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HomeMy WebLinkAbout20110426 PCM RM Minutes PLANNING COMMISSION REGULAR MEETING MINUTES APRIL 26, 2011 PAGE 1 CaII to Order: Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, April 26, 2011. Chairperson Ege called the meeting to order at 6:30p.m. with Commissioners Kolodziejski, Powell, Demuth, Irving, Miller and DiNella present. Also in attendance were Senior Planner Zweber, Planner Lindahl, Project Engineer Olson and Recording Secretary Hanson. The Pledge of Allegiance was read. Recording Secretary Hanson administered the oaths of office to new Planning Commissioners Wade Miller and Bruno DiNella. The City of Rosemount's City Council appointed Bruno DiNella and Wade Miller as Planning Commissioners effective April 1, 2011. They are beginning new two year terms that will expire on March 31, 2013. Additions to Agenda: None. Audience Input: None. Consent Agenda: a. Approval of the March 22, 2011, Regular Meeting Minutes. MOTION by Kolodziejski to approve the Consent Agenda. Second by Powell. Ayes: 7. Nays: None. Motion carried. Public Hearings: a. Request by U.S. Home Corporation for a Comprehensive Guide Plan Amendment (11- 05 -CP). U.S. Home Corporation (Lennar) has submitted an application for a comprehensive guide plan amendment to change the land use designation for a 27 acre parcel in Prestwick Place from Medium Density Residential to Low Density Residential to construct approximately 65 single family homes. Commissioner Miller asked what the unit size was; how changing the density will affect the traffic volume and the lots closest to the highway; how reducing the density will affect the economic impact of the commercial area; and what was Lennar's motivation was behind the density reduction. In response, Mr. Lindahl replied that Lennar had looked at a smaller house design, similar to the Glendalough neighborhood, at 50 feet wide within a 65 foot lot, but that detail will be discussed more during the PUD amendment stage. With respect to the traffic in the area, Mr. Lindahl stated that staff is confident that decreasing the density will not have an adverse affect of the traffic in the neighborhood. He further stated that traffic will be buffered from the lots adjacent to the highway with berming and landscaping and the lots will be at a greater depth in that area. Mr. Lindahl stated that staff anticipates that the businesses in Prestwick would draw from a larger trade area then just this development and any type of residential development in this area would encourage commercial development. To answer the question about Lennar's reason for the change, Mr. Lindahl stated that with the change in the housing market, there is a shortage of single family homes in Rosemount and Dakota County but the applicant could provide a more detail response. In addition, PLANNING COMMISSION REGULAR MEETING MINUTES APRIL 26, 2011 PAGE 2 Senior Planner Zweber gave a brief background of Lennar's building history and current status of multiple family housing projects within Rosemount. Commissioner Powell stated his concern with losing commercial possibilities due to the reduction in density and with the berming and landscaping to screen the homes from the highway. Mr. Lindahl showed the Commission on the land use map where other medium density housing will be located. Commissioner Powell also asked if there was any infrastructure in Outlot G at this point and Project Engineer Olson replied that there is no infrastructure there at this time. He further stated that the design plans and details for the extension of Connemara Trail to Akron Avenue are nearing completion. The applicant, John Aune, with Lennar, approached the Commission and stated he would welcome any questions from the Commission. Commissioner Miller asked for evidence from the applicant as to how Lennar has determined that single family homes are selling faster than townhomes. Mr. Aune replied that in their experience in the metro area, all of Lennar's attached products are struggling and they have had success in the Glendalough community with single family homes. He further stated that certain submarkets are historically higher and Glendalough has been rated number 2 or 3 in the Twin Cities area. Commissioner Miller asked what Lennar will do to make the community a more green sustainable community to coincide with the future UMore development to the south. Mr. Aune stated that Lennar always strives for energy efficient homes and more details on this will be provided in the preliminary plat process. The public hearing was opened at 7:03p.m. There were no public comments. MOTION by Powell to close the public hearing. Second by Kolodziejski. Ayes: 7. Nays: None. Motion approved. The public hearing was closed at 7:03p.m. Commissioner Powell stated there should also be screening of the commercial area to the east of the housing development. MOTION by Powell to recommend the City Council approve a comprehensive plan amendment to change the future land use designation of Outlot