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HomeMy WebLinkAbout4.a. Approval of the January 23, 2018, Regular Meeting Minutes PLANNING COMMISSION REGULAR MEETING MINUTES JANUARY 23, 2018 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, January 23, 2018. Chair Kenninger called the meeting to order at 6:30 p.m. with Commissioners VanderWiel, Clements, Mele, and Freeman. Also in attendance were Community Development Director Lindquist, Senior Planner Klatt, Planner Nemcek, Public Works Director Erickson and Recording Secretary Bodsberg. The Pledge of Allegiance was said. Additions to Agenda: None. Audience Input: None. Consent Agenda: a. Approval of the December 18, 2017, Regular Meeting Minutes. MOTION by Clements. Second by Freeman. Ayes: 5. Nays: 0. Old Business: 5.a. Request by Dakota Aggregates for an Annual Renewal of a Large Scale Mineral Extraction Permit for 2018. (17-46-ME) Senior Planner Klatt gave a brief summary of the staff report for the Planning Commission. Commissioner Mele asked if mining in the northern portion of the site would be completed within five years, and whether or not this timing assumed three MnDOT projects each year. Klatt stated that if there are three MnDOT projects a year they may be finished in less than five years. Community Development Director Lindquist stated that the mining and hauling often are lumped together in the North section of the mine. The hauling piece of the project is what will last about five years. The mining will occur longer than the hauling. Commissioner Freeman questioned where the limitation on 24-hour projects is listed in the annual permit. Klatt stated that it is listed under the mineral operating permit under condition E. Commissioner VanderWiel questioned if we know how long an average MNDOT project will last. Klatt stated that they could last anywhere from two weeks to two months or longer. VanderWiel inquired if the City has thought about going the Lakeville route where projects are considered on a case-by-case basis. Klatt stated that the City is essentially doing this through the annual permit by listing elements of the operation that are allowed to exceed the 12-hour per day operation time frame for certain types of projects. VanderWiel stated that she is concerned that just because the special projects are limited to three, it does not guarantee that the project will be smaller in scale. VanderWiel stated that if the project occurs over a long time, then they should not be able to have three total projects. Klatt stated that Dakota Aggregates is notifying the City when the projects are taking place. Lindquist stated that even if they have a project going on that does not mean they are necessarily hauling every night. City is posting information on its website when it is notified about new public projects that will be hauling overnight. Commissioner Clements questioned why MnDOT projects are so unique that they have to disrupt our citizens by operating at night. Lindquist stated that MNDOT has been requiring night work to help minimize traffic disruptions and to help provide a safer work environment for its employees and contractors. PLANNING COMMISSION REGULAR MEETING MINUTES JANUARY 23, 2018 PAGE 2 Shawn Dahl, 2000 Ames Drive, Burnsville, Dakota Aggregates, stated that every project is different and it has a lot to do with the size and scope, unlike factory work. Preparation and the need to haul material and goes back and forth are major issues for road projects. He noted that Dakota Aggregates answers to the contractors and the contractors answer to MnDOT, which is in control of all aspects of a specific job. The need for night work has gone up and it does make it difficult to coordinate the hauling of gravel to job sites. He noted that night work is necessary for safety reason for both motorists and workers. Commissioner Clements noted that certain jobs haul both during the day and night, and questioned why these could not be limited to daytime hours only. Mr. Dahl replied that while all jobs are different, a specific job might last four years and the hauling may only take place during a two-year time span. Clements asked if there was a different location to stage the sand for a project closer to the construction site. Mr. Dahl stated that that there would be very little room to store sand on most road projects, and that it would not be economical for the project. Clements stated that the residents of Rosemount have to deal with the constant projects with 24-hour operation. Commissioner VanderWiel questioned if the 100 days of hauling last year all included 24-hour hauling. Mr. Dahl stated that they would not have all have been 24-hour hauling, but that he does not have the exact numbers with him. VanderWiel questioned what percentage of those days would have included night hauls. Dahl stated that there were about 90-100 days of night hauling in March through May of last year. After the second complaint, they stopped the night-time operation all together and made different arrangements