PRD) plan that is consistent with the plat, to be reviewed and approved by the planning staff. 6. In addition to meeting current City Policy regarding pedestrian facilities, a 10' wide bituminous pedestrian path is required along the south side of 60`4 Street SW. 17q Page 5 • • ' f ✓ / Preliminary Plat #01-35 South Pointe 8th September 7, 2001 7. Consistent with other developments approved along trunk highway corridors, the Owner shall incorporate noise abatement designs into the buildings constructed within this development, in compliance with State and/or Federal Noise Abatement Regulations, and waive its right to request future government provision of any noise abatement related to T.N. 63. Reminder to Applicant. Prior to development, the property owner will need to execute a City 7 Owner Contract for construction of all public infrastructure and utilities to serve this subdivision. This Plat is subject to the Subdivision regulations which became effective May 15, 1999. Approved grading, drainage and construction plans will need to be submitted with the final plat application, if the applicant intends to record the final plat documents prior to completion of infrastructure improvements. Page 6 • !7� Preliminary Plat 401-35 South Pointe 8th September 7, 2001 CITY OF ROCHESTER ZONING ORDINANCE AND LAND DEVELOPMENT MANUAL EXCERPTS 61.225 Finding for Land Subdivision: The Zoning Administrator, Commission or Council shall approve a development permit authorizing a land subdivision if all of the following findings with respect to the proposed development are made: A. The proposed land subdivision conforms to all relevant requirements of this ordinance and variances have been granted to permit any nonconformance. B. That the proposed water system and sanitary sewer system are adequate to serve the normal and fire protection demands of proposed development and to provide for the efficient and timely extension to serve future development. C. That the plan for soil erosion and stormwater management meets the adopted standards of the City of Rochester and is consistent with the adopted Stormwater Management Plan or adopted drainage or stormwater policies. D. That the vehicular and non -motorized system is consistent with adopted transportation plans and is consistent with the street layout standards listed in Section 64.120 and traffic service standards in Section 61.526. E. That the lot and block layout provide for safe and convenient vehicular, service and emergency access, efficient utility service connections, and adequate buildable area in each lot for planned uses. F. That the proposed land subdivision has taken into account the current 6-Year and other Long -Range Capital Improvements Programs and the elements listed therein in the design of the subdivision. G. That the proposed subdivision, if in a resident zoning district, -addresses the need for spillover parking consistent with the requirements of Section 63.426. H. That right-of-ways and easements of adequate size and dimensions are -provided for the purpose of constructing the street, utility, and drainage facilities needed to serve the development. I. That the proposed parks, trail thoroughfares and open space dedications are consistent with adopted plans, policies and regulations. J. That the proposed subdivision will not have off -site impacts on the street, drainage, water or wastewater systems that exceed adopted standards. K. That the proposed subdivision will not have adverse impacts on the safety or viability of permitted uses on adjacent properties. L. That the proposed land subdivision is designed in such a manner as to allow for continued development in an efficient manner on adjacent undeveloped lands. Page 7 Preliminary Plat #01-35 South Pointe 8th September 7, 2001 0 !1 7 M. That the soils, topography and water tables have been adequately studied to ensure that all lots are developable for their designated purposes. N. That the proposed land subdivision is consistent with the standards of the City's adopted Comprehensive Plan. O. That any land located within Zone A as shown as on the currently adopted Flood Boundary and Floodway Maps of the Flood Insurance Study, Rochester, Minnesota prepared by the Federal Emergency Management Agency, is -determined to be suitable for its intended use and that the proposed subdivision adequately mitigates the risks of flooding, inadequate drainage, soil and rock formations with severe limitation for development, severe erosion potential or any other floodplain related risks to the health, safety or welfare of the future residents of the proposed subdivision in a manner consistent with this ordinance. 61.226 Conditions on Approvals: In considering an application for development permit to allow a land subdivision, the approving body shall consider and may impose modification or conditions to the extent that such modifications or conditions are necessary to insure compliance with the criteria of Section 61.225. Effective May 15, 1999 4 � 178 Rochester-Olmsted Planning Department GIS/Addressing Division 2122 Campus Drive SE Rochester, MN 55904-4744 Phone: (507)285-8232 Fax: (507)287-2275 PLAT REFERRAL RESPONSE DATE: August 30, 2001 TO: Jennifer Garness FROM: Planning Dept. Addressing Staff CC: Lyle Felsch RE: SOUTH POINTE EIGHTH A review of the preliminary plat has turned up the following ADDRESS and ROADWAY related issues. 1. The official designation of all public and/or private roadways must have approval of the GIS/E911 Addressing Staff. 2. Supplementary Address Signage and the incurred costs may be required to eliminate complicated or confusing addressing situations. This signage must be coordinated with the GIS/ E-911 Addressing Staff in cooperation with the Rochester Fire Department. if required, this signage will be determined at the time of address review. � i "))'. I m ICn �! I I n I, �, 'hoc ROCHESTER PARK AND #REATION DEPARTMENT/ 201 FOURTH STREET SE ROCHESTER MINNESOTA 55904-3769 TELE 507-281-6160 FAX 507-281-6165 MEMORANDUM DATE: August 24, 2001 TO: Jennifer Garness Planning RE: South Pointe 8th Preliminary Plat #01-35 Acreage of plat.......................................................... Number of dwelling units ............................................. Dwelling unit density ................................................... Density factor............................................................. Dedication............................................................... Fair market value of land ............................................. 28.76 units 105 units 3.65 units/a .0244 2.56 acres $10,000/acre The Park and Recreation Department recommends that dedication requirements be met via: Combination of reduction in previously established credits and cash in lieu of land with payment due prior to recordation of plat. Dedication Due This Plat..............................2.56 units Remaining Previously Established Credits ..... (1.75) acres Cash in Lieu of Land Dedication 0.81 acres O:\DSTOTZ\2001\DEDICATION\SW 2897\SOUTH POINTE BTH.DOC rpw �', 11 0 0 101� We pledge, We deliver August 30, 2001 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: Preliminary Plat #01-35 by All Pointe Development to be known as South Pointe Eighth. Dear Ms. Gamess: Our review of the referenced preliminary plat is complete and our comments follow: 1. Additional public utility easements will be required in Lot 19, Block 5 for water main extensions required to serve the town home area in block 5. 2. Revisions to the proposed water system layout are required. We have provided the applicant's engineering firm with these comments. Please contact us at 507-280-1600 if you have questions. Very truly yours, LO'' "44X Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention Bureau McGhie & Betts, Inc. All Pointe Development Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 0 Garness Jennifer From: Debra Persoon[Debbie.Persoon@dot.state.mn.us] Sent: Tuesday, September 04, 2001 2:00 PM To: garness.jennifer@co.olmsted.mn.us Cc: Dale Maul; Fred Sandal Subject: No Significant Impact on Mn/DOT roadways Preliminary Plat #01-35 by Al Pointe Development to be known as South Pointe Eighth is acceptable with Minnesota Department of Transportation. The long range planning for TH 63 is for a possible interchange at 60th Street SW. This platting is trying to accomodate the long range plan with the Outlot proposals. Debbie Persoon-Bement, Plan and Plat Coordinator Minnesota Department of Transportation District Six - Rochester 2900 48th Street NW Rochester, MN 55901-5848 Phone: (507) 281-7777 Fax: 507-285-7355 E-Mail: debbie.persoon@dot.state.mn.us 10CHESTEOR Minixe6ota TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Mark E. Baker DATE: 8/31/01 1 �A DEPARTMENT OF PUBLIC WORKS 2014 Street SE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX — 507-281-6216 The Department of Public Works has reviewed the requested application for Preliminary Plat #01-35 on the South Pointe Eighth property. The following are Public Works comments on the proposal: 1. A Development Agreement has been executed for this property. 2. Development of this property will require platting. 3. Execution of a City -Owner Contract will be required prior to construction of public infrastructure to serve this development. 4. The Owner shall incorporate noise abatement designs into the buildings constructed within this development, in compliance with State and/or Federal Noise Abatement Regulations, and waive its right to request future government provision of any noise abatement related to T.H. 63. 5. Outlot 'C', as shown on the preliminary plat should be identified as ROW vs. an Outlot. 6. In addition to the Controlled Access indicated on the plat, access control is required along the entire south and west lines of the right-of-way indicated on the preliminary plat as Outlot V. 7. Preliminary Construction Plan comments will be provided separately to the Developer's Engineer. 8. Outlot A should also be labeled as a drainage easement. 9. No parking on South Point drive from 60th Street to South Point Court. Charges/fees applicable to the development of this property are addressed in the executed Development Agreement, with the exception of: C• Contribution for Seal Coat @ $0.47 per square yard of public street surface. 4• Street signs as determined by the Traffic Division (4 street name signs and 1 stop sign) C:\WINDOWS\Temporary Internet Files\0LKB0221PP01-35 South Pointe 8th.doc IOCHESTE*R Wi nnedo Ea TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Mark E. Baker �3 DEPARTMENT OF PUBLIC WORKS 201 4t" Street SE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX — 507-281-6216 NOTE: When calculating charges for this subdivision a credit of 0.11 acres will be applied for SAC. J9266 Water Tower, J9361 WM, and Storm Water Management, based on an overpayment for South Pointe 6 & 7. C:SWINDOWS1Temporary Internet FIIes\OI-KB0221PP01-35 South Pointe 8th.doc Page 11 0 a i 9y / City Planning and Zoning Commission Minutes Hearing Date: September 12, 2001 necessary by the Fire Department because o e distance from the public street to the house sites it should Ike provided. 8. The common ownership docui for recording with the final plat. maintenance of and access tot assumption of liability and pro interest. The documents sh b City Attorney before recor�atioi PUBLIC HEARINGS: Its f Outlot A should be provided to the City documents shall insure continued roperty, provide a responsible party for t tax payment and the protection of the public re ' weand found acceptable to the Rochester Preliminary Plat #01-35 by All Pointe Development to be known as South Pointe Eighth. The plat proposes to subdivide approximately 28 76 acres into 20 lots for single family detached housing 84 lots for single family attached housing 5 lots for common open space and 5 outiots The Plat also includes the dedication of right-of-way for new public roadwa s including the continuation of South Pointe Court SW and South Pointe Drive SW The property is located south of 60` Street SW and west of Trunk Highway 63. Mr. Jeff Elierbusch presented the staff report, dated September 7, 2001, to the Commission. The staff report is on file at the Rochester -Olmsted Planning Department. Ms. Wiesner asked if they could have townhome lots that are 14 feet wide. Mr. Ellerbusch responded yes, but in fact the narrowest lot is 16 feet wide. The applicant's representative, Ms. Kristi Clarke, of McGhie and Betts, Inc., addressed the Commission. She explained that there would be shared driveways and that there was a 35 foot setback. Ms. Clarke stated that the applicant does not have any objections to the staff -recommended conditions. With no one else wishing to be heard, Ms. Petersson closed the public hearing. Ms. Wiesner moved to recommend a Development to be known.as South I Mr. Staver seconded the motion Thi 1 The; U.::+IIIU Wallll -- of-way_ir c.