Loading...
HomeMy WebLinkAbout01282025 PC MinutesROSEMOUNT PLANNING COMMISSION REGULAR MEETING PROCEEDINGS JANUARY 28, 2025 CALL TO ORDER/PLEDGE OF ALLEGIANCE Pursuant to due call and notice thereof a regular meeting of the Planning Commission was held on Tuesday, January 28, 2025, at 6:30 PM. in Rosemount Council Chambers, 2875 145th Street West. Chairperson Kenninger called the meeting to order with Commissioners Rivera, Buggi, Reed, Beadner, Ellis, and Whitman. Staff present included the following; Community Development (CD) Director Adam Kienberger, Senior Planner Anthony Nemcek, Planner Julia Hogan, and CD Technician Liz Kohler. ADDITIONS TO AGENDA None. AUDIENCE INPUT None. CONSENT AGENDA a. Minutes of the December 16, 2024 Regular Meeting Minutes Motion by Kenninger Second by Beadner Motion to approve the Minutes of the December 16, 2024 Regular Meeting Ayes: 7. Nays: None. Motion Carried. OLD BUSINESS a. Request by Danner, Inc. for renewal of its Small Scale Mineral Extraction Permit for 2025. Motion by Kenninger Second by Reed Motion to continue the Public Hearing until the Planning Commission Meeting on February 25, 2025, so that the applicant can provide the City results on haul-back material testing. Ayes: 7. Nays: None. Motion Carried. PUBLIC HEARINGS a. Request by Greg Steininger for Renewal of a Small Scale Mineral Extraction Permit for 2025 and 2026 CD Technician Kohler presented on a request for the renewal of the Max Steininger Inc Small Scale Mineral Extraction permit for 2025 and 2026. The mining operation is currently in Phase one and will not begin mining Phase two until at least 70 percent of Phase one has been reclaimed. No haul back material was brought into the site in 2024. Kohler showed the site plan, aerial imagery, and site photos. Staff recommended the Planning Commission recommend approval of the renewal of the permit for 2025 and 2026. Chairperson Kenninger opened the public hearing. Motion by Kenninger Second by Ellis Motion to close the public hearing Ayes: 7. Nays: None. Motion Carried. Motion by Reed Second by Buggi Motion to recommend that City Council approve the renewal of the Max Steininger Inc Small Scale Mineral Extraction Permit for 2025 and 2026 subject to terms and conditions in the attached Draft Conditions for Mineral Extraction. Ayes: 7. Nays: None. Motion Carried. b. Request by Magellan Land Development for approval of rezoning land from A-2 - Agricultural to R-2 - Low to Medium Density Residential and a Preliminary Plat to development 58 townhome units. Planner Hogan presented a request for the rezoning from A-2 Agriculture to R-2 Low to Medium Density Residential and preliminary plat approval for the development of 58 townhomes. Hogan showed the site location. The future land use designation is R-2 Residential which allows for up to six units per acre. The proposed site is ten acres, and the development density would be six units per acre. The site will be accessed through a single public street. Hogan also presented the site and landscaping plans. The Parks and Recreation Department reviewed the plans and is recommending an eight-foot-wide trail be benched in on the west side of the site. The city is not looking to acquire parkland, so they will be requesting cash-in-lieu as the park dedication. Hogan mentioned that the developer held a neighborhood meeting on January 15th at Fire Station Two, which had two resident attendees. There was a public comment letter received and a phone call from a resident as well. There was conversation surrounding the area around the site, future development and transportation. Chairperson Kenninger asked about plans for the property to the south as it relates to access to Akron and the number of curb cuts. Nemcek responded that there would just be the singular access from Akron if developed and the public road would be extended into the souther property. Commissioner Kenninger asked about the future land use being guided as Low Density Residential. Hogan clarified that both R-1 and R-2 are allowed land uses in the guided land use of the comprehensive plan, and that R-2 is allowed as a secondary zoning. Commissioner Kenninger opened the public hearing. Jason Palmby 7129 Heatherton Trail Palmby stated that he was the applicant and could answer any other questions for the commission. Emily Becker 5354 Parkdale Drive St Louis Park Becker stated that she works for MI Homes and that the price points will be between 385 to 425 thousand for the townhomes. She said that they are designed to look like single family homes and are 29 feet in height, similar to a single-family home. Becker confirmed that the townhomes will be for sale, not for rent. Commissioner Beadner asked about feedback in the neighborhood meeting. Becker responded that there were only two people but one asked the question of if the townhomes would be for sale versus for rent and the other stated that they would rather see single family homes. Becker reiterated that townhomes are an allowed use in the zoning district. Greg and Beth Bergacker 13080 Akron Ave The Bergackers expressed concern over the development. They are worried about people coming into their yard, particularly with the park to the south of them. They said that people have walked through their yard in the past and that they hunt on their property and are worried about people getting hurt. They stated that when the park to the south of their property was created that they were told a fence would be going in, but a fence has not been constructed. They are also worried that the townhomes will be turned into a rentals and will be neglected. They stated that there was a five-day notice for the neighborhood meeting, but they were on vacation and would have otherwise attended the meeting. They asked that the developer put in a privacy fence to ensure people stay out of their yard. Danielle Kent 12870 