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Home My WebLink About10/16/2006_RegularCITY OF ROCHESTER COUNCIL AGENDA COUNCIL/BOARD CHAMBERS GOVERNMENT CENTER 151 4T" STREET SE MEETING NO. 25 REGULAR ADJOURNED PLEDGE OF ALLEGIANCE PAGE 1-2 A) OPEN COMMENT PERIOD B) CALL TO ORDER OCTOBER 16, 2006 7:00 P.M. C) LETTERS AND PETITIONS 3-4 1) Presentation of County Human Rights Commission Award 5-6 2) Update on Youth Commission Activities 7-8 D) CONSENT AGENDA/ORGANIZATIONAL BUSINESS 1) Approval of Minutes 9-12 2) KR-7 Reservoir Parking Lot 13-14 3) Advertise for Bids: (J1945) Audio Visual Improvements to Council Chambers/Board Room 15-16 4) Consider initiating a Land Use Plan Amendment and Zoning District Amendment on the Kingsley property located south of 29th Street S.E., east of Marion Road 17-18 5) Disorderly Use Property Violations at 113 10th Street NW 19-20 6) Council authorization to remove proposed development project parcels from tax abatement "district' 21-22 7) Licenses, Bonds & Miscellaneous City Activities 23-24 8) Set Hearing for Assessing Weed Removal, Snow Removal, Debris Removal, Tree Removal, Impound Towing, Secure Property, Sidewalk Repair and Sewer/Water/Electric 25-26 9) Approval of Accounts Payable 27-28 10) Authorization of Access to FAA Passenger Facility Charge Database 29-34 11) Wetland Delineation and Replacement Plan — Dry Wall Supply 35-36 12) Request to Initiate Text Amendment to Section 61.211 to add an exception 37-38 13 Additions to the Municipal State Aid Street System 39-40 14) Revocable Permit — Emergency Exit Staircase in Easement Area at 5721 Bandel Road NW 41-44 15) Establish No Parking Zone: Harvestview 3`d Subdivisions Council Agenda h' Monday, October 16, 2006 Page 2 of 2 45-48 16) Parking Changes 200 and 300 Block 5th Ave SW, 200 Block 3rd Street NW, 300 Block 2nd Ave NW Venue 17) Owner Contract- J5259 "Grandeville Phosphorus Infiltration Trenches and Associated Public Features 18) Owner Contract — Public Improvements to Serve the Zumbro Valley Mental Health Center— J5256 E) HEARINGS 49-50 1) Land Use Plan Amendment #06-03 by Weis Development Corporation to amend the Rochester Urban Service Area Land Use Plan from medium density residential to commercial 51-52 2) Zoning District Amendment #06-06 by Weis Corporation to amend the Zoning Map from R-3 Medium Density Residential to CDC Fringe 53-54 3) General Development Plan #271 by Weis Development Corporation to be known as Village on 3`d 55-62 4) Continued Hearing on Vacation Petition #06-12 by Bradley & Rayelle Goeden to vacate a utility easement along the southeasterly line of Lot 46, Block 1 Northern Heights East Sixth Subdivision. 63-78 5) Restricted Development Permit #06-27 by GP Development on property located west of Odyssey Drive SW and south of Weston Place SW. 79-102 6) Type III, Phase III Amendment to Conditional Use Permit #04-41 by Carl Johnson/Drywall Supply and requesting a Substantial Land Alteration. 103-118 7) Final Plat #06-24 by Badger Hills LLC to be known as Badger Hills Third Subdivision 119-132 8) Final Plat #06-25 by Meadow Lakes Builders of Rochester LLC to be known as Patio Homes of Meadow Lakes 133-138 9) Vacation Petition #06-13 by Timberland Partners XXXVII, LLP to vacate a utility easement located north from 401h Street NW and runs underneath the 835 40'h Street Building. F) REPORTS AND RECOMMENDATIONS 1) Sound Amplification Requests G) RESOLUTIONS AND ORDINANCES 139-140 H) TABLED ITEMS 1) OTHER BUSINESS J) ADJOURNMENT REQUEST FOR COUNCIL ACTION MEETING l DATE: 10/16/06 DA SECTION: ORIGINATING DEPT: OPEN COMMENT PERIOD CITY ADMINISTRATOR DESCRIPTION: OPEN COMMENT PERIOD 0 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. COUNCIL ACTION: Motion by: second by: to: REQUES'i' FOR COUNCIL ACTION LETTERS AND PETITIONS Administration ITEM DESCRIPTION: PRESENTATION OF COUNTY HUMAN RIGHTS AWARD MEETING DATE: 10/16/0� ITEM NO. r C� 1 PREPARED BY: S. KVENVOLD Megan Welch, the Youth Commissioner of the Olmsted County Human Rights Commission, wishes to present an award to Chief Peterson and the Police Department for outstanding service and advocacy in promoting an inclusive, welcoming and safe community. COUNCIL ACTION: Motion by: second by: to: MEETING 6 / REQUEST FOR COUNCIL ACTION LETTERS AND PETITIONS I Administration ITEM DESCRIPTION: UPDATE ON YOUTH DATE: It =z S.KVENVOLD Mary Gorfine has requested a few minutes to update the Mayor/Council on the activities of the Youth Commission. COUNCIL ACTION: Motion by: Sewed by: t0: REQUEST FOR COUNCIL ACTION MEETING DATE: 10/16/06 CONSENT AGENDA CITY ADMINISTRATOR ITEM DESCRIPTION: APPROVAL OF CONSENT AGENDA ITEMS D-1-16 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: 1) Approval of Minutes —2) KR-7 Reservoir Parking Lot Audio Visual Improvements to Council 3) Advertise for Bids: (11945) Chambers/Board Room 4) Consider initiating a Land Use Plan Amendment and Zoning District Amendment on the Kingsley property located south of 29th Street S.E., east of Marion Road 5) Disorderly Use Property Violations at 113 loth Street NW 6) Council authorization to remove proposed development project parcels from tax abatement "district' 7) Licenses, Bonds & Miscellaneous City Activities 8) Set Hearing for Assessing Weed Removal, Snow Removal, Debris Removal, Tree Removal, Impound Towing, Secure Property, Sidewalk Repair and SewerlWater/Electric 9) Approval of Accounts Payable 10) Authorization of Access to FAA Passenger Facility Charge Database 11) Wetland Delineation and Replacement Plan — Dry Wall Supply 12) Request to Initiate Text Amendment to Section 61.211 to add an exception 13) Additions to the Municipal State Aid Street System 14) Revocable Permit — Emergency Exit Staircase in Easement Area at 5721 Bandel Road NW -15) Establish No Parking Zone: Harvestview 3rd Subdivisions 16) Parking Changes 200 and 300 Block 5th Ave SW, 200 Block 3`d Street NW, 300 Block 2Id Ave NW Venue COUNCIL ACTION REQUESTED: Motion to approve consent agenda items COUNCIL ACTION: Motion by: Second by: tW REQUEST FOR COUNCIL ACTION CONSENT I CITY ADMINISTRATOR ITEM DESCRIPTION: KR-7 RESERVOIR PARKING LOT MEETING DATE: 10/16/06 ITEM NO. G.NEUMANN The city and 7PB staff have been discussing a potential parking lot project at the KR-7 reservoir with the Kalmar Township Board that would permit access for fishing and passive recreational purposes at this reservoir. The Kalmar Township Board initiated these discussions and has been very cooperative and receptive in our discussions to date, which we sincerely appreciate. The Board will be discussing this further at their next meeting. We have discussed entering into a Memorandum Of Understanding (MOU) between the City and the Kalmar Township Board that would memorialize how the construction will occur and that the City will be responsive to address future concerns, if there are any, relating to the parking area and public access at the KR-7 reservoir. Approval of the MOU is recommended. The Park and Recreation Department staff is obtaining quotes for the construction of this parking lot this fall. We are anticipating that the costs will be less than $15,000. This office is recommending that flood control funds be utilized for this cost and that the project proceed. Council Action Requested. 1. Approval of the MOU, contingent upon approval of the MOU by the Kalmar Township Board as well. 2. Approval of flood control funds to construct the parking area as shown in Exhibit 1. COUNCIL ACTION: Motion by: second by: to: 1P f MEMORANDUM OF UNDERSTANDING KR-7 RESERVOIR PARKING AREA OCTOBER, 2006 The Kalmar Township Board of Supervisors hereby grants approval for the grading plan and design of the parking area as shown in Exhibit I to this Memorandum of Understanding at the KR-7 Reservoir. The City of Rochester shall construct the parking area as shown in the attached Exhibit I and in the location shown in the attached Exhibit 2 and to keep these improvements in good repair. 2. The City of Rochester shall provide signage for the parking area as shown in attached Exhibit 1. 3. The City of Rochester shall make arrangements for trash pick-up services to keep the parking area and reservoir free of trash and debris. 4. The City of Rochester shall be available to meet with the Kalmar Township Board Upon request to discuss any future concerns relating to the parking area and the public access at the KR-7 Reservoir. Kalmar Township Board City of Rochester `l � Y W pKp zg� ggFF S¢¢� rEg' Z tiJ i i� ctio O O O C� J Z z 00 a0U'w4 052 0 :2� Y CL U mLU a go a LL z. a LL W LU 0'0 FY N L, b ; 0 S 0 J 9j� U � a g i o CY CIN08 30NtlalN3 ONusixa 0 e \`Y Consent Agenda REQUEST FOR COUNCIL ACTION City Administration Audio Visual Improvements to Council Chambers 1 Board Room This is a request for a resolution to advertise for bids for the following project: Project: City Project No. J1945 Phase I of the audio visual improvements to the Chambers: • Upgrade of audio / video recording equipment to digital recording equipment Upgrade the Chambers sound amplification system (microphones and speakers) MEETING DATE: 10/ 16/06 ITEM NO. U-� PREPARED BY: T. Svaetb, The project is to be funded from Cable Franchise fee revenues and capital improvements funds from both the City and Olmsted County. .ouncil Action Requested: A resolution should be adopted authorizing the City Clerk to advertise for bids and conduct a bid opening on November 9, 2006 at 11:00 AM. COUNCIL ACTION: Motion by: second by to: REQUEST FOR COUNCIL ACTION CONSENT AGENDA ADMINISTRATION ITEM DESCRIPTION: Consider initiating a Land Use Plan Amendment and Zoning District Amendment on the Kingsley property located south of 29' St. SE, east of Marion Road. October 10, 2006 MEETING < / DATE: 10-16-06 ITEM1NN0. V Ll PREPARED BY: Terry Spaeth, Administration On October 10, 2006, the Council President met with George Kingsley and staff from City Administration and Planning. Mr. Kingsley is interested in having the property re -zoned from I -Interim to re-establish zoning that could facilitate selling the land. Prior to the City extending land use and zoning controls to areas included in the Marion Township Orderly Annexation Agreements, the majority of the Kingsley property was zoned HC- Highway Commercial in the County. The Council could initiate the process to consider amending the Land Use Plan and Zoning designations for the Kingsley property. Prior to developing the land, either the Kingsley's or other future owners would need to apply for General Development Plan approval. The City Council could consider initiating a land use plan amendment to designate the western portion of the property for either "commercial" or "industrial"; to re -zone the western portion of the property to the M-1 (Mixed Commercial -Industrial) or B-4 (General Commercial) district; to consider expanding the existing M-1 district existing along the east portion of the property; and to establish a R-2 (Low Density Residential) district on the central portion of the Kingsley property located south of 291h St. SE, east of Marion Road. Council Action Needed: Initiate the process to consider amending the Rochester Urban Service Area Land Use Plan designation and Zoning for the Kingsley property and refer the matter to the Planning Commission to consider at a public hearing. Distribution: 1. City Administrator 2. City Attorney 3. Planning Department File 4. Applicant: This item will be considered sometime after 7:00 p.m. on Monday October 16, 2006 in the Council/Board Chambers at the Government Center, 151 4th Street SE. COUNCIL) Motion By: Seconded By: Action: m N Q O L. IL REQUEST FOR COUNCIL ACTION CONSENT AGENDA ORIGINATING DEPT: CITY ADMINISTRATOR ITEM DESCRIPTION: DISORDERLY USE PROPERTY VIOLATIONS AT 113 10th Street NW 1,/ MEETING 0 DATE: 10/16/06 ITEM NO. -� PREPARED BY: T. SPAETH On October 10, 2006, the Rental Housing Complaint Board held a public hearing relating to the property located at 113 10`h Street NW, and owned by Mr. Roger Enghohn, in which there have been 4 disorderly use violations cited within the past year. After taking testimony from neighborhood residents, staff, and reviewing the evidence presented, the Board recommended scheduling this item for a public hearing in front of the Council. This recommendation is based upon the following: documentation related to the 4 disorderly use incidents • neighborhood resident testimony • staff testimony • the fact that the owner does not have a valid rental certificate for this property • the fact that the owner has not participated in a crime free multi family housing workshop. COUNCIL ACTION REQUESTED: Motion by Council calling for a public hearing on this matter before the Council at the November 6, 2006 Council meeting. COUNCIL ACTION: Motion by: seoond by: to: Consent Agenda REQUEST FOR COUNCIL ACTION MEETING 19 DATE: 10/16/06 CITY ADMINISTRATOR ITEM DESCRIPTION: Council authorization to remove proposed parcels from tax abatement "district" T. SPAETH The City was recently approached about a potential redevelopment project along the I' Avenue SW corridor between 3rd and 4' Streets SW. The properties in this area are a part of the downtown "tax abatement" area. In order to keep the City's options open regarding the use of tax increment financing to help support a redevelopment project, the City must remove the parcels from abatement at this time in order to ensure that they do not show up as such on the 2007 property tax statements, according to the Olmsted County Auditor. For that reason, the staff is recommending the following 6 properties be removed from tax abatement at this time. The 6 properties are identified by the following PIN Numbers: PIN Taxpayer 64.02.12.017778 Bessie Paine, ETAL 64.02.12.017779 Cit of Rochester F.E. Williams Lot 64.02.12.017781 Mark Neeb 64.02.12.01 7782 Geor a F. Pou alies Trust, ETAL 64.02.12.017783 Geor a F. Pou alies Trust, ETAL 64.02.12.017784 George a F. Pou alies Trust, ETAL Council Action Requested: Motion to adopt resolution to remove the 6 subject properties from tax abatement. COUNCIL ACTION: Motion by: second by: to: 1 st Avenue SW Properties to be removed from tax abatement I E::: L- L R a� -f North 3rd St. SW 4th St. SW LJi c� c13 0 m U; REQUEST FOR COUNCIL ACTION CONSENT AGENDA ITEM DESCRIPTION: LICENSES, BONDS & ORIGINATING DEPT: CITY CLERK CITY MEETING aq) DATE: 10/16/06 ITEM NO. Q- PREPARED BY: BETHANY GERBEA 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. SINGLE GAMBLING MN Deer Hunters Association 460 Peterson Road Grand Rapids, MN 55744 Held at the La Quinta Inn 11/02/06 Gold Cross Ambulance 501 6 h Avenue NW Rochester, MN 55901 Held at the Hangar Bar and Grill 10/28/06 TEMPORARY ON SALE LIQUOR LICENSE Aldrich Memorial Nursery School 855 Essex Parkway NW Rochester, MN 55901 Held at The Gilded Star 11/11/06 MISCELLANEOUS Mayo High School Run For Shelter Race 1420 1 10'Avenue SE Rochester, MN 55904 Fundraiser for Dorothy Day House 10/29/06 10:00AM to 12:00 PM COUNCIL ACTION REQUESTED A motion to approve the above licenses, bonds, and miscellaneous city activities. REQUEST FOR COUNCIL ACTION t—onsent Agenda/organizational Business City Clerk ITEM DESCRIPTION: Set Hearing for Assessing Weed Removal, Snow Removal, Debris Re Tree Removal, Impound Towing, Secure Property, Sidewalk Repair, and Sewer/Water/Electric MEETING ✓ DATE: 10-16-06 PREPARED BY: Eileen Schneider This is a request to set a hearing for the assessing of unpaid bills for Weed Removal, Snow Removal, Debris Removal, Tree Removal, Impound Towing, Secure Property, Sidewalk Repair, and sewer/water/electric. The hearing will be held on November 20, 2006. COUNCIL ACTION REQUESTED A motion to approve the resolution setting a hearing on November 20, 2006 for assessing unpaid accounts for Weed Removal, Snow Removal, Debris Removal, Tree Removal, Impound Towing, Secure Property, Sidewalk Repair, and sewer/water/electric. COUNCIL ACTION: motion by: Second REQUEST FOR COUNCIL ACTION A SECTION: ORIGINATINU utr t Consent Agenda Finance Department Approval of Accounts Payable Respectfully request a motion to approve the following cash disbursements: Investment purchases of $0,00 Accounts payable of $4 817 370.45 Total disbursements $4,817,370.45 (Detailed listing of disbursements submitted separately) COUNCIL ACTION: Motion by: Second by-.— to: MEETING Z DATE: 10/16/06 ITEM NO. PREPARED BY: Dale Martinson REQUEST FOR COUNCIL ACTION MEETING DATE: 1011610?V AGENDA SECTION: ORIGINATING DEPT: ITEM NO. Consent Agenda/Organizational Business Finance ITEM DESCRIPTION: Authorization of access to FAA Passenger Facility Charge Database PREPARED BY: B. Atkinson Since the 1994, the City has received Passenger Facility Charges from all airlines that collect the Airport a of fees when issuing a ticket to passengers with the Rochester International as point as a financing mechanism to departure or destination. The PFC program was established reimburse the local share of airport construction projects. One of the requirements of the program is that the City must submit quarterly reports to the FAA showing the amount of PFC collected and to which project the funds are being applied. The FAA has initiated an electronic database for use by the FAA, public agencies and the airlines which would eventually eliminate the need for the quarterly filing of paper reports. In order to gain access to the database, the FAA requires the governing body of the public body to authorize such access. Council Action Requested: Authorization for the City to apply for access to the Passenger Facility Charge Database administered by the Federal Aviation Administration. REQUEST FOR COUNCIL ACTION MEETING DATE: 10/16/0 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT AGENDA PLAN74ING ITEM DESCRIPTION: Wetland Delineation and Replacement Plan — DryWall Supply PREPARED John d,Be •'nr P October 5, 2006 Wetland Delineation and Replacement Plan: Approximately 9.1 acres of wetlands have been identified on the applicant's property located east of West Circle Drive and west of UBC, south of the railroad right of way and north of the North Frontage Road, TH 14 West. The applicant has proposed the filling of 7.93 acres of Type H wetlands be permitted. The applicant proposes to replace the filled wetlands with 11.91 acres of New Wetland Credits and 4.18 acres of Public Value Credits (upland surrounding the new wetland) located in Salem Township within the Zumbro River Watershed. The Technical Evaluation Panel agreed with the wetland delineation. A majority of the TEP recommended approval of the replacement plan with several conditions, as covered in the staff recommendation below. Planning Staff Recommendation: The staff recommends approval of this replacement plan with several conditions: 1. that the applicant supply an agreement to the city signed by the applicant and the wetland replacement site property owner that also addresses the responsibilities of the applicant and the landowner (responsibility for construction, monitoring, and compliance with the approved plan); 2. that the applicant monitor the wetland replacement site during construction of the replacement area; 3. that the applicant monitor the wetland replacement area regularly during the growing season and submit annual reports until the wetland is established, and for up to 5 years as required by the rules, and longer if necessary. The first monitoring plan must include an as -built survey of the site; 4. that the replacement wetland be covered by a deed restriction that is in a form provided by BWSR and recorded by the applicant. The application must be submitted by the applicant and signed by the landowner. (This condition will take effect after the replacement wetland has been created and approved by the Technical Evaluation Panel and BWSR.) CIt LOiii1C1 colt P s z�� `al h a f9i 0g �n l for t. r Ttte "couti 04 z. a Jyj�a s sbli�t o P(1�i�j Tepyl��ac}e�(mJjJe�n� S; }gry't }..° *; r..Thi j R.�RlM VV.T,�^ry'Y{F^"3 .��3iikt�ta+l.�..iv. `.'K`�'Y 1. t©tat. of 16.` acres of €'" llft enf �1'ett&zldS'"". Attachments: 1. Application form and description 2. Vicinity Maps -impact and Replacement sites 3" Wetland and Replacement Plan Maps COUNCIL ACTION: Motion by: second by: to: 1 r 9A-026620-03B (V 2 02 for MS WORD) 1029/04 Minnesota Local/State/Federal Application Form for Water/Wetland Projects For Internal Use Only Application No Field Office Code Date Initial Application Received Date initial Application Deemed Complete PART]: BASIC APPLICATION "See M32- directs you to important additional information and assistance in Instructions, Page I. 1. LANDOWNERIAPPLICANT CONTACT INFORMATION (See Help 1) Name: Drywall Supply - Cart Johnson Phone: Complete mailing address: 541 Quam Avenue NE, St Michael, MN 55376 IA. AUTHORIZED AGENT (See Help 1A) (Only if applicable; as agent is not required) Name: McGhie and Betts Inc: Jeff Broberg Phone: 507-289-3919 Complete mailing address: 1648 3m Ave BE, Rochester, MN 55904 2. NAME, TYPE AND SIZE OF PUBLIC WATERS or WETLANDS IMPACTED (Attach Additional Project Area sheets if needed) Name or I.D. # of Waters Impacted (if applicable; if known): NIA (Check all that apply): []Lake ❑River (-]Wetland type ❑ I ❑ 1L ® 2 ❑ 3 ❑4 ❑ 5 ❑ 6 ❑ 7 ❑ 8 Indicate size of entire lake or wetland (check one): ® Less than 10 acres (indicate size: 7.93) ❑ 10 to 40 acres ❑ Greater than 40 acres 3. PROJECT LOCATION (Information can be found on property taz statement, property title or title insurance): Project street address: Fire #: City (if applicable): '/. Section: SW Section: 28 Township #: 107 Range #: 14 County: Olmsted Lot #: Block: Subdivision: Watershed (name or 9) Zumbro River Attach a simple site locator map. If needed, include on the map written directions to the site from a known location or landmark, and provide distances from known locations. Label the sheet SITE LOCATOR MAP. 4. TYPE OF PROJECT: Describe the type of proposed work. Attach TYPE OF PROJECT sheet if needed. See Attached Report 5. PROJECT PURPOSE, DESCRIPTION AND DIMENSIONS: Describe what you plan to do and why it is needed, how you plan to construct the project with dimensions (length, width, depth), area of impact, and when you propose to construct the project This is the most important part of your application. See HELP 5 before completing this section; see What To Include on Plans (Instructions, page 1). Attach PROJECTDESCRIPTIONsh=L - - See Attached Report Footprint of project 7.93 acres or square feet drained, filled or excavated. 