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HomeMy WebLinkAbout20140114 PCM RM PLANNING COMMISSION REGULAR MEETING MINUTES JANUARY 14, 2014 PAGE 1 Call to Order: Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, January 14, 2014. Chairperson Powell called the meeting to order at 6:30 p.m. with Commissioners Weber, Husain and Miller present. Commissioner Kurle was absent. Also in attendance were Senior Planner Zweber, Planner Lindahl and Recording Secretary Hanson. The Pledge of Allegiance was read. Additions to Agenda:None. Audience Input: None. Consent Agenda: a. Approval of the November 26, 2013, Regular Meeting Minutes MOTION by Weber to approve the November 26, 2013 Regular Meeting Minutes. Second by Husain. Ayes: 4. Nays: 0. Motion approved. Public Hearing : RECESS REGULAR PLANNING COMMISSION MEETING AND OPEN BOARD OF APPEALS AND ADJUSTMENTS MEETING (6:32pm) a. TCC Materials Variance Request to Exceed the Maximum Height Requirement (14-05-V). Senior Planner Zweber stated the applicant, TCC Materials in the Business Park is requesting a variance to the building height to construct at 75 feet high silo tower and a building material variance for the silo tower and the enclosed dock to allow some green metal siding. Mr. Zweber reviewed the staff report. Commissioner Miller asked if the current ordinance allowed metal siding in the BP District and whether or not this variance would bring more buildings of this type to the area. Mr. Zweber stated the ordinance essentially does not allow metal siding with the exception of minor architectural elements for trim and capping along the windows, doors and tops of buildings. He further stated that future applicants would have to justify the use of the material but it is not expected in the typical building in the BP District. Commissioner Miller then asked if tipup panels were the only option for the applicant and Mr. Zweber replied that a 75 foot wall of concrete block would be the alternative. Chairperson Powell asked if staff received any communication from residents or businesses within the 350 buffer area, and Mr. Zweber replied that there were none. The public hearing was opened at 6:43p.m. Tim Becken, with TCC Materials, stated that using concrete block affects the building structurally because they cannot use cross beams inside the building due to the amount of equipment. Commissioner Miller asked how secure would the building be in severe weather and how would lack of maintenance affect the metal. Mr. Becken replied that they have several towers of this type in their business and they are secure because the structure inside carries the load. Also, he stated the buildings are heated year round and typically metal up high does not corrode as quickly, so they haven’t seen any maintenance problems. PLANNING COMMISSION REGULAR MEETING MINUTES JANUARY 14, 2014 PAGE 2 There were no other public comments. MOTION by Miller to Close the Public Hearing. Second by Weber. Ayes: 5. Nays: None. Motion approved. Public hearing was closed at 6:49pm. Chairperson Powell stated his opinion that the metal helps to mitigate the mass the tower will create at the corner. Commissioner Weber asked if the tower would limit the marketability of the property for future owners. Mr. Zweber stated the property will need to be evaluated on an individual basis based on the new owner’s needs but he doesn’t expect it to limit marketability. MOTION by Weber approve a Variance to Zoning Ordinance Section 11-4-15: F. 10. to allow for a 75 foot tall Silo Tower and Section 11-4-15: G. 3. to allow for some metal siding, subject to the following: 1.No part of the building except for the 40 foot long by 72 feet wide silo tower is permitted to exceed the 50 foot maximum principal building height. 2.The green metal exterior siding of the Silo Tower cannot exceed 50% of the total silo tower exterior siding area. 3.The green metal exterior siding of the covered dock cannot exceed 25% of the total covered dock exterior siding area. Second by Miller. Ayes: 4. Nays: None. Motion approved. RECESS BOARD OF APPEALS AND ADJUSTMENT MEETING AND RE-CONVENE REGULAR PLANNING COMMISSION MEETING (6:52pm). b. City of Rosemount Request for Comprehensive Plan Guide Amendment (14-02-CPA). Dakota County Community Development Agency (CDA), partnering with the City, intends to construct a second affordable senior housing project in Rosemount. The CDA has identified the former Genz-Ryan site for this development because of its proximity to