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HomeMy WebLinkAbout20130423 PCM RM PLANNING COMMISSION REGULAR MEETING MINUTES APRIL 23, 2013 PAGE 1 Call to Order: Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, April 23, 2013. Chairperson Powell called the meeting to order at 6:30p.m. with Commissioners Husain, Kurle and Weber present. Commissioner Miller arrived at 7:29pm. Also in attendance were Senior Planner Zweber, Planner Lindahl, and Recording Secretary Hanson. The Pledge of Allegiance was read. Additions to Agenda:Senior Planner added item 2.a. Oath of Office and also stated that the public hearing published for the Flint Hills Athletic Complex had been rescheduled to the May Planning Commission meeting due to the need to review a conditional use permit along with the site plan review, and the public hearing needs to be republished. The City Council appointed Joe Kurle as a new 2.a. Oath of Office for New Commissioner. Planning Commissioner effective April 1, 2013. His term will expire March, 2016. Recording Secretary Hanson administered the oath to Commissioner Kurle. Audience Input: None. Consent Agenda: a. Approval of the March 26, 2013, Regular Meeting Minutes MOTION by Weber to approve the Consent Agenda. Second by Husain. Ayes: 4. Nays: 0. Motion approved. Public Hearing : Senior Planner Zweber stated that 5.a. Adult Use Zoning Ordinance Text Amendment (13-10-TA). staff has initiated a review and amendment to the Rosemount Zoning Ordinance regarding adult uses. Staff is proposing to remove adult uses from the HI: Heavy Industrial zoning district and add language that would require adult uses to be located north of County Road 42 (CSAH 42) in addition to being located east of Akron Avenue. Commissioner Husain asked for the basis of the required amount of feet from residential areas and schools. Mr. Zweber stated staff has studies on file that have determined adult uses impact property values and the community culture as a whole and provide the recommended setbacks to alleviate those impacts. Chairperson Powell asked Mr. Zweber to give a clarification of the circles and shadings on the map. Mr. Zweber replied that the circles and gray shading indicate there is a either residence or heavy industrial district where adult uses are no longer allowed. The public hearing was opened at 6:43p.m. th Frank Knoll, 4322 145 Street East, asked for clarification of the map sections around and north of SKB and whether or not adult use businesses would be allowed to have rental rooms. Mr. Zweber clarified the areas where adult uses would be allowed and stated there is a separation requirement from adult uses for hotels, theaters, liquor businesses. Adult use businesses would not be allowed to add these types of facilities, nor would one be allowed to be next to an adult use business. PLANNING COMMISSION REGULAR MEETING MINUTES APRIL 23, 2013 PAGE 2 MOTION by Powell to close the public hearing. Second by Weber. Ayes: 4. Nays: None. Motion approved. Public hearing was closed at 6:46p.m. Commissioner Weber asked if the provisions placing restrictions on the performer would be legally defensible and if other cities have the same restrictions. Mr. Zweber gave a history on the work that city attorney Mary Tietjen has done in writing adult use ordinances and stated the reason the restrictions would be defensible is that adult uses must be allowed for free speech purposes but restrictions can be placed upon the manner in which they operate, such as how the performers get paid. Commissioner Kurle asked if staff was asking for revisions to the Business Regulation Ordinance from the Planning Commission. Mr. Zweber requested questions and comments from the Commissioners if they had any, but specific revisions would have to be written and approved by the city attorney. MOTION by Weber to recommend that the City Council Approve the Text Amendment of Section 11-4-16-1 removing Adult Uses from the HI: Heavy Industrial and Section 11-7- 5 adding “North of CSAH 42” to the Adult Use Overlay. Second by Powell. Ayes: 4. Nays: None. Motion approved. Old Business None. : New Business : Senior Planner Zweber stated that the City 7.a. UMore Alternative Urban Areawide Review (AUAR). of Rosemount, Empire Township, and the University of Minnesota are cooperating on an alternative urban areawide review (AUAR) for the 5,000 acre UMore Park. Over the last ten months, City staff and consultants (along with Empire Township and UMore staff and consultants) have created the UMore AUAR (attached). The Planning Commission is being asked to review the AUAR and provide any comments that the City Council should consider. The Planning Commission will review the AUAR again later this fall after the public has commented and staff has