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HomeMy WebLinkAbout20150402 PCM RM PLANNING COMMISSION REGULAR MEETING MINUTES April 2, 2015 PAGE 1 Call to Order: Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, April 2, 2015. Vice Chair Kenninger called the meeting to order at 6:30 p.m. with Commissioners Kurle, Forster, and VanderWiel. Chair Miller was absent from the meeting. Also in attendance were Senior Planner Zweber, Planner Lindahl, Engineer Hatcher, and Recording Secretary Roudebush. The Pledge of Allegiance was said. Additions to Agenda: None Audience Input: None Consent Agenda: None Public Hearing: 5.a. Request by Arcon Development for a Comprehensive Plan Amendment to Convert about 50 Acres from MDR: Medium Density Residential to LDR: Low Density Residential. (15-08- CPA). Senior Planner Zweber summarized his report for the Planning Commission. Scott Johnson with Arcon Development was on hand to take questions. He stated that there is no longer a market for townhouses and it makes more sense to switch back to single family homes. The public hearing was opened at 6:42 pm. Public comments: Jeff Christensen 1107 Adiar Avenue, was surprised that it was medium density since his builder told them it would be single family housing and is in full support of the change. He hopes that trees can be kept. MOTION by Kurle to close the public hearing. Second by VanderWiel. Ayes: 4. Nays: 0. Motion Passes. The public hearing was closed at 6:43 pm. Additional Comments: PLANNING COMMISSION REGULAR MEETING MINUTES April 2, 2015 PAGE 2 Senior Planner Zweber stated that the trees were approved to be removed during the preliminary plat approval, but developer will be required to replace the tress. Forster inquired about the rectangle just outside the highlighted area. Mr. Zweber stated that it will come before Planning Commission when the final plat for that area is proposed. Commissioner Kurle is in agreement with the change of density. Motion by Kurle to recommend the City Council approve a Comprehensive Plan Amendment for Arcon Development amending the land use designation of 50.3 acres 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 Forster Ayes: 4 Nays: 0 Motion approved. Motion by Forster to recommend the City Council approve a Comprehensive Plan Amendment increasing the MDR: Medium Density Residential density range from 5 to 10 units per acres to 6 to 12 units per acres and increasing the HDR: High Density Residential density range from 10 to 24 units per acre to 12 to 30 units per acre. Second by Kurle Ayes: 4 Nays: 0 Motion approved. 5.b. Request by Fireside Restaurant for a Conditional Use Permit to Allow an Outdoor Seating or Dining Area for Eleven or More Seats (15-09-CUP). Planner Lindahl summarized his report for the Planning Commission. Commissioner Forster inquired if the current forms of egress could handle the additional occupancy load. Senior Planner Zweber stated that when the shopping center was originally designed it was two separate spaces so there are multiple choices of egress to accommodate the additional patrons. Forster also inquired if there adequate number of restrooms, Mr. Zweber stated that when Fireside first came in the bathrooms were addressed at that time. Planner Lindahl stated that staff will take a closer look at those issues during the building permit review. Kim Jacobson, with MidAmerica, and Kim Zeigler, manager at Fireside, were on hand to answer any questions. The public hearing was opened at 7:07 pm. Public comments: None MOTION by Kurle to close the public hearing. PLANNING COMMISSION REGULAR MEETING MINUTES April 2, 2015 PAGE 3 Second by Forster. Ayes: 4. Nays: 0. Motion Passes. Public Hearing closed at 7:08 pm Additional Comments: Commissioner Forster inquired how long the conditional use permit is good for. Planner Lindahl stated that there is no end date, unless it does not conform to the condition of the permit or if the use of the space changes then the Conditional Use Permit would expire. Forster also inquired how the other tenants of the shopping center felt about the additions. Mr. Jacobson stated that they have discussed with other tenants and they are excited about it the changes, particularly with the new nose-in parking stalls that will allow customers to visit the business without being require to walk through the traffic lane. There have been concerns with the current speed of traffic and the change in drive lane will help address that issue. Mr. Jacobson also stated that he has only heard positive responses from tenants. Commissioner Kenninger inquired if there is currently an Interim Use Permit for the parking lot. Lindahl stated that there is a greenhouse with a current Interim Use Permit for the parking lot, but it should not be impacted by the proposed changes. Kenninger also inquired if businesses will be able to reserve parking spots for a specific business. Mr. Jacobson stated that it hasn’t been addressed yet, but could see them only doing it for businesses that need short term parking. Commissioner Kenninger is excited to see this additional and thinks it will be a great addition. Motion by Kurle to recommend the City Council approve a conditional use permit for the Fireside Restaurant allowing operation of an outdoor seating or dining area for eleven or more seats, subject to the following conditions: 1.Approval of an amendment to the applicant’s existing liquor license to allow alcohol to be served on the outdoor dining areas. 2.Approval of a building permit. 3.Conformance with the approved site plan. 4.Revise the proposed site plan to include detailed off-street parking information including the number of handicapped accessible stalls and total number of stalls. 5.Provide additional detail regarding the proposed plantings, including size and species. 6.Revise the site plan to relocate the emergency exits for each outdoor dining area to the opposite side of the restaurant’s main entrance. 7.No public address system, music, or TV located on the patio shall be audible from a noncommercial or nonindustrial use or district. 8.Conformance with all the requirements of the City Engineer’s memo dated March 24, 2015. PLANNING COMMISSION REGULAR MEETING MINUTES April 2, 2015 PAGE 4 9.Conformance with all requirements of the Fire Marshal’s memo dated March 24, 2015. Second by Forster Ayes: 4 Nays: 0 Motion approved. Old Business: none New Business: rd 7.a. Request by Lennar Corporation for the 28 Lot Final Plat of Bella Vista 3 Addition. (15- 07-FP) Senior Planner Zweber summarized his report for the Planning Commission. Commissioner Forster inquired about the new road and how it will intersect the regional trail. Mr. Zweber stated that it will be at grade with the road at an intersection were drivers would expect a crosswalk. Forster also inquired about the two existing properties in the large rectangles to the south of Bella Vista. He inquired if this property could be developed in the future. Mr. Zweber stated that is the plan, it is designed so that if/when each property is developed it can be done independently of each other but still work together if both are developed. By collector road standards, one more road access is allowable between Bacardi Avenue and Autumn Path for access to Bonaire Path that would run along the property line of the two properties. rd Motion by Kurle to recommend that the City Council Approve the Final Plat for Bella Vista 3 Addition, subject to the following conditions: 1.Execution of a Subdivision Agreement. 2.Drainage and utility easements with storm sewer infrastructure may contain fences but shall be required to include gates to provide truck access; shall prohibit sheds or other accessory structures; and shall prohibit landscaping that would impede drainage. 3.Conservation easements shall be recorded over all wetlands, wetland buffers, stormwater ponds and stormwater buffer strips. Fences are not allowed in the conservation easements. 4.Create and record a restrictive covenant on the retaining wall located on private property that ensures that it is the homeowner’s cost and responsibility to maintain the retaining wall. 5.Provision of $24,475 for landscaping security. 6.Grading of the entire regional trail corridor. 7.Payment of $95,200 for Fee-in-Lieu of Park Dedication. 8.Compliance with the conditions and standards within the City Engineer’s Memorandum dated March 24, 2015. Second by VanderWiel PLANNING COMMISSION REGULAR MEETING MINUTES April 2, 2015 PAGE 5 Ayes: 4 Nays: 0 Motion approved 7.b. Text Amendment Related to Alcoholic Beverage Production Establishments (15-10-TA) Senior Planner Zweber summarized his report for the Planning Commission. Councilmember Nelson is on hand to answer any questions. Mr. Nelson is the one who first recommended to proactively amending the liquor related uses text amendment. Commissioner Kenninger inquired about the approval process. Mr. Zweber states that the permitted use wouldn’t need to come before the Planning Commission or the City Council but would need to come before the Planning Commission and City Council for a Conditional Use Permit if one of these businesses wanted to add a drive thru lane or patio seating. The liquor license would need approval by City Council. Kenninger inquired about the next action needed by the Planning th Commission. Mr. Zweber stated that a public hearing will be held April 28 for the Planning th Commission and that recommendation would be forwarded to May 19 for City Council. City staff st will need the Commissioner’s comments by April 21. Commissioner VanderWiel inquired about the odors that these types of businesses produce. Mr. Zweber stated that odors are only produced during the brewing process; brewing takes about 4 hours and typically would occur about 3 times a week. The odors produced are similar to smells produced by a bakery. The fermenting process lasts between 18 days to 45 days, depending on the beer; no odors are produced as it is a closed system. She is also concerned that some of the wording is too ambiguous. Mr. Zweber stated that he is working with City Attorney to clarify the language before it comes up for public hearing. 7.c. Text Amendment Related to Non-Conforming Auto Related Uses (15-04-TA) Planner Lindahl summarized his report for the Planning Commission. Commissioner Kenninger asked for clarification of the date of the work session. Planner Lindahl th stated that it would be April 28, before or after the regular meeting. Mr. Lindahl also stated that the meeting will offer the Commissioners the opportunity to ask questions and have an informal discussion on the topic. Business owners of auto related uses will be invited to attend the work session. Commissioner Kurle inquired as to what Staff thinks about how other cities have more than one definition of auto uses. Mr. Lindahl thinks it could be helpful, although they don’t intend to mimic another city. Non-conforming businesses are not allowed to expand so if we want to encourage improvements in those businesses then we need to adjust zoning. Definitions will allow some flexibility while still limiting the uses in other districts. Planner Zweber stated there are ways to define major and minor auto uses, such as by the time the customer is on the site (i.e. rapid oil change), or if all vehicles fit inside at night. If the business need more space, then they may be a major auto use. He personally likes definitions of major and minor auto uses. Commissioner Kurle agrees with Mr. Zweber. PLANNING COMMISSION REGULAR MEETING MINUTES April 2, 2015 PAGE 6 Mr. Lindahl will be reaching out to the Cities of Burnsville and Eagan to understand how they operate. Reports: 8.a. New Planning Commissioner Membership. Increasing 5 to 7 members The approval to increase the number of members to 7 will go before City Council April 7, 2015 8.b. Planning Commission Training. th Training will be before the April 28 meeting starting at 5:00 pm. th Next Meeting will be in the 4 Tuesday in April. Adjournment: There being no further business to come before this Commission, Vice Chairperson Kenninger adjourned the meeting at 8:12 p.m. Respectfully submitted, Amy Roudebush, Recording Secretary