HomeMy WebLinkAbout20100824 PCP RM Minutes PLANNING COMMISSION REGULAR MEETING MINUTES
AUGUST 24, 2010
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CaII to Order:
Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held
on Tuesday, August 24, 2010. Chairperson Ege called the meeting to order at 6:30p.m. with
Commissioners Irving, Kolodziejski, Demuth, and Powell present. Also in attendance were Senior
Planner Zweber, Planner Lindahl, Project Engineer Olson and Recording Secretary Hanson.
The Pledge of Allegiance was read.
Additions to Agenda: None.
Audience Input: None.
Consent Agenda:
a. Approval of the May 25, 2010, Regular Meeting Minutes
b. Approval of the June 22, 2010, Work Session Minutes
MOTION by Powell to approve the Consent Agenda. Second by Kolodziejski.
Ayes: 5. Nays: None. Motion carried.
Public Hearings:
5.a. Request by Cedarwood Church for a Conditional Use Permit for a Church at 12139 Biscayne
Avenue. (10 19 CUP). Senior Planner Zweber reviewed the staff report and stated that Cedarwood
Church has purchased the former Lenny's Landscape site at the southeast corner of Biscayne Avenue
and South Robert Trail for their church. The applicant is now requesting a Conditional Use Permit
to operate their church on the site and have provided plans to convert the former landscaping
business into their church in compliance with the City regulations. Mr. Zweber reviewed the plans
and conditional use standards with the Commission.
Chairperson Ege asked Project Engineer Olson to clarify his comments in the Engineering memo
with respect to the grading plan and whether or not it will affect the drainage of the property. Mr.
Olson replied that the applicant needs to provide additional information to show that the drainage
will not be affected.
Commissioner Powell asked if the applicant meets the stormwater standards after the grading is
complete. Mr. Olson replied yes, the stormwater standards are being met.
Commissioner Powell also asked if the onsite septic system has adequate capacity for the church.
Mr. Zweber replied that the City's building official reviewed the report and determined that the
system is adequate for the current level of parishioners but also stated that if the church decides to
expand in the future, the septic system would need to be upgraded.
Chairperson Ege invited the applicant to speak. The applicant was present but did not have any
comments.
The public hearing was opened at 6:42p.m.
Linda Marcu, 22050 Panama Avenue, Prior Lake Minnesota, approached the Commission on behalf
PLANNING COMMISSION REGULAR MEETING MINUTES
AUGUST 24, 2010
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of her mother who owns property located at 12202 -12204 South Robert Trail which adjoins the
church property. Ms. Marcu stated that the previous owner of the property, Lenny's Landscaping,
apparently removed trees and bushes that were located on her mother's property. She came to
meeting to make sure that nothing was going to affect her mother's property.
There were no further public comments.
MOTION by Ege to close the public hearing. Second by Powell.
Ayes: 5. Nays: None. Motion approved. The public hearing was closed at 6:46p.m.
Mr. Zweber stated that all grading and landscaping will be conducted on the church's property
which is east of the railroad. In response to Ms. Marcu's concerns, Mr. Zweber stated that no work
will be done on any other property and no landscaping will be removed. He further stated that no
landscaping will be removed on the church's property but additional landscaping will be installed as
part of the requirements. Mr. Zweber stated that the conditional use permit allows the church to
operate indefinitely as long as they operate as a church. The church has stated that they will use the
property for Sunday services and weekly bible classes, so there will be limited use.
Commissioner Powell asked if there was a concern that the presence of a church would prompt the
extension of utilities and assessments. Mr. Zweber stated that utilities and improvements were
addressed in a previous meeting and stated that by adding a conditional use permit does not change
the character of the neighborhood. He further stated the church is not requesting the provision of
city sewer and water and traffic generated by the church does not warrant a change to Biscayne
Avenue.
Commissioner Powell stated he would not request the condition be changed but advised that the
letter of credit be increased in future cases to allow for more security. Mr. Zweber stated that in
this particular situation, the amount negotiated was because the applicant is not proposing very
many new developments; mainly improvements to the existing structures. The amount negotiated
is equal to the largest improvements the applicant plans on making which seemed a reasonable
amount to staff.
Linda Marcu requested to approach the Commission again to ask Mr. Zweber if he could show her
exactly where the church's property was in relation to her mother's property. Mr. Zweber showed
Ms. Marcu on the map and assured her that the plans provided show that no trees would be
removed from her mother's property.
MOTION by Commissioner Powell to recommend the City Council approve the Conditional Use
Permit for Cedarwood Church at 12139 Biscayne Avenue, subject to the following conditions:
1. The parking lot must be completed by December 31, 2010 in accordance with the
Reclamation and Parking Plan.