the other CDA senior housing building (Cameo Place), to transit and to the services available in Downtown Rosemount. Upon evaluation of the Genz-Ryan site configuration, access and the desire for some commercial development, it was identified that the senior housing design would have more flexibility with the addition of the northern most, four single family lots on the west side of Cambrian Avenue. The CDA approached these four homeowners, purchased the three northern homes and has a purchase agreement on the fourth home. To allow development of the CDA senior housing, the City has initiated the Comprehensive Plan Amendment for these four homes from the existing LDR – Low Density Residential to DT – Downtown. Senior Planner Zweber reviewed the staff report. Commissioner Miller commented that the parking seemed rather limited in the concept design and asked how that was decided upon. Mr. Zweber stated that the CDA evaluates their other buildings and the underground parking with the circular lot for dropping off and visitors works well at their other locations. He further stated that the Commission can evaluate the design in more detail at the February 25, 2014 Planning Commission meeting with the site plan review. PLANNING COMMISSION REGULAR MEETING MINUTES JANUARY 14, 2014 PAGE 3 Commissioner Miller then asked about the lack of pedestrian access across Highway 3. Mr. Zweber replied that the City is pretty limited in what can be done for crossings across Highway 3 due to restrictions by MnDOT. Fortunately, most of the Downtown facilities are on the west side of Highway 3 and MVTA will pick up passengers on site. Commissioner Miller stated the City should explore other options of crossing such as another underpass and Chairperson Powell agreed that more pressure should be put on MnDOT to come up with a safer solution. Commissioner Husain asked if the gas station across the street from the senior housing will present any problems. Mr. Zweber stated staff does not expect the gas station to affect the senior housing. The public hearing was opened at 7:07p.m. Laura Radosevich, 14765 Cambrian Avenue, asked how the project will affect Cambrian Avenue with increased traffic and in and out access, and the status of the gas station. She stated it is very difficult to get onto Highway 3 when even the antique business is open. She asked what the plans are for the other Genz Ryan parcels. Mr. Zweber responded the gas station will open once all of the conditions of the building permit has been satisfied. He further stated that no one from the senior housing project should have to drive south on Cambrian Avenue. With respect to the other parcels of the Genz Ryan site, Mr. Zweber stated that staff has evaluated the possibility of commercial businesses going there which would provide additional accesses to the site from Highway 3. Chairperson Powell asked about the possibility of a commercial vendor wanting more space and purchasing additional lots on Cambrian Avenue. Mr. Zweber stated that if vendors needed more space than what was available on the remaining Genz Ryan lots, staff would suggest other areas within Rosemount. Cheri Klatt, 14770 Cambrian Avenue, asked if the project would be independent living or assisted living and how it would affect the values of the neighborhood homes. She also asked of the possibility of another three story building being built on the remaining Genz Ryan lots. Mr. Zweber responded that the CDA senior housing project would be independent living and the building materials used would be high quality exceeding those typically used in the neighborhood. He further stated that although four stories are allowed in the Downtown District, staff anticipates a one story commercial building being built on the remaining Genz Ryan site. Laura Radosevich, 14765 Cambrian Avenue, asked if the sewer line on the concept design diagram was a new line or the same one currently in place. Mr. Zweber stated that the current line is a clay line that runs down to Master Transmission and a new line needs to be installed when the clay line is removed. There were no further comments from the public. MOTION by Powell to Close the Public Hearing. Second by Weber. Ayes: 4. Nays: None. Motion approved. Public hearing was closed at 7:27pm. Commissioner Miller asked if there will be residential allowed on the first floor and Mr. Zweber replied that it will be allowed within the PUD agreement. PLANNING COMMISSION REGULAR MEETING MINUTES JANUARY 14, 2014 