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HomeMy WebLinkAbout20130226 PCM RM PLANNING COMMISSION REGULAR MEETING MINUTES FEBRUARY 26, 2013 PAGE 1 Call to Order: Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, February 26, 2013. Chairperson Powell called the meeting to order at 6:30p.m. with Commissioners Miller, Husain and Weber present. Commissioner DiNella was absent. Also in attendance were Senior Planner Zweber, Planner Lindahl, Project Engineer Olson and Recording Secretary Hanson. The Pledge of Allegiance was read. Additions to Agenda:None. Audience Input: None. Consent Agenda: a. Approval of the January 22, 2013, Regular Meeting Minutes MOTION by Weber to approve the Consent Agenda. Second by Husain. Ayes: 3. Nays: 0. Abstain: 1. Commissioner Powell abstained due to being absent at the meeting. Motion approved. Public Hearing : Chairperson Powell recessed the regular Planning Commission meeting and opened the Board of Appeals and Adjustment meeting. a. Flint Hills Resources Site Plan Review and Variance Request to Allow Placement of Rail Car Senior Planner Zweber stated that Flint Hills is Storage Tracks (13-06-SP, 13-07-V, 13-08-V). proposing a tank expansion, loading spur track, and a rail car storage area with associated railroad track. The rail car storage (and associated railroad tracks) requires site plan review by the Planning Commission under the Outdoor Storage standards of the HI: Heavy Industrial zoning district. To approve the rail car storage, Flint Hills has submitted three applications and supporting plans. The three applications are a Site Plan Review, a Variance requesting a zero setback from the Union Pacific railroad tracks, and a Variance from the screening requirement from US Highway 52. Staff is supportive of the Site Plan Review and the setback Variance, but does not support the screening Variance. Mr. Zweber further explained staff’s recommendations. Commissioner Miller asked for clarification on the storm water management plan and potential for future flooding of the new road. Project Engineer Olson responded that overall, the water is directed towards a low area and there is plenty of room on the property to move the storm basins if required. He further stated there isn’t a plan design of the roadway yet but staff would insure that the future road designs would be built at a higher elevation. Commissioner Husain asked the distance between residents to the proposed tanks. Mr. Zweber showed on the map the closest resident to the tanks that already exist on the property and stated they would not be able to see the new tanks unless specifically looking around the existing tanks. PLANNING COMMISSION REGULAR MEETING MINUTES FEBRUARY 26, 2013 PAGE 2 Commissioner Husain asked if Flint Hills would be using the existing Union Pacific rail line next to the proposed new tracks. Mr. Zweber showed on the map the proposed plan for the new tracks and stated the applicant would have to answer the question of sharing the tracks with Union Pacific. Commissioner Weber asked what type of landscaping is being required and Mr. Zweber responded that no berm is required, only trees. Don Kern, of Flint Hills and Mark Colchin, Manager for propylene project, of Flint Hills, were present at the meeting. Commissioner Miller had questions for the applicants about the landscaping timeline, if there would be materials stored in the railcars and the amount of risk having the railcars so close to the road for possible public interaction. Mr. Kern responded that initially they did not know where the City would require the landscaping to be installed and now that they know, they would be able to install it faster than the three years as in the condition. Mr. Kern stated the storage cars will come and go and will be stockpiled at times awaiting transport. Some will be empty; some will have materials in them and Union Pacific manages the transport. Mr. Kern further stated that the risk profile will be similar to other sites within the metro area where railcars are close to a road. Chairperson Powell asked with Union Pacific in charge of the transport whether or not there is a risk management agreement between the two parties in the event something happens with the railcars. Mr. Kern stated that in terms of the management of an accident, it would be a combined effort of local, state and Flint Hills emergency responders. Commissioner Husain asked for a clarification of the safety measures for the new tanks and Chairperson Powell asked how many railcars are expected on the new tracks. Mr. Colchin explained the safety measures and stated there will be 134 cars. Mr. Zweber provided more clarification on the trail corridor plans and stated that as a part of that th project, it is required for a fence to be installed on the north side of the new 140 Street and some additional infrastructure between the road and the railcar tracks. Chairperson Powell asked what governs the distance between the end of the tracks and the road and Mr. Colchin responded that the edge of the right of way to the road dictates the distance. The public