HomeMy WebLinkAbout20140422 PCM RM
PLANNING COMMISSION REGULAR MEETING MINUTES
APRIL 22, 2014
PAGE 1
Call to Order:
Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held
on Tuesday, April 22, 2014. Chair Miller called the meeting to order at 6:30 p.m. with
Commissioners Husain, Forster, and Kenninger present. Commissioner Kurle 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 March 25, 2014, Meeting Minutes
b. Approval of the April 8, 2014 Meeting Minutes
Commissioner Kenninger stated that on Page 3 of the March 25, 2014 meeting minutes under
section c., it states that there were no public comments when it should state “there were no further
public comments”.
MOTION by Forster approve the March 25, 2014, Meeting Minutes with the requested
change.
Second by Miller.
Ayes: 4. Nays: 0. Motion approved.
MOTION by Kenninger to approve the April 8, 2014, Regular Meeting Minutes.
Second by Husain.
Ayes: 4. Nays: 0. Motion approved.
Public Hearings
:
a. Request by SKB for Interim Use Permit to Allow the Construction and Operation of a
The applicant, SKB Environmental, Inc. (SKB) owns and operates
Recycling Facility (14-24-IUP).
an industrial, construction and demolition waste landfill at 13425 Courthouse Blvd. On November
19, 2013, the City approved a new five (5) year interim use permit (IUP) for their landfill that
included plans for an enclosed recycling/transfer facility. Since that approval, SKB has proposed a
recycling facility that will remove non-ferrous metals from municipal solid waste (MSW) ash at the
landfill. Their proposal includes an outdoor drop off area where trucks would drop MSW ash and
then the ash would be brought into the facility with a front end loader. This outdoor drop off was
not considered in their 2013 IUP and therefore SKB is requesting an amendment to their IUP to
allow this outdoor activity. Senior Planner Zweber stated that staff is requesting the Commission
to open the public hearing, take any public comments and then continue the public hearing to the
May 27, 2014 Planning Commission meeting.
The public hearing was opened at 6:35pm.
There were no public comments.
MOTION by Miller to continue the Public Hearing to the May 27, 2014 Planning
Commission meeting.
Second by Kenninger.
PLANNING COMMISSION REGULAR MEETING MINUTES
APRIL 22, 2014
PAGE 2
Ayes: 4. Nays: None. Motion approved.
b. Request by The Ryland Group for a Comprehensive Plan Amendment to Develop a 70 Lot
rd
Senior Planner Zweber reviewed
Subdivision and Public Park in Greystone 3 Addition (14-25-CPA).
the staff report on the request by The Ryland Group, Inc. (Ryland) for approval of a Comprehensive
Plan Amendment to allow 70 lots on about 33 acres.
Commissioner Husain asked the distance between the development and the railroad tracks. Mr.
Zweber stated the railroad tracks are approximately 500 feet from the current homes.
Commissioner Husain also asked if the park will be expandable to the east on the other side of the
powerline. Mr. Zweber stated that it can be expanded to the other side of the powerlinewhen the
property to the east develops as a low density residential area. Rosemount, as well as other Cities,
have designed parks with powerlines within the park.
Commissioner Kenninger asked who owns the property to the east. Mr. Zweber responded the
John Chadwick of Minnova Land owns the property and has a purchase agreement from Ryland
Homes to purchase the area of the Comprehensive Plan Amendment. Mr. Zweber stated he
expects they will market the land to the east for sale later this summer.
Commissioner Forster asked if staff has any concerns with the density of the project and currently
only one access to the development. Project Engineer Olson gave an explanation of the available
and future accesses to the development connecting with Akron Avenue and Bonaire Path.
The public hearing was opened at 6:51pm.
There were no public comments.
MOTION by Miller to close the Public Hearing.
Second by Husain.
Ayes: 4. Nays: None. Motion approved. The Public Hearing was closed at 6:52pm.
MOTION by Husain to recommend the City Council approve a Comprehensive Plan
Amendment for the Greystone Third Addition development amending the land use
designation from MDR – Medium Density Residential to LDR - Low Density Residential,
subject to the approval of the Comprehensive Plan Amendment by the Metropolitan
Council.
Second by Kenninger.
Ayes: 4. Nays: None. Motion approved.
c. Request by Vic’s Crane and Heavy Haul for a Site Plan Review to Allow Construction of a
The applicant, Vic’s Crane and Heavy
25,000 Square Foot Vehicle Maintenance Building (14-26-SP).
