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Home My WebLink About20150623 PCM RM PLANNING COMMISSION REGULAR MEETING MINUTES June 23, 2015 PAGE 1 Call to Order: Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, June 23, 2015. Chair Miller called the meeting to order at 6:30 p.m. with Commissioners Kenninger, Kurle, Henrie, Freeman, and VanderWiel. Commissioner Forster was absent. Also in attendance were Senior Planner Zweber, Planner Lindahl, Intern Nelson, and Recording Secretary Roudebush. The Pledge of Allegiance was said. Additions to Agenda: None Audience Input: None Consent Agenda: a.Approval of the May 26, 2015 Meeting Minutes Page 4, paragraph 2, 3 line, remove “the reviewed the” rd MOTION by Kenninger Second by VanderWiel Ayes: 5. Nays: 0. Kurle obtains as he was absent. Motion Passed. Public Hearing: 5.a. Request by The City of Rosemount for a Text Amendment Related to Non-Conforming Auto Related Uses (15-22-TA) Planner Lindahl summarized his report for the Planning Commission. Chair Miller inquired about the difference between minor and major auto repairs, wonders if there is an option to make it more specific. He also felt Truck Stop should have a clearer definition as well; he wants to make it clear as possible for business owners. Planner Lindahl stated that Staff took a look at what other cities have done, as well as the American Planner Association definitions to help provide specificity. Minor would be what most users would need for repair of their vehicles. Major is the repair of larger commercial vehicles and auto body repair and painting. Lindahl stated wording could be added that major includes all minor plus items listed in major. It is a challenge to make it all encompassing but too cumbersome to make it difficult to interpret. Senior Planner Zweber stated that staff looks at how they would enforce the code when defining definitions and the need for a definition that the City can enforce. Lindahl stated that beyond the definition there are detailed conditions in the Conditional Use standards to help determine if it is major or minor auto repair. Miller also wondered at what point does a gas station becomes a truck stop. Lindahl stated that the definition and standards will define whether or not it is truck stop. The main item that will define a truck stop is that it is within a ¼ mile of a principle arterial road, which would limit it to properties around the Hwy 52/42 interchange. Commissioner Kenninger inquired where an auto painting business would fit into major or minor auto repair. Lindahl stated that painting and collision repair would be major auto use. She also inquired if the intent of major auto is to only include passenger trucks not all truck types. Lindahl stated it should be all types. Commissioner Freeman inquired about the definitions that state that the use shall not be located near residential, for example the new senior housing complexes on South Robert Trail. Lindahl stated that the conditional use permit would address outside impact. If a new residential unit is built after the fact then it is choosing to be located near that business type. PLANNING COMMISSION REGULAR MEETING MINUTES June 23, 2015 PAGE 2 Commissioner VanderWiel clarified that all uses are conditional uses, so each case would be reviewed at time of approval and any issues could be addressed at that time. Lindahl stated that is correct. The public hearing was opened at 7:15 pm. Public comments: Dr. Kurt Hansen, owner of Rosie’s Market, is against any changes that prevents businesses from flourishing in Rosemount, including the expansion of an existing business. MOTION by Kenninger to close the public hearing. Second by Kurle. Ayes: 6. Nays: 0. Motion Passes. The public hearing was closed at 7:21 pm. Additional Comments: Planner Lindahl addresses Mr. Hanson’s concerns, he stated that the intent of these changes it to clarify some definitions and also make it easier for existing businesses to expand and grow. He also stated if these changes are adopted, then there will be no new non-conformities or restrictions created but the changes are to remove them, especially in C-4 districts. As far as the comment referring to grandfathering, State Statue states that any non-conformity created can continue, make repairs and rebuild but can’t expand unless it meets the new standards. Chair Miller wonder what the impact would be to change the wording for minor auto to remove “but are not limited to” and under Truck Stop adding “primary” into definition. Lindahl agrees with adding in “primary”, but suggestion for Minor Auto may have opposite effect. Lindahl suggested changing Minor Auto repair to state “does not include those items