hearing was opened at 7:13p.m. th Frank Knoll, 4322 145 Street East, stated he did not see any problem with the current request since there are already chemicals stored in railroad cars on the tracks under Highway 52. There were no public comments. MOTION by Miller to close the public hearing. Second by Husain. Ayes: 4. Nays: None. Motion approved. Public hearing was closed at 7:15p.m. Commissioner Miller asked for an explanation of Condition #3 of the site plan recommendation and also asked if the City has reviewed the Flint Hills risk management plan with respect to the storage of railcars. Mr. Zweber explained that the MnPCA needs to make a Negative Declaration PLANNING COMMISSION REGULAR MEETING MINUTES FEBRUARY 26, 2013 PAGE 3 that there is no need to do further environmental work on this matter, and because the vote has not actually happened yet, staff made it a condition before the tracks could be installed. As far as the risk management plan, Mr. Zweber stated he would need to follow up with the Police and Fire Department for more information. MOTION by Powell to Approve a Variance allowing No (Zero Foot) Setback for the Rail Car Storage from the Union Pacific Railroad Property Line. Second by Miller. Ayes: 4. Nays: None. Motion approved. MOTION by Weber to Deny the Variance from the Outdoor Storage Screening Requirement from US Highway 52. Second by Husain. Ayes: 4. Nays: None. Motion approved. Chairperson Powell recessed the Board of Appeals and Adjustment meeting and reconvened the regular Planning Commission meeting at 7:19pm. The Planning Commission b. Flint Hills Resources Request for Site Plan Review (13-06-SP). continued its discussion on the site plan review request by Flint Hills. The public hearing was opened at 7:19p.m. There were no public comments. MOTION by Miller to close the public hearing. Second by Powell. Ayes: 4. Nays: None. Motion approved. Public hearing was closed at 7:20p.m. Commissioner Miller requested a new condition be added requiring the submittal of an updated risk management plan to the City. MOTION by Powell to Approve the Site Plan for the Rail Car Storage and Associated Railroad Tracks, Subject to the Following Conditions: 1.Provision of a Letter of Credit for 110% of the Value of the Landscaping required for screening from US Highway 52. 2.Installation of one-third of the required landscaping in each year of 2013, 2014, and 2015. 3.Negative Declaration of Need for an EIS by the Minnesota Pollution Control Agency regarding the Environmental Assessment Worksheet or Satisfactory Completion of an EIS as required by the MnPCA. 4.Conformance with the City Engineer’s Memorandum dated February 22 15, 2013. 5.Submittal of an updated risk management plan to the City to be reviewed by the first responders. Second by Weber. Ayes: 4. Nays: None. Motion approved. PLANNING COMMISSION REGULAR MEETING MINUTES FEBRUARY 26, 2013 PAGE 4 Senior c. SKB Environmental, Inc. Request for Zoning Ordinance Text Amendment (13-09-TA). Planner Zweber stated that SKB Environmental has requested that Dakota County allow some industrial waste to be deposited in their construction and demolition (C&D) cell. The Minnesota Pollution Control Agency (PCA) allows up to 50% industrial waste to be disposed in a C&D landfill. Dakota County staff is recommending that SKB be allowed to dispose of contaminated soils that are no higher than 25% of the hazardous waste level within the C&D cell; the County is allowing up to 50% of the acceptable waste to be placed in the C&D cell. The Rosemount Zoning Ordinance does not allow for material other than C&D waste to be disposed of in the C&D cell. SKB has requested an amendment to the Rosemount Zoning Ordinance to amend the definition of Construction Demolition Waste Facility to state that the Facility could take both C&D waste and industrial waste, consistent with the regulations of Dakota County. Commissioner Miller asked what the process would be if the waste was 26% of hazardous waste level rather than the 25% allowed. Also, Commissioner Miller asked for clarification of the definitions of construction debris, special waste and discarded machinery and how the City will cross-reference the terms and definitions back to the Minnesota rules. Mr. Zweber stated that material between 26% and 99% of the hazardous waste level would be deposited into the industrial waste cells. Mr. Zweber discussed the definitions and stated that the City ordinance cannot be less stringent than the State or County rules. Commissioner Weber asked for clarification on the different cells and what type of waste allowed in each cell. Mr. Zweber described the different cells and stated the cells are constructed differently to handle different levels of waste. Commissioner Husain asked the waste process of a washing machine if it was brought to the site and Mr. Zweber responded the washing machine was a recyclable item not processed at the SKB site. Applicant, John Domke, 13222 Downey Trail, divisional landfill manager at SKB / Waste Connections was present at the meeting. Mr. Domke stated that SKB cannot accept washing