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HomeMy WebLinkAbout20120424 PCM RM PLANNING COMMISSION REGULAR MEETING MINUTES APRIL 24, 2012 PAGE 1 Call to Order: Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, April 24, 2012. Chairperson Powell called the meeting to order at 6:30p.m. with Commissioners Demuth, Weber, Miller, DiNella, Irving and Ege present. Also in attendance were City Attorney LeFevere, Community Development Director Lindquist, Parks and Recreation Director Schultz, 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 March 27, 2012, Regular Meeting Minutes Both Commissioner Ege and Miller requested changes to the minutes. Commissioner Miller stated the minutes were not correct with respect to the Site Plan Review for the UMore Ballfields and Chairperson Powell suggested they not approve the minutes at this time until more information is received. Old Business : Senior Planner Zweber stated staff is 5.a. Site Plan Review for UMore Ballfields (12-05-SP). requesting that the Planning Commission approve the entire athletic complex that would include all five fields, the overall parking lot and accessory facilities. This is a continuation of the Planning Commission discussion following the public hearing opened and closed at the March 27, 2012 Planning Commission meeting. Mr. Zweber stated that Andi Moffat of WSB and Jim Edeim of Barr Engineering were present to answer questions about the environmental testing done on the site. Andi Moffat, Engineering Consultant with WSB, clarified the environmental reviews done on the site since 2006 which included two Phase 1 reports, a limited Phase 2 report and additional testing. She stated the Barr Engineering reports were reviewed by WSB. The items tested for were items typically tested for, based on the activities that took place on the site such as the Gopher Ordnance Works. Mr. Zweber explained to the Commissioners that the requested motion is to approve the site plan which the Commissioners are to determine if the conditions of the zoning ordinance are met in the site plan. He further stated that if Commissioners have additional concerns that they feel should be passed on to the City Council as landowner of the property, that should be done in a separate motion. Commissioner Miller asked if particles from the pile on the adjacent property containing asbestos waste material could blow in the wind and contaminate the ballfield site. Jim Edeim, of Barr Engineering, stated there is a potential of asbestos fibers migrating onto the site. Commissioner Miller then stated that he would request a recommendation for additional testing for asbestos to see if it has migrated from the waste pile. Chairperson Powell asked staff if the waste pile is still on the site. Mr. Zweber responded that the MPCA notified DCTC that they have 30 days to remove the stockpile or design a plan to screen the material. To Mr. Zweber’s knowledge, DCTC has not responded to the notification. PLANNING COMMISSION REGULAR MEETING MINUTES APRIL 24, 2012 PAGE 2 Commissioner Demuth asked whether or not during a property transaction if the testing is usually conducted by an independent third party and if so, why the City chose not to hire a firm other than Barr. Community Development Director Lindquist responded that the City hired WSB to review the Barr Engineering reports. Chairperson Powell reminded the Commissioners that the Commission’s role is limited with respect to the actual testing that was completed. Commissioner Miller requested a clarification of the areas on the site with respect to topsoils. Parks and Recreation Director Schultz showed the different areas on the site plan and discussed the vegetation levels of the different areas. Chairperson Powell asked Mr. Edeim to clarify whether or not there could be migration of asbestos to the site as it is currently graded. Mr. Edeim restated that migration of separate fibers in the air is possible but the site is not getting source material or anything larger than a fiber. Commissioner Miller asked Mr. Edeim for the approximate cost of a soil asbestos sample and Mr. Edeim stated the cost for the testing lab work would be approximately $25.00 but it would require a certified inspector to obtain the sample. MOTION by Miller to approve the Site Plan for the UMore Athletics Complex subject to the following conditions: 1.The City Council approval of the Public and Institutional text amendment including adding Parks as a Permitted Use within the AG – Agricultural Zoning District. 2.A separate Site Plan Review is required to be submitted and received for the Multi- purpose Building. 