with the customer. He exclaimed that it was important for Dakota Aggregates to avoid disturbing nearby residents. VanderWiel inquired if there was any more night hauling after May of 2017. Dahl responded that there was no more night hauling after May 2017 from the north mining area. Commissioner VanderWiel asked what the schedule looks like for hauling in 2018. Mr. Dahl stated that, at this point, there is only one project lined up for 2018. Commissioner Kenninger inquired what stopped after the second complaint. Mr. Dahl stated that all nighttime hauling from the north ceased. Kenninger questioned what is considered nighttime hauling. Dahl stated that the night shift starts at 6:00 pm. Commissioner Clements questioned if there is inventory on the south side of the mine. Mr. Dahl confirmed that there is some inventory on the south side, but not near the quantity as is stockpiled in the northern mining area. Clements questioned if they could just haul out of the south during the night shift. Dahl stated that they could if it worked with that specific project. He added that there is finished material in the north end that is ready to be moved, and that the quicker it is moved the quicker they will be done hauling out of the north side of the mine. Clements stated that he is in favor to giving them one more year. Commissioner VanderWiel expressed concern that night hauling could occur over the entire summer under the current permit requirements. She said that she understands it is necessary to haul materials from the mine, but that the City should have more oversight of this activity. Commissioner Clements stated that he strongly encourages citizens to call 911 so that their complaints can be documented by the City. Commissioner Kenninger questioned if the City could make sure that the sound monitoring is completed in late spring. She noted that earlier monitoring would give the applicant more time to address any issues if the noise measurements are over the allowed limit. Community Development Director Lindquist stated that it is not the operating permit but rather the City Ordinance that sets sound limits. The sound restrictions do not need to be referenced in the permit because regardless they are still held to that standard through the City Ordinance. Commissioner Freeman stated that she is in favor of giving Dakota Aggregates one more year. Chair Kenninger inquired if there were any additional changes on the motion. Klatt stated that the changes recommended by staff are already included in the conditions. Lindquist stated that a condition could be included to request better information for when they will be hauling and the specific times it will occur. Commissioner Mele stated that the Commission needs to be careful with setting limits and regulations. He said that he would like to see the permit language stay as it is. PLANNING COMMISSION REGULAR MEETING MINUTES JANUARY 23, 2018 PAGE 3 Chair Kenninger requested that staff keep track when complaints arrive to verify if Dakota Aggregates was hauling or not at that time. Public Hearing opened at 7:45 pm. for statements that included new information from the public hearing that was held on December 18, 2017. Martha Magnuson, 14412 Bentley Way, stated that she is responsible for at least one Facebook post, one 911 call, and a couple of letters to the Planning Commission. Ms. Magnuson stated that calling 911 for the mining and/or hauling noise doesn’t seem like a good use of our emergency department. She thinks that the sound monitor equipment is located too low to get a good reading on the sound coming from the mine. She also questioned if Dakota Aggregates would get fined if they are found to be breaking the noise ordinance. Shaun Nelson, 14388 Bentley Way, stated that the Commission is discussing two different items; hauling and mining. Mr. Nelson stated that the provisions have a lot of grey areas. He said that he likes that they do not operate on Sundays and that he can have his windows open for one day a week. Mr. Nelson stated it is ridiculous that he cannot sleep with his windows open during the summer time. He stated that he agrees with Ms. Magnuson’s concern for the location of the sound monitor equipment. He would like to see it at the location of their bedroom windows instead of buried in the grass at the base of a telephone pole. Mr. Nelson questioned why the City of Rosemount is allowing 24-hour mining and hauling when surrounding cities only allow 12-hour operations. He asked how other cities are able to permit mining with 12-hour operations. He stated that the City only receives benefits of $80,000 for allowing the mining operation, and that the City is inconveniencing our residents for this small amount of revenue. Shawn Dahl, 2000 Ames Drive, Burnsville, Dakota Aggregates, stated that Mr. Nelson’s claim concerning the City’s financial gain is incorrect. He explained that the total gravel tax paid by Dakota Aggregates between 2013 to 2017 is $755,393.41, that the total property taxes paid between 