HomeMy WebLinkAbout4.a. 20180424 PCM RMPLANNING COMMISSION REGULAR MEETING MINUTES
April 24, 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, April
24, 2018. Chair Kenninger called the meeting to order at 6:30 p.m. with Commissioners Freeman, VanderWiel, Clements
Mele and Reed. Commissioner Schwartz was absent. Also in attendance were Senior Planner Klatt, Planner Nemcek,
Community Development Director Lindquist, City Engineer Hatcher and Recording Secretary Bodsberg.
The Pledge of Allegiance was said.
Election of Chair and Vice Chair: Commissioner Kenninger asked for nominations of Chair.
Commissioner Clements nominated Kenninger for the position of Chairperson.
There were no further nominations.
MOTION by Freeman to elect Commissioner Kenninger by unanimous consent to the position of
Chairperson.
Second by Clements.
Ayes: 6. Nays: 0. Motion approved. Commissioner Kenninger is appointed as Chairperson.
Commissioner Kenninger asked for nominations of Vice Chair.
Commissioner Kenninger nominated Commissioner VanderWiel.
There were no further nominations.
MOTION by Mele to elect Commissioner VanderWiel by unanimous consent to the position of Vice Chair.
Second by Clements.
Ayes: 6. Nays: 0. Motion approved. Commissioner VanderWiel is appointed as Vice Chairperson.
Additions to Agenda: None.
Audience Input: None.
Consent Agenda:
a. Approval of the March 19, 2018, Regular Meeting Minutes.
b. Approval of the April 10, 2018, Regular Meeting Minutes.
MOTION by VanderWiel.
Second by Mele.
Ayes: 5. Nays: 0. Michael Reed abstained from item a. because he was not a part of Commission at that time.
PLANNING COMMISSION REGULAR MEETING MINUTES
April 24, 2018
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RECESS REGULAR PLANNING COMMISSION MEETING AND OPEN BOARD OF APPEALS AND
ADJUSTMENTS MEETING
Public Hearing:
6.a. Variance to Allow a Lot Combination that will cause an existing parcel to exceed the Minimum Allowed
Square Footage of Accessory Buildings. (18-14-V) – Board of Appeals
Senior Planner Klatt gave a brief summary of the staff report for the Planning Commission.
Commissioner Clements inquired if the City has denied previous applicants if they requested a similar variance and
whether there are other rural residential lots that have similar additional oversized accessory buildings. Klatt stated that
there are a few historic farm sites that have additional buildings, but this is a unique situation due to the site history and
the currently constructed buildings.
Chair Kenninger inquired if the current buildings were constructed consistent with the code. Klatt stated that as far as
his knowledge the buildings were constructed consistent with the regulations at the time.
The public hearing opened at 6:47 pm.
Public Comments: None.
MOTION by Clements to close the public hearing.
Second by Reed.
Ayes: 6. Nays: 0. Motion Passes.
The public hearing was closed at 6:48 pm.
Additional Comments: None.
MOTION by VanderWiel the Board of Appeals and Adjustments to approve a variance from the Zoning
Ordinance to allow a lot split and recombination that will result in property 12145 Danbury Way exceeding the
maximum aggregate size of accessory buildings by 2,100 square feet.
Second by Freeman.
Ayes: 6. Nays: 0. Motion Passes.
MOTION by Clements to recess Board of Appeals and Adjustments meeting and reopen the Planning
Commission meeting.
Second by Mele.
Ayes: 6. Nays: 0. Motion Passes.
RECESS BOARD OF APPEALS AND ADJUSTMENTS MEETING AND RE-CONVENE REGULAR PLANNING COMMISSION MEETING.
6.b. Request by Anderson Companies for Rezoning to BP PUD and Site Plan approval for Indoor Field House at
Community of Hope Property. (18-19-PUD)
Community Development Director Lindquist gave a brief summary of the staff report for the Planning Commission.
