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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