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HomeMy WebLinkAbout20101123 PCP RM Minutes PLANNING COMMISSION REGULAR MEETING MINUTES NOVEMBER 23, 2010 PAGE 1 Call to Order: Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, November 23, 2010. Chairperson Ege was absent. Vice Chair Irving called the meeting to order at 6:30p.m. with Commissioners Kolodziejski, Demuth, and Powell present. Also in attendance were City Administrator Johnson, Community Development Director Lindquist, Planner Lindahl, Senior Planner Zweber, 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 October 26, 2010, Regular Meeting Minutes MOTION by Kolodziejski to approve the Consent Agenda. Second by Powell. Ayes: 4. Nays: None. Motion carried. Public Hearings: a. Downtown District Zoning Ordinance Text Amendment (09- 32 -TA). As a result of the adoption of the 2030 Comprehensive Plan, the City must review its ordinances to ensure they implement the goals and policies of the Comp Plan. Staff is presenting a proposed ordinance amendment for approval by the Planning Commission. This is a continuation of the item which was tabled at the October 26, 2010, Planning Commission meeting. Mr. Zweber reviewed the comments brought to the Planning Commission at the October 26 meeting by Rosemount resident, Don Sinnwell, and provided staff's responses to those comments. The public hearing was opened at 6:41p.m. There were no public comments. MOTION by Kolodziejski to close the public hearing. Second by Powell. Ayes: 4. Nays: None. Motion approved. The public hearing was closed at 6:42p.m. Commissioner Powell stated that the Commission has reviewed these standards in great detail at several work sessions and he feels the City needs the basic standards and minimum restrictions in the downtown district. MOTION by Commissioner Powell to recommend the City Council adopt the DT: Downtown Zoning Ordinance. Second by Kolodziejski. Ayes: 4. Nays: None. Motion approved. PLANNING COMMISSION REGULAR MEETING MINUTES NOVEMBER 23, 2010 PAGE 2 Mr. Zweber stated that this item will go before the City Council at the December 15, 2010, work session meeting which is common for large review items and will tentatively go before the Council for approval at the January 4, 2011, meeting. b. Shafer Contracting Mineral Extraction Permit Renewal for 2011 (10- 26 -ME). 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 1 /4 mile west of Rich Valley Blvd. (County Road 71). Mr. Zweber reviewed the staff report. Vice Chair Irving asked if relations between the Applicant and the area residents have been improved over the year since the numerous issues mentioned at last year's Planning Commission meeting. Mr. Zweber stated he facilitated meetings with each household to talk about the issues and has been copied on correspondence between the parties during the year. Applicant, Scott Spisak, of Shafer Contracting, approached the Commission and stated he has had meetings with both residents regarding well issues and that the issues have been resolved due to Shafer ceasing the operation of their company well. He further stated that Shafer has compensated Gary Ista for the filtration of his well and they are waiting for Mr. Koehnen to submit his invoices for reimbursement. Mr. Spisak stated that 2010 was a low volume year for Shafer since highway construction projects are low. He stated they have made progress meeting the grades on the northern portion of the site particularly in Phase 2 where they have made the final grades and seeded the area. The company well is no longer used for dust control; it is only used now for the annual testing. The public hearing was opened at 6:58p.m. Charlie Koehnen, 12255 Rich Valley Boulevard, Rosemount, approached the Commission and stated that since Shafer had stopped drawing water from the Shafer well, their drinking water has been fit to drink and no longer smells. There were no further public comments. MOTION by Powell to close the public hearing. Second by Demuth. Ayes: 4. Nays: None. Motion approved. The public hearing was closed at 7:OOp.m. Commissioner Powell asked staff to clarify the exhibits to the mineral permit. Mr. Zweber displayed the different phasing plans and reclamation plan that are exhibits to the permit. Commissioner Powell then asked about the daily hours of operation and whether or not Shafer ever operates on holidays. Mr. Zweber stated there are no restrictions in the permit to working on holidays. He stated most major holidays are in the winter when the mine isn't operating. He stated the mine may be open on the 4t of July holiday in the event they are behind on a certain project and would like to continue working through the holiday. Commissioner Powell inquired whether there has ever been an incident report related to contamination. Mr. Zweber stated the material is tested before it leaves a job site and again when it gets to the Shafer site. He stated there was a time when the material was tested at the job site and was found to be contaminated and was not delivered to the Shafer site. PLANNING COMMISSION REGULAR MEETING MINUTES NOVEMBER 23, 2010 PAGE 3 Applicant Scott Spisak approached the Commission again to address a few comments. He clarified for Commissioner Powell that the phasing plan is included in the original document in the three ring binder submitted with the first mineral permit application. Mr. Spisak stated that Shafer employees do not work on holidays since holidays are typically double time unless they are way behind scheduled on a project which