�_. Labeling d +`Providin extensio ?reliminary Plat #01-35 by All Pointe th with staff -recommended conditions. rried 6:-0 Page 12 City Planning and Zoning Commission Minutes Hearing Date: September 12, 2001 2. The official designation of all public and/or private roadways must have approval of the GIS/E911 addressing staff. 3. The applicant agrees that this plat will have an impact on the City's need for parkland and that the dedication should be handled in the form outlined in the August 24, 2001 Memorandum from the Rochester Park and Recreation Department. 4. No parking shall be allowed, at any time, along either side of South Pointe Drive SW from 60" Street SW to South Point Court SW. and must be posted "No Parking". 5. The applicant shall submit a revised Performance Residential Plan (PRD) plan that is consistent with the plat, to be reviewed and approved by the planning staff. 6. In addition to meeting current City Policy regarding pedestrian facilities, a 10' wide bituminous pedestrian path is required along the south side of 60`" Street SW. 7. Consistent with other developments approved along trunk highway corridors, the Owner shall incorporate noise abatement designs into the buildings constructed within this development, in compliance with State and/or Federal Noise Abatement Regulations, and waive its right to request future government provision of any noise abatement related to T.H: 63::_ OTHER BUSINESS: 1. Parking Regulations_ - Mr. Wheeler stated that Mr. Wise memo refers certain sections of the Ordinance. He stated that all of the following sections wo d need to b amended: Section 60.200 Sec n 62.252 Section 62.240 •: Section 62.220 Se ion 63.122 Section 62.250 Section 62.223 tion 63.441 Section 62.440 :• Section 62.230 ction 63.455 Section 62.265 Ms. Wiesner moved to initiate a residential parking. Mr. Ohly sE Section 60.5 Section,62.2 Sectwn.62.: :•=Section 62..s •2•, `Section 62.2 d• -Section 63.1 A Section 63.4 F A sections with regard to carried 6-0. REQUEST FOR COUNCIL ACTION MEETING 461 DATE 10-01-01 StG I KJN: PUBLIC HEARINGS ING DEPT: I ITEM NO. PLANNING M DESCRIPTION: Final Plat #01-36 to be known as Roberta's Replat PREPARED BY: Jeff Ellerbusch, September 26, 2001 Planning Department Review: See attached staff report dated September 26, 2001 The Planning Staff has reviewed the submitted final plat and would recommend approval subject to the following conditions: 1. Revise the plat to show necessary utility easements for any required public water main or fire hydrant locations as noted in the referral from the Public Works Department. The owner or representative should investigate this matter with the Fire Department and the Water Department. 2. The applicant should provide to the Public Works Department, the Fire Department, and the Planning Department complete copies of the private driveway and parking easement to insure there is adequate access to Lot 2 of this plat. The easement documents in recordable form should be submitted with the final plat documents to the City for recording with the final plat. 3, The applicant shall enter into a Pedestrian Facilities Agreement with the City for the future construction of a pedestrian path along the entire frontage of this plat as recommended by Public Works. Other development charges such as the storm water management fees (if necessary), sewer availability, and watermain connection as listed in the Public Works memo dated 9126101 shall be paid prior to or concurrent with connection permits for development. Prior to construction on any of the vacant lots in this plat, the developer will need to provide the following: Approved grading and drainage plans meeting the storm water management requirements on site or through voluntary participation in the City's Storm Water Management Plan and the payment of a storm water management fee. Submittal and approval of Site Development Plans prior to development on a lot in the plat with attention given to the requirements of the Fire Department for hydrants, emergency vehicle access roadways, street directional signs and fire lane signage, and properstreet address display. 5. Execute a City -Owner contract for water main or sewer extensions if required by the City Public Works Department. n ,,-, A,� 'ay access will not be permitted into Lot 2 or under which conditions a modification to the driveway approach can be made. Council Action Needed: 1. A resolution approving the plat can be adopted. Attachment: Staff Report dated September 26, 2001. COUNCIL ACTION: Mofionby: Second by: to: Location of Proposed ROBERTA'S REPLAT EXISTING LAND USE: INSURANCE OFFICE ON LOT 1 5025 HWY 52 NORTH N /g 7 Location of ••! e• •, R O N ROCHESTER-OLAISTED PLANNING DEPARTMENT 2122 Campus Drive SE, Suite 100 - Rochester, MN 55904-4744 C O U N T Y OF www.olrnstedcounty.com/planning TO: Rochester Common Council FROM: Jeff Ellerbusch, Senior Planner DATE: September 26, 2001 RE: Final Plat #01-36 to be known as Roberta's Replat Planning Department Review: Applicant/Owner: Surveyors/Engineers: Bruce Fujan 5025 Hwy. 52 North Rochester, MN 55901 McGhie & Betts, Inc. 1648 3rd Ave. SE Rochester, MN 55904 KpCH F.S'rElt.pf / 9cl- RATED•A I; CCSS Referral Comments: 1. Building Safety Department 2. Rochester Public Works 3. Rochester Fire Department All other agencies responding had no comments or objections Report Attachments: 1. Referral Comments (3 Letters) 2. Location Map 3. Aerial Photo 4. Copy of Final Plat 5. Copy of Proposed Driveway and Parking Easement Plat Data: Location of Property: This replat contains Lot 9 and a part of Lot 8 of Tongan's First Subdivision. The property is presently the site of a State Farm Insurance office located at 5025 TH 52 North. It is just north of the Slumberland Furniture Store on the west frontage road to TH 52 between 41s' and 55th Streets NW Zoning: The property is zoned B-4 (General Commercial) on the City Zoning Map. The existing insurance office would remain on Lot 1 of the plat. The location and size of the existing building still conforms to the Zoning Ordinance setback, bulk and density requirements for the new lot boundaries. BUILDING CODE 507/285-8213 - GIS/ADDRESSING/MAPPING 507/265-8232 - HOUSING/HRA 507/285-8224 «.�..�-PLANNING/ZONING 507/285-8232 - WELUSEPTIC 507/285-8345 FAX 507/287-2275 AN EOUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 2 Roberta's Replat September 26, 2001 the two lots into two differently shaped lots, each fronting on the TH 52 West Frontage Road. A vacant lot (Lot 2) of approximately 13,045 square feet is created south of the existing building and is planned to be the site of another commercial building. The existing building is situated on the 20,500 square foot Lot 1. The existing building on Lot 1 is affected by the new lot line being established approximately 12 feet from its south wall. Because the building will now be within 20 feet of a lot line, the Building Code requires that the wall closest to the property line be fire rated. This situation requires modification to the existing structure, even if nothing is built on the new lot to the south. Streets & Access: There are no new roadways being dedicated with this plat. Each lot has frontage on the TH 52 West Frontage Road. The frontage road is within the right of way for TH 52. The minimum distance between permitted access (driveway) openings on a frontage road, according to Section 64.140 ACCESS MANAGEMENT STANDARDS of the LDM, is 125 feet. The existing 20' wide driveway serving the parking lot for the insurance office on Lot 1 of this plat is located only 52 feet from the next driveway to the north serving the dental office. The closest driveway to the south is 50 feet from the south property line of Lot 2 of this plat. This plat has only a total of 177.8 feet of frontage, so no new driveway approach is allowed by ordinance into the vacant Lot 2. According to Section 64.142, changes in property boundaries do not create the right to additional access that is inconsistent with the ordinance. The existing, though nonconforming, in place driveway is allowed to remain as the only access point into this property. The lots in the plat have adequate frontage as required by Section 64.113, but the use of a joint access agreement to serve Lot 2 with access across Lot 1 is required because of the limitations on a new driveway opening described earlier. The applicant has provided a joint driveway and parking easement document that will be recorded after the final plat. The easement document refers to two exhibits that define the area subject to the ingress and egress easements and parking easements. These exhibits were not provided, but the width and location of the easement must conform to the LDM and the Fire Code. Drainage: Separate grading and drainage plans will be required /90 Page 3 Roberta's Replat September 26, 2001 at the time of any new development on the lots in this plat. No preparatory grading will take place because there are no new streets in this plat. The property is subject to storm water management requirements, and if not provided on -site, can be satisfied by paying the voluntary storm water management charge. Wetlands: Minnesota Statutes now require that all developments be reviewed for the presence of wetlands or hydric soils. The Soils Survey does not indicate hydric soils within this plat. Public Utilities: Public water mains are in place in the highway right of way along the frontage road across the entire frontage of this plat. There are no sewer mains directly available to this property in the public right of way. The existing office on the site is presently served by a private septic system. The applicant's plans show that sewer mains will be extended from the north in the highway right of way and that the existing and new building will be connected to sanitary sewer. Public Works in their referral letter suggest that the owner will be extending a private sewer line approximately 250 feet to serve the plat. Sidewalks/Trailways Presently there are no pedestrian facilities in place in front of this property along the Hwy 52 Frontage Road. Construction is required, so the owner may wish to execute a "pedestrian facilities agreement" with the City to defer construction until the entire length of the frontage road is reconstructed with pedestrian facilities. Parkland Dedication: This is non-residential land, so no parkland dedication is not required by ordinance. General Development Plan: Preliminary Plat: There is no approved General Development Plan for this property. The land was originally platted in Cascade Township in 1959. This plat is a re -subdivision of a portion of Lot 8 and all of Lot 9 of Tongen's First Subdivision. Since there are no new right-of-ways being dedicated, a land subdivision permit or preliminary plat was not required by the Zoning Administrator as permitted by Paragraph 61.221 of the Land Development Manual. Planning Staff and Recommendation: This replat creates a situation of potential non-compliance with the Building Code because of the change in distance to a property line. If modifications to the existing building are necessary to retain conformance to the Building Code, when should the changes be required to be made? lqf Page 4 Roberta's Replat September 26, 2001 There is no greater risk for the spread of fire between buildings until a structure is built on the vacant lot in this plat. It appears that it would be appropriate to require that the building must be modified prior to, or at the latest, simultaneously with the construction of a building on the southerly vacant lot. The owner's responsibility to make changes to the existing structure to remain in conformance with the Building Code could be memorialized in a development agreement. The Public Works Department initially felt there was no need for a development agreement for this plat, but there are now development issues that can legitimately be addressed in an agreement. A development agreement could set forth the conditions upon which the City would issue a permit for construction on either lots in the plat dependent on the action by the applicant to make building corrections satisfactory to the Building Safety Department. It could also address the fact that a driveway approach will not be issued to Lot 2 of the plat as well as the storm water management charge, pedestrian facilities requirements, development charges and the requirement for an owner contract prior to the utility extensions. The Planning Staff has reviewed the submitted final plat and would recommend approval subject to the following conditions: 1. Revise the plat to show necessary utility easements for any required public water main or fire hydrant locations as noted in the referral from the Public Works Department. The owner or representative should investigate this matter with the Fire Department and the Water Department. 