Commissioner VanderWiel inquired if the third phase building would require additional parking. Lindquist confirmed
that it would. VanderWiel questioned how additional parking could be accommodated since the site is already short on
parking. Lindquist stated that staff will review onsite parking when or if that third phase gets brought to staff.
Commissioner Reed inquired if a contingency plan has been put into place for the future parking needs. Lindquist stated
that the applicant would better be able to answer that question. Reed inquired if there are any changes proposed to the
exterior. Lindquist stated that is condition number six.
PLANNING COMMISSION REGULAR MEETING MINUTES
April 24, 2018
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Commissioner Clements inquired if the South and East parking lot would be constructed now or at a later time.
Lindquist stated that everything would be constructed at this time.
Commissioner Kenninger inquired if the principal owner would sell the church and the lot would then have two
principal structures. Lindquist confirmed that correct.
Commissioner VanderWiel inquired if this building could potentially harm the future use for the site. Lindquist stated
that the City would not approve a lot split if that would negatively affect either one of the lots.
Commissioner Clements stated that when the third phase was complete it would attach the other two buildings. A lot
split would not be possible.
Chair Kenninger inquired what the traffic would look like and have conversations been had about the potentially
increased traffic.
City Engineer Hatcher confirmed that the adjacent roads, Biscayne and 145th Street, have been designed to handle the
increase in traffic.
The public hearing opened at 7:19 pm.
Public Comments:
Wayne Newbaur, SEH, Inc., 717 3rd Avenue South East, Rochester, MN, representing both the developer and the
owners. Representatives are in attendance from both. Mr. Newbauer stated that they agree to all seven conditions.
Per Nilsen, Lead Pastor at Community of Hope Church, 1185 Ivy Hill Drive, Mendota Heights, stated that the Church
is in full support of the project. Regarding the parking, it would possibly be an issue on Sunday mornings and holiday’s.
Community of Hope Church currently has a contract with ISD 917 that is located right across the street and they are
currently in talks with MERC that is also located next door for additional parking spaces.
Commissioner Mele questioned if the church runs out of parking during church services. Mr. Nilsen stated that they do
not currently. Volunteers are asked to park across the street in the ISD 917 parking lot.
Chair Kenninger inquired if a lot split has been discussed. Mr. Newbauer stated that after discussing with City staff the
right approach to gain approval of the building, it was decided that a PUD was the better choice.
Chair Kenninger inquired if they were in favor of adding an exterior door on the north side of the building and changing
the exterior. Mr. Newbauer confirmed that they are in agreement to condition six.
Mark Johnson, 14528 Blackberry Way, stated that Hope Field House is well established with Facebook, Twitter, and
additional websites. Mr. Johnson suggested that any commercial vehicles leave the property onto Biscayne Ave. Mr.
Johnson continued that the Commission should tread slowly because the new building will have a negative financial
impact on his property.
Jill Tutewohl, 2493 145th Street West, just moved into home 2 years ago and didn’t know anything about the planned
project. Ms. Tutewohl inquired on where to get more information on the project. Ms. Tutewohl questioned if there are
plans in the future for stoplights at the busy intersection of 145th Street West and Biscayne Ave.
Kaye Richardson, 2454 Beech Street West, stated that she is concerned about the possible noise that this additional
building will bring to the neighborhood. Ms. Richardson inquired what the facility hours are going to be.
Mark Johnson, 14528 Blackberry Way, stated that adding additional traffic to this intersection may slow down
emergency vehicles.
Commissioner Mele questioned if the main tournament season for volleyball and basketball was during the warm spring
and summer months.
