Planning Commission - 09 Dec 2019
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you you you you okay good evening it is 30 and I will call it a meeting of the Planning Commission to order the first item on the agenda is the adoption of the agenda staff any changes done from staff commissioners Oh is there a motion I move to dot hi second any discussion all those in favor say aye all those opposed say nay motion carries the second item on the agenda is to approve the minutes from the November 25th 2019 meeting Stephanie changes none from staff commissioners adopted minutes Oh second that any discussion all those in favor say aye aye all those opposed say nay motion carries so the third item on the agenda is the public hearing for the city of Burnsville for a zoning map amendment to rezone various parcels of land which currently holds owning designations that are not consistent with their guided use as depicted in the city's 2040 future land-use guide plan presented by miss Arnold Thank You chair good evening planning commissioners so the 2040 comprehensive plan was adopted by the City Council on July 16th of this year state law does require that city zoning maps be consistent with their approved land-use plans so the proposed rezoning would make the city's zoning map consistent with its approved 2040 land-use guide plan the rezoning czar considered kind of a housekeeping matter non-controversial in nature most of the public outreach related to the land use change on these properties was done prior to submit all of the city's comprehensive plan to the Metropolitan Council for approval so there were many open houses and different outreach opportunities during that period of time as well as an open house specifically for property owners whose properties were being regarded to new land uses as part of the 2044 Cosel so those same property owners got letters prior to this meeting related to the rezoning portion to be consistent with that new land-use so this is an overall map of the city that shows the nine general areas of properties that are to be a rezone and then I'm gonna go through pretty quickly some of the specific rezoning areas there are 23 line items so I'll move through pretty quickly so that but if you have questions I can go back to any of them these two properties they're city-owned the one on the left is a Conservancy proposed to be rezone to a Conservancy District it already has some title restrictions on it that it is a conserved piece of land the property on the right is an outlet original part of the summit Shores townhome development that is a city-owned property and it's a steep hill with and it's proposed to also be rezone to a Conservancy District it maintains its Planned Unit development zoning because it was part of the original summit Shores Planned Unit development when that was developed these next two properties the left is proposed to be rezone to Conservancy it is a city stormwater pond city-owned parcel the properties on the right are the properties within the Burnsville Center Planned Unit development there are other properties near the Burnsville Center that are proposed to be reefs owned to mixed-use as well but these properties are the ones that are specifically in the prudence of Center Planned Unit development so they will the rezoning does affect just their base zoning layer from the 3 to mix it doesn't interfere with any of the plan unit developments so that's consistent among all the properties that are proposed to be rezone just action this evening these two properties or sets of properties are also proposed to be rezone to mixed-use near the Burnsville Center area as well as other retail centers that are surrounding the principal center this comes from the center village vision Gide plan that the city participated in last year there are a few more properties I'm including a multi-family development that will be rezone to mix use and some office buildings that will be rezone this one on the left here is also an office building that will be reason to mixed-use moving on to other areas of the city the Colonial Road shopping center is a b2 neighborhood business district near McAndrews and Nicolette that's being proposed to be rezone to mixed-use there is mixed-use across the street in that condo development that's a mixed use zone so it is nearby other mixed-use properties on the left here Vista view these are a set of multifamily buildings and they were previously zoned r1 and were part of the Vista view plat for a single-family subdivision they're now being rezoned and they were regarded to medium density residential to be consistent with their actual land use as well as their future land use the property comes right here it's owned it's called vacant Baldwin parcel it's coming up with some creative names here by someone whose last name is Baldwin and it previously had a single-family home on it which is why even though it is continuous with the office building or multi tenant building next to it it used to have a single-family hold on home on it it's now being rezone to mix use as well as many of the properties to the east of it for example the land plaza plant there are three properties within that plat that are being rezone to mixed use and as an aside I'm in this general area you can see that there are a few hotels that are being rezone to mixed-use currently in the mixed use zoning district hotels are not a permitted use in our housekeeping changes in the beginning of 2020 one of the proposed housekeeping changes will be to have Hotel be a permitted use within that zoning district it is permitted in the heart of the city district as well as some of our other business districts so that's a change that staff will be proposing as part of those housekeeping zoning amendments to kind of further some of the Comprehensive Plan implement the properties to the south of those hotel properties in that plat are also proposed to be rezone to mixed-use and this does include an additional hotel as well as some restaurant and retail commercial uses one more property in that area is also to be rezone to mixed use the properties surrounding the Minnesota Valley Transit Authority are proposed to be rezoned to mix use as well and north of heart of the city and encompassing the Transit Center a city-owned parcel as well as the Dakota Station multifamily apartment building that is nearby in the northeast part of the city of the cliff view commercial park is proposed to be reuse owned from b32 mixed-use