HomeMy WebLinkAbout20121023 PCM RM
PLANNING COMMISSION REGULAR MEETING MINUTES
OCTOBER 23, 2012
PAGE 1
Call to Order:
Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held
on Tuesday, October 23, 2012. Chairperson Powell called the meeting to order at 6:30p.m. with
Commissioners Husain, Miller, DiNella, Demuth and Weber 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 September 25, 2012, Regular Meeting Minutes
MOTION by Miller to approve the Consent Agenda.
Second by Weber.
Ayes: 6 Nays: 0.
Motion approved.
Public Hearing
:
5.a. Request by KJ Walk Inc. for a Eight (8) Lot Preliminary Plat; a Two (2) Lot Final Plat; Planned
Unit Development Master Development Plan with Rezoning to C-4 PUD Zoning West of Business
Parkway and C-3 PUD Zoning East of Business Parkway; a Conditional Use Permit (CUP) for a
gas station; and a Planned Unit Development Final Site and Building Plan for a Country Inn &
Senior Planner Zweber
Suites (Case 12-20-PP, 12-21-PUD, 12-22-FP, 12-29-CUP, and 12-30-PUD).
stated that Warren Israelson of KJ Walk, Inc. has submitted an application for an eight (8) lot
commercial subdivision that will provide a site for a new hotel and gas station with car wash, along
with six (6) additional commercial lots. Mr. Zweber reviewed the staff report and the
recommended motions.
Commissioner Miller expressed his concern with the hotel being located so close to the railroad
tracks and asked what measures were being taken to alleviate the noise. Mr. Zweber responded that
the city has received the quiet zone standard with the railroad. He showed the relationship to other
buildings in the area close to the railroad tracks such as Waterford Commons. Mr. Zweber further
stated that hotels usually have individual air-conditioning units in each room and people don’t
usually open windows.
Commissioner Miller asked about the traffic patterns at the SuperAmerica (SA) intersection for
people traveling west from Apple Valley and what street lighting will be installed. Mr. Zweber
showed on the site plan the different turning options available. Project Engineer Olson stated that
there are street lights currently installed at both Business Parkway and Biscayne Avenue
intersections.
Commissioner Demuth asked about the noise generated from the car wash and whether or not any
noise complaints have been received from other car washes in Rosemount. Mr. Zweber received
that the doors on the west and east sides of the car wash will close during operation and there are
no doors on the north side. To his knowledge, Mr. Zweber stated the City has not received any
complaints from the other car washes in Rosemount.
Commissioner DiNella asked why it was necessary to have five bays at the gas station saying he felt
PLANNING COMMISSION REGULAR MEETING MINUTES
OCTOBER 23, 2012
PAGE 2
it was excessive. Mr. Zweber replied that the applicant states performs their own market study on
how many bays they can support and the City does not have regulations on how many gas pumps
they have.
Commissioner Powell asked if there were a traffic analysis with respect to the hotel. Mr. Zweber
stated that staff looked at the SA and hotel site independently and did traffic generations for the gas
station and found that during peak hour, there would be approximately 66 cars per hour. Since the
hotel would be using a private drive, Mr. Zweber stated staff did not do a specific traffic analysis on
the hotel.
th
Commissioner Husain asked about the extension of 149 Street to Biscayne and whether or not
that was part of the current project. Mr. Zweber stated that the City Council will be exploring the
matter further to see if it can be completed in a short time. Commissioner Husain asked if staff can
th
commit to the applicant that 149 Street will be extended and Mr. Zweber replied no.
Commissioner Husain then asked of the berm height between SA and the residents could be
extended to provide more protection. Mr. Zweber stated the berm is proposed to be a 3:1 slope
which is the steepest normally incorporated in any development.
Chairperson Powell asked what types of uses could go on Lot 7. Mr. Zweber stated it could a big
box retail store; a bigger store like Cub Foods with smaller stores connected to it; or it could be two
side by side smaller department stores. Chairperson Powell then asked what the distance was from
the right turn lane to the right hand turn into SA. Mr. Olson stated it is a distance of 125 feet. A
discussion then took place of the possibility of truncating Business Parkway and blocking off the
residential area.
Chairperson Powell asked when the Business Parkway – County Road 42 intersection would
become a ¾ turn. Mr. Zweber replied the ¾ turn will probably be installed with the light is
installed at the Biscayne intersection. He stated that traffic accidents at the intersection may also
th
warrant a change earlier, but that the extension of 149 Street would lessen the traffic at the
Business Parkway intersection. Chairperson Powell asked if businesses interested in the area know
about the County requirement of a ¾ access. Mr. Zweber stated that any time staff meets with
potential business owners for the area, they are informed of the ¾ access requirement and the
adopted Corridor Plan available on the Dakota County website identifies the Business Parkway
intersection as a ¾ access.
