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HomeMy WebLinkAbout2009 PLANNING COMMISSION REGULAR MEETING MINUTES FEBRUARY 24, 2009 PAGE 1 Call to Order: Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, February 24, 2009. Chairperson Messner called the meeting to order at 6:31p.m. with Commissioners Howell, Schwartz and Schultz present. Commissioner Palda was absent. Also in attendance were Senior Planner Zweber, Planner Lindahl, Project Engineer Dawley and Recording Secretary Hanson. The Pledge of Allegiance was read. Additions to Agenda: None. Audience Input: None. Consent Agenda: a. Approval of the December 23, 2008 Regular Meeting minutes. MOTION by Schwartz to approve the Consent Agenda. Second by Howell. Ayes: 4. Nays: None. Motion carried. Public Hearings: 5.a. Vesterra Stonex Mineral Extraction Permit Review and Renewal (09- 02 -ME). Planner Lindahl reviewed the staff report. The applicant, Jonathan Wilmshurst of Vesterra LLC /Stonex LLC, requests renewal of the Vesterra and Stonex mineral extraction permits for 2009. The subject properties are located south of 135 street, 1/4 mile west of Blaine Ave. (County Road 71). The properties are owned by Flint Hills Resources which leases them back to the applicant for mineral extraction. While Flint Hills and Vesterra, LLC /Stonex, LLC are parties to the permit, the responsibility for securities and compliance with the conditions remains with Vesterra and Stonex as the property lessee. The Applicant was present but added no comments. The public hearing was opened at 6:35p.m. There was no public comment. MOTION by Schultz to close the public hearing. Second by Schwartz. Ayes: 4. Nays: None. Motion approved. Public hearing was closed at 6:36p.m. There was no discussion among the Commissioners. MOTION by Schultz to recommend the City Council approve the renewal of the mineral extraction permit for Vesterra and Stonex, subject to the following conditions: 1. Conformance with the attached 2009 Conditions for Mineral Extraction. Second by Howell. Ayes: 4. Nays: 0. Motion approved. PLANNING COMMISSION REGULAR MEETING MINUTES FEBRUARY 24, 2009 PAGE2 4111 As follow -up, Mr. Lindahl stated this item will go before City Council at their regular meeting on March 18, 2009. 5.b. Request by Kraus Anderson for a Planned Unit Development Master Development Plan, Rezoning, and Final Site and Building Plan, Preliminary and Final Plat to construct a 17,260 square foot Professional Office Building (09- 03- PUD -RZ, 09- 04 -FDP, 09- 05 -PP, 09- 06-FP). Senior Planner Zweber reviewed the staff report. Kraus Anderson is proposing to build a 17,260 square foot professional office building on the southwest comer of Lower 147 Street and South Robert Trail. The building is designed to accommodate multiple tenants with four separate lease spaces, the smallest being approximately 2,600 square feet and the largest being approximately 5,200 square feet. The building will front onto South Robert Trail with a parking lot between the building and the homes to the west. The parking lot will be accessed via Lower 147 Street to the north and a right in -right out access onto South Robert Trail to the east. The developer illustrates plans for phase 2 development on the southern parcel in the future. The City's Port Authority will retain ownership although the applicant has an option on the property. Mr. Zweber further reviewed the site layout and conditions required in order for the motions to be approved. Commissioner Schultz asked if all of the conditions will be taken care of before the City Council meeting. Mr. Zweber replied that most of the conditions will be completed by the Applicant, with the exception of the conditions with respect to the MnDOT right of way conditions. Commissioner Howell asked if the timing of the outside lighting could be delayed to 7:00a.m. to lessen some of the impact on the neighboring residents in the morning. Mr. Zweber stated the reason for the 6:00a.m. suggested start time for lighting was to create a safer environment for employees of the professional offices that may come to work early. Chairperson Messner asked if the entire site will be cleared in the process of development. Mr. Zweber stated that all of the buildings will be cleared but some of the asphalt may be kept on the Phase 2 lot for an area to store equipment. He further stated that the Phase 2 area will eventually be a grassy area. Matt Alexander of Kraus Anderson approached the Commission. He stated that staff has done a great job working with MnDOT and with Kraus Anderson to get the project started. He further stated that Kraus Anderson is generally satisfied with the required conditions and will work with staff to get them completed by the City Council meeting. Chairperson Messner asked Mr. Alexander how much of the building HealthEast was going to occupy. Mr. Alexander replied that HealthEast will be in about half of the building. The public hearing was opened at 6:59p.m. Jim Klatt, son of Terese Klatt, 14770 Cambrian Ave, approached the Commission and asked if the current fence line would be affected in the development. Mr. Zweber states there are no plans to change any of the fences since they are on the property line and would equally be the responsibility of PLANNING COMMISSION REGULAR MEETING MINUTES FEBRUARY 24, 2009 PAGE 3 the homeowner. Mr. Kratt stated that the fence was put there by the landowner before it was Genz Ryan and is in disrepair. Mr. Zweber stated he and Mr. Alexander could meet with Mr. Kratt individually to discuss the fence line on his property line. There were no further public comments. MOTION by Howell to close the Public Hearing. Second by Schwartz. Ayes: 4. Nays: None. Motion approved. The public hearing was closed at 7:02p.m. There was no further discussion among the Commissioners. MOTION by Messner to recommend the City Council approve the Planned Unit Development Master Development Plan, Rezoning, and Final Site and Building Plan, subject to the follow conditions: 1. Compliance with the City Engineer's Memorandum dated February 19, 2009. 2. Compliance with the Fire Marshal's Memorandum dated February 19, 2009. 3. Incorporate the MnDOT approved right in- right out access design into the final plans. 4. A reduction of the rear yard setback to 9.19 feet for the southern 56 feet of Lot 1. 5. Widen the sidewalks adjacent to the parking lot to six feet wide to accommodate car parking overhangs. 6. Install the missing sidewalk connection between the south side of the building and the sidewalk along South Robert Trail. 41) 7. An additional tree shall be installed on the west property line to provide 50 foot spacing. The requirement for the eight additional trees is waived due to the increase in the number of foundation plantings and the inability to plant trees within the MnDOT right -of -way. 8. Install foundation plants within the parking lot islands south of the building labeled "planting beds 9. Signs shall be allowed on the four sides of the building as showed in the building elevations. Signs on the west facade shall be required to be turned off from 9 P.M. to 6 A.M. to limit the disturbance to the residents in the west. 10. The type "D" light fixtures within the parking lot shall be replaced with acorn globe style lights used in the Downtown street lighting. 11. The parking lot lights shall be programmed to turn off at 9 pm. 12. The utility door style and color, along with the material around the door, should be compatible with the building architecture. The window and door glazing should be submitted for final staff review and approval. 13. Replace the EIFS at the top of the eastern facade located between the two middle entrances. 14. Install a glass door, and the sidewalk leading to South Robert Trail, into the eastern facade for the northern lease space. Second by Schultz. Ayes: 4. Nays: None. Motion approved. MOTION by Schultz to recommend the City Council approve the Preliminary Plat and Final Plat, subject to the following conditions: 1. Compliance with the City Engineer's Memorandum dated February 19, 2009. 2. A cross access easement shall be recorded across the drive aisles of Lot 1 for the use of the future development of Lot 2. PLANNING COMMISSION REGULAR MEETING MINUTES FEBRUARY 24, 2009 PAGE 4 3. A utility easement shall be recorded over the sanitary sewer and water lines on Lot 1 to provided service to Lot 2. 4. The payment of $10,440 in fee in lieu of park dedication. Second by Howell. Ayes: 4. Nays: None. Motion approved. As follow -up, Mr. Zweber stated this item will go before City Council at their regular meeting on March 18, 2009. Old Business: None. New Business: None. Reports: 7.a. 2008 -2030 Comprehensive Plan Update: Review and Comment on the Draft Active Living Chapter of the Comprehensive Plan. Planner Lindahl reviewed staff report and the goals and components of the Comprehensive Active Living Strategy. He stated that staff requests the Planning Commission review and comment on the draft active living section and then staff will incorporate any comments and insert the active living section into the full Comprehensive Plan which is scheduled to be back before the Planning Commission on March 24, 2009 for public hearing. Commissioner Schultz asked if other communities were adding a similar section to their comprehensive plans. Mr. Lindahl stated that the active living section is not required by the MetCouncil but other communities such as Apple Valley and Lakeville have some type of active living section. He further stated this is currently a popular topic because of the work Blue Cross is doing on this issue. Senior Planner Zweber added that Carver County is also preparing an active living section that is very similar. The Commissioners had no further comments or questions. Additional Reports: Senior Planner Zweber stated that the official comment period for the comp plan has ended and it is anticipated that the public hearing will occur at the March Planning Commission meeting. To prepare for the public hearing, Mr. Zweber stated that there will be a work session on March 10 to go over all comments received and proposed changes. Mr. Zweber reported that in April, the City is working with ULI and the Regional Council of Mayors to complete a housing study consisting of households from 20042007. It is anticipated that there will be a presentation at the City Council work session in March and the Planning Commissioners will be invited to attend. Finally, Mr. Zweber reported that two of the Planning Commissioners are up for re- appointment. The City Council will interview all applicants that have applied. Adjournment: There being no further business to come before this Commission, Commissioner Schultz made a motion to adjourn. The motion was seconded by Commissioner Howell. Upon unanimous decision, the meeting was adjourned at 7:22p.m. Respectfully Submitted, Kathie Hanson, Recording Secretary PLANNING COMMISSION WORK SESSION MINUTES MARCH 10, 2009 PAGE 1 Call to Order: Pursuant to due call and notice thereof, the Work Session Meeting of the Planning Commission was held on Tuesday, March 10, 2009. Chairperson Messner called the meeting to order at 6:31p.m. with Commissioners Palda and Schultz present. Commissioner Howell was absent. Also in attendance were Senior Planner Zweber, Planner Lindahl, and Recording Secretary Hanson. Commissioner Schwartz arrived later. DISCUSSION a. Review and Reply to the Comments received regarding the 2030 Com prehensive Plan. Senior Planner Zweber reviewed the comments received on the draft of the 2030 Comprehensive Plan and discussed the proposed changes. With respect to the comments from MnDOT, Mr. Zweber explained the issue with the Highway 3 and County Road 42 and Canada Avenue interchanges. Inver Grove Heights commented on a trail connection not included in the City's comp plan. Mr. Zweber stated that Parks and Recreation Director Schultz plans to modify the Park Plan with respect to the trail from Lebanon Hills to the McMenomy parcel to connect the trails. A discussion took place on the Dakota County comments regarding the County Road 42 Corridor and the accesses they recommend. Commissioner Schultz asked how the City will try to resolve its disagreement with the County's plan. Mr. Zweber stated that the County will be reviewing and revising the 42 Corridor Study and the City will discuss the access issues with the County at that time. He further stated staff will aim to have the plan revised to have the accesses in Rosemount more consistent with what is in Apple Valley and Burnsville. Dakota County recommends the City establish a historic preservation commission. Staff does not believe that the establishment of a historic preservation commission would provide benefit above that already described in the Development Framework for Downtown Rosemount and the current Comp Plan text. Commissioner Schwartz stated that while she does not believe a special committee should be established to overlook preservation, she stressed the importance of preserving historic sites within downtown Rosemount, particularly St. Joseph's church. Mr. Zweber stated that the Metropolitan Council is requiring all land currently zoned as Agricultural Preserve stay designated as Agriculture until the land is removed from the preserve program by the land owner. Chairperson Messner asked whether or not it will affect the projected density if the land use map needs to be revised to satisfy this requirement. Mr. Zweber stated that it would but hoped no changes will need to be made after discussing the issue with Metropolitan Council staff. There were no other comments or questions regarding the comments received on the comp plan or recommended changes. Adjournment: There being no further business to come before this Commission, Commissioner Messner made a motion to adjourn. Upon unanimous decision, the meeting was adjourned at 7:49p.m. Respectfully Submitted, 10 Kathie Hanson, Recording Secretary PLANNING COMMISSION REGULAR MEETING MINUTES MARCH 24, 2009 PAGE1 CaII to Order: Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, March 24, 2009. Chairperson Messner called the meeting to order at 6:31p.m. with Commissioners Howell, Schwartz, Palda and Schultz present. Also in attendance were Senior Planner Zweber, Planner Lindahl, City Engineer Brotzler, Parks and Recreation Director Schultz and Recording Secretary Hanson. The Pledge of Allegiance was read. Additions to Agenda: None. Audience Input: None. Consent Agenda: a. Approval of the February 24, 2009 Regular Meeting minutes. b. Approval of the March 10, 2009 Work Session minutes. MOTION by Schwartz to approve the Consent Agenda. Second by Howell. Ayes: 5. Nays: None. Motion carried. Public Hearings: 5.a. Conduct a Public Hearing for the 2030 Comprehensive Plan and make a Recommendation to the City Council. Senior Planner Zweber reviewed the staff report including the comments received from various entities and the recommended responses to same. Mr. Zweber reviewed the timeline for the remaining approval process including the motion for approval at tonight's meeting, followed by the April 15 City Council work session to resolve a few policy issues, and finally the May 5 City Council meeting for approval to submit to the Met Council. Chairperson Messner asked if the map at Figure 3.8.B. within the Mississippi River Critical