machines which are considered white goods and need to be taken to a licensed recycling facility. Chairperson Powell asked if allowing the asbestos at the SKB site would be setting a precedent for other sites. Mr. Zweber stated that there is only one other C&D site operating in Rosemount and it is also owned by SKB. Chairperson Powell then asked for clarification of how concrete diamond grinding and saw slurry will be handled and Project Olson explained the onsite construction process of managing those materials. The public hearing was opened at 7:59p.m. There were no public comments. MOTION by Powell to close the public hearing. Second by Weber. Ayes: 4. Nays: None. Motion approved. Public hearing was closed at 8:00p.m. MOTION by Weber to recommend the City Council approve the following Zoning Ordinance Text Amendments: 1.Amend the Definitions of Construction Debris, Construction Demolition Waste Facility, and Nonhazardous Industrial Solid Waste. PLANNING COMMISSION REGULAR MEETING MINUTES FEBRUARY 26, 2013 PAGE 5 2.Add the Definitions of Composting, MSW Incinerator Ash, Recycling, Solid Waste, Special Waste, Waste Processing, Waste Processing Facility, and Waste Transfer Station. 3.Add Waste Processing Facility and Waste Transfer Station to the Uses Permitted by Interim Use Permit within the WM: Waste Management Zoning District. Second by Powell. Ayes: 4. Nays: None. Motion approved. Old Business None. : New Business : nd 7.a. Request for Final Plat and Minor Planned Unit Development Amendment for Greystone 2 Planner Lindahl stated that the applicant, Ryland Group, Inc Addition (13-11-FP, 13-12-AMD). nd (Ryland Homes), requests approval of a minor PUD amendment and final plat for Greystone 2 Addition to allow development of 31 single family lots. The minor PUD amendment is necessary to establish zoning standards and overall development design while the final plat is necessary to facilitate subdivision of the subject property into individual residential lots, outlots and public streets. Mr. Lindahl further explained the recommendation and conditions. Commissioner Miller asked whether or not Outlots C & D would be dedicated to the City for park st dedication. Mr. Lindahl stated because topographic conditions in Greystone 1 Addition did not offer an acceptable piece of land for a park, the City agreed to defer park dedication until future st subdivision. As a result, final plat approval of Greystone 1 Addition included a condition requiring the applicant to record a park dedication declaration identifying the terms and conditions for future park dedication. This declaration states that if all or any part of Outlots A, B or C st Greystone 1 Addition receives final plat approval prior to March 20, 2022, the subdivision shall include transfer of fee title to Outlot D for park purposes to satisfy the park dedication st requirements for Greystone 1 Addition along with whatever park dedication is required for the associated new development. As a result, staff recommends a condition of approval require the applicant to update the park dedication declaration to reflect development of Outlot B and the nd designation of Outlot C as the parkland dedication for the 31 lots in Greystone 2 Addition. . Mr. Zweber added that the City does not want ownership right away to avoid interference with the current farming operations and will recommend to the City Council modify the original declaration st designating Outlot D as the park dedication for Greystone 1 and Outlot C as the park dedication for Outlot C. Chairperson Powell stated the cul-de-sac far exceeds the standard length. Mr. Zweber stated that staff is confident the cul-de-sacs will be connected with future development to the north. Chairperson Powell asked if the date of the engineering memo referenced in Condition C of the thnd recommended action should be February 15 and non 22, and staff confirmed that was correct. MOTION by Powell to recommend the City Council approve the Final Plat for Greystone nd 2 Addition, subject to the following conditions: 1.Conformance with all requirements of Resolution 2012-16 approving the Preliminary Plat for Greystone. PLANNING COMMISSION REGULAR MEETING MINUTES FEBRUARY 26, 2013 PAGE 6 2.City Council Approval of a Minor PUD Amendment establishing the lot configuration nd shown on the Greystone 2 Addition final plat and a fourth architectural option that front elevations contain no more than 70% lap siding, excluding doors and windows. 3.Conformance with all requirements of the City Engineer detailed in the attached memorandum dated February 20 15, 2013. 4.Revision of the Park Dedication Declaration to reflect development of Outlot B and the designation of Outlot C as the parkland dedication for the 31 lots in Greystone 2nd Addition. Second by Weber. Ayes: 4. Nays: None. Motion approved. Reports None. : Adjournment There being no further business to come before this Commission, Commissioner : Miller made a motion to adjourn, Commissioner Powell seconded the motion, the meeting was adjourned at 8:15p.m. Respectfully Submitted, Kathie Hanson, Recording Secretary