Haul, requests site plan approval to allow the construction of a 25,000 square foot precast concrete
vehicle maintenance building. Planner Lindahl reviewed the staff report.
Commissioner Husain asked about access to the building and the location with respect to the Verizon
Wireless equipment building talked about at last month’s meeting. Mr. Lindahl showed the details on
the map and also stated that the access roads will not be paved.
PLANNING COMMISSION REGULAR MEETING MINUTES
APRIL 22, 2014
PAGE 3
Commissioner Kenninger referenced a discrepancy in the staff report to the condition regarding
required parking spots and asked landscaping requirements. Mr. Lindahl stated the required parking
spots should read 78 and he explained the landscaping requirements and the amount of trees
recommended in the conditions. Commissioner Kenninger then asked about the areas of the site
that are in noncompliance. Mr. Lindahl stated that the current focus is on the improvements to the
development to help bring that portion to compliance, but other portions of the site will remain non-
conforming.
Commissioner Forster asked about the drainage of the building and the down spouts. Project
Engineer Olson explained the drainage route from the building.
Chair Miller if there are any pipeline easements on the property. Mr. Zweber responded that the
pipelines in the area to the east and south of the property are not on the Vic’s Crane property and
should not be affected by this project. Chair Miller asked staff to explain the changes made to the
land use of the site. Mr. Lindahl responded that the current site was zoned General Industrial and
changes started occurring with the 42/52 interchange in the early 2000s. He stated the northern
portion of the property is guided Regional Commercial connected with the interchange and the
southern portion is guided for Business Park where the building will be located. Chair Miller asked
how the current use and possible future uses would comply with the BP: Business Park zoning. Mr.
Lindahl stated the architectural design of the building would meet the BP standards. He also stated
the proposed vehicle maintenance use would be grandfathered and allowed to continue but the
building could be reused in the future as an office warehouse type which would be allowed in BP.
The public hearing was opened at 7:22pm.
Chair Miller asked the applicant to address the questions raised including the drainage of the
building, the dust concerns, and the possible land use change in the future.
Timothy Harty of Vic’s Crane and Heavy Haul; Jeff Hensel, of Greystone Construction; and David
Linner of David Linner Architects, approached the Commission. Mr. Henzel explained the down
spouts on the building and stated they drain directly into the stormwater pond on the north side of
the building. Mr. Harty gave an overview of the crane traffic involved and stated that they actively
spray for dust control. He further stated that the amount of crane traffic won’t necessarily increase
with the new maintenance building; they are simply trying to improve procedures. Commissioner
Husain asked about the current building that is on site. Mr. Harty stated the current building will
be used more for storage for some of the outdoor items. Mr. Linner addressed the reuse of the
building stating that they would be able to change the overhead doors to glass to change the
building to an office building. Chair Miller asked the applicant if any types of chemicals are stored
on site. Mr. Harty stated that motor oil and diesel fuel are the only items.
There were no further public comments.
MOTION by Miller to close the Public Hearing.
Second by Forster.
Ayes: 4. Nays: None. Motion approved. The Public Hearing was closed at 7:30pm.
Another discussion took place on the drainage requirements and Mr. Olson explains how the
stormwater will drain and what will be needed to be in compliance in the future.
MOTION by Kenninger to approve the site plan for Vic’s Crane and Heavy Haul to allow
PLANNING COMMISSION REGULAR MEETING MINUTES
APRIL 22, 2014
PAGE 4
th
construction of a 25,000 square foot vehicle maintenance building at 3000 145 Street East
(County Road 42), subject to conditions.
1.Issuance of a building permit.
2.Coordinate the colors of the different wall panels to insure the building has a
consistent appearance.
3.Increase the number of proof of parking stalls from 66 to 78. Submit a revised site
plan prior to issuance of a building permit.
4.Construct the parking and maneuvering areas south and northeast of the existing
office building.
5.Revise the landscape plan to meet the minimum requirement of at least 8 trees and
70 foundation plantings prior to issuance of a building permit. Foundation planting
may be substituted at a rate of 1 tree for every 5 plantings. All trees shall be
coniferous and located in a double row 15 feet on center adjacent to County Road
42 to provide screening.
6.Submission of a landscape security equal to one hundred and ten percent (110%) of
the total cost of the required plantings.
7.Revise the lighting plan to include a light fixture consistent with the City’s exterior
lighting standards.
8.All trash containers shall be stored within a building or an enclosure consistent with
the standards in Section 5-1-3.
9.Conformance with all conditions of the City Engineer as outlined in the memo
dated April 17, 2014 prior to issuance of a building permit.
