Loading...
HomeMy WebLinkAbout4.a. 20170627 PCM RM PLANNING COMMISSION REGULAR MEETING MINUTES JUNE 27, 2017 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 Tuesday, June 27, 2017. Vice-Chair VanderWiel called the meeting to order at 6:30 p.m. with Commissioners Freeman, Clements, Mele and Heidenreich. Chair Kenninger was absent. Also in attendance were Community Development Director Lindquist, Senior Planner Klatt, Planner Nemcek and Recording Secretary Bodsberg. The Pledge of Allegiance was said. Oath of Office: Mayor Droste swore in Steve Heidenreich to the Planning Commission. Additions to Agenda: None. Audience Input: None. Consent Agenda: a. Approval of the May 23, 2017 Regular Meeting Minutes. MOTION by Mele. Second by Freeman. Ayes: 4. Nays: 0. Clements abstained because he was absent from the May 23, 2017 meeting. Public Hearing: 6.a. Request by City of Rosemount for a Zoning Ordinance Text Amendment to Subdivision Ordinance modifying AG Zoning District to Permit Commercial Event Centers. (17-27-TA) Planner Nemcek gave a brief summary of the staff report for the Planning Commission. Commissioner Mele inquired as to why the City of Rosemount was proposing a stricter parking section of the ordinance. Nemcek stated that the location of the specific property that prompted this amendment was located on County Road 46 and staff wanted to guarantee that no overflow parking would end up on the street. Commissioner Clements asked if the City is going to require class five to be installed for the parking lot of event centers. Nemcek stated that is correct and that it will be about 2/3 of an acre. Commissioner Mele questioned if the proposal is too restrictive and if the Commission would be willing to lower the parking restrictions. Nemcek stated that the amendment wants to make sure that the parking would stay onsite and that there is no parking on the street. Commissioner Clements inquired if the total number includes event staff or just invited guests. Community Development Director Lindquist stated that there will be a set number for staff and a set number for guests included in the Ordinance. Lindquist noted that the number really depends on the specific site and the acreage that they have, as the ordinance allows with larger lots more attendees but then more parking is required. The City is currently venturing into something that they have not done before. The City would prefer to be cautious and the ordinance can be modified as time goes. Commissioner Clements stated that the ratio would depend on what type of event will be held. For weddings, it may be a 2:1 ratio but if it was a Business meeting, it will most likely be 1:1. PLANNING COMMISSION REGULAR MEETING MINUTES JUNE 27, 2017 PAGE 2 Vice-Chair VanderWeil questioned if 10 feet on the side set backs are too small for the AG zoning. VanderWeil suggested that the eating and drinking area be in a designated area or a different setback then the parking area. Nemcek stated that the eating and drinking area could be a specific setback in the ordinance or they could request that it be a specific designated area. Lindquist stated that the side setbacks in the AG zone are actually 5 feet, not 10 feet and that an increased setback would be appropriate. VanderWeil stated that the setback for the eating and drinking area should be different then the parking setbacks. Commissioner Clements stated that maybe a condition should be included to address when the R1 zoning happens around the specific property that the property owners can no longer have events on site. Residents are not going to want weddings going on in their backyard. Lindquist stated if that is how the Commission feels then they should be using an interim use process and not a conditional use. The interim use has a specific end date. Lindquist stated that it is hard to place an end date to something when we do not know when the surrounding property will be developed. That is why staff felt that the conditional use would be a better option because if we place conditions that are reasonable but also protect the surrounding properties then the future residents will be able to make an informed decision before they purchase around the event site. Commissioner Clements questioned if the conditional use permit requires an existing building on the property or if it just has to have 5 acres. He is concerned that someone will purchase a five acre property in a current residential neighborhood, build a pole barn and start having events in the middle of an established neighborhood. Commissioner Mele stated that scenario would not be a problem because the property would have to be zoned AG-Agricultural. Clements stated that there are many 5 acre properties that are zoned AG-Agricultural in the northern section of the city. Commissioner Mele stated that he agrees with staff that it should be a conditional use permit. Future homeowners should do their due diligence before purchasing a property near this sort of property land use. Commissioner Clements stated that a use like this could potentially diminish the surrounding properties’ land value. Commissioner VanderWeil stated that she disagrees and she sees this idea as a wonderful way to preserve open space and a historical building. Commissioner Clements stated that in general anyone that has a five acre property, they can put up a building and start hosting events under a CUP and the neighbors would not be able to say anything about it. Clements stated that he is not suggesting a specific date be used for the end of the permit but that when surrounding development happens the use be reconsidered. Clements questioned if the CUP was a temporary use. Lindquist stated that the conditional use permit is a permanent use so long as the conditions are met and that the interim use permit is temporary. Commissioner VanderWeil stated that you would not want the permit to be a temporary use. As you have neighborhoods built around the property the only thing left to do would be to tear down the barn. If the Planning Commission would like to limit the event centers location, then the Commission needs to make that a condition that applicants must meet when applying for such use. Commissioner Clements stated that he fully supports the idea of event centers but questions whether the Commission should just change the zoning of the property to