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HomeMy WebLinkAbout4.a. 20151124 PCM RMPLANNING COMMISSION REGULAR MEETING MINUTES November 24, 2015 PAGE 1 Call to Order: Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, November 24, 2015. Chair Miller called the meeting to order at 6:30 p.m. with Commissioners Kenninger, VanderWiel, Henrie, Forster, and Freeman. Commissioner Kurle was absent. Also in attendance were Senior Planner Klatt, Community Development Director Lindquist, Project Engineer Hatcher, City Administrator Johnson, and Recording Secretary Roudebush. The Pledge of Allegiance was said. Additions to Agenda: None Audience Input: None Consent Agenda: a. Approval of the October 27, 2015 Meeting Minutes MOTION by Kenninger. Second by VanderWiel. Ayes: 6. Nays: 0. Public Hearing: 5.a. Request by Eugene A. & Shirley M. Barthel, William C. Lindell, Jr., Jeremy & Racquel Sieben, and Timothy & Patricia Baker for a Preliminary Plat and Final Plat (15-46-LS) Community Development Director Lindquist summarized the staff report for the Planning Commission. Chair Miller inquired about the comprehensive plan designation for this area. Lindquist stated that it is Rural Residential and is intended to stay that way Commissioner Forester inquired if the hard surface requirements had changed since the original application. Lindquist stated she is not sure but there is a large amount of open space around each of the existing residences. The public hearing was opened at 6:37 pm. Public comments: None MOTION by Kenninger to close the public hearing. Second by Henrie. Ayes: 6. Nays: 0. Motion Passes. The public hearing was closed at 6:37 pm. Additional Comments: None Motion by Kenninger to recommend the City Council approve the Preliminary Plat request for Barthel Addition subject to conditions:  Dedication of Standard Drainage and Utility Easements around the perimeter of the four lots. Second by Forester. PLANNING COMMISSION REGULAR MEETING MINUTES November 24, 2015 PAGE 2 Ayes: 6. Nays: 0. Motion by Kenninger to recommend the City Council approve the Final Plat for Barthel Addition. Second by Forester. Ayes: 6. Nays: 0. Motion passes. 5.b. Request by Danner for a Small Scale Mineral Extraction Permit Renewal for 2016 (15-42-ME) Senior Planner Klatt summarized the staff report for the Planning Commission. Chair Miller inquired if staff has seen the dust control plan. Klatt stated that he has not but it is one of the requirements of approval. Miller confirmed that mining is currently at an elevation at of 843 ft. and that the permit allows for mining down to an elevation of 840 ft. Miller inquired about the last time staff inspected the site. Klatt stated he inspected the mine two weeks ago during active mining, storage is acceptable and previous conditions have been met. He also stated that the conditions were dry at the time of his visit and there were no signs of e rosion. Commissioner Henrie inquired if there have there been any police complaints. Klatt confirmed there hadn’t been any. The public hearing was opened at 6:48 pm. Public comments: Jerry Bachman was on hand to represent Danner Inc. Commissioner Henrie inquired about how much in this phase is left to mine. Bachman stated that they are currently in phase one and partially into phase two. He indicated it is hard to pinpoint how many years are left to mine but he estimated 10-15 years left. Chair Miller inquired if they are hitting ground water during mining. Bachman stated they have not. Miller asked if there are specific conditions of approval that they have been challenged with. Bachman stated no. He then addressed dust control which has been a cause of complaint in the past. Bachman stated that now the only dust that will occur would come off of trucks. The road has been paved with millings to reduce dust, so with watering of mine and paving of road dust has been greatly reduced. Miller stated that he would like dust control plan to be updated and submitted to staff. MOTION by VanderWiel to close the public hearing. Second by Kenninger. Ayes: 6. Nays: 0. Motion Passes. The public hearing was closed at 6:54 pm. Motion by VanderWiel to recommend the City Council renew the Danner, Inc. Small Scale Mineral Extraction Permit for 2016, subject to the terms and conditions in the attached Draft 2016 Conditions for Mineral Extraction. Second by Kenninger. Ayes: 6. Nays: 0 Motion passes. 5.c. Request by Shafer Contacting for a Small Scale Mineral Extraction Permit Renewal for 2016 (15-47-ME) Senior Planner Klatt summarized the staff report for the Planning Commission. PLANNING COMMISSION REGULAR MEETING MINUTES November 24, 2015 PAGE 3 Chair Miller inquired when the last time the property been inspected. Klatt said it was inspected about two weeks ago to check for compliance. Miller asked how the city will ensure they stay within compliance. Klatt stated that the City conducts site visits and the applicant is required to submit reporting every 6 months. An example with when they had haulback their testing found it was contaminated and they reduced their haulback and had additional testing done. This example shows that the applicant is following protocol and the review process is working. Commissioner Freeman inquired what compaction testing is and its importance. Engineer Hatcher stated that it is needed so soil