Second by Forster.
Ayes: 3. Nays: 1- Husain. Motion approved 3-1.
Chair Miller asked Commissioner Husain to explain his opposition. Commissioner Husain stated
that he felt the development was incomplete and even though the proposed improvements moved
the site closer to compliance with the General Industrial district, the site will still not be in full
compliance and that is why he could not support it.
d. Request by Cemstone Products for an Interim Use Permit to Operate a Primary Concrete
Senior Planner Zweber reviewed the staff report on the primary concrete facility
Facility (14-27-IUP).
requested by Cemstone Products and explained that staff is recommending the Commission to
recommend approval of a 5 year interim use permit with the understanding that staff will work with
the city attorney and the applicant to possibly approve a 10 year permit with the ability to review the
IUP when the road system is developed or if development occur faster than expected.
Commissioner Forster asked for an explanation of the IUP timeframe, when the plant will be
operational and whether or not the wells need to be removed. Mr. Zweber responded that the time
period of the IUP begins upon approval and expires on December 31, 2018. He further stated that
the seasonal plant cannot operate for more than 18 months before the primary plant needs to be in
operation. With respect to the wells, Mr. Zweber stated that there is language included in the Large
Scale Mineral Extraction permit on how to abandon wells and when work on the site is complete,
they will need to address the wells.
Commissioner Kenninger asked if the weir is not installed until 2015, how washing will be addressed
until that point and whether or not the area will be paved. Mr. Zweber explained how the weir area
will work and stated the weir is slightly disconnected from the paving and can be constructed before
the area is paved. Commissioner Kenninger asked why the 24 hour operations request is not outlined
in the conditions. Mr. Zweber stated that anything outlined in the conditions is what is different than
PLANNING COMMISSION REGULAR MEETING MINUTES
APRIL 22, 2014
PAGE 5
originally requested in the IUP application. The applicant requested the 24 hour operations in the
original application.
Commissioner Husain asked the difference between the seasonal and primary plants. Mr. Zweber
stated the actual production is not different but the primary plant is a 12 month a year operation
through the winter so it requires a heated building. The seasonal plant quits production around
st
November 1. Commissioner Husain then asked the distance between the two plants and any
concern of staff regarding the truck traffic on County Road 46. Mr. Zweber stated the two plants are
approximately 500-600 feet apart from each other and that truck traffic on County Road 46 is not so
much a concern as it is intended to be a 10 ton road but that how they access County Road 42 from
46 is more of a concern.
Chair Miller asked if an IUP had ever been denied during review and for an overview of the
stormwater from the weir and how it will affect the groundwater. Mr. Zweber stated that he doesn’t
know of any IUP ever being denied, but staff has had to continue some or extend their current IUP
so more review could be made on the requested one. He further stated the biggest user of the 5 year
IUP is the landfill on Highway 55 and they come in for amendments quite often within the 5 years
which provides staff a chance to review their operations. Mr. Olson addressed the stormwater
question and gave an overview of the site and how the AUF area drains.
The public hearing was opened at 8:18pm.
Ken Kuhn of Cemstone Products provided an explanation between seasonal and primary plants
and described how the weir system will work and where it will be paved right away. He further
explained the reason Cemstone is requesting a 10 year permit rather than a 5 year has mostly to do
with the amount of money invested in the project and the current banking requirements stating that
banks these days hesitate investing in short term projects. Chair Miller asked Mr. Kuhn about the
ability for staff to review the IUP at a later date within the 10 years and Mr. Kuhn acknowledged
that there will be meetings on a periodic basis to address changes during the 10 years.
There were no further public comments.
MOTION by Miller to close the Public Hearing.
Second by Kenninger.
Ayes: 4. Nays: None. Motion approved. The Public Hearing was closed at 8:27pm.
Commissioner Kenninger asked how the hours of operation will be addressed if the permit is
extended to 10 years and also if there will be traffic signals installed along County Road 46. Mr.
Zweber stated that is one of the reasons why language is included to allow the ability to review the
IUP within the 10 year time period in anticipation of changes to the development and roadway
network in the area. With respect to traffic signaling, in the future at the corner Akron Avenue and
County Road 46, there will be a traffic light. In the interim, striping will occur later this spring or
summer which will create a center lane for through traffic and right and left turn lanes into the site
for trucks.
MOTION by Husain to recommend that the City Council Approve an Interim Use Permit
(IUP) for Cemstone Products Company to Operate a Primary Ready Mixed Concrete Plant
with the following conditions:
1.Compliance with the Interim Use Permit Application for the Primary Concrete Plant
dated March, 24, 2014.