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April 24, 2018
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Scott Schoaf, 15124 Cimarron Way, stated that the tournament season for volleyball and basketball will run November
through April. Tournaments will finish up around 9pm. Hours of operation for the facility will be about 8 am - 9 pm, 7
days a week. The facility will have 4 courts, a fitness center, and possibly a chiropractor or similar tenant. More
information can be found at www.hopefieldhouse.org. Mr. Schoaf stated that site deliveries would be for concession
stand items and vehicles will be at a smaller size; commercial vehicle deliveries shouldn’t be necessary. Mr. Schoaf stated
that the traffic will look like a constant flow of people coming and going. He does not anticipate much hanging out in
the parking lot, especially during the winter months.
Commissioner Clements questioned why the direct neighbors were not contacted about the construction of the facility.
Mr. Schoaf stated that is a valid point and he takes full responsibility for not communicating the plans to the
surrounding neighbors.
Kaye Richardson, 2454 Beech Street West, questioned what kind of lighting will the parking lots have and what use will
the facility have during the summer months.
Per Nilson, 1185 Ivy Hill Drive, Mendota Heights, stated that the lighting structures will be similar to the lighting
currently in the church parking lot. Mr. Nilson stated that during the summer months the empty grass lot is currently
used for youth soccer facilities. The summer will actually be quieter after construction because the sports will be moved
inside.
MOTION by Freeman to close the public hearing.
Second by Mele.
Ayes: 6. Nays: 0. Motion Passes.
The public hearing was closed at 7:54 pm.
Additional Comments:
Chair Kenninger inquired what the lighting ordinance is for commercial buildings.
Lindquist stated that the lights will be facing down and shielded so that the lights are not shining into the houses.
Kenninger clarified that the zoning allows the proposed use. But the rezoning is needed because there will be two
principal uses on the lot. Lindquist confirmed that is correct. She noted in 2004 the buildings were approved and
because of how the phasing is being completed, the site plan approval is tricky.
Kenninger stated that the neighborhood has concerns about parking on the street. Lindquist stated that it may be an
enforcement issue but as long as there is enough parking in the lot they shouldn’t experience on street parking. On street
parking is not allowed on Biscayne or 145th.
Kenninger questioned if staff see’s the increase in traffic on 145th Street West and Biscayne Ave to be an issue for
emergency vehicles. Asst. City Engineer Hatcher stated that he does not. Hatcher stated that 145th Street West and
Biscayne Ave are already larger collector streets. These streets were designed to carry large amounts of traffic.
Kenninger questioned if this item will be coming back to the commission. Lindquist stated that it will not.
Commissioner Clements inquired as to how the use of the soccer fields will compare to the new building’s use.
Mr. Nilsen stated that RAAA purchased a block of time for the fields. The total volume is unknown for Hope Field
House at this time.
Commissioner Clements stated that the applicants end game would be to have their third phase completed and that
would be a new sanctuary hall. If the parking is an issue and they are receiving complaints, then they would potentially
not get their third phase.
PLANNING COMMISSION REGULAR MEETING MINUTES
April 24, 2018
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MOTION by Clements to recommend the City Council rezone the property at 14401 Biscayne Avenue to BP
PUD and approve the Master Development Plan and Site Plan for an indoor recreation facility subject to the
following conditions:
1. The applicant modifies the landscape plan to include plantings approved 2004 plan including
deciduous trees along the north and west side of the property and bring the site into compliance with
required foundation plantings.
2. The applicant modifies the storm water plan to remove required ponding from the parking lots prior
to City Council review.
3. The applicant considers providing a public entrance on the north side of the building to allow
customers parking in the NW to access the building more conveniently.
4. Include pedestrian access from the NW parking lot to the building and around the entire building.
5. If the site experiences a parking shortage, the owners of the recreational facility will work with staff to
modify the event schedule to reduce parking demand on site. If a parking shortage continues to be
experienced, the recreation facility owner will work to address the shortage. Construction of the third
approved building phase will not be permitted if a parking shortage is regularly experienced on the
site.
6. The applicant modifies the exterior materials of the building to bring the elevations into compliance
with the business park ordinance standards.
7. Conformance with all requirements of the City Engineer as detailed in the attached memorandum
dated April 17, 2018.
