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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
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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
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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
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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
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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
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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