PLANNING COMMISSION REGULAR MEETING MINUTES
APRIL 22, 2014
PAGE 6
2.Compliance with the Large Scale Mineral Extraction Permit for Dakota Aggregates
(Resolution 2012-105).
3.The Interim Use Permit expires on December 31, 2018.
4.Concrete trucks shall access CSAH 46 either via the Station Trail access or the Akron
Avenue access only. Concrete trucks my not use Biscayne Avenue or any UMore
roadway (Akron, Angus, Barbara or Blaine Avenues) to access CSAH 42.
5.The paving of the concrete production site shall be completed by December 31, 2016.
rd
No less than 1/3 of the site shall be paved each year of 2014, 2015 and 2016. The
priority for paving completion each year shall consider the area closest to the private
AUF road, the area most traveled by the concrete trucks and the area of the wash water
weir.
6.Stockpiles associated with the concrete plant cannot exceed 60 feet in height.
7.Conformance with The City Engineer’s Memorandum dated April 16, 2014.
Second by Kenninger.
Ayes: 4. Nays: None. Motion approved.
e. Request by Cemstone Products for an Interim Use Permit to Operate a Seasonal Concrete
Similar to the previous item, Senior Planner Zweber reviewed the staff report on
Facility (14-27-IUP).
the seasonal concrete facility requested by Cemstone Products.
Commissioner Kenninger asked why a 10 year permit was requested for the seasonal plant when it
probably has less expense than the primary. Mr. Zweber stated that if changes needed to be made to
the conditions in the event development in the area occurs, the changes would affect both the
primary and the seasonal operations.
The public hearing was opened at 8:41pm.
There were no public comments.
MOTION by Miller to close the Public Hearing.
Second by Kenninger.
Ayes: 4. Nays: None. Motion approved. The Public Hearing was closed at 8:42pm.
MOTION by Kenninger to Recommend that the City Council Approve an Interim Use
Permit (IUP) for Cemstone Products Company to Operate a Seasonal Ready Mixed
Concrete Plant with the following conditions:
1.The construction of the Primary Concrete Facility must be completed and receive its
Certificate of Occupancy within 18 months of the installation of the seasonal concrete
plant.
2.Compliance with the Interim Use Permit Application for the Seasonal Concrete Plant
dated March, 24, 2014.
3.Compliance with the Large Scale Mineral Extraction Permit for Dakota Aggregates
(Resolution 2012-105).
4.The term of this Interim Use Permit expires on December 31, 2018.
5.Concrete trucks shall access CSAH 46 either via the Station Trail access or the Akron
Avenue access only. Concrete trucks my not use Biscayne Avenue or any UMore
roadway (Akron, Angus, Barbara or Blaine Avenues) to access CSAH 42.
6.The paving of the concrete production site shall be completed by December 31, 2016.
rd
No less than 1/3 of the site shall be paved each year of 2014, 2015 and 2016. The
priority of the paving done each year shall consider the area closest to the private
PLANNING COMMISSION REGULAR MEETING MINUTES
APRIL 22, 2014
PAGE 7
AUF road, the area most traveled by the concrete trucks and the area of the wash
water weir.
7.Stockpiles associated with the concrete plant cannot exceed 60 feet in height.
8.Conformance with The City Engineer’s Memorandum dated April 16, 2014.
Second by Husain.
Ayes: 4. Nays: None. Motion approved.
f. Request by Dakota Aggregates, LLC for a Planned Unit Development (PUD) Master
Development Plan with Rezoning and Final Site and Building Plan Allowing Larger and a Greater
Planner Lindahl reviewed the staff report regarding the
Number of Ground Signs (14-29-PUD).
request by Dakota Aggregates for a Planned Unit Development (PUD) Master Development Plan
with Rezoning and Final Site and Building Plan applications allowing deviations from the typical sign
standards of the AG – Agricultural district.
Commissioner Forster asked for more information on the sign materials. Mr. Lindahl stated it will
be fieldstone for the base and masonry panels with decorative accents.
Commissioner Kenninger asked how tall the main entrance sign would be and noted the times on the
sign elevations are not correct. Mr. Lindahl stated the main entrance sign will be a low profile sign at
4 x 8 and the times on the elevation diagram are a sample only and not meant to be the correct
operation times. Commissioner Husain asked about the lighting of the signs and Mr. Lindahl stated
the lighting will be to illuminate the sign only and will be directed towards the ground. The applicant
will need to go through the building permit process to have that detail approved.