2. The applicant should provide to the Public Works Department, the Fire Department, and the Planning Department complete copies of the private driveway and parking easement to insure there is adequate access to Lot 2 of this plat. The easement documents in recordable form should be submitted with the final plat documents to the City for recording with the final plat. 3. The applicant shall enter into a Pedestrian Facilities Agreement with the City for the future construction of a pedestrian path along the entire frontage of this plat as recommended by Public Works. Other development charges such as the storm water management fees (if necessary), sewer availability, and watermain connection as listed in the Public Works memo dated 9126101 shag be paid prior to or concurrent with connection permits for development. 4. Prior to construction on any of the vacant lots in this plat, the developer will need to provide the following: • Approved grading and drainage plans meeting the storm water management requirements on site or through voluntary participation in the City's Storm Water Management Plan and the payment of a storm water management fee. • Submittal and approval of Site Development Plans prior to development on a lot in the plat with attention given to the requirements of the Fire Department for hydrants, emergency vehicle access roadways, street directional signs and fire lane signage, and proper street address display. 5. Execute a City— Owner contract for water main or sewer extensions if required by the City Public Works Department. 6. Enter into a development agreement with the City that incorporates any of the items in the 5 previously listed conditions, but specifically assures that the existing office building on Lot 1 will be brought into conformance with the Building Code concurrent /941� Page 5 Roberta's Replat September 26, 2001 with or prior to a new building being constructed on Lot 2 and that a driveway access will not be permitted into Lot 2 or under which conditions a modification to the driveway approach can be made. n :3/9AM : •iig � 3 � t 6e ., � � �� g•Ia8 z a F :�-s all l @ Y11 -.is oil � �! ie 5 � � �'�• SLa i e� Q3 = :9�� a g• Sc 2 s' i 9 0 � 4�. �� 3 d � 99 A €66i@yi 338.8ee. 9 �. 9 l f6_ 9i 3 Y B S:6 !'pg e 9 Ail S 4 05� Zy 0 • / 6 � �'- T g4i C i r S �P P 4 b0 o »: N r N v $ o J a � R O P T »A Fo .o O J .a ADM a » d � N i1'cic �» S r J j6,mJ M NOISG.IQHnS J.S9W S.N39NO.L Algal oil lt'i3g9e !! a a g!'t3�a °i �i g3 �;• � is ! �� : �: 8 .ram � •: 3 I! E S�SIe 9�� rg 4' Ec t IJ � 3r =tE �k gy3l � C y$ iiieee 9.gg: w E g7 a 3 is'�; RS R8 f E _7 D a'd9 �E:;ya qq z 1W, Memo To: Jennifer Gamess, Planning Department From: Randy S. Johnson Date: September 20, 2001 Re: Final Plat #01-36 by Bruce E. Fujan to be known as Robert's Replat. The plat proposes to resubdivide all of Lot 9 and a part of Lot 8, Tongen's Subdivision into 2 lots. The property is located along the West Frontage Road of T.H. 52 with a present address of 5025 Hwy 52 North. The proposed replat appears to indicate the establishment of new property lines that may effect the code compliance of the existing buildings and/or structures. Buildings are required to be provided with fire rated walls and protected openings in accordance with the 1997 UBC Section 503. Depending on the location of the building relative to the property lines, the existing building may need to be upgraded to meet these requirements. Please let me know if you have any questions or concems. Thank you 0 Page 1 0 ROCHESTER i'f /innesota TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Mark E. Baker DATE: 9/26/01 )ql DEPARTMENT OF PUBLIC WORKS 201 4" Street SE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX - 507-281-6216 The Department of Public Works has reviewed the application for Final Plat #01-36 on the Roberta's Replat (Revlat of Lot 9 and part of Lot 8 Tongen's Subdivision). The following are Public Works comments on the proposal: 1. Grading & Drainage Plan review & approval will be required during the review process for development of proposed Lot 2, Block 1, as well as, for any additional development or redevelopment of the proposed Lot 1, Block 1 2. A Storm Water management Charge will apply, for any new areas of impervious surface associated with the development or redevelopment of this property, if on -site detention is not provided. 3. Execution of a City -Owner Contract, and dedication of applicable utility easement(s) will be required if the extension of public watermain and or the addition of hydrant(s) is required for development of this property. 4. Construction of Pedestrian Facilities is required along the entire frontage of this property. The Owner may request to execute a Pedestrian Facility Agreement, prepared by the City, to address its obligations. 5. The Development charges identified below are due prior to / concurrent with issuance of any new connection permits for sewer & water to serve this subdivision. The area of this proposed subdivision that is currently described as part of Lot 8, Tongen's Subdivision has previously been assessed, and paid for the Trunk Sanitary Sewer Area Charge (SAC) portion of J8996 (Note the connection charges that were assessed to Lot 8 were attributable to the northerly portion of Lot 8, that is not included in this proposed Subdivision). In addition to SAC, both Lots 8 & 9, Tongen's Subdivision have previously been assessed and paid for the J8475 Water Tower. Remaining Charges/fees applicable to the development of this property include the following (Note: The rates below are adjusted August I" each year. The Owner will be responsible for payment of the applicable charges on the newly created lots, prior to any service connections, and at the rates in place at the time of payment.): Sewer Availability Charge (SAC) for area previously platted as Lot 9, Block 1, Tongen's Subdivision @ $1709.89 per acre a Watermain Connection Charge for the entire easterly line (177.80 feet) of the proposed Subdivision @ $38.39 per foot of frontage. As proposed the Owner will be extending a private service line for sanitary sewer, approximately 250 feet to serve this property. Based on this proposal the Owner would not be subject to a connection charge for Sanitary Sewer. r Stormwater Management, if on -site detention is not provided = TBD C:IWINDOWS\Temporary Internet Files101-00227P01-36 Roberta's Replal (L8 and L9 Tongen's Subd).doc REQUEST FOR COUNCIL ACTION Jq7 MEETING 5U; I ION: PUBLIC HEARINGS PLANNING DATE: 10-01-01 ITEM NO. :M DESCRIPTION: Final Plat #01-41 by Elcor Realty, Inc. to be known as Villas of PREPARED BY: nadger Ridge CIC # 185. The plat proposes to resubdivide Lot 1, Block 7 of Badger Ridge Theresa Fogarty, Subdivision, containing approximately 1.40 acres, into 10 lots for single family attached Planner housing and one common lot. The property is located along the south side of Monroe Drive NW and west of Superior Drive NW. September 27, 2001 Planning Department Review: See attached staff report dated September 27, 2001, recommending approval subject to the following modifications / conditions: 1. The applicant agrees that this plat will have an impact on the City's need for parkland and that the dedication should be handled in the form outlined in the September 18, 2001 Memorandum from the Rochester Park and Recreation Department. 2. The documents assigning long-term maintenance of common lands and facilities shall be recorded concurrent with the final plat documents (mylars). 3. Construction of concrete sidewalk is required along the frontage of Superior Drive NW and Monroe Drive NW. Execution of a City -Owner Contract is required if this project involves the extension of pubic watermain and/or addition of hydrant(s) that are not included in the approved construction plans and City -Owner Contract for Badger Development. Council Action Needed: 1. A resolution approving the plat can be adopted, Distribution: 1. City Administrator 2. City Clerk 3. CityAttomey 4. Planning Department File 5. Planning Department, GIS Division 6. Applicant: This item will be considered sometime after 7:00 p.m. Chambers at the Rochester / Olmsted County Government Center. 7. Yaggy Colby Associates on Monday, October 1, 2001 in the Council UNCILACTION: Mo6onby: Second by: to: $€ �p55C $ iei •di a ell 4jF a ay� i` ysylIdF g!1co ism, if I LLl V LU V W Fp w t AEI ! O Z 1;LU F Ff lot ,ygJigy; t° EE 1d%f a O U OF- Q LU a 6°at7 sI ` r zif Jet-+ o NOISINGens .H„ 101ino ` M 95'8ft .Lt,6tiA5 « UZ N I rU WS na P'P ItMi iW wo I WP IM6 u.P FP WR OpQ 05 p I tM RR J_ a 041 �N co �m NXA 0 3 i i€ t i ! f t o w/^"! bV Ni I �4 Ol pp 1= _f� i104 N 'p4 Y1 N1_ J /l lot �NiV f C Y 9 yi IF— so/� G�O Fp, /=3 '� � ..,'aM St'BLf .Ct,6fAfZ y3JOV8 � M u 3n Iaa 30 NNoN p _________ - a A o NOISInIOenS 0211H1 3001a 830ode �V�UV N ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 COUNTY OF www.olmstedcounty.com/planning TO: Rochester Common Council FROM: Theresa Fogarty, Planner �du-�wl�eMR I�ONA iili�'� N7lIO DATE: September 27, 2001 RE: Final Plat #01-41 by Elcor Realty, Inc. to be known as Villas of Badger Ridge CIC #185. The plat proposes to resubdivide Lot 1, Block 7 of Badger Ridge Subdivision, containing approximately 1.40 acres, into 10 lots for single family attached housing and one common lot. The property is located along the south side of Monroe Drive NW and west of Superior Drive NW. Planning Department Review: Applicant/Owner: Elcor Realty 3532 West River Parkway NW Rochester, MN 55901 Surveyors/Engineers: Yaggy Colby Associates 717 3rd Avenue SE Rochester, MN 55904 Referral Comments: 1. Rochester Public Works Department 2. RPU — Water Division 3. Planning Department - Addressing 4. Planning Department — Wetlands 5. Rochester Park & Recreation Department 6. MnDOT 7. Fire Department 8. Rochester Building & Safety Report Attachments: 1. Referral Comments ( 3 Letters) 2. Copy of Final Plat 3. Location Map Plat Data: Location of Property: This plat is located along the south side of Monroe Drive NW and west of Superior Drive NW The property is zoned R-3 (Medium Density Zoning: Residential) district on the City of Rochester Zoning Map. BUILDING CODE 5071285-8213 • GIS/ADDRESSING/MAPPING 507/285-8232 • HOUSING/HRA 507/285-8224 ..va<nn• PLANNINWONING 507/285-8232 • WELUSEPTIC 507/285-8345 FAX 507/287.2275 •W AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 2 Villas of Badger Ridge CIC 185 September 27, 2001 ao I Proposed Development: The applicant is proposing to re -subdivide Lot 1, Block 7 of Badger Ridge Subdivision, containing 