G, Prestwick Place from MDR Medium Density Residential to LDR Low Density Residential subject to the following condition: 1. Approval of the Comprehensive Plan Amendment by the Metropolitan Council. Second by Demuth. Ayes: 6. Nays: 1 (Miller). Motion carried. Planner Lindahl stated this item will go before the City Council on May 17, 2011. b. Request by Frana Companies Wall Plant for Site Plan Review of an Expansion to Their Facility (11 06 SP). Frana Companies Wall Plant has submitted an application for site plan approval of an 8,070 square foot expansion to their existing 30,400 square foot building. The property is located at 2785 160t Street West. According to the applicant, the addition will allow the company to PLANNING COMMISSION REGULAR MEETING MINUTES APRIL 26, 2011 PAGE 3 redistribute the operations of the current building into new space and will not include additional employees. Commissioner Miller asked if the site is capable of handling the additional stormwater runoff. Project Engineer Olson replied that the existing stormwater pond onsite will meet the stormwater filtration unless additional impervious surfaces are added and then additional stormwater management will be required. Commissioner DiNella asked if the applicant will be required to comply with ADA requirements in the parking lot. Mr. Lindahl replied that the applicant is required to comply with ADA requirements and that compliance is more specifically addressed in the building permit process. Commissioner Powell stated his support for the proof of parking approach since additional parking would require additional stormwater management. Mr. Lindahl added that there has been discussion of possibly increasing the storage area on the rear portion of the site which is currently a gravel surface. If the applicant decides to increase the storage area, they would be required to add impervious surfaces which would also trigger a reexamination of the stormwater ponding on the site. Mr. Lindahl also stated that the applicant's plans call for relocating the fence to the outer perimeter of the site. This alone would not increase the outdoor storage or impervious surface area. Commissioner Miller asked if the site is subject to industrial stormwater discharge permitting requirements. Project Engineer Olson stated that the applicant operates under the City's MS4 permit and that the stormwater and infiltration basin on site does meet the City's requirements. Commissioner Miller asked if staff knew if the applicant was under the MSG for the State or know of their SIC code, and staff replied that staff does not have that information. Commissioner Powell asked for confirmation that the applicant has complied with the 2006 conditions and asked what the additional fees are for as indicated in the Engineering report. Mr. Lindahl responded the applicant has complied with the planning portion for the addition. With respect to the landscaping, the applicant's proposed plan does not match the existing conditions or the landscaping required as part of the 2006 addition and they will be required to submit a revised plan. Mr. Olson responded to the fees question by stating that the additional estimated fees reflect the additional area proposed consistent with the fees in 2006. Commissioner Powell asked if the applicant will be able to match the existing wall color and texture. Mr. Lindahl replied that even though the new addition is behind the building and several feet away from a visible area, staff expects the applicant will try to match the color and texture as soon as possible. The applicant, Boyd Netley, of Frana Companies, approached the Commission to answer questions. Commissioner Miller asked the applicant if Frana Companies is subject to the multi sectional general permit with the State and Federal and asked if he knew the SIC code. Mr. Netley replied that he did not know for sure if they were subject to the MSG permit but that the City said they were compliant with all City requirements and the prior project manager on the past project had not mentioned any other permitting requirements. Mr. Netley responded that he did not know the company's SIC code. Commission Miller asked if the company manufactures pre- fabricated concrete construction and Mr. Netley responded that the company constructs pre- fabricated wood and pre- fabricated steel walls with no hazardous material involved. Mr. Netley also stated that Frana plans on using the same providers of the building materials as in the past with the same color and material. PLANNING COMMISSION REGULAR MEETING MINUTES APRIL 26, 2011 PAGE 4 The public hearing was opened at 7:24p.m. There were no public comments. MOTION by Ege to close the public hearing. Second by Irving. Ayes: 7. Nays: None. Motion approved. The public hearing was closed at 7:24p.m. Commissioner Miller asked staff if there was a way to make a determination of the SIC code, and if the applicant is subject to stormwater requirements and federal permiting. Mr. Lindahl responded that the applicant has followed the City's internal standards but the Commission can add a condition that all federal or state standards need to be followed. Commissioner Powell stated it is his understanding that the company is not subject to federal or state requirements but that they fall under the City's MS4 permit and are required to present a stormwater pollution prevention plan and stormwater management plan and as long as they adhere to those requirements, they would be in compliance, but Commissioner Powell stated he did not object to adding an additional condition. MOTION by Miller to approve the site plan for Frana Sons to allow construction of an 8,070 square foot addition on the existing Frana Wall building at 2785 160t Street West, subject to conditions. 