Commercial rather than having a conditional use permit. Commissioner Freeman stated that maybe we add a condition to require that the property is a historical property similar to the regulations in Cottage Grove. Lindquist stated that the City does not designate properties as historical properties. Lindquist stated that we could include a condition addressing where the property is located. The City does have AG- Agricultural properties among residential neighborhoods. The Commission could require that the property is located in a more rural section of the City. The Commission could also include a condition that requires the property to have an existing barn; but would the City say no to a project that fit all the other conditions but they wanted to build a new building. Commissioner Clements stated that the condition could be five acres for an existing building but twenty acres for a new building. Commissioner Mele stated that he thinks the process recommended is okay; there is a political process for each scenario that the Commission discussed. Mele is in agreement with changing the setbacks but is not in agreement with dictating where the event centers can be located. PLANNING COMMISSION REGULAR MEETING MINUTES JUNE 27, 2017 PAGE 3 Planner Nemcek stated that there are eight standards that need to be made in addition to the sixteen recommended conditions in order to obtain a Conditional Use Permit. Those standards would address some of the concerns as to purchasing a five acre property in a residential neighborhood and placing a barn on it for an event center. Commissioner VanderWeil stated that if the Commission is concerned about where the event center is going to be located throughout the city then the Commission should just include that in the conditions. Commissioner Mele stated that he disagrees. The City Council will also have a roll in this process, as well as staff. The process has layers and it is a good process. Mele stated that he does not want the Commission to be so micro managerial. Planner Nemcek stated that it would be reasonable to include a condition that limits the location to sites east of Akron Ave and south of County Road 42, similar to the mining locational standards. Community Development Director Lindquist stated that the northern properties that are zoned AG-Agricultural are small and surrounded by rural residential. Staff questions if this type of use would be good for that established neighborhood. If this property and use were established prior to the surrounding residential neighborhood, then the future homeowners would be able to make an educated decision as to whether they want to move in near this sort of use. Commissioner Mele questioned if the original eight conditions for a CUP would remove some of the other agriculturally zoned areas from consideration before the application would even get to the Planning Commission. Lindquist stated that if the Planning Commission really does not feel that a specific area of the community would be appropriate for this type of use then the area should be excluded through the ordinance standards. That would put the City in the best legal position. The public hearing opened at 7:10 pm. Public Comments: Brent Bosaaen, 20516 Gateway Court, stated that he is the applicant for the CUP and is going to be purchasing the property. They would like to purchase more property around the existing property in the future to provide a larger buffer. MOTION by Mele to close the public hearing. Second by Clements. Ayes: 5. Nays: 0. Motion Passes. The public hearing was closed at 7:12 pm. Additional Comments: Commissioner Mele questioned if the Commission is supposed to just provide feedback or is staff looking for the Commission to act on the comments made. Lindquist stated that if they are comfortable with the changes then they can move forward so that the item can go to Council next month. The changes proposed relate to parking requirements, parking lot setbacks, site location limits, and setbacks for eating and drinking areas. Commissioner Clements questioned if there will be alcohol allowed outside of the building. Lindquist stated that yes, it will be and that is why staff is requiring that the applicant have an enclosed patio. There will be a defined space for alcoholic beverages. Clements questioned if a police officer would be required on site during the event. Planner Nemcek stated that a police officer would not be required to be onsite. The Police Chief was notified about this planning item and stated that there are no restrictions on security anywhere else in the city. PLANNING COMMISSION REGULAR MEETING MINUTES JUNE 27, 2017 PAGE 4 Commissioner Mele stated that he would not want to restrict how many staff members could be on site during an event. Lindquist clarified that she was not suggesting that the ordinance restrict staff members she was referring to the parking situation. Commissioner Freeman questioned as to why the city is not requiring the applicant get liability coverage similar to the standard in the City of Lake Elmo. Senior Planner Klatt stated that he thinks someone in Lake Elmo had requested the condition to protect the city and show that the city would not be liable. Freeman questioned if the city would be liable. Klatt stated that he is not an attorney and does not know. Commissioner VanderWeil stated that she is not at liberty to render legal advice but that she is comfortable not including the liability coverage requirement in our ordinance. MOTION by Clements to recommend the City Council approve the Text Amendment Modifying the AG Agriculture Zoning District with the additional conditions. Second by Freeman. Ayes: 5. Nays: 0. Motion Passes. 6.b. Request by Brent and Angela Bosaaen for a Conditional Use Permit. (17-25-CUP) Planner Nemcek gave a brief summary of the staff report for the Planning Commission. Commissioner Clements inquired if there will be a commercial kitchen on site. Nemcek stated that the requirements will be set by the state health code and is included in the conditional use permit. Clements inquired if there will be hand washing available for the caterer. Nemcek stated that there is running water in the barn facility. The public hearing opened at 7:29 pm. Public Comments: None. MOTION by Clements to close the public hearing. Second by Freeman. Ayes: 5. Nays: 0. Motion Passes. The public hearing closed at 7:30 pm. Additional Comments: None. MOTION by Freeman to recommend approval of the conditional use permit for a commercial event center, subject to the following conditions: 1. Submission of a parking plan verifying the total number of parking spaces prior to City Council review. 