Corridor Plan identified the zoning or guiding of those areas. Mr. Zweber replied that the map does identify the underlying zoning, but stated that the comp plan map may be the more appropriate map rather than zoning. With respect to the Ag Preserves issue, Chairperson Messner asked about the areas that have already been guided to designations other than Agricultural or Agricultural Preserves. He asked what has changed in the statute as it relates to those areas and whether or not those areas need to be changed. Mr. Zweber replied that it is the Met Council's current interpretation of the same statute that was then in effect. He stated other cities have had past comp plan amendments approved with no comment. Further, he stated he may use a current land use map and a future intended map and staff will continue to work on this issue. The public hearing was opened at 7:16p.m. Irene Beberg, daughter of Olga Treise, owner of approximately 54 acres at the corner of McAndrews and Highway 3, approached the Commission. She had spoken to the Commission before and still maintains that to obtain the best use for her property, she needs to be provided sewer and water. Ms. PLANNING COMMISSION REGULAR MEETING MINUTES MARCH 24, 2009 PAGE 2 Beberg stated her property should be developed to help benefit the City's tax base. She stated her difficulty with the changes the State legislature made with respect to green acres wherein she would have to pay seven years in back taxes on any wetlands or low lands taken out of green acres. She asked if the property could possibly be mined as it is high in gravel density and she has been approached by mining companies in the past. In addition, Ms. Beberg mentioned that her mother paid assessment fees when the City constructed McAndrews Road and there was agreement that a cut -in onto the Treise property was to be constructed in the event they ever developed. She stated her mother also donated easements for drainage during the road construction. Ms. Beberg stated her family feels they should receive some consideration in the treatment of their parcel to help in development. There were no further public comments. MOTION by Howell to close the public hearing. Second by Schwartz. Ayes: 5. Nays: None. Motion approved. Public hearing was closed at 7:29p.m. Chairperson Messner stated his appreciation for Ms. Beberg's request but stated his concern that even though the property is close to the City of Eagan, it is a distance from the City of Rosemount's current MUSA line and would be quite an expense to provide her sewer and water. In addition, the general consensus of area residents has been to keep as much property as possible rural residential, and therefore, he stated he would not be in favor of changing the zoning of the Treise parcel for commercial or higher density development. MOTION by Schwartz to recommend approval of the 2030 Comprehensive Plan with the proposed revisions and responses within the Response Letter. Second by Schultz. Ayes: 5. Nays: 0. Motion approved. As follow -up, Mr. Zweber stated this item will go before City Council at a work session on April 15, 2009, and tentatively at their regular meeting on May 5, 2009. Old Business: None. New Business: None. Reports: Mr. Zweber requested the Planning Commissioners stay after the meeting is adjourned to join in a farewell of leaving Commissioners Palda and Howell. Adjournment: There being no further business to come before this Commission, Commissioner Schultz made a motion to adjourn. The motion was seconded by Commissioner Howell. Upon unanimous decision, the meeting was adjourned at7:32p.m. Respectfully Submitted, Kathie Hanson, Recording Secretary PLANNING COMMISSION REGULAR MEETING MINUTES MAY 12, 2009 PAGE1 Call to Order: Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, May 12, 2009. Chairperson Messner called the meeting to order at 6:31p.m. with Commissioners Schwartz, Schultz, Irving and Demuth present. Also in attendance were Senior Planner Zweber, Planner Lindahl, and Recording Secretary Hanson. The Pledge of Allegiance was read. Additions to Agenda: None. Audience Input: None. Administer Oath of Office Mayor Droste swore in the two new Planning Commissioners, Kyle Irving and Vanessa Demuth. Consent Agenda: a. Approval of the March 24, 2009 Regular Meeting minutes. b. Approval of the April 14, 2009 Sign Committee Meeting minutes. MOTION by Schultz to approve the Consent Agenda. Second by Schwartz. Ayes: 5. Nays: None. Motion carried. Public Hearings: S Chairperson Messner recessed the regular Planning Commission meeting and opened the Board of Appeals and Adjustments meeting at 6:35p.m. 5.a. Casselman Variance Request (09- 10 -V). Planner Lindahl reviewed the staff report. The applicant, Philip L. Casselman, requests a south side yard setback variance from 30' to 5' feet to allow the construction of a 34' x 40' "J" shaped addition to his existing home. The proposed two story addition would replace Mr. Casselman's existing single story detached two stall garage. As designed the addition would total 2,400 square feet. The first floor includes a new front entry, elevator, mechanical room, storage room and 24' x 26' or 624 square foot two stall garage. The second floor includes a master suite, master bath, walk -in closet, expanded living room, office and an additional bedroom. Mr. Lindahl explained that staff finds the applicant's proposal to construct a two story 2,400 square foot addition 5' from the southern property line exceeds the Rural Residential district's setback standards, other variance granted in the surrounding neighborhood, and the existing development pattern in the Oakwood Estate subdivision. Furthermore, a 5' setback for a two story structure would not comply with the side yard standards for the City's most urbanized neighborhoods. As an alternative, Mr. Lindahl explained that staff recommends granting a 30' to 15' side yard setback variance. Such a variance would still allow the applicant a two story 1,770 square foot expansion while maintaining the 15' side yard setback offered in other variances and likely preserve the 3 existing trees. Commissioner Schultz asked why the elevator was needed and whether or not the City's proposed 15 foot setback would still include the elevator. Mr. Lindahl replied that the applicant would be better at answering the need for the elevator and their architect could answer if the elevator could fit into the allowed area. PLANNING COMMISSION REGULAR MEETING MINUTES MAY 12, 2009 PAGE 2 Commissioner Irving asked if the owner of the property to the south of the applicant is supportive of the variance. Commissioner Demuth answered by stating she is familiar with the owner of the property to the south and that they are one of the residents who submitted letters of support. The applicant, Philip L. Casselman, of 12380 Blanca Avenue, Rosemount, approached the Commission and stated they have lived there since 1972 and he is trying to improve their small home on one of the smallest lots in the neighborhood. He recently had his knee replaced which is why he needs an elevator. He stated that if they cannot have an elevator placed in the home, they will not stay there. He further stated that he does not believe in cutting down old trees and would be willing to build a reduced size garage in order to keep within the reduced setback. The applicant's wife, Karen Casselman, approached the Commission and showed two pictures of the site and stated that they love living where they do and the neighborhood is safe. As senior citizens, her and her husband have new needs and they want to make their home more livable so they can stay in Rosemount. Ms. Casselman referred to the list of neighbors and stated that all of her neighbors are supportive to the variance and that some are present at tonight's meeting to show their support. Ms. Casselman then referred to Finding No. 3 in the staff report and stated that no one in Oakwood Estates meets the criteria in this Finding. She stated other neighbors have completed additions that all needed variances because the lot sizes do not meet the new minimum lot size standards. She mentioned the alternative of selling and buying elsewhere and showed statistics on a graph with respect to single family homes for sale in Rosemount. She stated is takes the average home 157 days to sell which, in the same time span, they could have their new addition completed. Her final statement was that Oakwood Estates was established in 1962 and she could not understand how anything could be applicable to a 2009 neighborhood. Architect, Norman Wells, of New Brighton, approached the Commission. He stated that the requested five foot setback only occurs in small area of the lot since the building is not parallel to the lot line, but at an angle. He stated that it is not right in a rural residential area that does not comply with the minimum lot size standard but impose the same restrictions. He stated that if City sewer and water were provided to the lot, it would make the lot more tolerable to place the addition elsewhere. However, the drain fields restrict where the house can moved or where the addition can be placed. He further stated that in order to get the elevator plus the machine room, the house needs to be configured the way it's planned in order to provide the home the Casselman's need and want in this stage of their lives. Commissioner Irving asked Mr. Wells if the Commission were to approve staff's recommendation of a 15 foot setback, how it would affect the plan. Mr. Wells stated that with a 15 foot setback, it would be a smaller garage and they would lose two trees due to the placement of the driveway. Commissioner Schultz asked if the other requested amenities would still be possible within the staff's recommendation of a 15 foot setback. Mr. Wells stated there would be room for the elevator and machine room, but not for the other rooms they wanted. The public hearing was opened at 7:17p.m. Bob Casselman, 745 Lincoln Avenue St. Paul, Minnesota, approached the Commission stating he is the applicant's brother. He stated that if his brother would tear down his garage, he could rebuild it as it was at the 3.7 foot existing setback, but that he wants to increase that setback and improve his PLANNING COMMISSION REGULAR MEETING MINUTES MAY 12, 2009 PAGE3 home and he has to convince the Commission to approve it. Mr. Casselman stated that it did not make sense. Karen Casselman again approached the Commission and stated that there are neighbors present in support of the variance but they are not comfortable speaking in public. There were no further public comments. MOTION by Schultz to close the public hearing. Second by Irving. Ayes: 5. Nays: None. Motion approved. Public hearing was closed at 7:20p.m. Commissioner Irving inquired about the current zoning standards and the standards that applied to pre existing conditions and whether or not the standards took into affect the unique topography of the area. Mr. Lindahl replied that the first zoning ordinance was adopted in 1972, and the Oakwood Estates area was developed in 1962, so it predates when the first ordinance was adopted. Structure or lots that do not meet the current zoning standards is then considered non conforming. Mr. Lindahl explained that at the owner would like to make improvements, they are required to meet the standards in effect at the time. Mr. Zweber added a brief history on why zoning districts are zoned the way they are and that the City realized that districts with lots sized as they are in Oakwood Estates do not function well. It was decided to make the zoning classifications in this area have larger lots so single family houses could be constructed with appropriate setbacks and septic systems. The City created the zoning districts so neighborhoods like these are no longer created and lot sizes are larger so they easily function with septic systems. Commissioner Schultz stated that based upon Mr. Zweber's statement, she would have a problem with denying the Applicant's request because they do not have a new lot that was developed in the larger size standard; they have a smaller lot developed before the new standards were in place and they should not be penalized for building their home long before the way Rosemount is today. Commissioner Schwartz stated her agreement with Commissioner Schultz and added that previous variances have been granted for less than 15 feet and therefore, she would have difficulty denying the variance. Chairperson Messner stated that he does not understand why the area was rezoned in 1989 as it was and hoped that the residents of that time object to the rezoning. He stated he does remember the variance granted in 2006 because he was on the Commission at that time and he recalled that the applicant did not get all they wanted either. He stated his desire to look at an alternative of a 10 foot setback which would be between what staff recommended and what the applicant wants. He stated he would be in favor of a 10 foot setback with a jog in the building that could accommodate the size of the garage the applicant needs, given this is a two -story structure. Mr. Casselman approached the Commission and stated the alternative would never work because it would be too close to the trees and he refuses to cut down any trees. Chairperson Messner clarified that only the back corner of the garage would need to have a 10 foot setback which would only remove some of the garage storage. Mr. Casselman agreed that they could make that work. PLANNING COMMISSION REGULAR MEETING MINUTES MAY 12, 2009 PAGE 4 Commissioner Schwartz stated that even though a 10 foot setback is not what everyone wants, she did hear agreement to the idea and she would support it. MOTION by Messner to approve a south side yard setback variance from 30' to 10' for the property located at 12380 Blanca Avenue. Second by Schultz. Ayes: 5. Nays: 0. Motion approved MOTION by Messner to deny the applicant's request for a 30' to 5' south side yard setback variance for the property located at 12380 Blanca Avenue. Second by Irving. Ayes: 5. Nays: 0. Motion approved. As follow -up, Mr. Lindahl stated that decisions made by the Board may be appealed to the City Council by the applicant, the Zoning Administrator, a member of the City Council or any person owning property or residing within three hundred fifty feet (350) of the property affected by the decision. All appeal requests must be filed with the Planning Department within ten (10) working days of the action by the Board of Appeals and Adjustments. Chairperson Messner recessed the Board of Appeals and Adjustment Meeting and re- convened 11, the regular Planning Commission meeting at 7:38p.m. 5.b. Valley Paving, Inc. Interim Use Permit Application (09- 09 -IUP). Senior Planner Zweber reviewed the staff report. Valley Paving, Inc. has received the contract from the Minnesota Department of Transportation (MnDOT) to repave Minnesota Highway 55 from US Highway 52 to the Hastings City Limits. Valley Paving has also bid on two repaving projects on US Highway 52 in Inver Grove Heights and Rosemount. To complete these projects, Valley Paving, Inc. is proposing to lease the southeastern corner of the Continental Nitrogen site at 12955 Courthouse Boulevard to install an asphalt plant and associated stockpile material through December 31, 2009 to complete the repaving projects. The Applicant, Charlie Borene and Brent Carron, of Valley Paving, Inc. approached the Commission. They stated that the property is zoned for heavy industrial and the owner is receptive to their interim use. They further stated that with the tight economy, this project will allow their company to submit competitive bidding on the upcoming stimulus projects. Chairperson Messner asked how many additional trucks a day would be on the areas roads. Mr. Carron stated an estimate of 10 -20 trucks a day will be making rounds. The public hearing was opened at 7:52p.m. There were no public comments. MOTION by Schultz to close the public hearing. Second by Irving. 