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HomeMy WebLinkAboutMinutes 20150428 PCM RM PLANNING COMMISSION REGULAR MEETING MINUTES April 28, 2015 PAGE 1 Call to Order: Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, April 28, 2015. Chair Miller called the meeting to order at 6:30 p.m. with Commissioners Kenninger, Kurle, Forster, Henrie, Freeman, and VanderWiel. Also in attendance were Senior Planner Zweber, Planner Lindahl, Community Development Director Lindquist, Mayor Droste, and Recording Secretary Roudebush. The Pledge of Allegiance was said. Oath of Office gave the oaths of office to Mayor Droste commissioners Brandon Henrie, Pamela : VanderWiel, and Gretchen Freeman. Election of Chair and Vice Chair: Chair Miller asked for nominations of Chair. Vice Chair Kenninger nominated Miller for the position of Chairperson. There were no further nominations. MOTION by Miller to elect Commissioner Miller by unanimous consent to the position of Chairperson. Second by Kenninger. Ayes: 7. Nays: 0. Motion approved. Commissioner Miller is reappointed as Chairperson. Commissioner Miller asked for nominations of Vice Chair. Commissioner Kurle nominated Commissioner Kenninger. There were no further nominations. MOTION by Miller to elect Commissioner Kenninger by unanimous consent to the position of Vice Chair. Second by Forster. Ayes: 7. Nays: 0. Motion approved. Commissioner Kenninger is reappointed as Vice Chairperson. Additions to Agenda: None Audience Input: None PLANNING COMMISSION REGULAR MEETING MINUTES April 28, 2015 PAGE 2 Consent Agenda: a.Approval of the April 2, 2015 Meeting Minutes MOTION by Forester Second by Kenninger Ayes: 6. Nays: 0. Motion Passed. Commissioner Miller abstained, he was absent. b.Approval of the April 14, 2015 Meeting Minutes One correction on page 2, second paragraph, last word replace spots with needs. MOTION by Forester Second by VanderWiel Ayes: 7. Nays: 0. Motion Passed. Public Hearing: RECESS REGULAR PLANNING COMMISSION MEETING AND OPEN BOARD OF APPEALS AND ADJUSTMENTS MEETING 5.a. Request by Eric Larson to Allow a Variance From Rosemount Zoning Ordinance 11-5-2.C (15-14-V) Planner Lindahl summarized his report for the Planning Commission. Commissioner Kurle confirmed that the patio door is located on the upper level. The public hearing was opened at 6:47 pm. Public comments: Eric Larson, the applicant, was on hand to answer any questions. MOTION by Miller to close the public hearing. Second by Kenninger. Ayes: 7. Nays: 0. Motion Passes. The public hearing was closed at 6:48 pm. Additional Comments: None Motion by Kenninger to approve a 6’ street side yard setback variance to allow construction of a 12’ by 19’ deck on the property located at 2645 148th Street West, subject to the following condition: 1.Approval of a building permit. PLANNING COMMISSION REGULAR MEETING MINUTES April 28, 2015 PAGE 3 2.Conformance with the attached survey and deck plans. Second by Kurle Ayes: 7 Nays: 0 Motion approved. Planner Lindahl reminded the Commission that they are the authority body over a variance and that there is a 10 day appeal process, if there are no appeals at that time the applicant can apply for a building permit. Motion by Kenninger to recess Board of Appeals and Adjustment and Re-Convene the Regular Planning Commission Meeting. Second by Kurle and VanderWeil Ayes: 7 Nays: 0 Motion approved. RECESS BOARD OF APPEALS AND ADJUSTMENT MEETING AND RE-CONVENE REGULAR PLANNING COMMISSION MEETING. 5.b. Request by Marcus Theaters for a Conditional Use Permit to Add Two Additional Screens (15-12-CUP) Senior Planner Zweber summarized his report for the Planning Commission. Commissioner VanderWiel inquired if a theater is a conditional use in C-4 zoning. Zweber stated that theaters are a permitted use in C-4. VanderWiel also inquired if theaters have a separate standard than industrial buildings in regards to height maximums. Zweber stated that the building height standard is the same for all of C-4 uses. Commissioner Kenninger confirmed that the coloring for front and side panels will be the tricolor panels. She also inquired about the sign, Zweber stated that signs are an administrative authority to staff and they will make sure they stay within the standards. Kenninger also inquired if staff will see a new proposal on the tri-color panels before it is approved by council. Zweber stated that the proposed panels are painted one shade of beige and a recommended condition of approval requires the new panels to match the current façade. Chair Miller stated that when looking at the drawing it appears there is a white horizontal band as an architectural feature. He wondered if the recommendation should include painting the stripe in the design. Zweber stated that the white band is the sign panels on the south façade and wouldn’t recommend the sign to follow around onto the east side. Zweber recommended that the Commission can amend the condition to follow what the Commission believes is best. Miller also inquired where the trees are going to be located. Zweber stated that if they go with the ground coverage then they would