HomeMy WebLinkAbout20100323 PCP RM Minutes - unapproved u+� otppnOLed
PLANNING COMMISSION REGULAR MEETING MINUTES
MARCH 23, 2010
PAGE 1
CaII to Order:
Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held
on Tuesday, March 23, 2010. Chairperson Ege called the meeting to order at 6:30p.m. with
Commissioners Messner and Irving present. Commissioner Demuth and Schwartz were absent.
Also in attendance were Senior Planner Zweber, Project Engineer Olson, and Recording Secretary
Hanson.
The Pledge of Allegiance was read.
Additions to Agenda: There were no additions to the agenda.
Audience Input: None.
Consent Agenda:
a. Approval of the January 12, 2010, Re eeting minutes.
b. Approval of the November 24, 2009 ar Meeting revised
rj
MOTION by Messner to approve the Cons ,-,4 en. cond by Irving
Ayes: 3. Nays: None. Motion carried.
Public Hearings:
5.a. Request by Total Construction to Ren heir Extrac ermit through 2010 at the
Thomas Furlong Gravel Mi l -ME) S 'r P st. ed the applicant, Total
Construction Equipm- \rates a graved e on pro. owned by Thomas Furlong
located on the west sig ischer ue appr nately1 mile south of County Road
42 /Minnesota High* I 5. Total C M truction hairequested the annual renewal of their mineral
extraction permit for' 9 to con. g p 1 of the operation.
Applicant ech,
-ver Grove ..proached the Commission and stated that
mining p ng it and g ly material taken out of the mine recently has been sand for
To +ng's golf co They a e to get more business soon to be able to mine more sand
from .it. 4
The public g was opens• e t 6:35p.m.
There were no p t'- co 9 S.
E
MOTION by Irving
IL"; l,
ose the public hearing. Second by Ege.
Ayes: 3. Nays: None. Motion approved. The public hearing was closed at 6:35p.m.
There were no comments from the Commissioners.
40 MOTION by Irving recommend the City Council renew the Total Construction Equipment,
Inc. Mineral Extraction Permit for 2010, subject to the following condition:
1. Conformance with the 2010 Conditions for Mineral Extraction, including the
submission of an updated Surety Bond in the amount outlined in the 2010 Conditions
PLANNING COMMISSION REGULAR MEETING MINUTES
MARCH 23, 2010
PAGE 2
for Mineral Extraction.
Second by Ege.
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 April 20, 2010.
5.b. Request by Cedarwood Church to Add Churches and Place of Worship as a Conditional Use
within the RR: Rural Residential Zoning District (10- 07 -TA). Senior Planner Zweber stated the
applicant, Cedarwood Church is looking for a site to move their churc Currently, Cedarwood is
meeting in temporary spaces such as the community center. Ceda as identified the Lenny's
Landscape site at the southeast corner of Biscayne Avenue and S®'£ obert Trail. The Lenny's
Landscaping site is zoned RR: Rural Residential which does n ches. To allow a church
use on this site, Cedarwood has applied for a Zoning Or• n text a ent to add churches and
places of worship to the list of conditional uses in the al Residentia"`. g district. Mr.
Zweber stated the Commission needs to decide whe not they feel churC re appropriate in
the Rural Residential district.
ta u
Chairperson Ege asked about the condition that no of ry e allowed. Mr. Zweber responded
that with ancillary uses such as schools, there would b t e traffic involved such as buses and
parents dropping off children.
Commissioner Messner asked about Con. „n lei` a= why i des both direct access to an
arterial street or a local street within five hua '.ed. (50 1 w the street's intersection with an
arterial street. Mr. Zweber g since a` al s a' busy county or state roads
wherein the county or .es ow ad. o accesses a there are very few collector roads
in the RR zoning dis taff felt it ropriate t. lso include access off of local streets that are
within 500 feet of a -rial street
Commissioner Messner a a i ely north of the Harmony development in that
it is also t Mr. Zweber r °ponded that staff has always intended the area
north o" acre Pa ave 'r an level of density. Since that land is within the MUSA
boon Mr. Zweber any ective applicant could apply to have that area rezoned to an
urban ential zonin g di t if th e1:. nted to place a church there.
Chairperso %,t' if the mmission could regulate the size of church being proposed in the
rural residential dpoict. Mr Zweber stated churches have statutes and federal laws that address them
specifically and h es can regulate. Federal law states that if a City allows assembly in a
particular zoning dis birches of any size need to be allowed.
Applicant, Bruce Goeblish, of Cedarwood Church approached the Commission and stated
Cedarwood is a small community, non denominational church. He stated it is difficult to find parcels
that are affordable.
The public hearing was opened at 7:04p.m.
Jeff Paulus, 12550 Biscayne Avenue, approached the Commission and stated he lives about one -half
mile from the church site and he doesn't believe this proposal is a good idea. He stated his concern
that the extra traffic from the church activities would speed up the wear and tear of the railroad tracks
PLANNING COMMISSION REGULAR MEETING MINUTES
MARCH 23, 2010
PAGE 3
and the railroad company is out working on the tracks there a lot as it is. In addition, he assumed
sewer and water would be the next issue which he doesn't agree with. Mr. Paulus stated he is against
the proposal.