6. PROJECT ALTERNATIVES: What alternatives to this proposed project have you considered that would avoid or minimize impacts to wetlands or waters? List at least TWO additional alternatives to your project in Section 5 that avoid wetlands (one of which may be "no build" or "do nothing"), and explain why you chose to pursue the option described in this application over these alternatives. Attach PROJECT ALTERNATIVES sheet if needed. See Attached Report 7. ADJOINING PROPERTY OWNERS: For projects that impact more than 10,000 square feet of water or wetlands, list the complete mailing addresses of adjacent property owners on an attached separate sheet (See HELP 7) 8. PORTION OF WORK COMPLETED: Is any portion of the work in wetland or water areas already completed? ❑ Yes ®No. If yes, describe the completed work on a separate sheet of paper labeled WORK ALREADY COMPLETED. (See HELP 8) 9. STATUS OF OTHER APPROVALS: List any other permits, reviews or approvals related to this proposed project that are either pending or have already beer"pproved or denied on a separate attached sheet See HELP 9. 10. I am applyini for state and local authorization to conduct the work described in this application. I am familiar with the information contained in this plicati To the best of my knowledge and belied all information in Part 1 is true, complete, and accurate. I possess atrtAm,��tt work described, or I am acting as the duly authorized agent of the applicant ��,Signatt (Landowner) Da� Signatu a nt (faPPlicable)This bl��'��'e```d by the person who desires to undertake the proposed activity and bas the necessary prop nigh - as please attach a sepan e eat signed by the landowner, giving necessary authorization to the Agent Minresota Local/State/Fedeml Application Foams for Watedwetland P "ects �I;'a _ 2 Page I ROC, E-S.-G_`:3TED U P1_4NMNG DE76RRTMENT 51/ The public b.d- fro this -0emm of mfommtion u atmarea m avamge i u noun pw .csyvux, a.,..�,.y. W---+-..., _. [het®e for reviewing iasmtctioas• savchi°g aisda6 d� souscas, gathering and maintaining the dam needed, -d completing �d me i.waq the collecsmt ofinforr ation. Send commonu regurding thus burdeu estumne many otheraspect ofthis coliseum of Inforu en m including suggestions far reducing this burden, to Department afDefeasa, W ashing[m Headquarters ServiceDirectorate of lnurmation Operations and Reports, 1215 Jeffers. Davis highway, Suits 12D4, Arlington. VA 22-1024302; and m the Dfice ofManagellent and Budget, Paperwork Reduction Project (0710-OD03), Washington, DC 20503, Respondents should be aware that notwithstanding any other provision of law, no persm shall be subject to my penalty fm failing m comply with a collection ofi acureatim ifit does not display a correctly valid OMn control number. Please DO NOT RETURN yaw form to either ofmae addrn¢rs. Completed applications must be submitted to the District -gmeer having jutisdimrm over the location of the proposed a=vAy. PRIVACY ACT STATEMENT: Aufficamn Rivers and harbors Act, Section 10, 33 USC 403; Clcan Water An, Section 404,33 USC 1344, Marine Protection, Research and Saoauaries Act, 33 L'SC 1413, Section 103. Principal purpose: bafe®ahse provided on this form will be used in evaluating the application far a permit. Routine uses: This hifemarion maybe shared with the Department afJustice and otherFederal, stare. and local government agencies. Submissim ofrsqumtad infonnatim is volmtvy, however, if ITEMS 1 THROUGH 4 TO BE FILLED IN BY THE CORPS I. APPLICATION NO. 12. FIELD OFFICE CODE 13. DATE RECEIVED 14. DATE APPLICATION COMPLETED YOU DO NOT NEED TO COMPLETE ITEMS 6-10 and 12-25 in the SHADED AREAS. All applicants mtts[ complete non -shaded items Saud 26. If an agent is used, also complete items S trod 11. This optional Federal form is valid 4 ,,.....gr wltnn imitated as tart of this entire state application packet. 5. APPLICANTS NAME I E. AUTHORIZED AGENT'S NAME AND TITLE (an agent is not required) DryWal Supply - Cad Johnson Mcghle and Seth; Ina - Jeff Broberg 6 Ap1KdCA(3H'R t[ODRFSS. L DRESS 7 APPLICANT'S PHONE NO, -HONE NO, 11. STATEMENT OF AUTHORIZATION (tjtgaplhorizing an agent)I hereby authorize McGhie and B a Ina. on my behalf as my agera in the processing of this application and to furnish, upon request, supplemenis of%�rAPPLICANT SIGNATUREDATE: V3 6 tens 63 . ,v4f0 +" f5 ;(�1A4'rIF� OF W,k'lIIt'BT1DY. RNOWN (if le) 14. PROJECT STREET ADDRESS (if ajtphceble) 15.aLOGfiiION.OFYRO)ECI' :: - 16 QTHER-LOCATIONDESCRIPIIONS, IF KNOWN (net V DHtECTRONS IO THESTTE I g. NATURE OF ACM 1TY 39. PROJECT PURPOSE 3D.I1EA90N(S) FOR DL9CEARGfi. u y r _ TL. TYPES OF'MATERIAL BEING DISCRARGEDAND THE AMOUNT -OF EACH TYPE IN`CUMCYARDS 22. Ei]RPAGE:AREA'IN`Aa '%,RE9 OF W&11kNDS OR OTHER WATERS FILLED Yi. IS ANY PORMON OF.TIE WORK.ALREADY COMPLETE) YES NO —IF YES, DESCRIBE COMPLETBD WORK 24. ADDRESSES. - ::. OF ADJOININGPROPERTYDWNEIL4, - - ZS LiS'T OF OTHIIt CFTtTiFJCATIONS OR APPROVALS/DENW.S RBCErVED FROM OTHER FEDERAL. STATE OR LOCAL AGENCIES FOR. . WORK DESCRIREM IN THIS APPLICATION. 26. Application is he by made for it permit or permits to athorize the work described in this application. I cenify that the illiormation in this application is complePand accurate. I further certify that J possess the authority to undertake the work described herein or am acting as the duly autpgrtzea agent of c a aura. It.\/pfJ'l Signature of applican ate Signa of ag t (d any) The application must signed by the person who desires m undertake the proposed activi ( plicant), or it maybe si ed by a duly authorized agent d the statement in Bloc 1 has been filled out and signed. Ig U.SC Section 1001 provides t: Whoever, m any m ar within the jurisdiction of any depaomeot or agency the United States knowingly and willfully falsifies, conceals, or covers up with arty trick, scheme, or disguises a material fact m m makes or uses any false writing or document knowing same to contain any fain, makes arty false, fictitious or fraudulent statements or represenmtions fictitious or fraudulent statements or entry, shall be fined not more than S 10,000 or imprisoned not more than five yeauss; oTbodi. nt: CEC W-DR) ENG FORM 4345, Jul 97 EDITION OF FEB 94 IS OBSOLETE. (proponent: Minnesota Local/State/Federal Application Farms for Water/Wetland Pmjec RECEIVED Page 2 JcJ ,' L / 2996 N I 0 , 1 I 1 _ J 1 331 4 9W� R _ a e all m_ Rao rs Qa as �t U O I ) [ 1 U� REQUEST FOR COUNCIL ACTION MEETING DATE: 10-16-06 "GENDASECTION: I VKilalrvfaIlmt WQrI. ( � j' PLANNING ITEM DESCRIPTION: Request to Initiate Text Amendment to Section 61.211 to add an exception. October 12, 2006 ITEM NO. PREPARED BY: Mitzi A. Baker, Senior Planner Section 61.211 of the Rochester Zoning Ordinance and Land Development Manual specifies when a General Development Plan is required, and specifies situations when a General Development Plan is not required. Staff has determined that it is necessary to amend this Section of the Ordinance to specify that a General Development Plan is not required for land use plan amendments or upzoning of property initiated by the City. 61.211 When a General Development Plan is Required: Approval of a General Development Plan shall be required for any site where the eventual platting of the property involves approval of a Type Ill land subdivision permit. A General Development Plan also shall be required for land use plan amendments and for any upzoning to the R-1x, R2, R3, R4, M1, M2, B1, and B4 zoning districts and for the division of any land zoned as such. No Type III land subdivision permit shall be approved until a General Development Plan for the property has been approved. A General Development Plan is not required for Type I and II applications for which no TIR is required pursuant to Section 61.520 and no new street connections are necessary. 1) A General Development Plan shall not be required for any portion of an area for which a general development plan has previously been approved by the Council, or where the zoning administrator determines that new proposed streets need not continue beyond the land to be subdivided in order to complete an appropriate street system or to provide access to adjacent. 2) The Council shall have the authority to initiate a General Development Plan for an area for which there is no proposal for subdivision, providing the general development plan is given consideration under the Type III procedure. 3) Except as provided in Sections 61.211(2) or 61.214(B), a General Development Plan application may be initiated by the owner of property subject to the General Development Plan. Council Action Needed: i. If the Council wishes to proceed, the amendments should be initiated and referred to the Planning Commission. Distribution: 1. City Clerk 2. City Administrator 3. City Attorney 4. Planning Department File COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION MEETING DATE: 31 10/1 of06 GENDA SECTION: I ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works �— 3 ITEM DESCRIPTION: Additions to the Municipal State Aid Street System PR ARED BY: /, )rD.Nelson The Public Works Department requests that the City Council adopt a resolution adding these road segments to the City's Municipal State Aid System. The following road segments should be added: West Circle Dr South Frontage Rd NW from the intersection of Members Parkway! Nottingham Dr NW to the intersection of the frontage road with the TH52 West Frontage Road (0.60 miles) And South 55th Street NW from the intersection of W. Circle Dr 155th St NW south to the intersection with W. Circle Drive South Frontage Road (0.08 miles) Adding this segment to the City's Municipal State Aid System will enable us to use State Aid funds for costs of future work associated with transportation capacity improvements. This is a multi -phased project. Phase I includes Members Parkway and is partially constructed. Phase II is a project to construct the link from Members Parkway to the W. Circle Drive South Frontage road and to the intersection of W. Circle Drive and 55th Street NW. This phase is scheduled in the City's Capital Improvement Program. Phase III, is a final phase of the W. Circle Drive South Frontage Road, through the shopping complex is shown as a possible future link. COUNCIL ACTION REQUESTED: Adopt a resolution adding the street segments listed above to the City's Municipal State Aid System and provide it to the Commissioner of Transportation for approval. COUNCIL ACTION: Motion by Second by: to: .GENDA SECTION: REQUEST FOR COUNCIL ACTION ORIGINATING DEPT: Public Works ITEM DESCRIPTION: Revocable Permit — Emergency Exit Staircase in at 5721 Bendel Road NW. MEETING ✓ 9 DATE: 10/16/06 ITEM S\ U AM Jeffrey C. Brown, as Trustee of the Jeffrey C. Brown Profit Sharing Plan and Trust, is the owner of property located at 5721 Bandel Road NW (Part of Outiot B of Cascade Ridge Subdivision, part of Section 9-107-14 and part of the vacated Frontage Road) has requested the City issue a revocable permit for the placement of an emergency exit staircase in the existing drainage easement along the northwest portion of the property. The Owner will install and maintain the new emergency exit staircase at their own expense. Staff has reviewed the request and would recommend in favor of granting a Revocable Permit. The owner has executed a Revocable Permit which includes the standard language for revocation and liability protection for the City. i I � i , COUNCIL ACTION REQUESTED: Authorize the Mayor and City Clerk to execute the revocable permit with Jeffrey C. Brown, as Trustee of the Jeffrey C. Brown Profit Sharing Plan and Trust, to allow the placement of emergency exit staircase in the drainage easement along the northwest portion of the property located at 5721 Bandel Road NW. COUNCIL ACTION: Motion by: Second by: to MEETING A I GENDA SECTION: CONSENT AGENDA REQUEST FOR COUNCIL ACTION ORIGINATING DEPT: Public Works DATE: 10/10/06 ITEM NO. _ 1 5 ITEM DESCRIPTION: ESTABLISH NO PARKING ZONE: Harvestview 3rd Subdivision I PREPARED BY: D. Nelson At the October 2, 2006 City Council meeting, the Council approved the Final Plat (#06-23) for Harvestview Third. There is a need to establish "No Parking" zones along the south side of 56th Street NW, the south side of Equinox Place NW, the north side of Solstice Place NW, the east side of Harvest Moon Blvd, the west side of Cornucopia Ave NW, and both sides of Maize Ave NW. This will ensure compliance of the Special District status and approvals provided to this development. The street sections as shown on the attached drawings were approved under the premise of parking restrictions as noted. Though the consultant recommended some consideration of changing the no parking zones to the opposite side of the street in a couple of cases; Public Works recommends the no parking zones remain consistent with initial planning referral comments for the following reasons: 1. For 561h Street NW, there is "No Parking" already in place on the south side of 561h Street NW on the completed portion of this roadway to the east. 2. The future residents will have limited parking because of the layout of their lots. We need to keep additional parking available to them in the front of their lots. 3. The zoning requirements state that commercial businesses shall provide adequate parking, on their lots, to accommodate their parking needs. 4. Parking on the same side of the street as the business tends to cause a congested area around drive entrances making it more difficult for traffic to safety see and maneuver when entering and exiting those businesses. Public Works recommends the Council approve the No Parking zones for each street as outlined. COUNCIL ACTION REQUESTED: Add the following paragraphs to Section B "No Parking Zones" of the Comprehensive Traffic and Parking Resolutions, to read as follows: 271.1 56th Street NW from Harvest Moon Blvd to Maize Ave NW south side 305.4 Equinox Place NW from Cornucopia Ave to Harvest Lake Dr south side 319.2 Solstice Place NW from Cornucopia Ave to 56'h St NW north side 308.2 Harvest Moon Blvd from Harvest Lake Dr to 56th St NW east side 303.5 Cornucopia Ave NW from Harvest Lake Dr to 56th St NW west side 313.3 Maize Ave NW from Harvest Lake Dr to Equinox Place and both sides Maize Ave from Solstice Place to 561h St NW i> COUNCIL ACTION: motion by: second to: !� 10/11/06 07:39 FAX 507 287 2275 I ROCH-OLM PLANNING DEPT. CTY PUBLIC WORKSj003 / o� U V y ;zi bu U6 m �a Ell M pa his x ago LL_ r M. 10/11/06 07:38 F.4% 507 287 2275 ROCH-OLM PLANNING DEPT. + CTY PUBLIC WORKS i Y v� -7 v tn N O U to V 0 J m s p un I REQUEST FOR COUNCIL ACTION MEETING 10-16-00 DATE: CONSENT AGENDA ORIGINATING DEPT: PUBLIC WORKS ITEM NO. l ITEM PARKING CHANGES 200 AND 300 BLOCK 5TH AVE SW, 200 PREPARED BY: L BLOCK 3RD STREET NW, 300 BLOCK 2ND AVE NW VENUE A KNAUER P Staff has reviewed various on -street parking areas where land use changes have recently occurred. Following is a summary of these areas with recommended changes to the on -street parking. The property owners or managers are in agreementwith the changes. A description of existing and proposed changes for these areas is provided on Attachment "A". 200 and 300 Block of 5d' Ave SW (Between 2nd Street and 4th Street SW) In the 200 block on the east side there is currently perpendicular parking serving the adjoining hotel. On the west side is a 2 hour non -meter parking area plus 2 handicapped spaces and 2 -15 minute passenger loading spaces. The land uses on the west side include Rochester Towers and commercial space and apartments at 221- 227. No changes are proposed on the east side along the hotel and Baldwin ramp. However, on the west side fronting 221-227 it is proposed to replace the 2 hour parking with five 3 hour meters. In the 300 block no changes are proposed on the west side currently signed "No Parking". On the east side starting at 3rd Street the land uses include a Mayo lot and College apartments. The area is currently free parking. Along the Mayo lot it is proposed to install four 3 hour meters. Along College Apartments it is proposed to retain one 15 minute passenger loading zone and install six 10 hour meters. 300 Block 2nd Ave NW (Former Johnson Printing Building) On the west side of the street are four 15 minute passenger/ commodity loading zones serving the former printing business. It is proposed to retain two of the loading zones and install two 3 hour meters. On the east side which now has 4 free spaces it is proposed to create angle parking similar to the block south and install eight 10 hour meters. 200 Block 3rd Street NW (north of Charterhouse) On the north side of 200 block of 3rd Street NW it is currently free parking. It is proposed to install nine- 10 hour meters. REQUESTED COUNCIL ACTION Adopt the prepared resolution amending the "Comprehensive Parking and Traffic Resolutions Book" per the following description. Delete paragraph 3.3 of Section H Zone F 2 hour parking. Add Paragraph 19 to Section I Zone G -3 Hour Meters to read as follows; "5'h Ave SW in the 200 block on the west side from mid -block south to 3rd Street -5 spaces." COUNCIL ACTION: Motion by: Second by. to: i Add Paragraph 20 to Section I Zone G -3 Hour Meters to from 3rd Street north to mid -block -4 spaces." PARKING METER CHANGES RCA CONTINUED read as follows; "5th Ave SW in the 300 block on the east Add Paragraph 19 to Section I Zone J - 10 Hour Meters to read as follows; "5th Ave SW in the 300 block on the east side from mid -block south to 0 Street -6 spaces with the exception of one space for 15 minute passenger/ commodity loading". Add Paragraph 20 to Section I Zone G -3 Hour Meters to read as follows; "2nd Ave NW in the 300 block on the west side from 3'd Street north to mid -block -3 spaces." Amend Paragraph 11 Section J Passenger Commodity Loading to read as follows; " 2"d Ave NW on the west side in front of the premises known as 311 — 2 spaces —one on south and one north of the fire hydrant." Add Paragraph 20 to Section I Zone J - 10 Hour Meters to read as follows; "2nd Ave NW in the 300 block on the east side from V Street north — 9 spaces angle parking. Amend Section A "Angle Parking" Paragraph 11 to read as follows: "2"d Ave NW on the east side from 2"d Street north to railroad." Add Paragraph 21 to Section I Zone J- 10 Hour Meters to read as follows; "3rd Street NW in the 200 block on the north side from 2"d Ave NW to 3rd Ave NW — 9 spaces. Al § &» $ \/z ( k � �� Ek \ k ■ La § o 2 2 k k ® Lo/ y?/%° b E 2 o z§] \ k $ $ E j §2/)§§2 2 e ez zeD�C = \ 2 � §ou § � 2M m< ) $ 0 % )B2 �&�q o&a ■m §¢ 02 =mof o o)-\� )§�N�§o� § ( Lb§2\(eZ * k } \ o, /z §\ g w 2 B m 2 2 2§ o§§ 2}} ` o 0 o 0 0 j \ \}o� CL§§ \ } \ IqG w Z G«g9 4 4 » 2 2\ k §@ \§k%§)§ ƒ§ uj U3$ U)Nco � ®�� § $)2 3:0W § $ ]2< \ � � u } ] k ) k k t \ \ co § 2 k [ 2 § REQUEST FOR COUNCIL ACTION MEETING DATE: 10/16/06 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT: ITEM NO. Public Works 1)- I ITEM DESCRIPTION: Owner Contract — Grandeville Phosphorus and Associated Public Features — J5259 PREPARED BY: M. Baker ..2 Staff would offer the following Owner Contract project for consideration by the Council: Grandeville at Cascade Lake Limited Partnership (Owner) and Weis Builders, Inc. & Fraser Construction, Inc. (Contractors) are requesting a City / Owner Contract J5259 consisting of "Grandeville Phosphorus Infiltration Trenches and Associated Public Features' COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute the City / Owner Contract for J5259, "Grandeville Phosphorus Infiltration Trenches and Associated Public Features". 