1. Issuance of a building permit. 2. Submission of elevation plans and a narrative confirming the exterior material for the proposed addition will match the existing building and conform to the standard of the GI, General Industrial district. 3. Submission of a revised Proof of Parking Plan illustrating at least 30 additional off street parking stalls and associated stormwater ponding area. The applicant will be required to install the additional parking and stormwater ponding upon notice from the City that a parking shortage has been observed on the site. 4. Submission of a revised landscape plan illustrating the existing plantings as well as 14 additional trees required for the proposed addition. 5. Submission of a landscape security equal to one hundred and ten percent (110 of the total cost of the required plantings. 6. Conformance with all conditions of the City Engineer as outlined in the memo dated April 21, 2011 prior to issuance of a building permit. 7. Adhering to all state and federal stormwater requirements. Second by Irving. Ayes: 7. Nays: None. Motion carried. Mr. Lindahl stated the applicant will now move on to the building permit process subject to the conditions. PLANNING COMMISSION REGULAR MEETING MINUTES APRIL 26, 2011 PAGE 5 c. Request by TNT Fireworks to Renew Their Interim Use Permit to Operate a Fireworks Sales Lot (11 -07 -IUP). TNT Fireworks has submitted an interim use permit application to renew their permit to operate a fireworks sales lot in the Cub Foods parking lot. This application is required because the City amended the commercial zoning standards in November 2005 to classify temporary outdoor sales lots as transient merchants requiring an Interim Use Permit. Should the City renew the IUP, TNT will operate the sales lot in the northeast portion of the Cub Foods parking lot in the Rosemount Village Shopping Center located at 3784 150 Street West. Commissioner Powell asked if the City could revoke the permit at any time during the term of the permit if the applicant would be found in violation of any of the conditions during that time. Mr. Lindahl stated that it states within the permit in #5 that violation of any condition or otherwise unlawful activity may result in immediate revocation of the IUP. The applicant, Michele Hoagland, 15764 Cicerone Court, Rosemount, approached the Commission and stated she has been the operator of the TNT tent for the last four years. There were no questions from the Commission for the applicant. The public hearing was opened at 7:33p.m. There were no public comments. MOTION by Ege to close the public hearing. Second by Irving. Ayes: 7. Nays: None. Motion approved. The public hearing was closed at 7:33p.m. MOTION by Ege to recommend the City Council renew the Interim Use Permit (IUP) for TNT Fireworks to allow a temporary fireworks sales lot in the northeast portion of the Cub Foods parking lot in the Rosemount Village Shopping Center, subject to the following: 1. Conformance with all conditions outlined in the attached Interim Use Permit for 2011 through 2015. Second by Powell. Ayes: 7. Nays: None. Motion carried. Planner Lindahl stated this item will go to the City Council for approval on May 17, 2011. d. Request by SKB Environmental, Inc. for a Mineral Extraction Permit to Conduct Sand and Gravel Mining for Off -site Locations (11- 08 -ME). SKB Environmental, Inc. has submitted an application for a mineral extraction permit to conduct sand and gravel mining on property owned by Otto Ped and Grace Kuznia. The property last received a Mineral Extraction Permit in 2008 with Solberg Aggregate Company as the operator. In 2010, Solberg Aggregate performed some grading and seeding for interim reclamation before Solberg moved to operate the Stonex /Vesterra mine on Bonaire Path. SKB Environmental requests a modification to the permit to allow mining down to the 840 foot elevation and backfilling with material from construction projects of its sister company, Carl Bolander and Sons. This modification is similar to the backfill permits for Danner and Shafer's operations. PLANNING COMMISSION REGULAR MEETING MINUTES APRIL 26, 2011 PAGE 6 Commissioner Miller asked if there were seasonal fluctuations in the groundwater and what the method of quality control is for the backfill. Senior