2. The installation of the Nova Brick onto the exterior of the church in accordance with the
building elevations must be completed by June 30, 2011.
3. The landscaping and grading in accordance with the Landscape Plan and Reclamation and
Parking Plan must be completed by December 31, 2011. In addition, a minimum of 25
foundation plantings and plantings to provide 50% opacity to four feet (4') in height within
ten feet (10') of the eastern edge of the parking lot shall be installed by December 31, 2011.
4. Building #1 (the northern most building) must be demolished and /or removed by
December 31, 2011.
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AUGUST 24, 2010
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5. Buildings #2 and #3 must be demolished, removed, or improved to meet current City Code
standards by December 31, 2012.
6. A letter of credit in the amount equal to that of the labor and materials to install the Nova
Brick onto the church shall be provided to the City. The letter of credit shall not expire
before June 30, 2013 and would be redeemed by the City if the improvements stated in
conditions 1 through 5 are not completed by their required dates.
Second by Kolodziejski.
Ayes: 5. Nays: None. Motion approved.
Mr. Zweber stated that staff will work with the applicant to make revisions to the survey and
landscape plan and provided those changes happen in a reasonable time, the item will go before the
City Council on September 21, 2010.
b. Request by Minnova Land, LLC for Rezoning and Lot Split Approvals (10- 22 -LS, 10- 23 -RZ).
Planner Lindahl reviewed the staff report and stated that the applicant, Minnova Land, LLC,
requests rezoning and lot split approvals to allow the subdivision of their existing 20 acre parcel
into one 2.7 acre parcel (Parcel A) and one 17.3 acre parcel (Parcel B). The rezoning is necessary to
facilitate the 'subject property coming out of the Agricultural Preserve program. Mr. Lindahl
explained to the Commission that should the City approve the rezoning and lot split requests, the
applicant intends to sell Parcel A including the existing single family home and retain Parcel B for
future development.
Commissioner Powell asked about the existing drain field that encroaches onto parcel B and
whether or not there needs to be an easement on Parcel B to continue using that drain field in the
event the owners of the two parcels are different. Mr. Lindahl replied the drain field provides
drainage to Parcel A, but nothing on Parcel B. The applicant and potential purchaser would enter
into a purchase agreement that would state they would allow the purchaser to use that portion of
Parcel B until development would occur. When development occurs on the property, it would be
stated in the agreement that the easement is no longer valid. Commissioner Powell then asked if
there would be a backup system in the event the drain field on Parcel A fails. Mr. Lindahl replied
that the system recently had some improvements made to it and it is capable of operating for some
time in the future. Senior Planner Zweber added that utilities are available to the larger property of
Parcel B when development occurs so if an emergency would happen, utilities would be available.
Commissioner Powell inquired about the driveway and whether the proposed easement contained
the existing driveway or will they have to relocate it. Mr. Lindahl replied that the existing driveway
is contained in the easement and the City Attorney is reviewing the easement documents.
Commissioner Demuth asked staff if they have ever had the experience of requiring a property
owner to hook up to city water. Mr. Zweber replied that when Bonaire and Harmony were
constructed, two homes needed to go to city water because their septic systems did not pass the
three year test. City ordinance requires the homeowner to hook up to city water instead of making
additional improvements to the existing system. Mr. Zweber further stated that the ordinance
currently allows 10 years on an existing septic system in working order. Mr. Lindahl added that the
agreement does provide specific language that requires the homeowner to maintain the system
during the life of the single family home.
Chairperson Ege invited the applicant to approach the Commissioner. Applicant, John Chadwick,
of Minnova Land, LLC, located at 11430 Zion Circle, Bloomington, Minnesota, approached and
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AUGUST 24, 2010
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stated that there are a lot of issues involved with splitting a small parcel of land. With respect to the
driveway easement, Mr. Chadwick stated that the easement that will be recorded is in the current
location and it will be the location of the roadway when it is developed. Mr. Chadwick stated
Minnova is anxious to get the process moving and feels it is a good location for future development
being located next to the new park area given to the City by Flint Hills.
The public hearing was opened at 7:11p.m.
Clayton Byrd, 3345 Lexington Avenue South, Eagan, is the realtor representing the purchasers of the
existing single family home on Parcel A. Mr. Byrd stated the key issue is the cost of utilities of
hooking up to city water. The purchaser is the current renter so they are familiar with the property.
There were no further public comments.
MOTION by Ege to close the public hearing. Second by Irving.
Ayes: 5. Nays: None. Motion approved. The public hearing was closed at 7:13p.m.
There was no further discussion among the Commissioners.