as well as the Riverview Center on the edge of town near the Eagan border and then lastly there are two twin homes that are proposed to be Reese owned two are to the homes immediately to the east within this same plant or all zoned r2 so these are zone to be consistent with their guided liam used as well as that development so staff is recommending that the Planning Commission recommend approval of the zoning map changes and accordance with the property legal descriptions that are within the ordinance attached to your background report as well as in in your background report itself and this is a public hearing and I can stand for questions or go back to any properties if we need to okay thank you for sure Jen so what is mixed-use what is the benefit of making a mixed-use over what they're currently are sitting is so mixed use is a in all of our commercial zoning districts or even industrial districts it doesn't necessarily mean that each building is restricted to just one use there could be multi tenant buildings with a variety of uses the mixed-use zoning district allows for a blend where it could be residential it could be a commercial they could be in the same building they could be in the same general development there's higher densities that are permitted higher building height that is permitted it's meant to be a more a slightly denser than a typical commercial district as well as incorporating that housing which is what makes it more of a mixed-use than not just a multi tenant building it's that residential element as well and you said hotels are not included that currently currently they're not in the that zoning district chapter is there anything else that would be questionable that are in these places now or no based on the existing uses there was nothing that was brought to staffs attention during this process and as part of staff's work with a consultant to come up with the new transit oriented development zoning districts and further changes to that district maybe may come before the Commission but that's still to be determined for the results of that study okay thank you you're welcome I do have a question just out of curiosity how did these properties get out of consistency with the 2040 plan how how did that happen such a 2040 plan which plans for the land uses of properties 20 years in advance that staff worked with a consultant to created over the last three or four years chose and did through property research and looking at trends and development areas of the city that were either ripe for redevelopment or that the city would maybe like earmarked for some sort of investment so it was part of the 2014 that rege itíd them to a new land use and now the zoning is changing as well to keep up to keep oh so this is all part of planning for the future all right spell gray by 2040 thank you any other questions commissioners okay with that I will open the public hearing at 6:40 p.m. there's anybody from the audience who wishes to speak please come to the podium No - I will close the public hearing at 6:41 p.m. any other discussion commissioners yes I'd like to make a motion I move that the Planning Commission recommend approval to the City Council of the following zoning map changes in accordance with property legal descriptions provided within the body of this report and the attached ordinance amendments listed all 23 of them yes I'll second the motion okay any other discussion all those in favor say aye aye all those opposed say nay motion carries and this will be heard at the December 17th City Council meeting yes okay great the fourth item on the agenda is a public hearing for Northland real estate group LLC for a rezoning from r11 family residential to mixed-use Planned Unit development concept and development stage PUD preliminary and final plan of a tool a commercial subdivision variance and conditional use permit for subdivision Shore land and zoning ordinance lot yard steep slopes setbacks building height impervious surface and performance standards to construct a hundred units inner apartment project located south of Grace United Methodist Church at 150 309 maple Island Road thank you so this item is requested to be continued to the January 13th to the 2020 Planning Commission meeting the next meeting on your agenda so the city and other governing bodies such as the Minnesota Department of Natural Resources are still reviewing new plans depicting the site and situation of this proposal so staff is recommending a continuance of this public hearing to your next meeting because the city was notified that there are additional reviewed by the DNR after publishing of the public hearing notice the public hearing would need to be opened and then continued to the next meeting so there are no plans before you and your packet this evening and they have not been fully reviewed yet Thank You commissioners any discussion okay and I will open the public hearing at 6:43 p.m. there's anybody from the audience who was just to speak about this item please come to the podium okay well round up to 644 or nope I'm not closing the public hearing I'm sorry continue yeah okay so is there a motion to continue this to January 13th okay I move that we continue this public hearing to the January 13 2020 regular Planning Commission meeting first thing I'll second any further discussion although it's in favor say aye all right all those opposed say nay and this will be continued to January 13th thank you so with the fifth item on the agenda is to discuss the Planning Commission's 2020 work plan led by Miss Arnold thank you again you may remember this from last year and you may not but the each year the Planning Commission prepares a work plan for for the next year four items to discuss whether they be potential ordinance amendments items of discussion and study items that maybe they have come up with after seeing applications before them throughout the year or maybe once the staff through their discussions with applicants or potential applicants have noted as items for further study so within this last year the process has been that we staff would prepare this draft work plan based on those discussions and provide this to you as a commission or feedback maybe you have items that you feel would be worth discussing maybe you feel there's an item that staff came up with that you want to prioritize and have it earlier in the year something like that if there's any feedback the City Council may add additional items after discussing topics