be placed along the side of the building. If they choose trees, the plan would need to be submitted before it goes to City Council. Miller feels it looks spars on Hwy 3 and suggested that they be planted along Hwy 3 frontage. Zweber stated that if that is where the PLANNING COMMISSION REGULAR MEETING MINUTES April 28, 2015 PAGE 4 Commission wants them, then they need to amend the condition of item 5 to state the placement of the seven trees. Commissioner Forster inquired about the egress plan. Zweber stated that the ramps will tie into the existing sidewalks. Commissioner Freeman inquired if there any requirements for storm shelters. Zweber stated that is not aware of the requirement but maybe the architect knows the answer. Staff will consult the City’s Building Official and will get an answer before the council meeting. Chair Miller inquired if the Fire Marshall reviewed the plan. Zweber stated the Fire Marshall is agreeable to the current plan. The public hearing was opened at 7:11 pm. Public comments: Charles Thompson, 15312 Chili Ct, stated he is in favor of the expansion and neighbors felt the same. Patrick Carpenter, TK Architect, spoke in reference to condition #4 regarding the exterior finish of the concrete panels. He stated that new auditoriums are a new plan and that Marcus wants a different look to differentiate the new auditoriums with a smoother panel with textured paint. Miller inquired about retrofitting the existing facade to match the new. Carpenter stated a similar color pallet will make the buildings cohesive. Kenninger inquired about an update of the mockup of the building addition. She is concerned with the addition not tying into the current building design. Carpenter showed a new design including vertical bands on the addition; he stated the three primary colors will be used as well as the addition of the black and silver to signify the ultra-lounge design. MOTION by VanderWiel to close the public hearing. Second by Kenninger. Ayes: 7. Nays: 0. Motion Passes. Public Hearing closed at 7:18 pm Additional Comments: Commissioner Kurle feels the new plan shown tonight makes the new and old building look cohesive, Commissioner Freeman agrees with Kurle. Chair Miller inquired if Staff has seen these recent drawings, Zweber stated this is the first he has seen them. Zweber would like to see the moldings to be cast into the panels to add depth to the design but asked if the Commission agrees to the color palate. Zweber stated that the Commission can make it a condition that the new design be submitted before the City Council meeting. PLANNING COMMISSION REGULAR MEETING MINUTES April 28, 2015 PAGE 5 Commissioner Kenninger would like suggest that item #4 is revised to state that the exterior panels should be molded, colored, and designed as a complementary to current design. She also wants item #5 to state that the seven (7) trees be placed along the east side of the property along Hwy 3. Zweber recommends to remove the wording the ground plantings and add trees along Hwy 3 frontage for item #5. Also amend item #4 to be reworded as follows, the exterior of the pre-cast concrete panels shall be constructed with depth to break up continuous façade and colored complementary to the existing Marcus Theater. This will give direction to the City Council and they can determine if it is complimentary to the current building. Commissioner VanderWiel stated her main concern is the frontage to Hwy 3; she wants the design on that side to be addressed as well as the front. Commissioner Kurle confirmed that the recommendations in the PUD would only apply to this property. Zweber clarified that it would not only apply to this property but also that the 50’ max height applies only to these two auditoriums. Any future additions would need to amend the PUD. Motion by Kenninger to Recommend Approval of the Planned Unit Development Site and Building Plan, subject to the following conditions: 1.Issuance of a Building Permit. 2.Allow the two new auditoriums to be constructed to a maximum height of 50 feet. 3.Allow the use of pre-cast concrete panels for the two auditorium additions. 4.The exterior of the pre-cast concrete panels on all three facades shall be molded and colored consistent with constructed with dimension and depth to break up continuous facade and colored and designed complementary to the existing Marcus Theater. 5.Installation of 20 foundation plantings or 7 trees along the MN Hwy 3 frontage per the Landscaping Code. 6.Provision of a Landscape Escrow in the amount of $1,925. Second by Forster Kurle asked for clarification on what three (3) sides Kenninger is inquiring about. It was confirmed that the reference was to the south, east, and north sides of the addition. Ayes: 7 Nays: 0 Motion approved. 