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HomeMy WebLinkAbout2009-08-24 MINUTESCity of Cottage Grove Planning Commission August 24, 2009 A meeting of the Planning Commission was held at Cottage Grove City Hall, 7516 – 80th Street South, Cottage Grove, Minnesota, on August 24, 2009, in the Council Chambers and telecast on Local Government Cable Channel 16. Call to Order Vice-Chair Rostad called the Planning Commission meeting to order at 7:02 p.m. Roll Call Members Present: Obid Hofland, Brian Pearson, Tracy Poncin, Jim Rostad, David Thiede, Chris Willhite Members Absent: Michael Linse, Steve Messick, Ryan Rambacher Council Liaison: Councilperson Justin Olson Staff Present: Howard Blin, Community Development Director John McCool, Senior Planner Approval of Agenda Thiede made a motion to approve the agenda. Hofland seconded the motion. The motion was unanimously approved (6-to-0 vote). Open Forum Rostad 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 Rostad 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. Workshop on Legal Issues Corrine Heine, City Attorney, gave a power point slide show and oral presentation on the following topics: Planning Commission Minutes August 24, 2009 Page 2 of 4 Authority of cities to zone property and statutory basis to plan and adopt zoning regula- tions and comprehensive plan. Planning Commission duties. Process for adopting and amending the comprehensive plan. Judicial review of zoning decisions, conditional use permits, and variances. Public hearing procedures, state reasons for recommendations, written findings of facts, allow all persons an opportunity to be heard. 60-day law. Open meeting law. Findings of fact and criteria for variance applications were discussed. Heine explained that property owners must show undue hardship that they did not create. Hardship is not solely an economic issue, and the circumstance is related to unique conditions of the property and should not alter essential characteristics of the locality. Heine explained that neighborhood opposition alone is insufficient to deny a planning or zoning application, but evidence from neighbors may be considered. Courts review the city’s decision based on the public record to see if parties were allowed to fully present evidence and that the city clearly articulated their reasons for denying or approving an application. Discussion Items 7.1 Outdoor Wood Burning Facilities Ordinance McCool presented the draft wood burning ordinance to the Commission and summarized the topics discussed at the July 27, 2009, Planning Commission meeting. McCool highlighted the following proposed wood burner ordinance regulations: Setback a minimum of 100 feet from property lines; Only be located in the AG-1, AG-2, R-1 and R-2 zoning districts; Prohibiting them from locating in the front yard; Require spark arrester on the chimney stack; Only be operated between October 1 through April 1; List of materials that are prohibited from being burned; Require a building permit; and A provision allowing a nonconforming wood burner to exist but they cannot cause a public nuisance or be detrimental to human health. Thiede asked why limit wood burners from operating between certain times of the year. McCool explained that during the colder periods of the year, windows are likely to be closed and people are not outside as much. Smoke and odor may not be as much of a nuisance during winter. Poncin said that consideration could be given for wood burners to operate year round for properties that are zoned agriculturally. Pearson asked if wood burners are regulated by an underwriters laboratory standard. McCool was unsure if there was such a standard but would check into it and report back to the Commission. McCool did state that the Environmental Protection Agency and Minnesota Pollution Control Agency do not have any regulatory standards for outdoor wood burners. Planning Commission Minutes August 24, 2009 Page 3 of 4 McCool stated that in the year 2007, the EPA had developed a voluntary program to make cleaner wood burners available for consumers. In the first phase of the program, manufac- turers produced units that are 70 percent cleaner than unqualified models. In late 2008, EPA moved to Phase 2 of the program whereby manufacturers made units that are 90 percent cleaner than unqualified models. The Commission suggested that the proposed ordinance should include a regulation that all wood burners must be laboratory tested and listed to appropriate safety standards such as Underwriters Laboratory. After discussion, staff was directed to delete the R-2 District as a zoning classification where wood burners are allowed and increase the minimum lot area requirement from 1.5 acres to 3.0 acres. In addition, it was recommended not to limit the operation of a wood burner during the year and to include a provision that all wood burners must meet an underwriters labora- tory standard if such a standard exists. 7.2 Vacancy Report Blin summarized the findings in the 2009 Commercial Vacancy Report that was presented to the Cottage Grove Economic Development Authority on August 7, 2009. Blin explained that the retail and office vacancy rates in Cottage Grove decreased about one percent since August 2008 but is substantially higher than the Twin Cities region. The region’s vacancy rates increased about two percent since last year. It was noted that the vacant Home Depot building represents 65 percent of all the retail vacancy in Cottage Grove, and approximately half of vacant office space is located in the Summerhill Professional Building. Occupancy of both buildings would reduce the City’s vacancy rates to be below regional rates. Approval of Planning Commission Minutes of July 27, 2009 Hoflund made a motion to approve the minutes of the July 27, 2009, meeting. Motion seconded by Theide. The motion passed unanimously (6-to-0 vote). Reports 9.1 Recap of August City Council Meetings Blin reported on City Council actions from their meetings on August 12, 2009, noting that the Council approved the items that the Planning Commission recommended. 9.2 Response to Planning Commission Inquiries None. 9.3 Planning Commission Requests Blin reported that a residential foreclosure report will be prepared and presented to the Planning Commission at the next meeting. Planning Commission Minutes August 24, 2009 Page 4 of 4 Thiede presented an update on the Community Center Task Force. He explained that 12 task force members toured the Inver Grove Heights and Shoreview community centers on August 18, 2009. Both facilities are operated by city staff. Inver Grove Heights has two full- size hockey rinks and an indoor splash park. They partner with the school district on the lap- pool and diving facilities. They also partner with the National Guard for facilities located in the armory portion of the building. The operating revenue is approximately 80 percent of the operating expenses. There is no banquet facility and the overall building design creates some problems for operating efficiencies. The Shoreview community center includes city hall offices and large banquet facility. The site also provides a few outdoor athletic fields, skate- park, large pavilion, and neighboring public library. Both facilities provide fitness centers that are actively used by membership guests. Adjournment Willhite made a motion to adjourn the meeting. Theide seconded. Motion passed unanimously (6-to-0 vote). The meeting adjourned at 8:40 p.m.