2013 to 2018 is $764,891.52, and that Dakota Aggregates also made an in kind donation to City for the Flint Hills Athletic complex of $280,705.00. Overall, the overall tax payments or other contributions to date total $1,800,989.93. Mr. Dahl stated that not all of the money may go directly to the City of Rosemount, but everyone that resides in Rosemount resides in Dakota County and will see the benefits to the money that has been paid from this site. Mr. Dahl stated that he had discussed the site with Shaun Nelson earlier in the year, and that there were no negative things mentioned about the mining operation at this time. Commissioner Clements asked Mr. Dahl to comment on his competitor’s hours of operation. Mr. Dahl stated that most of his competitors operate under ordinances with limited hours, but can shift to 24-hour mining without restrictions as part of the permit issued by the municipality. MOTION by Freeman to close the public hearing. Second by Mele. Ayes: 5. Nays: 0. Motion Passes. The public hearing was closed at 7:59 pm. Additional Comments: Commissioner Kenninger stated that there is no current noise monitoring going on and when the City of Rosemount does start monitoring they will keep in mind the requests to position the equipment higher. She noted that the City does not have staff at City Hall 24/7 and that residents need to call 911 so that the police department can go out to the site and determine the source of any noise, especially during non-business hours when most City staff are not available. Motion by Mele to recommend that the City Council renew the Dakota Aggregates Large Scale Mineral Extraction Permit for 2018, subject to the terms and conditions in the attached 2018 Draft Conditions for Mineral Extraction Permit. Second by Clements. Ayes: 4. Nays: 1. VanderWiel. PLANNING COMMISSION REGULAR MEETING MINUTES JANUARY 23, 2018 PAGE 4 Public Hearing: 6.a. Request by Chase Development for a Minor Amendment to the Harmony PUD and Simple Plat for Harmony Parkview. (18-01-AMD & 18-02-SMP) Senior Planner Klatt gave a brief summary of the staff report for the Planning Commission. The public hearing opened at 6:54 pm. Public Comments: None. MOTION by Clements to close the public hearing. Second by Mele. Ayes: 5. Nays: 0. Motion Passes. The public hearing was closed at 6:55 pm. Additional Comments: Commissioner Kenninger inquired if the motion conditions need to reference any consistencies with other architectural drawings. Klatt stated that with the approval of a Minor PUD Amendment the specific requirements will be in there. The project would not be allowed to continue without meeting those requirements. MOTION by Clements to recommend the City Council approve a Simple Plat for Harmony Parkview with the following conditions: 1. Dedication of standard drainage and utility easements. 2. Compliance with the conditions and standards within the City Engineer’s Memorandum dated January 23, 2018. 3. Approval and execution of a subdivision agreement. 4. Submission of detailed architectural drawings for the townhouses. 5. Secure formal approval from the holder of the pipeline easement crossing the southern portion of the plat to grade and construct a driveway, parking area and utilities over the pipeline easement. 6. Submission of a revised landscape plan that includes over-story trees within the Bronze Parkway th Boulevard consistent with the approved Harmony 5 Addition PUD plans. Second by Freeman. Ayes: 5. Nays: 0. Motion Passes. 6.b. Request by Lennar Corporation for the Approval of the Cliff Property Preliminary Plat, Planned Unit Development Master Development Plan with Rezoning and a Lot Split. (18-03-PP, 18-04-PUD, & 18-08-LS) Commissioner Clements recuses himself from this item because he is the realtor for the Cliff family. Planner Nemcek gave a brief summary of the staff report for the Planning Commission. Commissioner Mele stated referenced the condition regarding tree preservation during grading. Nemcek stated that they would like to maintain as many trees as possible. Mele inquired as to why they are required to have sidewalks on both sides of a specific street. Nemcek stated that the specific cul-de-sac actually doesn’t have another sidewalk; the sidewalk is located on one side. Mele inquired why they are required to have a trail on a collector street instead of having a trail off closer to the wetland. Nemcek stated that the trail will eventually tie onto the trail on Akron and connecting onto a regional system. Commissioner Kenninger stated that with the applicant short on trees would the applicant be willing to add trees along Akron Ave. PLANNING COMMISSION REGULAR MEETING MINUTES JANUARY 23, 2018 PAGE 5 Commissioner VanderWiel questioned if the variance is the reason as to why the applicant is applying for a PUD in the R1. Nemcek confirmed that is correct. VanderWiel stated that the variance has been granted on two other occasions. In the future would it make sense to establish another residential classification. Community Development