related to planning and Community Development at the all-day work session which will be January 31st of 2020 and then Planning Commission will recommend to the City Council approval of their finalized work plan and then the work plan will be approved by the City Council where the Planning Commission chair will present that work plan to the council at their February 18th meeting the meeting following the ball date work session so on your 2019 work plan many of the items have actually been completed so you may be familiar with the sign ordinance review and that was a lengthy process of more than a year this with item was continued from the 2018 work plan and staff did process to ordinance amendments are related to the sign code this year so that was completed the 2040 conference of plan update and just a few minutes ago staff did the first step of implementing the 2040 comprehensive plan more of that implementation is going to continue into the next year implementing various stages of the plan it is a long-term proposal 2040 so there are many things to be discussed with that you may see some housekeeping zoning ordinance amendments in the early new year building size requirements this past late spring that was removed from the b4 zoning district that was a work plan item that was finalized the solar ordinance annual update was held in September that will come back and continue to be an annual update on the Planning Commission work plan the economic development strategic plan is still in implementation there have been a few work sessions related to the transit oriented development ordinance which in early 2020 we should have a draft prepared for public hearing related to that zoning ordinance amendment the Planning Commission did discuss administrative review of plenty of developments and conditional use permits not their September check-in meeting and decided that a formal update again in one year would not be needed on that topic so that item can be crossed off the list an implementation of the center village redevelopment vision is still ongoing it was also a long year plan with implementation goals of up to 20 years in advance zoning ordinance updates related to the lower Minnesota River watershed district plan is still proposed to be on the 2020 work plan as ordinance amendments are anticipated related to the update of that districts plan the parking ordinance you've also held work sessions on and staff does anticipate bringing forward a draft ordinance I'm in early 2020 as well for public hearing related to our parking provisions for new items on the 2020 draft work plan as mentioned these first five six items will are continued from last year and most of them are long time implementation of plans as well as annual updates some new items that are proposed to be on the year 2020 work plan this year there was some discussion earlier this year on building perimeter landscaping and the what defines that what encompasses that if we're granting deviations to that should that maybe be looked at what should the standard be so that's proposed to be a discussion as to how we implement that ordinance and our development projects this year similarly landscaping requirements in the open space on large parcels is proposed to be discussed this has also come up both in building permits that staff has reviewed as well as items that came before the Planning Commission these we as a staff anticipate running concurrently although they're separate topics if an ordinance been proposed it's the same chapter so it would benefit the city to amend both at the same time if that was necessary but maybe out of the discussion the Commission will decide not to amend that ordinance and that it's working as intended so that discussion could go in a few directions the next-to-last item that's proposed to be on the work plan is related to farmers markets and temporary seasonal sales based on discussion with city council and their goals and recently have been on being more business friendly but also creating more community spaces and where farmers markets and temporary seasonal sales are allowed is restricted by the ordinance and so staff is proposing that that be something that is looked at this year those provisions if there were ordinance changes would be shared with the Economic Development Commission as well as part of a draft ordinance and then the last item on the draft work plan does building expression which in your background report the city we did try to describe this as succinctly as we could but after some discussions with branding this last year and discussion with different property owners and building owners in the city there seems to be a desire to use the building space to show things that aren't necessarily just signage and maybe it's not necessarily a mural but it's something like a bargaining material or a building ramp so this item would be to look into how this building expression could be allowed by the ordinance within our current ordinance standards murals cannot be commercial speech so this is something that may affect the sign ordinance it may affect our permitted building materials as we look at something like a building rap so this could be a multi-dimensional discussion to see what this is and bringing in some feedback from our branding consultant from this year as well as discussions with about public art and expression in our community kind of goes along with that I don't the end of my slideshow so other topics could be added to the work plan you know per the Planning Commission direction steps and we are also looking for feedback on things that the Commission would be interested in doing in 2020 whether that's training more interactive tours with the properties that you may see come before you or maybe ones that are under construction that were approved earlier in the year or just other ways to engage experts and bring new information and and new discussion topics into the Planning Commission outside of the normal items and applications that come before you so I'll open that to you for discussion this isn't I'm an item that needs a motion that would come later for approval of the work plan this is just a discussion to see what your thoughts are and what staff has come up with and what you may have been considering on your own great Thank You commissioners Commissioner Robert just two questions in regards to the Farmers Market stuff I know in regards to being flexible and things like that with business is there any need to