1.40 acres, into 10 lots for single family attached housing and one common lot. The applicant received approval for a Performance Residential Development plan on this property in September of 2001. Roadways: There are no new roadways being dedicated with this Plat. The roadways were platted in the Badger Ridge Subdivision. Pedestrian Facilities: Construction of sidewalk, as specified in the Development Agreement, along the entire frontage of Superior Drive NW and Monroe Drive NW concurrent with the development of the property. Wetlands: Minnesota Statutes now require that all developments be reviewed for the presence of wetlands or hydric soils. The Soils Survey does not indicate hydric soils within this Plat. Drainage: Grading and drainage plans have been approved by the City Public Works Department. Public Utilities: Utilities will be available to serve the property. Separate utility services are required to be provided to each dwelling unit. The utilities are not permitted to encroach into or through the adjacent lots. Execution of a City -Owner Contract will be required if this project involves the extension of public watermain and/or the addition of hydrant(s) that are not included in the approved construction plan and City -Owner Contract of Badger Ridge. Spillover Parking: As per Section 63.426 of the LDM, all residential development must provide spillover parking for service vehicles and visitors. This development requires 12 spillover parking stalls. It appears as though the additional parking can be accommodated on the roadways and most likely within private driveways, as well. No parking will be allowed on the south side of Monroe Drive NW. Parkland Dedication: The City Park and Recreation Department recommends that dedication requirements be met via: Reduce deferred parkland dedication by 1.08 acres. The 30' wide pedestrian access to the park which is located south of Lot 1 shall be included with this development's grading and landscaping (turf Page 3 Villas of Badger Ridge CIC 185 September 27, 2001 establishment) plan. Preliminary Plat: This Plat does not dedicate right-of-way for any new roadways. A Preliminary Plat was not required for this Final Plat. Plannin_q Staff and Recommendation: The Planning Staff has reviewed the submitted final plat in accordance with the Rochester Zoning Ordinance and Land Development Manual and would recommend approval of this final plat subject to the following conditions / modifications: 1. The applicant agrees that this plat will have an impact on the City's need for parkland and that the dedication should be handled in the form outlined in the September 18, 2001 Memorandum from the Rochester Park and Recreation Department. 2. The documents assigning long-term maintenance of common lands and facilities shall be recorded concurrent with the final plat documents (mylars). 3. Construction of concrete sidewalk is required along the frontage of Superior Drive NW and Monroe Drive NW. 4. Execution of a City -Owner Contract is required if this project involves the extension of pubic watermain and/or addition of hydrant(s) that are not included in the approved construction plans and City -Owner Contract for Badger Development. a off' 0 • a0 RO CHE S TER i'4/ircnedola DEPARTMENT OF PUBLIC WORKS 2010 Street SE Room 108 TO: Consolidated Planning Department Rochester, MN 55904-3740 2122 Campus Drive SE 507-287-7800 Rochester, MN 55904 FAX -507-281.6216 FROM: Mark E. Baker DATE: 9/26/01 The Department of Public Works has reviewed the application for Final Plat #01-41 on the Villas of Badger Ridge CIC#185 (replat of Lot 7, Block 1, Badger Ridge Subdivision). The following are Public Works comments on the proposal: I. A Development Agreement has been executed for this property. 2. Execution of a City -Owner Contract will be required if this project involves the extension of public watermain and/or the addition of hydrant(s) that are not included in approved construction plans, and City -Owner Contract for Badger Ridge. 3. Construction of sidewalk is required, as specified in the Development Agreement, along the entire frontage of Superior Dr NW & Monroe Dr NW, concurrent with the development of this property. 4. Based on the number, and spacing of driveways proposed for this development, there will be no parking allowed along the south side of Monroe Dr NW. 4 Charges /fees applicable to the development of this property have previously been addressed in the City -Owner Contract for Badger Ridge First Subdivision, and have been paid. C:IWIND0WS1Temperary Intemet Filesl0LKS0221FP0141 Villas of Badger Ridge CIC185 ( L7 Bt Badger Ridge Subd).doc ROCHESTER PARK AND RI%REATION DEPARTMENT 201 FOURTH ZSTREET SE ROCHESTER MINNESOTA 55904-3769 T TELE 507-281-6160 FAX 507-281-6165 MEMORANDUM DATE: September 18, 2001 TO: Jennifer Garness Planning RE: Villas of Badger Ridge Final Plat #01-41 CIC #185 Acreage of plat.......................................................... 1.40 a Number of dwelling units ............................................. 10 units Dwelling unit density ................................................... 7.14 unitsla Density factor............................................................ .0178 Dedication............................................................... .18 acres Fair market value of land ............................................. NA The Park and Recreation Department recommends that dedication requirements be met via: Parkland dedication for Lot 1 Block 7 Badger Ridge First was calculated to be 1.26 acres at the time of final plat approval ( Oct 16 '00). This PRD will reduce the original deferred parkland dedication by 1.08 acres. Original dedication ....... 1.26 acres PRD #01-29 dedication .18 acres Reduction (1.08 acres) The 30' wide pedestrian access to the park which is located south lot Lot 1 should be included with this development's grading and landscape (turf establishment) plan. Applicant: Badger Ridge Townhomes 3552 W River Pkway 0:\DST0TZ\2D01\DEDICATICN\NW 2898\BADGER RIDGE VILLAS.DOC Memo To: Jennifer Gamess, Planning Department From: Randy S. Johnson Date: September 20. 2001 Re: Final Plat #01-41 by Elcor Realty, Inc. to be known as Villas of Badger Ridge CIC #185. The plat proposes to resubdivide Lot 1, Block 7 of Badger Ridge Subdivision, containing approximately 1.40 acres, into 10 lots for single family attached housing one common lot. The property is located along the south side of Monroe Drive NW and west of Superior Drive NW. The above referenced Plat appears to indicate new construction that is regulated under the Building Code and will require building permits. Complete plans and specifications are required to be submitted for a building permits prior to construction. The proposed construction appears to consist of attached single-family dwellings (townhomes) on separate lots with property lines between the units. Please verify the following items: Separate utility services (i.e, sewer, water, gas, electric, etc.) are required to be provided to each dwelling unit. The utilities are not permitted to encroach onto or through the adjacent lots. The dwelling units are required to be provided with fire rated walls at property lines in accordance with the 1997 UBC Section 503. Please let me know if you have any questions or concerns. Thank you e Page 1 REQUEST FOR COUNCIL ACTION MEETING V�p� DATE: 10-01-01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS PLANNING M DESCRIPTION: Final Plat #01-42 by GAC Theaters, LLC to be known as Chateau PREPARED BY: Subdivision. The plat proposes to plat the property where the existing Shopko store is Brent Svenby, and where a theater is under construction into 4 lots. The property is located along the Planner north side East Circle Drive NE (CSAH 22) and along the east side of Trunk Highway 63. September 27, 2001 Planning Department Review: See attached staff report dated September 27, 2001, recommending approval subject to the following modifications / conditions: 1. The applicant shall provide to the Public Works Department and the Planning Department copies of a private access easement to insure adequate access to Lot 2, Block 1. The easement documents in recordable form shall be submitted with the final plat documents to the City for recording with the final plat documents 2. The applicant shall execute a "No Build" easement to insure that the existing Shopko store is in compliance with the building code. The applicant shall provide copies of the "No Build" easement to the Planning Department, the Pubic Works Department and the Building and Safety Department. The easement documents in recordable form shall be submitted with the final plat documents to the City for recording with the final plat documents. The plat shall be revised to include the access/turn-around easement that has been granted to the City on the easterly edge of the plat. 4. The plat shall be revised to include an additional public utility easement that is needed for the planned relocation of the fire hydrant near the easterly corner of Lot 3, Block 1. 5. Execution of a City -Owner Contract is required prior to the construction of public infrastructure to serve development on the property. 6. Concurrent with the development on Lot 1, any needed repairs/reconstruction of the bituminous path along East Circle Drive is required. Council Action Needed., 1. A resolution approving the plat can be adopted. 1. City 1. City Administrator 2. City Clerk 3. City Attorney 4. Planning Department File 5. Planning Department, GIS Division 6. Applicant: This item will be considered sometime after 7:00 p.m. on Monday, October 1, 2001 in the Council Chambers at the Rochester / Olmsted County Government Center. 7. McGhie Betts, Inc. JNCIL ACTION: Motion by: second by: to: Page 1 of 1 vip Scherr, Judy From: Barry Brobeck (barrybrobeck@home.comj Sent: Sunday, September 30, 2001 11:22 AM To: jscherr@ci.rochester.mn.us Cc: ccanfield@ci.rochester.mn.us; jhunziker@ci.rochester.mn.us; dhanson@ci.rochester.mn.us; mmarcoux@ci.rochster.mn.us; jmcconnell@ci.rochster.mn.us; wstobaugh@ci.rochster.mn.us; mevans@ci.rochester.mn.us; dsenjem@ci.rochester.mn.us Subject: Council meeting of October 1 st Ms. Scherr, We will most likely be unable to attend the council meeting scheduled for Monday, October 1 st. We believe a topic will be the further development of the Chateau theater site along 37th Street and N. Broadway. As homeowners in the Viking Hills development directly behind the theater development, we had attended an earlier meeting expressing concern for the landscaping and upkeep of the site. At an earlier meeting, Mr. Broberg, an engineer representing the Chateau property owners, said the site in question, which had been denuded of its trees erroneously, would be restored and landscaped. Mr. Broberg stated that the landscaping would be in place within three weeks of said meeting. It has now been a number of MONTHS since that meeting, and only weeds have come up through the mesh put along the hill to prevent erosion. Weeds growing through landscape mesh hardly constitute landscaping or upkeep. I would like to know why the proposed landscaping was not finished and why the company isn't being held responsible for the area that they felt necessary to denude in the first place. I understand that the company is seeking to establish additional lots in the adjoining area to develop into further retail sites. It would seem to me that the company needs to be responsible for what was originally promised the community surrounding the site before it is allowed to make further developments. Thank you for bringing our concern to the council. Sincerely, Barry and Linda Brobeck 3945 Alberta Drive NE Rochester, MN 55906 (507)529-7563 10/1/2001 R w U ROCHESTER-OLMSTED PLANNING DEPARTIIIENT 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 C 0 0 «. Y OF www.olmstedcounty.com/planning TO: Rochester Common Council FROM: Brent Svenby, Planner DATE: September 27, 2001 RE: Final Plat#01-42 to be known as Chateau Subdivision Planninq Department Review: Applicant/Owner: Surveyors/Engineers: Referral Comments: Report Attachments: Plat Data: GAC Theaters, LLC 111 South Broadway Rochester, MN 55904 Shopko Stores, Inc. 700 Pilgrim Way Green Bay, WI 54307-9060 McGhie & Betts, Inc. 1646 Third Ave. SE Rochester, MN 55904 1. RPU Water Division 2. RPU Operations Division 3. Rochester Public Works 4. Rochester Fire Department 5. Rochester Public Works Department 6. Planning Dept. - Wetlands 1. Referral Comments ( 3 Letters) 2. Location Map 3. Copy of Final Plat I� �i�,;>� Yid• uua `9int► sin aieim� Location of Property: This plat is located along the north side of East Circle Drive (CSAH 22) and east of Trunk Highway 63. Zoning: Lots 1, 3 and 4 are B-4 (General Commercial) and Lot 2 is zoned R-3 (Medium Density Residential) on the City of Rochester Zoning Map. Proposed Development: The property is being platted to divide the property into 4 lots. Lot 3 is the existing Shopko Store, Lot 1 is where the Chateau Theaters are building built. Lot 4 is shown as being parking for the theater. Lot 2 is the hillside which has been graded. BUILDING CODE 507/285-8213 • GIS/ADDRESSING/MAPPING 507/265-8232 • HOUSINGMRA 507/285-8224 .w.ewoo PLANNING20NING 507/285-8232 • WELUSEPTIC 507/285-8345 FAX 507/287-2275 "'OOO AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 2 Chateau Subdivision September 27, 2001 Streets: There are no new roadways being dedicated with this Plat. The property has access from East Circle Drive and Trunk Highway 63. Lot 2 does not have access to a roadway. Access to the Lot will need to be provided. Drainage: The City has approved grading and drainage plans for the development currently taking place on the property. The owner has requested to participate in the City's Storm Water Management Plan and pay it's applicable fee for the benefit of participation. Any additional development on the property will require that grading and drainage plans be submitted for review and approval. Wetlands: Minnesota Statutes now require that all developments be reviewed for the presence of wetlands or hydric soils. The Soils Survey does not indicate hydric soils within this Plat. Public Utilities: Execution of a City -Owner Contract is required prior to the construction of public infrastructure to serve development on this property. An additional public utility easement is needed for the planned relocation of the fire hydrant near the easterly corner of Lot 3. Spillover Parking: Parking requirements for this property were reviewed when the theater project when through the site development plan review process. Any additional development proposed in the future will require review through the site development plan process. Parkland Dedication: No parkland dedication is required for this plat. General Development Plan: There is no General Development Plan for this plat. Preliminary Plat: There was not a preliminary plat for this property. No new right-of-way is being dedicated with this Plat and there is not a need to provide connections through this plat to adjacent properties. Planning Staff and Recommendation: When the existing Shopko Store was constructed, the building was built as an unlimited area building utilizing a building code section that requires the building to be completely surrounded by yards or public ways for a distance of not less than 60 feet. The proposed plat proposes to create a property line adjacent to the building. If the required yards are compromised by the establishment of property lines, the existing building may need to be brought up to meet current �` a Page 3 Chateau Subdivision September 27, 2001 allowable area requirements of the building code or "No Build" easements will need to be recorded on the adjacent properties to maintain the 60 foot no build area. Lot 2 has no frontage to a roadway. Access will need to be provided to the Lot by the dedication of an access easement. The access easement will need to be approved by the City and recorded with the final plat documents. The Planning Staff has reviewed the submitted final plat and would recommend approval subject to the following conditions: 1. The applicant provide to the Public Works Department and the Planning Department copies of a private access easement to insure adequate access to Lot 2, Block 1. The easement documents in recordable form shall be submitted with the final plat documents to the City for recording with the final plat documents 2. The applicant shall execute a "No Build" easement to insure that the existing Shopko store is in compliance with the building code. The applicant shall provide copies of the "No Build" easement to the Planning Department, the Pubic Works Department and the Building and Safety Department. The easement documents in recordable form shall be submitted with the final plat documents to the City for recording with the final plat documents. 3. The plat shall be revised to include the access/turn-around easement that has been granted to the City on the easterly edge of the plat. 4. The plat shall be revised to include an additional public utility easement that is needed For the planned relocation of the fire hydrant near the easterly corner of Lot 3, Block 1. 5. Execution of a City -Owner Contract is required prior to the construction of public infrastructure to serve development on the property. 6. Concurrent with the development on Lot 1, any needed repairs/reconstruction of the bituminous path along East Circle Drive is required. C;;?l ! 0 ROCHESTER l"6'/inne9ota TO: Consolidated Planning Department 2122 Campus Drive SE Rochester. MN 55904 FROM: Mark E. Baker DATE: 9/26/01 07) a. DEPARTMENT OF PUBLIC WORKS 201 4'" Street SE Room 108 Rochester, MN 55904-3740 507-287-7800 FAX — 507-281.6216 The Department of Public Works has reviewed the application for Final Plat #01-42 on the Chateau Subdivision (G.A.C. Theatres / ShooKo North Site). The following are Public Works comments on the proposal: 1. A Development Agreement has been executed for this property. 2. Storm Water Management must be provided for the new impervious surface associated with the proposed theatre site, and any additional future development / redevelopment. For the proposed theatre site, the Owner has requested to participate in the City's Storm Water Management Plan (SWMP) and pay it's applicable fee for the benefit of participation totaling $84,827.50. 3. Execution of a City -Owner Contract is required prior to the construction of public infrastructure to serve development on this property. 4. The applicant should be required to amend the lot line for Lot 1, Block 1, to include the area included on the Grading Plan approved for 37" Street Theatres. The applicant should be required to show evidence that vehicular access exists to Lot 2, Block 1. If no such access can be shown, Lot 2, Block 1 should be combined with Lot 1, and / or Lot 3. 6. Any needed repairs / reconstruction of the bituminous path along East Circle Drive is required concurrent with development of this property. 7. The access / turn -around easement that has been granted to the City should be shown on the Final Plat. e Charges /fees applicable to the development of this property will be invoiced through the City -Owner Contract process for individual lot development / redevelopment. C:\WINDOWS\Temporary Internet Files\0LKB022\FP01-42 Chateau Subd (37th St Theatres - ShopKo North Site).doc rpu • • a?l3 we pledge, we deliver September 20, 2001 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: Final Plat #01-42 by GAC Theatres, LLC to be known as Chateau Subdivision. Dear Ms. Gamess: Our review of the referenced final plat is complete and our comments follow: 1. An additional public utility easement is needed for the planned relocation of the fire hydrant near the easterly comer of Lot 3, Block 1. Please contact us at 507-290-1600 if you have questions. Very truly yourWM&I s, 064A Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention McGhie & Betts, Inc. GAC Theatres, LLC Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 Rochester Building Safety Department Memo • To: Jennifer Gamess, Planning Department From: Randy S. Johnson Date: September 20. 2001 Re: Final Plat #01-42 by GAC Theater, LLC to be known as Chateau Subdivison. The plat proposes to plat the property where the existing Shopko store and theater is under construction into 4 lots. The property is located along the north side East Circle Drive NE (CSAH 22) and along the east side of Trunk Highway 63. The proposed plat appears to indicate the establishment of new property lines that may effect the code compliance of the existing buildings and/or structures. The existing Shopko store was built as an unlimited area building utilizing a building code section that requires the building to be completely surrounded by yards or public ways for a distance of not less than 60 feet. If the required yards are compromised by the establishment of property lines, the existing building may need to be brought up to meet current allowable area requirements of the building code or "No -Build" easements will need to be recorded on the adjacent properties to maintain the 60 foot yards. Please let me know if you have any questions or concerns. Thank you e Page 1 REQUEST FOR COUNCIL ACTION MEETING DATE: 10-01-01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS PLANNING G --/ "7 :M DESCRIPTION: Final Plat #01-40 by Whitetail Ridge Partners LLC to be known as PREPARED BY: ...iitetall Ridge Townhomes CIC 177. The plat proposes to resubdivide Lots 4 — 13, Block Theresa Fogarty, 4 of Badger Ridge Subdivision, containing approximately 2.14 acres, into 24 lots for single Planner family attached housing and one common lot. The property is located along the west side of Kenosha Drive NW, between Monroe Drive NW and River Falls Road NW. September 27, 2001 Planning Department Review. See attached staff report dated September 27, 2001, recommending approval subject to the following modifications / conditions: 1. The applicant agrees that this plat will have an impact on the City's need for parkland and that the dedication should be handled in the form outlined in the September 13, 2001 Memorandum from the Rochester Park and Recreation Department. 2. The documents assigning long-term maintenance of common lands and facilities shall be recorded concurrent with the final plat documents (my/ars). 3. Construction of concrete sidewalk is required along the frontage of River Falls Road NW, Kenosha Drive NW and Monroe Drive NW. Council Action Needed: 1. A resolution approving the plat can be adopted. Distribution: 1. City Administrator 2. City Clerk 3. City Attorney 4. Planning Department File & Planning Department, GIS Division 6. Applicant: This item will be considered sometime after 7:00 p.m. on Monday, October 1, 2001 in the Council Chambers at the Rochester / Olmsted County Government Center. 7. Yaggy Colby Associates UNCIL ACTION: Mouon by: second by: to: EEL •YjI-: XY758is p rr y ° Pr E .{:.. bi 4E9P,�bE i p FF ij �Y c• }Y P�4 �� FF11 :s Y .j $¢Et �_je 3 k•• 3 a: 3 s is[ d t;?j EP^ E�jB;dYr Sd ol6 {ij A.,F ajj se �k �i a Ea 1 M UOJ S ><- ]I t\ ry CW LJL O Z zt Z OD W L 0CL8 _J W Q w F- Z Z 2 O ROCHESTER-OLNISTED PLANNING DEPARTMENT O�g0CHESTF.R•RJJ,1^F 2122 Campus Drive SE, Suite 100 - Rochester, MN 55904-4744 may' •'•:fo COUNTY Of www.olmstedcounty.com/planning Rochester Common Council FROM: Theresa Fogarty, Planner DATE: September 27, 2001 RE: Final Plat #01-40 Whitetail Ridge Partners LLC to be known as Whitetail Ridge Townhomes CIC 177. The plat proposes to resubdivide Lots 4-13, Block 4 of Badger Ridge Subdivision, containing approximately 2.14 acres, into 24 lots for single family attached housing. The property is located along the west side of Kenosha Drive NW, between Monroe Drive NW and River Falls Road NW. Planning Department Review., Applicant/Owner: Whitetail Ridge Partners LLC 531 Bluff Road NW Rochester, MN 55901 Surveyors/Engineers: Yaggy Colby Associates 717 3rd Avenue SE Rochester, MN 55904 Referral Comments: 1. Rochester Public Works Department 2. RPU — Water Division 3. RPU —Operations Division 4. Planning Department— Wetlands 5. Rochester Park & Recreation Department 6. MnDOT 7. Fire Department 8. Qwest 9. Rochester Building & Safety Report Attachments: 1. Referral Comments (4 Letters) 2. Copy of Final Plat 3. Location Map Plat Data; Location of Property: This plat is located along the west side of Kenosha Drive NW, between Monroe Drive NW and River Falls Road NW. Zoning: The majority of the property is zoned R-3 (Medium Density Residential) district on the City of Rochester Zoning Map. A small portion is zoned R-2 (Low Density Residential). BUILDING CODE 507/285-B213 - GIS/ADDRESSING/MAPPING 507/285-8232 - HOUSING/HRA 507/285-8224 •.