PAGE 4 Chairperson Powell asked when additional information will be available on the site plan. Mr. Zweber stated that staff is discussing with the CDA to host an open house for the public prior to the Planning Commission meeting. MOTION by Weber to recommend the City Council approve a Comprehensive Plan Amendment to change the future land use designation of Lots 24 through 27, Marian Terrace Replat from LDR – Low Density Residential to DT – Downtown, subject to the Approval of the Comprehensive Plan Amendment by the Metropolitan Council. Second by Husain. Ayes: 4. Nays: None. Motion approved. c. Request for Planned Unit Development Final Site and Building Plan for Rosemount City of Rosemount Parks and Recreation Community Center and Armory Sign (14-03-PUD). Department, requests a Planned Unit Development (PUD) Master Development Plan with rezoning and final site and building plan application to allow replacement of the existing dynamic (electronic) pylon sign at the Rosemount Community Center (13885 South Robert Trail). Planner Lindahl reviewed the staff report. Chairperson Powell asked who would be in charge of the information on the sign and whether or not there is already an electrical system in place. Mr. Lindahl stated the City, specifically the Parks and Recreation Department, would be the manager of the sign information. Senior Planner Zweber added that there is a conduit in place but the system will also have wireless capability. Commissioner Weber asked what the City would do with the third panel if the National Guard decided not to purchase that advertising spot. Parks and Recreation Director Schultz approached the Commission and stated that the City does not have any other plans for the third panel and will continue discussions with the National Guard in hopes they will be agree to be part of the sign. The public hearing was opened at 7:48p.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 7:49pm. MOTION by Powell to recommend the City Council adopt a resolution approving a Planned Unit Development (PUD) Master Development Plan with Rezoning and PUD Final Site and Building Plan Applications for the City of Rosemount to allow replacement of the existing dynamic sign at the Rosemount Community Center. Second by Miller. Ayes: 4. Nays: None. Motion approve. MOTION by Powell to recommend the City Council adopt an ordinance rezoning the subject property from P/I, Public Institutional to P/I PUD – Public Institutional Planned Unit Development. PLANNING COMMISSION REGULAR MEETING MINUTES JANUARY 14, 2014 PAGE 5 Second by Miller. Ayes: 4. Nays: None. Motion approved. The applicant, Flint Hills d. Flint Hills Resources Request for Interim Use Permit (14-04-IUP). Resources LP (FHR) has applied for an Interim Use Permit (IUP) to install up to ten (10) blast resistant tents to provide space for break periods and safety shelters for contract workers. This request is in addition to the sixty (60) blast resistant modules that were reviewed and recommended for approval by the Planning Commission in November. Senior Planner Zweber reviewed the staff report. The public hearing was opened at 7:57p.m. Don Kern, Flint Hills Resources, was present to answer questions. Commissioner Husain asked how the tents are made to be blast resistant. Mr. Kern replied that the tents are a rigid structure where the exterior walls will bend and reflect when faced with pressure but the interior walls will not move even though they are bigger than the modules. Commissioner Miller asked if the tents comply with the building permit condition that they comply with all fire codes. Mr. Kern stated the tents meet most national fire and building code requirements and that they are subject to review by staff and the Fire Marshal. There were no further public comments. MOTION by Powell to Close the Public Hearing. Second by Miller. Ayes: 4. Nays: None. Motion approved. Public hearing was closed at 8:02pm. Chairperson Powell asked if the IUP would come back to the Commission at the end of the term. Mr. Zweber replied that it will and then staff can address the number of tents needed at that time. MOTION by Powell to recommend the City Council approve an Interim Use Permit to Flint Hills Resources for up to Ten (10) Blast Resistant Tents, subject to the following conditions: 1.The Interim Use Permit expires 12/31/2018. 2.The placement of the Blast Resistant Tents is limited to the areas shown on the Blanket Agreement map. 3.Each tent requires a building permit and shall conform to all applicable building and fire codes. 