Planner Zweber responded that the groundwater may peak a small amount during rainfall but they have not had any evidence of it rising on other occasions. With respect to the backfill quality control, Mr. Zweber responded that the applicant has submitted a protocol which was attached to the staff report. To further explain the process, Mr. Zweber stated that the material is tested before it leaves the site to come to the SKB site. Staff receives and reviews a report twice a year that shows the environmental testing and to date, the process has worked well. Commissioner Powell asked if the term in the permit should be 2012 or 2011, what the hours of operation will be, and if the minimum depth of topsoil should be 2 inches or 3. Mr. Zweber responded that the term of the permit in Item D should be December 31, 2011, but the insurance bond should be six months longer in case there are corrections that need to be done during the summer months. He stated he would let the applicant answer the question on the hours of operation and that the 2 inches of topsoil is what the City ordinance requires but if the applicant wants to install more than that, it is encouraged but not required. Commissioner Demuth asked if the referenced final elevation of 862 feet on Page 2 of the staff report was correct. Mr. Zweber stated that the 880 elevation is towards the top of the ridge while the 862 is a contour towards the bottom of the berm. The applicant, Richard O'Gara, president of SKB Environmental, approached the Commission and stated that SKB's landfill is directly north of the Ped Kuznia property. He stated they have monitoring wells surrounding the property they use to test the water quality and every three months they test the level of the groundwater. Mr. O'Gara stated they've seen the groundwater level go down more than rise and there is a 30 foot separation between their operation and where they have located the groundwater. Mr. O'Gara stated their hours of operation are from 7:00a.m. to 7:OOp.m., and typically on Saturdays during the summer months. He stated they do not usually work on Sundays and very seldom work until 7:00p.m. but would like the approval to do so. With respect to the top soil question, Mr. O'Gara stated that the three inches referred to in the protocol is similar to other applicants. Commissioner Demuth inquired about the clean fill for the site and what type projects SKB will have. Mr. O'Gara responded that they will have projects that have excess soil and will bring that soil onto the Ped Kuznia property to remediate the levels on that site. Commissioner Demuth asked if the soil could be used at the landfill. Mr. O'Gara replied that SKB has plenty of cover that is minimally contaminated which can be used in the landfill because of the liners. Mr. Zweber gave an additional explanation of SKB's interim use permit having to do with cover for their landfill. Commissioner Miller asked if there will be liner at the reclamation site and Mr. O'Gara replied no. Commissioner Miller then asked if SKB they plan on implementing a QAQC plan. Mr. O'Gara replied that typically, SKB completes a sample testing every 3000 cubic yards and the testing is completed at the construction site before the soil leaves for Rosemount. Mr. Zweber added that staff included a QAQC requirement within the permit but it will submitted from the testing company within their testing reports and it varies depending on what construction project the clean fill is coming from. Commissioner Miller stated he wants to make sure there is a QAQC process in place particularly when there is soil coming to a site with no liner. Mr. O'Gara explained the process that SKB goes through with developers and the independent testing companies the PLANNING COMMISSION REGULAR MEETING MINUTES APRIL 26, 2011 PAGE 7 developers have hired to insure that the soil is clean before it comes to Rosemount. Mr. O'Gara stated that SKB's construction workers are also trained to identify contaminated soils. Commissioner Demuth clarified for the applicant the difference between County and State requirements with respect to using contaminated soils for backfill stressing that Dakota County has higher standards than the state. Mr. O'Gara insured the Commission that SKB will be abiding by all standards. The public hearing was opened at 8:04p.m. There were no public comments. MOTION by Ege to close the public hearing. Second by Kolodziejski. Ayes: 7. Nays: None. Motion approved. The public hearing was closed at 8:04p.m. Commissioner Irving asked about the reason for different governmental bodies mentioned in the IUP as having requirements to follow. Mr. Zweber explained that while City staff has a good understanding of mining in Rosemount, anyone wanting to mine in Minnesota needs to follow the federal and state rules and even though the referenced agencies may be regulating the same thing, the applicant is required to obtain all other permits. Commissioner Powell stated that similar requirements for best management practices are included in Item V of the mineral permit that are regulated by the MPCA and the US Environmental Protection Agenda coincide with the standards that the City has asked that the applicant has to follow. MOTION by Powell to recommend the City Council approve the SKB Environmental, Inc. Mineral Extraction Permit for 2011 and modify the Mineral Extraction Permit to allow the mining to the 840 foot elevation, subject to: 1 Conformance with the attached 2011 Conditions for Mineral Extraction, including the submission of an updated Surety Bond in the amount outlined in the attached 2011 Conditions for Mineral Extraction. 