Chairperson Powell asked if staff is requesting a deviation from the current joint tenant sign and
also what hours of operation the SA gas station will have. Mr. Zweber replied that the joint tenant
sign is designed for seven panels and staff wanted eight panels in case there is more than one tenant
on Lot 7. Mr. Zweber further stated that the applicant for SA has not provided what hours they
would be open and currently, the code does not address that. However, Mr. Zweber stated that the
Planning Commission could address that within the conditional use permit if they wished.
Commissioner Weber asked who would be maintaining the private drive on the west side of
Business Parkway. Mr. Zweber stated that all adjacent lots would contribute to the maintenance
and it is up to the developer on how that agreement is arranged.
Public hearing was opened at 7:16p.m.
th
Richard Harrister, 3554 144 Street, lives north of the other SA gas station located at the corner of
th
Chippendale Avenue and 145 Street. He stated the SA gas station with the car wash is very noisy
PLANNING COMMISSION REGULAR MEETING MINUTES
OCTOBER 23, 2012
PAGE 3
and also the railroad. He also stated that he feels that with the increase in traffic, the Business
Parkway – County 42 intersection will be very dangerous.
th
Melissa Kenninger, 2734 148 Street West, stated her biggest concern is the increase in traffic
especially with the gas station having five bays, it is larger than any other in the area. She requested
th
that Business Parkway be blocked at the residential area and that 149 Street needs to go all the way
th
through to Biscayne Avenue. She will be interested to hear the City Council’s meeting on the 149
Street extension. Ms. Kenninger also stated her concern with the county requiring the intersection
to be a ¾ access and she requested that the three foot berm be increased to eight feet.
Jean Brown, 14879 Brenner Court, stated she supported Ms. Kenninger’s comments and also stated
her opinion that the railroad is very noisy.
Patrick Nicklay, 14891 Brenner Court, stated his support for the previous public comments then
asked if the traffic generations for the gas station include trips to the convenience store or only
gasoline trips. Mr. Zweber stated the 66 cars in one hour during peak time is of a gas station with a
convenience store and car wash. Mr. Nicklay stated that he remembers when the land was zoned
residential and the Mayor agreed to rezone it commercial saying that no one would want to develop
that close to a railroad track. He stated he is opposed to the gas station and feels it is unsafe to
have to so close to where his children live.
Mike Brown, 14879 Brenner Court, stated his support for the previous public comments and that
his biggest request is that Business Parkway be blocked off at Brenner Court to prevent traffic from
going through the neighborhood.
There were no further public comments.
MOTION by Weber to close the public hearing.
Second by Miller.
Ayes: 6. Nays: None. Motion approved. Public hearing was closed at 7:28p.m.
th
Commissioner Husain asked what assurance the City can give that 149 Street will definitely be
extended. Mr. Zweber replied that the City Council will be discussing this matter at a future work
session and then they will indicate whether or not funds can be identified to construct the road and
authorize staff to continue negotiations with the land owner.
Commissioner DiNella stated that he feels this is too big of a project for the space available and he
is in favor of the hotel, but not the gas station.
Commissioner Demuth asked if the recommendation to truncate Brenner Court could be imposed
as a condition. Mr. Zweber stated that staff would not recommend that without the extension of
th
149 Street. He further stated it is not recommended to have a development with a single access so
th
staff would prefer to have the 149 Street extension before truncating Brenner Court.
Chairperson Powell stated that he likes the hotel building and the architecture but is not
comfortable with the traffic issues related to this development. He stated there is uncertainty with
th
Brenner Court and the extension of 149 Street and with the potential of having a big box
commercial coming to Lot 7, he is not comfortable with the traffic issues. He stated he will be
voting against the recommended motions. Mr. Zweber asked if there was a condition that could be
added to any of the recommendations to allow Chairperson Powell to vote affirmatively.
PLANNING COMMISSION REGULAR MEETING MINUTES
OCTOBER 23, 2012
PAGE 4
Chairperson Powell responded that he feels a traffic study of the area including Brenner Court
needs to be conducted so therefore, he could not determine a condition to address those issues.
Truman Howell of Howell Architects and Developers of Minnetonka, is the architect for the hotel.
