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PLANNING COMMISSION REGULAR MEETING MINUTES
August 25, 2015
PAGE 1
Call to Order:
Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, August
25, 2015. Chair Miller called the meeting to order at 6:30 p.m. with Commissioners Kenninger, Forster, Kurle, Henrie,
and Freeman. Commissioner VanderWiel was absent. Also in attendance were Planner Lindahl, Public Works Director
Wrase, and City Clerk Hadler.
The Pledge of Allegiance was said.
Additions to Agenda:
None
Audience Input:
None
Consent Agenda:
a.Approval of the July 28, 2015 Meeting Minutes
MOTION by Kenninger.
Second by Forster.
Ayes: 5. Nays: 0. Abstain: Henrie
Public Hearing:
5.a. Request by Danner for a Small Scale Mineral Extraction Permit Renewal for 2015.(15-25-ME)
Planner Lindahl summarized the staff report for the Planning Commission. The property is located east of Highway 52
and south of 42. The site has been mined in multiple phases. approximately 40,000 tons of material was extracted last
year. Soil tests have been done and meet standards. Research by staff indicates no complaints to the police department. A
site inspection found the applicant was storing dumpsters on the property in violation of Condition P for the mineral
extraction permit. Commissioner Kenninger inquired whether there was activity during the time that the permit had
lapsed. Lindahl stated that there had been until staff had contacted them regarding the permit lapse and they stopped
operating after that.
Commissioner Kenninger asked about the insurance certificate dates. Lindahl indicated that is a typo and staff will correct.
Commissioner Kurle inquired whether the mining would stay in the area indicated. Lindahl stated that the permit limited
mining to Phase One and the eastern half of Phase Two.
Chair Miller inquired if there were any changes from the earlier permit. Lindahl stated there were not.
The public hearing was opened at 6:39 pm.
Public comments:
The applicant, Jerry Bachman, 880 Casper Way Heights, Inver Grove Heights, working for Danner Incorporated. Mr.
Bachman represents the applicant and apologized for the delay in the application. Commissioner Miller asked Mr.
Bachman what steps would be taken to maintain compliance by Danner Inc. Mr. Bachman stated that he has spoken
with staff already regarding the 2016 permit and has spoken with the bond, insurance and testing companies, as well.
Commissioner Kenninger asked about the dumpsters being stored there and whether they would definitely be removed
this week. Mr. Bachman stated they would.
MOTION by Kenninger to close the public hearing.
Second by Kurle.
PLANNING COMMISSION REGULAR MEETING MINUTES
August 25, 2015
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Ayes: 6. Nays: 0. Motion Passes.
The public hearing was closed at 6:43 pm.
Additional Comments:
Commissioner Miller inquired about the dust control plan. Lindahl stated the plan from last year remains in effect and
there have been no dust related complaints about the property.
Commissioner Miller inquired about adding the condition that a plan for dust control will be implemented and
maintained. Mr. Lindahl stated that this was standard language, but if the commission wished, they could recommend
that to the City Council. Mr. Bachman stated they did repave the road recently and this work decreased the dust
significantly.
Motion by Kenninger to recommend the City Council renew the Danner Small Scale Mineral Extraction Permit for
2015, subject to the terms and conditions in the attached Draft 2015 Conditions for Mineral Extraction, with
modification to O, changing the dates to read January 1, 2015, to July 31, 2016, and modification to item H to change
stst
the first sentence to “plans for dust control to be implemented and subject to approve by the City”.
Second by Kurle.
Ayes: 6. Nays: 0. Motion passes.
5.b. Request by Minnesota Education Trust for a Comprehensive Guide Plan Amendment, Rezoning, and
Conditional Use Permit.(15-29-CUP, 15-30-RZ, 15-31-CPA)
Planner Lindahl summarized the staff report for the Planning Commission. The item includes three applications;
comprehensive guide plan amendment to reguide from Regional Commercial Use to Business Park use, rezoning to BP-
Business Park, and conditional use permit to allow for church or place of worship use. The property is located south of
County Road 42 on Robert Street. The property was constructed as a bowling alley in 1961 and remained as such until
2012, when it was put up for sale. The land use was changed in 2014 to Regional Commercial. The application, Minnesota
Education Trust, would make the property available to the Muslim American Society of Minnesota, who will operate a
mosque on the property. The applicant plans to repurpose the property in two phases. Phase One would be the offices, a
prayer room and restrooms. Phase Two would begin approximately one year from occupancy and include meeting rooms,
kitchen facility and a multi-purpose room.
The primary use of the property would be the conditional use as a church/place of worship. The other uses listed would
be typical secondary uses associated with a church.
Mr. Lindahl indicated that the change to the Comprehensive Plan requires notification to surrounding communities. The
city received responses from the cities of Eagan, Apple Valley, Lakeville, and Nininger Township, as well as School
Districts 196 and 200, none of which stated any concerns. The change to the Comprehensive Plan must also be approved
by the Metropolitan Council.
Mr. Lindahl explained the rezoning assessment criteria. He pointed out that the non-conforming items would continue to
be non-conforming under either the existing or proposed zoning; including the building standards around architectural
details, utilities, and pedestrian access, and the applicant does not have plans to change these. In addition, parking
standards would create a maximum occupancy in the largest prayer room, and the applicant is aware of this.
PLANNING COMMISSION REGULAR MEETING MINUTES
August 25, 2015
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Mr. Lindahl explained the conditional use permit assessment criteria. Staff has asked the applicant to make some changes
to improve the property to decrease the nonconformities at the site. The applicant does not plan any exterior facility
improvements other than paint, landscaping and addressing staff recommendations.
Chair Miller inquired about whether the applicant could put up a fence between their property and the railroad or if this
would trigger additional improvements to make the property conform with current standards. Mr. Lindahl responded
fences are an administrative permit approval process and wouldn’t cause the applicant to make any additional
improvements.
Chair Miller asked if the property was purchased already. Mr. Lindahl stated he believed there was a purchase agreement.
Chair Miller asked about parking and what the maximum occupancy would be. Lindahl stated this would be 630 people
and based an estimate of seating. An occupancy load relative to the square footage would also be in place.
Commissioner Henrie stated he had concerns about traffic and there should be a traffic study conducted. Lindahl stated
the City had discussions with MnDOT regarding access to sites along Highway 3 and the City Engineer could do an
analysis.
Commissioner Kenninger asked about whether there would be a fire suppression system required. Mr. Lindahl stated the
building code would generally require this based on the assembly use, but will be based on occupancy. Staff has had
preliminary discussions with the architect and the applicant is aware of this.
Commissioner Kenninger clarified that the parking determined the number of seats in the largest room, but there are two
large rooms. Mr. Lindahl stated that the parking standard is based on the amount of seating of the largest room.
However, the total occupancy of the entire building would be addressed through the building code. The layout of this
building is similar to other churches, and staff has not noted parking issues at other churches.
Commissioner Kenninger inquired if there were other properties available in the community that were already zoned
correctly for this use. Mr. Lindahl said the Commission could ask the applicant about their site search.
Commissioner Freeman inquired about standard 5 regarding noise and whether the applicant planned to utilize the “call to
prayer”. Lindahl stated that the city does have standards regarding noise that would prohibit noise being audible from
neighboring properties. The applicant indicated they do not plan to have any outside noise/sound system.
Commissioner Kenninger inquired about signage along the road or monuments. Mr. Lindahl stated there was an existing
ground sign. Current standards require for a masonry sign, but these would only be in effect if the sign was expanded.
Commissioner Forster inquired about lighting in the parking lot. Mr. Lindahl explained there is a requirement to
improve that lighting on the exterior of the building.
The public hearing was opened at 7:27 pm.
Public comments:
Dean Beeninga, Architect, 8501 Golden Valley Road, gave some background on the project.
Asif Rahman, President of Minnesota Education Trust, introduced himself.
Commissioner Miller asked of Mr. Beeninga about the age of the building and risks associated with the building
improvements. Mr. Beeninga responded they have not researched this extensively at this point, but this is something the
client should be aware of the possibility, though he didn’t expect to see many problems based on the structure.
PLANNING COMMISSION REGULAR MEETING MINUTES
August 25, 2015
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Commissioner Miller asked Mr. Rahman about the parking issue and the typical attendance. Mr. Rahman stated a large
festival recently drew approximately 200 people.
Commissioner Forster inquired about the site being isolated and asked the applicant if he expected anyone to walk to
service. Mr. Rahman stated most people drive.
Commissioner Henrie inquired about the motivation for this particular property and rezoning versus a property that is
already zoned properly. Mr. Rahman stated this was the only property that met their needs for budget and location after
searching for a year. Commissioner Kenninger inquired what area they were looking at. Mr. Rahman stated that this is a
Rosemount congregation. Commissioner Kenninger inquired if they had concerns about noise from the trains. Mr.
Rahman stated they do have one other facility near train tracks and they have not had complaints.
Commissioner Forster inquired about replacement of rooftop units and whether they would need to be screened. Mr.
Beeninga stated he believed the existing units are in good condition and they are already screened. They would probably
simply add units if needed. Mr. Lindahl stated he also recalls existing screening, but staff can confirm this as the process
moves forward. The addition of units would require them to be screened, but would not trigger the other standards for
improvements to the exterior of the building.
MOTION by Kenninger to close the public hearing.
Second by Kurle.
Ayes: 6. Nays: 0. Motion Passes.
The public hearing was closed at 7:41 pm.
Additional Comments:
Commissioner Forester inquired if adding egress would trigger architectural improvements. Lindahl stated it would not.
Chair Miller inquired if staff had provided information to the applicant about credits that might be available for
mechanical improvements.
1.Motion by Kenninger to recommend the City Council approve a Comprehensive Plan Amendment changing
the future land use designation of the property located at 15400 South Robert Trail from RC – Regional
Commercial to BP – Business Park, subject to approval of the Comprehensive Plan Amendment by the
Metropolitan Council.
Second by Henrie
Ayes: 6. Nays: 0. Motion passes.
2.Motion by Kenninger to recommend the City Council approve rezone the property at 15400 South Robert
Trail from C-4, General Commercial to BP-Business Park subject to approval of a comprehensive plan
amendment by the City and Metropolitan Council.
Second by Henrie
Ayes: 6. Nays: 0. Motion passes.
3.Motion by Kurle to recommend the City Council approve a conditional use permit (CUP) for 15400 South
Robert Trail to allow establishment of a church/place of worship, subject to conditions A-J with the additional
recommendation that City Council recommends a traffic study.
A.The conditional use permit allows the primary use of the building as a church/place of worship. The site
may also be used for Friday prayers, daily prayers, Sunday school, community lectures, youth activities,
weddings and community parties, food shelf and free clinic on an occasional or periodic basis typical of
PLANNING COMMISSION REGULAR MEETING MINUTES
August 25, 2015
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other churches/places of worship. The BP – Business Park zoning does not permit use of the subject
property as a school.
B.The occupancy load of the building’s largest room (the prayer room) shall be limited to accommodate the
parking requirements for churches/places of worship (1 stall/3 seats in the largest assembly room). As a
result, occupancy of the largest room (the prayer room) shall be limited to 630 people (210 existing
parking stalls multiplied by 3 = 630 people). It should be noted that an occupancy load of more than 500
people will require an additional exit from this room and additional restroom.
C.The applicant shall restripe the parking lot, remove the debris and replace the gravel section of the parking
along the east side of the building with bituminous prior to issuance of a certificate of occupancy. The
parking lot shall include the required number and size of handicapped parking stalls.
D.The applicant shall apply for both Water Availability Charge (WAC) and Sewer Availability Charge (SAC)
determinations through the Metropolitan Council and pay any required fees prior to issuance of a building
permit.
E.The applicant shall update the exterior lights to conform to current requirements and remove the obsolete
satellite dish equipment at the northwest corner of the building prior to issuance of a certificate of
occupancy.
F.The subject property does not conform to some of the Site and Building standards of the BP – Business
Park district (architectural appearance, building massing, pedestrian circulation, landscaping and
underground utilities). Under state law these items are allowed to continue but shall not be expanded
without meeting the current zoning standards.
G.Painting or changes to the exterior of the building shall conform to the Architectural Appearance
standards outlined in Section 11-4-15.G.1 which state the building shall have a similar appearance on all
four sides. Non-earth tone colors shall be limited to architectural accents and the color of the non-brick
or stone portion of the building shall match the predominant brick or stone color.
H.The applicant shall revise the landscape plan to meet the standards detailed in Section 11-6-3 of the City
Code and focus landscape improvement along the south and west sides of the property.
I.The existing trash enclosure shall be operated and maintained in conformance with the standards outlined
in Section 5-1-3.
J.The subject property shall comply with all the requirements of the Fire Marshal which may include
installation of a fire suppression system.
K.The City Council review possible traffic congestion studies on Highway 3 with the addition of this place
of worship.
Second by Kenninger
Ayes: 6. Nays: 0. Motion passes.
Old Business:
None
New Business:
Reports:
Mr. Lindahl stated the Planning Commission would be invited to the Dakota Aggregates Open House and the meeting
will be posted to meet open meeting laws.
Commissioner Kenninger inquired about a tour of the Schaffer mining site and whether Mr. Lindahl could arrange that.
Mr. Lindahl indicated he had been in contact with the applicant and this would be coordinated with them.
Commissioner Kenninger reported she had attended the Dakota Aggregates Open House last year and it was a good
event.
Adjournment:
There being no further business to come before this Commission, Chairperson Miller adjourned the
meeting at 7:48 p.m.
PLANNING COMMISSION REGULAR MEETING MINUTES
August 25, 2015
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Respectfully submitted,
Clarissa Hadler, Recording Secretary