411 Ayes: 5. Nays: None. Motion approved. Public hearing was closed at 7:53p.m. MOTION by Schultz to recommend that the City Council approve an Interim Use Permit PLANNING COMMISSION REGULAR MEETING MINUTES MAY 12, 2009 PAGE 5 for Valley Paving, Inc. subject to: 1. Conformance with the standards of the Asphalt Plant Interim Use Permit of the Zoning Code Section 11 4 E. 2. Valley Paving, Inc. and any subcontractor trucks must use the existing Continental Nitrogen truck access on the west side of the facility. Direct access from the Continental Nitrogen site onto MN Hwy 55 is prohibited. 3. The expiration date of the IUP will be December 31, 2009; any extension must be approved by the City Council. Second by Schwartz. Ayes: 5. Nays: 0. Motion approved. As follow -up, Mr. Zweber stated that this item will go before the City Council at the next regularly schedule meeting on June 2, 2009. 5.c. Sign Ordinance Text Amendment (08 01 TA). Planner Lindahl reviewed the staff report. Staff recommends the Planning Commission recommend approval of the attached sign ordinance amendment. In 2007, staff outlined a two step process to conduct a comprehensive review of the sign ordinance. The first step concluded in November 2007 when the City Council approved an ordinance that revised the sign standards related to permitting procedure, First Amendment free speech and temporary signs. As part of this first step, staff also restructured portions of the sign ordinance so it would be clearer and easier to find specific regulations. The second step in the sign ordinance update process began in January of 2008. This memo summarizes that process and offers a draft ordinance with recommended changes to the various zoning districts' sign regulations as well as new standards for dynamic (electronic) signs and temporary off premise signs. Commissioner Irving asked for a definition of official signs and whether or not a flashing speed sign would be classified as an official sign. Mr. Lindahl replied that it would be classified as an official sign and not a dynamic sign under the current standards. Commissioner Demuth thanked all who worked on the sign ordinance and asked if there was any discussion during this process on the regulation of people waving signs as a part of their advertising because she feels it is distracting to motorists. City Attorney Tietjen responded that there isn't really any legal procedure for regulating that type of advertising. Even though it is a form of advertising, Ms. Tietjen stated there are gray areas as to whether or not it can be considered a sign. Commissioner Schwartz recalled that the Committee did not reach a decision on that issue but it was agreed that it was a gray area. Commissioner Irving asked whether or not signs announcing school activities or announcements would that fall under the sign ordinance. Mr. Lindahl stated those type of signs would be classified as temporary signs under the ordinance and no changes are proposed to those type of signs. He further gave a summary of the temporary sign standards. Commissioner Irving asked what procedures are taken if the sign is up longer than the 10 days allowed. Mr. Lindahl replied that the City has an inspection process that staff conducts. PLANNING COMMISSION REGULAR MEETING MINUTES MAY 12, 2009 PAGE6 Chairperson Messner stated that walking pizza signs would be tough to regulate. Commissioner Schwartz stated it may be premature in trying to figure out whether or not a human body can be a sign. She further stated she would like to readdress the 5 -10 minute display time of electronic signs. She stated that changeable signs are distracting for motorists and feels the committee did good work in coming to a more forward looking decision than some of our neighboring communities while still protecting our citizens. Chairperson Messner thanked all who served on the sign committee. The public hearing was opened at 8:38p.m. There were no public comments. MOTION by Schwartz to close the public hearing. Second by Irving. Ayes: 5. Nays: None. Motion approved. Public hearing was closed at 8:39p.m. MOTION by Messner to recommend the City Council approve the sign ordinance amendment. Second by Schultz. Ayes: 5. Nays: 0. Motion approved. As follow -up, Mr. Lindahl stated that this item will go before the City Council at the next regularly schedule meeting on June 2, 2009. Old Business: 7.a. 2030 Comprehensive Plan. Senior Planner Zweber gave an update on the status of the 2030 Comprehensive Plan process and the results of staff's meeting with the Metropolitan Council. New Business: None. Reports: Mr. Zweber reminded Commissioners of the joint meeting with the City Council on Tuesday, May 19, 2009, at 6:OOp.m. for the ULI /RCM presentation in place of the regular Port Authority meeting. Mr. Zweber then stated there will be only one Planning Commission in June and asked the Commissioners to notify staff as to which Tuesday would be more convenient: June 9 or June 23` Election of Chairperson and Vice Chairperson Chairperson Messner asked the Commissioners for nomination for the position of Chairperson and stated Commissioners can also vote for themselves. Commissioner Irving nominated himself. Chairperson Messner nominated Commissioner Schwartz. Commissioner Schwartz declined the nomination. Commissioner Schultz nominated Commissioner Messner to remain as chairperson. Commissioner Schwartz agreed. Senior Planner Zweber stated that it is not anticipated that Commissioner Messner will be able to serve his full term if reappointed as chairperson and staff would desire that a new chairperson was appointed while Commissioner Messner was still serving so that Commissioner Messner could provide guidance to the new Chairperson. Commissioner Demuth then nominated Commissioner Schultz. PLANNING COMMISSION REGULAR MEETING MINUTES MAY 12, 2009 PAGE 6 Chairperson Messner stated that walking pizza signs would be tough to regulate. Commissioner Schwartz stated it may be premature in trying to figure out whether or not a human body can be a sign. She further stated she would like to readdress the 5 -10 minute display time of electronic signs. She stated that changeable signs are distracting for motorists and feels the committee did good work in coming to a more forward looking decision than some of our neighboring communities while still protecting our citizens. Chairperson Messner thanked all who served on the sign committee. The public hearing was opened at 8:38p.m. There were no public comments. MOTION by Schwartz to close the public hearing. Second by Irving. Ayes: 5. Nays: None. Motion approved. Public hearing was closed at 8:39p.m. MOTION by Messner to recommend the City Council approve the sign ordinance amendment. Second by Schultz. Ayes: 5. Nays: 0. Motion approved. As follow -up, Mr. Lindahl stated that this item will go before the City Council at the next regularly 40 schedule meeting on June 2, 2009. Old Business: 7.a. 2030 Comprehensive Plan. Senior Planner Zweber gave an update on the status of the 2030 Comprehensive Plan process and the results of staff's meeting with the Metropolitan Council. New Business: None. Reports: Mr. Zweber reminded Commissioners of the joint meeting with the City Council on Tuesday, May 19, 2009, at 6:OOp.m. for the ULI /RCM presentation in place of the regular Port Authority meeting. Mr. Zweber then stated there will be only one Planning Commission in June and asked the Commissioners to notify staff as to which Tuesday would be more convenient: June 9t or June 23` Election of Chairperson and Vice Chairperson Chairperson Messner asked the Commissioners for nomination for the position of Chairperson and stated Commissioners can also vote for themselves. Commissioner Irving nominated himself. Chairperson Messner nominated Commissioner Schwartz. Commissioner Schwartz declined the nomination. Commissioner Schultz nominated Commissioner Messner to remain as chairperson. Commissioner Schwartz agreed. Senior Planner Zweber stated that it is not anticipated that Commissioner Messner will be able to serve his full term if reappointed as chairperson and staff would desire that a new chairperson was appointed while Commissioner Messner was still serving so that Commissioner Messner could provide guidance to the new Chairperson. Commissioner Demuth then nominated Commissioner Schultz. PLANNING COMMISSION REGULAR MEETING MINUTES MAY 12, 2009 PAGE 7 MOTION by Schwartz to close the nominations. Second by Irving. Ayes: 5. Nays: None. Motion approved. Commissioner Irving withdrew his nomination. MOTION by Messner to elect Commissioner Schultz by unanimous consent to the position of Chairperson. Second by Irving. Ayes: 5. Nays: None. Motion approved. Commissioner Messner nominated Commissioner Irving as Vice Chairperson. MOTION by Messner to close nominations. Second by Irving. Ayes: 5. Nays: None. Motion approved. MOTION by Messner to elect Commissioner Irving by unanimous consent to the position of Vice Chairperson. Second by Schultz. Ayes: 5. Nays: None. Motion approved. Adjournment: There being no further business to come before this Commission, Commissioner Messner made a motion to adjourn. The motion was seconded by Commissioner Schwartz. Upon unanimous decision, the meeting was adjourned at 9:02p.m. Respectfully Submitted, Kathie Hanson, Recording Secretary PLANNING COMMISSION REGULAR MEETING MINUTES MAY 26, 2009 PAGE 1 Call to Order: Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, May 26, 2009. Chairperson Ege (Schultz) called the meeting to order at 6:30p.m. with Commissioners Schwartz, Messner, Irving and Demuth present. Also in attendance were Senior Planner Zweber, Planner Lindahl, and Recording Secretary Hanson. The Pledge of Allegiance was read. Additions to Agenda: None. Audience Input: None. Consent Agenda: None. Public Hearings: 5.a. A Report Reviewing an Amendment to the 2009 Vesterra and Stonex Mineral Extraction Permit (09- 12 -ME). Planner Lindahl reviewed the staff report. The applicant, Jonathan Wilmshurst of Vesterra LLC /Stonex LLC, requests an amendment to the 2009 Vesterra and Stonex mineral extraction permit. The amendment would revise the applicant's Phasing and End Use plans to allow mining in 15 acres on the east end of the property not included under the existing mineral extraction permit. Should the City approve the request, the most notable change to the existing permit would be a new 5 acre and twenty feet deep storm water pond in the northeastern corner of the site. Commissioner Messner asked if the haul route going out of the east side of the site is currently there or for the future phase. Mr. Lindahl stated that the applicant has identified this haul route as a future route once the mining process moves down to that location and the parcels to the east are no longer being farmed. City staff is aware of their desire to switch and it is a favored haul route for Flint Hills. Commissioner Messner asked if the permit allows for a greater depth of mining in the proposed stormwater ponding area. Mr. Lindahl stated that the area has been reviewed by the City Engineering Department and they haven't offered any comments that the design is inappropriate. The applicant, John Chadwick, of Vesterra Stonex, approached the Commission and thanked them for the consideration of the amendment. He stated they will make the stormwater ponding area work when the time comes. The public hearing was opened at 6:42p.m. There were no public comments. MOTION by Messner to close the public hearing. Second by Irving. Ayes: 5. Nays: None. Motion approved. Public hearing was closed at 6:43p.m. MOTION by Irving to recommend the City Council approve the attached amended 2009 mineral extraction permit for Vesterra and Stonex, subject to the following conditions: PLANNING COMMISSION REGULAR MEETING MINUTES MAY 26, 2009 PAGE 2 1. Conformance with the amended 2009 Conditions for Mineral Extraction. Second by Schwartz. Ayes: 5. Nays: 0. Motion approved As follow -up, Mr. Lindahl stated that this item will go before the City Council at their regular meeting on Tuesday, June 16, 2009. 5.b. Request by Flint Hills Resources, LP for a Text Amendment to add Outdoor Bulk Material Storage as an Interim Use within the HI -Heavy Industrial Zoning District (09-11 TA). Senior Planner Zweber reviewed the staff report. Flint Hills Resources, LP (FHR) operates a petroleum refinery in north central Rosemount (and a small portion in southern Inver Grove Heights). Through the refining process, two non petroleum products are produced, coke (a form of coal) and sulfur. Traditionally, the sulfur has been stored as a liquid and shipped to market via liquid rail cars. Currently, FHR is looking for new markets and is proposing to solidify the sulfur in asphalt lined basin originally constructed for storm water storage. Bulk material storage is currently only permitted indoors in the HI -Heavy Industrial zoning district and FHR is requesting a text amendment to allow bulk material storage outdoors to allow for the solidification of sulfur. Mr. Zweber paused to give the Commissioners a chance to ask questions about the actual storage proposal before explaining the text amendment process. S Commissioner Irving asked how much research was conducted with respect to the environmental impacts particularly with Rich Valley Boulevard so close to the storage and whether or not there should be a setback requirement imposed. Mr. Zweber replied that the government agencies required to review this proposal have requirements on air quality and the like and it will be reviewed and approved by those agencies to ensure accuracy of the proposal. The City will be imposing requirements such as screening and whether or not the storage can be above or below ground, not environmental issues. Commissioner Demuth asked if the integrity of the asphalt is minimized. Mr. Zweber replied that the Applicant would be better to answer that question. Commissioner Messner asked if there will be a time limit imposed on how long the material can be stored in the containment areas. Mr. Zweber replied that the time limit will be addressed directly within the IUP should the Commission choose to address that issue. By making it an IUP and not a CUP, the City is inferring that it will not be permanent. Mr. Zweber continued his presentation with an explanation of the standards within the text amendment process. The Applicant, Lowell Miller Stolte, Flint Hills Resources, approached the Commission to answer questions. Commissioner Irving asked about the impact to the road and the area surrounding the storage. Mr. Stolte replied that to research the environmental impacts, Flint Hills