3.If the Stadium Seating would be enclosed underneath and contain occupied spaces such as restrooms, concessions, or tickets sales, then a separate Site Plan Review shall be submitted for and received. Second by Ege. Commissioner DiNella stated there has been a tremendous amount of research as to whether or not the ballfield is safe and asked staff for their assurance that the site is safe. Mr. Lindquist replied that all of the testing information was provided to the Council before they purchased the property and they determined it was safe. Ayes: 7. Nays: None. Motion approved. MOTION by Miller to recommend the City Council, upon approval of the site plan, to consider conducting additional spot check soil testing for asbestos contamination on the areas of the ballfield site that will be covered by native or marginal vegetation and not being covered by additional topsoil, or consider that additional topsoil may be required. Second by Demuth. Commissioner Ege asked Barr Engineering for their input on the request for additional testing. Mr. Edeim responded that it is not standard practice to collect soil samples for asbestos as there are complications in it being a naturally occurring compound or it could occur from other sources. He further stated that at the time Barr Engineering conducted the reports, there was no reason to test for asbestos because there were no source materials around or adjacent to the site. Commissioner Miller stated the City should still complete due diligence to provide assurance to the public that the site conditions have been researched. PLANNING COMMISSION REGULAR MEETING MINUTES APRIL 24, 2012 PAGE 3 th Myron Napper, 3381 145 Street East, requested to speak even though the public hearing was closed. He had questions regarding the testing of the property by Barr Engineering and disputed that Barr completed testing in the area of the ballfield site. Ms. Lindquist clarified that there are two different reports that Barr Engineering completed and that Mr. Napper is thinking of the report not pertaining to the ballfield site. Chairperson Powell suggested that Mr. Napper meet with City staff individually to have his concerns addressed with respect to other testing. Chairperson Powell asked for a vote on the motion made by Commissioner Miller for additional testing. Ayes: 5. Nayes: Ege, DiNella. Motion was approved with a 5-2 vote. 5.b. Dakota Aggregates Request for Ordinance Text Amendment to Allow Large Scale Mining (12- Dakota Aggregates has submitted a request for an amendment to Section 11-10-4 of the 02-TA). zoning ordinance to allow mining in an area of Rosemount located west of Akron Avenue and south of County Road 42 which is currently not allowed so as not to interfere with orderly growth and expansion of public utilities. This is a continuation of the public hearing opened at the February 28, 2012, Planning Commission meeting and closed at the March 27, 2012 meeting. Mr. Zweber explained the changes made to the ordinance since the March 27, 2012 meeting. Commissioner Demuth thanked staff for addressing her concerns. Chairperson Powell asked how the surface water pollution plan is related, if at all, to the wellhead protection plan. Mr. Zweber stated that the wellhead protection plan does not cover the entire mining area and may need to be revised in the process of completing the AUAR. He stated the two plans will provide two ways of monitoring the lake. Commissioner DiNella asked what the procedure is if it is discovered that the City’s groundwater has been compromised. Mr. Zweber responded that City staff will require all activity to be stopped citing violation of the ordinance until the problem can be corrected. However, Mr. Zweber, clarified that it is required to conduct routine inspections of the groundwater above the aquifer thatthe City’s drinking water is drawn, so if something is detected, it could be corrected before the City’s drinking water is affected. Project Engineer Olson also added that the City does regular testing of each city well for a wide variety of contaminants. MOTION by Powell to recommend that the City Council Adopt an Ordinance Relating to Large Scale Mineral Extraction; Amending Rosemount City Code, Sections 11-1-4, 11-4-1 and 11-10-4 and Adding New Section 11-10-4-1. Second by Ege. Ayes: 7. Nays: None. Motion was approved. Public Hearings: 6.a. SKB Environmental Request for Zoning Ordinance Text Amendment and Interim Use Permit to SKB Environmental, Inc. (SKB) owns and operates an Allow Composting (12-06-IUP, 12-07-TA). industrial, construction and demolition waste landfill at 13425 Courthouse Blvd. SKB has requested a text amendment to the WM - Waste Management district to add composting as an interim use and to modify their existing interim use permit (IUP) to add composting to their operation. Senior Planner Zweber reviewed the staff report. PLANNING COMMISSION REGULAR MEETING MINUTES APRIL 24, 2012 PAGE 4 The public hearing was opened at 7:23p.m. th Frank Knoll, 