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HomeMy WebLinkAbout2009-03-23 MINUTESCity of Cottage Grove Planning Commission March 23, 2009 A meeting of the Planning Commission was held at Cottage Grove City Hall, 7516 – 80th Street South, Cottage Grove, Minnesota, on March 23, 2009, in the Council Chambers and telecast on Local Government Cable Channel 16. Call to Order Vice Chair Messick called the Planning Commission meeting to order at 7:00 p.m. Roll Call Members Present: Obid Hofland, Michael Linse, Steve Messick, Brian Pearson, Tracy Poncin, Ryan Rambacher, Jim Rostad, David Thiede, Chris Willhite Staff Present: Howard Blin, Community Development Director John McCool, Senior Planner Justin Olsen, City Councilmember Approval of Agenda Messick asked if there are any changes to the agenda. Being no changes, the agenda was approved as submitted. Open Forum Messick asked if anyone wished to address the Planning Commission on any non-agenda item. No one addressed the Commission. Chair’s Explanation of the Public Hearing Process Messick explained the purpose of the Planning Commission, which serves in an advisory ca- pacity to the City Council, and that the City Council makes all final decisions. In addition, he explained the process of conducting a public hearing and requested that any person wishing to speak should come to the microphone and state their full name and address for the public record. Public Hearings and Application Reviews 6.1 Newspaper Boxes – Case No. TA09-003 (Continued from February 23, 2009 meeting) The City of Cottage Grove has applied for a zoning text amendment to add regulations for newspaper boxes within city right-of-ways. Blin summarized the staff report and recommended approval. Planning Commission Minutes March 23, 2009 Page 2 of 5 Thiede asked what time period the $15 permit fee covers. Blin responded three years. Thiede asked if existing boxes would need to be moved due to the requirement that the boxes must be at least six feet from any curb. Blin responded that the six-foot setback should not create a problem. Willhite asked how far sidewalks are away from the curb. Blin responded that it varies; some are right behind the curb but typically the boulevard is five wide. Willhite noted that where there are sidewalks the boxes would be on the other side of the sidewalk from the street and expressed concern about how far people buying papers would have to go from their vehicle. She believed that it was decided that the boxes should be setback from corners as opposed to the curb. Linse asked if the city has the available resources to administratively handle the fees and permits and to enforce the ordinance. Blin responded yes. Rambacher asked if the locations of newspaper boxes could be limited to make it easier for people to stop a vehicle to get a paper. Blin stated there is language regarding unreasonably interfering or impeding the flow of pedestrians or vehicular traffic and if staff becomes aware of a box that is a traffic hazard, the city could require that it be moved. Willhite asked where the boxes are currently located in relation to sidewalks. Blin responded on the boulevards. Willhite noted that this new ordinance would mean that most would have to be moved even though there have not been any problems. Messick opened the public hearing. No one spoke. Messick closed the public hearing. Willhite made a motion to amend the proposed ordinance by striking language requir- ing newspaper boxes to be no closer than six feet of any curb so existing boxes do not need to be moved so long as they are not impeding traffic or maintenance work. Poncin seconded. Motion failed on a 7-to-2 vote (Willhite, Poncin). Linse asked if any type of material could be dispensed from a newspaper box as long as there was a solid cover, based on Title X-X-11, Display of Certain Matter Prohibited. Blin responded that the intent was to prevent the display of obscene materials. Willhite asked if there was a prohibition on adult material within a certain distance of churches and schools. Blin stated staff would check on that. Thiede made a motion to recommend approval of the ordinance as written. Pearson seconded the motion. Motion passed on an 8-to-1 vote (Willhite). 6.2 Wind Turbines – Case TA09-008 The City of Cottage Grove has applied for a zoning text amendment to add regulations for wind energy conversion systems. McCool summarized the staff report and recommend approval. Rambacher asked if staff looked at other cities’ ordinances regarding accessory uses for roof- mounted wind turbines. McCool responded that it was split between allowing them as acces- Planning Commission Minutes March 23, 2009 Page 3 of 5 sory uses and requiring conditional use permits. He stated that a building permit would be required and they would have to comply with building code requirements. Rambacher asked if turbines on rooftops in residential areas would decrease property values and what would hap- pen if the neighbors did not like the turbines. Thiede asked about signage on wind turbines. McCool responded the ordinance prohibits ad- vertising media on the units. Rostad asked if the time frame for repairing a wind turbine could be shortened. The ordinance states that the operator of the wind turbine has 60 days to repair or