has never happened in 13 years. Mr. Spisak confirmed that Shafer does test the haulback material at the source site prior to hauling it to Shafer. MOTION by Powell to recommend the City Council renew the Shafer Mineral Extraction Permit for 2011. Second by Kolodziejski. Ayes: 4. Nays: None. Motion approved. Mr. Zweber stated this item is scheduled to go to the City Council for approval at the December 21, 2010, meeting. c. C1 Convenience Commercial District Text Amendment to Review and Update the C -1 District Standards (10- 27 -TA). This item was initiated by staff as part of implementing the 2030 Comprehensive Plan. Staff is in the process of reviewing the zoning ordinance to ensure its compliance with the goals and policies of the 2030 Comprehensive Plan. Staff recommends approval of the proposed changes to the C -1 district to meet the goals and policies of the Comprehensive Plan and create consistency with other commercial zoning standards. Planner Lindahl reviewed the staff report. Commissioner Powell asked how the change to eating and drinking establishments would affect the Tops Pizza business within the Cl district. Mr. Zweber replied that Tops Pizza currently has a 3.2 liquor license but they are currently in the progress of expanding and will also be expanding their liquor license. Commissioner Powell asked about the current expansion to the strip mall and how it would be affected by the ordinance amendment. Mr. Zweber stated the expansion will make the restaurant over the 2500 square feet with 3 tenants and that the current C1 ordinance requires an exterior of 100% brick. The Applicant chose to build it before the ordinance amendment with 100% brick wherein if he had chosen to wait until after the amendment came into effect, he would have been able to partial brick with other materials. Mr. Zweber further stated that a site plan review is required by the Commission only if the expansion is an increase of over 30% and the strip mall expansion came in just under that percent. The public hearing was opened at 7:20p.m. There were no further public comments. MOTION by Kolodziejski to close the public hearing. Second by Demuth. Ayes: 4. Nays: None. Motion approved. The public hearing was closed at 7:20p.m. MOTION by Kolodziejski to recommend the City Council approve the attached draft ordinance revising and updating Section 11 -4 -10 of the City Code relating to the C -1, Convenience Commercial District. PLANNING COMMISSION REGULAR MEETING MINUTES NOVEMBER 23, 2010 PAGE 4 Second by Irving. Ayes: 4. Nays: None. Motion approved. Mr. Lindahl stated this item is scheduled to go to the City Council for approval at the December 21, 2010, meeting. d. BP Business Park District Text Amendment to Update the Maximum Height Standard for Principal Buildings (10- 28 -TA). This item was initiated by staff in response to recent inquiries regarding warehouse and manufacturing development and the maximum height standard in the BP, Business Park district. Planner Lindahl stated that staff has reviewed height standards in surrounding communities and interviewed commercial brokers regarding the current needs of this industry. As a result, Mr. Lindahl stated that staff recommends approval of the attached draft ordinance increasing the maximum height standard for principal buildings in the BP, Business Park district from 40' feet to 50' feet. Mr. Zweber added that site review standards treat the BP district differently than other districts and requires only an administrative review in the BP district to expedite the building process. Mr. Zweber stated that the City wants to be conscious that the standards can meet the current market so the applicant does not need to come to the City Council for approval. Mr. Lindahl added that with additional height in building usually comes additional massing and one of the reasons that staff is comfortable with making these changes is that the BP district contains standards that should compensate for the additional massing and appearance of the larger buildings. The public hearing was opened at 7:27p.m. There were no further public comments. MOTION by Kolodziejski to close the public hearing. Second by Demuth. Ayes: 4. Nays: None. Motion approved. The public hearing was closed at 7:28p.m. Commissioner Powell asked whether or not the increase in building height creates any Fire Department concerns. Mr. Lindahl responded that there are other 50 foot buildings in Rosemount and therefore, staff is confident that the Fire Department can handle the increase. MOTION by Irving to recommend the City Council approve the attached draft ordinance updating Section 11 -4 -15 of the City Code increasing the maximum height standard for principal buildings in the BP, Business Park district from 40' to 50'. Second by Kolodziejski. Ayes: 4. Nays: None. Motion approved. Mr. Lindahl stated this item is scheduled to go to the City Council for approval at the December 21, 2010, meeting. Old Business: None. New Business: a. 2011 -2020 CIP. Minnesota Statute 462.356 Subd.2 requires that the Planning Commission provide a written report to the City Council that the Capital Improvement Plan (CIP) is in compliance with the Comprehensive Plan. The City of Rosemount does a 10 -year CIP to anticipate the financial needs PLANNING COMMISSION REGULAR MEETING MINUTES NOVEMBER 23, 2010 PAGE 5 of the City beyond the current year's budget. Minnesota Statutes require that the Planning Commission review the CIP to ensure that the investments made by the City are in compliance with and