4322 145 Street East, expressed his frustration with SKB in the beginning telling residents that the landfill would not be visible and now there exists a mound. He is further frustrated with SKB expanding with a composting site and he wonders what will be next. Mr. Knoll stated the City does not need another compost site. th Myron Napper, 3381 145 Street East, stated that SKB discussed doing this about three years ago but proposed enclosing the area. He stated there has been about 3-4 compost sites in the city over the years. If the site will be enclosed and varmit proof, Mr. Napper stated he does not have a problem with the operation. Rick O’Gara, SKB Environmental, approached the Commission and addressed the concerns of the residents. He explained that compost is made up of leaves, grass and brush that will be ground up and will also include some organic waste such as tomatoes and lettuce from restaurants, hospitals, and schools. He further stated it will contain some organic sludges that are highly fibrous and do not contain contaminants. Mr. O’Gara stated that the landfill and his operation at Bolander & Sons would use the topsoil created by the compost, but SKB will not sell it to the public. He stated that the operation Mr. Napper mentioned was a project to recycle MSW and SKB has since reconsidered taking on that project. With respect to the varmit and vector issue, SKB has agreed to have a study done and submit it to the City and County for review. Chairperson Powell asked about the previous request to make testing reports and information available to the public. Mr. O’Gara stated that SKB agreed to perform tests three times a year and they will inform concerned neighbors when the studies are available to view. Commissioner DiNella asked if the landfills with composting have methane gas. Mr. O’Gara replied that the composting will all be above ground and never buried which is what creates methane gas. th Frank Knoll, 4322 145 Street East, approached the Commission again and asked how much odor there will be from the site. Mr. O’Gara replied that SKB has experience operating compost site in different locations and they have never had a violation. He stated that if you process the compost correctly, there will be no smell, and SKB plans on operating correctly. There were no further public comments. MOTION by Irving to close the public hearing. Second by Ege. Ayes: 7. Nays: None. Motion approved. Public hearing was closed at 7:37p.m. Mr. Zweber stated in response to the public comments that all of the times that SKB requested expansion of the landfill were approved through a public hearing. He further stated that what Mr. Napper was referring to was a few years ago, the City approved a request by SKB to construct a recycling building that would allow MSW in an interim use permit. SKB has not constructed the building yet but it does allow MSW. Mr. Zweber stated he was not aware of any other composting sites within Rosemount, and in fact, the property owned by SKB would be the only location in Rosemount zoned WM – Waste Management and therefore the only location that composting would be permitted if this text amendment is approved. PLANNING COMMISSION REGULAR MEETING MINUTES APRIL 24, 2012 PAGE 5 MOTION by Miller to Recommend that the City Council Approve the Text Amendment of Section 11-4-17 B. Waste Management District Uses Permitted by Interim Use Permit to Add Composting. Second by Ege. Ayes: 7. Nays: None. Motion approved. MOTION by Miller to Recommend that the City Council Amend the Interim Use Permit for SKB Environmental to Allow Composting with the following ten (10) conditions, editing Condition #2 to specify “residential” soil reference values: : 1.Compliance with the Application for Major Permit Modification dated March 2012. 2.Sewage Sludge used in the composting shall not exceed the Minnesota Pollution Control Agency and Environmental Protection Agency Region 5 Residential Soil Reference Values (SRVs) for perfluorocarbons (PFCs). 3.Only Industrial Sludges approved by Dakota County Environmental Management shall per used in composting. 4.Compliance with the Vector and Rodent Control Letter dated July 20, 2011. 5.The Applicant Conduct a Vector and Rodent Evaluation, which would in part be based upon trapping in May 2013 by a National Pest Management Association (NPMA) Certified Pest Control Firm. The Evaluation shall be submitted to the City by July 1, 2013 respectively, and include Recommendations for Vector and Rodent Control. The Community Development Director shall administratively approve the Vector and Rodent Control Plan that SKB shall implement based upon the Evaluation Report. 6.Approval and Compliance with MnPCA Major Permit Modification. 7.Approval and Compliance with DCEM Composting Variance. 