�..e....PLANNING/ZONING 507/285-8232 - WELUSEPTIC 507/285-8345 FAX 507/287-2275 "`OOOtl AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page 2 Whitetail Ridge Townhomes CIC 177 September 27, 2001 Proposed Development: The applicant is proposing to re -subdivide Lots 4-13, Block 4 of Badger Ridge Subdivision, containing approximately 2.14 acres into 24 lots for single family attached housing. The applicant received approval for a Performance Residential Development plan on this property in May of 2001. Roadways: There are no new roadways being dedicated with this Plat. The roadways were platted in the Badger Ridge Subdivision. Pedestrian Facilities: Construction of sidewalk, as specified in the Development Agreement, along the entire frontage of River Falls Road NW, Kenosha Drive NW and Monroe Drive NW concurrent with the development of the property. Wetlands: Minnesota Statutes now require that all developments be reviewed for the presence of wetlands or hydric soils. The Soils Survey does not indicate hydric soils within this Plat. Drainage: The grading and drainage plan has been approved by the City Public Works. Public Utilities: Utilities will be available to serve the property. Separate utility services are required to be provided to each dwelling unit. The utilities are not permitted to encroach into or through the adjacent lots. Execution of a City -Owner Contract will be required if this project involves the extension of public watermain and/or the addition of hydrant(s) that are not included in the approved construction plan and City -Owner Contract of Badger Ridge. Spillover Parking: As per Section 63.426 of the LDM, all residential development must provide spillover parking for service vehicles and visitors. This development requires 29 spillover parking stalls. It appears as though the additional parking can be accommodated on the roadways and most likely within private driveways, as well. Parkland Dedication: The City Park and Recreation Department recommends that the applicant is responsible for dedication for the increase in the number of dwelling units from those indicated in Badger Ridge First Subdivision. The original plat had 13 lots while this plat has 24. The Park and recreation Department recommends that dedication requirements be met via: Cash in lieu of land in the amount of $3,645. Payment is due prior to the recording of the final plat. a�� Page 3 Whitetail Ridge Townhomes CIC 177 September 27, 2001 Preliminary Plat: This Plat does not dedicate right-of-way for any new roadways. A Preliminary Plat was not required for this Final Plat. Planning Staff and Recommendation: The Planning Staff has reviewed the submitted final plat in accordance with the Rochester Zoning Ordinance and Land Development Manual and would recommend approval of this final plat subject to the following conditions / modifications: 1. The applicant agrees that this plat will have an impact on the City's need for parkland and that the dedication should be handled in the form outlined in the September 13, 2001 Memorandum from the Rochester Park and Recreation Department. 2. The documents assigning long-term maintenance of common lands and facilities shall be recorded concurrent with the final plat documents (mylars). 3. Construction of concrete sidewalk is required along the frontage of River Falls Road NW, Kenosha Drive NW and Monroe Drive NW. ael aa ROCHESTER PARK AND WREATION DEPARTMENT 201 FOURTH STREET SE ROCHESTER MINNESOTA 55904-3769 TELE 507-281-6160 FAX 507-281-6165 MEMORANDUM DATE: September 13, 2001 TO: Jennifer Garness Planning RE: Whitetail Ridge CIC 177 Final Plat 01-40 Number of dwelling units' ............................................. 11 units' Density factor............................................................ .0244 .........:.............. Dedication .............. .'". .................. .27 acres Fair market value of land., ........................................... $13,500/acre ' Applicant is only responsible for dedication for the increase in the number of dwelling units from those indicated in the 10-16-00 approval of Badger Ridge let. The original plat indicated 13 lots on this 2.13 acres and the PRD has 24 units. The Park and Recreation Department recommends be met via: Cash in lieu of land in the amount of $3,645 due prior to recordation of the final plat. Applicant: WhRetail Ridge Partners 531 Bluff Road NW Rochester that dedication requirements (.27 acres X $13,500) with payment 0:\DST0TZ\2001\DEDICATI0N\NW 2698\WHITE TAIL RIDGE.DOC ROCHESTER aaa Winnedota DEPARTMENT OF PUBLIC WORKS TO: Consolidated PlanningDepartment reef SE p 201 4"' Street SE Room 108 2122 Campus Drive SE Rochester, MN 55904-3740 Rochester, MN 55904 507-287-7800 FAX — 507-281-6216 FROM: Mark E. Baker DATE: 9/26/01 The Department of Public Works has reviewed the application for Final Plat #01-40, on the Whitetail Ridge Townhomes CIC#177 (Badger Ridge 1-4-13. B4) property. 1. A Development Agreement has been executed for this property. Charges/fees applicable to the development of this property have been addressed in the Development Agreement and City -Owner Contract for Badger Ridge. CAWINDOWSTemporary Intemet Files\OLKS022\FP01-40 Whitetail Ridge Townhomes CIC177 (Badger Ridge).doc • • DATE: TO: FROM: SUBJECT: ROCHESTER f�i7,rce�a�a September 13, 2001 Jennifer Garness, Planning Lyle Felsch, Deputy Chief ,gyp CH ESTER• Irtq:yrS il ...iCZ pR.1TF D.AVGUSS•• DAVID A. KAPLER, Chief Rochester Fire Department 201 4th Street SE, Room 10 Rochester, MN 55904-3726 (507)285-8072 FAX #(507)285-8256 Final Plat #01-40 Whitetail Ridge Townhomes CIC 177, located west of Kenosha Dr. NW between Monroe Dr. NW and River Falls Road NW With regard to the above noted general development plan, the fire department has the following requirements: 1. An adequate water supply shall be provided for fire protection including hydrants properly located and installed in accordance with the specifications of the Water Division. Hydrants shall be in place prior to commencing building construction. 2. Streets and roadways shall be as provided in accordance with the fire code, RCO 31 and the Zoning Ordinance and Land Development Manual. Emergency vehicle access roadways shall be serviceable prior to and during building construction. 3. All street, directional and fire lane signs must be in place prior to occupancy of any residential buildings. 4. All buildings are required to display the proper street address number on the building front, which is plainly visible and legible from the street fronting the property. Number size must be a minimum 4" high on contrasting background when located on the building and 3" high if located on a rural mail box at the public road fronting the property. Reflective numbers are recommended. c: Donn Richardson, RPU, Water Division Whitetail Ridge Partners, 531 Bluff Rd NW, Rochester, MN 55901 Yaggy Colby Assoc, 717 3rtl Avenue SE, Rochester, MN 55904 Qal Memo To: Jennifer Gamess, Planning Department From: Randy S. Johnson Date: September 19, 2001 Re: Final Plat #0140 by Whitetail Ridge Partners LLC to be known as Whitetail Ridge Townhomes CIC 177. The above referenced Plat appears to indicate new construction that is regulated under the Building Code and will require building permits. Complete plans and specifications are required to be submitted for a building permits prior to construction. The proposed construction appears to consist of attached single-family dwellings (townhomes) on separate lots with property lines between the units. Please verify the following items: Separate utility services (i.e. sewer, water, gas, electric, etc.) are required to be provided to each dwelling unit. The utilities are not permitted to encroach onto or through the adjacent lots. - The dwelling units are required to be provided with fire rated walls at property lines in accordance with the 1997 UBC Section 503. Please let me know if you have any questions or concerns. Thank you 0 Page 1 REQUEST FOR COUNCIL ACTION MEETING 0?0?6� DATE: 10-01-01 AGENDASECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS PLANNING :M DESCRIPTION: Vacation Petition #01-10 by Robert and Joan Nowicki to vacate PREPARED BY: ,:,a undeveloped platted right-of-way within Northern Hills 2nd Subdivision lying Theresa Fogarty, westerly of Lot 1, Block 4 and southerly of Northern Hills Drive NE. The Planner undeveloped right-of-way is located south of the intersection of Northern Hills Drive NE and Northridge Lane NE. September 25, 2001 Planning Department Recommendation: See attached staff report dated September 5, 2001. Staff recommends approval of the vacation petition subject to the following: 1. The northerly five feet, westerly of Lot 1, Block 4, Northern Hills 2nd Subdivision parallel to Northern Hills Drive NE, remain as a utility easement. The Planning & Zoning Commission reviewed this vacation request at the September 12, 2001 meeting. The Commission recommended approval of the vacation petition. Mr. Burke moved to recommend approval of Vacation Petition #01-10 by Robert and Joan Nowicki with the staff recommended condition. Mr. Staver second the motion. The motion carried 6-0. Council Action Needed: 1. Following the hearing, if the Council wishes to proceed, it should instruct the City Attorney to prepare a resolution to approve the vacation petition as recommended by the City Planning and Zoning Commission. Attachments: 1. Staff Report dated September 5, 2. Minutes of the CP&ZC Septemberr 1212, 2001 meeting. Distribution: 1. City Administrator 2. City Clerk 3. City Attorney: Copy of legal description is attached 4. Planning Department File 5. Applicants: This item will be considered by the Council sometime after 7:00 p.m. on Monday, October 1, 2001, in the Council/Board Chambers at the Government Center, 151 4`n Street SE, Rochester, MN. COUNCIL ACTION: Motion by: second by: to: 1/ m5walm, MON 19 J Vacation #01-10 Robert & Joan Nowicki 200' Notification Distance Ward 5 Evans 08/17/01 OU wy z � s\ h 7 6>° 0 $'y \e +Q '��/^ N6>05 S6.2g36 •'W \ 8 3 lt�24 a 'v h . DE ° �•. tie `� /vQ - � �v,, �'\ . Di qp• 25 o ry u N o DE 4,05 25 r/ /2/r 2 N o 26 ry `�0- N 6>o 53 MA 'r•. `'fib d�oso - Np o' `rso9a6"Wy DR a e 4' sb9r oyy 69q� z N po° opU ``)22j, ' ME olA y2 /`?O47 �� Bg = N N N 30 ' i 2 N N O 2 P� 13 or / /3 �9i 6>°g3'� 8g NN 28.g3 S 36" q7 2 .0.1 /h .\ C7 �`/ ,c 12 90p 6TOg3. W gS06' ii�'LN ij\ 2 - -( - ��IB•/p i o`Y g o Spa 36 4go/w i i BE c� \ . u�O 7 06 F 7 ?8 ' o I I s' 90� �F� 9'I 3 \ Q;' AD, 986ry z o O 8/� i 4 92e 3 Ol 'E \`SLp 2 p� 110 0 �` N s>ry �7 / C oy� s� CGS <a: N6Ze 's\ ° 3 4 �\ 99 I I N p I Fp IV-/ / �'i tT UO'LO \ 9>�36za 4 0/ 00 8 --.Islas---- po _ __ _ 4'p9° r 90 O? �pp\`� 7n- la N88°26'46"E -7 Ir �/2'22 -Q7 /2 5 oh r rleo��` a VN / 2 298 i `/v Al 6?.* 6 p! 