took the worst case conditions with the sulfur and did modeling to look at emissions and progressed the rates. He stated that the tests did not exceed the standards. To answer Commissioner Demuth's question about the integrity of the asphalt, Mr. Stolte replied that it could affect the integrity of the asphalt if the sulfur was poured continuously in the same spot. However, he stated that Flint Hills spreads the sulfur out evenly in blocks to maintain the integrity. PLANNING COMMISSION REGULAR MEETING MINUTES MAY 26, 2009 PAGE 3 Commissioner Schwartz had several questions for the Applicant including what the procedure would be if storage exceeded a year, what the process consisted of in pouring the sulfur, how the smell of the sulfur would be dealt with and how flammable the sulfur is. Mr. Stolte replied that it is unlikely that storage will be more than a year. The proposed area will hold up to 180 days worth of sulfur and if the product isn't being distributed, the product will have to be stored elsewhere. Mr. Stolte explained the process of when the sulfur is poured and stated that the smell is stronger at night when there is no wind as wind disperses the odor. Mr. Stolte further explained that sulfur is as flammable as coal or petroleum; it would take some effort to light it. Commissioner Irving asked if the area would eventually become a landfill if the market is slow and the product doesn't move. Mr. Stolte replied that they would build another basin so there would be an empty basin every 70 days. Mr. Zweber added that the IUP addresses two issues: the timing of how long the sulfur can remain onsite; and provisions to ensure that the outdoor storage will not remain indefinitely. He stated the IUP will be in effect for a period of time. However, Mr. Zweber stated that the recommendation at tonight's meeting only sets up conditions in the event outdoor storage is approved. The public hearing was opened at 7:31p.m. There were no public comments. MOTION by Messner to close the public hearing. Second by Irving. Ayes: 5. Nays: None. Motion approved. Public hearing was closed at 7:31p.m. Commissioner Messner mentioned the possibility of other proposed sites for outdoor storage and questioned the standards for the height of accessory structures and land use percentage. Mr. Zweber showed the Commission on a land use map the other possible sites for outdoor storage. He further stated that the height limitation of accessory structures is 75 feet in height with a 50 foot setback and that typically, an accessory use is defined as 15% less land than the principal use, but staff does not think this is an accessory use. Commissioner Irving asked about the other outdoor storage sites with respect to setbacks to the river boundary. Mr. Zweber explained the flood plain boundary and the setbacks involved from the hundred year flood plain elevation. MOTION by Messner to recommend that the City Council approve a Text Amendment to add Outdoor Bulk Material Storage as an Interim Use to the HI -Heavy Industrial Zoning District by adding the following text: 11- 4-16 -1 E. Interim Uses: Outdoor Bulk Material Storage and Processing, subject to the following: 1. The bulk material is essential to the operation of the principal use of the site. 2. Processing of the bulk material is limited to changing the size of the material or changing the state of the material from liquid to solid. No blending or otherwise changing the chemical composition of the material is permitted to occur outdoors. 3. The bulk material is nonputrescible. 4. The leachate from the bulk material is contained, collected, and treated through a waste water treatment system in compliance with State, County, and local regulations. 5. The area used for bulk material storage is no more than 15% of the land area used by the principal structure. PLANNING COMMISSION REGULAR MEETING MINUTES MAY 26, 2009 PAGE 4 6. The height of any stockpile of bulk material stored outdoors shall not exceed fifty (50) feet. 7. All outdoor bulk material storage shall be set back and screened as outlined below. In no case shall the outdoor storage of bulk material be located within 350 feet of any public right -of -way or property line. a. If an outdoor storage area is located between 350 feet and 600 feet of a public right of way, it shall be screened from eye level view from the public right of way by a one hundred percent (100 opacity screen to a height equal to the items being screened, but not more than thirty five (35) feet. Screening shall be accomplished by buildings, structures, landscaping and berming, natural topography, screening wall, or a combination thereof. Any screening wall shall be made of a masonry material and shall not extend more than 300 feet without a change in architecture to reduce its mass and appearance. b. If an outdoor storage area is located between 600 feet and 1,000 feet from a public right of way, it shall be screened from the eye level view from the public right of way by a seventy five percent (75 opacity screen to a height equal to the items being screened but not more than thirty five feet (35 Screening shall be accomplished by buildings, structures, landscaping and berming, natural topography, screening wall, or a combination thereof. Any screening wall shall be made of a masonry material and shall not extend more than 300 feet without a change in architecture to reduce its mass and appearance. c. If an outdoor storage area is located more than 1,000 feet from a public right of way, no screening shall be required. Second by Irving. Ayes: 5. Nays: 0. Motion approved. As follow -up, Mr. Zweber stated that this item will go before the City Council at the next regularly schedule meeting on June 16, 2009. Old Business: None. New Business: None. Reports: Mr. Zweber reminded the Commission of the Planning Commission meeting on June 9, 2009, and that there will not be a meeting on the fourth Tuesday of the month, June 23, 2009. Mr. Zweber further stated that the City Council approved the 2030 Comprehensive Plan on Tuesday, May 19, 2009. The Metropolitan Council now has 120 days to review the comp plan. If the plan comes back with substantial changes, staff will bring the changes to the Planning Commission for review and consideration. Adjournment: There being no further business to come before this Commission, Commissioner Schwartz made a motion to adjourn. The motion was seconded by Commissioner Demuth. Upon unanimous decision, the meeting was adjourned at 7:44p.m. Respectfully Submitted, PLANNING COMMISSION REGULAR MEETING MINUTES MAY 26, 2009 PAGE 5 Kathie Hanson, Recording Secretary PLANNING COMMISSION REGULAR MEETING MINUTES JUNE 9, 2009 PAGE Call to Order: Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, June 9, 2009. Chairperson Ege called the meeting to order at 6:30p.m. with Commissioners Messner, Irving and Demuth present. Commissioner Schwartz was absent. Also in attendance were Senior Planner Zweber, Planner Lindahl, and Recording Secretary Hanson. The Pledge of Allegiance was read. Additions to Agenda: None. Audience Input: None. Consent Agenda: a. Approval of the May 12, 2009 Regular Meeting minutes. b. Approval of the May 26, 2009 Regular Meeting minutes. MOTION by Messner to approve the Consent Agenda. Second by Irving. Ayes: 4. Nays: None. Motion carried. Public Hearings: Chairperson Ege recessed the regular Planning Commission meeting and opened the Board of Appeals and Adjustments meeting at 6:32p.m. 5.a. Case 09 -10 -V Green Variance (12380 Blanca Avenue). Request for Variance from 30 to 35 Percent Impervious (Hard) Surface Coverage to Allow Construction of a Three Season Porch Addition. Planner Lindahl reviewed the staff report. The applicants, Brian and DeAnn Green, request a variance from 30 to 35 percent impervious (hard) surface coverage. The variance would allow the construction of a three season porch addition to the applicant's existing single family home located at 13341 Cranford Circle. The variance is necessary to allow construction of the three season porch because the applicants' property already exceeds the 30 percent maximum impervious surface standard. Mr. Lindahl stated that staff recognizes the size of the lot combined with the development standards of the R -1 district place development limitations on this and all other properties. To receive the requested variance the applicants have the legal obligation to demonstrate they have a hardship unique to their property that prevents them from meeting the City's development standards. In this case, Mr. Lindahl stated that staff finds the applicants have not met this legal requirement and therefore must recommend denial of their request. This recommendation is based on the information submitted by the applicant and the findings made in this report. Should the Board of Appeals reach a different conclusion, that conclusion must be supported with legal findings of fact supporting a hardship. Commissioner Demuth asked if possibly a properly designed rain garden would be a solution to the drainage issue. Mr. Lindahl stated that he is not an engineer so he would not be able to say whether or not that would work. However, Mr. Lindahl stated that drainage is only one of three reasons to 411 the rational for having impervious coverage standards; open space and density are the other two. PLANNING COMMISSION REGULAR MEETING MINUTES JUNE 9, 2009 PAGE 2 Commissioner Irving asked if the Association in the neighborhood had a separate standard for surface coverage. Mr. Linclahl stated that staff is unaware of any such standard in the Association's bylaws. He further stated that the City's role in the agreement between the Association and the homeowner usually ends at the time of approval of the development. At the very least, the Association's standards cannot be less restrictive than the City standards. Applicants, Brian and DeAnn Green, 13341 Cranford Circle, approached the Commission and stated they built their home in 2001. They contacted Mr. Lindahl when their building permit for the 3- season porch was denied because they would be exceeding the 30% surface coverage standard. Mr. Green stated that a hardship was created when they were not informed of how close they were to exceeding the surface coverage standard when their home was built with just the foundation, sidewalk and driveway bringing them to 29.6 Now, they are requesting to replace their deck with a smaller screened in porch. Mr. Green also stated that most of their neighbors have installed 3- season porches without permits, either because they didn't check with the City or their builders did not know of the requirements. The Greens contacted area builders to survey whether or not they knew of the City's permit requirements and two out of three claimed they did not know of the requirement. Mr. Green went on further to address the five variance standards. 1. Mr. Green stated that adding a 3- season porch will not be detrimental or affect the health, welfare or safety of the public. He stated it would add to the aesthetics of their home and increase the beauty of the neighborhood. 2. With respect to the requirement that a hardship would be created, Mr. Green stated again that the fact they were already at 29.6% was never brought to their attention and had they known, they would have chosen a different lot. He stated that the lot sizes agreed to with D.R. Horton are restrictive and unfair. 3. Mr. Green stated that the size of their lot and home creates an extraordinary circumstance. He stated their lot is 17% smaller than the mean lot size in the neighborhood. Only two other instances of this issue have come up in the City and both are in the Evemoor development. 4. Mr. Green stated that if they were not allowed to build the 3- season porch, they would be deprived of equal enjoyment as other homeowners who are over the 30% standard. Mr. Green then showed the Commission a spreadsheet comparing the surface coverage percentages of other homeowners in the neighborhood. 5. Mr. Green stated he was in agreement with the staff report on standard #5 that granting of the variance will not allow a use which is otherwise not permitted. However, he reiterated that they have a hardship and are not being allowed to utilize their property as others in the neighborhood are. Mr. Green added three additional comments. One, their request is adding to the value of their home at a time in the economy when the value of homes is decreasing. Two, Mr. Green stated that Mr. Lindahl said they could replace their current deck from cedar board to a maintenance free decking material creating a draining surface similar to the proposed porch roof in their request. However, decks are not included in the impervious surface definition. Third, Mr. Green stated that under their current deck which is five feet off the ground is rock and plastic which creates an impervious surface. They do not feel adding a screened in porch in place of the deck would change the impervious surface on the lot. To address the City's concerns with the aesthetics, Mr. Green stated that they have received written 411 approval from the Association for the home improvements and their neighbors have no concerns. With respect to the City's concerns on increasing the impervious surface, Mr. Green stated that PLANNING COMMISSION REGULAR MEETING MINUTES JUNE 9, 2009 PAGE 3 they feel they have a hardship due to the size of their home and lot and the fact they had no knowledge of the impervious surface limitations. He went on to provide four solutions to the water drainage from the proposed porch: 1) install perforated drain tile to the downspouts under the porch; 2) leave the gutters and downspouts off the porch to dissipate the water similar to maintenance -free tongue and groove decking material; 3) install rain barrels beneath the downspouts; or 4) remove the concrete patio and replace with a paver brick patio. The builder for the Greens, Wayne Wenzel with Wenzel Construction, approached the Commission to explain the perforated drain tile option which would be the applicant's preferred method. In conclusion, Mr. Green stated that they feel they are being denied the use and enjoyment of their property similar to others in the neighborhood; a hardship was created when they were not made aware of the impervious coverage standard and how close they were to exceeding it after their home was built; their home is a similar situation to those included in the PUD Amendment mentioned in the staff report; and they have provided a solution to the drainage problem in a manner more effective than what they currently have in place. Chairperson Ege asked why the surface coverage of their lot wasn't noted on the permit prior to construction. Mr. Lindahl stated it was an oversight made by staff at a time when permit levels were high and staff levels increased accordingly. However, Mr. Lindahl stated that it is not staff's responsibility to inform all residents of how close they are to exceeding the standards and the standards in the ordinances are available for review if any resident chooses to review them. Residents are responsible for looking at the requirements when building a home. Chairperson Ege asked about the discrepancy in the PUD Amendment percentages mentioned in the staff report. Mr. Lindahl stated that the impervious coverage increase was granted for 