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HomeMy WebLinkAbout20110322 PCM RM Minutes PLANNING COMMISSION REGULAR MEETING MINUTES MARCH 22, 2011 PAGE 1 Call to Order: Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, March 22, 2011. Chairperson Ege called the meeting to order at 6:30p.m. with Commissioners Kolodziejski, and Powell. Commissioners Demuth and Irving were absent. 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 February 22, 2011, Regular Meeting Minutes MOTION by Kolodziejski to approve the Consent Agenda. Second by Ege. Ayes: 3. Nays: None. Motion carried. Public Hearings: a. Text Amendment to Home Occupation Ordinance to Prohibit Tattoo Parlors in Individual Residences (11- 03 -TA). Senior Planner Zweber stated the State has enacted a Statute to license body art establishments (tattoo parlors and body piercing). The Statute includes standards to license body art establishments in homes but also allows municipalities to adopt ordinances more restrictive than the State Statute. Mr. Zweber stated that staff has initiated the text amendment to prohibit body art establishments from the Home Occupation Ordinance. Chairperson Ege asked if the state issues the license and then conducts periodic reviews of the in- home business to insure it's operating correctly, why then would the city would have a health concern with this particular use. Mr. Zweber responded that it is correct to say that the state will review the establishment, but that staff's concern is whether or not this particular use is appropriate in the residential zoning district. He stated that some uses should be separate from others and that there would be no way the City would know whether or not the establishment was operating correctly. Also staff is concerned with how close a proximity it would be to families. Chairperson Ege stated that even if the business was located in the mall off of 151 Street, it would be closer to homes than it possibly would be in a residence on a lot with acreage. Mr. Zweber stated that was correct but while it may be proper in some locations, it may not be proper in others such as within an apartment building with tenants next to each other. However, he further stated that it is up to the Commission to make their recommendation. Chairperson Ege then asked if the ordinance could be amended to allow tattoo parlors and body piercing only in single family homes, possibly with extra acreage. Mr. Zweber stated that it could be done but that it would not be an easy process since this standard applies to any residential district; staff would have to look at individual residential districts to determine which districts the change would apply to. PLANNING COMMISSION REGULAR MEETING MINUTES MARCH 22, 2011 PAGE 2 Chairperson Ege questioned staff's concern with the negative impacts such a business would have and wondered if staff meant "negative connotations" instead. Mr. Zweber replied that there is a possibility of negative health impacts in the event the business would not operate correctly. Commissioner Kolodziejski asked whether or not an in -home beauty salon business could do body piercing as part of their business. Mr. Zweber replied that the hair salon would need to have both licenses for the hair salon and the body piercing. Commissioner Kolodziejski further asked if this amendment did not pass, would an establishment apply with the city in order to have an in -home business. Mr. Zweber replied that they would only have to apply with the state and the city may not ever be aware of them unless they violated other standards in the current home occupation ordinance. Commissioner Powell stated that according to the state statute, the business would have to have a entrance separate from the living area and asked if that would be enough to discourage in -home businesses of this type. Mr. Zweber stated that it could be difficult but not impossible to achieve a separate entrance from the living area. The public hearing was opened at 6:46p.m. There were no public comments. MOTION by Powell to close the public hearing. Second by Kolodziejski. Ayes: 3. Nays: None. Motion approved. The public hearing was closed at 6:46p.m. Chairperson Ege questioned why the Council decided not to proceed with the business license for the tattoo parlor coming to Rosemount. Mr. Zweber stated the council felt the Department of Health was more qualified to issue licenses to these types of establishments than city staff. Commissioner Powell stated that with Section I. of the proposed text amendment, together with the state statute, the restrictions seem to be quite stringent with respect to these types of businesses. He questioned why the city would have to know of a home occupation in a benign situation with no impact on the neighbors. Chairperson Ege stated that the motion will be made to recommend the City Council approve a text amendment to 11 -2 -16: Home Occupations to prohibit Body Art Establishments and asked for a second. Second by None. Motion failed. Commissioner Kolodziejski stated he would rather send the motion to the Council without a recommendation due to having outstanding issues with some of the ordinance requirements and no public input. MOTION by Kolodziejski to forward the text amendment to 11 -2 -16: Home Occupations to prohibit Body Art Establishments to the City Council without a recommendation from the Planning Commission. Second by Powell with discussion. PLANNING COMMISSION REGULAR MEETING MINUTES MARCH 22, 2011 PAGE 3 Commission Powell stated that only 3 of the 5 Planning Commissioners were present to discuss this item and with no public input, he offered a friendly amendment to Commissioner's Kolodziejski's motion to table the item to the next Planning Commission meeting rather than forward it on to the City Council without recommendation. Commissioner Kolodziejski agreed that the item warrants further discussion and withdrew his previous motion. MOTION by Powell to table the text amendment to 11 -2 -16: Home Occupations to prohibit Body Art Establishments to the Planning Commission meeting on April 26, 2011. Second by Kolodziejski. Before a vote was taken on the motion, Mr. Zweber stated that if the item was going to be tabled, he wanted the Commission to let him know what method they wanted to use to try to gather public input beyond the public hearing notification, and specifically what questions they had beyond staff's potential health concerns. He further stated that on the day the public hearing notice was sent for publishing, he received two calls: one from a resident in support of the prohibiting amendment; and one from KSTP who was doing a story on this topic on their website. He stated that staff could request the press to take a larger issue on this to possibly receive more public interest. Chairperson Ege stated she is supportive of tabling the item although she understands that this was a public hearing with the proper notice and no one was present. She stated that the Commission can state the recommended action and officially not agree with staff's position or have the item tabled to the next meeting with additional follow up and possibly a full panel. Commissioner Kolodziejski stated he would like to know what other communities have experienced, if they have this type of business in homes, and whether or not they have more restrictive rules. Chairperson Ege asked Mr. Zweber if the City of Rosemount has experienced problems with this type of business in the past. Mr. Zweber stated that if there has been a problem, the City has been unaware of it. The City has not issued any licenses for in -home tattoo parlors. Chairperson Ege asked whether or not in -home beauty salons are able to offer ear piercing. Mr. Zweber replied only if they have the license from the state Department of Health that allows them to do that and if the proposed text amendment is approved, no one would be able to pierce someone's skin, aside from a medical reason, in an individual residence. Chairperson Ege then asked what is deemed appropriate body piercing, even for the new business moving into the C4 district. Mr. Zweber made a reference to the definitions within the state statute of body art and body piercing, which definitions do not include legitimate medical reasons. Commissioner Powell stated that the definition of body piercing in the state statute does not include regular ear piercing. A vote was taken on the motion on the floor. Ayes: 3. Nayes: None. Motion approved. The item is tabled until the April 26, 2011, Planning Commission meeting. PLANNING COMMISSION REGULAR MEETING MINUTES MARCH 22, 2011 PAGE 4 Old Business: None. New Business: a. Request by U.S. Home Corporation to Approve the Glendalough 3 Addition Final Plat (11-01 FP). Planner Lindahl stated the applicant, U.S. Homes, requests final plat approval for Glendalough 4 Addition. The proposed final plat would create 25 new single family lots along an extension of Carlingford Lane. This property is the final development within the Glendalough neighborhood and the larger Evermoor development. Mr. Lindahl reviewed the plans of the final plat with the Commission and stated that staff finds the proposed final plat consistent with the applicable standards for this development. Commissioner Powell stated that Condition #5 should read Block 3, not Block 2. He further asked what landscaping was proposed for the island within the cul -de -sac. Mr. Lindahl stated that according to the planting list, it appears to have the same trees that are proposed for the boulevard which are Northern Pine Oaks. MOTION by Powell to recommend the City Council approve the Final Plat for Glendalough 4''' Addition, subject to the following conditions: 1. This final plat is subject to the terms and conditions of the existing Evermoor PUD agreement including specific housing products and development standards. 