5.c. Request by SKB for a Renewal of a Small Mineral Extraction Permit Through 2015 (15- 13-ME) Planner Lindahl summarized his report for the Planning Commission. Commissioner Forster confirmed that there are no changes to egress for past approvals. Chair Miller inquired if there were any complaints, Lindahl confirmed that there have been no complaints in the past year. PLANNING COMMISSION REGULAR MEETING MINUTES April 28, 2015 PAGE 6 The public hearing was opened at 7:32 pm. Public comments: Christopher Dehen, from SKB was on hand to answer any questions. Miller inquired if the applicant has any concerns, Dehen stated he has none. MOTION by Kenninger to close the public hearing. Second by Forster. Ayes: 7. Nays: 0. Motion Passes. Public Hearing closed at 7:34 pm Additional Comments: None Motion by Kenninger to recommend the City Council renew the SKB Environmental, Inc. Mineral Extraction Permit for 2015, subject to the terms and conditions in the attached 2015 Draft Conditions for Mineral Extraction. Second by Henrie Ayes: 7 Nays: 0 Motion approved. 5.d. Request by The City of Rosemount for a Text Amendment Related to Liquor Related Businesses (15-10-TA) Senior Planner Zweber summarized his report for the Planning Commission. Commissioner Freeman stated that the Cannon Falls Winery tasting room is separate from their farm and asked if that would that be allowed in Rosemount. Zweber stated that City Council would have to make the decision about licensing. Currently, a business like Cannon River Winery would need to get a license attached to a restaurant to be allowed in current liquor licensing. Commissioner Henrie stated that these changes are to make more favorable to attack these types of businesses, but wondered if staff has looked at the negative effects. Zweber stated that the last time the Commission discussed this topic, the only issue discussed was odors. The City Council had a discussion about these businesses at a work session and there were not astounding issues that arose. The City Council did not want an ordinance that was more restrictive than neighboring communities. Zweber asked about what specific concerns Henrie had. Henrie stated his concerned are odor, traffic violations, and crime. Zweber stated the City Council had much discussion about compliance checks in regards to who is buying beverages. The City council had previously discussed traffic stops when there were a number of comments by residents and business owners that the police are more aggressive than they need to be. The City Council did not give the Police Department any direction to change the way that they conduct traffic stops. Odors were discussed in past meeting and deemed they would not be any odor concerns. Concerns about crime would be similar to those at a restaurant with a liquor license. PLANNING COMMISSION REGULAR MEETING MINUTES April 28, 2015 PAGE 7 Commissioner Kurle inquired about discussions in the past about concerns in increased crime across businesses in neighboring communities. Zweber thought that Kurle was thinking about the Council’s discussion of Marcus Theater adding a liquor license when they add a restaurant. Zweber stated that staff had inquired with other cities that have theaters with liquor licenses and that they found that there wasn’t an increase in calls when liquor was present. The crime level was related to the area the theater was located, not that liquor was present. Commissioner Forster clarified what was being asked of the Commission, to recommend they approve the revision related to alcohol businesses in the Zoning Ordinance, as well as remove some uses. Zweber confirmed that was correct. Forster also inquired if removing those uses would create any non-conforming uses. Zweber stated that there are not any current business with the uses proposed to be removed and therefore no non-conforming uses would be created. Since there are no businesses affected, no notices were sent. Commissioner Kenninger clarified that amendments are being made to the Zoning Ordinance, but that the establishments being proposed as a permitted use would still need to apply for a liquor license. The public hearing was opened at 7:58 pm. Public comments: None MOTION by Kurle to close the public hearing. Second by Forster. Ayes: 7. Nays: 0. Motion Passes. Public Hearing closed at 7:58 pm Additional Comments: None Motion by Kenninger to Recommend that the City Council Approve the Ordinance Relating to Alcoholic Beverage Production Establishments; Amending Rosemount City Code Sections 11-1-4, 11-4-1, 11-4-11, 11-4-13, 11-4-14, 11-4-15, 1-4-15-1, 11-4-16 and 11-6-1. Second by Kurle Ayes: 7 Nays: 0 Motion approved. Staff discussed the next steps for the items discussed tonight. Kenninger asked for clarification about which date the items will be on council, they will be on May 20 not the 19. Staff responded that the thth second City Council meeting In May is being re-scheduled to Wednesday, May 20. Old Business: None New Business: None Reports: PLANNING COMMISSION REGULAR MEETING MINUTES April 28, 2015 PAGE 8 Auto related uses were removed from this meeting’s agenda due to the training held before tonight’s meeting and the full agenda for this meeting. It will likely be held before the May Planning Commission meeting. Adjournment: There being no further business to come before this Commission, Chairperson Miller adjourned the meeting at 8:02 p.m. Respectfully submitted, Amy Roudebush, Recording Secretary