He stated that the project is being developed further to the east to give it some protection from the
noise. He stated that they may add more trees than shown to plant between the hotel and the
railroad tracks. He mentioned that the noise has been reduced due to the quiet zone standards in
place and that a considerable amount of improvement has been made to the design of the hotel to
make it quieter including less windows on the end of the hotel facing the tracks. Further, Mr.
Howell stated that the decision to build in this area was made based on extensive studies.
Luke Israelson, KJ Walk, land developer and owner of the land approached the Commission to
address the concerns with the increase in traffic. He stated they are doing their best to utilize their
land that has been zoned commercial and he is unaware of any commercial area that would generate
less traffic counts. Chairperson Powell asked Mr. Israelson if KJ Walk has estimated any traffic
generations or evaluated the intersections and Mr. Israelson replied that they hadn’t conducted any
surveys.
Roll call of the commissioners was taken at each motion.
MOTION by Miller to approve the Rosewood Commercial Preliminary Plat, subject to the
following conditions:
1.Dedicate an additional 25 feet of Right-of-Way for County Road 42 per the Dakota
County Plat Commission recommendation.
2.Provide and record an access easement across Lot 2, Block 1 from the private drive
west of Business Parkway to Lot 1, Block 1.
Second by DiNella.
Ayes: DiNella, Demuth, Weber, Husain, Miller
Nays: Powell. Motion approved. 5-1.
Commissioner Miller asked for a clarification of condition #2 of the final plat motion and Project
Engineer Olson gave an explanation of the park dedication, GIS and trunk utility charges.
MOTION by Miller to recommend the City Council approve the Rosewood Commercial
Final Plat, subject to the following conditions:
1.Compliance with the Conditions of the Rosewood Commercial Preliminary Plat.
2.Payment of park dedication, GIS and trunk utility charges shall be based upon 4.529
acres.
3.The drainage and utility easement over the storm water pipe shall be expanded to thirty
five (35) feet in width.
4.The final plan for the trunk storm sewer system will be designed by the City Engineer.
5.The intersection of the private drive and Business Parkway will need to include the
th
private drive lanes matching the alignment of the through travel lanes of 149 Street.
Second by DiNella.
Ayes: Weber, Miller, DiNella.
Nays: Demuth, Powell, Husain. Motion failed with a 3-3 vote.
Mr. Zweber stated that the Commission needs to either approve or deny a motion. He asked if
there was a condition that could be added to the motion to change the vote of the disapproving
commissioners. Chairperson Powell stated that the lack of traffic analysis prevents him from
PLANNING COMMISSION REGULAR MEETING MINUTES
OCTOBER 23, 2012
PAGE 5
approving this motion. Commissioner Demuth stated she agreed with Chairperson Powell on the
lack of traffic analysis. Commissioner Husain stated he would like more details on the private drive.
Mr. Zweber stated that a condition could be added to the preliminary plat motion that Lot 7, Block
th
1 could not be developed until after the extension of 149 Street. Commissioner Demuth asked if
the truncating of Business Parkway could be added as well. The first motion for the preliminary
plat would need to be re-opened in order to add the conditions.
MOTION by Miller to reconsider the motion to recommend the City Council approve the
Rosewood Commercial Preliminary Plat.
Second: DiNella.
Ayes: 6. Nayes. No. Motion approved.
MOTION by Demuth to approve the Rosewood Commercial Preliminary Plat, subject to
the following conditions:
1.Dedicate an additional 25 feet of Right-of-Way for County Road 42 per the Dakota
County Plat Commission recommendation.
2.Provide and record an access easement across Lot 2, Block 1 from the private drive
west of Business Parkway to Lot 1, Block 1.
th
3.The development of Lot 7 of Block 1 cannot occur until after 149 Street is extended to
Biscayne Avenue and Business Parkway is truncated.
Second by Weber.
Ayes: Weber, Husain, Miller, DiNella, Demuth
Nayes: Powell. Motion approved 5-1.
MOTION by Miller to recommend the City Council approve the Rosewood Commercial
Final Plat, subject to the following conditions:
1.Compliance with the Conditions of the Rosewood Commercial Preliminary Plat.
2.Payment of park dedication, GIS and trunk utility charges shall be based upon 4.529
acres.
3.The drainage and utility easement over the storm water pipe shall be expanded to thirty
five (35) feet in width.
4.The final plan for the trunk storm sewer system will be designed by the City Engineer.
5.The intersection of the private drive and Business Parkway will need to include the
th
private drive lanes matching the alignment of the through travel lanes of 149 Street.
Second by Demuth.
Ayes: Weber, Husain, Miller, DiNella, Demuth.
Nays: Powell. Motion approved 5-1.