Diane Denbeck, 12525 Biscayne, asked that the Commission deny the application. She stated she
would like the area to remain rural residential and is concerned about the sewer and water issues and
increased traffic on Biscayne Avenue. She believes there are other options available to locate the
church and if the City rewrites the ordinance, it not only affects this parcel, but all of Rosemount.
Ronald Welvaert, 12086 Biscayne Avenue, lives across the street from property and is concerned with
the number of kids that will be playing on the property who may stray 41; property and play in his
trees. He does not want to be held liable in the event of an accide also stated his concerns
with sewer and water and added traffic to the road. He requeste ommission to deny the
application.
Michael Morehouse, 12171 Biscayne Avenue stated he stic about c:- but is concerned
with sewer and water and the assessments involved.
There were no public comments.
MOTION by Messner to close the pub 'c hearing. Sec iI41 ge.
Ayes: 3. Nays: None. Motion approve •ublic hea q as closed at 7:10p.m.
Commissioner Messner asked if this requ the tim-. of the RR zoning district
schedule on sewer and water. Mr. Zweber sta -d the stu• at showed it was feasible for
E
those areas to get sewer a this ne f o d is the MUSA boundary and by
standards of the Met C
the B cannot water to anything outside that boundary. He
further stated that d e Comp t -nsive Pl `Meetings, City staff stated that there are only
two ways for that ne'iw orhood to,41,, ewer and "F %3 -r: (1) if the neighborhood requests service; or (2) if the septic system ailing heal zards. Mr. Zweber stated that even if the
City were to .'.er pu and warea there would have to be a rezoning and
extensio c bou With respect to the issue at hand, Cedarwood Church would
requir- -r and wa th., •roval of their application.
Co er Messner as Len q andscaping had a conditional use permit for the
landscap siness or if it grandfathered in. Mr. Zweber responded that the City adopted its
first zoning ance in 197,1' d Lenny's Landscaping has been defined as a non conforming use
ever since. Th a aw no 0 .ble to expand and no other similar business would be allowed there
in the RR zoning •ta,
Chairperson Ege asked there was extensive damage to the railroad tracks from the continuous use
of trucks from the landscaping business. Mr. Zweber stated there will always be wear and tear to
the tracks in that area and that it is the responsibility of both parties, the City and the Railroad, to
maintain their portion of the road. He further stated that staff is aware of the issues with the
railroad tracks and the intersection and that is the reason for the 500 foot setback requirement to
help control traffic congestion in that area.
Commissioner Messner commented that this area has always been recognized as TR Transitional
Residential and so it is likely that other types of uses will eventually occur. He stated his agreement
with limiting churches to the TR guided areas.
PLANNING COMMISSION REGULAR MEETING MINUTES
MARCH 23, 2010
PAGE 4
Commissioner Irving stated that the concerns with traffic to the area and the increase in the
amount of kids playing should be reduced with the condition that ancillary uses are not allowed.
He stated he does not believe having a church at that location would hinder the neighborhood or
the residents' way of living.
Chairperson Ege asked about the phrase "regardless of Religious Affiliation" and whether or not it
could be regulated if it were a non mainstream type of assembly that resulted in complications
within the neighborhood. Mr. Zweber stated that the City is not allowed to choose one religion
over another but is allowed to regulate the impact churches have on a ne hborhood and insure
they follow safety regulations and assembly regulations.
There was no further discussion among the Commissioners. 444'
MOTION by Messner to recommend the City Council to hurche Places of Worship
regardless of Religious Affiliation as a Conditional Use a the RR: Rura dential Zoning
District, subject to the following restrictions:
1. The property is designated "TR: Transition'', sidentia the City's a' ed
Comprehensive Plan.
2. The property must have direct ac ess onto an ar �Oi eet or access to a local street within
five hundred (500) feet of the 1. -et's intersec.'i ith an arterial street.
3. No ancillary uses, including but daycare, 4. tessori schools, and nurseries
occurring separately from the reli se e allow° the church or place of
worship.
4. Site and building s :F g sr a chur •r� of 'or; shall be greater than the
surrounding res s es to i l= ate the scale and intensity of this use. Site and
building sta shall follo ose des :0 d in Section 11 -4 -14 G 1 and 3 through 7.
Second by I
Ayes ays: 1 on ap. 0
As fo p, Mr. Z p state. item will go before the City Council at their regular meeting
Ap 2010. If the zoo or.' text amendment is approved by the City Council, the
applic.. ould have to co .ack t. e Planning Commission with a conditional use permit
applicati 's process w. t& require a public hearing and notification of residents within a 350
foot buffer .The public certainly come back and address individual details at that time.
Commissioner Li ner as 0 staff could expand the notification area to include all affected
residents and Mr. G would look at the area to determine the appropriate buffer area.
Old Business: None
New Business:
a. Rosewood Village 3' Addition Final Plat, KJ Walk, Inc. (10 04 FP). Senior Planner Zweber
stated the applicant, KJ Walk, Inc, requests final plat approval for Rosewood Village 3r Addition.