implement the goals of the Comprehensive Plan. To help make that determination, the Planning Commission is provided as attachments to this report, the 2011 2020 CIP and the 2008 2017 CIP that was within the adopted Comprehensive Plan. Commissioner Powell asked what the basis is for the percentage of assessments being assessed under the pavement management program. Project Engineer Olson stated that the numbers are based on project that are assessment specific and the rates are determined on a unit basis or a percentage basis based on the projects and the Street CIP Plan. MOTION by Irving to find the 2011 2020 Capital Improvement Plan in Compliance with the Rosemount Comprehensive Plan. Second by Powell. Ayes: 4. Nays: None. Motion approved. Mr. Zweber stated this item is scheduled to go to the City Council for approval at the December 7, 2010, meeting. Before going on to Reports, Vice Chair Irving stated that immediately following the regular meeting, the Board of Appeals and Adjustments will be meeting to discuss one item. Reports: Senior Planner Zweber asked the Commission to give input on which Tuesday of December they would prefer to hold the December Planning Commission meeting. All the Commissioners present replied that either Tuesday would work. Mr. Zweber stated he would get Chairperson Ege's input and inform the Commission on the decided date. 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 7:38p.m. Respectfully Submitted, Kathie Hanson, Recording Secretary 410 BOARD OF APPEALS AND ADJUSTMENTS MEETING MINUTES NOVEMBER 23, 2010 PAGE 1 CaII to Order: Pursuant to due call and notice thereof, a meeting of the Board of Appeals and Adjustments was held on Tuesday, November 23, 2010. Chairperson Ege was absent. Vice Chair Irving called the meeting to order at 7:38p.m. with Commissioners Kolodziejski, Demuth, and Powell present. Also in attendance were City Administrator Johnson, Community Development Director Lindquist, Planner Lindahl, Senior Planner Zweber, Project Engineer Olson and Recording Secretary Hanson. Additions to Agenda: None. Audience Input: None. Consent Agenda: None. Public Hearings: None. Old Business: None. New Business: a. Request by Celtic Crossing LLC for Joint Use of Parking Areas (10- 29 -V). Celtic Crossing, LLC owns the 33,343 square feet, two building, multiple tenant commercial complex named Celtic Crossing located on the west side of Crestone Avenue between County Road 42 (150`'' Street) and 151 Street. Celtic Crossing has multiple retail tenants (hair stylist, liquor store, used games, etc.), an eye clinic, a dentist, two restaurants, and some vacant tenant space. The owner is considering adding a restaurant into some of the vacant space. Addition of a food establishment would put the number of required parking spaces well over the parking provided. The development, originally approved as a PUD, calculated parking by estimating the amount of parking stalls needed for all commercial development. The City Code allows the Board of Appeals and Adjustments to allow a reduced parking standard for shared parking in multiple tenant complexes. Staff is recommending that Board of Appeals and Adjustments allow Celtic Crossings to provide up to 261 seats of restaurant space which is over the parking standards if calculated by individual use. Mr. Zweber stated that therefore, staff is recommending shared parking on the site to permit multiple restaurant users. Commissioner Irving asked staff if the shared parking would be an issue for the other tenants such as the eye clinic and the video game store. Mr. Zweber stated that the other uses in the complex have different hours and the parking provision allows the Board of Appeals to look at areas on a case by case basis where different uses are concerned. Commissioner Demuth asked if staff completes an inspection of the restaurant and actually counts the number of seats. Mr. Zweber stated that the first step in the process is for the applicant to receive a building permit and with that, the Metropolitan Council makes the determination of the sewer demand which is also based on the number of seats. The more seats they have, the more sewer fees they pay. Mr. Zweber then stated that building and fire inspections are then conducted to ensure that the number of seats they applied for matches what has been installed. The Applicant was present but did not provide comment. Commissioner Powell stated he felt this was an excellent way to utilize underused parking and agreed with staff's appraisal that the parking lot is rarely full. He further stated that this will allow flexibility for the applicant now that can be reexamined in the future for possible adjustment. BOARD OF APPEALS AND ADJUSTMENTS MEETING MINUTES NOVEMBER 23, 2010 PAGE2 MOTION by Powell to Allow the Joint Use of the Celtic Crossing Parking Lot for Up to 261 Seats of Restaurant Space Along with 26,000 Square Feet of Retail or Any Other Combination of Joint Uses that Does Not Raise the Parking Demand to Parking Provided above 120 Second by Irvin. Ayes: 4. Nays: None. Motion approved. Mr. Zweber stated this is a provision that allows the Board of Appeals to make the final decision and no City Council approval is needed. The Applicant can now move onto obtaining the building permit. Reports: None. Adjournment: There being no further business to come before this Commission, Commissioner Irving made a motion to adjourn. Upon unanimous decision, the meeting was adjourned at 7:51p.m. Respectfully Submitted, Kathie Hanson, Recording Secretary