Loading...
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