4.The applicant must obtain a grading permit prior to grading or installation of the tents. Second by Miller. Ayes: 4. Nays: None. Motion approved. e. SKB Environmental Request for Small Scale Mineral Extraction Permit Renewal for 2014 (14-06- The applicant, SKB Environmental, Inc., requests renewal of their existing mineral extraction ME). th permit for the properties located at 4992 145 Street East. Planner Lindahl reviewed the staff report. PLANNING COMMISSION REGULAR MEETING MINUTES JANUARY 14, 2014 PAGE 6 Commissioner Miller stated the provision that allows the City the right to obtain soil or water samples from the site should be included in the permit and that Condition H relating to no trespassing should be in other permits. Commissioner Husain asked if Condition E included permits from the MPCA. Senior Planner Zweber responded that clean fill does not require a permit from the MPCA. The public hearing was opened at 8:18pm. Geoff Strack, SKB Environmental, stated that SKB has operated the site for three years and do not want to change anything. Chairperson Powell asked if there was ever any conflict with the shared access with Danner. Mr. Strack stated that SKB has a good working relationship with Danner and there hasn’t been any issues. There were no further public comments. MOTION by Powell to Close the Public Hearing. Second by Miller. Ayes: 4. Nays: None. Motion approved. Public hearing was closed at 8:19pm. Commissioner Miller requested the motion be revised to add the condition regarding independent sampling by the city. MOTION by Miller to recommend the City Council renew the SKB Environmental, Inc. Mineral Extraction Permit for 2014, subject to the terms and conditions in the attached 2014 Draft Conditions for Mineral Extraction, with the addition of the condition granting the City the right to obtain soil and water samples for independent testing. Second by Weber. Ayes: 4. Nays: None. Motion approved. New Business None. : Old Business : Northern Natural a. Northern Natural Gas Request for Essential Services Permit (13-34-ESP). Gas Company (NNG) is proposing to install a 12 inch natural gas pipeline to provide service to the Flint Hills Resources refinery. The pipeline will connect the existing 30 inch pipeline located about a ½ mile south of County Road 46 in Coates to the refinery. Under the zoning ordinance, this type of transmission utility requires an essential services permit. This is a continuation of the public hearing from the November 26, 2013, meeting. Senior Planner Zweber reviewed the staff report. Chairperson Powell asked representatives from Northern Natural Gas and the Rechtzigels if they approve the conditions and allowed them to speak even though the public hearing was closed. th Leslie Rechtzigel, 3330 145 St East, approached the Commission and thanked them for tabling the item from the last meeting to allow them to work with NNG on an alternative alignment. Chairperson Powell expressed his struggle with essential services permits since the Commission really doesn’t have much control over what they can approve. He stated this ordinance should be reviewed in the future. PLANNING COMMISSION REGULAR MEETING MINUTES JANUARY 14, 2014 PAGE 7 MOTION by Powell to recommend that the City Council approve the Essential Services Permit for Northern Natural Gas, subject to the following conditions: 1.Locate the crossing of County Road 42 as close to the MinnCan easement as possible for the construction of the NNG gas line and the future maintenance of the NNG gas line, the MinnCan line and the Metropolitan Council sewer line. 2.Submittal and approval of a City Utility Permit from the City Engineer. 3.All construction and restoration activities shall conform to the City of Rosemount General Specifications and Standard Detail Plates for Street and Utility Construction. Second by Miller. Ayes: 4. Nays: None. Motion approved. Reports : Senior Planner Zweber gave an update on the Hansen a. Results of Hansen Variance Appeal. variance appeal wherein the City Council reinstated the masonry requirement. Senior Planner Zweber stated Chairperson Powell and b. Commissioner Terms and Training. Commissioner Weber both have stated they are not seeking reappointment. Mr. Zweber thanked them for their services. Adjournment There being no further business to come before this Commission, the meeting was : adjourned at 8:35p.m. Respectfully Submitted, Kathie Hanson, Recording Secretary