Second by Mele.
Ayes: 6. Nays: 0. Motion Passes.
6.c. Request by Public Storage for a Major Amendment to the Secure Mini Storage Planned Unit Development.
(18-20-AMD)
Planner Nemcek gave a brief summary of the staff report for the Planning Commission.
Commissioner Reed inquired why the use of stucco is not recommended. Nemcek stated it had been a durability issue.
Commissioner Clements stated that the largest concern from the neighbors is the height of the building and the color of
the building (orange). Nemcek stated that the position of the building may help impact the height of the building. The
orange color is an accent color.
Commissioner Mele questioned if the applicant could spread out their proposed landscape plan towards the Chippendale
side of the property. Nemcek stated that would be a possibility.
Commissioner Clements inquired what the notification requirement was for the project. Nemcek confirmed that
properties up to 500 feet from the applicant’s property were noticed.
Chair Kenninger inquired if the City would be able to take a look at the current colors of the garage doors. Lindquist
confirmed that they would.
The public hearing opened at 8:35 pm.
Public Comments:
Sally Janikowski, 15612 Cornell Trail, stated that she is alarmed and does not support the proposed building being three
stories.
Zell Cantrell, Galloway & Company, Inc., 6162 South Willow Drive, Greenwood Village, CO, stated that he agrees that
the block and brick will look better vs. just a brick building. Mr. Cantrell stated that the landscaping can be moved
around the site and suppliment the existing landscaping along Chippendale.
Dan Matula, Public Storage, 1730 South Abilene Street, Aurora, CO, stated that the storage industry has really changed
as of late. The climate controlled, indoor facility is the current demand. Mr. Matula stated that the proposed building will
have about 980 units and a fully enclosed drive through loading lobby.
PLANNING COMMISSION REGULAR MEETING MINUTES
April 24, 2018
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Commissioner Mele inquired if the garage doors at the loading lobby will be a clear glass. Mr. Cantrell confirmed that is
correct.
Commissioner Clements stated that this sort of building is out of character for this neighborhood.
Commissioner VanderWiel inquired if the applicant would be willing to reduce the amount of orange on the building,
particularly along the top of the building so it doesn’t draw as much attention to the height of the building. Mr. Matula
stated that they would be open to discussing the topic with City staff.
Commissioner Clements inquired if applicant would have the square footage on the property to construct a one story
building instead of the three story. Mr. Matula stated that they do not, seeing that there is an easement on the property.
It would also not be very cost effective.
Chair Kenninger questioned if the zoning ordinance over rides the PUD. Nemcek stated that the PUD is the zoning
code for that specific site. Lindquist stated that because the property is located in the business park district the
application combines current BP standards but which would not be required under the current PUD. The ordinance
doesn’t regulate color and the Commission would need to have a unique circumstance to limit colors on a building.
Commissioner Mele stated that the orange on the building is the applicants architectural branding. VanerWiel agreed that
she isn’t recommending all the orange be removed from the building since that is the company’s color. She would
anticipate the front entrance to remain as is for example.
MOTION by Mele to close the public hearing.
Second by Clements.
Ayes: 6. Nays: 0. Motion Passes.
The public hearing was closed at 8:57 pm.
Additional Comments: None.
MOTION by VanderWiel to recommend the City Council approve the Major Amendment to the Secure Mini
Storage Planned Unit Development to Construct an Enclosed Self Storage Facility, subject to the following
conditions:
1. Provision of a landscape surety in the amount of $1,980.00
2. Approval and recording of an updated easement agreement for the drainage and utility easement
located interior to the site.
3. Selection and placement of the rooftop mechanical equipment so that the parapet wall shields the
equipment from public view.
4. Non-essential lighting shall be turned off after business hours.
5. Approval of a sign permit application for any new signage on the site.
6. Provision of a $50,000 bond or letter of credit for work to connect to city utilities within Chippendale
Avenue.