2 Mining shall be limited to no deeper than the elevation of 840 foot mean sea level. In no instance shall any mining occur within the groundwater aquifer. 3 Blasting or the use of explosives is prohibited in the mining of the SKB Environmental, Inc. gravel pit. 4 Submit bi- annual reports to the City containing information about the quantities of material brought in, where the material came from, and the test results of the material. 5 Conformance with Sand and Gravel Backfill Protocol, 145 Street Sand Pit Ped Property. Second by DiNella. Ayes: 7. Nays: None. Motion carried. Mr. Zweber stated that this item is scheduled to go before the City Council on May 17, 2011. e. Request by Valley Paving, Inc. for Renewal of Their Interim Use Permit (11 -09 -IUP). Valley Paving, Inc. has submitted an application for renewal of their interim use permit for a portable asphalt plant used in the production of hot mix asphalt. Valley Paving, Inc. had leased the southeastern corner of the Continental Nitrogen site at 12955 Courthouse Boulevard to install an PLANNING COMMISSION REGULAR MEETING MINUTES APRIL 26, 2011 PAGE 8 asphalt plant and associated stockpile material through December 31, 2011. Since the 2010 permit, Continental Nitrogen has sold a portion of their site to Origin to Destination, LLC (aka Feed Products) which includes the access road serving the Valley Paving asphalt plant site. Valley Paving has received an access agreement from Feed Products to continue to use the internal roads as truck haul routes to their asphalt plant. The applicant, Charlie Borene, with Valley Paving, approached the Commission and stated there is no mining involved, only a commercial asphalt plant. The public hearing was opened at 8:13p.m. There were no public comments. MOTION by Ege to close the public hearing. Second by Powell. Ayes: 7. Nays: None. Motion approved. The public hearing was closed at 8:13p.m. MOTION by Kolodziejski to recommend that the City Council approve an Interim Use Permit for Valley Paving, Inc. subject to: 1. Conformance with the standards of the Asphalt Plant Interim Use Permit of the Zoning Code Section 11- 4 -16 -1 E. 2. The asphalt plant and associated material stockpiles shall be limited to the boundaries of the "plant site" shown on the site plan. 3. The expiration date of the IUP will be December 31, 2011; any extension must be approved by the City Council. 4. No significant or heritage trees, as defined by the City Code, shall be removed as a result of the operation of the asphalt plant. Second by Irving. Ayes: 7. Nays: None. Motion carried. Mr. Zweber stated this item will go before the City Council on May 17, 2011. f. Request by McDonald's USA, LLC for a Site Plan Review and Conditional Use Permit to Rebuild the Existing McDonald's Restaurant (11 -10 -SP and 11 -11 -CUP). McDonald's USA, LLC has submitted applications for site plan review and conditional use permit to allow for the complete rebuilding of the existing McDonald's restaurant. Senior Planner Zweber reviewed the details of the new design and the requirements of the conditional use permit. Commissioner Irving asked about a new sign with the golden arches and whether or not it meets the new sign ordinance. Mr. Zweber replied that the applicant had not submitted a sign plan yet which would be approved administratively. However, the existing sign meets the height standards but not the material standards of the sign ordinance, so if the applicant plans on changing the sign, it would have to meet the existing standards. The applicant, Brent Nasset, of Kimley —Horn Associates, Inc., on behalf of McDonalds, approached the Commission and explained that they are pushing the building more to the center of the site to allow for more landscaping and decrease the amount of impervious surface coverage. Mr. Nasset also stated they are updating the existing stormwater catch basins to allow for better drainage on the site and increasing the greenspace. Commissioner Miller asked if there will be bike parking at the site and Mr. Nasset replied no. PLANNING COMMISSION REGULAR MEETING MINUTES APRIL 26, 2011 PAGE 9 Commissioner Powell asked if there was any way to change how pedestrians have to walk across a drive -thru lane and whether or not the water service was being upsized. Mr. Nasset replied that pushing the building was further to the west would not allow an exit lane and there would be more pedestrian problems