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HomeMy WebLinkAbout20100112 PCP RM Minutes PLANNING COMMISSION REGULAR MEETING MINUTES JANUARY 12, 2010 PAGE 1 Call to Order: Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, January 12, 2010. Chairperson Ege called the meeting to order at 6:3p.m. with Commissioners Demuth and Schwartz present. Commissioners Messner and Irving were absent. Also in attendance were Senior Planner Zweber, Project Engineer Olson, Planner Lindahl and Recording Secretary Hanson. The Pledge of Allegiance was read. Additions to Agenda: There were no additions to the agenda. Senior Planner Zweber introduced Phil Olson, the new Project Engineer, who also works for WSB. Audience Input: None. Consent Agenda: a. Approval of the November 24, 2009 Regular Meeting minutes. b. Approval of the November 24, 2009 Work Session Meeting minutes. MOTION by Schwartz to approve the Consent Agenda. Second by Demuth. Ayes: 3. Nays: None. Motion carried. 411 Public Hearings: 5.a. Request by Danner Contracting to Modify and Renew their Mineral Extraction Permit through 2010 (09- 31 -ME). Senior Planner Zweber stated the applicant, Marlon Danner of Danner, Inc. owns and operates a gravel mine at 4594 145 Street East. Danner has requested the annual renewal of their mineral extraction permit for 2010 and a modification to mineral extraction permit to allow for mining to the 835 foot depth and bringing haul -back, clean -fill material into the site to achieve reclamation grades. Mr. Zweber stated that staff recommends the Planning Commission approve a motion to recommend the renewal of the permit and modification to allow for mining to the 840 foot elevation with the staff provided conditions. The applicant, Jerry Bachman, Danner Family Partnership, approached the Commission and stated he was available to answer any questions. Chairperson Ege asked the applicant if Danner was in approval of the 840 foot elevation requirement and Mr. Bachman replied that they were. The public hearing was opened at 6:42p.m. There were no public comments. MOTION by Demuth to close the public hearing. Second by Ege. Ayes: 3. Nays: None. Motion approved. The public hearing was closed at 6:42p.m. 4111 There were no further comments from the Commissioners. PLANNING COMMISSION REGULAR MEETING MINUTES JANUARY 12, 2010 PAGE 2 MOTION by Schwartz recommend the City Council renew the Danner Mineral Extraction Permit for 2010 and modify the Mineral Extraction Permit to allow the mining to the 840 foot elevation on the Southern Half of the Property, subject to: 1 Conformance with the attached 2010 Conditions for Mineral Extraction, including the submission of an updated Surety Bond in the amount outlined in the attached 2010 Conditions for Mineral Extraction. 2 Mining shall be limited to no deeper than the elevation of 840 foot mean sea level. In no instance shall any mining occur within the groundwater aquifer. 3 Blasting or the use of explosives is prohibited in the mining of the Danner gravel pit. 4 Submit bi- annual reports to the City containing information about the quantities of material brought in, where the material came from, and the test results of the material. 5 Conformance with Danner Inc. Borrow Pit Reclamation Protocol, Rosemount, MN. Second by Demuth. Ayes: 3. Nays: None. Motion approved. As follow -up, Mr. Zweber stated this item will go before the City Council at their regular meeting on January 19, 2010. 5.b. Linder's Greenhouses, Inc. Renewal of an Interim Use Permit Allowing a Temporary Garden Center in the Parking Lot of the Rosemount Market Square Shopping Center (10- 02 -IUP). Planner Lindahl stated the applicant, Linder's Greenhouses, Inc., requests renewal of their existing Interim Use Permit (IUP) to allow the operation of a temporary garden center. Should the City renew the IUP, Linder's will operate the garden center in the Rosemount Market Square Shopping Center parking lot located at 3408 150` Street West from April 15th to July 15t with setup beginning on April 1 and clean up concluding by July 31 Hours of operation for the garden center are limited to 8:00 a.m. to 10:00 p.m. Mr. Lindahl stated that staff recommends renewal of this permit for the years 2010 through 2013, subject to the conditions listed in the interim use permit. Commissioner Demuth pointed out a discrepancy in the set up date the applicant is requesting and the set up date contained in the recommendation. Mr. Lindahl stated that the April 1' set up date was obtained from the previous permit terms and the applicant would be able to explain the earlier March 20` date. Applicant, Gabriella Heath of Linder's Greenhouses, Inc., commented on the set up time stating that Linder's operates 51 locations within the Twin Cities and the earlier set up time will allow them time to have each store open by April 15` Mr. Lindahl stated that while staff is sympathetic to the applicant needing time to set up multiple sites, the set up period the Commission should be concerned with is that of the Rosemount store and a two week set up period should be sufficient to have the store ready to open by April 15. Commissioner Demuth asked the applicant if Linder's had permission from the property owner to set up March 20 and the applicant provided a copy of the permit application with the owner's signature. Chairperson Ege asked when the product would be delivered and the applicant replied that product will probably not be delivered until after April 15 due to the weather and their growing schedules. PLANNING COMMISSION REGULAR MEETING MINUTES JANUARY 12, 2010 PAGE 3 Chairperson Ege asked the applicant why less time is needed to tear down than to set up. Ms. Heath replied that tear down goes faster because the crew is larger. She stated that less crew is available to set up because a lot of them are still working on getting the product ready. Commissioner Schwartz stated she is concerned with a pile of building material sitting in the parking lot for nearly a month and the applicant replied that the building materials are contained as much as possible and they haven't had any problems with it in the past. The public hearing was opened at 6:49p.m. There were no public comments. MOTION by Ege to close the public hearing. Second by Demuth. Ayes: 3. Nays: None. Motion approved. The public hearing was closed at p.m. Commissioner Schwartz stated she would prefer to leave the set up date as April 1" because of her concern with construction materials sitting idle, but that she would not object to an earlier date. Commissioner Demuth stated she would like to accommodate the business and allow the early set 40 up date of March 20` Chairperson Ege asked staff whether there would be an impact on the available parking for customers of the Pond and Mr. Lindahl replied that staff was not concerned with the early set up impacting the parking but felt that the original two week period was sufficient to set the store up in time to open on April 15. MOTION by Ege to recommend the City Council renew the Interim Use Permit (IUP) allowing a temporary garden center in 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 2010 through 2013, with a set up date of April 1, 2009. Second by Schwartz. Ayes: 2. Nays: 1 (Demuth). Motion approved. As follow -up, Mr. Lindahl stated this item will go before the City Council at their regular meeting on January 19, 2010. Old Business: None. New Business: Reports: 8.a. January 19, 2010 City Council Meeting Umore Presentation from Charles Muscoplat Senior Planner Zweber informed the Commissioners of a presentation at the January 19 City Council meeting by Charles Muscoplat of UMore on the new wind turbine project. Commissioners PLANNING COMMISSION REGULAR MEETING MINUTES JANUARY 12, 2010 PAGE4 are welcome to attend the meeting or watch the presentation on cable. 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 7:15p.m. Respectfully Submitted, Kathie Hanson, Recording Secretary