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O F www.olmstedcounly.com/planning TO: City Planning and Zoning Commission FROM: Theresa Fogarty, Planner DATE: September 5, 2001 u �s�fll:caFw RE: Vacation Petition #01-10 by Robert and Joan Nowicki to vacate the undeveloped platted right-of-way within Northern Hills 2nd Subdivision lying westerly of Lot 1, Block 4 and southerly of Northern Hills Drive NE. The undeveloped right-of-way is located south of the intersection of Northern Hills Drive NE and Northridge Lane NE. Planning Department Review: Petitioner(s): Robert and Joan Nowicki 802 Northern Hills Drive NE Rochester, MN 55906 Reason to Vacate: The right-of-way was platted in 1997 and was never developed. The applicants have maintained this property since the early 1980's. Referral Comments: Report Attachments: Staff Recommendation: Rochester Public Utilities - Operations Division Qwest Communications 1. Vacation Petition 2. Vacation / Location Map 3. Referral Comment (2 letters) The right-of-way was platted in the Northern Hills 2"d Subdivision. At one time this roadway was planned to continue to the south, which is no longer the case. There is a townhome development to the south. This right-of-way was never built and the applicant has maintained the area since 1980. A utility easement should be maintained over the northerly 5' of the right-of-way, running parallel to Northern Hills Drive NE. Staff recommends approval of the vacation petition subject to the following: The northerly five feet, westerly of Lot 1, Block 4, Northern Hills 2"d Subdivision, parallel to Northern Hills Drive NE, remain as a utility easement. BUILDING CODE 507/285-8213 - GIS/ADDRESSING/MAPPING 507/285-8232 - HOUSING/HRA 507/285-8224 PLANNING/ZONING 507/285-8232 - WELUSEPTIC 507/285-8345 05y^ FAX 507/287-2275 -adm AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER �-. City of Rochester, Minnesota f 4F DATE: b IS Zy O / TO: Mayor and Common Council City Hall City of Rochester, Minnesota 55901 PETITION TO VACATE PUBLIC RIGHT-OF-WAY OR UTILITY EASEMENT aaq We, the undersigned, are the owners of the following described property located within the City of Rochester, Minnesota, and we constitute 50% or more of the owners of the property on the line of the public property herein described to be vacated: (Describe here or attach a separate list showing the legal descrip- tion and full ownership of each adjoining parcel.) OWNERS NAME (If in joint tenancy, both or all ` parties must sign), 1 LEGAL DESCRIPTION We hereby petition the Common Council of the City of Rochester, Minnesota, to vacate the .following described public property: The facts and reasons for suchvacationare as follows: ((` r(/,,� 1. �Topve wit dQC c1ne 2S a_ Q_t C. 0� W2. 2 3. a 1 a' L( a4L., Ye J a QM%s IN Sheet 1 of 2 • a 80 rpu we pfrdye, rare defEller 507/280-1579 August 27, 2001 TO: Jennifer Gayness, Planning Department Rochester -Olmsted Planning Department FROM: Michael J. Engle, Supv. of Distribution Design Rochester Public Utilities SUBJECT: Vacation Petition #01-10 by Robert and Joan Nowicki to vacate the undeveloped platted right-of-way within Northern Hills 2nd Subdivision lying westerly of Lot 1, Block 4 and southerly of Northern Hills Drive NE. The undeveloped right-of- way is located south of the intersection of Northern Hills Drive NE and Northridge Lane NE. RPU's Operations Division has no objection to this Vacation as long as the Northerly five feet of the property, parallel to Northern Hills Drive, remains as a utility easement. Sincerely, Michael J. Engl mje Rochester Public Utilities, 4000 East River Road NE, Rochester, MN 55906-2813 telephone 507.280.1540 facsimile 507.280.1542 RO_ STER-OLMSTED PLANNING DEPAR' 4T 2122 CAMPUS DRIVE SE — SUITE 100 V-1/ J ROCHESTER, MN 55904 PHONE (507) 285-8232 FAX (507)287.2275 Date: August 15, 2001 To: Agencies Indicated Below From: Jennifer Garness, Planning Department Subject: Vacation Petition #01-10 by Robert and Joan Nowicki to vacate the undeveloped platted right-of- way within Northern Hills 2nd Subdivision lying westerly of Lot 1, Block 4 and southerly of Northern Hills Drive NE. The undeveloped right-of-way is located south of the intersection of Northern Hills Drive NE and Northridge Lane NE. This application is scheduled for consideration by the City Planning and Zoning Commission on September 12, 2001. in the Council/Board Chambers of the Government Center, 151 4'" Street BE. In order for the Planning Department to prepare a thorough review of this application, we would appreciate receiving your comments by August 31, 2001, You may also appear at the meeting if you so desire. Your cooperation and assistance Is greatly appreciated. If you have comments, In addition to forwarding them to the Planning Department please send a copy to: Robert & Joan Nbwicki 802 Northern Hills Dr NE Rochester MN 55906 City Acencles County Agencies Other Agencies i. Public Works 14. Health Department 18. School Board Richard Freese Rich Peter Jeff Kappers 2. Fire Department 18. Public Works 19. Peoples Natural Gas Lyle Felsch 16. GIB Division Neal Clausen 3. Crime Prevention Randy Growden 20. Qwest OK1DonKetdell Darrel Hildebrant, Gov. Don Kendall Qwadhoaolibpatlolt Center 17. Environmental Resource ffi�g M Services 21. Charter relocometift 4. RPU Operations Division Communications Mike Engle 22. MN DOT 5. RPU Water Division Dale Maul Donn Richardson 23. Post Office 6. Park & Recreation Supervisor Denny Stutz 24. MN DNR 7. Building Safety Jim Cooper Ron Boose 25. SWCD 8. City Attorney 26. Peoples Coop Dave Goslee Rick W elllk 9. Downtown Dev. Dist. Doug Knott 10. City Administration and extend existing 5' utility casement from lot #1 Terry Spaeth to the west along the north side of property to vacated 11. Susan Waughtal Neighborhood Organizer 12. Transportation Planner Charlie Reiter 13. John Hadord, Planning Dept. a3� MINUTES OF THE CITY OF ROCHESTER PLANNING COMMISSION 2122 CAMPUS DRIVE SE —SUITE 100 ROCHESTER MN 55904 Minutes of the regularly scheduled meeting of the City Planning and Zoning Commission held on Wednesday, September 12, 2001, at 7:00 p.m. in the Council/Board Chambers of the Government Center, 151 4th Street SE, Rochester, MN. Members Present: Ms. Mary Petersson, Chair; Mr. Randy Staver, Vice Chair; Mr. Ardell Brede; Ms. Lisa Wiesner; Mr. Paul Ohly; and Mr. James Burke Members Absent: Mr. Michael Quinn; Mr. John Hodgson; and Ms. Leslie Rivas Staff Present: Mr. Jeff Ellerbusch; Mr. Phil Wheeler; and Ms. Jennifer Garness Other City Staff Present: None ADMINISTRATIVE BUSINESS: Mr. Burke made a motion to approve the minutes of August 22, 2001, as written. Mr. Staver seconded the motion. The minutes from August 22, 2001 were approved unanimously. Ms. Wiesner made a motion to approve the agenda, moving item C1 (Vacation Petition #01-10 by Robert and Joan Nowicki) to the first agenda item. Mr. Ohly seconded the motion. The motion carried unanimously. Mr. Ellerbusch explained that the applicant asked that Item B2 listed on the agenda (Preliminary Plat #01-29 by Forbrook-Bigelow Development) be continued indefinitely. RIGHT-OF-WAY VACATION: right-of-way within Northern Hills 2"° Subdivision lying westerly of Lot 1, Block 4 and southerly of Northern Hills Drive NE. The undeveloped right-of-way is located south of the intersection of Northern Hills Drive NE and Northridge Lane NE. Mr. Jeff Ellerbusch presented the staff report, dated September 5, 2001, to the Commission. The staff report is on file at the Rochester -Olmsted Planning Department. REQUEST FOR COUNCIL ACTION MEETING r. 33 DATE: 10-01-01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS — Continued Item PLANNING /L _ M DESCRIPTION: Vacation #99-13 by Dan Meyer and Mary Kay Thomas to vacate the PREPARED BY: `oot utility easement along the common lot lines of Lots 14 and 15, Block 2, The Brent Svenby, Aspens, and the 5 foot utility easement along the south lot line of Lot 15. The properties Planner are located on the end of Aspen Lane SW, east of Highland Court SW. September 27, 2001 Planninq Department Recommendation: See attached staff report dated September 27, 2001. Council Action Needed: 1. Following the hearing, if the Council wishes to proceed, it should instruct the City Attorney to prepare a resolution to approve the vacation petition as submitted. Attachments: . Staff Report dated September 27, 2001 J 1, Distribution: 1. City Administrator 2. City Clerk 3. City Attorney: Copy of legal description is attachedf 4. Planning Department File 5. Applicant: This item will be considered by the Council sometime after 7:00 p.m. on Monday, October 1, 2001, in the Council/Board Chambers at the Government Center, 151 4th Street SE. A .,c�L �/'Go**�-�' /�-'�., tom` '�"e'z--e•-� �c.4—� COUNCIL ACTION: Motion by: Second by: to: OU-MEE© Q3Y • Vacation #99-13 Dan Meyer & Mary Kay Thomas 200' Notification Distance Ward 2 Marcoux 09/13/01 S bv' 11 1 67 fll,\\ps $ 3 4p6 ILS A _ _ y .m R N&N3 h /3.62 �^ E S9B°4302 . -_.�. � ___ I _ I _-_..-i �\ a I SBB°43 E i I � � 139.75 139.0 , d-2B°/6jwl ----.. .i4 9/.3/ r 1-246B S86043Q2 E i r�I0o5tl5.�o �� till 8 L SBB'CY;Sp —/40 / IdSi'.H2&T' °0/.50'E rl i —8029— 72.GYI 72 Y 60—Blk?7— . 8I t I I, m zSCv Q7. T2Lb 00 ----329./4---- — N89°0/30-W ------ uw.uomN uo SrZr-r£91LQ�1 8jis a9 M .� uo f 321f1IJ3LIHJNY 3AI Lt'AONNI ((A o Z � r � TT 1 LLJ .•,fib' !' dr. r'L LO �e 4}d' . q NO N (n U m O N m � Z l.0 CL V) Q w o S J F-- 0 J A B ,�• ` bY. b ROCHESTER-OLAISTED PLANNING DEPARTMENT 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 COUNTY OF www.nimstedcourty.com/planning TO: City Planning and Zoning Commission FROM: Brent Svenby, Planner DATE: September 27, 2001 Q�,e„tsTDk.,a37_ kpGTJ�4Sl4%rrt'��.O�i Rq TEU. p �,����cT•. RE: Vacation #99-13 by Dan Meyer and Mary Kay Thomas to vacate the 10 foot utility easement along the common lot lines of Lots 14 and 15, Block 2, The Aspens, and the 5 foot utility easement along the south lot line of Lot 15. The properties are located on the end of Aspen Lane SW, east of Highland Court SW. This item was previously continued indefinitely at the City Council's October 18, 1999 meeting. Planning Department Review: Petitioner(s): Dan Meer 1303 3 Avenue SW #3 Rochester. MN 55902 Mary Kay Thomas 1303 3ro Avenue SW #1 Rochester, MN 55902 Property Description: The property is described as Lots 14 and 15, Block 2, The Aspens. These are vacant lots. Reason to Vacate: The petitioners are requesting the vacation of a 10- foot utility easement that runs along the common lines of Lots 14 and 15, as well as the vacation of a 5-foot utility easement that runs along the south line of Lot 15, in order to avoid any future encroachment upon these easements. Report Attachments: 1. Location Map 2. Parcel Map 3, Approved Grading Plan 4. Original Staff Report 5. Minutes of the October 18, 1999 Council Meeting Staff Review and Recommendation: BUILDING CODE 507/285-8213 • GIS/ADDRESSING/MAPPING 507/285-8232 • HOUSING/HRA 507/285-8224 ............. PLANNING/ZONING 507/285-8232 • WELL/SEPTIC 507/285-8345 FAX 507/287-2275 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Vacation 15, LR 3 y Lots 14 & 15Block 2, The Aspens U 09/27/01 This vacation petition was originally schedule before the City Council on October 18, 1999. At that time, the applicant requested that the petition be continued until such a time that the City approved a grading and drainage plan for the property. A grading and drainage plan was approved by the City Public Works Department on July 18, 2001. Staff recommends approval of the vacation petition subject to the following condition: 1. if the construction is different than the currently approved grading plan, a revised detailed grading plan shall be approved by the City of Rochester Public Works Department prior to the issuance of building permits. Ah OF &OG NESTER .11/.q-.IDS (/ ✓ / ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 CAMPUS DR SE ROCHESTER MN 55904-4744 ADMINISTHAIION/ 5071285-8232 PLANNING GIS/ADDRESSING/ 507/285-8232 TO: Rochester City Council MAPPING HOUSING/HRA 507/285-8224 FROM: Sandra Goslee, Planner BUILDING CODE 507/285-8213 WELUSEPTIC 507/285-8345 DATE: September 15, 1999 FAX 507/287-2275 RE: Vacation Petition # 99-13 by Dan Meyer and Mary Kay Thomas to vacate the 10- foot utility easement along the common lines of Lots 14 and 15, Block 2, The Aspens, and the 5-foot utility easement along the south line of Lot 15. The properties are located on the end of Aspen Lane SW, east of Highland Court S W. Planning Department Review: Petitioners: Dan Meer 1303 3` Avenue SW #3 Rochester, MN 55902 Mary Kay Thomas 1303 3rtl Avenue SW #1 Rochester. MN 55902 Property Description: The property is described as Lots 14 and 15, Block 2, The Aspens. These are vacant lots. Reason to Vacate: The petitioners are requesting the vacation of a 10-foot utility easement that runs along the