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HomeMy WebLinkAbout4.b. 20161219 PCM RMPLANNING COMMISSION REGULAR MEETING MINUTES DECEMBER 19, 2016 PAGE 1 I. Regular Meeting Call to Order: Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Monday, December 19, 2016. Chair Kenninger called the meeting to order at 6:30 p.m. with Commissioners VanderWiel, Freeman, Clements, Mele, and Forster. Commissioner Henrie was absent. Also in attendance were Community Development Director Lindquist, Senior Planner Klatt, Planner Nemcek, Project Engineer Hatcher, and Recording Secretary Roudebush. The Pledge of Allegiance was said. Additions to Agenda: None Audience Input: None Consent Agenda: a. Approval of the November 22, 2016 Meeting Minutes. MOTION by Forster. Second by Mele. Ayes: 6.Nays: 0. Public Hearing: 5.a. Request by Dakota Aggregates, LLC for annual renewal of a Large Scale Mineral Extraction Permit for 2017.(16-64-ME) Senior Planner Klatt gave a brief summary of the staff report. Commissioner Clements inquired about the on-site berming and whether the berming been part of the plan since the beginning and why it is needed here vs. other mines within the city. Lindquist stated that the length of mining is longer and to protect existing and future residential development. The public hearing opened at 6:59 pm. Public comments: Shaun Nelson, 14388 Bentley Way, stated he appreciates the business and taxes that Dakota Aggregates brings to the city but he has issues with the 24/7 operation, and associated noise and dust from the mining activities. He is also concerned that Dakota Aggregates is paying for the sound study and that could sway the results in their favor. He also stated that Dakota Aggregates ampaigns. Commissioner Clements inquired what a reasonable operating time would be. Nelson stated between 10 pm and 6 am there should be no activity. He indicated that Dakota Aggregates has done a good job addressing his concerns but there is still an issue of noise at random times. Shaun Dahl, Representative from Dakota Aggregates, stated that Dakota Aggregates did an extensive study on noise, moved equipment, and doubled the size of berms to address the noise issue. Only one noise complaint was received in the past year. They have invited Mr. Nelson to the site on several occasions to address the noise. He noted it is insulting to have their qualified consultant questioned about his integrity; they paid the consultants lots of money because it was necessary for Dakota Aggregates to continue their mining. They only have seven months of the year to get all their work done so they need 24/7 to get the work done in a limited time. Commissioner Clements wondered if the sound issues have been reduced or have people given up on complaining. Mr. Dahl stated that they have made dramatic improvements to identify issues and correct sound issues. They want to be a good member of the community and they have done what they needed to keep their permit. PLANNING COMMISSION REGULAR MEETING MINUTES DECEMBER 19, 2016 PAGE 2 Chair Kenninger inquired when they start mining. Mr. Dahl stated usually in start in April, they need the water to stop freezing. The need for 24-hour production is driven by customers needing nighttime delivery of product, and it is safer and less traffic at that time. MOTION by VanderWiel to close the public hearing. Second by Clements. Ayes: 6. Nays: 0. Motion Passes. The public hearing closed at 7:13 pm. Additional Comments: Commissioner VanderWiel asked to see the sound study that was done after the consultants recommendations and changes were made on the site, and asked if the study was done during the month of July. Klatt indicated this is the only study that the city has been given so he assumes it was for the times noted. Chair Kenninger inquired if there could be an ongoing sound study. Klatt stated that the information provided is what staff would anticipate as part of the condition of approval. More discussion should occur about when and where the sound monitor would be placed. Kenninger inquired if it could it be put in residential area. Klatt said it could but not sure how long and when the study should occur. Commissioner VanderWiel inquired what the size of the notice area was this year, and has any of the residents who complained last year had any complaints. Lindquist stated the notice area was larger than what is required, similar to the larger notice sent last year, and the City has not heard from anyone in the Enclave neighborhood this year. Commissioner Forster wondered how the decibel standards are determined. Klatt stated the PCA sets the requirements. The level can go above the decibel level but only for a specified amount of time. Forester asked if the example shows only mining sounds or does it also include CR 42 traffic noise as well. Klatt stated it is both and reminded the Commission that background noise usually is louder than any noise at the mine and even though you can hear some mining noise that necessarily mean that it is exceeding the standards. Chair Kenninger inquired about the white areas on the sound study when the site runs 24 hours. Klatt stated that the mine was shut down due to severe weather. Motion by Forster to recommend the City Council renew the Dakota Aggregates Large Scale Mineral Extraction Permit for 2017, subject to the terms and conditions in the attached 2017 Draft Conditions for Mineral Extraction Permit Second by Mele. Ayes: 6. Nays: 0. Motion Passes. 5.b. Request by Stonex, LLC/Vesterra, LLC. for annual renewal of a Small Scale Mineral Extraction Permit for 2017. (16-59-ME) Community Development Director Lindquist gave a brief summary of the staff report. Public Comment opened at 7:24 pm. Public comments: None MOTION by Clements to close the public hearing. Second by VanderWiel. Ayes: 6. Nays: 0. Motion Passes. The public hearing closed at 7:25 pm. Additional Comments: None PLANNING COMMISSION REGULAR MEETING MINUTES DECEMBER 19, 2016 PAGE 3 Motion by Clements to recommend the City Council renew the Vesterra, LLC and Stonex, LLC Small Scale Mineral Extraction Permit for 2017. Second by Freeman. Ayes: 6. Nays: 0. Motion Passes. 5.c. Request by Shafer Contracting Co., Inc. for annual renewal of a Small Scale Mineral Extraction Permit for 2017.(16-63-ME) Community Development Director Lindquist gave a brief summary of the staff report. Commissioner Clements inquired what would the trigger amount be for requiring haulback testing. Lindquist stated there was insignificant amount of cubic yards in the past 3 years but the City would require an analysis once haulback gets to around 10,000 cubic years range. In 2012 and 2013, compaction testing was completed in those years. Chair Kenninger inquired if the City would require the testing next year, even if they did not reach 10,000 cubic yards. Lindquist stated they probably would not. Commissioner Clements asked why the testing is done. Lindquist stated that testing protects residents of future development in that area, the City wants to make sure the site will be available for future development and is not negatively impacted by the mining activity. The public hearing opened at 7:32 pm. Public comments: None MOTION by Clements to close the public hearing. Second by VanderWiel. Ayes: 6. Nays: 0. Motion Passes. The public hearing closed at 7:25 pm. Motion by Clements to recommend that the City Council renew the Shafer Small Scale Mineral Extraction Permit for 2017, subject to the terms and conditions in the attached Draft 2017 Conditions for Mineral Extraction. Second by Forster. Ayes: 6. Nays: 0. Motion Passes. 5.d. Request by Carl Bolander and Sons for a Small Scale Mineral Extraction Permit.(16-66-ME) Community Development Director Lindquist gave a brief summary of the staff report. Chair Kenninger noted that the dates on items O. & P. need to be updated. Commissioner Forster inquired about the surety. Lindquist stated the surety provided by SKB from last year would be held longer to ensure compliance with the approved reclamation plan. This change will be brought before the Commission next month. Chair Kenninger confirmed that if the reclamation is not done by next year the City of Rosemount can cash and use to complete the project. The public hearing opened at 7:43 pm. Public comments: None MOTION by Mele to close the public hearing. Second by Forster. Ayes: 6. Nays: 0. Motion Passes. The public hearing closed at 7:43 pm. PLANNING COMMISSION REGULAR MEETING MINUTES DECEMBER 19, 2016 PAGE 4 Motion by Mele to recommend that the City Council renew the Shafer Small Scale Mineral Extraction Permit for 2017, subject to the terms and conditions in the attached Draft 2017 Conditions for Mineral Extraction with the amended to change dates on items O. 5 to January 1, 2017 to July 31, 2018 and item P. January 1, 2017 to July 31, 2018. Second by Clements. Ayes: 6. Nays: 0. Motion Passes. 5.e. Request by Flint Hills Resources for site plan review of an Ammonium Thiosulfate (ATS) Storage and Load Out Facility. (16-24-SP) Planner Nemcek informed the Commission that this item is continued to the January 24, 2017 Commission meeting in order to have additional time to review the application. The public hearing opened at 7:46 pm. Public comments: None MOTION by Clements to continue the public hearing to the January 22, 2017 meeting. Second by VanderWiel. Ayes: 6. Nays: 0. Motion Passes. 5.f. Request Pine Bend Paving, Inc. to renew their interim use permit to continue asphalt hot mix production and aggregate recycling on the site. (16-58-IUP) Planner Nemcek gave a brief summary of the staff report. Commissioner Forster was concerned that the IUP expires at the end of the year. Nemcek stated that they are not in operation at this time of year. The public hearing opened at 7:51 pm. Public comments: None. MOTION by VanderWiel to close the public hearing. Second by Freeman. Ayes: 6. Nays: 0. Motion Passes. The public hearing closed at 7:52 pm. Motion by Forster to recommend that the City Council approve an Interim Use Permit for Pine Bend paving subject to: 1. Conformance with the standards of the Asphalt Plant Interim Use Permit of the Zoning Code Section 11-4-16 E. 2. Additional berming and/or screening shall be installed if the existing rail spur is used to deliver aggregate and additional stockpiling occurs north of the asphalt plant. 3. A minimum of one six-foot tall coniferous tree is planted every 20 feet along the top of the berm. 4. The expiration date of the IUP will be December 31, 2021; any extension must be approved by the City Council. Second by Mele. Ayes: 6. Nays: 0. Motion Passes. 5.g. Request by City of Rosemount a zoning ordinance text amendment to allow dynamic signs within the DT- Downtown Zoning District and to change the size of the dynamic portion allowed on a sign. (16-52-TA) Planner Nemcek gave a brief summary of the staff report. Commissioner Mele inquired when the sign brightness was adjusted. Nemcek stated it was the same day the email was sent to the Commissioners. PLANNING COMMISSION REGULAR MEETING MINUTES DECEMBER 19, 2016 PAGE 5 Commissioner Clements wanted to know if the city was not following the rules how do we enforce that others are compliant. Nemcek stated that in permitting process staff will call out those requirements to the applicants. Clements also asked how the city determined it was outside the standards. Nemcek stated the sign was initially on the default setting and staff can now go into the software and change the settings. Chair Kenninger feels it would be beneficial to add the brightness requirements to the sign permit. Commissioner Mele questioned about the display time of five minutes. Nemcek stated that time and temperature could be changed every 3 seconds all others would follow the five-minute rule. The intent is so the sign is not be distracting for drivers. Commissioner Freeman stated she can see a significant difference in the sign since the change. Chair Kenninger appreciates the investigation done and agrees that the there is a noticeable difference in the sign brightness. The public hearing opened at 8:03 pm. Public comments: None MOTION by Freeman to close the public hearing. Second by Clements. Ayes: 6. Nays: 0. Motion Passes. The public hearing closed at 8:03 pm. Commissioner VanderWiel opposes introduction of dynamic signs in the Downtown, as it is not consistent with preserving the feel of the Downtown. She also feels that there are many other ordinances that are hard to enforce but the city feels that they are needed the benefit of the residents. It would be easier to enforce monocratic vs. brightness. Only one of the 10 cities reviewed allows signs in their downtown and it would seem reasonable to not allow dynamic signs within the small four-block area. She does not believe dynamic signs are consistent with the types of business we are trying to bring into the downtown area. Commissioner Clements feels that the most historic building is the Steeple Center and it already has a dynamic sign. He is in favor of monochromic signs. He also feels that dynamic signs look better than signs that have not been updated in some time. Commissioners Kenninger and Forster are in favor of monochromatic signs also. Commissioner Mele is in favor of colored signs, he can understand that it could be overwhelming but there are only a few at this point. we are like other historic cities, like some of the communities mentioned by staff. Commissioner Freeman be against colored signs but would prefer monochromatic because it is harder to enforce that a sign is too garish. Motion by Mele to recommend Approval of the Text Amendment to the City Council as written. Second Motion by Forster to recommend Approval of the Text Amendment to the City Council with the modification of item 10 to be monochromatic within the downtown district. Second Clements. Ayes: 4. Nays: 2 Mele and VanderWiel. Motion Passes. 5.h. Request by City of Rosemount for a zoning ordinance text amendment to modify the sign requirements in the PI-Public Institutional zoning district. (16-67-TA) PLANNING COMMISSION REGULAR MEETING MINUTES DECEMBER 19, 2016 PAGE 6 Planner Nemcek gave a brief summary of the staff report. Commissioner Clements inquired if is any of the Downtown area zoned public institution. Nemcek stated there are no parcels zoned public institutional in the Downtown area. Commissioner Forster confirmed that height is still limited but width can increase. The public hearing opened at 8:21 pm. Public comments: Richard Carrington, representing Our Saviors Lutheran Church, inquired if the size of letters for their sign can increase. Nemcek stated it would allow more words on the sign; letter would stay the same size. MOTION by Forster to close the public hearing. Second by Clements. Ayes: 6. Nays: 0. Motion Passes. The public hearing closed at 8:23 pm. Motion by Clements to recommend Approval of the Text Amendment to the City Council. Second by Freeman. Ayes: 6. Nays: 0. Motion Passes. 5.i. Request by City of Rosemount to Rezone Rosemount City Hall to Downtown Planned Unit Development (DT PUD) and final site and building plan. (16-65-TA) Planner Nemcek gave a brief summary of the staff report. Chair Kenninger inquired how the previous recommendation for monochromatic signs affects this approval. Nemcek noted that the PUD would allow the color. Commissioner Forster inquired if the City is setting a bad example by allowing this to be larger. Nemcek stated there is a separate sign standard for public institutional than the downtown district. Commissioner Clements stated he is not in support of this change. Commissioner VanderWiel feels the placement is more in your face and in a dark location that will be more noticeable. She suggested something similar to Burnsville, who has just an amber light. packet looks professional and the Steeple Center sign is hard to read. She is not in favor of the color. Commissioner Mele inquired what information will be posted this on sign. Lindquist stated that the sign would be used to provide info to the public about what is going on at city hall and central park. There is a feeling that citizens aware of where events are being held. Commissioner Forster is taken back by the size as well as the color. Commissioner VanderWiel feels five lines of text would be too much, she also feels that citizen and businesses w the distinction between downtown and city hall. Commissioner Clements feels that the City needs to set the example, not separate standards for city hall signs or PI. The public hearing opened at 8:42 pm. Public comments: None. MOTION by Clements to close the public hearing. Second by Freeman. PLANNING COMMISSION REGULAR MEETING MINUTES DECEMBER 19, 2016 PAGE 7 Ayes: 6. Nays: 0. Motion Passes. The public hearing closed at 8:42 pm. Commissioner Clements inquired if the need for the PUD is the sign. Nemcek stated the reason for the PUD is that the site would be nonconforming in the PI district. The entire city hall site was looked at as a complex vs. separate parcels, which is how it is currently zoned. Chair Kenninger questioned if rezoning is necessary if the sign standards are consistent with what was approved for Downtown. Commissioner Forster is torn and wondered if there would be any value in further researching the size of the sign. Commissioner VanderWiel feels that the placement of city hall is unique and might not find another example elsewhere, which would be like Rosemount. Commissioner Mele feels they need to follow the monochromatic sign recommendation that the Commission just recommended. Chair Kenninger feels sign should be the same in size and monochromatic coloring. Motion by Mele to deny the rezoning of the City Hall campus to Downtown Planned Unit Development (DT PUD) Master Development Plan and approve final site and building plan. Second by Clements. Ayes: 6. Nays: 0. Motion Passes. Old Business: None. New Business: 7.a. Addition to adopt the 2017 Planning Commission Meeting Calendar. Motion by Mele to adopt the proposed 2017 Planning Commission Meeting Calendar. Second by Freeman. Ayes: 6. Nays: 0. Motion Passes. Reports: th Lindquist invited the Commission to attend a presentation by Opus on December 20, regarding the UMore property and the future plans for the parcel they purchased. The reception for Council member Demuth follows at 6:00. Adjournment: There being no further business to come before this Commission, Chair Kenninger adjourned the meeting at 8:59 p.m. Respectfully submitted, Amy Roudebush, Recording Secretary