on the east side. Mr. Nasset stated that the water service is being improved to meet the fire code. Mr. Nasset requested Condition #1 of the conditional use permit be modified to extend the noise boundary from the property line to the nearest non commercial property line. He stated that the applicant will try to minimize the noise but they do not want to be limited by the requirement to be inaudible at the property line. Mr. Zweber clarified the reason for the property line requirement was due to the trail on the north side of the property used by people not necessarily visiting McDonalds and they should not have hear the drive -thru speakers. A discussion took place among the Commissioners as to whether not they felt it would be an issue to hear the speakers from the trail. Commissioners Ege and Irving felt it may be an unrealistic expectation. Commissioner Powell stated his understanding that staff is trying to provide an experience for pedestrians along the trail. Commissioner Miller asked if there was a noise pollution provision within the applicant's sustainability vision and possibly a way to gather residential concerns and comments about the noise. Mr. Nasset replied that he doesn't know if McDonalds has a process to gather residential comments but that the sound system in the new speakers will be a better quality than what is there now. Commissioner Powell stated his opinion that Condition #1 of the conditional use permit should remain as is to encourage McDonald's to achieve that standard. The public hearing was opened at 8:39p.m. There were no public comments. MOTION by Ege to close the public hearing. Second by Irving. Ayes: 7. Nays: None. Motion approved. The public hearing was closed at 8:40p.m. Commissioner Irving asked staff if the City has ever received complaints from other public address systems or drive -thru speakers from other businesses or if this is a special situation in this case. Mr. Zweber responded the ordinance states that the public systems cannot be audible from any non- commercial district but the difference in this case is due to the residents on the trail at the property line. Commissioner Ege stated her concern that if this restriction is not placed on other businesses with drive -thrus close to residential areas, then the City would be singling out McDonald's. Mr. Zweber stated the Commission could decide to change the condition to what the ordinance requires. MOTION by Powell to approve the Site Plan for McDonald's subject to the following conditions: 1. Install a swoosh atrium on the north side of building (facing CSAH 42) similar to the swoosh atrium on the south side of the building (facing private drive), or comparable embellishment for staff review and approval. 2. Increase the parking lot setback to CSAH 42 to a minimum of 30 feet. 3. Install ground cover and landscaping along the north and east property lines to screen the parking area to a height of four feet. PLANNING COMMISSION REGULAR MEETING MINUTES APRIL 26, 2011 PAGE 10 4. Selection and placement of the rooftop mechanical equipment so that the parapet wall shields the equipment from public view. 5. Lighting fixture cut sheets shall be provided to ensure that are a cut -off style of lighting. 6. Non essential lighting shall be turned off after business hours. Second by Ege. Ayes: 7. Nays: None. Motion carried. The Commissioners agreed to change staff's recommendation in Condition #1 for the Conditional Use Permit to read that the public address systems and ordering speakers shall not be audible at the nearest residential property line or non commercial property line, which would be on the north side of County Road 42. MOTION by Demuth to recommend that the City Council approve the Conditional Use Permit for the Drive Through Facility for McDonald's subject to the following conditions: 1. Public address systems and ordering speakers shall not be audible at the nearest non commercial property lines. 2. The text on the menu board shall not be so large as to be visible from the public right -of -way or as to serve as off -site advertising. 3. Size and design of menu boards shall conform with condition seven (7) of the drive through facility conditional use permit standards. Second by Powell. Ayes: 7. Nays: None. Motion carried. Mr. Zweber stated this item will go before the City Council at the May 17, 2011 meeting provided staff receives plan modifications on the landscaping and setbacks prior to the meeting. g. Text Amendment to Home Occupation Ordinance to Prohibit Tattoo Parlors in Individual Residences (11 03 TA). Senior Planner Zweber stated this is a continuation of the public hearing opened at the March 22, 2011 Planning Commission meeting. The Commission tabled the item to obtain more information on what other communities have in their ordinances and possibly to receive public comment. The public hearing was re- opened at 8:53p.m. There were no public comments. MOTION by Ege to close the public hearing. Second by Demuth. Ayes: 7. Nays: None. Motion approved. The public