The public hearing was opened at 8:53pm.
Alex Olin, the Environmental and Safety Coordinator at Cemstone Products stated that the sign
will have a fieldstone masonry base and the rest of the sign will match what is on the scale house
with raised steel lettering.
There were no further public comments.
MOTION by Kenninger to close the Public Hearing.
Second by Forster.
Ayes: 4. Nays: None. Motion approved. The Public Hearing was closed at 8:54pm.
MOTION by Kenninger 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 Dakota Aggregates allowing larger and a
greater number of ground signs.
Second by Forster.
Ayes: 4. Nays: None. Motion approved.
MOTION by Kenninger to recommend the City Council adopt an ordinance rezoning the
subject property from AG – Agricultural to AG/PUD – Agricultural Planned Unit
Development.
Second by Forster.
Ayes: 4. Nays: None. Motion approved.
PLANNING COMMISSION REGULAR MEETING MINUTES
APRIL 22, 2014
PAGE 8
Old Business None.
:
New Business
:
th
a. Request by Arcon Development for the Approval of the Prestwick Place 8 Addition Final
Senior Planner Zweber reviewed the staff report regarding the request by
Plat for 33 Lots (14-32-FP).
th
Arcon Development for the approval of Prestwick Place 8 Addition Final Plat. Mr. Zweber added
that this is the same plat as D.R. Horton previously submitted in 2013 and approved by the Planning
Commission with the same conditions, but that D.R. Horton had withdrawn the plat before it went
to the City Council.
Commissioner Forster asked which improvements on Connemara the developer is responsible for.
Project Engineer Olson stated that the City is not proposed any new improvements to Connemara
but are asking payment from the developer for the improvements previously made.
Chair Miller asked if there will be any access installed for the residents to cross Connemara to get to
the park on the south side of Connemara. Mr. Olson stated that there are trails currently along
Connemara that residents can use to get to the closest connector road so they can safely cross
Connemara. He further stated that Connemara is too busy of a street to have a safe crosswalk in the
middle of the road. Chair Miller further asked if it were possible to provide a pedestrian tunnel to
provide north to south access across Connemara. Mr. Olson stated that there are no funding sources
for a tunnel and it would have to be developer initiated in order for the Council to consider it.
Commissioner Kenninger asked how many lots in the previous plats were completed and for the
reason for the reduced side yard setback in the new developments. Mr. Zweber stated that most of
the lots are pretty close to being complete and the simple reason for a smaller side yard setback is to
increase density.
th
MOTION by Forster to recommend that the City Council approve the Prestwick Place 8
Addition Final Plat, subject to the following conditions:
1.Trees installed on individual lots shall be planted in a location that does not interfere
with curb stops or individual sewer or water connections.
2.A letter of credit in the value of $10,120 as a landscaping security (46 trees x
$200/tree x 110%).
3.Fences on lots adjacent to Connemara Trail shall be constructed so that proposed
landscaping is visible to the public, outside the fence and between the fence and
Connemara Trail right-of-way.
4.Payment of fee-in-lieu of park dedication at the time of building permit issuance at
the rate established by the City Council at the time of building permit issuance.
5.Compliance with the conditions and standards within the Parks and Recreation
Director’s Memorandum dated April 16, 2014.
6.Compliance with the conditions and standards within the City Engineer’s
Memorandum dated April 16, 2014.
Second by Kenninger.
Ayes: 4. Nays: None. Motion approved.
Reports Planner Lindahl gave an update on the approved solar ordinance, the Resilient
:
Communities partnership with the University of Minnesota, and the Mississippi River Critical
Corridor standards in the process of being updated.
Recording Secretary Kathie Hanson gave an update of her new position with the City in the Police
PLANNING COMMISSION REGULAR MEETING MINUTES
APRIL 22, 2014
PAGE 9
Department effective Monday, May 5, 2014, and stated the Commission will be informed of her
replacement when known.
Mr. Zweber updated the Commission on the approval of Plant Place interim use permit with
respect to the condition added by the Commission to have the fertilizer properly stored. He stated
the Plant Place only sell their own fertilizer in 2 pound bags and they will store them under the
shelter. Mr. Zweber stated the City Council removed the additional condition for consistency and
convenience.
Adjournment There being no further business to come before this Commission, Commissioner
:
Miller adjourned the meeting at 9:25p.m.
Respectfully Submitted,
Kathie Hanson, Recording Secretary