35% for the entire neighborhood but some targeted areas were granted up to 43% to accommodate those lots. Chairperson Ege questioned the confusion on the builders' parts on whether or not a permit is needed. Mr. Lindahl stated that the City tries to inform residents and contractors of the City's standards but it is the responsibility of the homeowner to know what is required. He stated that in his experience, reputable contractors know the requirements. Senior Planner Zweber added that the City's website contains all forms and brochures that list what items are needed for permits. Also, the Building Department in City Hall provides brochures on all different types of permits required. Mr. Zweber also stated that City staff has attended home and garden shows providing information to the public and the City's spring newsletter consistently lists different types of projects that require a permit. Commissioner Irving stated that he felt ignorance of the law is not a defense and does not see that the applicant has proved that a hardship has been created. However, he asked staff to respond to the applicant's drainage options. Mr. Lindahl stated that neither he nor Mr. Zweber is an engineer and are unable to address specific drainage questions. He further stated that drainage is only one of three issues to be addressed. DeAnn Green approached the Commission again and stated that they are not asking the Commission to allow them to utilize their property differently than anyone else in the neighborhood; they are simply asking for the same use and enjoyment as their neighbors. PLANNING COMMISSION REGULAR MEETING MINUTES JUNE 9, 2009 PAGE 4 Commissioner Irving asked Mr. Lindahl what the other two reasons were to have impervious surface coverage standards. Mr. Lindahl stated that drainage is only one of three reasons; open space and density being the other two. Brian Green stated that with respect to density, the City will allow a dense neighborhood like Evermoor when a developer requests it. Commissioner Messner stated that situation involved a PUD amendment, not a variance which is a different situation. DeAnn Green then stated that if their lot could have been addressed by their builder at the time their house was built and had they known of the lot constraints at the time, they would not be requesting this variance. The public hearing was opened at 7:46p.m. Paul Keller, 13270 Creggs Circle, Rosemount, approached the Commission and stated that he doesn't see any negative impact to the property values if the variance was granted and he is in support of the project. Janet Reese Goodson, 13276 Creggs Circle, Rosemount, approached the Commission and stated she lives directly behind the applicant and has come to know the family. She stated she does not feel that allowing a 3- season porch is going to affect the density or aesthetics of the neighborhood. MOTION by Messner to close the public hearing. Second by Demuth. Ayes: 4. Nays: None. Motion approved. Public hearing was closed at 7:47p.m. Commissioner Irving expressed his feeling that he is not against the idea of the 3- season porch and does not feel that the home values will be decreased. However, he stated that he does not want to set a precedent for other homeowners to request the same action. He suggested the Greens use the appeal process and come back with an ordinance change. Chairperson Ege asked if this variance was approved and other homeowners would do the same thing, whether or not drainage would become an issue throughout the whole neighborhood. Mr. Lindahl stated that the current drainage system in the neighborhood is designed to work at the current density level, but if the density level is increased continuously, eventually the system could be affected. He then reiterated the fact that drainage is only part of the surface coverage standard. Commissioner Messner stated that it is impractical for City staff to inform everyone in the community of every standard that applies to their property. He stated that while he sympathizes with the fact that the homeowners did not know of the standards and that other homeowners in their neighborhood have not complied with the standards, he would not be able to support the variance. He stated that a possible next step may be to look at the ordinance. MOTION by Messner to deny the applicant's request for a variance from 30 to 35 percent impervious surface coverage to allow the construction of a three season porch addition to the property at 13341 Cranford Circle, based on the following findings: 1. The applicants have reasonable use of their property without the variance. 2. Granting this variance would be detrimental to other property owners in the R -1 district by giving the applicants additional property rights not offered to other properties in the same zoning district. PLANNING COMMISSION REGULAR MEETING MINUTES JUNE 9, 2009 PAGE 5 3. Enforcement of the 30 percent impervious surface coverage standard will not create a hardship inconsistent with the Zoning Ordinance or Comprehensive Plan. 4. There are no unique circumstances or conditions applicable to the applicants' property that do not apply to other properties in the R -1 district. 5. Strict or literal interpretation of the ordinance will not deprive the applicants of the use and enjoyment of their property in a manner similar to other owners in the same zoning district. Second by Demuth. Ayes: 3. Nays: 1. Motion approved. To explain her dissenting vote, Chairperson Ege stated that while she is in favor of the code, rules and standards and she agrees with Commissioner Messner that a survey cannot supply all pertinent information, she stated that based upon the other homeowners in the neighborhood that are non compliant and that the other neighbors are supportive of the variance, she feels approving the variance would not be precedent setting. Roll was taken: 411 Ayes: Messer, Demuth, Irving Nays: Ege As follow -up, Mr. Lindahl stated that decisions made by the Board may be appealed to the City Council by the applicant, the Zoning Administrator, a member of the City Council or any person owning property or residing within three hundred fifty feet (350) of the property affected by the decision. All appeal requests must be filed with the Planning Department within ten (10) working days of the action by the Board of Appeals and Adjustments. Chairperson Ege recessed the Board of Appeals and Adjustment Meeting and re- convened the regular Planning Commission meeting at 7:59p.m. 5.b. Case 09 -14 -CUP Request by Skylar Rekstad for a Conditional Use Permit to establish a teen club named Solaris Nightclub and Lounge. Senior Planner Zweber reviewed the staff report. Skylar Rekstad has requested a conditional use permit (CUP) to establish a 4,200 square foot teen club named Solaris Nightclub and Lounge in the former Irish Loon and Big Daddy spaces of the Loch -Blake building. The teen club is proposed to operate from 8 pm to 2 am on Thursdays, Fridays, Saturdays, and Sundays. A teen club would most appropriately be defined as an indoor recreation land use requiring a CUP. Mr. Zweber stated that staff recommends that the Planning Commission open the public hearing, take public comment, and continue the public hearing to the July 28 Planning Commission meeting, but not take any formal recommendation on the CUP request. He recommended that the Planning Commission continue the public hearing to the July 28 Planning Commission meeting to allow staff to determine what are the proper conditions to be imposed upon the CUP and discuss with City Council the option of developing a business license ordinance to address the conditions necessary for teen clubs and other similar 411 indoor recreation establishments. PLANNING COMMISSION REGULAR MEETING MINUTES JUNE 9, 2009 PAGE 6 Commissioner Irving stated he is a parent of children in the community and his children frequent the Garage in the City of Burnsville. He stated he preliminarily disagrees with posing undue regulations on the applicant with a business license more than other businesses in the City such as Shenanigans. He further stated his disagreement with proposing a limit on the number of days and which days the business can be open. Commissioner Irving stated he agrees that it would be good for the business to have security cameras but to require them to provide the cameras would be an excessive standard if it is not required of all city businesses or not written in the code or license. He stated his agreement with security in front of the building and police having access. At this point, he stated the applicant's request meets the requirements and standards. Chairperson Ege stated that when the daycare came to the Planning Commission with their application, she had concerns with the concept and it seems to be running fine. However, she stated she would like to hear comments from the area businesses such as the daycare and First State Bank. She asked Mr. Zweber if the building is currently up to code. Mr. Zweber replied that the building is up to the standards of the last time a permit was applied for. He stated that when the new applicant applies for a building permit, they will need to bring the building up to current standards. Chairperson Ege added that she prefers the business not be called a nightclub or a lounge because it will be for minors and those titles infer something it is not supposed to be. She requests that the outside signage not contain the word "nightclub" or "lounge Commissioner Messner stated that the applicant is proposing the operation hours of Thursday through Sunday, 8:00p.m.- 2:00a.m., not the City, and he stated that they seem like legitimate days and times of operation. He further stated that it is also the applicant proposing the security guards and cameras and the City stated that it was reasonable given the amount of people proposed in the space. Mr. Messner stated his main concern would be the parking. Commissioner Irving clarified his comment that he would not want the business to be restricted to only being open during those proposed operation times. With respect to the security, Mr. Zweber stated that they would not be so specific in the ordinance to require a certain number of security guards, but only require that adequate security be provided. Commissioner Demuth stated she also has concerns with the parking and the entrance off of Highway 3. She is concerned with teenaged drivers pulling into traffic onto Highway 3 and possibly causing accidents. She wondered if that could be an entrance only and not an exit. Applicant's attorney, Dave Keller, approached the Commission. The applicant was not able to attend the meeting due to business obligations. Mr. Keller stated that the applicant understands the conditions and the performance standards and is willing to comply. However, he stated that the zoning and land use item is the issue before the Planning Commission at tonight's meeting and the applicant requests the Commission to make their consideration strictly on a planning standpoint and allow the applicant to move ahead on the building license issue with the Council and City Attorney at a future meeting. Mr. Keller requested the Commission not penalize the applicant simply because the City does not have the proper license to handle this type of business. He stated time is of the essence and the applicant is requesting a decision tonight based on the law at hand. Commissioner Irving stated he believed the applicant meets the requirements from a CUP standpoint with occupancy aside. He asked Mr. Zweber if the occupancy needs to be dealt with now or at the time of the building permit. Mr. Zweber replied that occupancy should be dealt with now because occupancy can be tied to parking requirements. In the downtown zoning district, PLANNING COMMISSION REGULAR MEETING MINUTES JUNE 9, 2009 41111 PAGE 7 there is no parking requirement and businesses such as the bank and the daycare have a joint parking access. Mr. Zweber stated the applicant can certainly share parking with the bank if operation hours are different, but they still need to meet the parking requirements and occupancy is connected with the number of cars in the parking lot. Commissioner Messner asked Mr. Keller if the applicant is opposed to a building license. Mr. Keller replied that the applicant is opposed to delaying the project in order for an ordinance to be adopted to create a business license. Commissioner Messner then asked Mr. Zweber if the project would fall under the current downtown zoning code as it relates to applying for a CUP. Mr. Zweber replied that the business would be considered an indoor recreational activity and the reason staff is requesting the item be tabled is to be able to identify all items which are a condition of a CUP and which items are a condition of a business license to be addressed by the City Council to decide whether or not a new ordinance needs to be created to support such a license. He further stated that the City is well within their rights to table the item. Commissioner Irving stated he did not understand why a conditional use permit would not be granted at tonight's meeting when at the last Planning Commission, both an ordinance change and license request was approved and other details were left up to the government agencies to review. He stated that this applicant should be treated the same and leave the other details up to the City Attorney or police to monitor. Mr. Zweber stated that staff is often comfortable deferring licensees if there are other agencies reviewing details of the license. However, he stated, in this respect, there are no other agencies to regulate the uses. He further stated that until staff can identify who would be responsible for the safe operation of the business, staff does not feel comfortable passing on the license. The Planning Commission deals with the strict part of city regulation but does not deal with everything the city does. Staff needs to determine what issues are for the Planning Commission to review and determine what other departments of the City need to be involved. Chairperson Ege stated she feels it is good to continue this item to allow staff to do more research. She stated that if the Police Chief has concerns, the public is entitled to hear comments from the Police Chief at the meeting on July 28 Mr. Keller approached the Commission again and stated that he was once a city attorney for 24 years and believes that if you have a specific area in which you are dealing in such as planning, and have existing rules to abide by, then he feels the Commission should abide by those existing rules rather than change zoning ordinances which may not be appropriate. The public hearing was opened at 8:51p.m. Chris Rekstad, 14687 Cimmaron Avenue, approached the Commission and stated he is the applicant's father. He stated that it was difficult for the applicant to find places to hang out when he was 16 -20 years old and wants to provide a place for area teens. He stated there will be absolutely no alcohol whatsoever on the premises so there will be no way for a minor to gain alcohol when they are there. With the security, Mr. Rekstad stated they want to make sure parents are aware that every kid has a safe place to have a good time. There were no further public comments. MOTION by Ege to continue the public hearing