1vw rl COUNCIL ACTION: Motion by: second by: to: REQUEST FOR COUNCIL ACTION MEETING AGENDA SECTION: DATE: 10/16/06 ORIGINATING DEPT: ITEM NO. CONSENT AGENDA Public Works I I]_ 18 ITEM DESCRIPTION: Owner Contract— Public Improvements to Serve the Zumbro PREPARED BY: Valley Mental Health Center—J5256 M. Baker Staff would offer the following Owner Contract project for consideration by the Council: Zumbro Valley Mental Health Center (Owner) and Heartland Excavating, Inc. (Contractor) are requesting a City / Owner Contract J5256 consisting of "Public Improvements to Serve the Zumbro Valley Mental Health Center' Approx Area of Public Improver Zumbro Valley Health Center.. COUNCIL ACTION REQUESTED: Adopt a Resolution authorizing the Mayor and City Clerk to execute the City / Owner Contract for J5256, "Public Improvements to Serve the Zumbro Valley Mental Health Center". COUNCIL ACTION: Motion by: Second by: to: REQUEST FOR COUNCIL ACTION PUBLIC HEARINGS ORIGINATING DEPT: PLANNING ITEM DESCRIPTION: Land Use Plan Amendment #06-03 by Weis Development Corp. The applicant is proposing to amend the Rochester Urban Service Area Land Use Plan to designate a portion of Block 3 East Rochester Addition from "medium densiI residential" to "commercial". The th property is located between 3and 4th Ave SE and between 5th and 6 St. SE. October 10, 2006 MEETING G49/ DATE: 10-16-06 E- I 3EPARED BY: Mitzi A. Baker, Senior Planner THE APPLICANT REQUESTS THE COUNCIL CONTINUE THEIR APPLICATIONS TO THE NOVEMBER 6, 2006 COUNCIL MEETING. City Planning and Zoning Commission Recommendation: The Planning Commission considered this item at the September 27, 2006 meeting. Mr. McGuine moved to recommend approval of Land Use Plan Amendment #06-03 with the below findings. Mr. Pestka seconded the motion. The motion carried 5-1, with Mr. Wallace voting nay. GOuncit Acrlon rveeueu: i. The Council shall hold a public hearing. The Council may approve or deny this petition. The Council's decision must be supported by findings based on the criteria listed in the Land Use Plan. 2. The Council should instruct the City Attorney to prepare findings of fact and conclusions of law supporting their decision. Distribution: 1. City Administrator 1. City Attorney: Legal Description attached 2. Planning Department File 3. This item will be considered some time after 7:00 p.m. on Monday October 16, 2006 in the Council / Board Chamber at the Rochester - Olmsted Government Center Building COUNCIL ACTION: Motion By: Seconded By: Action: MEETING 51 REQUEST FOR COUNCIL ACTION )N: ORIGINATING DEPT: PUBLIC HEARINGS I PLANNING ITEM DESCRIPTION: Zoning District Amendment #06-06 by Weis Development Corp. The applicant is proposing to amend the Zoning Map from "R-3" Medium Density Residential to "CDC - Fringe" to facilitate development. The property is located between 3rd and a Ave SE and between 5th and 6th St. SE. October 10, 2006 DATE: 10-10-06 ITEM NO. IEPARED BY: Mitzi A. Baker, Senior Planner THE APPLICANT REQUESTS THE COUNCIL CONTINUE THEIR APPLICATIONS TO THE NOVEMBER 6, 2006 COUNCIL MEETING. City Planning and Zoning Commission Recommendation: The City Planning and Zoning Commission held a public hearing on September 27, 2006 to consider this petition. Mr. Ohly moved to recommend approval of Zoning District Amendment #06-06 with the staff -recommended findings for the CDC -Fringe District, with the exception of changing finding number 2 to state "The permitted uses allowed within the CDC Fringe will be appropriate on the subject property and compatible with adjacent properties and the neighborhood". Mr. Barry seconded the motion. The motion carried 5-1, with Mr. Wallace voting nay. Council Action Needed: The Council should direct the City Attorney to prepare findings of fact reflecting the Councils decision on this zone change. If the Council approves this 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 for the property. Distribution: 1. City Administrator 2. City Attorney: Legal Description attached 3. Planning Department File 4. Applicant: This item will be considered sometime after 7:00 Chambers at the Government Center, 151 4th Street SE. f' ti Cu T !IP0 r p.m. on Monday October 16, 2006 in the Council/Board V VUIYVIL - I --. Action: Motion By: Seconded By: REQUEST FOR COUNCIL ACTION ,GENDA SECTION: I ORIGINATING DEPT: PUBLIC HEARINGS PLANNING ITEM DESCRIPTION: General Development Plan #271 and Variance #06-16 by Joe Weis Builders, to be known as Village on 3rd. The Plan proposes developing a portion of Lots 1 and 4 and all of Lots 5-10, Block 3 East Rochester Addition with four story multi -family residential and parking. Variances are requested to reduce the number of off-street parking stalls and eliminate the required commercial component and allow residential units on the lower floor. MEETING 63/ DATE: 10-16-06 PREPARED BY: John Harford, Senior Planner NOTE: The City City Planning and Zoning Commission approved two Variances, one addressing on site parking and the other covering non-residential use on the ground level.) October 9, 2006 City Planning and Zoning Commission Recommendation: On September 27, 2006 the City Planning and Zoning Commission held a public hearing on this General Development Plan. The Commission reviewed this proposal according to the criteria listed in Paragraph 61.215 of the Zoning Ordinance and Land Development Manual. The Commission recommended approval subject to the following conditions: 1. The GDP shall be revised to accommodate the following: Dedication of a 7' wide Pedestrian Facilities and Right-of-way Maintenance Easement along the entire frontage of 3rd Ave. 2. A grading and drainage plan approval is required prior to Final Plat submittal or prior to building permit approval if no plat is required. Payment of a Storm Water Management Area Charge will be applicable for any net increase in impervious surface associated with the proposed development. 3. The northerly parking lot shall be signed as "ResidenVAssigned Parking Only" to prevent the use of 4th Ave., SE for circulation between the two parking lots. 4. Execution of a City -Owner Contract, and dedication of any applicable off -site public easements is required prior to construction of any public infrastructure required to serve this development. 5. The boulevard and curb and gutter along the frontage shall be restored where removed as part of this project. 6. Pedestrian facilities along the frontages will be reviewed by the Public Works staff. Any needed panel repair/replacement shall be completed concurrent with development of this project. 7. All unused water services to this site must be abandoned properly at the main in the street per RPU requirements. ACTION: Motion by: second by: to: Page 2 RCA October 11, 2006 Mr. McGuine moved to recommend approval of Variance #06-16 by Joe Weis Builders for On -Site Parkin, with the staff -recommended findings. Mr. Pestka seconded the motion. The motion carried 6-0. Mr. Pestka moved to recommend approval of Variance #06-16 by Joe Weis Builders for Non-residential use on the Ground Level with the below findings. Mr. McGuine seconded the motion. The motion carried 6-0. 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. you should instruct the City 2. if the Council wishes to proceed with the general development plan as proposed, y Attorney to prepare a resolution for Council approval. Attachments: 1. Staff Report dated September 15, 2006 2. Draft Minutes of the September 27, 2006 CPZC Meeting Distribution: 1. City Administrator 2. City Attorney I Planning Department File 4. Applicant: This item will be considered some time after 7:00 p.m. on Monday October 16, 2006 in the Council/B Chambers in the Government Center at 151 4th Street SE. REQUEST FOR COUNCIL ACTION MEETING 454 / DATE: 10-16-06 4GENDA SECTION: ORIGINATING DEPT: PLANNING NO ITEABY: CONTINUED PUBLIC HEARINGS ITEM DESCRIPTION: Vacation Petition #06-12, by Bradley & Rayelle Goeden PRproposing Thline to vacate a platted 10' wide utility easement along the southeasterly S (side lot line) of Lot 46, Block 1, Northern Heights East Sixth Subdivision. October 11, 2006 NOTE: The petitioner has submitted a revised site plan and legal description proposing to vacate only the westerly three feet of the ten foot utility easement. Added text shall be shown as bold underline. Planning Department Recommendation: See attached staff report dated September 27, 2006. Upon reviewing comments received by the referral agencies stating no objections, if applicant is responsible for relocation costs of any existing utilities, staff recommends approval of this vacation petition as requested with the following recommendation: 1. All costs associated with relocation or damage caused of any existing utilities shall be the responsibility of the applicant. Council Action Needed: 1. Following the hearing, if the Council wishes to proceed they shall approve or deny the vacation request. If the motion is to approve, it should instruct the City Attorney to prepare a resolution to approving vacation petition as requested. Attachments: tZ ` 1. Staff Report dated September 27, 2006.E 2. Copy of revised site plan and legal description. 3. Copy of agreement between petitioner and Owest Telephone. Distribution: 1. City Administrator 2. City Clerk 3. City Attorney: Copy of legal description is attached 4. Applicant: This item will be considered by the Council sometime after 7:00 p.m. on Monday, October 16, 2006, in the Council/Board Chambers at the Government Center, 151 4th Street SE. COUNCIL ACTION: Motion by: Second by: to: 5 AM, 050 1.! till NIS a RocHESTER-OLMSTED PLANNING DEPARTMENT 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 c u u h r r OF www.Dlmstedwuntyxomlplanning TO: Rochester Common Council FROM: Theresa Fogarty, Senior Planner DATE: September 27, 2006 �+iih►D,�iiiN►�� Aicmru ti�aE ��uc.•N�cmw !11 MCWI iiJu�iii� RE: Vacation Petition #06-12, by Bradley & Rayelle Goeden proposing to vacate a platted 10' wide utility easement along the southeasterly line (side lot line) of Lot 46, Block 1, Northern Heights East Sixth Subdivision. City Council Meeting Date: October 2, 2006 Planning Department Review: Petitioner: Bradley and Rayelle Goeden 1507 Northern Valley Drive NE Rochester, MN 55906 Reason to Vacate: Applicant proposes a 12' x 32' garage addition to existing house. Referral Comments: 1. Owest Telephone Report Attachments: 1. Copy of Site 2. Location Map 3. Referral Comments (1 letter) Planning Staff Review and Recommendation: Upon reviewing comments received by the referral agencies stating no objections, if applicant is responsible for relocation costs of any existing utilities, staff recommends approval of this vacation petition as requested vacating the 10' wide utility easement along the southeasterly line (side lot IineO of Lot 46, Block 1, Northern Heights East Sixth Subdivision with the following recommendation: 1. All costs associated with relocation of any existing utilities shall be the responsibility of the applicant. BUILDING CODE 507/285-8345 • GIS/ADDRESSINGIMAPPING 507/285-8232 • HOUSING/HRA 5071285-8224 PLANNING20NING 507/285-8232 • WELUSEPTIC 5071285-8345 ��II FAX 507/287-2275 (7 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Message Foster Stephanie From: Kendall, Donald [Donald.Kendall@gwest.com] Sent: Wednesday, September 20, 2006 11:15 AM Page 1 of 2 J To: Planning Referrals Subject: FW: request for comments on Vacation Petition #06-12, by Bradley & Rayelle Goeden Attachments: REFERRAL SENT 09-19-06 VAC 06-12.pdf Owest has cable in this easement & would not want to vacate unless they would pay for relocation costs Don Kendall - Owest -----Original Message ----- From: Schletty, Julie Sent: Wednesday, September 20, 2006 8:09 AM To: Kendall, Donald Subject: FW: request for comments on Vacation Petition #06-12, by Bradley & Rayeile Goeden -----Original Message ----- From: Garness Jennifer[mailto:garness.jennifer@CO.OLMSTED.MN.US] Sent: Tuesday, September 19, 2006 8:46 AM To: boberle@chartercom.com; corey.hanson@dnr.state.mn,us; dgoslee@ci.rochester.mn.us; dknott@ci.rochester.mn.us; drichardson@rpu.org; dstotz@ci.rochester.mn.us; gkellen@peoplesrec.com; Greg Rowley; Growden Randy; Harford John; jekappers@rochester.kl2.mn.us; jjmosser@charter.net; jschlet@gwest.com; justin.watkins@pca.state.mn.us; Khan Muhammad; Leslie Rivas; Mark Baker; mengle@rpu.org; mnigbur@ci.rochester.mn.us; NRClausen@wpsr.com; nstonel@email.usps.gov; rboose@ci.rochester.mn.us; Reiter Charlie; rfreese@ci.rochester.mn.us; RNRC; rdlenton@wpsr.com; naellik@peoplesrec.com; sara.konrad@pca.state.mn.us; tspaeth@ci.rochester.mn.us; vswisher@ci.rochester.mn.us; Whetstone Bruce; Whitaker Floyd Subject: request for comments on Vacation Petition #06-12, by Bradley & Rayelle Goeden SENT VIA EMAIL. ONLY! Comments must be submitted to our office by Member 20, 2006. If you would like to send your comments via email, please email them to plannine referrals@co olmsted.mn.us. If you have any problems opening this document, please let me know. Thank you! �eruu�x C'a�rrree� J`i'arflesfea-O�iirated .%t°arurur� ,`!%parbizenf U Email: Garness iennifer®co otmsted.mn.us 2 Office: (507) 285-7049 This communication is the property of Qwest and may contain confidential or privileged information. Unauthorized use of this communication is strictly prohibited and may be unlawful. If you have received this communication in error, please immediately notify the sender by reply e-mail and destroy all copies 51� Legal Item description: Vacation petition 406-12, by Bradley and Rayelle Goeden proposing to vacate the westerly 3 feet of a platted 10 feet wide utility easement along the southeasterly side lot line of Lot 46, Block 1 Northern Heights East Sixth Subdivision. Thus not having to relocate a utility line of Qwest. Attachment; site plan consisting of; existing Qwest utility, existing easement, proposed easement REVISED RECEIVED OCT 1 12006 Oct 11 06 07:25a Brad Goeden 507-288-7180 p.4 I To. Donald Kendall Subject: Request for limited utility vacation Mr. Kendall We, Bradley and Rayelle Goeden, of 1507 Northern Valley Drive NE are proposing a limited utility easement of the westerly 3 feet of a platted I0 feet wide utility easement along the southeasterly side lot line of Lot 46, Block l Northern Heights East Sixth Subdivision. This proposed vacation would NOT affect Qwest utilitiesl or any other utility as long as we dig by hand within 2 feet of the existing Qwest utility. The Qwest utility may lay adjacent to the proposed structures foundation but not crossing nor damaging the Qwest cable. Any such damage caused during an excavating process would be the responsibility of the home owners Bradley and Rayelle Goeden to pay for repairs to the Qwest utility. OK I Don Kendall If all parties are in agreement please sign and date below. owast has no obleation asswning there are no PG � , /o/l / /G relocalon Costs Kendall RECENED OCT 1 12006 +gN � _ v, ar r `c/c� r��iF. any• � r•� r• � r � -sn N o n - j ° 9ri\`9/ W o ^ _ ;•. '.) N I Y- .� z •• i,. •i,� (roA3 41 ------------ Cb Qo Q) N i m F •s2 an.�-� r. l.� N. q7• . / . ?�i it r .!r,, \F� A: �r � .r y r r r \ ,,//h; a 8 � oFi � , `I1�..,'�• C (�� .gyp 4 +�i-•.. r`.[w, ��o' �O� / a /.,FF�• �0ti .�E�� r�rOC7/ ��or V ., 1.\ �`'�•v\ r�b � C4;�c\ r ' - 62,E . y, r b�: _,� ,;1,` . �� / �8�, / �'�';✓., •'i.- `\ �� • / MI �t / s �'DD .�'rFF 02r _� ~"� ='\\•/ SS'OZOF r.`` •'J . 2/ .i �h \` / \ If V / F6�22r �tir / AD n,�w ,�. `' , / Syr 4: ?Q• °2F rr � ?�'t•' v:� � moo) ' /. _ i lb�� ?^rr �y : �• , � i .! '�� K J M 2 / wj / / � � ♦ by •4 •. i °+ w J 200 ft. Notification Area of Lot 46 Block 1 Northern Heights East Sixth 1 1507 Northern Valley DR NE \\ Vacation Petition #06-12 Rayelle Goedent PIN: 74.25.14.046039 / Council Ward: 5 (Bob Novicki) y "Y<"� Neighborhood Assoc: None 9119/08iip, t M,+yM�'o°�.ss ,. pR �. . , - N Olmsted County is not responsible for ommissions or ertors contained herein. If discrepancies are found within this map, please notify the CIS Division, Rochester -Olmsted County Planning Department, 2122 Campus Drive SE, Rochester, MN 55904, (507) 285-8232. REQUEST FOR COUNCIL ACTION MEETING 0 DATE: 10-16-06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS PLANNING i.. S ITEM DESCRIPTION: Restricted Development Permit #06-27, by GP Development, PREPARED BY: proposing a private park on Lot 17, Block 1 Fieldstone Second Subdivision. The property Brent Svenby, is located west of Odyssey Drive SW, south of Weston Place SW. Senior Planner October 11, 2006 The proposed private park is not a permitted use in the R-1 zoning thus the reason for the restricted development application. The applicant is requesting Council to waive the final plan review. Staff does recommend waiver of the final plan. City Planning and Zoning Commission Recommendation: The City Planning and Zoning Commission held a public hearing on September 27, 2006, to consider this Restricted Development. The proposal is to construct a private park in the R-1 zoning district. The Planning Commission reviewed this request according to the applicable criteria and standards in the LDM. The Commission found that this request is consistent with those criteria, subject to the following modifications or conditions: CONDITIONS: 1. Signage shall be posted at the park that identifies the parkas a private park, who is authorized to use the park and the management and contact number shag be listed for maintenance/questions regarding the park. 2. The Nome Owner's Association documents shall include who is responsible for the ownership and maintenance of the private park. Said documents shall be recorded prior to the development of the park. Tho Nnme owners Association shall also carry insurance and liability insurance on the private park. 3. All unused water services must be abandoned at the main per RPU —Water Division requirements. Mr. Haeussinger moved to recommend approval of the Restricted Development Plan #06-27 by GP Development with staff -recommended findings and conditions. Mr. Pestka seconded the motion. The motion carried 7-0. Council Action Needed:Eely... b. 1. If the Council wishes to proceed, it should instruct the City Attorney to prepare a resolution approving, approving with conditions or denying this request based upon the criteria included in the staff: The resolution should also specify any conditions of approval that the Council places on this amendment. 2. The applicant has requested the Council waive the need for a Final Plan phase for this project as allowed in, Section 60.532, 6 which is attached. Staff recommends approval to waive the Final Plan phase since the request will meet the criteria included in Section 60.532, 6. Attachments: 1. Staff Report dated September 21, 2006 2. Minutes of the September 27, 2006 CPZC Meeting , Distribution: 1. City Clerk 1. City Administrator 2. City Attorney 3. Planning Department File 4. Applicant: This item will be considered some time after 7:00 p.m. on Monday, October 16, 2006 in the Council/Board COUNCIL ACTION: motion by: second by: to: �a C. Prior to the scheduled public hearing before the designated review body, the zoning administrator shall review the proposed application and prepare a report analyzing the advantages and disadvantages of the proposal. The zoning administrator shall recommend to the designated review body, based upon all of the facts and circumstances, the comprehensive plan (if the application involves a change in a land use ordinance or map, or if it involves a change in standards or street classification from those presented in the Thoroughfare Plan element of the comprehensive plan) and other planning information, the approval, denial or modification of the application. A copy of the report must be transmitted to the applicant and to the professional firm representing the applicant, if any. D. Following the close of the public hearing, the designated review body shall file a report within 25 days summarizing the findings of the public hearing and recommending the approval, approval with conditions or denial of the application. The designated review body shall take action by majority vote of its members present when the public hearing was held. Within ten days, the zoning administrator shall transmit a copy of the report to the Council for their information. 60.532 Phase 11 Hearing Process: The Phase II Procedure shall be as set forth below: 1) Following the zoning administrator's acceptance of a completed development permit application, the zoning administrator shall, within three (3) days, transmit one copy of the application, or appropriate parts of the application, to each referral agency for review and comment. If referral agencies do not comment within eight (8) days, the referral agency shall be presumed to have no objection. 2) The zoning administrator shall schedule a public hearing pursuant to the requirement of section 60.600 to be held before the Commission. Notice of hearing shall be sent to those persons designated to receive notice by the requirements for each type of application in Chapter 61. The hearing shall be scheduled within sixteen (16) days after acceptance of the application by the zoning administrator. 3) Zoning Administrator Review: Prior to the scheduled public hearing before the Commission the Zoning Administrator shall conduct a review as outlined in 60.531(3). 4) Following the public hearing, the Commission shall file a report summarizing the findings of the public hearing and recommending either approval, approval with conditions, or denial of the application, with the City Council, within ten (10) days. The zoning administrator shall also transmit a copy of his report along with the hearing report to the Council. 5) The Council, within 20 days after receiving the reports from the Commission and the zoning administrator, shall conduct a public hearing pursuant to the requirements of section 60.600. The Council shall make a decision on the application by either approving, approving with conditions, or denying the application. Council shall have the power to waive subsequent review phases in a 40 multi -phase review process if requested by the applicant upon findings that: Page 69 June 14,2006 :w a) The information considered during the Phase II Hearing Process is sufficient in nature to demonstrate compliance with all the requirements set forth in this ordinance. b) That waiver of the subsequent review phases will not interfere with the purposes and intent of this ordinance. c) That the applicant has provided assurance that all conditions or modifications attached to approval of the project will be met. This assurance shall include, but shall not be limited to, the filing of revised plans, the provision of necessary bonds or other surety to cover the completion of projects, or the filing of necessary legal documents. 7) The Phase II approval for a development permit requiring subsequent final development plan and the approval shall continue in force as long as the ordinance has not been amended to cause the application to be in conflict with provisions of the ordinance. 