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HomeMy WebLinkAbout4.a. Approval of the March 27, 2012 Regular Meeting Minutes PLANNING COMMISSION REGULAR MEETING MINUTES MARCH 27, 2012 PAGE 1 Call to Order: Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, March 27, 2012. Chairperson Powell called the meeting to order at 6:30p.m. with Commissioners Demuth, Weber, Miller, DiNella, and Ege present. Commissioner Irving was absent. Also in attendance were City Attorney LeFevere, Community Development Director Lindquist, Senior Planner Zweber, City Planner Lindahl, Project Engineer Olson and Recording Secretary Hanson. Parks and Recreation Director Schultz arrived later. The Pledge of Allegiance was read. Additions to Agenda: None. Audience Input: None. Consent Agenda: a. Approval of the February 28, 2012, Regular Meeting Minutes b. Approval of the March 13, 2012, Regular Meeting Minutes c. Approval of the March 13, 2012, Work Session Meeting Minutes MOTION by Ege to approve the Consent Agenda. Second by DiNella. Ayes: 6. Nays: None. Motion approved. Public Hearings: 5.a. Public and Institutional Zoning Ordinance Text Amendment (10- 13 -TA). Staff initiated text amendment amending sections of the Zoning Ordinance relating to public and institutional uses such as churches and schools. This is a continuation of the public hearing opened at the February 28, 2012, Planning Commission meeting and continued to the March 27, 2012 meeting. Planner Lindahl stated that the rezoning of the parks as previously discussed has been removed from the item and any motion made at this meeting will not affect the current zoning classifications of the city parks. Mr. Lindahl further reviewed the staff report. Commissioner Miller asked staff to more specifically clarify which sections are being rezoned and asked why certain areas are being zoned low density when the surrounding area is not zoned low density such as the library. Mr. Lindahl reviewed on the map the areas in question. The public hearing was re- opened at 6:39p.m. Scott Rogers, 14110 Cobbler Avenue, Shannon Elementary, asked if the zoning classification of the park area around Shannon Park Elementary school will remain the same. Mr. Lindahl replied that the park area will remain as public and institutional, but the school property itself will change to the residential zoning. Kathy Klonecky, 15621 Cornell Trail, stated the proposed change is not consistent with the practices of surrounding cities and asked why the change was needed. She wondered if the City was planning on taking property by eminent domain or possibly building a new high school. She stated the Community Center and DCTC are exempt from regulations regardless of the zoning. She suggested the City incorporate higher performance standards within the public and institutional zoning designation if that is the intent of the proposed change. There were no further public comments. PLANNING COMMISSION REGULAR MEETING MINUTES MARCH 27, 2012 PAGE 2 MOTION by DiNella to close the public hearing. Second by Ege. Ayes: 6. Nays: None. Motion approved. Public hearing was closed at 6:50p.m. In response to Ms. Klonecky's questions, City Attorney LeFevere explained the reason to propose the changes and provided clarification of the benefits of changing the zoning the properties from Public and Institutional. Mr. LeFevere also clarified that the zoning designation does not affect the eminent domain process and churches are not exempt from eminent domain. He further stated that the Community Center is city owned property and the City is subject to its own zoning code as other property owners. Mr. LeFevere stated there are questions about the extent to which cities can regulate state owned facilities such as DCTC and in most cases, the issue is generally negotiated between the parties before needing court involvement. Commissioner Miller asked when the conditional use permit standards become required of the properties being rezoned to residential. Mr. Lindahl stated that properties are grandfathered as non- conforming uses and the new standards would only begin if the landowners wanted to make improvements or expansions to the property. Mr. LeFevere explained the grandfather rule to the Commissioners. Commissioner DiNella stated he lived in Eagan at the time the golf course in question was in court proceedings with the city due to the zoning classification. City Attorney LeFevere and Community Development Director Lindquist gave a clarification of the situation which was the basis for the City's initiation of the zoning changes. Ms. Lindquist clarified that the new proposed ordinance changes the zoning of the all involved properties regardless of the zoning classifications such as R1, R1A, or DT. Mr. Lindahl added that staff has had several discussions with the private property owners and all have agreed to the current proposal. Commissioner Demuth asked for an explanation of Motion #3, changes to the sign ordinance. Mr. Lindahl explained the changes to the sign ordinance. Commissioner Miller asked for assurance that the requirements in the first motion would not hinder handicapped access or standards. Mr. Lindahl stated that ADA requirements would override the City's performance standards. MOTION by Powell to recommend the City Council approve the five following items: 1. The attached draft ordinance revising and updating Section 11 -4 -18, the P/I Public and Institutional District relating to uses and performance standards; 2. The attached draft ordinance revising and updating the Residential sections of the City Code relating performance standards for public and institutional uses; 3. The attached draft ordinance revising and updating the Sign Ordinance section of the City Code relating sign standards for public and institutional uses; 4. Re- guiding selected public and institutional properties to the appropriate land use category as detailed in the attach draft resolution, subject to approval by the Metropolitan Council; and 5. The attached draft ordinance rezoning selected public and institutional uses from P/I Public Institutional to the appropriate zoning category as detailed in the attached draft ordinance. PLANNING COMMISSION REGULAR MEETING MINUTES MARCH 27, 2012 PAGE 3 Second by Miller. Ayes: 6. Nays: None. Motion approved. Mr. Lindahl stated this item will go before the City Council for approval at their regular meeting on April 17, 2012. 5.b. Dakota Aggregates Request for Ordinance Text Amendment to Allow Large Scale Mining (12- 02 Dakota Aggregates has submitted a request for an amendment to Section 11 -10 -4 of the zoning ordinance to allow mining in an area of Rosemount located west of Akron Avenue and south of County Road 42 which is currently not allowed so as not to interfere with orderly growth and expansion of public utilities. This is a continuation of the public hearing opened at the February 28, 2012, Planning Commission meeting and continued to the March 27, 2012 meeting. Senior Planner Zweber reviewed the staff report and explained the changes made since the February 28 meeting and how the public comments were addressed. City Attorney LeFevere explained why the area should not be zoned industrial rather than remaining agricultural. Mr. LeFevere also addressed the issue of the extension of streets and utilities into the mining area. The public hearing was re- opened at 7:52p.m. Myron Napper, 3381 145t Street East, stated he spoke at a previous meeting about the safety hazard of increased traffic on the County Road 42 and Highway 52 infrastructure and asked when it will be addressed. He stated he is in favor of the mining. There were no further public comments. MOTION by Ege to close the public hearing. Second by Miller. Ayes: 6. Nays: None. Motion approved. Public hearing was closed at 7:57p.m. In response to the question about the interchange improvements, Community Development Director stated that the county had applied for State funding for the interchange and it scored too low to qualify. Chairperson Powell confirmed that the project does not score well regionally compared to other projects applying for funding. Commissioner Miller asked if the traffic patterns will be discussed in the permitting process and Mr. Zweber stated that the traffic plan can be reevaluated at that time. Commissioner Demuth stated she had submitted two pages of change and that only one of the changes had been approved so she will not be able to vote in favor of this item. Chairperson Powell asked staff to discuss the letter received from Dakota County and Commissioner Demuth's requested changes. Mr. Zweber stated many of the suggested changes are specific in nature and would be more appropriate to discuss incorporating at the permitting process. He also stated that some of Commissioner Demuth's changes are similar or the same as the County's regulations and while staff agrees that the County regulations should be followed and their ordinances can be sited within the ordinance, the specific language does not have to be stated in the ordinance. Mr. Zweber stated that Commissioner Demuth has requested the current County definition of clean fill be adopted, while the County letter requests a definition of clean fill that5 is proposed within a draft County Ordinance amendment. Mr. Zweber stated that if our ordinace says that the County regulations need to be followed, then our ordinance would not need to be amended if the County PLANNING COMMISSION REGULAR MEETING MINUTES MARCH 27, 2012 PAGE 4 amended their regulations. Mr. Zweber further stated that the applicant's groundwater monitoring plan will be reviewed in more detail during the permitting process. Commissioner Demuth stated there needs to a timeline when the groundwater monitoring plan is to be submitted; she would like more language regarding the groundwater monitoring plan; and reclamation should include enough top soil to accommodate the growth of crops. Commissioner Miller stressed the importance of including control in the ordinance over groundwater connectivity which could occur in a large scale mining operation. Chairperson Powell stated that while he appreciated Commissioner Demuth's concerns, he felt staff has strived to meet all of the issues raised. He further stated he is familiar with mining sites and reclamation plans and has never seen a three foot requirement for top soil. MOTION by Powell to recommend the City Council Adopt an Ordinance Relating to Large Scale Mineral Extraction; Amending Rosemount City Code, Sections 11 -1 -4, 11 -4 -1 and 11 -10 -4 and Adding New Section 11- 10 -4 -1. Second by Ege. Ayes: 3. Nays: Demuth, Miller, DiNella. Motion was not approved with a 3 -3 vote. Chairperson Powell asked the commissioners who voted against the motion to share their reasons. Commissioner Miller stated he is looking for language in the ordinance that holds the applicant accountable at the permitting process for the requirements in the ordinance. Mr. Zweber stated that the Commission can deny a permit if the applicant does not meet the ordinance requirements. Commissioner Miller added that any operation that impacts the groundwater needs to be addressed early in the ordinance. Mr. Zweber clarified the difference between and ordinance and a permit and stated that the ordinance requires an EIS and describes all regulations that the applicant needs to meet. During the permitting process, specific issues are examined and evaluated whether or not the applicant is following the ordinance regulations. If the applicant does not meet those requirements, Mr. Zweber further stated that the Commission can then deny the permit. Mr. Lindquist clarified that the EIS has already been performed and asked Commissioner Miller what specific language he would like to see in the ordinance. It was decided that language should be included in the ordinance that states that the issues raised through the EIS will be properly evaluated and can be used as the basis for additional permit conditions associated with the permit issuance. Chairperson Powell asked staff if the item should be tabled to give staff time to incorporate language into the ordinance that addresses the commissioners' concerns. Commissioner Ege stressed that she would not want these actions to be precedent setting based on the new language being proposed about the EIS. Ms. Lindquist made the assurance that each permit would stand alone with similar requirements to meet but each separate situation would be addressed. MOTION by Powell to continue the item to the April 24, 2012, Planning Commission meeting. PLANNING COMMISSION REGULAR MEETING MINUTES MARCH 27, 2012 PAGE 5 Second by Weber. Commissioner Demuth stated she still has other concerns that have not been addressed. Chairperson Powell instructed Commissioner Demuth to meet with staff individually and he will inquire at the next meeting if her concerns were met. Ayes: 6. Nays: None. Motion was approved. The item was tabled to the April 24, 2012 Planning Commission meeting. 5.c. SKB Environmental Request for Mineral Extraction Permit Renewal for 2012 (12 04 ME). Planner Lindahl reviewed the staff report stating the applicant, SKB Environmental, Inc., requests renewal of their existing mineral extraction permit for the properties located at 4992 145 Street East. The subject properties are owned by Otto Ped and Grace Kuznia and located approximately 1 '/a miles east of US Highway 52 and south of CSAH 42. After reviewing the mineral extraction standards in Section 11 -10 -4 of the Zoning Ordinance, the information submitted by the applicant and City Police records staff recommends approval of this request. Commissioner Weber asked if there were any concerns with the traffic on the shared access with Danner. Staff replied that the property owners have a separate access agreement that was agreed to in the past and there haven't been any incidents. Commissioner Demuth stated the permit requires no less than two inches of top soil in the reclamation and wondered how that amount was decided on. Senior Planner Zweber stated that the two inch top soil requirement is determined by the ordinance which was adopted several years ago. He stated that if the applicant wishes to supply more than two inches, staff encourages it but can't require it. Commissioner Demuth stated that usually six inches of top soil are required to grow grass and asked if the Commission could increase the required amount. Chairperson Powell asked if the Commission had the ability to require more top soil inches in the permit and City Attorney LeFevere confirmed that it did but that the condition should be similar with other permits of similar uses. Commissioner Ege asked if other mining permits had been approved already and stated that increasing the requirement for one company would be precedent setting; it should be done for all permits. Mr. Zweber stated that there are currently four active mining operations and the City has already approved permit renewals for 2012 for three of the companies. If the Commission wishes to increase the top soil requirement, Mr. Zweber stated that it would be best to wait for the permit renewals for 2013. It was suggested to review the small scale mining ordinance over the coming year. The public hearing was opened at 8:39p.m. Rick O'Gara, SKB Environmental, approached the Commission and stated that SKB volunteered to put three inches of top soil for reclamation. He stated there is currently very little top soil on the site and in order to get to six inches, SKB would be required to have extra top soil shipped in which would be a considerable expense. Myron Napper, 3381 145t Street East, stated he knows the landowner, Otto Ped, and is familiar with the land since the mining operation began. He stated the lack of top soil currently on the site is due to its removal by Ames Construction for the Hampton overpass when it was constructed and he feels it should be Ames Construction to pay for additional top soil, not SKB. PLANNING COMMISSION REGULAR MEETING MINUTES MARCH 27, 2012 PAGE 6 There were no further public comments. MOTION by DiNella to close the public hearing. Second by Miller. Ayes: 6. Nays: None. Motion approved. Public hearing was closed at 8:44p.m. Chairperson Powell stated that since there have already been three permit renewals for 2012 with the current top soil requirements, the Commission should not make any changes on this renewal. He suggested reviewing the ordinance before revising the standards to make it fair for all companies. MOTION by Miller to recommend the City Council renew the SKB Environmental, Inc. Mineral Extraction Permit for 2012, subject to the terms and conditions in the attached 2012 Draft Conditions for Mineral Extraction. Second by Ege. Ayes: 6. Nays: None. Motion approved. Mr. Lindahl stated this item will go before the City Council for approval at their regular meeting on April 17, 2012. Commissioner Ege asked when the Commission will have the opportunity to review the mining ordinance. Mr. Zweber stated that if the Commission wishes to revise the ordinance, it should be completed by October before the permit renewals for 2013 are submitted. Commissioner Ege stated she feels the affected companies should be contacted to consult with before making any revisions to the ordinance and that although the Commission has the right to amend the ordinance, it doesn't mean it would be wise to do so. Commissioner Weber asked how other mining companies have reclaimed their mining sites so far, with respect to top soil. Mr. Zweber replied that the Schafer Contracting mine is the only one staff has been involved with in any reclamation. Other mines have not completed any reclamation on their sites yet. 5.d. Site Plan Review for UMore Ballfields (12 05 SP). Senior Planner Zweber reviewed the staff reports stating the City is planning a five ball field athletic complex on the approximately 28 acres property pre dedicated by the University of Minnesota. The ultimate athletic complex would include four little league /softball fields and one high school /collegiate baseball field. The first phase of development is proposed to be two little league /softball fields and an 84 stall parking lot. Staff is requesting that the Planning Commission approve the entire athletic complex that would include all five fields, the overall parking lot and accessory facilities. Commissioner Miller asked staff for more detail on the grading and potential of contamination on the site particularly asbestos. Mr. Zweber responded that there was an environmental review completed before the City acquired the property which included borings that confirmed that there was no contamination on the property. Parks and Recreation Director Schultz added that there was a Phase 1 Environmental Review and limited Phase 2 investigation completed on the property in 2009 which is more testing than what is usually done on park projects. He stated additional test trenches were also conducted on the site and reviewed by Barr Engineering who stated there was no contamination found. Mr. Schultz stated that there will be 11 inches of top sand mix placed on the athletic fields and 6 inches of top soil placed on the other play areas. Commissioner Demuth asked how early kids would be playing on the fields. Mr. Schultz responded that the earliest kids will play on the fields will be fall of 2013 or spring of 2014. PLANNING COMMISSION REGULAR MEETING MINUTES MARCH 27, 2012 PAGE 7 The public hearing was opened at 9:07p.m. Myron Napper, 3381 145 Street East, stated that the proposed area is next to contaminated property where there were incinerators used to burn waste. Commissioner Demuth asked if there will be any type of fencing along the south line of the ballfields to prevent people from gaining access to the contaminated site. She also stated there is a stockpile of contaminated soil that was scraped off of the DCTC ballfields still sitting within close proximity of the proposed ballfield area, and asked staff if they had any information on when it would be removed. There were no further public comments. MOTION by Ege to close the public hearing. Second by Demuth. Ayes: 6. Nays: None. Motion approved. Public hearing was closed at 9:18p.m. Chairperson Powell asked staff if they had any information regarding the stockpiled contaminated soil. Mr. Zweber showed on the aerial the location of the stockpile and stated he spoke with Dakota County who spoke with DCTC and informed them that leaving the stockpile would require a variance from the PCA or it would have to be hauled off site. Mr. Zweber stated he did not know of the outcome of that conversation between Dakota County and DCTC. Commissioner Demuth asked if staff received a letter from the PCA regarding the testing done on the site and if not, stated staff should request one. Mr. Schultz said he did not receive any PCA correspondence but they did approve the demolition of the buildings on the site. City Attorney LeFevere stated the PCA does not usually send a letter unless there is contamination to report. Commissioner Demuth stated she would like to know what contaminants were tested for on the site. Commissioner Miller stated he would not be able to vote in favor of this item until he had a chance to review the environmental reports. MOTION by Miller to continue the approval of the site plan for the UMore Athletics Complex to the Planning Commission regular meeting on April 24, 2012. Second by Ege. Ayes: 6. Nays: None. Motion approved. Item is continued to April 24, 2012. Commissioner Miller stated that the EPA should be consulted also, not only the PCA, regarding the superfund investigation to see if the uses stated within the report are consistent with a ballfield. City Attorney LeFevere stated that he would expect that the reports conducted by Barr Engineering would include a review of any previous investigations. Commissioner Miller confirmed that he would like to review the Phase 1 and Phase 2 reports. Commissioner DiNella stated that he is confident with staff and the reported findings of Barr Engineering. Old Business: None. New Business: 7.a. Review of UMore AUAR Scenarios. Senior Planner Zweber reviewed the staff report stating the City of Rosemount, Empire Township, and the University of Minnesota are cooperating on an alternative urban areawide review (AUAR) for the 5,000 acre UMore Park. The first step in the AUAR process is developing the various land use scenarios that will be evaluated. Three scenarios PLANNING COMMISSION REGULAR MEETING MINUTES MARCH 27, 2012 PAGE 8 have been developed and the Planning Commission is being asked to review them and provide any comments that the City Council should consider. Mr. Zweber reviewed each scenario for the Commissioners and reviewed the projected schedule. Commissioner Demuth asked if the scenarios in any way relate to the known environmental concerns of the property. Mr. Zweber replied that they do not directly but it will be addressd within the AUAR. Chairperson Powell stated he preferred the scenarios with the higher business development. Reports: Chairperson Powell asked for an update on the construction of the new McDonalds. Mr. Zweber stated that McDonalds has submitted a building permit and a demo permit to the PCA and staff is expecting demolition to begin on April 2 with construction to be complete toward the end of June. Adjournment: There being no further business to come before this Commission, Chairperson Powell adjourned the meeting at 9:55p.m. Respectfully Submitted, Kathie Hanson, Recording Secretary