The proposed final plat would combine Outlot A of Rosewood Village 2n Addition, Outlots B C
of Rosewood Estates and Lot 1, Block 1 of Greif Addition into a new plat known as Rosewood
Village 3r Addition. This final plat contains six detached townhome lots surrounded by common
open space, outlots for the adjacent railroad spur and stormwater pond, and an additional lot for
future development. As designed, staff recommends approval of the final plat subject to
PLANNING COMMISSION REGULAR MEETING MINUTES
MARCH 23, 2010
PAGE 5
conditions.
Applicant, Warren Israelson, 6001 Egan Drive, Suite 100, Savage, of KJ Walk, Inc. stated that when
the concept plan was provided to the City, the Fire Marshal at that time stated that only limited
access was needed for emergency purposes. Mr. Israelson stated that if it would be acceptable to
the City, they would like to have a temporary cul -de -sac on the west side of the spur with full access
on the east side. Mr. Zweber responded the concept seems fine and staff can work with the Fire
Marshal to make sure the cul -de -sac is designed appropriately.
MOTION by Irving to recommend the City Council approve the Final Plat for Rosewood Village
Third Addition, subject to the following conditions:
1. Removal of Lot 1, Block 1 Greif Addition from the Rosewo i ddition final plat based on
the finding that this property was not part of the original o�, states approval.
2. Execute a subdivision or development agreement City to sec public and private
improvements associated with the proposed dev B ent.
3. Conform to all requirements of the prelimina g -t detailed;!,: esolution 2003
4. The plat shall be signed by authorized representativAltyri Progress Land Company and the
Soo Line Railroad. x4
3;
5. The proposed road shall be extended e dge o Block 1 in conformance
with the approved concept plan for Lot flock tion, 6 e applicant shall disclose to
the purchasers of lots ewood ge at "47,1,4 F may be extended across the
tracks to serve Lot e future `at extensio may req reconfiguration of
individual drivew, he apph shall also a s at the end of the road stating the
same.
Accordin• to the sta a Street Naming System, the private road
se 4A Po .men b e named Lower 147 Court West.
7. 'ormance with a' req o4 ents of the City Engineer as outlined in the March 18, 2010
rTl
r s,
8. Paymen ll developm- fees, including a $420 Geographic Information System (GIS) fee
and a cash -lieu o and dedication in the amount of $20,400 (6 x $3,400 per unit)
prior to relea e t hew plat.
9. Conformance with requirements of the Fire Marshal as outlined in the March 16, 2010
memo.
10. Lots 1 -7 of the final plat shall comply with all applicable terms and conditions of the Rosewood
Village Townhomes PUD including, but not limited to, setbacks and the detached townhome
un its approved for Ryan Real Estate. Specifically, the plat shall be redesigned to insure that any
structure built on Lot 4, Block 1 can meet the minim 60' required setback from the railroad
spur.
11. The applicant shall replace the six Patmore Ash trees called for in the original landscape plan
PLANNING COMMISSION REGULAR MEETING MINUTES
MARCH 23, 2010
PAGE 6
411 with six Maple trees to guard against potential spread of the Emerald Ash Bore and submit a
landscape security equal to $7,875 prior to release of the final plat.
12. The existing double row of spruce trees planted along the perimeter of the final plat shall be
protected and preserved throughout construction of this development.
13. Future development of Lot 1, Block 2, Rosewood Village 3rd Addition consistent with the
approved Rosewood Commons concept plan will require re- zoning and connection to the
proposed road for this final plat.
Second by Messner.
Ayes: 3. Nays: None. Motion approved.
As follow -up, Mr. Zweber stated this item will gos before the o t their regular meeting
April 20, 2010, with the few minor changes as discussed b mplete re then.
Reports:
8.a. Downtown Zoning District Review.
The Planning Commission began i ts review of thy:: v.,ntown zo g■ district in Jan »..ut with a
few meetings being canceled and two new co ssisis. be A i next month, Mr. weber
stated the Commission will basically start over with the °view in the month of May.
8.b. April Work Session Commiss before Re. Meeting.
An attorney from Kennedy Graven w i a ,o g to th ssioners at 5:00 p.m. prior
to the Planning Commission meeting on T a y, Ap X 010 current commissioners are
encouraged to attend but n. ed to.
1
airp Ege she atte Y d the trag session when Commissioners Irving and
Ch erson E e stat-,® t
Demuth joined the ssion an., addition ssion is helpful. She also took the
opportunity to than ssion e r for his ars of service and wished him luck in his
future endeavors.
Mr. Z dde t ke after reshments were being served immediately following the
mee honor Co �r °;pner er for his years of service on the Commissioner; tonight
bein_ st meeting.
Adjournm There being further business to come before this Commission, Commissioner
Ege made a m to adjo he motion was seconded by Commissioner Messner. Upon
unanimous decis a g was adjourned at 7:45p.m.
Respectfully Submitted,
Kathie Hanson, Recording Secretary