hearing was closed at 8:54p.m. Chairperson Ege stated she had called the Department of Health and they informed her that whether the business is in a house or retail mall, they are licensed and trained numerous hours that a tattoo artist needs to obtain. Also, the State will do annual audits, spot checks, and the license needs to posted in place of business. Chairperson Ege stated she has no objection to a tattoo business being within a home with it being monitored in this manner by the Department of Health. Commissioner Miller asked staff for background on this item. Chairperson Ege stated that if the rules are being followed, she doesn't believe the City would need to know of the business and if there would be a violation, staff could address it at that time. Commissioner DiNella was unaware PLANNING COMMISSION REGULAR MEETING MINUTES APRIL 26, 2011 PAGE 11 that businesses were allowed in residences. Mr. Zweber stated that businesses are allowed in residences if the home occupation standards are followed, i.e. no signage, no additional parking. Commissioner DiNella stated he was against businesses being allowed within residences. Commissioner DeMuth stated she had no opposition if the business follows the rules and regulations. Commissioner Irving stated he saw no need to regulate the business. Chairperson Ege asked if any Commissioner wanted to make a motion. MOTION by Kolodziejski to recommend the City Council approve the text amendment to 11 -2 -16: Home Occupations to prohibit Body Art Establishments. Ayes: 0. Nayes 7. Motion failed. Chairperson Ege asked Mr. Zweber for follow -up on the item and Mr. Zweber stated the Commission should present the City Council with a motion even if it is one that denies the text amendment. MOTION by Miller to recommend the City Council deny the text amendment to 11 -2 -16: Home Occupations to prohibit Body Art Establishments. Second: DiNella Ayes: 7. Nayes 0. Motion approved. Mr. Zweber stated this item will go before the City Council on May 17, 2011. Old Business: None. New Business: None. Reports: a. Dakota County Technical College Rezoning and Site Plan Review to Allow Construction of an Outdoor Baseball Complex and Associated Accessory Structures (10- 20 -PLN and 10- 21 -RZ). Planner Lindahl stated in August of 2010, Dakota County Technical College (DCTC) requested rezoning and site plan approvals to allow construction of an outdoor baseball complex. The Commission approved the site plan subject to conditions and recommended the City Council approve the rezoning at their September 7, 2010 meeting. Environmental and grading issues with the site caused the applicant to delay action on this project. The applicant would now like to move forward with the project and has provided updated building plans and new information from the Minnesota Pollution Control Agency regarding the environmental conditions on site. Mr. Lindahl went on to say that staff finds the updated building and environmental information provided by Dakota County Technical College (DCTC) consistent with the original conditions of the site plan approval granted by the Planning Commission in August 2010. Commissioner Irving asked about the approval of the lighting and the scoreboard and Mr. Lindahl replied that those items are conditions of approval through the permitting approval process. Commissioner Powell asked if this item will come before the Planning Commission again in the future and Mr. Lindahl replied that the Commission would not see additional plans beyond this point unless requested. Election of Chairperson and Vice Chairperson: Chairperson Ege asked for nominations from the Commission for the position of Chairperson. PLANNING COMMISSION REGULAR MEETING MINUTES APRIL 26, 2011 PAGE 12 Commissioner Ege nominated Commissioner Powell for Chairperson. There were no further nominations. MOTION by Ege to close the nominations. Second by Kolodziejski. Ayes: 7. Nays: None. Motion carried. Nominations for Chairperson were closed. MOTION by Ege for Commissioner Powell to be Chairperson. Second by Kolodziejski. Ayes: 7. Nays: None. Motion carried. Commissioner Powell will be Chairperson. Chairperson Ege asked for nominations from the Commission for the position of Vice Chairperson. Commissioner Ege nominated Commissioner Kolodziejski. There were no further nominations. MOTION by Ege to close the nominations. Second by Powell. Ayes: 7. Nays: None. Motion carried. Nominations for Vice Chairperson were closed. MOTION by Ege to elect Commissioner Kolodziejski as Vice Chairperson. Second by Irving. Ayes: 7. Nays: None. Motion carried. Commissioner Kolodziejski will be Vice Chairperson. Mr. Zweber reminded the Commissioners of the Commissioners Banquet taking place on Thursday evening, April 28, 2011. Adjournment: There being no further business to come before this Commission, Chairperson Ege made a motion to adjourn, seconded by Commissioner Irving. Upon unanimous decision, the meeting was adjourned at 9:15p.m. Respectfully Submitted, Kathie Hanson, Recording Secretary