MOTION by Miller recommend the City Council approve the Planned Unit Development
Master Development Plan with the Rezoning of the property from R-1: Low Density
Residential and C-4: General Commercial to C-4 PUD: General Commercial Planned Unit
Development West of Business Parkway, eliminating the staff recommendation of rezoning
east of Business Parkway to C-3 PUD: Highway Commercial Planned Unit Development,
subject to the following conditions:
1.A deviation from City Code Section 11-8-6 C. 2. b. to allow a joint tenant monument
sign up to twenty five (25) feet tall and displaying up to eight (8) separate businesses.
Second by Husain.
Mr. Zweber gave a clarification on the motion Commissioner Miller made which deleted the
rezoning recommendation of the lot east of Business Parkway to C3 PUD meaning that without the
PLANNING COMMISSION REGULAR MEETING MINUTES
OCTOBER 23, 2012
PAGE 6
rezoning, the Commission cannot approve a conditional use permit for the gas station on that lot.
Chairperson Powell asked Commissioner Miller for a clarification on his decision to modify the
motion. Commissioner Miller stated that he believes the C3 PUD zoning is inappropriate for this
particular location and too congested for this area so close to the railroad tracks.
Ayes: Husain, Miller, Weber
Nayes: DiNella, Demuth, Powell. Motion failed 3-3.
With the 3-3 vote, Mr. Zweber asked again if there would be any condition to be added that would
change the nay votes affirmatively or the original recommended motion could be made to see the
result of that vote.
Commissioner Demuth asked staff whether or not the applicant will have the right to make an
argument to the City Council if the Commission denies the motion for rezoning. Mr. Zweber
replied that the applicant will have the ability to argue his case. Commissioner Demuth stated she
would reconsider her nay vote.
MOTION by Miller recommend the City Council approve the Planned Unit Development
Master Development Plan with the Rezoning of the property from R-1: Low Density
Residential and C-4: General Commercial to C-4 PUD: General Commercial Planned Unit
Development West of Business Parkway, subject to the following conditions:
1.A deviation from City Code Section 11-8-6 C. 2. b. to allow a joint tenant
monument sign up to twenty five (25) feet tall and displaying up to eight (8)
separate businesses.
Second by Demuth.
Ayes: Miller, Demuth, Weber, Husain.
Nays: DiNella, Powell. Motion approved 4-2.
MOTION by Miller to recommend the City Council deny the Conditional Use Permit for a
Gas Station with Car Wash, due to improper zoning.
Second by DiNella.
Ayes: DiNella, Demuth, Powell, Weber, Husain, Miller
Nays: None. Motion approved. 6-0.
MOTION by Husain recommend the City Council approve the Planned Unit
Development Final Site and Building Plan for a Hotel, subject to the following conditions:
1.A sidewalk shall be installed from the south entrance from the hotel to the sidewalk at
the cul-de-sac of the private drive.
a.A deviation from City Code Section 11-4-14 G. 3. to require 25% brick or stone of all
non-glass exterior materials. The brick and stone should be focused on the architectural
significant features such as the entry feature and the room columns. The remaining
building material can be EIFS, cement fiber siding or PTAC grills.
b.A deviation from City Code Section 11-4-14 F. 10. to allow the maximum principal
building height up to be forty five (45) feet.
c.Stormwater for the site shall be directed to the pond to the north on Lot 7, Block 1.
d.An access easement to the maintenance bench of the pond to the north shall be
provided to the City for recording.
e.A landscaping security of $6,682.50 (27 trees times $225 per tree times 110%) shall be
PLANNING COMMISSION REGULAR MEETING MINUTES
OCTOBER 23, 2012
PAGE 7
provided until all the vegetation is installed a one year warranty period has expired.
Second by Weber.
Ayes: Demuth, Weber, Husain, Miller, DiNella
Nays: Powell. Motion approved 5-1.
Chairperson Powell gave a clarification for the record that he voted in favor to deny the CUP due
to incorrect zoning because it was incorrect zoning and he would have no reason to that deny
motion because it was a proper action.
Mr. Zweber stated that this item is tentatively scheduled to go before the City Council on
November 20, 2012.
Old Business None.
:
New Business None.
:
Reports Planner Zweber gave an update on the clean up of the DCTC property next to the
:
ballfields.
Adjournment There being no further business to come before this Commission, Chairperson
:
Powell made a motion to adjourn, seconded by Commissioner Weber, the meeting was adjourned
at 8:16p.m.
Respectfully Submitted,
Kathie Hanson, Recording Secretary