60.533 Phase III Hearing Process: The following procedure shall be followed in processing all applications required to go through Phase III of the Type III review procedure: 1) The zoning administrator, after accepting an application for a development permit (requiring review through a Type III Hearing process) and finding that it is complete, shall, within three (3) days, transmit one copy of the application to all referral agencies. The referral agencies shall have eight (8) days in which to comment; if no response is received, the referral agency shall be presumed to have no objection. 2) The zoning administrator shall within sixteen (16) days of receipt of the application schedule a review of the application before the Commission. The zoning administrator shall prepare a report of his findings and those of the referral agencies and submit his report to the Commission prior to the scheduled review. 3) Following the review, the Commission shall file a report summarizing the findings of the review and recommending either approval, approval with conditions, or denial of the application, with the City Council, within ten (10) days. The zoning administrator shall also transmit a copy of his report along with the hearing report to the Council. 4) The Council shall within 20 days of receipt of the Commission decision hold a public hearing on the proposal pursuant to section 60.600. The Council shall make a decision on the application by either approving, approving with conditions or denying the application by resolution upon majority vote of members present at the time the public hearing was held. 5) Following final action in the Phase III hearing process, the zoning administrator shall dispose of the permit in the manner provided for in Paragraph 60.507. Page 70 June 14.2006 McGhie Betts, Inc. �\ ROCHESTER-OLMSTED PLANNING DEPAxfMENT 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 C C Y x T T OF www.elmstedcounty.com/planning TO: City Planning & Zoning Commission � ' ��Np�fi �ifipi� w+�p.!4•j1��niryl FROM: Brent Svenby, Senior Planner DATE: September 21, 2006 RE: Restricted Development Plan #06-27, by GP Development, proposing a private park on Lot 17, Block 1 Fieldstone Second Subdivision. The property is located west of Odyssey Drive SW, south of Weston Place SW. CP&ZC Hearing Date: September 27, 2006 Planning Department Review Applicant: GP Development 1320 Wicklow Lane SW Rochester, MN 55902 Consultant: McGhie & Betts, Inc. Attn: Josh Johnson 1648 Third Avenue SE Rochester, MN 55904 Property Location and Size: The proposed private park is located on Lot 17, Block 1, Fieldstone Second Subdivision. The lot is approximately 10,354 square feet in size. Zoning: The Property is zoned R-1 (Mixed Single Family) district. Adjacent Land Use: The property is located within the Fieldstone GDP which will be a single family residential development. Most of the lots surrounding the area are either vacant or have recently constructed homes on them. Summary of Proposal: The applicant proposes to provide a private park for the residents of the Fieldstone Development. The private park would consist of a pavilion for small gatherings, play equipment (swing set, merry-go-round, tractor tire sandbox, and bouncy spring animals), sidewalks and landscaping. A Home Owners Association would be established for ownership and maintenance of the park which would also maintain the roadway (Weston Place SW) adjacent to the north side of the private park, since the roadway BUILDING CODE 507/285-8345 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 CUP #06-27 Restricted Develo, nt Fieldstone Second Pale 2 is a private roadway. Public Utilities: All unused water services must be abandoned properly at the main per requirements of RPU- Water Division. Based on RPU-Water Division records there is a 1" copper water service stubbed to this lot. Parkland: The development of a private park on the lot instead of a residential dwelling unit will reduce the deferred dedication required of the original plat by .02 acres. Wetlands: Minnesota Statutes now requires that all developments be reviewed for the presence of wetlands or hydric soils. A Wetland application has been approved by the city for this development. This proposal does not conflict with the wetlands found on the property. Referral Agency Comments: 1. RPU— Water Division 2. Rochester Park and Recreation 3. RPU — Core Services 4. Planning Department — Wetlands LGU Representative Attachments: Location Map Site Plan Referral Comments (3 letters) Development Narrative Explanation of Application and Review Procedures: The applicant proposes to provide a private park to the residents of the Fieldstone Development. The private park would consist of a pavilion for small gatherings, play equipment (swing set, merry-go- round, tractor tire sandbox, and bouncy spring animals), sidewalks and landscaping. A Home Owners Association would be established for ownership and maintenance of the park which would also maintain the roadway (Weston Place SW) adjacent to the north side of the private park, since the roadway is a private roadway. The Restricted Development provisions of the Zoning Ordinance and Land Development Manual (Section 62.700) recognize that certain land uses which are generally not allowed within a given zoning district can, if regulated, "serve both the public interest and allow a more equitable balancing of private interests than that achieved by strict adherence to standards zoning regulations" This application requires a two step review process, consisting of a preliminary plan and a final plan. The preliminary plan phase follows the Type III, Phase ll, procedure with a hearing before the Planning Commission and a hearing before the Council. The applicant has requested that the requirement for the Final Plan be waived. Analysis: In evaluating the preliminary development plan the criteria included in Sections 61.146 and 62.708 of the LDM shall be considered (see attached). CUP #06-27 Restricted Develo, nt Fieldstone Second Page 3 The Planning staff offers the following comments concerning each of the 11 preliminary plan criteria on which the Preliminary Development Plan is to be evaluated: 1) Capacity of Public Facilities: The site is presently served by adequate public facilities. All unused water services must be abandoned at the main per RPU — Water Division requirements. 2) Geologic Hazards: This site is not known to contain any of the listed geologic hazards. 3) Natural Features: A Wetland application has been approved by the City. This proposal does not conflict with the wetlands found on the property. 4) Residential Traffic Impact: a) Due to the nature of the proposal changing the use of the lot from the construction of a residential structure to private park is not expected to generate any significant trips per day. The private park will be for the exclusive use of the residents of Fieldstone. b) This proposal will not generate frequent truck traffic on local residential streets. c) This development will not create additional traffic during evening and nighttime hours on local residential streets. 5) Traffic Generation Impact: The proposed use is not expected to generate any significant volume of additional vehicular traffic. 6) Height Impacts: a) According to the applicant's consultant the height of the pavilion should not be greater than 15 feet in height. This height would be consisted with the height standards for accessory structures in the R-1 (Mixed Single Family) zoning district. The height of the structure would not block sunlight from reaching adjacent properties during the majority of the day. b) The placement of the pavilion will not block views of the adjacent residential dwellings. 7) Setbacks: The proposed location of the pavilion exceeds the setback requirements for an accessory structure in the R-1 (Mixed Single Family) zoning district. 8) Internal Site Design: The location of the pavilion and sidewalks on the lot appear to provide desirable orientation and access to the adjacent roadways. 9) Screening and Buffering: The proposed landscaping and buffering appear to be adequate to protect the privacy of the residents on the surrounding lots. 10) Ordinance Requirements: The proposed private park is intended to only serve the residents of Fieldstone so the user of it will be from within the development and more then likely walking to it. The private park does have frontage on roadways which allow for parking for those users, from within the development, who drive to it. 11) General Compatibility: The conversion of the residential lot to a private park to serve the development will be compatible with the adjacent uses. In addition, this application is subject to the criteria for all conditional use permits, as identified in Section 61.146. As identified in 61.146, the zoning administrator, Commission, or Council shall CUP #06-27 Restricted Develo, nt I / Fieldstone Second Pale 4 approve a development permit authorizing a conditional use unless one or more of the findings with respect to the proposed development is made as identified in 61.146. 1) provisions for vehicular loading, unloading, parking and for vehicular and pedestrian circulation on the site and onto adjacent public streets and ways will create hazards to safety, or will impose a significant burden upon public facilities. 2) The intensity, location, operation, or height of proposed buildings and structures will be detrimental to other private development in the neighborhood or will impose undue burdens on the sewers, sanitary and storm drains, water or similar public facilities. 3) The provision for on -site buff eryards and landscaping does not provide adequate protection to neighboring properties from detrimental features of the development. 4) The site plan fails to provide for the soil erosion and drainage problems that may be created by the development. 5) The provisions for exterior lighting create undue hazards to motorists traveling on adjacent public streets or are inadequate for the safety of occupants or users of the site or such provisions damage the value and diminish the usability of adjacent properties. 6) The proposed development will create undue fire safety hazards by not providing adequate access to the site, or to the buildings on the site, for emergency vehicles. 7) In cases where a Phase I plan has been approved, there is a substantial change in the Phase II site plan from the approved Phase I site plan, such that the revised plans will not meet the standards provided by this paragraph. 8) The proposed conditional use does not comply with all the standards applying to permitted uses within the underlying zoning district, or with standards specifically applicable to the type of conditional use under consideration, or with specific ordinance standards dealing with matters such as signs which are part of the proposed development, and a variance to allow such deviation has not been secured by the applicant. Staff Recommendation: Staff has reviewed this request in accordance with the applicable standards and provisions, as included in this report. Based upon staff review and the analysis included above, staff recommends approval of this application subject to the following conditions or modifications: 1. Signage shall be posted at the park that identifies the parkas a private park, who is authorized to use the park and the management and contact number shall be listed for maintenance/questions regarding the park. Z The Home Owner's Association documents shall include who is responsible for the ownership and maintenance of the private park. Said documents shall be recorded prior to the development of the park. The Home Owners Association shall also carry insurance and liability insurance on the private park. 3. All unused water services must be abandoned at the main per RPU —Water Division requirements. ^� CUP #06-27 Restricted Develc ant / _ \ Fieldstone Second Page 5 62.706 Standards for Approval, Preliminary Development Plan: The Council shall approve a preliminary development plan if it finds that the development has addresses and satisfied all the criteria listed in Paragraph 62.708(1), or that a practical solution consistent with the public interest can be incorporated into the final development plan, or a modification for the unmet criteria has been granted as provided for in Paragraph 62.712. 62.708 Criteria for Type III Developments: In determining whether to approve, deny, or' approve with conditions an application, the Commission and Council shall be guided by the following criteria: Preliminary Development Plan Criteria: A. Capacity of Public Facilities: The existing or future planned utilities in the area are adequate to serve the proposed development. B. Geologic Hazards: The existence of areas of natural or geologic hazard, such as unstable slopes, sinkholes, floodplain, etc., have been identified and the development of these areas has been taken into account or will be addressed in the Phase II plans. C. Natural Features: For developments involving new construction, the arrangement of buildings, paved areas and open space has, to the extent practical, utilized the existing topography and existing desirable vegetation of the site. D. Residential Traffic Impact: When located in a residential area, the proposed development: Will not cause traffic volumes to exceed planned capacities on local residential streets; ii. Will not generate frequent truck traffic on local residential streets; iii. Will not create additional traffic during evening and nighttime hours on local residential streets; E. Traffic Generation Impact: Anticipated traffic generated by the development will not cause the capacity of adjacent streets to be exceeded, and conceptual improvements to reduce the impact of access points on the traffic flow of adjacent streets have been identified where needed. F. Height impacts: For developments involving new construction, the heights and placement of proposed structures are compatible with the surrounding development. Factors to consider include: L Will the structure block sunlight from reaching adjacent properties during a majority of the day for over four (4) months out of the year; CUP #06-27 Restricted Develop nt Fieldstone Second Page 6 ii. Will setting of the structure substantially block vistas from the primary exposures of adjacent residential dwellings created due to differences in elevation. G. Setbacks: For developments involving new construction, proposed setbacks are related to building height and bulk in a manner consistent with that required for permitted uses in the underlying zoning district. H. Internal Site Design: For developments involving new construction, the preliminary site layout indicates adequate building separation and desirable orientation of the buildings to open spaces, street frontages or other focal points. I. Screening and Buffering: The conceptual screening and bufferyards proposed are adequate to protect the privacy of residents in the development or surrounding residential areas from the impact of interior traffic circulation and parking areas, utility areas such as refuse storage, noise or glare exceeding permissible standards, potential safety hazards, unwanted pedestrian/bicycie access, or to subdue differences in architecture and bulk between adjacent land uses. J. Ordinance Requirements: The proposed development includes adequate amounts of off-street parking and loading areas and, in the case of new construction, there is adequate landscaped area to meet ordinance requirements. K. General Compatibility: The relationship of the actual appearance, general density and overall site design of the proposed development should be compared to the established pattern of zoning, the character of the surrounding neighborhood and the existing land forms of the area to determine the general compatibility of the development with its surroundings. 4/ AX�sx ReCK ROCHESTER PARK AND RECREATION Roches! r:Mn DEPARTMENT DATE: September 7, 2006 TO: Jennifer Garness Planning RE: Restricted Development Permit #06-27 Lot 17 Block 1 Fieldstone 2"� The development of a private park on the lot instead of the previously approved dwelling unit will reduce the deferred dedication required of the original plat by .02 acres. The park should probably include signage informing users that the park is private, who is authorized to use the park and include a contact number for the maintenance authority. o:1PARK DEDICATIONV20051SW 28971FIELDSTONE 2ND RES DEV PARK.DOC 201 FOURTH STREET SE ROOM 150 ROCHESTER MINNESOTA 55904-3769 TELE 507-2B1-6164 FAX 507-281-6165 DSTOTZ@CI.ROCHESTI R.MN.US r�u we plydye, we deliver September 5, 2006 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: Restricted Development, Permit #06-27 by GP Development to construct a private park on Lot 17, Block 1, Fieldstone Second Subdivision. Dear Ms. Gayness: Our review of the referenced Restricted Development Request is complete and our comments follow: '1� 1. Our records (the approved construction plans) indicate that there is a 1" copper water service stubbed to this lot. If this service is not used within this park it must be abandoned properly at the main in the street per our requirements. Please contact us at 507-280-1500 if you have questions. Very truly yours, 06-M R14-1 Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention Bureau GP Development McGhie & Betts, Inc. Rochester ;Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 In WETLAND COMMENTS FOR DEVELOPMENT APPLICATIONS Application Number: Restricted Development Permit #06-27, by GP Development 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. ® Other or Explanation: This proposal does not conflict with the wetlands found on the property. J From John Harford Wetlands LGU Representative Rochester Minnesota Land Surveying Urban - Land Planning Consulting - Civil Engineering Geotecttnical Engineering Construction Material Testing • Landscape Architecture • 1648 Third Avenue S.E. Rochester, MN 55904 11/ August 29, 2006 Ms. Mitzi Baker Rochester - Olmsted Planning Department 2122 Campus Drive SE Rochester, MN 55904 RE: Restricted Development Application for the Proposed Private Park located on Lot 17, Block 1, Fieldstone Second Dear Ms. Baker, The attached proposal is to add a private park to the Fieldstone Subdivision. Since the current Zoning Ordinance does not allow private parks, we are required to go through the Restricted Development approval process. The park is proposed to go onto Lot 17, Block 1, Fieldstone Second, which is located in the southwest comer of the Fieldstone development. This part of the development is served by a private street (Outlot A, Fieldstone Second), and does not have any homes constructed in this area yet. The park will consist of a pavilion for small community gatherings, play equipment, which includes a swing set, a merry-go-round, a tractor tire sandbox, bouncy spring animals, sidewalks, and landscaping. A Home Owners Association will be established for ownership and maintenance of the park along with Outlot A, which is the private street that serves this area of the development. Please find a draft version of the Home Owners Association Documents attached for your initial review. If you have any questions or need any further information, please do no hesitate to call. Yours very truly, McGhie & Betts c., Joshua J. Johnson, RLA, ASLA Attachment i ED a3 0 2006 TER-D�MSTED ., canRTMENT Tel. 507.289.3919 Fax. 507.289.7333 e-mail, mbi@Mcghiebetts.com Page 4 City Planning and Zoning Commission Minutes Hearing Date: September 27, 2006 S. Prior to public water main c� based on the fire protection 7. Ms. Mitzi A. Baker presented the staff report, dated September 21, 2006, to the Commission. The staff report is on file at the Rochester -Olmsted Planning Department. The applicant's representative, Josh Johnson from McGhie and Betts, Inc. (1648 Third Avenue SE, Rochester MN 55904), addressed the Commission. He stated that the applicant was in agreement with staffs recommendation. Mr. Burke asked if there would be a "townhome" association. Mr. Johnson responded that there would be a "homeowners" association. With no one else wishing to be heard, Mr. Burke closed the public hearing. A rive minute break occurred. REQUEST FOR COUNCIL ACTION 4GENDA SECTION: I ORIGINATING DEPT: ?UBLIC HEARINGS PLANNING October 9, 2006 City Planning and Zoning Commission Recommendation: MEETING f / DATE: 10-16-06 ITEM NO. _ `F0 PREPARED BY: John Harford, On September 27, 2006 the City Planning and Zoning Commission reviewed this request to allow for filling within a Flood Prone district. Mr. Haeussinger moved to recommend approval of Type III, Phase III Amendment to Conditional Use Permit #04-41 by Carl Johnson/Drywall Supply with the staff -recommended findings and conditions. Mr. Ohly seconded the motion. The motion carried 6-0. CONDITIONS: Prior to commencing operations on this property, the applicant shall obtain grading plan approval from the City. The Grading Plan shall comply with the regulations of both the Flood District regulations (62.800 et. seq. , and specifically 62.846, 2) and the Shoreland District regulations (62.1000 et. seq) and must incorporate the standards in 62.1006, 2) of the Rochester Zoning Ordinance and Land Development Manual (LDM). The applicant must receive approval from the right -of way authority for the frontage road and from the DME Railroad for the placement of the berm on their property. 2. A floodproofing certification is required of the applicant to be submitted by a registered engineer, architect, or land surveyor that shows the fill and buildings elevated V or more above the Flood Protection Elevation without the utilization of a dike, dam or levee. 