7. Payment of $45,355.51 for offsite ponding.
8. Conformance with all requirements of the City Engineer as detailed in the Engineer’s Memo dated
April 17, 2018.
9. Applicant work with Staff to revise the landscape plans and to consider revising some of the design
elements.
Second by Reed.
Ayes: 5. Nays: 1. Motion Passes.
Five-minute recess at 9:01 pm.
PLANNING COMMISSION REGULAR MEETING MINUTES
April 24, 2018
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6.d. Request by SKB Environmental for a Master Development Plan, PUD Final Site and Building Plan and Simple
Plat for a Metals Recycling Facility and Maintenance Shop. (18-21-PUD and 18-22-SMP Formerly: 17-08-PUD and 17-
16-SMP)
Senior Planner Klatt gave a brief summary of the staff report for the Planning Commission.
Commissioner Clements stated that the site is turning into a mining site without the mining permit.
Commissioner VanderWiel stated that she agrees with Commissioner Clements and stated that she feels more
comfortable now that the EAW has been completed.
Commissioner Reed inquired if there were any comments from residents at previous meetings. Klatt stated that there
were none at the last meeting and one resident at the prior meeting that had questions on the separation between her
property to the north and the applicants buildings.
The public hearing opened at 9:53 pm.
Public Comments:
Ryan O’Gara, SKB Environmental, 13225 Gallaria Court, Apple Valley, stated that the initial concept plan approval
indicated that the project would be removing sand from the property. Mr. O’Gara stated that they agree with all of the
proposed conditions except for two; the first being the acceleration lane. Mr. O’Gara is concerned that if MnDot does
not approve the lane then their project would be stalled. The second being the park land dedication fee. This fee was not
brought to their attention until the end of this application process.
Commissioner VanderWiel stated that she strongly disagrees with Mr. O’Gara’s comments.
MOTION by VanderWiel to close the public hearing.
Second by Clements.
Ayes: 6. Nays: 0. Motion Passes.
The public hearing was closed at 10:12 pm.
Additional Comments:
Commissioner Mele inquired if MnDot does not approve their application what happens to the project. Klatt stated that
staff believes MnDot will support an acceleration lane if it is designed and built to their specifications. Asst. City
Engineer Hatcher stated that this recommendation stems from the EAW and that MnDot has reviewed the traffic study.
Commissioner Clements questioned that if the commission passes this item tonight do they miss their opportunity to
change the wording in the ordinance before they start digging. Klatt stated that if you have concerns with the project
then you can use that for your basis of your vote. Staff will be coming forward with an ordinance amendment that will
not allow mining of a site relating to site development but it will not impact this project, but would affect any future
phases.
MOTION by Mele to recommend the City Council approve a Planned Unit Development (PUD) Master
Development Plan and PUD Final Site and Building Plan for the SKB Metals Recycling Facility, Maintenance
Shop, and Waste Exchange Operation with the following conditions:
a. Execution of a PUD Agreement.
b. Payment in lieu of required trees of $68,100.00 (calculated as 227 trees x $300 per tree).
c. Entry signs shall be subject to sign permits and normal zoning standards. Appropriate sight distances
must be maintained.
d. Secure a NPDES construction storm water permit.
e. Erosion control best management practices such as silt fence, inlet protection, and a stabilized
construction entrance will be in place during construction to reduce sedimentation and prevent
erosion from the site.