listed under Major Auto Repair.” Commissioner Kenninger agrees with Lindahl’s suggestion for Minor Auto. She also reminded Chair Miller that they are conditional uses and would require approval before businesses move in. Other characteristics of major auto uses like outdoor storage would force them to not meet the requirements of the C-4 district. Commissioner Henrie stated he is ok with ambiguity, things are constantly changing and it is impossible to define all uses. Commissioner Kurle agrees with Henrie’s statement. He also thought maybe adding in “standard services include” and then give a list of items might help give some clarification. Commissioner Miller asked for clarification on Auto Repair Major, he wondered if a verb is missing, need to add in repair. Commissioner Kenninger would like to see painting added into Major definition. Commissioner VanderWiel stated that when interpreted by courts look at list of uses and see if they resemble those listed. What does it look like, for example when replacing windshield wipers what use does it resemble, it would fall under minor not major. Every action can’t be identified, and it’s inevitable that someone will come in with something that doesn’t fall into the definition. 1.Motion by VanderWiel to recommend the City Council approve a zoning ordinance text amendment revising PLANNING COMMISSION REGULAR MEETING MINUTES June 23, 2015 PAGE 3 the development standards for auto related uses (automobile repair, car wash, motor fuel stations and truck stops) with amendment to the definition of truck stop, “… involving primarily the maintenance of…” Second by Henrie Ayes: 4, VanderWiel, Kurle, Henrie, Freeman. Nays: 2 Miller and Kenninger. Motion passes. Chair Miller stated his reasoning for his vote is that he wanted to add in verb “repair” under Auto Repair Major as well as adding painting under Major. Commissioner Kenninger states she wanted painting added to major also and under Minor add wording “does not include those items listed under Major Auto Repair.” 5.b. Request by The City of Rosemount for a Text Amendment Related Platting Process (15-22-TA) Planner Zweber summarized his report for the Planning Commission. Chair Miller confirmed that it would still go through the same steps and would still have the opportunity for public comment. Zweber stated that it would not change the opportunity for public comment. If adopted, the City Council could review preliminary plat and final plat at same meeting, can only approve final plat if preliminary plat is approved first. Miller also inquired if recommendations are made to conditions on the preliminary plat how would that then affect the approval of the final plat. Zweber would be reviewed as a case by case basis. If conditions don’t change the lot lines it can continue on with approval process. The public hearing was opened at 7:47 pm. Public comments: None MOTION by Kenninger to close the public hearing. Second by Kurle. Ayes: 6. Nays: 0. Motion Passes. Public Hearing closed at 7:48 pm Additional Comments: None Motion by Kenninger to recommend the City Council approve an ordinancerelating to the Subdivision Platting Requirements: Amending Rosemount City Code sections 12-2-2. Second by Henrie. Ayes: 6 Nays: 0 Motion approved. Old Business: None New Business: 7.a. Request by Arcon Development for the Approval of the Prestwick Place 12th Addition Final Plat for 31 Lots. (15-19-FP) Intern Nelsonsummarized his report for the Planning Commission. Chair Miller inquired what species of trees will be used; Intern Nelsonlisted the various types the builder is proposing. PLANNING COMMISSION REGULAR MEETING MINUTES June 23, 2015 PAGE 4 Motion by Kenninger to recommend that the City Council approve the Prestwick Place 12 Addition Final Plat, subject th to the following conditions: 1. Execution of a Subdivision Agreement. 2.Trees installed on individual lots shall be planted in a location that does not interfere with curb stops or individual sewer or water connections. 3.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. 4.Provision of $9,900 as a landscaping security. 5.Payment of $105,400 for Fee-in-Lieu of Park Dedication. 6.Compliance with the conditions and standards within the City Engineer’s Memorandum dated June 2, 2015. Second by Kurle. Ayes: 6. Nays: 0. Motion Passes. Reports: Update on Dunmore (Formerly Evermoor Place) Preliminary Plat 8.a. Senior Planner Zweber gave a brief update on the City Council’s decision on the Dunmore Preliminary Plat approval. Adjournment: There being no further business to come before this Commission, Chairperson Miller adjourned the meeting at 8:03 p.m. Respectfully submitted, Amy Roudebush, Recording Secretary