revised the AUAR to address those comments. Chairperson Powell stated there needs to be more of a discussion within the AUAR on the possibility of using a water treatment plant. Mr. Zweber stated they may choose to treat the water in the future for aesthetic reasons more than health reasons because currently the water coming out of the well is good enough to treat at the well itself rather than using a water treatment plant. Chairperson Powell there are upcoming changes in rules regarding stormwater requirements that should be noted within the AUAR as it would be unfortunate for the rules to change and our data be outdated. Mr. Zweber made note of the pertinent standards. Commissioner Husain asked which government standards would apply if the body of water flowed both in Rosemount and Empire Township. Mr. Zweber replied that they would determine where the water would ultimately overflow, with the exception of the lake in both Rosemount and Empire with County Road 46 running through it would be determined during the Comprehensive Plan PLANNING COMMISSION REGULAR MEETING MINUTES APRIL 23, 2013 PAGE 3 Amendment. Commissioner Husain asked why some of the roads curve so much and are not straight. Mr. Zweber explained on the map why the roads curve, mostly to go around wetland areas, and pointed out where the Vermillion Highlands recreational area and wildlife preserve is located which will not be developed. Commissioner Kurle asked if there is already an approved plan for the traffic signals. Mr. Zweber stated there is an approved plan with the County for the intersections on County Road 42, but the intersections on County Road 46 do not have the same level of approval. Commissioner Miller and Chairperson Powell both expressed concerns that UMore Park is supposed to be a highly sustainable development and the discussions regarding transit and water usage seem to be the same as any development. Chairperson Powell asked why there is no discussion in the AUAR about including round-abouts in the traffic section as an infrastructure option. Commissioner Miller asked if the University could speak on how sustainability will be used to achieve more economical transit options and options to minimize the water footprint. Mr. Zweber responded that the purpose of an AUAR is to look at the greatest impact a development would have and then look at ways to lessen that impact, such as using more sustainable options. Further, he stated Scenario 1 is the same as the University’s adopted concept plan so that is the scenario staff used as the model to determine the greatest impact. Mr. Zweber invited the University to speak more on this matter. Carla Carlson, Executive Director, UMore Development, LLC approached the Commission and stated that a number of sustainable components are included in the concept plan. Staff and the City Council were involved in sustainability workshops and the University has worked with WSB on water and transportation options. Ms. Carlson stated the University can provide additional information on the components being asked about. Mr. Zweber added that the AUAR is required to be reviewed every five years and additional sustainability options can be investigated at each review as new technology becomes available. Mr. Zweber explained that with the Planning Commission’s recommendation, the City Council can release the AUAR to the public for comment and then conduct a public hearing after the document has been revised based on the public comments. Next for the Planning Commissioners is a joint work session with the Council on May 15, 2013, to discuss the AUAR as a group. Representatives from the University will also be present. Chairperson Powell stated that the following permits should be added to Page 21: Minnesota Department of Health permits for any wells; DNR permit for increased appropriation to serve these permits; MnDOT will be reviewing any state aid plans. Further, on Page 47, it should read sewer “availability” charge not “activation” charge and Page 107 should discuss the increase in Parks and Recreation staff and Public Works staff, together with increase in Police personnel. MOTION by Powell to recommend the City Council release the UMore AUAR for Public Comment. Second by Kurle. Ayes: 5. Nays: None. Motion approved. PLANNING COMMISSION REGULAR MEETING MINUTES APRIL 23, 2013 PAGE 4 Reports : 8.a. Election of Chairperson and Vice-Chairperson at May Planning Commission Meeting Senior Planner Zweber stated the Commission will elect a new Chairperson and Vice-Chairperson at the May Planning Commission meeting. Adjournment There being no further business to come before this Commission, Chairperson : Powell adjourned the meeting at 8:40p.m. Respectfully Submitted, Kathie Hanson, Recording Secretary