to July 28, 2009. Second by Demuth. Ayes: 3. Nays: 1 (Irving). Motion approved. PLANNING COMMISSION REGULAR MEETING MINUTES JUNE 9, 2009 PAGE 8 Mr. Zweber stated that this item will be continued to the Planning Commission meeting on Tuesday, July 28, 2009. He stated the Commission can expect to have two motions: 1) approve or deny the CUP; and 2) recommend the City Council to consider a business license and any issues that should be considered within a business license. Staff will contact the Council to discuss if they wish to proceed with a draft ordinance and if so, will work to revise the business regulations ordinance appropriately. Old Business: None. New Business: None. Reports: None. Adjournment: There being no further business to come before this Commission, Commissioner Messner made a motion to adjourn. The motion was seconded by Commissioner Irving. Upon unanimous decision, the meeting was adjourned at 8:59p.m. Respectfully Submitted, Kathie Hanson, Recording Secretary PLANNING COMMISSION REGULAR MEETING MINUTES JULY 28, 2009 PAGE 1 Call to Order: Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, July 28, 2009. Chairperson Ege called the meeting to order at 6:30p.m. with Commissioners Messner, Irving, Schwartz and Demuth present. Also in attendance were Senior Planner Zweber, Planner Lindahl, Police Chief Kalstabakken, Project Engineer Dawley, Community Development Lindquist, City Administrator Johnson and Recording Secretary Hanson. The Pledge of Allegiance was read. Additions to Agenda: None. Audience Input: None. Consent Agenda: a. Approval of the June 9, 2009 Regular Meeting minutes. b. Glendalough Addition Final Plat US Home Corporation (09- 17 -FP). c. Glendalough 2n Addition Final Plat US Home Corporation (09- 18 -FP). MOTION by Schwartz to approve the Consent Agenda. Second by Messner. Ayes: 5. Nays: None. Motion carried. Public Hearings: 5.a. Continuation of Request by Skylar Rekstad for a Conditional Use Permit to establish a dance club named Solaris Nightclub and Lounge (09 -14 -CUP). Senior Planner Zweber reviewed the staff report. Skylar Rekstad has requested a conditional use permit (CUP) to establish a 4,200 square foot dance club named Solaris Nightclub and Lounge in the former Irish Loon and Big Daddy spaces of the Loch -Blake building. This is a continuation of the public hearing opened at the regular Planning Commission meeting on June 9, 2009. The public hearing was continued to allow staff to determine details with respect to the business license requirements for dance clubs. Mr. Zweber stated that the applicant, Skylar Rekstad, just handed him a letter requesting the item be tabled to allow him to explore other locations that may be more suitable for the club pursuant to the requirements of the business license. Commissioner Irving asked if the dance club definition in the business license language would exclude adult dance clubs serving alcoholic beverages. Mr. Zweber stated that the license for dance clubs would only be for clubs not serving alcoholic beverages. A liquor license would be required if the business were to serve alcoholic beverages and then a separate dance club license would not be required. The public hearing was continued at 6:40p.m. Jill Judy, 15621 Cornell Trail, stated she is 18 years of age and frequents the clubs Spin and Valentino which are clubs that cater to kids under 21. She stated she hasn't experienced any problems with these clubs because of the security and procedures they have in place. She states the atmosphere is totally safe and it would be nice to have such a club in the Rosemount community to keep the kids in town closer to home. She quoted the vision of the City as found on the website stating the City of PLANNING COMMISSION REGULAR MEETING MINUTES JULY 28, 2009 PAGE2 Rosemount "attracts residents of all ages" and so far, the City does not offer much for 16 -20 year olds. There were no further public comments. MOTION by Messner to close the public hearing. Second by Schwartz. Ayes: 5. Nays: None. Motion approved. Public hearing was closed at 6:44p.m. MOTION by Messner to table the application until further notice. Second by Demuth. Commissioner Schwartz stated her appreciation to Ms. Judy for her comments. She agrees that the Solaris Nightclub would be a good addition to the City of Rosemount for area teenagers. Ayes: 5. Nays: None. Motion approved. As follow -up, Mr. Zweber stated staff will keep in contact with the applicant and in the meantime, the business license will be going to the City Council for a second reading on August 3, 2009. 5.b. Request by Flint Hills Resources for an Interim Use Permit for the Storage of Bulk Material (Sulfur) Outdoors (09- 16 -IUP). Senior Planner Zweber reviewed the staff report. Flint Hills Resources, LP operates a petroleum refinery in north central Rosemount (and a small portion in southern Inver Grove Heights). Through the refining process, two non petroleum products are produced, coke (a form of coal) and sulfur. Traditionally, the sulfur has been stored as a liquid and shipped to market via liquid rail cars. Currently, Flint Hills is looking for new markets and is proposing to solidify the sulfur in asphalt lined basins originally constructed for storm water storage. Mr. Zweber stated that Flint Hills Resources is requesting an interim use permit to allow the outdoor storage of the solid sulfur and staff is recommending approval. Chairperson Ege asked how the one year time period is going to be regulated. Mr. Zweber stated that staff anticipates the applicant will provide written reports on how the material is being handled. Commissioner Messner asked if the requirement of no more than 15% of land area applies generally within the HI zoning district. Mr. Zweber replied that any business within the HI district wanting to have outdoor storage would be held to that standard. Commissioner Demuth asked for a better explanation of the stormwater process once the stormwater basins are used for sulfur storage. Project Engineer Dawley gave an explanation of how the stormwater will be handled on the site. Commissioner Irving expressed his concern of expecting the applicant to provide reports when they are not required to do so. Mr. Zweber stated that a condition can be added that reports should be provided but added that the City has a good relationship with Flint Hills and has continued contact with them. Commissioner Irving stated that since this request required an ordinance change and is a new situation, he would feel better if reporting was required and possibly have City staff be in contact with the other Minnesota agencies involved. Mr. Dawley stated that the applicant has already provided the City with a very inclusive stormwater prevention plan and that they are responsible for reporting to the other Minnesota agencies. Mr. Zweber added an explanation of how all of the required permits work together and what is required of the applicant. The applicant, Lowell Miller Stolte, approached the Commission and stated that Flint Hills could copy the City on the report they PLANNING COMMISSION REGULAR MEETING MINUTES JULY 28, 2009 PAGE 3 are required to file with the MPCA. The public hearing was opened at 7:05p.m. There were no public comments. MOTION by Schwartz to close the public hearing. Second by Messner. Ayes: 5. Nays: None. Motion approved. The public hearing was closed at 7:05p.m. Commissioner Messner stated he liked the idea of adding a requirement for the applicant to provided annually reporting. Chairperson Ege inquired as to what the reporting would entail. Mr. Zweber stated that it could be similar to mineral extraction reports staff receives containing what kind of material and how much is processed. He stated staff can give direction to Flint Hills as to what type of report is needed. MOTION by Schwartz to recommend the City Council approve an Interim Use Permit to Flint Hills Resources for the Storage of Bulk Material (Sulfur) Outdoors, subject to the following conditions: 1. The Interim Use Permit shall expire December 31, 2012. 2. Compliance with all the conditions and standards of City Code Section 11- 4-16 -1 E. Interim Uses: Outdoor Bulk Material Storage and Processing. 3. Each batch of solidified sulfur shall not be stored on the Flint Hills site for a period longer than one (1) year from the date that it has been solidified. 4. A written annual report shall be provided to City of Rosemount staff indicating the progress of the sulfur storage and may be provided through a copy of the MPCA report or some other manner as determined by city staff. Second by Irving. Ayes: 5. Nays: None. Motion approved. As follow-up, Mr. Zweber stated this item will go before the City Council at their regular meeting on August 18, 2009. 5.c. Text Amendment to Prohibit Trailer Parking in C -2 Zoning District (09- 19 -TA). Senior Planner Zweber reviewed the staff report. There are several businesses looking at vacant retail space within the City's Downtown. One of the businesses indicated they would like to store equipment relating to their business within the designated parking area of the site. Mr. Zweber stated that staff believes that trailer storage, for intermittent use by a tenant, is not desired in the Downtown, given the design and performance standards discussed for this area of the community. He also stated that staff believes that there was no anticipation of outside storage of trailers given the permitted uses within the district. Therefore, Mr. Zweber stated that staff is recommending an ordinance amendment that would prohibit trailer storage and overnight parking within the approved parking areas of the site. Commissioner Messner stated he feels the motion isn't clear with respect to approved parking areas and wondered if it could be changed. Mr. Zweber replied that the motion could be revised to read "recommend the City Council approve the Text Amendment to the Zoning Ordinance as provided 41 1 in Ordinance B- 202." PLANNING COMMISSION REGULAR MEETING MINUTES JULY 28, 2009 PAGE 4 Commissioner Schwartz asked if this would include semi trailers still attached to the tractor and Mr. Zweber replied that it would. Commissioner Irving gave an example of smaller businesses that need to bring in animal feed and asked how the ordinance would apply to them. Mr. Zweber stated that the types of businesses that are allowed in the downtown districts are mainly entertainment type businesses that do not require that type of storage. The public hearing was opened at 7:17p.m. Kurt Bills, 15365 Danville Avenue, approached the Commission and asked if Fluegels is in the C -2 District and if so, how the ordinance change would affect their business. Mr. Zweber stated that Fluegels is zoned C -2 and therefore, they would fall within the definition of a non conforming use. He stated that staff met with Fluegels to discuss their business activities and Fluegels does not believe this would impact their business with the way the ordinance is written. Commissioner Irving asked how businesses like Master Transmission or a Genz Ryan type business would be affected. Mr. Zweber replied that Master Transmission is zoned C -3 so they are not included. He stated that the former Genz Ryan business was a non conforming use but as part of the Downtown Framework, that particular location is sited for redevelopment for businesses allowed in the C -2 zoning district. There were no further public comments. MOTION by Ege to close the public hearing. Second by Messner. Ayes: 5. Nays: None. Motion approved. The public hearing was closed at 7:20p.m. MOTION by Irving to recommend the City Council approve the Text Amendment to the Zoning Ordinance prohibiting overnight parking and storage of trailers in the C -2 zoning district. Second by Ege. Ayes: 5. Nays: None. Motion approved. As follow -up, Mr. Zweber stated this item will go before the City Council at their regular meeting on August 18, 2009. Old Business: None. New Business: None. Reports: None. Adjournment: There being no further business to come before this Commission, Commissioner Messner made a motion to adjourn. The motion was seconded by Commissioner Irving. Upon unanimous decision, the meeting was adjourned at 7:21p.m. Respectfully Submitted, Kathie Hanson, Recording Secretary PLANNING COMMISSION REGULAR MEETING MINUTES AUGUST 25, 2009 PAGE 1 Call to Order: Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, August 25, 2009. Chairperson Ege called the meeting to order at 6:30p.m. with Commissioners Messner, Irving, and Schwartz present. Commissioner Demuth was absent. Also in attendance were Senior Planner Zweber, Planner Lindahl and Recording Secretary Hanson. The Pledge of Allegiance was read. Additions to Agenda: Senior Planner Zweber stated that Skylar Rekstad has submitted a letter withdrawing his application for a conditional use permit and therefore, item 5.a., Continuation of Request by Skylar Rekstad for a Conditional Use Permit to establish a dance club named Solaris Nightclub and Lounge (09 -14 -CUP) should be removed from agenda. Audience Input: None. Consent Agenda: a. Approval of the July 28, 2009 Regular Meeting minutes. MOTION by Schwartz to approve the Consent Agenda. Second by Ege. Ayes: 4. Nays: None. Motion carried. Public Hearings: 5.b. The Rottland Company Major PUD Amendment in Harmony Addition (09- 22 -AMD). Planner Lindahl reviewed the staff report. The applicant, Rottlund Company, Inc., requests a Major Amendment to the Harmony (formerly Brockway) Area Planned Unit Development (PUD). As proposed, the amendment would allow substitution of the new Easton townhouse product for the originally approved Urban Villa townhouse product. This substitution would take place only on the lots originally assigned to the Urban Villa product in Harmony 5 Addition. Mr. Lindahl reviewed the elevation plans and differences in the proposed design. Commissioner Schwartz asked for an explanation of what areas the homeowners' association will be responsible for maintaining. Deb Ridgeway with Rottlund Homes approached the Commission and stated the homeowners' association will be responsible for all of the exterior of these buildings including decks, stairs, siding, and roofing. Commissioner Messner asked for an explanation of which unit will extend past the 20 foot encroachment area and Mr. Lindahl showed the Commission on a parcel map. Commissioner Messner asked if this is close to the area where a PUD amendment was previously approved to remove apartments and a senior housing area. Mr. Lindahl showed that area is just south of the currently discussed area. The public hearing was opened at 6:44p.m. There were no public comments. MOTION by Irving to close the public hearing. Second by Messner. Ayes: 4. Nays: None. Motion approved. The public hearing was closed at 6:45p.m. PLANNING COMMISSION REGULAR MEETING MINUTES AUGUST 25, 2009 PAGE 2 Commissioner Schwartz stated her agreement that the new design would be a preferable design and the exterior enhancements are a good improvement. MOTION by Irving to recommend the City Council approve a Major amendment to the Harmony Area Planned Unit Development (PUD) Agreement allowing substitution of the Easton Townhome for the Urban Villa Townhome, subject to the following conditions: 1. Revise the covered front decks on the three units on Lot 3, Block 7, Harmony 5t Addition to include staircases and sidewalks connecting to the public sidewalk and trail system. Second by Schwartz. Ayes: 4. Nays: None. Motion approved. As follow -up, Mr. Lindahl stated this item will go before the City Council at their regular meeting on September 15, 2009. 