Amiens Ave Kent stated that she did not receive the neighborhood meeting letter until after the meeting had occurred and would have otherwise attended. She asked about additional safety measures for the project since there will not be a turn lane put in going into the new development. She expressed concern over traffic safety and stated that she already sees a lot of people almost get in car accidents on Akron. Motion by Kenninger Second by Reed Motion to close the public hearing Ayes: 7. Nays: None. Motion Carried. Hogan clarified that Dakota County will be requiring a turn lane to access the site. She said that Akron Avenue is a major county road and that the county looks into the traffic volumes and had no issues wiht the development occuring in relation to traffic. Chairperson Kennigner asked if it will be a turn lane for someone turning left into the development or right. Nemcek stated that there is already a center turn lane on that road, so it will be a right turn lane. Commissioner Beadner asked about the trail that would be put in and if it would be cut off at the property line. Hogan responded that when development occurs to the south the trail would be put in. Commissioner Kenninger asked about the park fence mentioned by the property owners to the south. Hogan responded that the Parks and Recreation Director had conveyed that a fence was not required for the development of the park, so the city has not constructed a fence. Becker addressed the fence on the south of the property and stated that the landscaping identifies the property line fairly well. The HOA agreement will be maintaining the regulations on maintenance, including outdoor storage. She also said that the HOA will be maintaining the outlot, snow removal, and lawn care. She stated that rentals are allowed in their units, but they are not common. Commissioner Reed asked if a fence was out of the question. Becker stated that it would be difficult to construct a fence with the required landscaping. Nemcek stated that there are no instances to staff’s knowledge of requiring a fence between two residential uses. He stated it has occurred between differing uses, such as a commercial and residential lot next to one another, but not for two sites with residential uses. Commissioner Whitman asked if this was a special circumstance because of the park and if it was feasible that it seemed reasonable. Commissioner Reed echoed Whitmans sentiment. He also asked if the fence on the park side would be helpful to avoid foot traffic through the southern property. Commissioner Beadner stated that a fence could be added as a condition. Chairperson Kenninger stated that people might just walk around a fence anyway. She asked if there was a sidewalk on the east side and if they would cross the street twice in order to walk down on a sidewalk. Hogan responded that there is no sidewalk and residents would need to cross the street. Commissioner Buggi brought up the road on the plans and if the small section of street is necessary if the property owners to the south are not planning on selling in the near future. Nemcek responded that it is a requirement from the county as a part of their plat approval process. The Commission questioned if there was an easement or something that could be done to establish the trail prior to any sale of the property to the south of the site. Kienberger reminded the Commission that they have the ability to continue an item and because it is not a PUD it is more difficult to leverage conditions on the approval. He stated that continuing the item could give the developer time to find other solutions for the problems that had been brought up. Commissioner Reed stated that he would like to continue the item so that the developer could come up with other solutions and Rivera agreed. Commissioner Ellis stated that the current proposal meets the zoning requirements and that when the item is brought back the commission is bound to approving the plan as it meets those requirements. Chairperson Kenninger said that they could approve tonight and recommend the developer work with the homeowner prior to the City Council meeting. She said that the plan does meet the requirements and the Commission cannot really add an additional condition. Commissioner Whitman stated that the commission has a duty to address concerns regarding safety and that staff should make sure that there were no requirements for a fence on the park side. Commissioner Reed asked if they could approve the rezoning but defer the decision on the preliminary plat. Kienberger advised against separating the two actions since it is the same development. Palmby came back to the podium and said that they could work toward a solution with the property owner to the south and the city if approved. He asked if the item is tabled what direction would need to be taken. Chairperson Kenninger replied that they would need to address the safety concerns about the sidewalk and fence. Palmby stated that the county had implied that any construction of sidewalk or trails would be driven by further development in the area. The Bergackers returned to the podium and stated that there is a steep embankment in that area and any trail development would require a lot of grading. Palmby stated that they can work toward a solution. Commissioner Ellis clarified that the park to the south is an athletic complex and is not necessarily a playground type park. Commissioner Reed asked if the county had addressed the crossing concerns. Nemcek stated that the long-term plan is to have a trail on the east side of Akron Ave. He said that there is a possibility of some right-of-way acquisition in the future. Commissioner Reed asked if that was a possibility to be resolved by the next meeting if the current plan is tabled. Nemcek said it likely would not be figured out within a month. Commissioner Whitman asked