2. Submission of a site plan identifying location of sanitary facilities, trash enclosures, and lighting locations prior to City Council review. 3. Submission of a Concept Safety Plan indication traffic circulation, signage, and access prior to City Council review. Second by Mele. Ayes: 5. Nays: 0. Motion Passes. Old Business: None. PLANNING COMMISSION REGULAR MEETING MINUTES JUNE 27, 2017 PAGE 5 New Business: th 8.a. Request by Prestwick, LLC for the 38 Lot Final Plat of Prestwick Place 14 Addition. (17-29-FP) Senior Planner Klatt gave a brief summary of the staff report for the Planning Commission. Commissioner Clements inquired if sidewalks are required. Senior Planner Klatt stated that sidewalks are required. Klatt clarified that double sided sidewalks were a condition included on the preliminary plat approval and that carries over to the final plat approval. Clements inquired if having sidewalks on both sides is a new standard for development in Rosemount. Klatt stated that it is not. This was a unique situation with a long road with additional traffic throughout the neighborhood. Clements stated that he does not support have sidewalks on both sides of local residential roads. Commissioner Mele stated that this is an example of when the Commission asked for more than they should have. th MOTION by Mele to recommend that the City Council approve the Final Plat for Prestwick Place 14 Addition, subject to the following conditions: 1. Execution of a Subdivision Agreement. 2. 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. 3. Conservation easements shall be recorded over all wetlands, wetland buffers, stormwater ponds and storwater buffer strips. Fences are not allowed in the conservation easements. 4. Provision of $129,200 for Fee-in-Lieu of Park Dedication prior to release of the final plat. 5. Provision of $17,4910 for landscaping security (53 trees x $300/tree x 110%) 6. Compliance with the conditions and standards within the City Engineer’s Memorandum dated June 27, 2017. 7. Construction of a temporary turn-around at the eastern end of Ashford Path until such time that the road is extended into a future development phase. Second by Freeman. Ayes: 5. Nays: 0. Motion Passes. Senior Planner Klatt stated that this item would go to the City Council July 18, 2017. Reports: None. Adjournment: There being no further business to come before this Commission, Vice-Chair VanderWiel adjourned the meeting at 7:47 pm. II. Work Session th 1. Discussion about the Land Use Plan and Potential Open House for August 8, 2017. Senior Planner Klatt explained that he has been working with UMore and what they see for future development. The first part of the Work Session will be obtaining suggestions for changes to the current land use map and we will be th discussing the open house that the City will be having on August 8. With more recent discussions with the University of Minnesota, they are thinking about starting development south of Dakota County Technical College. They are looking at staging development throughout the next 15-20 years. There are currently 2 MUSA lines on the map. We show the 2030 and 2040 MUSA lines. Commissioner Mele questioned if we had th any concern as to if we are creating a tough spot at the intersection of County Road 42 and 145. th Lindquist stated that at Biscayne there will be a 4-way signal light, Akron Ave would be a 4-way light, and 145 would be a 4-way light. That is why we are looking at higher density developments in those corners. Mele stated that he would like to see Rosemount not turn into Apple Valley with lights at every intersection. Lindquist stated that the City only has so much say in discussions about a County road. It really comes down to a spacing issue. The signals also help with getting the Commercial properties along County road 42. Residents are not going to stop at a commercial property if they cannot get in and out of the property. Clements inquired if there was ever a discussion about adding roundabouts on 42. Lindquist stated that she is thinking that because 42 has such a high traffic load that the roundabout may not work as well with the high traffic. Lindquist stated that staff is suggesting the City make provisions to have utilities in the north central area and questions whether the area should be reguided to transitional residential or leave it as permanent rural residential. With the PLANNING COMMISSION REGULAR MEETING MINUTES JUNE 27, 2017 PAGE 6 transitional guiding, the City could list criteria about when urbanized development would be considered. Mele stated that he would be okay with leaving the northern area zoned rural residential if the rest of the Commission agreed. Clements stated that what he has heard from residents at other open houses is that they do not want to change the zoning. VanderWeil stated that she is disturbed that we would like to develop every piece of land in the city. She does not see the point of changing the zoning. Clements stated that we do have diverse properties that are secluded and we should not want to change that. Lindquist stated that the transitional residential can indicate that development would be far in the future. th Lindquist stated that staff would like to run a draft map through the public meeting on August 8. We could try a couple different plans and see what kind of feedback we get. Clements likes the idea of having two maps to open the discussion. VanderWeil is hesitant to take this map to homeowners and show them what property owners could potentially gain from having utilities. Lindquist stated that staff can notice those specific owners and we will show both maps at the open house to spark conversation. The goal for the open house is also to get a final draft and settle some of the different conversations. The Open house is scheduled for 6:30 pm on August 8, 2017 at the Community Center Banquet Hall. Please arrive around 6 pm so that we can get people assigned to the boards that they are comfortable with. Respectfully submitted, Stacy Bodsberg, Recording Secretary