3. Fill activities shall not commence until the wetland replacement plan and grading plan have been approved by the city. 4. Fill activities shall not result in an increase in flood risk to other property including the frontage road and highway right of way. 5. The 100 year flooding impacts to US 14 shall be limited to 1 to 2 feet of the US 14 shoulder P.I. elevation. (SEE ATTACHED RESPONSE BY POLARIS GROUP) 6. The 500 year flooding impact shall not cause overtopping of US 14 due to the fill placement. (SEE ATTACHED RESPONSE BY POLARIS GROUP) NOTE: A separate motion was not acted on for the Substantial Land Alteration by the CPZC. COUNCILACTION: Motionby: Second by: to: Page 2 RCA October 11, 2006 Planning Staff Recommendation: See attached staff report dated August 23, 2006. Givent the analysis and response by Polaris Group regarding the flood plain impacts caused by the fill proposed in this project, staff recommends that the Council take action to approve the conditional use permit. Attachments: 1. Staff Report dated August 26, 2006 2. Minutes of the September 27, 2006 CPZC Meeting Distribution: 1. City Clerk 2. City Administrator 3. City Attorney 4, Planning Department File 5, Applicant: This item will be considered some time after 7:00 p.m the Government Center at 151 4th Street SE. on October 16, 2006 in the Council ( Board Chambers In on 7-774 7 ��5 Ar- , AA� Doa jo uo 3 (13 VTICI x uj 0 N X toc WN W N X 8 W e- tN z x 0 N 0 N a S, �+ pci .,� u�� }t �. aarr �•,� cr Y 0 x r m x uj F S P O L A R I S* C R O U P 8009 347H AVENUE SOUTH . SUITE 125 . BLOOMINGTON, MN 55425 . 952.881.0878 . FAX: 952.881.0023 RECEIVED October 6, 2006 OCT 10 2M06 Ms. Jennifer Gamess Planning Department ROCHESTER - OLMSTED Rochester Olmsted Planning Department P'. 4NNNG DEPARTMENT 2122 Campus Drive SE - Suite 100 Rochester, MN 55904 RE: MnDOT concerns regarding CUP #04-41 (Carl Johnson/Drywall Supply) Dear Ms. Garness: This letter is in regards to the September 8, 2006 letter you received from Chris Moates of MnDOT. The letter requested that two issues be addressed. • The 100-year flooding impacts to US 14 shall be limited to 1 to 2 feet of the US 14 shoulder P.I. elevation. • The 500-year flooding impacts shall not cause overtopping of US 14 due to the fill placement. As we have stated before, the project will actually reduce the flooding potential to US 14 since the project will cause the culverts that carry the South Run North Fork (SRNF) of Cascade Creek flood discharge to be used for their intended purpose. As the attached FIRM map shows, these culverts were designed to carry the entire 500-year flood discharge. Current conditions: Under existing conditions, the SRNF Cascade Creek passes under the railroad, flows adjacent to the frontage road, and then flows under US 14 via three 10 by 6 box culverts. The Flood Insurance Study data shows that the 100-year discharge is 1,360 cfs and the 500-year discharge is 1,450 cfs. Although the three box culverts are designed to pass the 500-year discharge, their capacity is not being used because some of the flood waters breakout of the channel and travel as sheet flow to the east. We estimated the breakout discharge to be 600 cfs for the 100-year flood and 700 for the 500- year flood. This breakout flow travels to the east until it is blocked by the fill from the UBC building. At that point, about 20 percent overflows the the railroad to the north and 80 percent overflows the frontage road (7' Street). The flow over the frontage road is caught in the ditch between the frontage road and the west bound lane of US 14 and continues east to rejoin the North Run North Fork Cascade Creek. The attached Figure I shows how this breakout flow is conveyed to the east. The flood level of the breakout flow relative tot he US 14 shoulder P.I. is shown in Table I for existing conditions. The Table shows that currently there is 1.3 to 2.3 feet of freeboard for the shoulder PI during the 100-year flood and that the 500-year flood would not overtop the west bound lane of US 14. The computations only consider breakout flow from the SRNF Cascade Creek and do not consider local runoff which is expected to be small relative to the breakout flow. Ms. Jennifer Gamess. Page 2 October 6, 2006 Proposed Conditions: Under proposed conditions, the fill and landscape berm would effectively block the breakout discharge to the east and would force all of the discharge through the three box culverts under US 14. The attached Figure 2 illustrates this. The flood elevations at the upstream end of the culverts would be as mapped in the Flood Insurance Study. The frontage road would not be overtopped and there would be about 1 foot of freeboard. The frontage road should not be overtopped adjacent to the culverts by the 500-year flood. During the 500-year flood, a small amount of discharge could breakout over the landscape berm and flow to the east. Under these conditions, the flood discharge flowing over the frontage road and flowing east between the frontage and the westbound lane of US 14 is substantially less than for the existing conditions. Conclusions: 1. The project will lessen the flooding potential for the US 14 traffic lanes. 2. The 100-year flood will have at least 1 foot of freeboard when compared to the west bound lane of US 14 shoulder PI. 3. The project will not cause overtopping of US 14 during the 500-year flood. If you have any questions give me a call at (952) 881-0619 or e-mail me at akalm es(,nolaris aroupinc. com 5iticerely, Art Kalmes cc: Chris Moates Greg Bond Table 1A Flood Elevation in Ditch Existing Conditions Location Ditch Invert Elevation Center line Elevation WB Lane PI Elevation 100- year 500- ear Flood I Elevation I Flood Freeboard Flood Elevation Flood Freeboard A B C D 1010 1008 1006 1004 1015 1014 1012 1010 1014.5 1013.5 1011.5 1009.5 1013.2 1011.2 1009.2 1007.2 1.3 2.3 2.3 2.3 1013.5 1011.5 1009.5 1007.5 1.0 2.0 2.0 1 2.0 Table 1B Flood Elevation in Ditch Proposed Conditions Ditch Invert Center line Elevation PI 100- ear 500- ear Flood Flood Flood Flood Location Elevation WB Lane Elevation Elevation Freeboard Elevation Freeboard A 1010 1015 1014.5 1010.0 4.5 1010.5 4.0 B 1008 1014 1013.5 1008.0 5.5 1008.5 5.0 C 1006 1012 1011.5 1006.0 5.5 1006.5 5.0 D 1004 1010 1009.5 1004.0 5.6 1004.5 5.0 Notes: 1. PI determined by the following means: Assume 12 foot driving lane and 10 foot shoulder. Assume cross slope is 0.02 fVft. therefore (12 It + 10 ft) ' 0.02 Wit = 0.44 ft. Use 0.5 feet. 2. Center line elevation and ditch invert estimated from City Topography 3. 100-year and 500 year flood depths were determined as normal depth in a trapizoidal channel, 3h:1v side slopes, slope = 0.003, n=0.035, 25 ft bottom. Channel geometry determined from City topography. 4. 100-year and 500- year flood discharge in ditch determined using estimated overflow of frontage road. Q100=475 cfs, Q500=540 cfs for existing conditions and Q100=0 cfs and 0500=10 cfs for proposed condtions. Sep 08 2006 e:14RM MM/➢oT 507-285-7279 p•2 ,, -Gat, Minnesota Department of Transportation �Minnesota Department of Transportation - District 6 F 2900 4811 Street N.W. Office Tel: 507-280-3188 ae; j% Rochester, MN 55901-5848 Fax: 507.285.7279 E-mail: cMs.moates@dot.state.mn.us September 8, 2006 Jennifer Garners, Planning Department Rochester Olmsted Planning Department 2122 Campus Drive SE — Suite 100 Rochester, MN 55904 RE, Type II, Phase III Amendment to Conditional Use Permit #04-41 by Carl Johnson/Drywall Supply. The applicant is proposing to amend the CUP to allow for fill in the 100 year floodplain. The application includes a request for a Substantial Land Alteration since the proposal will include moving over 100,000 cy of material on the entire parcel US 14, CS 5501 Dear Ms.Garness: Minnesota Department of Transportation (Mn/DOT) District 6 staff has reviewed the CUP #04-41 by Carl Johnson/Drywall Supply. Mn/DOT requests Rochester Olmsted Planning Department to not approve this proposal until Mn/DOT has had an opportunity to review and approve supporting data for the following conditions: The 100-yr flooding impacts to US14 shall be limited to 1 to 2 feet of the US 14 shoulder P.I. elevation. The 500-yr flooding impacts shall not cause overtopping of US 14 due to the fill placement. Please provide the supporting data at your earliest convenience. If there are any questions, you may contact Peter Waskiw, Principal Planner, at (507) 285-7369 or Debbie Persoon-Bement, Transportation Specialist at (507) 281-7777. Sincerely, Chris Wares District 6 Planning Director cc: Kjersti Anderson, Peter Wasldw, Debbie Persoon-Bement, He DOCS-91V6 ROl tiESTER-OLMSTED PL.4IVNING DEPAl(TMENT o� gocBesreE, yTNN� 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 �'�,-' ''•soT L: s COUNTY OF www.olmstedcounty.com/planning �`'., •' VIEV RA' TEP GR4 D•A0 Gll5T ' TO: City Planning & Zoning Commission FROM: John Harford, Senior Planner DATE: August 23, 2006 RE: Type III, Phase III Amendment to Conditional Use Permit #0441 by Carl Johnson/Drywall Supply. The applicant is proposing to amend the Conditional Use Permit to allow for fill in the 100 year flood plain. The amendment would expand the portion of the site to be filled. This application includes a request for a Substantial Land Alteration since the proposal will include moving over 100,000 cy of material on the entire parcel. Planning Department Review: Applicant(s): Carl Johnson — Drywall Supply 5421 Quam Ave., NE St. Michael, MN 55376 Engineer/Consultant: McGhie & Betts, Inc. 1648 Third Ave. SE Rochester, MN 55904 Requested Action: The applicant proposed to place fill in the Flood Fringe District and received approval of a conditional use in January, 2005. The applicant is requesting an expansion of the area of fill and a Substantial Land Alteration, as the proposal exceeds 100,000 cubic yards of fill. Location of Property: This property is located east of West Circle Drive, north of TH 14 and south of the railroad right-of-way, and west of United Building Center. Zoning: This property is M-2 (Industrial) District on the City Zoning Map. This property is also within the Flood Fringe District and a portion within the Shoreland District. Referral Comments: Wetlands LGU/John Hanford; Rochester Public Works, Rochester Public Utilities. The MN Department of Transportation called our office on Thursday, September 7, 2006 and requested that the city not approve the application until they receive supporting date for the hydraulics portion of BUILDING CODE 507/285 8345 GIS/ADDRESSING/MAPPING 5071285-8232 • HOUSINGMRA 5071285-8224 PLANNINCVZONING 507/285-8232 • WEWSEPTIC 5071285-8345 r FAX 507/287-2275 �� AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER the proposed project. They request time to review the supporting data for the 100 year and 500 year flood event. (See attached comments dated 9/8106) Standards for Approval: Conditional use permits in the Flood Districts are subject to the same standards as every conditional use (see Section 61.146), and some specific conditions related to the Flood Districts (Sections 62.824, and 62.860). Section 52.1105 findings for issuance of a conditional use permit for a Substantial Land Alteration applies to this application. Activities in the Shoreland Overlay District are subject to specific regulations in Section 62.1000 at. seq. Report Attachments: 1. Excerpts from the Rochester Zoning Ordinance and Land Development Manual 2. Location Map 3. Application materials (report and plans) Background & SummarV : The applicant is proposing to place fill within the 100 year Flood Fringe district to facilitate future development of the parcel. The applicant proposes to move to the site 146,500 cubic yards of material in order to raise the site to the flood protection elevation. When deciding on a Conditional Use Permit in any flood district, the standards of Sections 61.146 and 62.824 shall be considered. These sections are attached to the staff report. In addition to Sections 61.146 and 62.860, the Shoreland District regulations (62.1000 at. seq.) need to be complied with. Findings for the Substantial Land Alteration must be made per Section 62.1105. Under the original conditional use permit #04-41 two plans were submitted with the application, a phasing plan and a grading plan. Other materials filed include a narrative report and supporting hydraulic analysis. McGhie & Betts prepared a grading plan for Phase I only (no Wetland impacts). Polaris Group provided consulting services for the previous submittal related specifically to Floodplain review and hydraulic analysis. Documentation from Polaris states that "since no fill placement within the floodway will occur the project will not unduly impact flood flows or flood elevations... the project will reduce the overflow to the easr. In the Polaris memo date Nov. 8, 2004 the conclusion is that "the site should be elevated approximately 3 feet above the natural ground north of the property line." The applicant shows the east building elevation of 1018' and the west building elevation at 1018.5'. The natural grade by the proposed west building is approximately 1013' to 1015.5' as shown on the submitted site plan. The current proposal is different than the 2004 proposal in the extent of fill and development. The applicant is proposing the construction of two warehouse style buildings, outdoor storage areas, parking areas, and spur line from the DME Railroad to the north of the property. The applicant proposes two stonmwater ponds on the site and a berm on the westerly side of the property outside of the westerly wetland area identified on the site plan. The berm was not a part of the previous plan nor analyzed previously or under this application. In Section 62. 841(4) of the zoning ordinance standards are provided for uses in the AO Zone. It states that "New structures shall be constructed on fill so that the lowest floor (including basement) is elevated above the highest adjacent grade at least as high as the depth number specified in feet on the Rochester Flood Insurance Rate Maps, or together with attendant utility and sanitary facilities be completely flood - proofed in accordance with the State Building Code to the FP-f or FP-2 classification without the utilization of dikes, dams or levee.' This applicant proposes a dike on the west side of the site. The applicant will be required to submit a Flood -proofing Certification per Section 62.827 which will require that the finished fill and building elevation is in compliance with this ordinance - that the building be at least 1' above the 100 year flood event and that the berm or levee is not required to provide flood protection. Recommendation: Attached are the criteria and findings that need to be considered with this application (61.146, 62.824, 62.1105) If the Commission wishes to make a recommendation, staff would recommend the following conditions or modifications: 1. Prior to commencing operations on this property, the applicant shall obtain grading plan approval from the City. The Grading Plan shall comply with the regulations of both the Flood District regulations (62.800 et. seq. , and specifically 62.846, 2) and the Shoreland District regulations (62.1000 et seq) and must incorporate the standards in 62.1006, 2) of the Rochester Zoning Ordinance and Land Development Manual (LOM). The applicant must receive approval from the right -of way authority for the frontage road and from the DME Railroad for the placement of the berm on their property. 2. A floodproofing certification is required of the applicant to be submitted by a registered engineer, architect, or land surveyor that shows the fill and buildings elevated V or more above the Flood Protection Elevation without the utilization of a dike, dam or levee. 3. Fill activities shall not commence until the wetland replacement plan and grading plan have been approved by the city. 4. Fill activities shall not result in an increase in flood risk to other property including the frontage road and highway right of way. 5. The I00 year flooding impacts to US 14 shall be limited to f to 2 feet of the US 14 shoulder PI elevation. 6. The 500 year flooding ipact shall not cause overtopping of US 14 due to the fill placement. (NOTE: This Conditional Use Permit review does not include zoning review or approval for specific future use of the property. R Site Development Plan application will need to be filed at a future date, at which time compliance with development regulations will be determined. The applicant should be aware that development rquires that a Site Capacity Calculation will need to be completed for this property that will limit overall development.) Planning Commission Action Needed: Conditional use permits of this sort require City Council approval. The Planning Commission should consider this item (not a public hearing) and make a recommendation to approve, approve with conditions, or deny this request to be forwarded to the City Council. The City Council will hold a public hearing at a later date. Given the comments supplied by MNDOT staff recommends that the application be continued to September 27, 2006 to allow a review of floodpiain data for the 100 and 500 year flood event by MNDOT. I q' 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 27, 2006, at 7:00 p.m. in the CounciitBoard Chambers of the Government Center, 151 4th Street SE, Rochester, MN. Members Present: Mr. Jay Burke, Chair; Mr. Jesse Wallace; Mr. Paul Ohly; Mr. Vince Barry; Mr. Robert Haeussinger, Mr. John McGuine; and Mr. Gerald Pestka Members Absent: Ms. Leslie Rivas, Vice Chair and Ms. Lisa Wiesner Staff Present: Ms. Mitzi A. Baker and Ms. Jennifer Gamess Other City Staff Present: None SET ORDER OF AGENDA: Mr. Haeussinger moved to approve the agenda, as written. Mr. McGuine seconded the motion. The motion carried unanimously. CONSENT AGENDA: Mr. Haeussinger made a motion to approve the following consent items. Mr. Barry seconded the motion. a September 13, 2006 minutes The motion carried unanimously. CONTINUED ITEMS: Ms. Baker clarified that the item was not a public hearing. Also, the Commission continued the item from their previous meeting at the request of the applicant and MnDOT. The request was made to have adequate time to resolve some questions by MnDOT. At this time, they have not resolved them. Ms. Baker suggested that the Commission take action on the request at this time and indicated that MnDOT's questions could be addressed prior to City Council action. Mr. Haeussroger'moveta,ecommendapprovatotTet,Pias�tO Conditional Use Permit#i11 by Carl 3oiinsonl0ryvva Sapp`Kyl -� v �n V Page 2 City Planning and Zoning Commission Minutes Hearing Date: September 27, 2006 Mr. Pestka entered the meeting. PUBLIC HEARINGS: Ms. Mitzi A. Baker presented the staff repo dated September 21, 2006, to the Commission. The staff report is on file at the Rochester- I ted Planning Department. The applicant's representative,/Tereslters of Itiple Financial Services, Inc. (224 First Avenue SW, Suite A, Rocheste2), address the Commission. Ms. Tina Noonamaker was also presentquestions. S explained that they would consolidate programs within Rochester thad in difference I ations. 93' EXCERPTS FROM THE ROCHESTER ZONING ORDINANCE AND LAND DEVELOPMENT MANUAL 61.145 Matters Under Consideration: The review of a conditional use is necessary to insure that it will not be of detriment to and Is designed to be compatible with land uses and the area surrounding its location; and that it is consistent with the objectives and purposes of this ordinance and the comprehensive plan. 61.146 Standards for Conditional Uses: The zoning administrator, Commission, or Council shall approve a development permit authorizing a conditional use unless one or more of the following findings with respect to the proposed development is made: 1) provisions for vehicular loading, unloading, parking and for vehicular and pedestrian circulation on the site and onto adjacent public streets and ways will create hazards to safety, or will impose a significant burden upon public facilities. Access to the site for material delivery will be to and from the frontage road south of the property, a designated Urban Arterial. 2) The intensity, location, operation, or height of proposed buildings and structures will be detrimental to other private development in the neighborhood or will impose undue burdens on the sewers, sanitary and storm drains, water or similar public facilities. NA 3) The provision for on -site bufferyards and landscaping does not provide adequate protection to neighboring properties from detrimental features of the development. NA 4) The site plan fails to provide for the soil erosion and drainage problems that may be created by the development. NA 5) The provisions for exterior lighting create undue hazards to motorists traveling on adjacent public streets or are inadequate for the safety of occupants or users of the site or such provisions damage the value and diminish the usability of adjacent properties. NA 6) The proposed development will create undue fire safety hazards by not providing adequate access to the site, or to the buildings on the site, for emergency vehicles. NA 7) In cases where a Phase I plan has been approved, there is a substantial change in the Phase 11 site plan from the approved Phase I site plan, such that the revised plans will not meet the standards provided by this paragraph. NA 8) The proposed conditional use does not comply with all the standards applying to permitted uses within the underlying zoning district, or with standards specifically applicable to the type of conditional use under consideration, or with specific ordinance standards dealing with matters such as signs which are part of the proposed development, and a variance to allow such deviation has not been secured by the applicant. NA 62.824 Conditional Use Permits - Standards for Approval: When deciding on Conditional Use Permits in any of the flood districts, the following factors, in addition to the standards of Paragraph 61.146 shall also be considered: 1) The danger to life and property due to increased flood heights or velocities caused by encroachments. 