2. Submission of a revised landscape plan containing, at a minimum, the plantings listed on the Preliminary Plantings Plan. The 16 Fall Golden Ash trees shall be replaced with an acceptable alternate to guard against potential spread of the Emerald Ash Borer beetle. 3. Provide a landscape security equal to 110% of the value of the plantings on the final approved landscape plan, currently estimated at $26,400. 4. Drainage and utility easements shall be incorporated into the final plat as deemed necessary upon review of the final utility plan at the discretion of the City Engineer. 5. The side lot easement between Lot 1 and Lot 2 on Block 3 2 shall be 10 feet on either side of the shared property line to accommodate the watermain from the Evermoor Glendalough 7 Addition. 6. The vacation of the drainage and utility easement over Glendalough 3rd Addition Outlot A shall be applied for by petition. 7. A drainage and utility easement shall be recorded over Outlot A. 8. A street lighting plan shall be submitted for review. 9. Include all easements and tabulated easement areas on the Mylar copy of the final plat. 10. Payment of all applicable fees including but not limited to those detailed in the table below. PLANNING COMMISSION REGULAR MEETING MINUTES MARCH 22, 2011 PAGE 5 Estimated Development Fees (due before signed plat is released areas to be revised as plat is revised) No Item Cost Calculation 1 GIS Fees 1500 $60 /unit 25 units Paid in full with Evermoor Glendalough 6 2 Storm Sewer Trunk Charge 0 Addition Sanitary Sewer Trunk 3 Charge 0 Paid with building permit per Evermoor PUD 4 Watermain Trunk Charge 0 Paid with building permit per Evermoor PUD Total 1500 Second by Kolodziejski. Ayes: 4. Nays: None. Motion approved. Mr. Lindahl stated that this item will go before the City Council at the April 19, 2011, regular council meeting which will include the review of the final plat the easement vacation application. Reports: a. UMore Alternative Urban Areawide Review (AUAR) Scenarios (11- 04 -CP). Senior Planner Zweber stated the City is beginning an alternative urban areawide review (AUAR) for the UMore property with the University of Minnesota and Empire Township. The first step of the AUAR is creating the scenarios (land use maps) evaluated within the AUAR. To begin this process, the Regents' adopted UMore Concept Plan will be evaluated. Mr. Zweber continued with an explanation of the process and a review of three maps: first, the Regents adopted UMore Concept Plan; second, the HKGi modified concept plan; and third, the Rosemount staff interpretation of the concept plan. Mr. Zweber stated that Rosemount will be responsible for the AUAR and the Planning Commission will hold a public hearing as part of the AUAR approval process. Chairperson Ege stated her concern with the additional enrollment in schools the increase in housing would cause. Commissioner Powell asked staff for more clarification on the process with respect to the development scenarios. He further asked if the Planning Commission is to assume that all environmental issues have been taken care of when determining the appropriate land uses. Mr. Zweber responded that there will probably be two maps one commercial, one residential. There will be two different scenarios using the residential map: one using the density level proposed by the HKGi modified concept plan; and one using the density level proposed by city staff. Mr. Zweber stated that the University is conducting an environmental review of all property not included in the mining EAW and from that analysis, the cost can be determined of bringing the site to a residential standard. From that information, the maps can be adjusted accordingly. Mr. Zweber further stated that it will possibly take six months to come up with the three scenarios and another 18 months to do the AUAR. Commissioner Powell then asked whether or not the information from the environmental analysis will affect the level of green spaces on the concept plan. Mr. Zweber responded that it will have more of an impact on where the proposed eco— industrial park will be located. PLANNING COMMISSION REGULAR MEETING MINUTES MARCH 22, 2011 PAGE 6 Mr. Zweber went on to address Chairperson Ege's earlier question about where all of the additional children will go to school. He stated that Eagan's enrollment declining and Apple Valley's enrollment has leveled out recently while Rosemount's enrollment is growing. The district may have to re- evaluate the boundaries that determine which schools the students go to. Adjournment: There being no further business to come before this Commission, Chairperson Ege made a motion to adjourn, seconded by Commissioner Powell. Upon unanimous decision, the meeting was adjourned at 7:41p.m. Respectfully Submitted, Kathie Hanson, Recording Secretary