MOTION by Kolodziejski to recommend the City Council approve the request from
Minnova Land, LLC to rezone the subject property from AGP Agricultural Preserve to
AG Agriculture.
Second by Powell. S
Ayes: 5. Nays: None. Motion approved.
MOTION by Kolodziejski to recommend the City Council approve the Lot Split request
from Minnova Land, LLC subdividing their existing 20 acre property into one 2.7 acre
parcel (Parcel A) and one 17.3 acre parcel (Parcel B), subject to the following conditions:
A. Rezoning the subject property from AGP Agricultural Preserve to AG Agriculture.
B. Execution and recording of the Minor Subdivision Agreement and Declaration stating
that no additional units will be allowed on Parcel B until such time as it is rezoned to a
classification that permits additional units and is connected to City sewer and water.
The agreement shall include a requirement that Parcel A be required to connect to City
sewer and water at such time as Parcel B is developed and utilities are made available.
C. Dedication of an access easement of sufficient width to accommodate the
necessary access to Parcel A from Bonaire Path.
D. The existing barn on Parcel B may remain and be used as an accessory building to the
principal agricultural use of Parcel B. Any improvements to this non-
conforming structure shall be consistent with the standards in state law.
E. Payment of all applicable development fees including a $300 Geographic
Information (GIS) fee and 1 unit of Park Dedication equal to $3,400.
Second by Powell.
Ayes: 5. Nays: None. Motion approved.
Mr. Lindahl stated this item will go before the City Council for approval at the meeting on
September 7, 2010.
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AUGUST 24, 2010
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c. Request by Dakota County Technical College for Rezoning and Site Plan Review to Allow
Construction of an Outdoor Baseball Complex (10- 20 -PLN, 10- 21 -RZ). Planner Lindahl reviewed
the staff report and that the applicant, Dakota County Technical College (DCTC), requests
rezoning and site plan approvals to allow construction of an outdoor baseball complex. The
project includes a full sized baseball field with associated accessory structures including bleachers
for 640 people, a 7,200 square foot building for storage, a batting cage, and two dugouts. The
rezoning from Agriculture to PI Public /Institutional is necessary to facilitate the requested use as
well as to apply a uniform zoning district to the DCTC campus. Mr. Lindahl reviewed the plans
and site plan review process to the Commission.
Commissioner Irving asked about the lighting, the scoreboard in particular, in concern for future
surrounding housing. Mr. Lindahl stated that the applicant's plans do not provide any details as to
signage or the scoreboard but the signs would have to go through the planning process to get sign
approval.
Commissioner Demuth asked that what the timeframe for completion of the project would be. Mr.
Lindahl replied that the applicant would like to have the field and landscaping in place by this fall.
Beyond that, the applicant has not provided timing on additional items.
Commissioner Powell asked how the baseball complex fits into the future expansion plans of
DCTC and also how the Planning Commission is to approve a project that is almost completely
graded before the fact. Mr. Lindahl replied that he would forward those questions to the applicant
for answering.
Dr. Ron Thomas, the President of DCTC and Paul Demuth, Director of Operation, both
approached the Commission. Dr. Thomas spoke about the grading work completed by Ames
Construction Company stating that during discussions with Ames about working on the project, it
was determined that they needed to move quickly. He stated that state and city responsibilities have
yet to be resolved at this point. Dr. Thomas further stated that they want the landscaping and field
complete by the end of next semester and hope to play baseball by next fall with practices in the
late spring. He stated quite a bit of the final work will be done by students to provide a learning
experience with landscaping, electrical work, and concrete details. In response to Commissioner
Powell's question about DCTC's future plans, Dr. Thomas stated the baseball complex is part of
the upgrade to the master facilities plan as required by the Office of the Chancellor. They hope the
complex will be an additional item to make the campus attractive for future students.
Commissioner Demuth asked the applicant when DCTC acquired the parcel the baseball complex
was being constructed on. Dr. Thomas replied that property consisting of the driving range south
of complex, the baseball parcel and the soccer complex parcel were leased from the University and
last year they negotiated to purchase the property. Commissioner Demuth asked the applicant if
they obtained a Letter of No Association with respect to any environmental contamination on the
property because she stated that the MPCA has concerns about the baseball complex parcel. Paul
Demuth replied that the University informed them there were no contaminants on that parcel but if
there were, the University would be responsible for cleanup. He further stated that they did
conduct soil bore testing on the property and the tests were negative. Commissioner Demuth
asked if they tested for industrial contaminants. Mr. Demuth stated they can check the testing that
was conducted but they were not aware of any issues.
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The public hearing was opened at 7:42p.m.
There were no public comments.