2) The danger that materials may be swept onto other lands or downstream to the injury of others. 3) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary condition. a 4) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. 5) The importance of the services provided by the proposed facility to the community. 6) The need for a waterfront location for the facility. 7) The availability of alternative locations not subject to flooding for the proposed use. 8) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. 9) The relationship of the proposed use to the comprehensive plan and flood plain management program for the area. 10) The safety of access to the property in times of flood for ordinary and emergency vehicles. 11) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site. 12) Such other factors which are relevant to the purposes of Paragraph 62.800. Staff findings: The site is located in Zone AO designated as having flood depths o/ 1-3 feet(sheet flow on sloping terrain). The Floodway district is not affected by this proposal. The buildings must be elevated to or above the flood protection elevation and the applicant has proposed the construction of a berm on the westerly portion of the site that appears to be elevated to approximately 1 foot above the 100 year flood event The site will not need flood free access under the ordinance. 62.1010 COND177ONAL USE PERMITS - STANDARDS FOR APPROVAL 1. When deciding on a conditional use permit within the shoreland district, the following factors, in addition to the standards in Paragraph 61.146 shall also be considered: 1. A thorough evaluation of the waterbody and topographic, vegetation, and soils conditions on the site must be made to ensure: 1. The prevention of soil erosion or other possible pollution of public waters, both during and after construction; 2. The visibility of structures and other facilities as viewed from public waters is limited; 3. The site is adequate for water supply and on -site sewage treatment; and 4. The types, uses, and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft. Staff Findings: The applicant has proposed no distrubance of the existing wetland area within the Shoreland District. No buildings are located within the Shoreland District The site will include stormwater facitilities to contain stormwater runoff. SUBSTANTIAL LAND ALTERATIONS: 62.1102 EXEMPT ACTIVITIES: 1. Except as required for a reclamation plan, which may be imposed on any of the following activities as part of any required City permit or approval process, the provisions of these Sections 62.1100 through 62.1113 shall not apply to the following activities: ai 1. The land area included within 15' or as reasonably defined by the City Engineer to allow soil stabilization of the identified boundaries of a building submitted for a building footing and foundation permit. 2. Stormwater management facilities or other public infrastructure approved by the City. 3. Excavations or blasting for wells, tunnels or utilities that have received all necessary governmental approvals. 4. Refuse disposal sites controlled by other applicable City, State or federal regulations. 5. On -going cemetery (burial) operations. 6. Development activity for which a general development plan, subdivision permit or other Type III approval has resulted in the review of the proposed cut and fill work and for which a grading permit is required. To qualify for this exemption, the Council shall have made the findings established in Section 62.1105. Applicable to this proposal. 7. Uses in the Central Development Core (CDC) District. 62.1105 FINDINGS NECESSARY FOR ISSUANCE OF CONDITIONAL USE PERMITS: The City shall approve a conditional use pennit authorizing an excavation activity only if all of the following findings with respect to the proposed activity are made, in addition to those listed in Section 61.146: 1. The activity will not result in a danger to life or property due to (1) steep or unstable slopes, (2) unsafe access to the property, (3) excessive traffic, or (4) proximity to existing or planned residential areas, parks and roadways; The property is located in a large area zoned M-2 and the material placed on the site will elevate the buildings and surrounding storage/parking areas. Access will be to an exsiting Urban Arterial. 2. Visual, noise, dust, and/or excessive on- or off -site environmental impacts on public parks, roadways and residential areas can be adequately mitigated by the Applicant and a fully detailed plan is submitted by the Applicant to demonstrate the mitigation methods to be used, the cost of such mitigation, the source of funds for such mitigation, and adequate legal assurance that all of such mitigation activities are carried out; Noise and dust may be a localized issue during the construction but will end once construction is complete. There are no residential areas adjacent to this property. 3. The use of trucks and heavy equipment will not adversely impact the safety and maintenance of public roads providing access to the site, or such impacts will be mitigated; The access to this site is by the frontage road, 7 h St., NW and West Circle Drive. These streets are Urban Arterials or higher level streets. 4. The proposed use will not adversely affect air quality or ground water or surface water quality; The applicant has proposed on -site stormwater ponds and will be required to have a stormwater permit during construction. There are no city wells located within the immediate area. 5. The proposed use will not adversely affect the scenic quality of Rochester or the natural landscapes, environment, wildlife and wildlife habitat; or if such effects are anticipated to occur, the reclamation plan provides for adequate restoration of the site following completion of the excavation activity; The site includes wetlands, mowed grassland and narrow wooded areas. The property is located within an area designated for industrial development on the Land Use Plan and in the zoning ordinance. W 6. The activity will be compatible with existing development and development anticipated in the future, including other uses as shown in the Comprehensive Plan, including but not limited to: patterns of land use, recreational uses, existing or planned development, public facilities, open space resources and other natural resources; Warehouse uses are consistent with the Land Use Plan designation and current zoning district. The till in the flood fringe is permitted in order to elevate buildings to the flood protection elevation. 7. The activity will not unduly affect the use and enjoyment of adjacent properties; The floodplain standards and the Flood Insurance Rate Map allow for fill to elevate buildings within the Flood Fringe District. Fill within the property boundary is consistent with the flood plain standards should not have an impact on adjacent property. 8. The site plan provides for adequate buffers and screening year-round from unsightly features of the excavation operation; Not applicable. 9. The reclamation plan provides for adequate and appropriate restoration and stabilization of cut and fill areas; The grading plan must meet all city standards for erosion control of the fill areas on the property. The grading plan will be required prior to the issuance of any zoning certificates. 10. The excavation activity will not result in negative impacts on drainage patterns or stormwater management facilities; Stormwater runoff will be directed to 2 proposed stormwater ponds on the property. 11. The proposed activity will minimize impacts on sinkholes, wetlands and other natural features affecting ground water or surface water quality; The applicant must complete the wetland review process prior to approval of a grading permit A portion of the wetlands on the property will not be affected by the proposed project. 12. The intensity and the anticipated duration of the proposed excavation activity is appropriate for the size and location of the activity; Not applicable. 13. Permanent and interim erosion and sediment control plans have been approved by the City; No grading permit has been reviewed and approved by the city at this time, however, before any grading is permitted and any zoning certificate is issued the grading plan must be approved by the city. 14. Surety has been provided that guarantees the site will be fully restored, after completion of the excavation activity, to a safe condition, and one that permits reuse of the site in a manner compatible with the Comprehensive Plan, neighborhood plans, the Land Use Plan and applicable City policies. A bond will be required by the city under the city/owner contract. 15. The proposed activity complies with the requirements of the adopted building code. Review of the grading plan by the Public Works and Building Safety Departments will determine compliance. The hand to reach far... DAVID A. KAPLER Fire Chief DATE: September 1, 2006 TO: Jennifer Garness, Planning FROM: R. Vance Swisher, Fire Marshal SUBJ: Type III, Phase III Amendment to Conditional Use Permit #04-41 by Carl Johnson/Drywall Supply.. With regard to the above noted project 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. a) The minimum fire flow for this commercial development area shall be no less than 2,500 gpm at 20 psi. The actual required fire flow per lot will be determined by the size and construction type of the buildings being proposed. 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. a) Minimum fire lane shall be provided so that fire department apparatus has access to within 150 feet of all sides of the building. The fire lane shall not be Tess than 20 feet clear drivable width and shall be signed. 3. 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 (e-mail only) Mark Baker — Rochester Public Works (e-mail only) Drywall Supply McGhie & Betts, Inc (e-mail only) Rochester -Olmsted Planning ._partment Phone: (507) 285-8232 GIS/Addressing Division Fax: (507) 287-2275 2122 Campus Drive SE, Suite 100 Rochester, MN 55904-4744 CONDITIONAL USE PERMIT REFERRAL RESPONSE DATE: August 25, 2006 TO: Jennifer Garness FROM: Randy Growden GIS/Addressing Staff Rochester -Olmsted County Planning Department CC: RE: Drywall Supply CONDITIONAL USE PERMIT #04-41 A review of the CONDITIONAL USE PERMIT has turned up the following ROADWAY or ADDRESSING related issues: NOTE: On the grading plan for this Conditional Use Permit reference is made to 7 ST NW. This roadway designation is not correct as there has never been an official E911 roadway designation assigned to this segment of roadway. G9 WETLAND COMMENTS FOR DEVELOPMENT APPLICATIONS Application Number: Type III Phase III Amendment to Conditional Use Permit #04-41 by. Carl Johnson/Drywall Supuly 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. ® Other or Explanation: A replacement plan has been submitted and is under review by the TEP. The replacement plan must be acted on by the City Council prior to grading plan approval by the city. From John Harford Wetlands LGU Representative Rochester Minnesota Land Surveying Urban - Land Planning Consulting - Civil Engineering August 10, 2006 Ms. Mitzi Baker Consolidated Planning Department 2122 Campus Drive Rochester, MN 55904 RE: Exemption from Section 62.1101.2 (a) for Drywall Supply Dear Ms. Baker: Section 62.1101 of the Rochester Land Development Manual and Zoning Ordinance contains new standards for substantial land alteration projects. The grading of the Drywall Supply site will result in exceeding100,000 cubic yards of earth moved on the entire parcel. The total amount of earth to be moved on the project is approximately 146,500 cubic yards. This is due to raising most of the site above the flood limits. Geotechnical Engineering Section 62.1102. LF provides for an exemption provided there are sufficient findings made as contained in 62.1105. The following are suggested findings in Construction Material Testing support of the request: Landscape Architecture Secticn62.1105(1-15). I. The activity necessary to fill the site will not result in unstable slopes or unsafe access. The slopes on the site will be a maximum of 3:1. The maximum fill is 6 feet with an average of 3.5 feet for the project. 1648 Third Avenue S.E. Rochester, MN 55904 Tel. 507.289.3919 Fax. 507.289.7333 2. The environmental impacts of grading on this site to adjacent properties will be minim 3. There is direct access to the site from 72h Street NW. It will be necessary to truck in fill to the site. 4. The additional grading will not adversely affect air quality, the ground water, or surface water quality. 5. The natural topography of the area will be re -graded to provide adequate slopes for commercial land use for this development and the overall scenic quality will be maintained. 6. The grading is compatible with the proposed adjacent neighborhood developments. 7. The grading will be confined to the Drywall Supply site, and will not unduly affect the use and enjoyment of adjacent properties. g CEIVED RGGnE31ER - CLh'�TED e-mail. mbi@mcghiebetts.com December 7, 2004 Page 2 8. The grading activity will take place in one phase taking approximately 18 weeks. There are no homes in the immediate area that would be visually affected by the grading activities. 9. The grading plan will provide for proper restoration stabilization in accordance with the codes for the City of Rochester. 10. The grading will not result in negative impacts on the drainage patterns. The grading of the site is such that run-off is directed to a proposed private storm water basin prior to exiting the site. 11. The area of grading does not contain sinkholes and will not affect the groundwater or the subsurface water quality once restoration and stabilization is completed. 12. The grading of the site will take place in one phase taking approximately 18 weeks. This time frame is appropriate for the size and location of this activity. 13. Permanent and interim (during construction) erosion/sedimentation control will be provided for in the grading plan. The city will review and approve this city/owner contract. 14. A performance and payment bond is required for all work associated with the construction of the public improvements. This bond will be submitted with the city/owner contract. 15. This development will comply with the standards in the Land Development Manual and on file with Public Works. Very truly yours, 7McGE & BETTS INC. '11rejory R. Bond, P.E. PC: Carl Johnson, Drywall Supply RECEIVED AUG 1 n; 2096 RIII=- ILK OS!1'1290, 07:a4 5072857333 tACGHIE&BETTS P-'5E 02/62 TYPE III, PHASE 11 DEVELOPMENT APPLICATION CITY OF ROCHESTER The undersigned hereby makes application for a Type III Development as regulated by Section 60.53C of the City of Rochester Land Development Manual. NAME OF APPLICANT: CARL JOHNSON (DRYWALL SUPPLY) ADDRESS OF APPLICANT: 5471 OUAM AVENUE NE ST MICHAEL MINNESOTA 55376 so-eetnldn cb sou by TELEPHONE NUMBER: (home) (work) 763-428-2282 FAX NUMBER: 763-428-7554 ADDRESS OF PROPERTY IF DIFFERENT THAN APPLI SIGNATURE OF PROPERTY OWNER: LEGAL DESCRIPTION. SEE ATTACHE If fling Land Use Plan Amendment or Zoning District Amendment, please state designation from and to DATE: MAY 15, 2006 Respectfully Submitted, ARL JOHNSON (DRYWALL SUPPLY) 5421 QUAM AVE NE, ST. MICHAEL (Owner or Corporation) (Address) Return Application to: Rochester— Olmsted Planning Department 2122 campus Dr. SE, Suite 100 Rochester, MN 55904 IIISTRIBUTION: Planning Department (white copy) City Clerk: (canary copy) Applicant: (pink copy) Form r 19zea aer. v&m 'N Mec/ ?�' O/m 5/C-d &u t7 55376 763-428-228 �s REQUEST FOR COUNCIL ACTION MEETING ' l� DATE: 10-I6-06 � AGENDA SECTION: ORIGINATING DEPT: ITEM�. .� PUBLIC HEARINGS PLANNING ITEM DESCRIPTION: Final Plat #06-24, by Badger Hills, LLC to be known as Badger Hills PHEPAHI L) by: Third Subdivision. The applicant is proposing to subdivide approximately 12.04 acres into Theresa Fogarty, 44 lots for low density residential development, and two Outlots, and also to dedicate Senior Planner right-of-way for three public roadways. The property is located north of Valleyhigh Road NW, west of West Circle Drive and includes extension of Baraboo Street NW and 35th Street October 11, 2006 Planning Department Review: See attached staff report dated October 11. 2006, recommending approval subject to the following conditions: 1. Prior to recording the final plat: a. The plat shall be revised labeling the short 178 foot segment of the roadway north of the intersection of 4e Avenue NW and Baraboo street NW as "46 AVE NW" and the short 154.19 foot segment of roadway east of the intersection of 35`h Street NW and 46th Avenue NW as "35 ST NW". 2. A GIS impact Fee and E911 Addressing Fee shall be assessed and must be paid prior to recording the final plat, per the October 3, 2006 memorandum from Rochester- Olmsted Planning Department — G1S Division. 3. Dedication of parkland and cash with payments shall be handled in the form outlined in the October 3, 2006 memorandum from the Rochester Park and Recreation Department. 4. Execution of a City -Owner Contract is required prior to construction of the public infrastructure to serve this subdivision. Council Action Needed: 1. If the Council wishes to proceed, it should instruct the City Attorney to prepare a resolution with findings supporting their decision. P Distribution:`? 1. City Administrator 2. City Clerk 3. City Attorney 4. Planning Department File 5. Applicant: This item will be considered sometime after 7:00 p.m. on Monday, October 16, 2006 in the Council Chambers at the Rochester / Olmsted County Government Center. COUNCIL ACTION: Motion by. Second by to: I 7 ` Oa S_ C a CD (,J I T� A i /G Z Jj LM i S=S JI LU V �l y'ii'./W Tis If'vamuw a>n. 9l2[; .90D4D6 � I I �' Co Pa '3C r ya 0 _ 4N W1 Wu �U WY 'M'N "15 P. HISS N Gaysl I yseW� M � I I x,sa � m Goy �yjl�M _ WG.G I � Ij ep .car � m m I W J a T01 :zsGn GSI��a' cscue mNy W 1f4 z to LL 1Y i I p .a3so M 11) RaYY , e m eesG um I, In ImW man I RS- 6W1 n � YGGG1 L Z l f RI Y +ue+R S uR'S 1 .I ag$' I acu i13117�dhli l NI O R 0 _ 7 m s ri k , a i/ h Be ER RIDGE SUBWS" L- C.e'droTM�3 FEB 1 B 20M ! $ I% I 9N WoWxa Rocheaunpmeud Punning Dapanment 2122 Campus D" SS - Suits 100 _ Roahastar, MN 559 7" y (M7) 285-ME GDP 0172 Verna Badger Parcel/Badger Hilts Rochester Common Council approved GOP a172, an March 4, 2002 subject to 9 conditionslmodifications. The Plan approved by Council was dated REVISED January 23, 2002 PUNN�,TMM i REVISEG The attached Plan dated REVISED Fehruary, 18, 2003 is intended to address condition e7, regarding future alignment of the westward extension of 41' Street NW. Other modifications to roadway alignments were also made. Road I z BA alignments will be formalized through the Platting process. Alignments identified 9 1� ROCHI on adjacent properties are conceptual oniy. GDP e172 only includes the Verna Badger ParceVBadger Hills. i GENERALDevuvrrv¢rvi rtrry �.1 a°iiil4iitji?�9 to be known as Badger Hills Third located in 1200 ft. Notification Area of proposed Plat NW 1/4 Sec 20 Cascade TWPI; 1 Final Plat #06-24 by Badger Hills, LLC PIN: 74.20.21.072574 Council Ward: 3 (Bruce Snyder) Neighborhood Assoc: None 10/02/05 19 Olmsted County is not responsible for ommissions or errors contained herein. If discrepancies are the GIS Division, Rochester-Olmsteq, County Planning Department, 2122 Campus diva BE, Roch ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 C C Y M T T OF www.olmstedcounty.com/planning TO: Rochester Common Council FROM: Theresa Fogarty, Senior Planner DATE: October 11, 2006 I�eNnQ`I��af�� 1V�w�►9v�tR3 RE: Final Plat #06-24, by Badger Hills, LLC to be known as Badger Hills Third Subdivision. The applicant is proposing to subdivide approximately 12.04 acres into 44 lots for low density residential development, and two Outlots, and also to dedicate right-of-way for three public roadways. The property is located north of Valleyhigh Roac NW, west of West Circle Drive and includes extension of Baraboo Street NW and 35th Street NW. City Council Meeting: October 16, 2006 Planning Department Review: Applicant/Owner: Badger Hills, LLC jh 4057 NW 28 Street, Suite 200 Rochester, MN 55901 Surveyors/Engineers: Yaggy Colby Associates 717 Third Avenue SE Rochester, MN 55904 Referral Comments: Rochester Public Works Department Rochester Public Utilities — Water Division Planning Department — GIS/Addressing Staff Planning Department — Wetlands LGU Representative Rochester Park & Recreation Department Report Attachments: 1. Copy of Final Plat 2. Copy of approved Preliminary Plat 3. General Development Plan 4. Location Map 5. Referral Comments (5 letters) Development Review. Zoning: The property is currently zoned R-1 (Mixed Single Family) district on the City of Rochester Zoning Map. BUILDING CODE 5071285-8345 • GIS/ADDRESSING/MAPPING 507/285-8232 • HOUSING/HRA 5071285-8224 PLANNINGaONING 507/285-8232 • wELUSEPTIC 507/285-8345 FAX 5071287-2275 7�17 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER nae.,. Page 2 Final Plat #06-24 Badger Hills 3rd Subdivision October 11, 2006 Roadways: The plat proposes to dedicate right-of-way for three new public roadways. The first roadway is an extension of "Baraboo Street NW" and is designed with a 56' right-of-way. The second roadway is an extension of "351h Street NW" is designed with a 60' of right-of-way. The third roadway identified as "46" Avenue NW" is designed with a 60' right-of-way. The short 178 foot segment of the roadway north of the intersection of 461hAvenue NW and Baraboo Street NW is missing its designation. This roadway shall be labeled as "46 AVE NW". The short 154.19 foot segment of roadway east of the intersection of 35'h Street NW and 46th Avenue NW is missing its designation. This roadway shall be labeled as "35 ST NW". Pedestrian Facilities: A Development Agreement has been executed which addresses the requirement for pedestrian facilities. Drainage: The Grading and Drainage Plan has been approved for this property. A Development Agreement for this property has been executed and development is subject to the terms of the Agreement. Wetlands: Minnesota Statutes now requires that all developments be reviewed for the presence of wetlands or hydric soils. A wetland related application has been approved by the city. This plan incorporates the approved wetland plan. Public Utilities: Final utility plans have been approved. 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 53 spillover parking stalls. It appears as though the additional parking can be accommodated on the roadways and most likely within private driveways, as well. Disposal of Trees & Brush: As per Section 61.200 of the LDM, any person seeking approval of a subdivision activity, development activity or a conditional use permit must indicate whether there will be burning of brush, trees or debris that will be cleared as part of the proposed activity. Chipping on site, salvaging and removing from the property. Page 3 Final Plat #06-24 Badger Hills 3rd Subdivision October 11, 2006 Parkland Dedication: The City Park and Recreation Department recommends that dedication requirements be met via: Deferred land dedication of Outlot A Badger Hills Second. The deferred park dedication to occur when graded and turf is established and when the site is accessed via public street or when the City wishes to begin development of the park. General Development Plan: This property is included within the approved Verna Badger ParcellBadger Hills GDP (4172). Preliminary Plat Staff Review and Recommendation: A preliminary plat for this area was approved by the Council on August 18, 2003. The City Council also considered a Substantial Land Alteration Permit and Design Modification (Lots 7& 8, Block 15 & Lots 19 & 20, Block 11) request which was also approved on August 18, 2003. The approval of the preliminary plat was subject to thirteen (13) conditions: The conditions are listed below: 1. The Plat shall be revised. a. Adding the directional of NW to 41 Street soft reads '41 Street NW" b. Coordinating with the Planning Department — G1S Division, numbering or naming all other roadways within this plat. c. The location map on the face of the plat shall be changed to Cascade Township coordinates T 107N. Currently location map indicates Rochester Township coordinates T 106N. d. Providing a utility easement along the south lot lines of Lot 1, Block land Lot 1, Block 2, as requested by Rochester Public Utility Water Division Memorandum, dated June 18, 2003 and Operations Division Memorandum, dated June 17, 2003. e. Dedicating a 30' wide outlot mid -block connection in the vicinity ofLots 9 & 10, Block it. f. indicating controlled access along the entire frontage of Valleyhigh Drive NW, with the exception of any approved street accesses. Additional controlled access is required within 250 feet of the right-of-way intersection of Valleyhigh Road NW and Avenue'Aand along the entire frontage of 41 Street NW. g. Dedicate Outlots D & E and 20 additional feet of right-of-way for 415' Street NW along the south side of Lot 1, Block 12 and Lot 21, Block 14 2. Dedication of parkland and cash with payments shall be handled in the form outlined in the June 26, 2003 Memorandum from the Rochester Park and Recreation Department. The parkland dedication for Block 1, Lot 1 and Block 2, Lot 2 shall be calculated when the site plans and number of dwelling units are known. J Page 4 1 Final Plat #06-24 l Badger Hills 3r° Subdivision October 11, 2006 3. The applicant shall dedicate Outlot 'A"to the City when graded and turf is established and when the site is accessed via public street. 4. Upon request by the City, the applicant shall dedicate all 30' wide mid -block pedestrian connection outlots to the City and the owner shall be obligated to grade and construct a 10' wide bituminous pedestrian path for the connection, prior to dedication to the City. 5. The roadways leading to the cut -de -sacs appear to be less than 28 feet and shall be posted "No Parking"along both sides of the roadway. 28' wide roads allow for parking on one side only. The cul-de-sacs appear to be less than 96 feet in diameter and shall be posted No Parking" In addition, 'No Parking"shall be allowed on either side of 418, Street NW and on Avenue "A", within 200 feet of the Valleyhigh Road NW right-of-way. 6. Development of this plat will be limited to 1200 daily trips until a second access is provided to this property. The phasing of final plats maybe required to limit the number of lots being established, prior to construction of the second access. 7. The applicant is responsible for identifying wetlands on the property and submitting the information. The applicant is also responsible for completing and providing to the Planning Department, a Wetland Delineation. Any filling of wetland shall require an Alternatives Analysis and Replacement Plan. 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, substandard street reconstruction charges & Traffic improvement District charges, sormwater management, park dedication, traffic improvements, pedestrian facilities, right- of-way dedication, access and extension of utilities for adjacent property, and contributions for public infrastructure, including the applicants up front contribution required for the extension of the J7710 Sanitary Sewer & Watermain project to serve this property. 9. Phasing for development of the northerly portion of this plat with gravity flow sanitary sewer will be dependent on extension of services through the currently undeveloped property east of this plat, or will require a private lift station. A feasibility report has been requested and is being prepared by Public Works for the proposed J7710 Project. 10. Grading and Drainage Plan approval is required prior to submitting the final plat. A Stormwater Management Fee shall apply to any areas of this proposed development that do not drain into the existing on -site detention facilities in Badger Ridge. 11. Pedestrian facilities shall be required along both sides of all new public roadways within this property, as well as, along the entire northerly frontage of Valleyhigh Road NW. A bituminous pedestrian path shall be required along the 415' Street extension, Valleyhigh Road and all park access points including the mid -block connections, in lieu of a five foot concrete sidewalk. 12. Ownership and Maintenance of Outlots "D" and "E" shall be addressed prior to Final Plat approval. 13. The applicant shall provide surety that guarantees the site will be fully restored after the completion of the excavation activity. Said surety must be provided prior to commencement of grading activities on the property. V Page 5 / Final Plat #06-24 Badger Hills 3rd Subdivision October 11, 2006 Final Plat Staff Review and Recommendation: The Planning staff has reviewed this final plat request for compliance with the Rochester Zoning Ordinance and Land Development Manual. The staff recommends approval of this final plat, as submitted, with the following conditions / modifications: 1. Prior to recording the final plat: a. The plat shall be revised labeling the short 178 foot segment of the roadway north of the intersection of 4e Avenue NW and Baraboo street NW as "46 AVE NW" and the short 154.19 foot segment of roadway east of the intersection of 35'h Street NW and 4e Avenue NW as "35 ST NW". 2. A GIS impact Fee and E911 Addressing Fee shall be assessed and must be paid prior to recording the final plat, per the October 3, 2006 memorandum from Rochester- Olmsted Planning Department - GIS Division. 3. Dedication of parkland and cash with payments shall be handled in the form outlined in the October 3, 2006 memorandum from the Rochester Park and Recreation Department. 4. Execution of a City -Owner Contract is required prior to construction of the public infrastructure to serve this subdivision. Note to Developer: • A Development Agreement as been executed for this Property and development is subject to the terms of the Agreement. ROCHESTER 115 H�4�. TO: Consolidated Planning Department DEPARTMENT OF PUBLIC WORKS 2122 Campus Drive SE 201 4' Street SE Room 1D8 Rochester, MN 55904 Rochester, MN 55904-3740 507-287-7800 FAX — 507-281-6216 FROM: Mark E. Baker DATE: 10/9/06 The Department of Public Works has reviewed the requested application for Final Plat #06-24 for Badger Hills Third Subdivision. The following are Public Works comments on the proposal: 1. A Development Agreement has been executed for this property, and development is subject to the terms of the Agreement. 2. Execution of a City -Owner Contract is required prior to construction of public infrastructure to serve this Property. Development Charges I fees applicable to the development of this property are/will be included in the Development Agreement and/or City -Owner Contractor this Subdivision, and include (rates through 7/31/07): • Water Availability Charge (WAC) @ $2105.70 per developable acre • Stormwater Management Are Charge @ $2601.48 per developable acre (low density residential). • West Side Transportation Improvement District (WSTID) @ $7,727.58 per developable acre • First Seat Coat for all public streets within the Subdivision @ $0.58 per sq yd of public street surface • Street Signs - TBD • Pedestrian Ramps — TBD NOTE: This Property has been charged for its applicable Sewer Availability Charge (SAC) through the City -Owner Contract for Phase 1 of Badger Hills Subdivision, as specified in the Development Agreement. CADocuments and Settings\plajgarn\Local Settings\Temporary Internet Flles\01_1<61\FP06-24 Badger Hills 3rd Subd.doc rpu —. wr pirAge, Ws rfii(✓N October 2, 2006 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: Final Plat #06-24 by Badger Hills, LLC to be known as Badger Hills Third Subdivision. Dear Ms. Garness: Our review of the referenced final plat is complete and we have no objections. The final utility plans have been approved. Please contact us at 507-280-1500 if you have questions. Very truly yours, 06-JA p Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, 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 partment GISIAddressing Division 2122 Campus Drive SE, Suite 100 Rochester, MN 55904-4744 FINAL PLAT REFERRAL RESPONSE DATE: October 03, 2006 TO: Jennifer Garness, Stephanie Foster FROM: Randy Growden GIS/Addressing Staff Rochester -Olmsted County Planning Department CC: Jan Chezick; Ed Kuisle; Yaggy Colby RE: BADGER HILLS THIRD SUBDIVISION FINAL PLAT #06-24 Phone: (507) 2BS-8232 Fax: (507)287-2275 UPON REVIEW OF THIS PLAT THE FOLLOWING FEES ARE REQUIRED TO BE PAID BEFORE THE PLAT CAN BE ADDRESSED. E911 ADDRESSING FEE: S 3520.00 (44 LOTS/ADDRESSES) GIS IMPACT FEE: $ 1090.00 ( 46 LOTS/OUTLOTS) Notes: 1. Additional E911 Addressing fees may be required upon Site Plan review. 2. Final Plats must be approved and the above fees paid before application requests for addressing can be submitted to the E911 Addressing Staff—Rochester/Olmsted A review of the final plat has turned up the following ADDRESS or ROADWAY related issues: 1. The short 178 foot segment of roadway north of the intersection of 46 Ave NW and Baraboo St NW is missing its designation. RECOMMENDATION: Label this short segment of roadway as 46 AVE NW. 2. The short 154.19 foot segment of roadway east of the intersection of 35 St NW and 46 Ave NW is missing its designation. RECOMMENDATION: Label this short segment of roadway as 35 ST NW. J WETLAND COMMENTS FOR DEVELOPMENT APPLICATIONS Application Number: Final Plat #06-24 by Badger Hills, LLC to be known as Badger Hills Third Subdivision 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. 0 Other or Explanation: From John Harford Wetlands LGU Rep?esentative \�I ROCHESTER PARK AND RECREATION DEPARTMENT 201 FOURTH STREET SE ROCHESTER MINNESOTA 55904-3769 TELE 507-281-6160 FAX 507-281-6165 MEMORANDUM DATE: Oct 3, 2006 TO: Jennifer Gamess Planning RE: Badger Hills 3 Final Plat #06-24 Acreageof plat.......................................................... 10.2 a Number of dwelling units ............................................. 44 units Density factor .................... ........................................ .0244 Dedication............................................................... 1.07 a Fair market value of land ............................................. The Park and Recreation Department recommends that dedication requirements be met via Deferred land dedication of Outlot A Badge Hills Second . The deferred park dedication to occur when graded and turf is established and when the site is accessed via public street or when the City wishes to begin development of the park. N W2898 UCEIVED OCT 10 2006 O:\PARK DEDICATI0N\2006\NW 2898\�ADGER HILLS 3 FINAL.DOC REQUEST FOR COUNCIL ACTION MEETING 1 / DATE: 10-16-06 AGENDA SECTION: ORIGINATING DEPT: PLANNING ITTO. PUBLIC HEARINGS 0o ITEM DESCRIPTION: Final Plat #06-25 by Meadow Lakes Builders of Rochester LLC, PREPARED BY: to be known as Patio Homes of Meadow Lakes. The applicant proposes to Theresa Fogarty, Senior Planner subdivide approximately 21.57 acres of land located west of West Circle Drive SW, south of Berkshire Road SW and east of Burncroft Place SW into 13 lots and one Outlot. October 11, 2006 Planning Department Review: See attached staff report dated October 11. 2006, recommending approval subject to the following conditions: 1. A G1S Impact Fee and E911 Addressing Fee shall be assessed and must be paid prior to recording the final plat, per the October 3, 2006 memorandum from Rochester- Olmsted Planning Department — GIS Division. 2. To facilitate installation, the planned 8" water main extension within the 20' utility easement shown between Lots 5 & 6, Block 1 should be constructed prior to the actual home construction. 3. The applicant agrees that this subdivision will have an impact on the need for Parkland and that the from the Park and Recreation Department dated dedication requirements are outlined in the memorandum October 5, 2006. Council Action Needed: 1. If the Council wishes to proceed, it should instruct the City Attorney to prepare a resolution with findings supporting their decision. Distribution: 1. City Administrator 2. City Clerk 3. City Attorney 4. Planning Department File 5. Applicant: This ftem will be considered sometime after 7:00 p.m. on Monday, Octobel 16, 2006 in the Council Chambers at the Rochester / Olmsted County Government Center. COUNCIL ACTION: motion by: Second by: to: t� Im mac- 'a •• y a�5: 3 � aF-J,pg � =.::;01 K.¢na. db bt� Sao. d1 ° a° Gi -11 y tJ} I _ k is •.n •B°d y;,a' 4E°' EaCaJ NOS CIE! sEcy�9 • 11 3 1` ``l � ♦ _ ¢n T \P� M•>wa% 1� � i \ 1 I a QI id'a !i 1 I 1 1 JE: W S ♦ 1; ° cYf 1 sJ 1 g If w ak e7°,�✓ s 1\1. R` ilk�!• ds FS\ \ \ t 1 I z t- ' v � F a N xa "L4 Ali ' O�� C•=ar •^' 10 ' N'n a ^ 1 ••• y 1 3 ,1, ,111 up^ Q ' is 3iyW all IN tv Its a! - I -i fit;a i al ?it i'f ��stii }}a EZsi JS si; IJ3 Nt 3 jdl 311 iE a7F t. ai1 ui •1- `3.t--Ji t a !;7 Ssi R is;yea ;i le• ; 3 li ii't i'c: .!FJ'' \ td 61t ,; Ji ��—iiiit TA �-• dl. ya.� ea # �a 1a3 Ei.a is• a.a a °iia J JE , I fi e d.:•: @ a t.111, . 1 a• a• i a aa { I d.d !iZ :sa izdi tpp FF 1 ,I €m Ai. Teti t�: � d.l iFBi is :ii4siil E� df a7 3 3 Ill ;JR;z? 1 Jamllvd3D VNINM 14 M,g.m - 63133MDD E� Z O 100 Q3AIma • a 14 _602 t �' ---r '• . ",' ¢ sue.; }p ra R} 1 r t ;ijj�ptyi i U.(.F.p:f;r}'7ltF:i: Ipl i{t:ipifipp�:i}i!i�pip �{6 —� i9m H / ^ C N pz W _ 1 - _ __ w a t� N - ulnrml 'nt,n3Uts3b LlISX3�P[I�-la f W 1 i } .=mw Noismlaens wolstmasns uwa sxrHiaax + s*^'xlaml 1 xzma ' im •.,� some 's >m ( \ \\_ r4 T_ LI'1i I: �i I `3 cli tt t C3 Q Q W EJ O N r 10 Olmsted County is not responsible for ommissions or errors contained herein. If discrepancies are found within this map, Please no* �.1J� the GIS Division. Rochester -Olmsted County Planning Department, 2122 Campus Drive SE, Rochester, MN 55904.(507) 285.8231 —1yr No ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 Campus Drive SE, Suite 100 • Rochester, MN 55904-4744 c o U. T. OF www.olmstedcounty.com/planning TO: Rochester Common Council FROM: Theresa Fogarty, Senior Planner DATE: October 11, 2006 RE: Final Plat #06-25 by Meadow Lakes Builders of Rochester LLC, to be known as Patio Homes of Meadow Lakes. The applicant proposes to subdivide approximately 21.57 acres of land located west of West Circle Drive SW, south of Berkshire Road SW and east of Burncroft Place SW into 13 lots and one Outlot. City Council Meeting: October 16, 2006 Planning Department Review: ApplicanUOwner: Meadow Lakes Builders of Rochester LLC 5322 Scenic Oaks Drive SW Rochester, MN 55902 Surveyors/Engineers: GGG Engineering 14070 Highway 52 North Chatfield, MN 55923 Referral Comments: Rochester Public Works Department Rochester Public Utilities —Water Division Planning Department — GIS/Addressing Staff Planning Department —Wetlands LGU Representative Rochester Park & Recreation Department Report Attachments: 1. Copy of Final Plat 2. Copy of approved Preliminary Plat 3. General Development Plan 4. Location Map 5. Referral Comments (5 letters) Development_ Review: Zoning: The property is currently zoned R-3 (Medium Density Residential) district on the City of Rochester Zoning Map. BUILDING CODE 507/2B5-8345 • GIS/ADDRESSING/MAPPING 507/285-8232 • HOUSING/HRA 5071285-8224 PLANNINGlZONING 507/285-8232 • WELUSEPTIC 5071285-8345 u FAX 507/287-2275 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYE Page 2 Final Plat 406-25 Patio Homes of Meadow Lakes October 11, 2006 Roadways: There are no new roadways dedicated within this plat. Pedestrian Facilities: A Development Agreement has been executed which addresses the requirement for pedestrian facilities. Drainage: The Grading and Drainage Plan has been approved for this property. A Development Agreement has been executed for this Property and development is subject to the terms of this Agreement. Wetlands: Minnesota Statutes now requires that all developments be reviewed for the presence of wetlands or hydric soils. A wetland related application has been approved by the city. This plan incorporates the approved wetland plan. Public Utilities: Final utility plans have been approved. To facilitate installation, the planned S" water main extension within the 20' utility easement shown between Lots 5 & 6, Block 1 should be constructed prior to the actual home construction. 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 53 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 dedication requirements be met via: Deferred land dedication with land to be dedicated and developed as a neighborhood park identified as Outlot A Meadow Lakes Villas 2n°. Dedication to occur when the park is accessed via public street or when the City wishes to begin development of the park. General Development Plan: This property is included within the approved Meadow Lakes GDP (#247). 0 Page 3 %0 ��// Final Plat #06-25 Patio Homes of Meadow Lakes October 11. 2006 Preliminary Plat Staff Review and Recommendation: A preliminary plat for this area was approved by the Council on April 18, 2005. The City Council also considered a Substantial Land Alteration Permit and Design Modification (providing sidewalk on only one side of the roadway to be known as Burncroft Place SW) request. The Substantial Land Alteration was approved, but the Design Modification was denied. In addition, the City Council approved a conditional use permit allowing fill in the flood fringe in a portion of this plat on August 18, 2005. The approval of the preliminary plat was subject to nine (9) conditions: The conditions are listed below: 1. There are inadequate on and off site public facilities, specifically Storm Water Management Facilities to accommodate the development of this Property. if the development is to be phased -in, it must be done in a manner consistent with the City's existing and planned infrastructure improvements and, as required by city ordinances, pursuant to an executed development agreement. If the development is not phased, no development will be allowed to occur until the City Council has determines that public facilities are adequate for said development. Alternatively, the developer may request to join with the City in making these inadequate public facilities adequate for this development, and may enter into a development agreement, prior to Final Plat submittal, that outlines the developer's and City's obligations related, but not limited to: stormwater management, transportation improvements (3/4 access, turning lanes and street design), access control, pedestrian facilities, right-of-way dedication, contributions for public infrastructure, and the extension of public facilities to abutting properties where applicable. 