8.The Rosemount City Council and SKB approve modifications to the Development Commitment by and Between SKB Environmental, Inc, and City of Rosemount. Second by Ege. Ayes: 7. Nays: None. Motion approved. 6.b. The Ryland Group, Inc. Request for Planned Unit Development Final site and Building Plan and st The Ryland Group, Inc. (Ryland) Final Plat for Greystone 1 Addition (12-08-FP, 12-09-FDP). requests the Final Plat and Planned Unit Development Final Site and Building Plan approval for the st 23 lot Greystone 1 Addition. In March, the City Council approved the Comprehensive Plan Amendment, Preliminary Plat and Planned Unit Development (PUD) Master Development Plan with st Rezoning for the Greystone subdivision to allow 54 lots on about 24 acres. Greystone 1 Addition will be the first phase of the Greystone Preliminary Plat, but the entire preliminary plat area will be graded to provide for the stormwater ponding necessary for the development. Senior Planner Zweber reviewed the staff report. The public hearing was opened at 7:43p.m. There were no public comments. PLANNING COMMISSION REGULAR MEETING MINUTES APRIL 24, 2012 PAGE 6 MOTION by Powell to close the public hearing. Second by Miller. Ayes: 7. Nays: None. Motion approved. Public hearing was closed at 7:43p.m. Commissioner Weber asked whether or not the size of the home can be expanded if the home designs are not restricted in the PUD agreement. Mr. Zweber responded that the impervious surface requirement includes the largest percentage possible to allow for any potential changes. MOTION by Powell to recommend that the Planning Commission make the motion to recommend the City Council approve the Final Plat and Planned Unit Development Final Site and st Building Plan for Greystone 1 Addition, subject to conditions: 1.Approval of the Comprehensive Plan Amendment by the Metropolitan Council. 2.The 0.92 acres of required park dedication will be fulfilled by a declaration being recorded on Outlot C which is in the general location of the future park on the property to the north. 3.All home front elevations shall have one of the following features: 3½ feet of brick or stone wainscoting; a front porch with railing that extends at least 30% of the width of the front elevation; or a side entry garage. 4.A deviation from City Code Section 11-2-15 F. so that the home designs do not need to include an option for a three garage stall. 5.A deviation from City Code Section 11-4-5 F.1. to reduce the interior lot area to a minimum of 8,600 to 10,000 square feet and corner lot area to a minimum of 11,000 from 12, 000.. 6.A deviation from City Code Section 11-4-5 F.2. to reduce the minimum lot width to sixty (60) feet for interior and seventy five (75) feet for corner lots. 7.A deviation from City Code Section 11-4-5 F.4. to reduce the front yard setback to twenty five (25) feet. 8.A deviation from City Code Section 11-4-5 F.5. to reduce the side yard setback to seven and one half (7.5) feet. 9.A deviation from City Code Section 11-4-5 F.9. to reduce the maximum lot coverage to forty percent (40%) for lots less than 9,750 square feet in size and thirty five percent (35%) for lots between 9,750 square feet and 11,250 square feet. 10.A deviation from City Code Section 11-4-5 F.9. to require that no driveway width shall exceed fifty percent (50%) of the front property line nor fifty percent (50%) of the curb line in front of the property. 11.Conformance with all requirements of the City Engineer as detailed in the attached memorandum dated April 16, 2012. 12.Conformance with all requirements of the Parks and Recreation Director as detailed in the attached memorandum dated April 18, 2012. 13.Conformance with all requirements of the Fire Marshal as detailed in the attached memorandum dated April 18, 2012. Second by DiNella. Ayes: 7. Nays: None. Motion approved. New Business None. : Reports Staff will be meeting with MPCA. Commissioner Demuth stated that the Commission : is supposed to make land use decisions but often do not have enough background information and PLANNING COMMISSION REGULAR MEETING MINUTES APRIL 24, 2012 PAGE 7 that communication with the MPCA needs to be better on these type of sites. Mr. Zweber explained when the MPCA is involved and stated staff will discuss with MPCA about the appropriate process to be used in superfund sites, the GOW site, and FUDS sites. Mr. Zweber stated that some time in the future there will be a joint meeting with the City Council to review Barr Engineering’s preliminary report of the remedial investigation at the University. It could possibly be scheduled at the next Planning Commission meeting on May 22, 2012. Adjournment There being no further business to come before this Commission, Chairperson : Powell adjourned the meeting at 7:51p.m. Respectfully Submitted, Kathie Hanson, Recording Secretary