5.c. Dakota County Technical College Planned Unit Development Master Development Plan with Rezoning and PUD Final Site and Building Plan for a Campus Sign Plan including a Dynamic Sign (09- 21 -FDP). Planner Lindahl reviewed the staff report. The applicant, Paul DeMuth of Dakota County Technical College (DCTC), requests a Planned Unit Development (PUD) Master Development Plan with Rezoning and PUD Final Site and Building Plan applications for Dakota County Technical College for a campus sign plan including a dynamic sign. These applications are necessary to allow construction of two new freestanding ground signs in addition to permitting the existing signs in place throughout the campus. Mr. Lindahl explained the conditions of both applications. Commissioner Messner asked if the signs will interfere when the time comes to signalize those intersections. Mr. Lindahl stated that there is a considerable amount of right of way and the sign will sit 10 feet from the property line and 25 feet outside of the sight triangle. However, Mr. Lindahl stated that between the Planning Commission approval and the City Council meeting on September 15, staff can look into what the County will require for a right of way for signaling. The public hearing was opened at 7:03p.m. There were no public comments. MOTION by Messner to close the public hearing. Second by Irving. Ayes: 4. Nays: None. Motion approved. The public hearing was closed at 7:04p.m. Commissioner Irving asked if the motion for redesignating the zoning should be made before the PUD approval. Mr. Lindahl replied that it can be changed if the Commission desires but usually the master development plan approval is followed by the rezoning approval. MOTION by Schwartz to recommend the City Council adopt a resolution approving a Planned Unit Development (PUD) Master Development Plan with Rezoning and PUD Final Site and Building Plan applications for Dakota County Technical College for a campus sign plan including a dynamic sign, subject to conditions. PLANNING COMMISSION REGULAR MEETING MINUTES AUGUST 25, 2009 PAGE3 Permanent Ground Signs 1. Signs shall be located adjacent to vehicular access points to facilitate wayfinding. Any existing sign adjacent to a vehicular access drive in which the access is eliminated, shall be removed by DCTC within 60 days of the closing of the access. 2. Signs shall be spaced at least 400 feet from any other ground sign. 3. Sign setbacks from a property line shall be proportional to the height of the sign. 4. Sign height shall not exceed 15' -7 5. The sign base shall extend at least the full width of the sign face, except for architectural relief, and be constructed of high quality decorative materials consistent with existing ground signs and the principal building. Temporary Signs 1. Signs shall be located adjacent to vehicular access drives or attached to the facade of the principal structure facing a public street. 2. Signs shall be placed at least 400 feet from any other temporary sign. 3. Sign setbacks from a property line shall be proportional to the height of the sign. 4. Sign height shall not exceed 15' -7 5. The number of temporary signs shall not exceed two at any given time. 6. Each sign size is limited to 100 square feet. Second by Ege. Ayes: 4. Nays: None. Motion approved. MOTION by Schwartz to recommend the City Council adopt an ordinance rezoning the subject property from P /I, Public Institutional to P/I PUD Public Institutional Planned Unit Development, subject to conditions. Second by Messner. Ayes: 4. Nays: None. Motion approved. As follow -up, Mr. Lindahl stated this item will go before the City Council at their regular meeting on September 15, 2009. Old Business: None. New Business: None. Reports: None. Adjournment: There being no further business to come before this Commission, Commissioner Ege made a motion to adjourn. The motion was seconded by Commissioner Messner. Upon unanimous decision, the meeting was adjourned at 7:07p.m. Respectfully Submitted, Kathie Hanson, Recording Secretary 411 PLANNING COMMISSION REGULAR MEETING MINUTES OCTOBER 27, 2009 PAGE 1 Call to Order: Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, October 27, 2009. Chairperson Ege called the meeting to order at 6:30p.m. with Commissioners Messner, Irving, Demuth and Schwartz present. Also in attendance were Senior Planner Zweber, Planner Lindahl and Recording Secretary Hanson. The Pledge of Allegiance was read. Additions to Agenda: None. Audience Input: None. Consent Agenda: a. Approval of the August 25, 2009 Regular Meeting minutes. MOTION by Messner to approve the Consent Agenda. Second by Schwartz. Ayes: 5. Nays: None. Motion carried. Public Hearings: 5.a. Rosemount Lions Club Renewal of an Interim Use Permit Allowing a Seasonal Christmas Tree Sales Lot in the Paring Lot of the Rosemount Market Square Shopping Center (09 -23 -IUP). Planner Lindahl reviewed the staff report. Commissioner Demuth asked if there was a limit on how many competing tree sale lots could operate within the city. Planner Lindahl replied that the City does not have a standard governing the number of sales in the community. He further stated that the purpose of requiring an IUP is if they are a third party user, like the Rosemount Lions who are not a tenant of the property, the IUP insures the operation does not interfere with the area surrounding the site. The public hearing was opened at 6:39p.m. There were no public comments. MOTION by Messner to close the public hearing. Second by Irving. Ayes: 5. Nays: None. Motion approved. The public hearing was closed at 6:40p.m. MOTION by Messner to recommend the City Council renew the Interim Use Permit (IUP) allowing a seasonal (Christmas tree) sales lot in the northwestern portion of the Rosemount Market Square Shopping Center Parking Lot, subject to the following: 1. Conformance with all conditions outlined in the attached Interim Use Permit for 2009 through 2013. Second by Schultz. Ayes: 5. Nays: None. Motion approved. PLANNING COMMISSION REGULAR MEETING MINUTES OCTOBER 27, 2009 PAGE 2 As follow -up, Mr. Lindahl stated this item will go before the City Council at their regular meeting on November 3, 2009. Old Business: None. New Business: 7.a. Embrace Open Space. Mark Schiffman with Embrace Open Space was present at the meeting and gave a presentation on the benefits of having open space within the community. Reports: 8.a. 2030 Comprehensive Plan Update. Senior Planner Zweber stated that the Metropolitan Council has recommended approval of the City's 2030 Comprehensive Plan. The next step is to update ordinances in accordance with the new comp plan. Mr. Zweber asked the Commissioners when it would be most convenient to meet next, either November 10t or after the regular meeting on November 24` The Commissioners agreed to have a work session after the regular meeting on November 24` to begin the process. 8.b. Active Living Update. Planner Lindahl updated the Commission the efforts of the Active Living Plan in connection with the Comprehensive Plan including the Walk to School Day event with Rosemount Elementary and Shannon Park Elementary; the grants the City plans to submit; connection with Dakota County and the new Active Living coordinator recently hired there; and available SHIP funding. Adjournment: There being no further business to come before this Commission, Commissioner Ege made a motion to adjourn. The motion was seconded by Commissioner Schwartz. Upon unanimous decision, the meeting was adjourned at 7:22p.m. Respectfully Submitted, Kathie Hanson, Recording Secretary PLANNING COMMISSION REGULAR MEETING MINUTES REVISED NOVEMBER 24, 2009 PAGE1 CaII to Order: Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, November 24, 2009. Chairperson Ege called the meeting to order at 6:30p.m. with Commissioners Irving, Demuth and Schwartz present. Commissioner Messner was absent. Also in attendance were Senior Planner Zweber, Assistant City Engineer Dawley, Planner Lindahl and Recording Secretary Hanson. The Pledge of Allegiance was read. Additions to Agenda: Senior Planner Zweber stated that the Reports will be given at the work session following the regular meeting. Audience Input: None. Consent Agenda: a. Approval of the October 27, 2009 Regular Meeting minutes. MOTION by Irving to approve the Consent Agenda. Second by Schwartz. Ayes: 4. Nays: None. Motion carried. Public Hearings: 5.a. Request by Shafer Contracting to Renew their Mineral Extraction Permit through 2010 (09-28 ME). Senior Planner Zweber stated that Scott Spisak of Shafer Contracting has applied for the annual renewal of the mineral extraction permit for their property located one mile north of 135t Street East and 'A mile west of Rich Valley Blvd. (County Road 71) and that staff recommends the Planning Commission recommend approval of the renewal of the Shafer Contracting, Inc. Mineral Extraction Permit for 2010. The public hearing was opened at 6:35p.m. Charlie Koehnen, 12255 Rich Valley Boulevard, approached the Commission. Mr. Koehnen stated they are still having trouble with their water. He stated he feels Shafer is digging much deeper than the 840 foot elevation they are supposed to dig, but that the elevations that he shot at the edge of the stormwater was 841 feet. He stated there has been water in the pond all summer even through the drought. Mr. Koehnen stated dust is produced even when they are not working and the water Shafer puts on the site is not taking care of the dust. Mr. Koehnen provided pictures he took of the site showing a milky white substance on the site. He further stated that Shafer has tested their well and informed them the Koehnens needed a new water softener. Mr. Koehnen stated they installed a new water softener, new water heater and filtering system. They still get odors when Shafer is pulling a lot of water out of the pit. Mr. Koehnen also wondered why the work is in Stage 4 but they haven't begun to reclaim State 1. Joan Schneider, 12255 Rich Valley Boulevard, approached the Commission with complaints about the gravel pit. She stated that not only do they have an odor in their water but actual particulate matter coming out of the pipe. The filter on their filtering system is clogged with sand. Ms. Schneider stated the other complaint is the dust and the lack of reclamation at the site. She stated that when your water isn't good, it affects the quality of your. PLANNING COMMISSION REGULAR MEETING MINUTES REVISED NOVEMBER 24, 2009 PAGE 2 Commissioner Demuth asked Ms. Schneider the depth and age of their well. Ms. Schneider replied that their well is 70 feet, drawing at 120. Mr. Koehnen replied that Shafer is almost to the water table in their well. They stated their well was replaced in the last five years. There were no public comments. MOTION by Irving to close the public hearing. Second by Demuth. Ayes: 4. Nays: None. Motion approved. The public hearing was dosed at 6:48p.m. Scott Spisak, Shafer Contracting, approached the Commission to respond to the resident complaints. He stated that Shafer watered on 77 days of operation resulting in 900,000 gallons of water and chloride was applied on the haul roads which helps maintain moisture and keep the dust down. Mr. Spisak stated that they have an agreement with Mr. Koehnen and Ms. Schneider to reimburse them on any expenses related to their well but Shafer has not received any invoices or knowledge of the new items they have installed. With respect to the well level, Mr. Spisak stated that the top of the well is at 880 and the bottom of the pit is at about 840 and Shafer has not gone down below that. He stated that at the bottom of the pit below the sand is a layer of day that is very thick that prevents the rainwater from soaking in very fast. Mr. Spisak stated that Mr. Koehnen's well is more than 30 feet below the bottom of Shafer's pit and he does not believe anything Shafer has done could have affected their water table. Commissioner Demuth asked the purpose of Shafer's well and what the white substance in Mr. Koehnen's pictures could possibly be. Mr. Spisak replied that the well was installed two years ago to increase the response time in watering the site on dry days and to maintain the haul roads. Mr. Spisak stated the white substance could be broken up concrete from the recycling operation in the pit. He stated Shafer would be willing to have it tested. Commissioner Demuth asked about the reclamation progress. Mr. Spisak replied that in 2006, Shafer's request to be able to haul back material was approved with a revised reclamation plan. The final grades were changed to be more of a curvilinear landscape. He stated that Phase 1 is the way it was when Shafer got the property and all grades in that area will change in the final configuration. Shafer will be reclaiming from north to south in those stages as the work progresses. Commissioner Ege asked Mr. Spisak to address the issue of the water having an odor. Mr. Spisak recalled last year when another resident brought in a sample of water to the Commission complaining of odor. Shafer hired a testing company who found odor and suggested the resident shock his well with chloride and the process was successful. Mr. Spisak suggested this may have to be done with Mr. Koehnen and Mr. Schneider's well and may have to be done several times to work. Commissioner Irving asked if a dust control plan has been submitted to the City. Mr. Zweber stated the City does have a dust control plan that is pretty similar to other gravel mining companies in the City. Commissioner Schwartz asked about the reclamation plan and whether or not it could take longer to reclaim the land if business continues to be slow. Mr. Spisak stated that it might be possible but they have done some interim seeding and will again in the spring. PLANNING COMMISSION REGULAR MEETING MINUTES REVISED NOVEMBER 24, 2009 PAGE 3 Commissioner Schwartz stated that perhaps there could be better communication between the residents and the City with the issues at hand. She stated she feels the City should do whatever possible to correct the water problems of the residents. Mr. Zweber stated that he agrees but that he feels the City is doing everything possible. He stated that American Testing Company has done testing and provided reports to the City. He encouraged Mr. Koehnen and Ms. Schneider to contact him and Mr. Spisak when they know of issues so staff is able to address them early on. Mr. Spisak stated he is willing set up a meeting with Mr. Koehnen and Ms. Schneider here at City Hall moderated by staff to discuss the issues at hand. There were no further comments. MOTION by Schwartz to recommend the City Council renew the Shafer Mineral Extraction Permit for 2010. Second by Demuth. Ayes: 4. Nays: None. Motion approved. As follow -up, Mr. Zweber stated this item will go before the City Council at their regular meeting on December 15, 2009. Commissioner Irving stated that being a new commissioner, he is surprised to see reoccurring issues and would like to see the issues at hand alleviated during the next year before renewal of the permit in 2011. 