won’t settle and change elevation for future building. Commissioner Kenninger inquired if there were any police reports this year. Klatt stated there were none. The public hearing was opened at 7:07 pm. Public comments: Frank Weiss was on hand to represent Shafer Contracting. Commissioner Miller inquired about dust control. Weiss stated they have also added millings on road and calcium chloride on roads within the mine, and hauled over 180,000 gallons of water for dust control. MOTION by Kenninger to close the public hearing. Second by Henrie. Ayes: 6. Nays: 0. Motion Passes. The public hearing was closed at 7:09 pm. Additional Comments: Commissioner Kenninger asked if the adjoining residents were notified and if any comments were received. Lindquist confirmed that were none. Motion by Kenninger to recommend the City Council renew the Shafer Small Scale Mineral Extraction Permit for 2016, subject to the terms and conditions in the attached Draft 2016 Conditions for Mineral Extraction . Second by VanderWeil. Ayes: 6. Nays: 0. Motion passes. 5.d. Request by Wells Concrete Production Company for an Interim Use Permit (IUP) Allowing a Concrete Casting Facility as an Ancillary Use to the Dakota Aggregates Gravel Mine in UMore Park (15-43-IUP) Community Development Director Lindquist summarized the staff report for the Planning Commission. Commissioner Forester inquired if the IUP is just for the casting plant and doesn’t have any relation to the mining permits. Lindquist stated that each use has its own conditions, separate approval, and permit. Forester inquired if the length of the entire IUP is being extended and wondered how the time period for each of the IUP’s line up. Lindquist stated that they fall within the same window of time. Commissioner Henrie inquired why the additional years were allowed beyond 10 years for the IUP. Lindquist paraphrased the ordinance, stating that anything over 10 years would be held to higher standards and has additional requirements. Staff is going to make sure the project won’t adversely affect other development goals of the city by requiring additional conditions and standards. PLANNING COMMISSION REGULAR MEETING MINUTES November 24, 2015 PAGE 4 Chair Miller inquired about the 2012 Mineral extraction permit, item seven, noting it states no casting yard past 2023. Lindquist noted that the Large Scale Mining Permit was the first approval which reflected what was intended at that time. The whole process has been evolving over many years and staff is trying to be flexible. The City could make the casting yard go away in 10 years but staff is not sure if there is a reason to do that. Miller inquired what would be the detriment in reducing the IUP to ten years instead of the requested thirty. Lindquist stated that it wouldn’t be financially feasible for the applicant to make these improvements for a 10 year time period and they most likely wouldn’t construct the plant. Miller felt the applicant should meet the zoning requirements. Lindquist stated that the applicant’s proposal already meets many of the ordinance criteria, but staff wouldn’t make them provide parking that isn’t going to be utilized, for example. In response to a question, Lindquist noted that the site plan does not comply with General Industrial standards for parking spaces, site landscaping and paving. She also stated that the building will go away in 30 years, as it is not a permitted use. Commissioner Kenninger inquired what standards are not met. Lindquist stated that paving, parking, and landscaping conditions currently aren’t met. This type of exterior storage would not be allowed in GI-General Industrial but since it is IUP it is allowed under the large scale mining section of the ordinance. Kenninger clarified that the end date for the casting yard of 2023 was on the original permit approval and asked if the 2012 IUP permit was the date an error. Lindquist stated that a 10 year casting yard was what was initially envisioned. The ordinance does allow a casting yard of a longer duration i f additional ordinance standards are met. If the Council wishes to approve the casting yard for 30 years, they should amend the 2012 approved resolution. Commissioner Forester inquired about future sight lines; this building is 40 ft. high and how it matches up with the other IUP’s and wondered if the berm needs to be adjusted for future development to the north. Lindquist stated that the berm could be raised if needed. She also stated that the building meets the ordinance criteria for materials and would sit below sight lines. The current cement plant is higher than prosed building. The public hearing was opened at 7:42 pm. Public comments: Sam Messius from Wells Concrete was on hand for questions. He stated that tree preservation will follow the city policy. He also addressed hours of operation, most shifts run 5:00 am to 4:00 pm. They have never done 24 hour production, mostly single shift operation and rarely on weekends. He also talked about extending the IUP to 30 years, the fear is what would happen if permit isn’t renewed and the financial implications that would cause. Chair Miller inquired about waste water for the cement processing. Messius stated that the waste water would be collected internally in a pit then pumped into a truck and disposed of at the Cemstone’s facility. He stated that there would be a small amount of waste water. Miller also inquired about the willingness to meet the ordinance requirements. Messius stated that they have positive relationships in all of the other communities where their business resides. He feels that the extended timeframe is necessary. Miller stated that he feels a 30 year IUP is extreme and it is reasonable for the City to set expectations that need to be met. Commissioner Forester inquired what happens in 18 years if economy turns down again, and the yard become stagnant. Messius stated that yard will not sit full of material, each item is made specific to each job. During the last downturn staff was reduced but there was enough activity to keep the facility operational. Rick Cook, 14665 Biscayne Way, commented on the quick response time by Ms. Lindquist and Councilmember Nelson to address his complaint of shaking in his house at 9:40 pm. He speculated that maybe it was the compaction of soil associated with the activity on the north end of the mine ; but if ongoing issue then he would like it to looked into. MOTION by Kenninger to close the public hearing. Second by Henrie. PLANNING COMMISSION REGULAR MEETING MINUTES November 24, 2015 PAGE 5 Ayes: 6. Nays: 0. Motion Passes. The public hearing was closed at 7:55 pm. Additional Comments: Chair Miller would like a few items reviewed, first he would like Mr. Cook’s concerns to be addressed. Lindquist stated that it does not relate to the casting yard discussion but will be investigated and any issues will be raised during review o f Dakota Aggregate’s Annual permit renewal. Miller stated again that he is still struggling with the 30 year timeframe and wondered what additional requirements should be added. Lindquist stated that zoning doesn’t limit the IUP to 10 years but would require additional building standards. And the proposal meets those additional conditions. Specific items would not be met if it was rezoned GI, hard surfacing, parking, and landscaping. Tree preservation and replacement is in exchange for landscaping requirements; also there are significant tree plantings around the entire mining area. The p ublic can’t access the building so there is no reason to enforce a landscaping plan; berming is already in place for screening. The Commission could ask for more landscaping on the northern berm instead of around building. Commissioner Kenninger noted that one of the conditions listed states that the City could require additional landscaping at the applicant’s expense if development did occur. Commissioner Forester inquired if the IUP is approved for 30 years that the commission won’t see this item again for 30 years. Lindquist stated if the situation changes dramatically the city could revoke the IUP. She also stated that there are some clearly defined trigger points that would invoke the end of the IUP. Commissioner Kenninger again confirmed the items that weren’t met were landsca ping, parking and paving. Lindquist stated that paving is addressed in the City engineer’s memo. She also stated that the parking isn’t a concern for staff as there is enough room on site should additional parking be needed . 1. Motion by Kenninger to recommend the City Council approve an Interim Use Permit (IUP) allowing a concrete casting facility as an ancillary use to the Dakota Aggregates gravel mine in UMore Park, subject to the following: a. Approval of a building permit. b. Conformance with and annual renewal of the Dakota Aggregates large scale mineral extraction permit as related to operations and screening of the site and business. c. Wells Concrete Production Company is permitted to utilize the designated Akron Avenue corridor for a casting yard until such time as the roadway will be installed. Upon notification, Wells Concrete Production Company, at its own cost shall remove the casting yard and any other improvements out of the Akron Avenue corridor. Further, screening which could include a berm and landscaping will be installed at the owner’s expense to screen the use from public views. d. Submission of a tree preservation plan consistent with ordinance requirements prior to City Council review. The replacement plan may include future installation of trees along the future Akron Avenue upon installation of the roadway. e. Wall signage shall be approved though a separate administrative permit. f. Submission of a lighting plan detailing the fixture type and photometric pattern for all exterior lighting. g. Submission of a narrative or plans that demonstrates trash will be stored within the building or in a trash enclosure consistent with Section 5-1-3. h. The casting yard may operate 24 hours a day, 7 days a week as anticipated in the initial large scale mining permit. However, if noise complaints are received from existing residents or residents in the future, as development occurs, the City will amend the existing IUP to decrease hours of operation to address stated concerns. i. The proposed Individual Sewage Treatment System (ISTS) shall be approved by the Building Official PLANNING COMMISSION REGULAR MEETING MINUTES November 24, 2015 PAGE 6 through a separate administrative permit. j. Conformance with all requirements of the City Engineer as detailed in the attachment memo dated November 19, 2015. k. Additional landscaping trees added to the northern berms. Second by Freeman. Ayes: 6. Nays: 0. Motion passes. Old Business: None New Business: 7.a. 2016 – 2025 City of Rosemount Capital Improvement Plan Senior Planner Klatt summarized the staff report for the Planning Commission and explained that the Planning Commissions charge was to examine the CIP and vote as to whether it was in compliance with the adopted Comprehensive Plan. City Administrator Johnson gave a brief review of the physical and financial plan of the city for 2016-2025. He stated that the plan is updated every year, with the current focus mostly on Park & Rec projects and the need for an indoor recreation facility. He stated there are three major road improvements planned; 42/52 interchange, Akron Ave extension north into Inver Grove Heights, and widening of McAndrews Road to add a center turn lane. He also mentioned a handful of water projects in the near future. The Capital Improvement Plan provides for the possibility of these types of things and the need to be ready when the time is here. Chair Miller inquired if the water treatment plant is for drinking water. Johnson confirmed that it is for drinking water, most of the time water needs to be treated for iron and manganese, and although there are no known health concerns related to those items they affect water quality for some residents. Miller also inquired about the possibility of w ater draw from Mississippi, whether the water treatment plant should be designed to treat surface water vs. ground water. Johnson stated that the Met Council hasn’t mandated whether the City will be able to use ground water or surface water at this time but there are multiple ways to address this situation. Miller also noted the possibility of using water from the Umore pond that is to be made. Miller also asked for clarification on line items regarding recreational facilities and squad cars. Miller mentioned the need for a traffic light at Diamond Path and Connemara Trail. Johnson stated staff has met with county engineers and they are also considering a roundabout, but no decisions have been made as yet. County officials did indicate the intersection doesn’t warrant a traffic light at this time. Commissioner Kenninger inquired what improvements are proposed at the Steeple Center. Johnson stated the improvements are for the older existing building for tuck pointing and the addition of air conditioning. Kenninger brought up concerns about lighting at the community center parking lot, being too dark at night, and wondered if there are any plans to improve lighting. Johnson said he will relay that concern to the Parks and Recreation Director. Commissioner Henrie inquired how the items listed align with the city initiatives, specifically Downtown revitalization. Johnson stated that in the past few years there have been many projects related to the Downtown; library, steeple center, senior housing, transit center, and splash pad to name a few. Henrie stated he has seen what has been done but doesn’t really see anything in the future plans for the next 10 years. Johnson stated that usually projects are in the CIP that need to happen or likely happen but the City is still looking ahead at those types of projects even though they aren’t listed in the CIP. Commissioner Forester inquired if there is a budget for the CIP. Johnson stated some items are predictable but many are not. For example there was not a major paving project this year because the city is preparing for a larger project on Danbury Way next year. Commissioner Kenninger inquired about the 1.2 million slated for indoor recreation. Johnson stated it will most likely be for planning, design or site acquisition. It is not enough for a building but a partnership with another organization. PLANNING COMMISSION REGULAR MEETING MINUTES November 24, 2015 PAGE 7 Commissioner VanderWiel inquired about how the MSA funds are allocated, is it pro ject specific or can the city allocate at their discretion. Johnson stated it is a bit of both, but the city won’t receive the funds until a project is specified. Twenty percent of city roads can be designated towards MSA funding along with meeting specified criteria. Those are the projects that would fall under the MSA column. VanderWiel also confirmed that the 42/52 interchange project is partially funded by the County. VanderWiel also inquired what is comprised of in the other fund category. Johnson stated that in this case the other fund would be the County portion of the project. Commissioner Kenninger inquired if fund for the 42/52 interchange is only for design or the execution of the entire project. Johnson stated that the plans and construction costs are spread over a few years and the city portion will be about 3 million. Motion by Forester to find the 2016 - 2025 Capital Improvement Plan in Compliance with the Rosemount Comprehensive Plan. Second by VanderWiel Ayes 6. Nay 0. Reports: Community Development Director introduced new Senior Planner Kyle Klatt. Dates for the December meeting were also confirmed. Chair Miller noted that there has been a lot of construction material from the Activity Center/Senior Housing project tracking unto Hwy 3. Adjournment: There being no further business to come before this Commission, Chairperson Miller adjourned the meeting at 8:35 p.m. Respectfully submitted, Amy Roudebush, Recording Secretary