about the community meeting requirements. Hogan responded that staff could require the meetings for certain projects and that to her knowledge the developer met any necessary requirements. Kienberger responded that the notice requirements are not the same as the City's public hearing notices. Commissioner Whitman asked about land use designation and how long that has been in effect. Hogan responded that it was adopted with the 2040 Comprehensive plan and there was a public comment period in 2019 for the 2040 plan. Commissioner Whitman brought up the letter that was sent in and the concerns regarding varying intensities of adjacent properties and asked if staff had any concerns with that. Hogan replied that staff does not have any concerns regarding differing densities. Motion by Reed Second by Buggi Motion to continue the item to the February 25, 2025 meeting. Ayes: Kenninger, Rivera, Reed, Whitman, Buggi, Beadner. Nays: Ellis. Motion Carried. c. Request by North Wind Test, LLC., for Preliminary and Final Plat approval and rezoning of 60 acres from A-2 to B-2 Senior Planner Nemcek present on a request by North Wind Test the Preliminary and Final Plat and rezoning of 60 acres from A-2 Agricultural to B-2 Employment. Nemcek presented the site location and the proposed plat of two parcels. One buildable lot and one outlot which would be the site of a future substation; however it could be a buildable lot. Nemcek stated that the rezoning is consistent with the city's land use plan and the area has recently been brought into the MUSA boundary to allow for development. He also showed a preliminary site plan. Staff recommended that the commission recommend that City Council approve the request for a preliminary and final plat and the rezoning. Commissioner Reed asked for clarification of the plans for the roadway that currently runs through the site. Nemcek described the existing roadway's status as a private, University-owned road and how it would be replaced by the new east/west road along the northern site boundary. Chairperson Kenninger asked about the traffic impact analysis that was included with the packet and how it fits in with other development occurring in the area. Nemcek described that how the analysis is one piece of the puzzle and is taking other development into account in its analysis. Commissioner Reed asked how the responsibility for the remediation of environmental concerns would be determined. Nemcek deferred to the applicant as that responsibility would be determined as part of the purchase agreement. Chairperson Kenninger opened the public hearing. David Meyer 358 East Filmore Ave St Paul Meyer gave an overview of North Wind and their previous work and buildings. Their goal is to establish a premier aerospace testing complex site. North wind will be operating it themselves for the next 50 to 100 years. They are partnered with the University of Minnesota and their College of Science and Engineering. Leslie Krueger 3191 15th Ave SE Minneapolis Krueger stated that she is representing the Regents of the University of Minnesota. She gave an overview of the history of the site and brought up that the site has an area of environmental concern associated with it. She said that the MPCA is supervising the University of Minnesota and North Wind to ensure compliance. Krueger said the project will extend the public infrastructure as well. Donald Mullen 353 West 7th St Saint Paul Mullen stated that he was speaking in favor of the project and that it could be really good for the community. Amanda Taylor 1805 Standford Ave St Paul Taylor stated that she was present on behalf of Greater MSP the regional economic development partnership for the Minneapolis-St Paul region. Taylor spoke in favor of the project as it enables opportunity and economic investment. She said the project will advance the region's leadership and innovation, technology, and research and development. It would be the country's premier aerospace testing complex and a competitive asset for the city. Motion by Kenninger Second by Reed Motion to close the public hearing Ayes: 7. Nays: None. Motion carried. The Commission voiced their excitement for the project. Commissioner Beadner asked if large equipment would be brought in for the testing. Meyer stated that they will be completing testing on scale models. Chairperson Kenninger asked about noise and if testing will be indoors. Meyer confirmed that it would be indoors and would be quiet. Motion by Reed Second by Beadner Motion to recommend the City Council approve a rezoning of the subject parcel from A2 - Agriculture to B-2 Employment. Ayes: 7. Nays: None. Motion Carried. Motion by Reed Second by Beadner Motion to recommend the City Council approve the North Wind Addition preliminary and final plats, subject to the following conditions: 1. Execution of a subdivision agreement. 2. Development fees not paid for Outlot A must be submitted are due prior to approval of a building permit for the future substation. 3. Payment of $515,950 in lieu of park land dedication. 4. The developer is responsible for the costs of constructing a bituminous trail along the western side of the Blaine Avenue extension. 5. Conformance with the comments contained within the engineer's memo dated January 23, 2025. 6. Approval of a rezoning of the subject property from A-2 to B-2 in conformance with the City's Comprehensive Plan. Ayes: 7. Nays: None. Motion Carried. NEW BUSINESS None. DISCUSSION Nemcek reminded that the March meeting will be a week earlier and on a Monday. It will take place on the 17th of March. Chairperson Kenninger stated that she will not be present at the April meeting. ADJOURNMENT There being no further business to come before the Planning Commission at the regular Commission meeting, the meeting was adjourned at 7:58 p.m. Respectfully submitted, Liz Kohler Community Development Technician