MOTION by Powell to close the public hearing. Second by Kolodziejski.
Ayes: 5. Nays: None. Motion approved. The public hearing was closed at 7:43p.m.
Chairperson Ege stated she is supportive of the project as a whole but believes that "the cart was
put before the horse" in that correct procedure was not followed and this case should not be
precedent setting for other applicants wanting to speed things up on their own. She stated that
DCTC should be cognizant of the procedure to contact the Planning Department before any work
is started.
Commissioner Powell agreed with Chairperson Ege's comments and also hoped this would not be
precedent setting.
MOTION by Demuth to recommend the City Council approve the rezoning request from
Dakota County Technical College to rezone the subject properties from AG Agriculture
to P/I Public and Institutional.
Second by Powell.
Ayes: 5. Nays: None. Motion approved.
411/
MOTION by Demuth to approve the site plan illustrating a full sized baseball field with
associated accessory structures, subject to the following, and adding a final condition with
respect to the environmental assessment of the property:
Approval of a rezoning from AG Agriculture to P/I Public and Institutional.
Revise the storage building and dugout plans to be constructed of a masonry material
similar to those used on the principal college building with the proposed metal roof
shaped and painted to look like shingles.
Revise their landscaping plan to provide an additional 41 trees and 34 foundation
plantings around the proposed storage building.
Submit and receive approval of a lighting plan for all exterior lighting prior to
installation of the lights.
Submit and receive approval of a plan that includes a trash enclosure made of similar
materials to the principal college building or document that all trash will be stored inside
the proposed storage building.
Receive approval of an amendment to the existing sign Planned Unit Development
agreement for the overall campus to include the 4 proposed signs.
Conformance with all the requirements of the City Engineer.
The applicant shall provide handicap accessible satellites in conformance with Dakota
County Health standards for portable sanitary facilities.
The applicant shall demonstrate to the City, Dakota County and the Minnesota
Pollution Control Agency that there are no environmental issues on the property.
Second by Powell.
Ayes: 5. Nays: None. Motion approved.
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Mr. Lindahl stated this rezoning item will go before the City Council for approval at the meeting on
September 7, 2010.
Old Business: None.
New Business:
a. Pedestrian and Bicycle Master Plan. (10- 03 -PLN). Planner Lindahl stated the Rosemount
Pedestrian and Bicycle Master Plan seeks to build on existing infrastructure to create a community
where choosing to walk or bike is a safe, convenient and enjoyable recreation and transportation
option for all users. Mr. Lindahl reviewed the Plan to the Commissioners in its entirety.
Chairperson Ege thanked Mr. Lindahl for the presentation and stated it is nice to know that the
Council is supportive of a bike and pedestrian plan within the city.
Commissioner Irving stated he is concerned with the discussions of hiring a walk and bike
committee and the funding of the project. He asked how much funds currently exist and how
much additional funding is needed.
Commissioner Demuth felt the plan was a nice piece of work and asked about the funding for the
underpass project under Highway 3. Mr. Lindahl replied that there isn't a line item for that
particular project in the City budget at the moment. The City did apply for transportation funds to
do the project but did not receive that grant. Mr. Lindahl added that having the bike and pedestrian
plan in place may help support the City's request for future grants.
Commissioner Demuth mentioned a recent planning application for development on the east edge
of Bloomfield wherein the applicant proposed sidewalks on both sides of the roads and the
Planning Commission agreed not to have sidewalks on both sides of the road. She asked now that
the plan recommends sidewalks on both sides, whether or not the Planning Commission can make
that same determination in the future. Mr. Lindahl stated that the plan recommends sidewalks on
both sides of the street unless staff or the Commission determines that they are not needed such as
the case Commissioner Demuth mentioned where the Commission determined sidewalks were not
needed on both sides because of the main trail being one street over.
Commissioner Powell stated he felt the plan was a great document and resource. He stated it
appears by the City Council's comments that implementation is one of the biggest challenges and
also how to assign responsibility and measure success. Commission Powell stated he strongly
encourages the road diet plan as contained in the bike and pedestrian plan.
Mr. Lindahl stated that staff intends to try to provide general numbers of what items cost but also
stated that the purpose of the document was to provide a comprehensive plan of how the city's
system currently exists and then use the plan as a tool to make improvements to that system. Mr.
Lindahl noted that the Planning Commission was in approval of the document overall and in
agreement with the City Council's comments.
Reports: None.
Adjournment: There being no further business to come before this Commission, Commissioner
Kolodziejski made a motion to adjourn. Upon unanimous decision, the meeting was adjourned at
8:30p.m.
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Respectfully Submitted,
Kathie Hanson, Recording Secretary
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