common lines of Lots 14 and 15, as well as the vacation of a 5-foot utility easement that runs along the south line of Lot 15, in order to avoid any future encroachment upon these easements. Referral Comments: 1. RPU Operations Division 2. RPU Water Division 3. Rochester Public Works 4. Planning Department — Wetlands 5. US West Report Attachments: 1. Location Map 2. Parcel Map .,C� AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Vacation #99.10 i July 21, 1999 Staff Review and Recommendation: Because the utilities serving Lots 14 and 15 run through the utility easements located along the front lines of these lots, the petitioners request that their common 10-foot utility easement and the 5-foot utility easement running along the south line of Lot 15 be vacated. They ask this to avoid any future encroachments on these easements. While Rochester Public Utilities and US West have noted that they have no objection to this matter, the Rochester Public Works Department has voiced concerns about this proposal. They state that there is a history of surface water drainage problems in this area resulting from The Aspens subdivision and these lots in particular. As a result, they believe that these easements may be needed in the future for drainage purposes. Public Works, therefore, requests that a detailed site grading/drainage plan that addresses and alleviates the historic surface water drainage problems should be submitted to Public Works for review prior to approval of this request. The Planning Staff supports Public Works' request and recommends that this application be tabled until the requested detailed site grading/drainage plan is reviewed by City staff. RUCHESTE� aye Minnesota 9/15/99 TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Michael J. Nigbur DEPARTMENT OF PUBLIC WORKS 2010 Street SE Room 108 Rochester, MN 55904-3740 507.287-7800 FAX — 507-281-6216 The Department of Public Works has reviewed the requested application for a Vacation Request #99-13 by Dan Meyer and Mary Kay Thomas. The following are the Public Works comments on the proposal: 1. There has been a history of surface water drainage problems resulting from the Aspen's Subdivision, and this lot in particular. 2. Public works can not support the vacation request based on the information which has been received. Based on the past drainage problems, the utility easements may be needed in the future for drainage purposes. A detailed site grading / drainage plan which addresses and alleviates the historic surface water drainage problems should be submitted to Public Works for review prior to approval of this request. C:\TEMP\VAC9913.doc rpu rte �/�d�r, !v� dePlvrr 507/280-1579 September 10, 1999 TO: Suzanne LaPalm, Planning Department FROM: Michael J. Engle, Supv. of Distribution Design Rochester Public Utilities RYA SUBJECT: Vacation Petition #99-13 by Dan Meyer and Mary Kay Thomas to vacate the 10 foot utility easement along the common lot lines of Lots 14 and 15, Block 2, The Aspens, and the 5 foot utility easement along the south lot line of Lot 15. The properties are located on the end of Aspen Lane SW, east of Highland Court SW. RPU's Operations Division has reviewed this preliminary plat and has no objections. Sincerely, `M, a4-- Michael J. Engle ks Rochester Public Utilities, 4000 East River Road NE, Rochester, MN 55906-2813 telephone 507.280.1540 facsimile507.280,1542 rpu we p4ayr' we defiver September 8, 1999 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 % ay3 REFERENCE: Vacation Petition 499-13 by Dan Meyer and Mary Kay Thomas to vacate the 10' utility easement along the common lot lines of Lots 14 and 15, Block 2 The Aspens and the 5' utility easement along the south line of Lot 15. Dear Ms. LaPalm: Our review of the referenced petition is complete and we have no objections. Please contact us at 507-280-1600 if you have any questions. Very truly yours, 0644A R Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mike Nigbur, City Public Works Lyle Felsch, Fire Prevention Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 ROCHESTER•OLMSTED PLANNING DEPARTMENT 2122 CAMPUS DRIVE SE ROCHESTER, MN 55904 FAX (507)287.2275 Date: September 3, 1999 To: Agencies Indicated Below From: Suzanne LaPalm, Planning Department Subject: Vacation Petition #99.13 by Dan Meyer and Mary Kay Thomas to vacate the 10 foot utility easement along the common lot lines of Lots 14 and 15, Block 2, The Aspens, and the 5 foot utility easement along the south lot line of Lot 15. The properties are located on the end of Aspen Lane SW, east of Highland Court SW. This application is scheduled for consideration by the City Council on September 20, 1999, at 7:00 p.m. in the Council/Board Chambers at the Government Center, 151 4" Street SE. In order for the Planning Department to prepare a thorough review of this application, we would appreciate receiving your comments by September 14, 1999. You may also appear at the meeting if you so desire. If you have comments, In addition to forwarding them to the Planning Department, please send a copy to: Dan Me?rer Mary Kay Thomas 1303 3' Avenue SW #3 1303 3 ° Avenue Sw #1 Rochester MN 55902 Rochester MN 55902 Your cooperation and assistance is greatly appreciated. City Agencies County Aaencies Other Agencies 1. Public Works 14. Health Department IT School Board Richard Freese Rich Peter Eariene Wiekre 2. Fire Department 15. Public Works 18. Peoples Natural Gas Lyle Felsch 16. GIS Division Paul Curry 3. Crime Prevention 19, US West US I✓ dT4.5 A)O Robert Miller, Gov.Center Dean Erdman _fr�- 4. RPU Operations Division C�/ t'G•I p rl� y R ( S Pe 20. Bresnan Communications Mike Engle 21. MN DOT V i 5. RPU Water Division Steve Alderson Donn Richardson 6. Park 8 Recreation22. Post Olfice Supervisor Denny Stolz - 23. MN DNR 7. Building Safety Jim Cooper Don Wass 24. SWCD 8. City Attorney Dave Goslee 25. Peoples Coop 9. Downtown Dev. Dist Rick Weliik 7%/f Doug Knott 10. City Administration Terry Spaeth 11. Jerry Dooley Neighboorhood Organizer 12. Transportation Planner 13. John Harford, Planning Dept. NOTE: CITY PUBLIC WORKS DEPARTMENT, CITY ENGINEER: PLEASE INDICATE IF THE STREET IDENTIFICATION 15 CORRECT IF THE ATTACHED IS A PLAT. I - v. . .v-. - „v , ii i� vvrvuwu�v 4UVIN L,L / 5714 CITY OF ROCHESTE. 11NNESOTA Regular A '9 vnP�,. ri Maating Nn 77 — October 18 19g9 Agenda Item D-17 dopted Resolution No. 645-99 entering into an Assessment Agreement with star, a Limited Partnership, and Schoenfelders Southstar, Inc. for Projec o. 971 9 (J-9577) "Sanitary Sewer and Watermain Extension to Serve 22n venu S.E., 2 Avenue S.E., 25th Avenue S.E., and 26th Avenue S.E., South Pinewoo oad S.E.; Fairview Court S.E. North of Pinewood Road S. and in Pinewood d S.E. from Fairview Court S.E. to a Point East of 30t venue S.E. to Serve a Re tence Located at 3020 Pinewood Road S.E.". D-18 Approved amendm s to RC0 Chapter 70 Concrete Sidewal riveways, Curbs and Gutters, defining uirements of and for the contractor setting bonds and license fees by resolutio\ndinstruct the City Attorney to epare the required ordinance for adoption. D-19 Approved amendments ter 71 Curbs urb Cuts and Driveways to reference "approved spd establi g fees by resolution, and to Chapter 72 Maintenance and Repair Id s, to require notice by certified mail and authorizing work to be done by staff ssessed by the Common Council and instructed the City Attorney to preps required ordinance for adoption. 0-20 Approved amendments to RCO Ch r 76 Su ision and Control of Sewers defining permit requirements and ablishing ins nce and license fees by resolution /48hreet ct the City orney to prepare t required ordinance for adoption. D-21 Adopted RNo. 6-99 authorizing payment of S lemental Agreement #2 in the a4.00 for Project No. 6248 4-97 (J- 16) "Basic Constructioreet N.W., from 31" Avenue to 1550 fee est".D-22 Adopted RNo. 647-99 adding Paragraph (2.4) to Sectio "Passenger and Comming Zones" of the Comprehensive Traffic and king Resolutionead: First Avenue S.E./400 Block on the west side of the street, on the side of the premise known as Amalgated Audi, #40 S.E., all times, 15-minute limit. 0-23 �/4dopted Resolution No. 648-99 authorizing the transfer a surplus of $75,096 from ,r the 1998 general fund to the CIP account J-2091, Purchase of Buses. Ayes (7), Nays (0). Motion carried. A Continued Hearing on Vacation Petition #99-13by Dan Meyer and Mary Kay Thomas to vacate 10-foot utility easement along common lines of Lots 14 and 15, Block 2 and 5-foot utility easement along south line of Lot 15. The applicants have asked that this item be continued indefinitely due to the unavailability of a contractor to fulfill the required grading and drainage information. Councilmembers Senjem moved, Stobaugh seconded, to table Vacation Petition Agenda Item .UHD OF OFFICIAL. PROCEEDING F THE COVMON COUP,,C, CITY OF ROCHESTEFWIINNESOTA Regular Adjourned Meeting No 22 — October 18 1999 5715 aq( #99-13 by Dan Meyer and Mary Kay Thomas for an indefinite period of time. Ayes (7), Nays (0). Motion carried. A Tabled Hearing on Land Use Plan Amendment #99-4 by Klaxon Properties, Inc. on property located on the north side of 2"d Street N.W., just west of TH 5,0 Coun embers Marccux moved, Stobaugh seconded, to remove t tem from the tab Ayes (7), Nays (0). Motion carried. Wishing \her ard was Tim Trimble, Klaxon Properties, St. is Park. Mr. Trimble aId that Council they are willing to pay for on alf the cost of a traffic sig'her the 19" or 230 Avenue intersections allow for the greater flow of trecond Street from their project. He o informed the Council another pa rnative that was just put together th the Shorewood developeoul Ilow a hookup with First Stre W. and allow neighbors to come thrSho wood development to acc s23id Avenue. Mr. Trimble said that ve tried meet the neighborho concerns of another access other tha19°i Ave es. Wishing to be heard was Je ale, 1835 st Street S.W. Mr. Hale told the Council that the streets in the a are to mall to handle the traffic. There is a great need for a stop light at eithAH9 19d 20'" Avenue intersection with Second Street S.W. Wishing to be heard was Geral9'"Avenue N.W. He is opposed to the project due to the increased traes stated that the traffic will come down the shortest and straightem Avenue. Wishing to be heard was Sc Moon, 1811 and Street S.W. with Sargents Nursery. He was concern about the increas in traffic and the potential loss of parking near their busine .Traffic could be a\Anuie ver the next two years until the traffic signal is ' tailed. Wishing to be heard s Steven Dobson, 122 1S.W. Mr. Dobson thanked Klaxon for orking with the neighbors. that there had to be another entrance er than 19'" or 20d' Avenuethe traffic. Wishing to be and was Barb Olson, 7 18'" Avenue S.W., ling the opposition by most of the n hbors. She also noted that everyone walks Itthe neighborhood and they wil a unable to do so with the increased traffic. Wishing t e heard was Dale Eckert, 1820 West Center Stre\unab ert express his concern about the number of children in the neThey Curren have only a small park and have to cross 19'" Avenucess. He also id that the disabled individual in the neighborhood will use the stre to walk in. Wi0hing to be heard was Matt Olson, 7 18'" Avenue S.W. He asked if the N had looked at the 16 acres of property that the project is to be placed on and REQUEST FOR COUNCIL ACTION MEETING ail DATE: 10/1/01 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. RESOLUTIONS AND ORDINANCES CITY ATTORNEY'S OFFICE G ITEM DESCRIPTION: PREPARED BY: RESOLUTIONS AND ORDINANCES TERRY ADKINS G. 1. RESOLUTIONS G. 2. FIRST READING OF ORDINANCES, as appropriate. G. 3. SECOND READING OF ORDINANCES (for adoption). a) An Ordinance Annexing to the City of Rochester Approximately 54.63 Acres of Land Located in a Part of the West Half of the Northwest Quarter of Section 4 and in a Part of the Northeast Quarter of Section 5, Township 106 North, Range 14 West, Olmsted County, Minnesota. Said Property Located Along West Circle Drive South of Meadow Lakes Golf Course. G.4. MISCELLANEOUS COUNCIL ACTION: mobonby: Second by: to: