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HomeMy WebLinkAbout4.a. Approval of the March 26, 2013 Regular Meeting Minutesqt el. PLANNING COMMISSION REGULAR MEETING MINUTES MARCH 26, 2013 PAGE 1 Call to Order: Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, March 26, 2013. Chairperson Powell called the meeting to order at 6:30p.m. with Commissioners Miller, Husain, DiNella and Weber present. Also in attendance were Senior Planner Zweber, Project Engineer Olson and Recording Secretary Hanson. The Pledge of Allegiance was read. Additions to Agenda: None. Audience Input: Myron Napper, 3381 145th Street East, came with a petition against Flint Hills Refinery regarding the possibility of the refinery opening up wells near the river to pipe water from the Mississippi River for cooling their towers. Senior Planner Zweber stated that staff would look into the matter. Consent Agenda: a. Approval of the February 26, 2013, Regular Meeting Minutes b. Approval of the February 26, 2013, Work Session Meeting Minutes MOTION by Weber to approve the Consent Agenda. Second by Miller. Ayes: 5. Nays: 0. Motion approved. Public Hearing: None. Old Business: None. New Business: 7.a. Request for Final Plat and Minor Planned Unit Development Amendment for Prestwick Place 8th Addition (13- 13 -FP). Senior Planner Zweber stated that the applicant, D. R. Horton has submitted an application for approval of a Final Plat for approximately 11 acres located directly west of Akron Avenue (County Road 73) and north of Connemara Trail. The development, named Prestwick Place 8th, is the fourth phase for DR Horton and creates 33 single family lots with a minimum lot width of 65 feet. Commissioner Miller asked who would be responsible for maintaining the landscaping installed on each lot and if it was the individual lot owner, whether or not there was some assurance that maintenance would continue. Mr. Zweber stated that there will not be an association in this neighborhood and so any landscaping and trees installed on private lots will be the responsibility of the property owner. He further stated that the City's ordinance contains provisions regarding removal of dead trees or trees within the sight triangle, but no other language regarding the maintenance of boulevard trees. City staff responds to these situations on a complaint basis and are usually able to work with the homeowner to come to a solution. Commissioner Husain asked who would be responsible for building the fences referenced in Condition #3. Mr. Zweber responded that the fences mentioned in Condition #3 would be built by the individual property owner but they aren't required to build them, only if they build a fence is required to be placed behind the landscaping. PLANNING COMMISSION REGULAR MEETING MINUTES MARCH 26, 2013 PAGE 2 Chairperson Powell asked for the reasoning behind obtaining a drainage easement over all of Oudot A when it will need to be vacated. Project Engineer Olson stated that a blanket easement over the whole area avoids the need to obtain additional smaller easements over each of the ends of the property to insure access in the event of drainage issues. Chairperson Powell asked if there has been any difficulty obtaining the permits from Northern Natural Gas (NNG). Mr. Olson referred the question to the applicant for more information. The applicant, Mike Suel, D.R. Horton, stated they have talked with NNG about the crossings and after they receive the construction plans from the City, they will submit their application and should have the permit in 3 -4 weeks. MOTION by Weber to recommend that the City Council approve the Prestwick Place 8`h Addition Final Plat, subject to the following conditions: 1. Trees installed on individual lots shall be planted in a location that does not interfere with curb stops or individual sewer or water connections. 2. A letter of credit in the value of $10,120 as a landscaping security (46 trees x $200 /tree x 110 %). 3. Fences on lots adjacent to Connemara Trail shall be constructed so that proposed landscaping is visible to the public, outside the fence and between the fence and Connemara Trail right -of -way. 4. Compliance with the conditions and standards within the City Engineer's Memorandum dated March 20, 2013. 5. Payment of fee -in -lieu of park dedication at the time of building permit issuance at the rate established by the City Council at the time of building permit issuance. Second by Husain. Ayes: 5. Nays: None. Motion approved. 7.b. Adult Use Ordinance Text Amendment (13- 10 -TA). Senior Planner Zweber stated staff has initiated a review and amendment to the Rosemount Zoning Ordinance regarding adult uses. Staff is proposing to remove adult uses from the HI: Heavy Industrial zoning district and add language that would require adult uses to be located north of County Road 42 (CSAH 42) in addition to being located east of Akron Avenue. Staff is planning to publish for a public hearing to be held on April 23 for the ordinance amendments pending discussion by the Commission tonight. Commissioner Miller asked for clarification on why the use is being removed from the HI district and why only east of Akron Avenue. Mr. Zweber stated that within the HI zoning district standards, there is a minimum requirement of 25 acres in order to be zoned HI. Mr. Zweber stated that requiring a business to purchase 25 acres for a couple thousand square foot building would probably be unenforceable. Also, Mr. Zweber that since the adult use ordinance was created in 1989, it has stated east of Akron Avenue mainly for the proximity to residential areas. Commissioner Weber expressed concern with the access constraints along Highway 52 and the visibility of an adult use business right next to the highway. Mr. Zweber stated that the access constraints would be the same for any other business trying to locate there and the aesthetic requirements would also be the same; same sign requirements, same building material requirements as other businesses. PLANNING COMMISSION REGULAR MEETING MINUTES MARCH 26, 2013 PAGE 3 Commissioner Husain asked if the City had received any applications for an adult use business and Mr. Zweber replied that the reason staff brought this item to the Commission was because the City was contacted by an appraiser working for MnDOT on the adult use establishment in Cannon Falls. Reports: Mr. Zweber stated that the Planning Commission agenda for the meeting on April 23 will include the UMore AUAR and a public hearing for the adult use ordinance. Mr. Zweber also stated that upcoming planning projects for this summer and fall will include planning on the South Gateway district which the City received a grant from Dakota County and update the small scale mineral extraction ordinance. Chairperson Powell acknowledged that tonight was Commissioner DiNella's last meeting and thanked him for his service. Adjournment: There being no further business to come before this Commission, Chairperson Powell adjourned the meeting at 7:27p.m. Respectfully Submitted, Kathie Hanson, Recording Secretary