Director Lindquist stated that conversation has been had internally and that this topic will be brought to the Commission in the future. The public hearing opened at 8:37 pm. Public Comments: th Kyle Wood, 1050 124 Court West, inquired with adding about 50 houses to this area is there any plans to pave Akron Ave. Public Works Director Erickson stated that Akron Ave is a Dakota County road and that the County is in the process of selecting a designer for the road and they plan in 2020 to pave the road from Bonaire to the Rosemount city limits. Mr. Wood questioned if telecommunication utilities will improve with the development getting added. Lindquist stated that the private companies may determine that it would be profitable for them to add their service in that area. Mr. Wood questioned if there is a park planned for the future. Nemcek stated that there is a park planned just west of the development. John Remkus, 13040 Akron Ave, stated that during rain storms water will pool in the McMenomy property and that needs to be remembered when designing the storm water and hard surfaces. Mr. Remkus questioned if there is a water main currently in place. Nemcek stated that there is not one but that there will be one added. Mr. Remkus indicated that he did not want to be assessed for the extension as his property is rural residential. th Tim McDonnell, 1150 124 Court West, inquired if the city should maintain current ordinance standards instead of continuing to make exceptions. Michael Clements, 15747 Cicerone Path, questioned if the property where the storm water ponds are located on the east side of the development will be owned by the property owner instead of the City of Rosemount, will there be a conservation easement to protect the trees. Mr. Nemcek confirmed. Mr. Clements questioned who will pay for the water main to be added to the three properties along the side of the development. Lindquist stated that it will be the cost of the developer. Mr. Clements questioned if the water main will be through their backyards or coming up Akron Ave. Lindquist stated that is dependent on the engineer. Mr. Clements stated that he would like to make sure that those three properties are supplied with a large enough supply line for possible future development. MOTION by Mele to close the public hearing. Second by Freeman. Ayes: 4. Nays: 0. Abstention: Clements. Motion Passes. The public hearing was closed at 8:51 pm. Additional Comments: None. Planner Nemcek added condition v. to the motion to have the applicant be responsible for $110 per linear foot for the upgrades to Akron Ave. MOTION by Mele to recommend the City Council approve the Preliminary Plat for the Cliff Property and the Planned Unit Development Master Development Plan with the Rezoning of the Property from AG – Agriculture to R1 PUD – Low Density Residential Planned Unit Development, subject to conditions: a. Conservation easements shall be recorded over all wooded areas, wetlands, and wetland buffers. Markers indication the location of conservation easements and wetland buffers must be installed on all affected properties. Fences are not permitted within conservation easements. b. Drainage and utility easements shall be dedicated over all stormwater ponds, buffers and outlets. c. All areas within the wetland buffers that do not have natural vegetation shall be seeded and established with a wetland buffer seed mix. d. Payment of $5, 043 for AUAR study. e. Approval of a WCA application and replacement plan. f. Payment of $105,500 in-lieu of tree replacement. g. The front building elevation design shall include one of the following elements: PLANNING COMMISSION REGULAR MEETING MINUTES JANUARY 23, 2018 PAGE 6 i. Three and a half (3.5) feet of brick or stone wainscoting, excluding doors, windows or the wall behind the front porch; ii. A front porch with railing that extends at least 30% of the width of the front elevation, including the garage; iii. A side entry garage; iv. Or, no more than 70% lap siding, excluding doors and windows. h. A deviation for City Code Section 11-4-5 F.1. to reduce the interior lot minimum area of 10,000 to 7,800 square feet and corner lot minimum area from 12,000 to 10,500 square feet. i. A deviation from City Code Section 11-4-5 F.2. to reduce the minimum lot width from eighty (80) feet to seventy-five (75) feet for corner lots. j. A deviation from City Code Section 11-4-5 F.4. to reduce the front yard setback from thirty (30) feet to twenty-five (25) feet. k. A deviation from City Code Section 11-4-5 F.5. to reduce the side yard setback from ten (10) feet to seven and one half (7.5) feet except in areas where existence of larger drainage and utility easements require additional setbacks. l. A deviation from City Code Section 11-4-5 F.9. to increase the maximum lot coverage from thirty percent (30%) to forty-five percent (45%) for the three lots less than 8,250 square feet in area, forty percent (40%) for twenty-nine lots between 8,250 square feet and 9,750 square feet in area, and thirty-five percent (35%) for the thirty-three lots between 9,750 square feet and 11,250 square feet in area. m. Create and record a restrictive covenant on the retaining walls located on private property that ensures that it is the homeowners cost and responsibility to maintain the retaining walls. n. Development beyond the first phase cannot take place until the lift station located on Outlot C is built and sanitary sewer is available to future phases. o. Extension of sanitary sewer and water main to service the existing properties at 12523, 12605, 12637 Akron Avenue. p. 