PLANNING COMMISSION REGULAR MEETING MINUTES
April 24, 2018
PAGE 8
f. The landscaping on the site shall utilize native plant species. The landscape plan shall be updated to
incorporate additional native trees and shrubs for diversity.
g. Tree protection must be installed prior to the start of any grading.
h. Pollinator-friendly seed mixes shall be used as ground whenever possible in place of rock, mulch or
turf grass.
i. The buildings on the site will be required to connect to public sanitary sewer service within one year
of this service being extended and available to the site. The City will plan on a service connection in
the location shown on the site development plans.
j. An acceleration lane must be installed at the exit to the landfill at Highway 55. The acceleration lane
must be reviewed by MnDOT, and shall be completed prior to completion of the first building within
the PUD area.
k. The septic treatment area shall be clearly delineated on the development plans and conflicts with
other activities in this area, including utilities, vehicle access, landscaping and other site improvements,
must be avoided.
l. The septic system must comply with all applicable city and state regulations with a final design and
location approved by City.
m. Execution of a subdivision agreement, or other form of agreement as approved by City, pertaining to
the water main extension.
n. The driveway access at Ehlers Path entrance is restricted to employees and service vehicles only.
Truck access shall be limited to the landfill connection road. No vehicles coming to or from the
landfill site may use the Ehlers Path entrance.
o. An operating permit for holding tank is required and the tank must be pumped at frequencies
identified in permit.
p. The grading permit must include a phasing plan approved by the City and detail the proposed timing
of excavation of gravel material, the construction of buildings and site infrastructure, the installation
of the septic system, and construction of the storm water pond.
q. No outside storage is allowed.
r. The storm water pond will be designed to include an area for infiltration as required by the City.
s. Tree clearing and grubbing will occur between August and March to avoid impacts to endangered
species within the project area.
t. Dust control measured shall be used throughout the site to control dust from gravel hauling and site
operation.
u. The applicant shall comply with state noise standards.
v. Compliance the City Engineer’s review memorandum dated April 19, 2018.
w. Compliance with the mitigation strategies included in the EAW for the project.
Second by Reed.
Ayes: 6. Nays: 0. Motion Passes.
MOTION by Freeman to recommend approval of a simple plat for SKB Rosemount 1st Addition subject to
the following conditions:
a. Execution of a subdivision agreement concerning the extension of a City water main to the
project site.
b. Payment of a fee in lieu of park land dedication of $260,000 for 52 acres of General Industrial
Land.
c. All easements as required by City shall be included on the final plat.
Second by Clements.
Ayes: 6. Nays: 0. Motion Passes.
PLANNING COMMISSION REGULAR MEETING MINUTES
April 24, 2018
PAGE 9
6.e. Request by City of Rosemount for a Simple Plat at Canada Circle. (18-25-SP)
Community Development Director Lindquist gave a brief summary of the staff report for the Planning Commission.
The public hearing opened at 10:21pm.
Public Comments: None.
MOTION by Clements to close the public hearing.
Second by VanderWiel.
Ayes: 6. Nays: 0. Motion Passes.
The public hearing was closed at 10:22 pm.
Additional Comments: None.
MOTION by Mele to recommend the City Council approve a Simple Plat for Canada Circle without
conditions.
Second by Clements.
Ayes: 6. Nays: 0. Motion Passes.
Old Business: None.
New Business:
8.a. Request by Prestwick, LLC for the Final Plat Approval for Prestwick Place 15th Addition. (18-17-FP)
Planner Nemcek gave a brief summary of the staff report for the Planning Commission.
Commissioner Mele clarified that the current commission required the double sided sidewalks on the northern street.
MOTION by VanderWiel to recommend that the City Council approve the Final Plat for Prestwick Place 15th
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
stormwater buffer strips. Fences are not allowed in the conservation easements.
4. Sidewalk should be extended along the north side of 140th Court.
5. Provision of $14,520.00 for Landscaping Surety.
6. Provision of $132,600.00 for Fee-in-Lieu of Park Dedication.
7. Compliance with the conditions and standards within the City Engineer’s Memorandum dated April
16, 2018.
Second by Clements.
Ayes: 6. Nays: 0. Motion Passes.
Reports: None.
Adjournment: There being no further business to come before this Commission, Chair Kenninger adjourned the
meeting at 10:28 pm.
Respectfully submitted,
Stacy Bodsberg, Recording Secretary