5.b. Request by Vesterra, LLC and Stonex, LLC to Renew their Mineral Extraction Permit through 2010 (09- 26 -ME). Planner Lindahl stated the applicant, Jonathan Wilmshurst of Vesterra LLC /Stonex LLC, requests renewal of the Vesterra and Stonex mineral extraction permit for 2009. The subject properties are located south of Bonaire Path, 1 /4 mile west of Blaine Ave. (County Road 71). The properties are owned by Flint Hills Resources which leases them back to the applicant for mineral extraction. While Flint Hills and Vesterra, LLC /Stonex, LLC are parties to the permit, the responsibility for securities and compliance with the conditions remains with Vesterra and Stonex as the property lessee. Mr. Lindahl further stated that staff recommends renewal of the Vesterra and Stonex Mineral Extraction Permit 2010. Jim Bauers, partner in Vesterra, LLC, approached the Commission and stated he was available to answer any questions. The public hearing was opened at 7:20p.m. There were no public comments. MOTION by Schwartz to close the public hearing. Second by Irving. Ayes: 4. Nays: None. Motion approved. The public hearing was closed at 7:21p.m. MOTION by Irving to recommend the City Council approve renewal of the Vesterra, LLC and Stonex, LLC Mineral Extraction Permit for 2010, subject to the standards outlined in Section 12.4 of the Zoning Ordinance and the 2010 Conditions for Mineral Extraction, including: PLANNING COMMISSION REGULAR MEETING MINUTES REVISED NOVEMBER 24, 2009 PAGE 4 1. Provision of a surety bond as required under item M of the 2010 Conditions for Mineral Extraction. 2. Provision of a certificate of comprehensive general liability insurance as required under item N of the 2010 Conditions for Mineral Extraction. Second by Schwartz. Ayes: 4. Nays: None. Motion approved. As follow -up, Mr. Lindahl stated this item will go before the City Council at their regular meeting on December 15, 2009. 5.c. Request by Valley Paving, Inc. for an Interim Use Permit to operate an Asphalt Plant at 12955 Courthouse Boulevard through December 31, 2010 (09 -25 -IUP). Senior Planner Zweber stated the City had approved an Interim Use Permit (IUP) for Valley Paving, Inc. through December 31, 2009. Valley Paving, Inc. requested the IUP because they had received contracts from the Minnesota Department of Transportation MnDOT) to repave Minnesota Highway 55 from US Highway 52 to the Hastings City Limits. Mr. Zweber further stated that Valley Paving had also been awarded a US Highway 52 paving project which was delayed by MnDOT and cannot be completed in 2009. Typically, asphalt cannot be laid past Thanksgiving of each year and asphalt plants do not reopen until after road weight restrictions are removed around May 1s` of each year. As a result of the delay in the US Highway 52 paving project, Valley Paving is requesting a one year extension to the IUP until December 31, 2010. Charlie Borene, Valley Paving, Shakopee, Minnesota, approached the Commission and stated that the main objective of the interim use permit was to bid on stimulus projects as part of the government's recovery act. Mr. Borene gave an update on the current status of the projects and stated that they provided 25,000 man hours in new workers. Commissioner Schwartz asked if any of the 25,000 hours were from Rosemount residents and Mr. Borene replied that there are Rosemount residents included. The public hearing was opened at 7:27p.m. There were no public comments. MOTION by Irving to close the public hearing. Second by Ege. Ayes: 4. Nays: None. Motion approved. The public hearing was closed at 7:28p.m. MOTION by Ege to recommend the City Council renew the Interim Use Permit (IUP) for Valley Paving, Inc. subject to: 1. Conformance with the standards of the Asphalt Plant Interim Use Permit of the Zoning Code Section 11- 4-16 -1 E. 2. The asphalt plant and associated material stockpiles shall be limited to the boundaries of the "plant site" shown on the site plan. 3. The expiration date of the IUP will be December 31, 2010; any extension must be approved by the City Council. Second by Irving. Ayes: 4. Nays: None. Motion approved. PLANNING COMMISSION REGULAR MEETING MINUTES REVISED NOVEMBER 24, 2009 PAGE 5 As follow -up, Mr. Zweber stated this item will go before the City Council at their regular meeting on December 15, 2009. 5.d. Amend the Zoning Ordinance to Revise and Update Section 11 -9-6 Related to Commercial Use Antenna Towers (09- 24 -TA). Planner Lindahl stated this item was initiated by staff in response to concerns about the potential for the proliferation of commercial use antenna tower within the community and changing technology. Recent inquiries regarding the placement of cell towers and an examination of the regulations of surrounding communities revealed the need to update Rosemount's standards. Mr. Lindahl reviewed the City's existing commercial use antenna tower regulations and a summary of the proposed changes. Commissioner Schwartz asked for a definition of stealth technology. Mr. Lindahl stated that they basically try to make the towers as invisible as possible using colors, positioning and placement so it blends with the surrounding natural environment. Commissioner Schwartz then asked how far apart the towers are placed. Mr. Lindahl stated that it depends on the different variables involved in the area where the towers will be placed. Staff is concerned as the City develops to the east, there will be more need for antennas in that area. Commissioner Demuth asked about Section A.1.D. which states that a tower can be no closer than 500 feet to a residential structure and asked if that would apply to a City owned water tower. Mr. Lindahl stated that the provision in that section applies to standalone cellular towers only, not antennas placed on top of water towers and is designed to limit the number of standalone towers. The public hearing was opened at 7:42p.m. There were no public comments. MOTION by Schwartz to close the public hearing. Second by Irving. Ayes: 4. Nays: None. Motion approved. The public hearing was closed at 7:43p.m. Commissioner Irving stated the draft ordinance is very well written and makes the process easier to understand. MOTION by Ege to recommend the City Council approve the attached draft ordinance revising and updating Section 11 -9 -6 of the City Code relating to commercial use antenna towers. Second by Irving. Ayes: 4. Nays: None. Motion approved. As follow -up, Mr. Lindahl stated this item will go before the City Council at their regular meeting on December 15, 2009. Old Business: None. New Business: 7.a. Rottlund Homes Harmony 6 Addition Final Plat and Minor PUD Amendment (09 -29 -FP and 09- 30 -AMD). Senior Planner Zweber stated that Rottlund Homes has two separate but related requests 411 for the townhouses within the Harmony subdivision. First, Rottlund requests to replat (approve a new final plat) Block 7 of Harmony 5 Addition into the Harmony 6 Addition. The second request PLANNING COMMISSION REGULAR MEETING MINUTES REVISED NOVEMBER 24, 2009 PAGE 6 is for a minor amendment to the PUD agreement to allow the Vista Townhomes III in addition to the original Vista and previously approved Vantage twnhomes. Mr. Zweber reviewed the two requests and stated that staff recommends that the Planning Commission recommend approval of the Final Plat for Harmony 6 Addition. He further stated that per the authority granted in the City Code, staff has administratively approved the Minor Planned Unit Development Agreement Amendment regarding the utility construction within Harmony 6 Addition, subject to the following conditions: 1. The alternative utility construction approved individual water and sanitary sewer connections to each unit within Harmony 6 Addition shall only apply to the Harmony 6 Addition. Future subdivision shall construct their utility connection through the typical construction methods for townhouse -style ownership units. 2. Language shall be added to Homeowners Association Agreement that indemnifies the City from and liability due to the approval of the utility construction within Harmony 6 Addition. 3. Private utility easements shall be granted over the alternative utility construction method used to provide individual water and sanitary sewer connections. The City Council will be asked to execute the Minor Planned Unit Development Amendment Agreement in conjunction with the requested approval of the Harmony 6 Addition Final Plat on December 15, 2009. The City Council will also consider the Minor Planned Unit Development Agreement for the Vista Townhomes III design at the same meeting. io Commissioner Schwartz asked if the doghouse utility structures on the end allowed the water to be turned off individually as opposed to a condo style townhouse. Mr. Zweber replied that there is an individual water meter for each unit that can be turned off without affecting the other units. Commissioner Schwartz stated that this system is more practical when dealing with a vacated unit. Deb Ridgeway of Rottlund Homes approached the Commission and stated she is available to answer any questions. She also stated the main reason for the request is to be able to accommodate first time home buyers due to the new FHA guidelines. MOTION by Schwartz to recommend the City Council approve the Harmony 6t Addition Final Plat, subject to the following condition: 1. All applicable conditions and subdivision agreement requirements regarding Block 7, Harmony 5t Addition shall apply to Harmony 6 Addition. 2. City Council execution of the Minor Amendment to the Planned Unit Development Agreement regarding utility construction. Second by Irving. Ayes: 4. Nays: None. Motion approved. As follow -up, Mr. Zweber stated this item will go before the City Council at their regular meeting on December 15, 2009. PLANNING COMMISSION REGULAR MEETING MINUTES REVISED NOVEMBER 24, 2009 PAGE 7 411 Reports: None. Adjournment: There being no further business to come before this Commission, Commissioner Ege made a motion to adjourn. The motion was seconded by Commissioner Demuth. Upon unanimous decision, the meeting was adjourned at 7:57p.m. Respectfully Submitted, Kathie Hanson, Recording Secretary PLANNING COMMISSION WORK SESSION MINUTES NOVEMBER 24, 2009 PAGE 1 CaII to Order: Pursuant to due call and notice thereof, a Work Session of the Planning Commission was held on Tuesday, November 24, 2009. Chairperson Ege called the meeting to order at 8:10 p.m. with Commissioners Irving, Demuth and Schwartz present. Commissioner Messner was absent. Also in attendance were Senior Planner Zweber, Planner Lindahl and Recording Secretary Hanson. Discussion: 2.a. Downtown Zoning District. Senior Planner Zweber stated that following the adoption of the 2030 Comprehensive (Comp) Plan, the City must review its Ordinances and update them as needed to implement the goals and polices of the Plan. The first subject being addressed is the Downtown Zoning District. He stated that the Commission will first focus on reviewing existing Ordinances and other regulations guiding Downtown development and discuss the desired outcome from the Downtown Zoning District revision. Mr. Zweber listed two goals for the first work session meeting: 1. Review the City's current status in Downtown. 2. Discuss what staff is talking about changing. Commissioners should begin to look around the City and think about the proposed changes. Mr. Zweber stated there are three uses allowed in the Downtown District. They are: Commercial Uses, Public and Institutional Uses and Medium or High Density Uses. Mr. Zweber stated a zoning district needs to be created that can address all three uses. He stated there are three documents the Commission will use to assist in creating a new ordinance: the Development Framework for Downtown Rosemount (Framework), the draft Downtown Design Guidelines, and the two zoning districts regulating Downtown: the Traditional Downtown Overlay District and the Downtown Commercial District. Commissioner Schultz asked if the different uses will be regulated as to how much of each use is allowed within the district. Mr. Zweber explained that the Framework directs specific uses in certain parts of Downtown. Commissioner Irving asked where Fluegels fits into the zoning district. Mr. Zweber replied that Fluegels will remain Downtown but the Commission needs to be particularly conscious that when making regulations so as not to encourage additional farm mercantile businesses. Mr. Zweber stated that the goal with this process is to come up with one zoning district that allows the three different uses. The three uses have different styles and therefore need different standards and guidelines. Staff expects the ordinance to look different than the other city ordinances in that it will concentrate on the form of the building rather than the uses within it. Other cities that are similar in style are Excelsior, Hopkins, Hastings and Lakeville in trying to meld the new buildings 4111 with the old buildings and avoid the "cookie cutter" styles among buildings. PLANNING COMMISSION WORK SESSION MINUTES NOVEMBER 24, 2009 PAGE2 Commissioner Irving asked about the plan for tree coverage in the Downtown District. Mr. Zweber replied that the tree coverage will be a very structured and managed landscape plan that will be different than other parts of the city in which the landscape appears more natural. Mr. Zweber stated that the City involves itself in Downtown more than any other district and most downtown development involves the Port Authority. In creating a new Downtown District zoning ordinance, the Planning Commission is creating details for the Port Authority to work under. Commissioner Demuth asked if there is any current downtown improvement project or plan for existing businesses. Mr. Zweber explained the City's current plan available for existing businesses to make improvements to their buildings. Mr. Zweber asked the Commission to think about whether or not they would prefer to meet on both the 2 and 4t Tuesdays of the month or to have the work session after the regular meeting on the 4t Tuesday of the month so only one night of the month is used. Updates: Mr. Zweber reminded Commissioner Ege that her term expires in March and she will need to reapply if she wishes to continue her term. Mr. Zweber updated the Commission that the 2030 Comprehensive Plan did get approved by the Metropolitan Council. The University of Minnesota had a grant approved to install a wind turbine in UMore Park for wind energy research. Representatives of UMore will give a presentation to the City Council sometime in January to discuss the plan taking into consideration the reduction in the funding that they requested. Mr. Zweber stated that Planning Commissioners may wish to attend. Improvements to the old St. Joseph's campus have been approved and will probably begin in April, 2010. Planner Lindahl updated the Commission on a $25,000 grant the City received for the Pedestrian and Bicycle Plan. He will have more details after the first of the year upon finalizing the grant details with the County. Adjournment: There being no further business to come before this Commission, Commissioner Schwartz made a motion to adjourn. The motion was seconded by Commissioner Ege. Upon unanimous decision, the meeting was adjourned at 9 :25p.m. Respectfully Submitted, Kathie Hanson, Recording Secretary i