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. q. Each corner lot will have two overstory trees, one fronting on each road and all interior lots will have one boulevard planting. r. Road rights-of-way will be 80’ for Street A, 60’ for all other internal roadways and an additional 75’ of right-of-way dedicated for Akron Avenue. s. Conformance with all requirements of the City Engineer as detailed in the attached memorandum dated January 23, 2018. t. Conformance with all requirements of the Parks and Recreation Director as detailed in the attached memorandum dated January 16, 2018. u. The applicant meets with staff on the site to assess areas for further tree preservation prior to issuance of a site grading permit. v. Applicant is responsible to $110 per foot for the upgrades on Akron Ave. Second by VanderWiel. Ayes: 4. Nays: 0. Abstention: Clements. Motion Passes. MOTION by VanderWiel to recommend the City Council approve the lot split of the Cliff Property, subject to conditions: a. Dedication of perimeter standard drainage and utility easements over both properties. b. Dedication of seventy-five (75) feet of half right-of-way along Akron Avenue south of Street A and fifty (50) feet of half right-of-way north of Street A. Second by Mele. Ayes: 4. Nays: 0. Abstention: Clements. Motion Passes. Chair called a 5-minute break. Meeting resumed at 9:01 pm. PLANNING COMMISSION REGULAR MEETING MINUTES JANUARY 23, 2018 PAGE 7 6.c. Request by Leidner and Bester for Lot Split. (18-06-LS) Community Development Director Lindquist gave a brief summary of the staff report for the Planning Commission. th Commissioner Clements questioned if there will be right-of-way provided for a future 120 Street after the lot split. Lindquist stated that the City of Rosemount is not proposing to obtain right-of-way at this time. The public hearing opened at 9:07 pm. Public Comments: Dean Trongard, 6525 Franklin Hills Road, Independence, stated that he is helping Ellen Leidner solve this lot split issue. After losing her husband, Ms. Leidner looked into selling her property and discovered that she couldn’t sell because her property was not located on a publicly maintained road. Mr. Trongard requested that the application fee be reduced or waived to assist Ms. Leidner with the costs of resolving this issue. th Keith Bester Jr., 2140 120 Street West, stated that he would also like to request that the application fee be reduced or waived for Ms. Leidner. MOTION by Freeman to close the public hearing. Second by VanderWiel. Ayes: 5. Nays: 0. Motion Passes. The public hearing was closed at 9:11 pm. Additional Comments: Community Development Director Lindquist stated that the application fees are based on the estimated amount of time spent processing the various applications. Chair Kenninger stated that the applicant can follow up with staff on the request to reduce or waive the lot split application fee. MOTION by Mele to recommend the City Council approve the Lot Split for the Bester Parcel subject to combination of Parcel E with Parcel C. Second by VanderWiel. Ayes: 5. Nays: 0. Motion Passes. 6.d. Text Amendment to Add Aboveground Storage Tanks as an Accessory Use in the GI-General Industrial Zoning District. (18-05-TA) Planner Nemcek gave a brief summary of the staff report for the Planning Commission. Commissioner Kenninger clarified that the staff is proposing this change because somebody already installed the tanks. Kenninger inquired as to why the fire code didn’t previously allow the tanks and how are we going to guarantee that the residents are safe. Nemcek stated that it is specific to parcels zoned General Industrial and is separate from resident parcels. The Fire Marshall is requesting that they have a 30-foot setback. The public hearing opened at 9:20 pm. Public Comments: None. MOTION by Freeman to close the public hearing. Second by Clements. Ayes: 5. Nays: 0. Motion Passes. PLANNING COMMISSION REGULAR MEETING MINUTES JANUARY 23, 2018 PAGE 8 The public hearing was closed at 9:21 pm. Additional Comments: None. MOTION by VanderWiel to recommend the City Council approve the Text Amendment Modifying the GI- General Industrial Zoning District. Second by Clements. Ayes: 5. Nays: 0. Motion Passes. New Business: None. Reports: None. Discussion: None. Adjournment: There being no further business to come before this Commission, Chair Kenninger adjourned the meeting at 9:22 p.m. Respectfully submitted, Stacy Bodsberg, Recording Secretary