disable the unit once a safety hazard has been identified. McCool responded that time frame could be reduced. Messick opened the public hearing. No one spoke. Messick closed the public hearing. Rambacher wants a conditional use permit required for all wind turbines. Thiede suggested that initially conditional use permits should be required for all wind turbines, and if in the future they become more popular the ordinance could be changed to make roof-top wind turbines an accessory use. Rostad stated that the challenge with the conditional use permit process is that the people come to a public hearing would probably oppose the wind turbine and asked how the city could approve the CUP for a wind turbine if all the neighbors are against it. Blin explained that a conditional use is an allowable use but with conditions. Thiede asked if a permit is required for other roof top construction such as chimneys or roof vents. Blin responded that building permits would be required but not conditional use permits which require a public hearing by the Planning Commission. Thiede asked if Rambacher’s in- tention was to require wind turbine permits to be brought before the Planning Commission. Rambacher responded that would ultimately inform the neighborhood about the proposal and provide an opportunity to voice opinions on it. He agreed that if there are a lot of applications for wind turbine conditional use permits, the ordinance could be revisited to make them accessory uses. Rambacher made a motion to add an amendment to the proposed ordinance to require conditional use permits for all WECS. Willhite seconded. Motion passed unanimously. Thiede made a motion to recommend approval of the ordinance with the amendment. Hofland seconded. Motion passed unanimously (9-to-0 vote). Discussion Items 7.1 Tree Preservation Ordinance Burbank summarized the memo sent to the Planning Commission regarding amending the city’s tree preservation ordinance. There were comments regarding diseased trees; the defini- tion of healthy trees, large tract, Agriculture management plan; adding a prohibition on buck- thorn, time limits on tree removal during development; time period for tree preservation plans; and when homeowners could remove trees from their property. Blin stated that the proposed ordinance will come back before the Commission with some refinements. Planning Commission Minutes March 23, 2009 Page 4 of 5 Approval of Planning Commission Minutes of February 23, 2009 Being that there were no corrections to the February 23, 2009, minutes, they were accepted as presented. Reports 9.1 Recap of February City Council Meetings Blin reviewed the items discussed by the City Council at their meetings on March 4 and 18, 2009. Blin updated the Commission on the draft 2030 Comprehensive Plan, which is currently being reviewed by the Metropolitan Council. He stated that staff is working with the Met Council tor resolve several issues including the designated land use for Grey Cloud Island and two par- cels on the east side of County Road 19 at Highway 61 along East Point Douglas Road. The Met Council wants all of Grey Cloud Island to be in the transitional planning designation for future park use, but the City has proposed that the area on the north side of the Island to re- main rural residential. The Met Council also wants two parcels on the east side of County Road 19 at Highway 61 along East Point Douglas Road to remain designated as park but the City believes the best land use designation is commercial. The City wants to be indemnified from a claim of inverse condemnation from the property owners for devaluation of property. The Met Council also wants the City to designate years for development in the staging plan. 9.2 Response to Planning Commission Inquiries None. 9.3 Planning Commission Requests Willhite asked for a new list of Planning Commissioners. 9.4 Organizational Meeting and Election of Officers Messick asked if there are any motions to amend the Planning Commission rules. There were Hofland made a motion to approve the 2009 Planning Commission Rules. Thiede none. seconded. Motion passed unanimously (9-to-0 vote). Messick asked if there were any nominations for Chair. Thiede nominated Steve Messick for Hofland made Chair. Willhite seconded. Messick asked if there were any other nominations. a motion to approve by acclamation the nomination of Messick as Chair. Linse sec- onded. Motion passed unanimously (9-to-0 vote). Messick asked if there were any nominations for Vice Chair. Thiede nominated Jim Rostad for Linse Vice Chair. Hofland seconded. Messick asked if there were any other nominations. made a motion to approve by acclamation the nomination of Rostad as Vice Chair. Willhite seconded. Motion passed unanimously (9-to-0 vote). Planning Commission Minutes March 23, 2009 Page 5 of 5 Messick asked if there were any nominations for Secretary. Thiede nominated Tracy Poncin Thiede for Secretary. Hofland seconded. Messick asked if there were any other nominations. made a motion to approve by acclamation the nomination of Poncin for Secretary. Linse seconded. Motion passed unanimously (9-to-0 vote). Adjournment Rambacher made a motion to adjourn the meeting. Rostad seconded. Motion passed unanimously (9-to-0 vote). The meeting adjourned at 8:22 p.m.