2. Grading & Drainage Plan approval is required prior to final plat submittal and a Storm Water Management Charge is applicable for the entire developable area of the Property in addition to construction of any required sediment/rate control facilities. The location f the proposed sediment/ rate control structures on the preliminary pat d be looked atas conceptual and subject to change through the Grading Plan review process. Execution of an Ownership & Maintenance Agreement will be required as an Exhibit to the Development Agreement, for all private sedimentation and/or rate control facilities that will be constructed to serve this Property. Furthermore, if approved as shown, dedication of applicable drainage, utility & access easements and a separate Ownership & Maintenance Agreement will be required for the proposed off -site facilities on the abutting Meadow Lakes Golf Course property. 3. The applicant agrees that this subdivision will have an impact on the need for Parkland and that the dedication requirements are outlined in the memorandum from the Park and Recreation Department dated march 2, 2005. 4. Prior to the submittal of the final plat, the owner shall examine the portion of the property not covered in the 'No Loss" issued on April 19, 2004 for wetlands and submit the necessary information to the Local Government Unit for review. 5. West Circle Drive SW shall be labeled as West Circle Drive SW (C.S.A.H. No. 22) on the final plat. 6. Public utilities shall be extended within Juliette Avenue SW to serve the adjacent property to the south. Page 4 Final Plat #06-25 Patio Homes of Meadow Lakes October 11, 2006 7. Dedication of controlled access is required along the entire frontage of West Circle Drive SW with the exception of the proposed public street opening for Creekview Road SW. Additional controlled access shall be dedicated along both sides of Creekview Road SW extending 200 feet from the Right-of-way of West Circle Drive SW. 8. The developer agrees that the proposed development may require that the access at West Circle Drive be converted to a 3/ access in the future as well as the first 200 to 250 feet of Meadow Lakes Drive from West Circle Drive may require a collector street design standards based on projected traffic volumes generated by the development. The developer will be responsible for these improvements. 9. The applicant shall provide surety that guarantees the site will be fully restored after the completion of the excavation activity. Said surety must be provided prior to commencement of grading activities on the property. Final Plat Staff Review and Recommendation: The Planning staff has reviewed this final plat request for compliance with the Rochester Zoning Ordinance and Land Development Manual. The staff recommends approval of this final plat, as submitted, with the following conditions / modifications: 1. A G/S Impact Fee and E911 Addressing Fee shall be assessed and must be paid prior to recording the final plat, per the October 3, 2006 memorandum from Rochester- Olmsted Planning Department — GIS Division. 2. To facilitate installation, the planned 8" water main extension within the 20' utility easement shown between Lots 5 & 6, Block 1 should be constructed prior to the actual home construction. 3. The applicant agrees that this subdivision will have an impact on the need for Parkland and that the dedication requirements are outlined in the memorandum from the Park and Recreation Department dated October 5, 2006. Note to Developer: A Development Agreement as been executed for this Property and development is subject to the terms of the Agreement. RecteIX 0 ROCHESTER PARK AND RECREATION Rochester. Mn DEPARTMENT DATE: October 5, 2006 TO: Jennifer Gamess Planning RE: Patio Homes of Meadow Lakes Final Plat 06-25 21.57 a Acreage of plat.......................................................... 13` Number of dwelling units ............................................. a Dedication............................................................... .32 Fair market value of land ............................................. na Dwelling units and dedication for Outlot A not included. Will be calculated when site plans are submitted. The Park and Recreation Department recommends that dedication requirements be met via: Deferred land dedication with land to be dedicated and developed as a neighborhood park identified as Outlot A Meadow Lakes Villas 2nd Dedication to occur when the park is accessed via public street or when the City wishes to begin development of the park. SW 2897 O:\PARK DEDICATIOPA20OMSW 28971PATIO HOMES OF MEADOW LAKES.DOC 201 FOURTH STREET SE ROOM 150 ROCHESTER MINNESOTA 55904-3769 TELE 5o7-281-6164 FAX 507-281.6165 DSTOT7@CI. ROCHESTER. MN. US RECEIVED LCT10 2006 ROCHESTER •OLMSTED ROCHESTER TO: Consolidated Planning Department 2122 Campus Drive SE Rochester, MN 55904 FROM: Mark E. Baker DATE: 10/9/06 DEPARTMENT OF PUBLIC WORKS 201 O' 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 #06-25, for the proposed Patio Homes of Meadow Lakes (Reulat of Outlot `B' Meadow Lakes Villas. The following are Public Works comments on this proposal: 1. A Development Agreement has been executed for this Property and development is subject to the terms of said Agreement. Development related charges applicable to this Property were included in the City -Owner Contract for J5175, "Public Improvements to Serve Meadow Lakes Villas" C:1Documents and Se4ings\plajgam%Local Settings\Temporary Internet Files101_1<61TP06-25 Patio Homes of Meadow Lakes (Repeat of Outlgt B Meadow Lakes Villas).doc M� rpu we p edje. we drlic'er October 9, 2006 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: Final Plat #06-25 by Meadow Lakes Builders of Rochester, LLC to be known as Patio Homes of Meadow Lakes. Dear Ms. Garness: Our review of the referenced final plat is complete and we have no objections. Our comments follow: To facilitate installation, the planned 8" water main extension within the 20' utility easement shown between Lots 5 & 6, Block 1 should be constructed prior to the actual home construction. Please contact us at 507-280-1500 if you have questions. Very truly yours, "OA R Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention Meadow Lakes Builders of Rochester, LLC GGG Engineering Rochester Public Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 Rochester -Olmsted Plannino partment GIS1Addressing Division 2122 Campus Drive SE, Suite 100 Rochester, MN 55904-47" FINAL PLAT REFERRAL RESPONSE DATE: October 3, 2006 TO: Jennifer Garness, Stephanie Foster FROM: Randy Growden GIS/Addressing Staff Rochester -Olmsted County Planning Department CC: Jan Chezick; Ed Kuisle; G.G.G. RE: PATIO HOMES OF MEADOW LAKES FINAL PLAT 06-25 Phone: (507)286-8232 115) Fax: (507)287-2275 UPON REVIEW OF THIS PLAT THE FOLLOWING FEES ARE REQUIRED TO BE PAID BEFORE THE PLAT CAN BE ADDRESSED. E911 ADDRESSING FEE: S 1040.00 (13 LOTS/ADDRESSES) GIS IMPACT FEE: S 610.00 (14 LOTS/OUTLOTS) Notes: 1. Additional E911 Addressing fees may be required upon Site Plan review. 2. Final Plats must be approved and the above fees paid before application requests for addressing can be submitted to the E911 Addressing Staff — Rochester/Olmsted A review of the final plat has turned up the following ADDRESS or ROADWAY related issues: 1. Upon review of PATIO HOMES OF MEADOW LAKES the GIS / Addressing staff has found no issues to bring forth at this time. �T J WETLAND COMMENTS FOR DEVELOPMENT APPLICATIONS Application Number: Final Plat 06-25 by Meadow lakes Builders of Rochester LLC to be known as Patio Homes of Meadow lakes 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. ❑ Other or Explanation: From John Harford Wetlands LGU Rep?esentative REQUEST FOR COUNCIL ACTION MEETING 1'3 / DATE: 10-16-06 AGENDA SECTION: ORIGINATING DEPT: PLANNING ITE O. PUBLIC HEARINGS ITEM DESCRIPTION: Vacation Petition #06-13 by Timberland Partners XXXVIII, LLP PREPARED BY: and VII, LLP. The applicant is proposing to vacate a utility easement located Theresa Fogarty, within Lot 1, Block 1, Summit Square Manor Subdivision. The easement extends Senior Planner north from 401h Street NW and runs underneath the 835 40th Street NW building. October 10, 2006 Planning Department Recommendation: See attached staff report dated October 10, 2006. Upon reviewing comments received by the referral agencies stating no objections, if applicant is responsible approval of this vacation petition as requested for relocation costs of any existing utilities, staff recommends with the following recommendation: 1. All costs associated with relocation of any existing utilities shall be the responsibility of the applicant. Council Action Needed 1. Following the hearing, if the Council wishes to proceed they shall approve or deny the vacation request. If the motion is to approve, it should instruct the City Attorney to prepare a resolution to approving vacation petition as requested. Attachments: 1. Staff Report dated October 10, 2006.� Distribution: 1. City Administrator 2. City Clerk 3. City Attorney: Copy of legal description is attached 4. Applicant: This item will be considered by the Council sometime after 7:00 p.m. on Monday, October 16, 2006, in the Council/Board Chambers at the Government Center, 151 4th Street SE. COUNCIL ACTION: Motion by: second by: to: ilk i5°'s t � � e?[ f, of •7 1 �. c.?1 a. °yE a �Er•j. $ S3 Et?7}� ° :4 ski=• ? ,�s:, a yt 4 '� . � i F � • !. sya a � ! � E:t� s[aat• ��i � ;csj si ' s,fa� � .`+air'ei f...:?.i,_t{eg aala Rr t z ✓t, ,.�! $� �a �l r .5�a[ic:llii.-� lal • s ?_ ... a 3s a c_ ?�1 llilotaala�te�E�E.�� slid �l _7. ��3lly � 7 • y;, t�=yEi,�, lEay�s;! 67a, ;_:: .; 3iIEE i.;E: �E-Qpp ?s..-l:.:ie`cyt_-t 33ji• a iq c'jj� .' _ .4+�� at ?- !jj ?a! 33! ii•!7 •elF ar� ?� 1_ • ? iJ d 141 »l4l' N 00 I v ' M W 9 YS�� mm WW 12 i N • G . u 7 � s 3€ leo i .RECEIVE a L.w :,1a3a•w;ivs'33:rowna t. , a OCT 2.2DQ6 �` RQ6fiES"4-.OLAISTi ,t PLANNING DE=ARTNIE. 1v� 200 ft. Notification Area of proposed Vacation of Utility Easement located within Lot 1 Block 1 Summit Square Manor Subdivision 2, Vacation#06-13 by Timberland Partners XXXVII and VII, LLP k+ ; Z PIN: 74.23.22.021777 Council Ward. 6 (Sandra Means) Neighborhood Assoc None ` 10/03106 __ > t K W, 3 < 40 ST NW Olmsted County is not responsible f r ommissions or errorscontained herein. If discrepancies are found within this map, please notify the GIS Division, Rochester-Olmste;pCounty Planning Department, 2122 Campus Drive SE, Rochester, MN 55904, (507) 285-8232. ROCHESTER-OLMSTED PLANNING DEPARTMENT D4.RocxesTEe_MrNN�� 2122 Campus Drive SE, Suite 100 - Rochester, MN 55904-4744 0 COUNTY OF www.Dlmsledcounty.com/planning Vkp .......••'•P' TO: Rochester Common Council FROM: Theresa Fogarty, Senior Planner DATE: October 10, 2006 RE: Vacation Petition #06-13 by Timberland Partners XXXVII, LLP and VII, LLP. The applicant is proposing to vacate a utility easement located within Lot 1, Block 1, Summit Square Manor Subdivision. The easement extends north from 40'h Street NW and runs underneath the 835 401h Street NW building. City Council Meeting Date: October 16, 2006 Planning Department Review: Petitioner: Timberland Partners XXXVII, LLP and VII, LLP 8000 Norman Center Drive, #830 Minneapolis, MN 55437 Reason to Vacate: The existing easement is located under an existing building and there is no evidence of utilities within the easement. Utilities: The water main that was within this easement was abandoned in the Iatel970's with the development of this property. Referral Comments: 1. Qwest Telephone 2. RPU- Water Division Report Attachments: 1. Copy of Site 2. Location Map 3. Referral Comments (2 letters) Planning Staff Review and Recommendation: Upon reviewing comments received by the referral agencies stating no objections, if the applicant is responsible for relocation costs of any existing utilities, staff recommends approval of this vacation petition as requested vacating the utility easement located within Lot 1, Block 1 Summit Square Manor Subdivision with the following recommendation: 1. All costs associated with relocation of any existing utilities shall be the responsibility of the applicant. BUILDING CODE 5071285-8345 - GIS/ADDRESSING/MAPPING 5071285-6232 - HOUSING/HRA 507285-8224 PLANNING20NING 507/285-8232 - WELUSEPTIC 5071285-8345 FAX 507/287-2275 `fj(� AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Message Page 1 of 1 Garness Jennifer From: Schletty, Julie [Julie.Schletty@gwest.com] Sent: Tuesday, October 03, 2006 8:37 AM To: Planning Referrals Subject: FW: request for comments on Vacation Petition #06-13, by Timberland Partners XXXVII, LLP and VII, LLP Attachments: REFERRAL SENT 10-02-06 VAC 06-13.pdf Qwest does not object, as long as owner pays to relocate Qwest facilities, if needed. Julie Schletty Qwest Sr. Design Engineer ---Original Message ----- From: Garness Jennifer[mailto:garness.jennifer@CO.OLMSTED.MN.US] Sent: Monday, October 02, 2006 4:33 PM To: boberle@chartercom.com; corey.hanson@dnr.state.mn.us; dgoslee@ci.rochester.mn.us; dknott@ci.rochester.mn.us; drichardson@rpu.org; dstotz@ci.rochester.mn.us; gkellen@peoplesrec.com; Greg Rowley; Growden Randy; Harford John; jekappers@rochester.kl2.mn.us; jjmosser@charter.net; jschlet@gwest.com; justin.watkins@pca.state.mn.us; Khan Muhammad; Leslie Rivas; Mark Baker; mengle@rpu.org; mnigbur@ci.rochester.mn.us; NRClausen@wpsr.com; nstonel@email.usps.gov; rboose@ci.rochester.mn.us; Reiter Charlie; rfreese@ci.rochester.mn.us; RNRQ rdlenton@wpsr.com; rwellik@peoplesrec.com; sara.konrad@pca.state.mn.us; tspaeth@ci.rochester.mn.us; vswisher@ci.rochester.mn.us; Whetstone Bruce; Whitaker Floyd Subject: request for comments on Vacation Petition #06-13, by Timberland Partners XXXVII, LLP and VII, LLP SENT VL9 EMAIL ONLY! Comments must be submitted to our office by October I3, 2006. If you would like to send your comments via email, please email them to planning referrals anco.olmsted.mn.us. If you have any problems opening this document, please let me know. Thank you! '*Wuleir okriw° `florl��Lvo-G"�iwfed✓"�arurirrg Yepccrfiiteitf ® Email: Garness iennifer(¢co.obnsted.mn.us 4 Office: (507) 285-7049 This communication is the property of Qwest and may contain confidential or privileged information. Unauthorized use of this communication is strictly prohibited and may be unlawful. If you have received this communication in error, please immediately notify the sender by reply e-mail and destroy all copies of the communication and any attachments. owl( rpu we nlyddr. we drlCvrr October 4, 2006 Rochester -Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: Vacation Petition #06-13 by Timberland Partners XXXVII, LLP to vacate a utility easement located within Loll, Block 1 Summit Square Manor Subdivision. Dear Ms. Gayness: Our review of the referenced petition is complete and we have no objections, out comment follows: 1. The water main that was within this easement was abandoned in the late 1070's with the development of this property. Please contact us at 507-280-1500 if you have any questions. Very truly ouyours, ` 0644Aw� Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention Bureau Rochester ublic Utilities, 4000 East River Road NE, Rochester, Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 REQUEST FOR COUNCIL ACTION MEETING DATE: 10/16/06 3ENDA SECTION: ORIGINATING DEPT: ITEM NO. REPORTS AND RECOMMENDATIONS CITY CLERK F, ITEM DESCRIPTION: SOUND AMPLIFICATION REQUESTS PREPARED BY: Bethany Gerber ADDENDUM The following SOUND AMPLIFICATION REQUESTS 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. WAIVE THE MAXIMUM ALLOWABLE SOUND PRESSURE TILL 10:30 PM Craig McDonnell 928 Vegas Lane NW Rochester, MN 55901 Political Rally at the Peace Plaza 11/01/06 10:00 AM to 4:00 PM i COUNCIL ACTION REQUESTED: A motion to approve the sound amplification permits as presented. COUNCIL ACTION: Motion by: Second by: to: APPLIC,4Holy DATERECEIVED_ PERMIT t RECEIPT NU_ BER COUNCIL DATE: r A.YIOLNT PAID I � S r to ! n(n APPLICATION FOR SOUND AMPLIFICATIONPERMIT DATE OF APPLICATION: APPLICATION TO BE SUBMITTED AT LEAST 30 DAYS IN ADVANCE OF EVENT TO: CITY CLERK'S OFFICE, 201 4'H ST. SE, ROCHESTER, NIN. 55904 APPLICANT INFORMATION NAME yOF APPLICANT/RESPONSIBLE PARTY: O ADDRESS: 57-81 l,�rea5 1 �'ec�crL r^� RJ Sf I J DATE OF BIRTH: T/// / /9S 3 HOME TELEPHONE NUMBER: CELL PHONE NUMBER: 56 - 6 F( FS/$ NAME OF ORGANIZATION:_ 4 4�1 `C1 cat ADDRESS: L?O TELEPHONE NUMBER: j t om- - 3fi S 3 8 CONTACT PERSON IIVFORNLATION CONTACT PERSON DURING EVENT: L g i . r -.l � k { +r �dnn f l M (FlUr) (MIDDLE) (LAST) HOME ADDRESS: 7 Z b u, c s L /✓1 t 1 s }ij /Y] n/ >> 9�� DATE OF BIRTH: TELEPHONE NUMBER: CELL PHONE NUMBER: p pEVE1NT12STORNLAXION PURPOSE OF EVENT:_ DATE(S) OF EVENT: PJc vtn $ ! s} 7136( DAY(S) OF WEEK: LOCATION OF SPECIAL EVENT: 1 Ccr r F /< a DESCRIPTION OF ENTERTAINMENT TO BE PROVIDED: r r MA)MdUM NUMBER OF PEOPLE WHO WILL BE PERMITTED TO BE IN ATTENDANCE ON ANY PARTICULAR DAY HOW WILL ATTENDANCE BE LIMITED TO THE NUMBER OF PEOPLE INDICATED START TIME: END TIME: to 1. ATTACH A SKETCH, SITE PLAN; STAGE PLOT OR OTHER DESCRIPTION OF THE LAND AND PREMISES TO BE USED FOR THE EVENT FOR WHICH THE PERMIT IS SOUGHT. BE SPECIFIC AS TO THE PLACEMENT OF SOUND SYSTEM SPEAKERS AND THE DIRCTION THE SOUND WILL TRAVEL. 2. PROVIDE A DESCRIPTION OF THE FACILITIES AND ARRANGEMENTS TO BE IMPLEMENTED FOR THE HANDLING OF FOOD, MEDICAL NEEDS, SANITATION, FIRE SERVICES, GARBAGE DISPOSAL, AND SECURITY INCLUDING CROWD CONTROL AND TRAFFIC CONTROL (Use Additional Sheet If Necessary)) ATTACH A WRITTEN STATEMENT FROM THE CHIEF OF POLICE OR THE CHIEF'S DESIGNEE STATING THAT, IN THE CHIEF'S OPINION, APPROPRIATE ARRANGEMENTS HAVE BEEN MADE TO PROVIDE ADEQUATE SECURITY AND POLICE PROTECTION FOR THE EVENT FOR WHICH THE PERMIT IS SOUGHT INCLUDE CROWD CONTROL, TRAFFIC CONTROL AND POLICE PROTECTION FOR ADJACENT PROPERTY OWNERS. PROVIDE THE MEANS AND METHODS PROPOSED BY THE APPLICANT TO PREVENT NOISE FROM THE EVENT FROM UNREASONABLY DISTURBING THOSE PERSONS WHO LIVE OR WORK IN THE VICINITY OF THE EVENT. (Use Additional Sheet IfNecessary) 5. APPLICANT REQUESTS THE COUNCIL TO IMPOSE THE FOLLOWING SOUND LIMITATION (Check One) MAXIMUM ALLOWABLE SOUND PRESSURE LEVEL NO MORE THAN 85 DECIBELS MEASURED AT THE PROPERTY LINE OR VENUE BOUNDARY. WAIVE THE MAXIMUM ALLOWABLE SOUND PRESSURE LEVEL AND REQUIRE THE AMPLIFIED SOUND TO TERMINATE NO LATER THAN 1030 P.M. The Applicant hereby agrees that a copy of Rochester Code of Ordinances 117 has been provided with the application and that the Applicant has read and does understand the regulations found within the Ordinance, and does intend to comply with the regulations found within the Ordinance and any conditions of approval imposed upon the permit that might be granted in response to his application. Signature of Applicant PERMIT FEE: S25.00 YOU WILL NEED TO CHECK WITH THE PARK DEPARTMENT AT 281-6160 TO OBTAIN THE REQUIRED PARK DEPARTMENT PERMITS IF YOU ARE HOLDING YOUR VENUE ON PARK DEPARTMENT PROPERTY. PARK DEPARTMENT. - COMMENTS: POLICE DEPARTMENT.• COMMENTS: FOR ADMINISTRATION USE ONLY (SIGNATURE) LCTCAIA TTTD D4 FIRE DEPARTMENT.• COMMENTS: (SIGNATURE) PLA.NNIIVG DEPARTMENT.• COMMENTS: (SIGNATURE) CITY CLERKAPPROVAL: RIGHTS OF SUBJECTS OF GOVERNMENT DATA 7ENNESSEN WARNING" In accordance with the Minnesota Government Data Practices Act, the City ofrochester is required to inform you ofyour rights as they pertain to the information collected about you Public information is that information which is available to the general public; Private information is that information which is available to you, not to the public: and confidential information is that information which is not available to you or the public. The information we collect from you is either public or private. The separation of that information is as follows: PUBLIC - NAMEAND ADDRESS OFAPPLICANT(S) PRIVATE - ALL OTHER INFORMATION COLLECTED AT THE TIME OF APPLICATION; ALL INFORMATIONBECOMESPUBLICAFTER APPROVAL OF THE APPLICATION The information collected and required from you is to determine your eligibilityfor a City of Rochester regulatory license. Ifyou do not supply the required information, the City ofrochester will not be able to determine your eligilibitity. The dissemination and use of the private data we collect is limited to that necessary for the administration and management of regulatory licenses. Persons or agencies with whom this information may be shared include: CITYAND COUA77PEBSOAWEL INVOLVED INDETERM]AWG YOUR ELIGLBHJ77 CTTYCOUNCILMEMBERSTOAPPROVETHEAPPLICATION, CONTRACTED PUBLICAUDITORSANDTHOSEINDIYIDUALSTO wHOMYOUGIVEYOUR EMPRESS WRI77E'NPERMZSSION. Unless otherwise authorized by state statute or federal law, other government agencies utilizing the reported private data must also treat the information private. You may wish to exercise your rights as contained in the Minnesota Government Data Practices Act. These rights include: THE RIGHT TO SEE AND OBTAIN COPIES OFTHE DATA MAINTAINED ONYOU. THE RIGHT TO BE TOLD THE CONTENTS AND MFAMNG OF THE DATA THE RIGHT TO CONTEST THE ACCURACYAND COMPLETENESS OF THE DATA. To exercise these rights, contact the City Clerk's Office, Room.135, City Halo Rochester, Mn. 55904 IHAVEREADAND UNDERSTAND THE ABOYEINFORMATIONREGARDING MYRIGHTSASA SUBJECT OF GOVERNMENT DATA. nature of Data Subject) (Date) White Copy - city Clerk's Office Buff Copy -Applicant REQUEST FOR COUNCIL ACTION 3ENDA SECTION: ESOLUTIONS AND ORDINANCES ITEM DESCRIPTION: RESOLUTIONS AND ORDINANCES G. 1 ORIGINATING DEPT: CITY ATTORNEYS OFFICE G. 2. FIRST READING OF ORDINANCES, as appropriate. G. 3. SECOND READING OF ORDINANCES (for adoption). MEETING )7d6/ DATE: 10/16/06 G TERRY L. ADKINS (ia) An Ordinance Amending And Reenacting Section 125A.21 Of The Rochester Code Of Ordinances, r Relating To The Permissible Hours Of Sales And Consumption Of Alcoholic Beverages. G.4. MISCELLANEOUS COUNCIL ACTION: Motion by: Second by: to: