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HomeMy WebLinkAbout3. Minutes of April 27, 1993 Meeting � t • � Planning Commission REGULaR MEETING Mt1vUTEs - AP1ui. 27, 1993 Pursuant to due call and notice therec>f the Regular Meeting of the Planning Commission was duly held on Tuesday, April 27, 1993 at 5:00 p.m. Chairperson Busho called the meeting to order with membezs 1VIcDermott, Baago, and Ingram present. Also present was Director of Planning Lisa Freese and Assistant Planner Rick Pearson. Director of Planning Lisa Freese requested that item 12. Comprehensive Guide Plan: Update 2000 be added to the April 27, 1993 Planning Commission Agenda for discussion of recent Metropolitan Council action. Chairpersan Busho requested that Item 4. Director's Announcements be moved to the end of this agenda ta accommodate those in attendance to discuss agenda business items. Chairperson Busho also requested that Item 12. Commissioner's Comments be added to the agenda. MOTION by Baago to approve the April 13, 1993 Regular Meeting Minutes as presented, Second by Ingram. Ayes: McDermott, Busho, Baago, Ingram. Nays: 0. The City Council reviewed the mineral extraction permit renewal application submitted by Bituminous Roadways, Inc. for the Otto Ped property located at 4992 145th Street East. At Council's request, Planning staff has drafted additional ianguage for the "Conditions" of the mineral extraction permit renewal that will permit stackpiling of materials on the mining operation site as well as provide a procedure for the regulation of the stockpiles. Upon researching publications from the Environmental Protection Agency, Minnesata Pollution Contral Agency, and the Dakota County Soil and Water Conservation District for identification of the Best Management Practices (BMP) for controlling the effects of wind and water erosion control measures, Planning staff has develaped interim management measures that affect irrigation, wind breaks, diversian and treatment of run-off, tillage, chemical soil treatments, and measures for stabilizing stockpiled materials. Mr. Palmer Peterson and Mr. Chad Nelson, Bituminous Raadways, Inc., and Otto Ped, property owner, were in attendance and answered questions from the Cammission. They stated their willingness to comply with the additional conditions of the permit. MOTION by Busho to recommend as follows: 1) The addition of the following conditions to the 1993 Otto Ped Mineral Extraction Permit Renewal: a) Paragraph R. Operator shall incorporate best management practices for controlling erosion and storm water runoff as speeified by the Minnesota Pollution Control Agency and the United States Environmental Protection Agency; b) Paragraph �I. .....indication of the location of topsoil and gravel stockpiles on the grading plan; c) Paragraph H. .....topsoil shall not be removed from the mining site and must be replaceci upon reclamation of each phase; and � x , d) further clarification of Paragraph F designating a truck route for transfer of the materials providing evidence of approval from the Dakota County Highway Departrnent for use of county roads. 2) campletion of the Dakota Counry Soil and Water Conservation District Mining Permit Application as additional documentation of the mineral extraction activities; and 3) pravision of documentation showing that a National Pollution Discharge Elimination System Permit has been apptied for regarding this mining activity with the Minnesota Pollution Control Agency. Second l�y McDermott. Ayes: Busho, Baago, Ingram, McDermott. Nays: 0. Assistant Planner Rick Pearson advised that the City has received a petition for a metes and baunds lot division/combination from Ms. Betty Ann Nieland, 2067 135th Street West. The subject property is situated in the Agricultural District north of 135th Street West between Keegan Lake and Bacardi Avenue. Ms. Nieland is proposing to divide:off approximately 12 acres of her property and combine it with a contiguous 10.4$-acre parcel currently owned by her son, Mr. Henry Nieland, The conveyance of this land is solely for agricultural purposes and will not create new residential lots and, therefore, park dedication is nat required. Both affected property owners were in the audience and discussed with the Commission whether or not it is appropriate to require the Nielands to provide additional right-of-way for future expansion of County Road 38 (135th Street). Planning staff has determined that the proposed lot spliticombination is in eonformance with minimum ordinanee and subdivision requirements. Further, the propasal will enhance and enable the continuance vf an agricultural use in the Agriculture District whieh is eonsistent with the purpose and intent of the zoning district as well as the Comprehensive Guide Plan policies. MOTION by ingram to recommend to Ciry Council approval of the iot split/combination of property identified by P.I.D. 34-02110-010-35 and 34-0211fl-011-34 subject to: 1) re-combination of Parcel B with the adjacent ten-acre property to the east; and 2) clarification from Dakota County and resolution as to whether additional roadway easement for fiuture county road expansion should be required. Second by Baago. Ayes. Baago; Ingram; McDermott; Busho. Nays: 0. Dan Huntington, Matthew Daniels, Inc., was present in the audience to discuss a site plan for an office and wholesale/supply building proposed to be located in the C-4 General Commercial District and situated to the south of 151st Street on the east side of Carousel Way. Mr. Huntington is proposing a 2,028 squaze foat of�ce/display area with a six-foot wall section connecting ta an existing 4,025 square foot structure used for warehausing. The planned use is permitted in the C-4 District and is in conformance with the City's Comprehensive Guide Plan Land Use L�esignation. Assistant Planner Rick Pearson discussed the elements of the site plan regarding proposed parking, lat coverage, current setback encraachments, fencing issues, landscaping plan, aestheti� treatment of the proposed and existing structure bringing it into compliance with current ordinance standards. � t Mr. Huntington stated his willingness to �ddress and comply with the issues identified by Planning staff. However, he questioned the City Attorney's interpretation that this proposal should be considered an expansion of the existing buiiding and the existing building be brought into conformance with ordinanee requirements for aesthetic treatment. Because the structures are designed with a 6-foat connection to prravide passageway between the existing and proposed building, Mr. Huntington feels this does not constitute an "addition" and only the newer building should be aesthetieally treated according to current standards. Mr. Huntingtan stated his intentian to petition far a variance to aesthetic treatment of the existing building. However, he further expressed his desire to begin his project immediately and, should the variance be denied, he will comply with ordinance requirements for aesthetic treatment of the existing building. MOTION by Baago to approve the site plan for property }oeated at 15230 Carousel Way for an office/whotesale supply use as requested by Matthew Daniels, Inc. subject to: 1) eliminating pavement indicated within the northern side yard setback, 2) cQmpliance with archite�tural aesthetic materials standards as required in Section 7,2 of the Zoning Ordinance; 3) increasing the indicated foundatian plantings by seven (7) shrubs, increasing the size of the indicated boulevard trees per Zaning Ordinance Section $.3, and posting of a security in the amount of$2,500 for the landscaping; 4) approval af a revised grading plan by the City Engineer; 5) removal of the barbed wire from the existing security fence; 6) modification of the dumpster enclosure to be consistent with Zoning Ordinance Section 4.9 - Outdoor Storage; and 7) compliance with all applicable building and fire codes. Second by Busho. Ayes: Ingram, McDermott, Busho, Baago. Nays: 0. Director of Planning Lisa Freese updatetl and reviewed with the Commission the ongoing efforts of the Metropolitan Council to update the Metropolitan Development Investment Framework (MDIF). Director Freese reviewed the proposal that is being considered by the Metropolitan Councit that witl impact Metropolitan Urban Service Area (MUSA) expansions within the metropolitan area. Director Freese advised that the Metropolitan Council has requested verification that the City's zaning ordinance is in conformance with the MetropoIitan Agricultural Preserve Act. In reviewing the City's ordinance to determine conformance, Planning staff identified that the minimum density requirernent for the Agricutture Preserves (AG-P) District is 2.5 acres which is inconsistent with the Agricultural Preserves Act minimum density of 1 per 40. Further review of the Qrdinance by the Building Department revealed that Section 14.6, On-site Sewer Requirements, did not reference the current state and county standards. Planning staff recamrnends that minimum density in the Agriculture Preserves District be changed to 40 acres rather than the current 2,5 acres and that Section 14.6 be revised to reference appropriate Mirinesota PCA and Dakota County Departrnent of Environmental Management regulations for on-site septic systems. � � MOTION by Busho to recornrnend that City Council set a Public Hearing for a proposed Zoning Ordinance Text Amendment to revise the Agriculture Preserves (Ag-P) District minimurn density requirements to bring them into eonformance with the Metropolitan Agricultural Preserves Act and the an-site sewer ordinance regulations to bring them into conformance with state ar�d county standards. 5econd by Baago. . Ayes: McDermott, Busho, Baago, Ingram. Nays: 0. MOTION by Busho to recomrnend to City Council adoption of O��N�1vCE B-28, AN OrtDuv�vCE A.MENDII+IG QRDINANCE B, CTTY OF ROSEMOUNT ZONING ORDINANCE. Second by Baago. Ayes; Busho, Baago, Ingram, McDermatt. Nays: 0. Director of Planning Lisa Freese advised that Dakota County has notified the City of Rosemount that a Public Hearing will be held on April 29, 1993 regarding a name change propasal for Bacardi Avenue, Due to ongoing theft problems with the street signs because of the connotation of the "Bacardi" name, the Dakota County Highway Maintenance Shop has requested a name change be effected to reduce the potential problems of unmarked streets in emergency situations. The proposed name change would resuit in new addresses €or the businesses and residences located along Bacazdi Avenue in the cities of Rosemount and Inver Grove Heights. The County addressing system dictates that this street name must begin with a "B" and be a name of a "place" or "thing" and, therefore, the County is considering renaming this street to "Bald Eagle Avenue." The Planning Commissian cancurred that a name change is warranted because the sign thefts pose serious issues. However, the Commission wondered if a }ess disruptive solution could be done that would have a lesser impact an the property owners such as changing the spelling of "Bacardi" to "Bacardy," M4TiON by Busho to direct Planning staff to prepare a letter of support from the City of Rosemount Planning Commission in xesponse to the County's proposal to effect a name change for Bacardi Avenue and to convey the Commission's desire that the name change provide minimum disruption to the property owners and that the County consider a modified spelling of the current name of "Bacardi" to "Bacazdy." Second by Baago. Ayes: Baago, Ingram, McDermott, Busho. Nays: 0. On March 5, 1993 USPCI, Inc. requested an amendment to the City af Rosemount zoning ordinance text to allow disposal of coal ash at the Niinnesota Industrial Containrnent Facility (MIC�. As requested by the City Council, Barr Engineering was retained ta review the USPCI application, "White Paper", and Waste Acceptance Plan. Director of Planning Lisa Freese introduced Mr. Tom Radue, P.E., Barr Engineering Company, who was in attendance tp provide a summary of the Barr Engineering report and to answer guestivns from the Commission. The report idernifies no major issues with allowing coal ash to be disposed of in fihis facility. Mr. Radue outlined his recommendations for additional conditians regarding duSt control artd leachate monitoring in the regulation coal ash disposal. Mr, Radue stated that, based on analysis of testing results, disposal of caal ash at the MICF appears to pase little risk to the environment provided the waste acceptance plart and facility operations p�an is property irnplemented. Based on Mr. Radue's report, Planning staff is recommending that a f � zoning ordinance text amendment would be apprapriate. If the Planning Commissions directs that the conditions suggested by Mr, Radue be adopted, an addendum to USPCPs existing Interim Use Permit (IUP) will be required. MOTION by Busho to recommend to City Council that a Public Hearing be scheduletl for May 18, 1943 for public input regarding the Zoning Ordinance Text Amendment as xequested by USFCI, Ine. Second by Baago. Ayes: Baago, Ingram, McDermott, Busho. Nays: 0. MOTION by Busho directing that Planning staff work with the city attorney to develop an Interim Use Permit (IUP) Addendum relating to the handling of eoat ash and leachate rnonitoring per Barr Engineering's recommendation. Second by Baaga. Ayes: Ingram, McDermotC, Busha, Baago. Nays: 0. Director of Planning Freese advised that Metropolitan Council staff has notified the City of treatment capacity issues at the Rosemount Waste Water Treatment Plant (WWTP) with regard to the City's propc�sed MUSA expansion in the Comprehensive Guide Plan Update, The City has been asked to consider granting the Metropolitan Council additional review time to complete their review of Update 2000. This would provide them an opportunity to evaluate the Rosemount Waste Water Treatment Plant capacity issues and identify atternative interim improvements af the Rosemount WWTP that would establish a new capaciry limit for fihe Rosemount WWTP. MOTION by Busho to request that the Metropolitan Council extend the review of the Ciry of Rosemaunt Comprehensive Guide Plan - Update 2000 until September 22, 1993 to allow the Metropotitan Waste Control Commission to complete a review of the Rasemount Waste Water Treatment Plant interim improvements. Second by Baago. Ayes: McDermott, Busho, Baago, Ingram. Nays: O. Director of Planning Freese stated that, due to an error in transmitting the notice to the paper for publication, the Mosquito Control District Rezaning Petition Public Hearing has been rescheduled. In order that the City is in compliance with t.he state statute for publishing of a scheduled hearing ten days prior to the hearing, the public hearing for the rezoning of the Mosquito Contral District property will be held on May 1$, 1993 at 8:00 p.m. Commissioner Baago thanked the representatives from USPCI, Inc. for the recent tour of their facilities and encouraged the other Planning Commissioners ta attend the USPCI, Inc. Public Hearing on May lSth in case their aze any questions from the Council regarding the tour of the USPGI operation. MOTION by Busho to adjourn. Second by Baaga. Ayes: McI}ermott, Busho, Baago, Ingram. Nays: 0. There being no further business to corne before this Commission and upon unanimous decision, this meeting was adjourned at �':30 p.m.