push that a little earlier than next year fourth-quarter these are some talk about needing it for this coming spring summer so that hasn't the timing of it hasn't been an area that staff has been really I guess persistent on just based on our ability to bring for ordinance amendments we have quite a few things coming in the beginning of 2020 really that are leftover items from 2019 it could possibly be pushed up earlier in the area if that's something that you think should be prioritized before the summer season questions so it will be slammed if we try to put that in early so I if it was something that could be fine but if not you can wait all right the other thing was the building expressions I ticket there's gonna be somebody here who's gonna give us a lot of ideas or examples of what they're talking about that would be the goal is when this when this comes up that there are other people maybe in the marketing field that we can bring in for their input into what this means and how we as staff members can talk to marketing people who are pitching these ideas to us and how we find a way to work with them to make this work in a way that meets our ordinance commissionaire Awad so my question was about metal roofing metal roofing on houses which is not allowed by the you know by the zoning ordinance I guess allowed by conditional use permit is that something that can be you know is this that is this the place to kind of bring up the discussion whether that should change or not so no in a normal situation yes that would be so City Council has given us direction to incorporate that into the house keeping zoning amendments so it would not be a full-blown discussion item on a work plan in this case but other topics like that yes that this would be the opportunity to add those to the work plan or see if other commissioners were interested in discussing some of that in 2020 but that particular topic is already in the works excellent job Commissioner Jenna I was curious on our resident architect if he's seen things on this built building rap thing is a happening thing you know I know I'm curious what what that is - I'm without giving too much away and think of maybe the U of M campus and the way that there are hospitals like the Children's Hospital for example that has the like multicolored shimmery you can see that building and you know what it is mm-hmm that is how it has been described to staff okay like the same sign our names that green thing going on there kind of like that but more on a larger scale like a zoning ordinance for architectural materials we don't regulate color so that's necessarily not what would be holding someone back from making their building hot pink but maybe if they're wrapping it and it's maybe it's a temporary installation and it's but it's not a banner it's not a mural yeah what is that type of display it's my question we're gonna have some examples come in from Yahoo our experts and then we'd have a better understanding you I think of a temporary display as one thing and then you know another you can wrap your building in brick it's a permanent you can have you know you can have some sort of expression in the brick whether it's a form of signage because that might be another example of a more permanent example of the same situation and I think there's multiple ways that someone could propose something like that and this was brought up to staff this year as a kind of a new concept based on how we would apply it to our zoning ordinance and so the purpose that they have on the work plan is to kind of work out some of those questions so that if somebody does actually come through with the proposal for something like this we would be able to have an answer prepared for them I was well of the idea of doing more tours or training I think that would all be I'd be sounds like actually just this last year we approved some massive building approvals going up whether they are for elderly or whether it's just barren whatever there's some stuff out there that's I think of interest to us to see exactly how it was done and did it match exactly what we approved on yeah that would be nice and then as far as training goes there was a pretty significant and in-depth land use training also held earlier this year and not all of you may have been in attendance of that but if you were interested in more things like that and whether it's online training to further your interests or going to maybe sustainable land use events or having like in-house training here with staff where we bring in someone like that type of thing and the discussion is still open right now but if you think of something later in one email you know Debra about some idea that you had that you think would be beneficial to you and your fellow commissioners then that would be good too I along those same lines I think it would also be interesting if you could show us or explain to us the process of when somebody submits something to you the steps that it that it involves from your end as well you know wind doesn't have to go in for an account so when does that just get approved by staff that kind of thing and if we vote yes what happens if we vote no what happens that kind of thing okay we get something like that great so the last item on the agenda is updates Kushner's do you have any updates no okay so I'm just distributing your draft plan Commission agenda for the January 13th 2020 meeting there are a few items on that at the next meeting that is the next meeting so the second meeting in December does interfere with the Christmas holiday where City Hall will be closed that week so there will be no Planning Commission meeting other updates your three items from the November 25th Planning Commission meeting and the Comprehensive Plan fourth Center Village moved on to the City Council the screening ordinance the city council did approve the language from the Planning Commission recommendation that was the language that was approved at last week's City Council meeting in the ordinances pending codification and the Senior Living Building was approved on the consent agenda last week and then as you may know the Planning Commission will be having an informal social gathering at Porter Creek this evening owing at your regular meeting that's the end of my own any other discussion commissioners okay is there a motion to adjourn I move that we adjourn I'll second that any further discussion all those in favor say aye all right all those opposed say nay motion carries