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HomeMy WebLinkAbout2010-04-07 PACKET 04.A.ii.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 417/10 ® ® PREPARED BY Community Development Howard Blin ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST Receive and place on file the approved minutes for the Planning Commission's meeting on February 22, 2010. STAFF RECOMMENDATION Receive and place on file the approved Planning Commission minutes for the meeting on February 22, 2010. BUDGET IMPLICATION $N /A $N /A N/A BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE ADVISORY COMMISSION ACTION DATE REVIEWED APPROVED DENIED ® PLANNING 3/22/10 ❑ ® ❑ ❑ PUBLIC SAFETY ❑ ❑ ❑ ❑ PUBLIC WORKS ❑ ❑ ❑ ❑ PARKS AND RECREATION ❑ ❑ ❑ ❑ HUMAN SERVICES /RIGHTS ❑ ❑ ❑ ❑ ECONOMIC DEV. AUTHORITY ❑ ❑ ❑ ❑ ❑ ❑ ❑ SUPPORTING DOCUMENTS ❑ MEMO /LETTER: ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Planning Commission minutes from meeting on February 22, 2010 ADMINISTRATORS COMMENTS City Ad inistrator a COUNCIL ACTION TAKEN: EdAPPROVED ❑ DENIED ❑ OTHER • . - February f A meeting of the Planning Commission was held at Cottage Grove City Hall, 7516 — 80th Street South, Cottage Grove, Minnesota, on February 22, 2010, in the Council Chambers and telecast on Local Government Cable Channel 16. Call to Order Chair Messick called the Planning Commission meeting to order at 7:00 p.m. Members Present: Michael Linse, Steve Messick, Brian Pearson, Tracy Poncin, David Thiede, Chris Willhite Members Absent: Obid Hofland, Ryan Rambacher, Jim Rostad Council Liaison: Councilmember Justin Olson Staff Present: Howard Blin, Community Development Director John McCool, Senior Planner •• . • • v Thiede made a motion to approve the agenda. Linse seconded the motion. The motion was unanimously approved (6 -to -0 vote). 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. • 1 1i Aggregate • applied for their 2010 mining permit to continue their minint operations on Lower Grey Cloud Island. Planning Commission Minutes February 22, 2010 Page 2 of 7 McCool summarized the staff report and recommended approval subject to the conditions stipulated in the staff report. Linse asked when the reclamation would begin. McCool responded that they would initiate reclamation this year and identified the east and south slopes of the property as areas that they would start prepping for topsoil and grass seed. Interlachen Hill will be the first area on the Island where the acorns for the oak savannah would be planted. He stated that they have also been clearing some of the undergrowth in the wooded areas to remove invasive species. Patty Christianson, Aggregate Industries, explained that the area they are mining was origi- nally oak savannah and native prairie and their goal is to restore it to what it was. She ex- plained the reason they are planting acorns instead of seedlings is because the bur oaks along the southwestern area and the eastern area have adapted to the sandy dry soil, which should have a better success rate than planting seedlings. They are working with Great River Greening on the reclamation plan. She then explained how they would take care of the plantings. Christianson then explained that Aggregate Industries has done extensive work in the last two years on archeological studies of Grey Cloud Island and they have worked with the State Archeologist Office to reaffirm their findings on such sites as the Grey Cloud town - site. She pointed out the location of the Indian burial mounds noting that the mounds, in- cluding a 50 -foot buffer, have been marked with fence posts. They will not encroach on that area. Thiede noted that last year there was a discussion about how many trees were going to be planted along the north edge of the Island. Christianson stated that they have planted all the trees required in past years but last year they did not plant trees because they asked for a deviation to allow them to put together this restoration reclamation plan. Those trees are still there and they have no plans to get rid of them, but their concern has always been that the trees are non - native. Thiede asked how they were going to keep the squirrels from taking the planted acorns. Christianson responded that there will be fiber mesh covers to protect the acorns. Linse asked if the saplings that died were replaced. Christianson responded yes. Linse asked what would happen if the acorns don't grow. Christianson stated they would continue with the plantings. Willhite made a motion to recommend approval subject the conditions listed below. Pearson seconded. 1. The provisions as stipulated in Title 3, Chapter 10 of the City's Codes (Mining, Sand, and Gravel Operation) shall be complied with, except as modified below. 2. The applicant is responsible for removing any materials that may have .. r oadway . any public , Planning Commission Minutes February 22, 2010 Page 3 of 7 4. The "future mining" designation on the 2010 Operations Plan is only an illustration of the applicant's future desire to mine in those areas. City approval of the 2010 Operations Plan does not guarantee mining permit approval for areas shown as "future mining." Approval of the 2010 Mining Permit does not approve their ability to mine within the required 200 -foot setback from the Mississippi River, within the Mississippi River itself, or in the vicinity of archeological sensitive areas. 5. Bituminous /asphalt materials are prohibited from being buried on the premises. Bi- tuminous /asphalt, concrete, and street sweepings originating within the geo- graphical boundaries of Cottage Grove may be temporarily stockpiled on the site for processing (e.g. crushing, screening, etc.) and /or reuse. 6. The applicant may operate the mining operation 24 hours a day, 7 days a week. Upon notification by neighboring residents that the night -time operations (i.e. be- tween the hours of 10:00 p.m. and 6:00 a.m.) are disturbing, the applicant agrees to voluntarily cease operation during night -time hours until such time the noise source is identified and appropriate corrections are made. 7. Aggregate Industries must install erosion control devices at the base of any slope where erosion is evident. A drainage swale must be constructed at the base of any eroding slope to control run -off and divert it to a sedimentation basin before en- tering any natural drainage system. Erosion control measures must be imple- mented within a reasonable amount of time. 8. Archeological and landmark sites as identified in the burial mound group known as 21WA9 and the recorded Grey Cloud Townsite 21WA48 on Lower Grey Cloud Island must be protected and undisturbed. 9. No vehicular traffic is allowed off existing access routes so as not to accidentally disturb or destroy burial mounds or any other archeological sites. 10. The applicant is responsible for obtaining all state and federal permits relating to their mining operations on Lower Grey Cloud Island. 11. The applicant's current reclamation plan is titled "Harbor island Concept Plan." The City has not provided any formal review or approval of the "Harbor Island Concept Plan" and is only an illustration of a development concept that the appli- cant and landowner have considered. The City's approval of the 2010 Operations Plan does not guarantee approval or imply future approval of the Harbor Island Concept Plan. Planning Commission Minutes February 22, 2010 Page 4 of 7 6.2 Pet Boarding Business — Case CUP10 -004 Janet Olausen has applied for a conditional use permit to allow a pet business including retail, pet day care, pet boarding, and training at 8607 West Point Douglas Road South. McCool summarized the staff report. He stated that the applicant would like to change the time animals are allow outside from the proposed 7:00 a.m. that is listed in condition #3 to 6:30 a.m. He recommended approval subject to the conditions stipulated in the staff report. Thiede asked if the hours of operation would be from 6:30 a.m. to 9:00 p.m. McCool re- sponded yes. He noted that there was a clerical error in condition #9 and words "the noise on" should be deleted. He reported that City staff had talked with Allina Medical Center, which is next door, and they don't foresee any problems, though they have some reserva- tions about noise and odors coming from the property. If there are issues, the city would talk to the applicant to correct those issues. If they fail to comply after that, then the conditional use permit would be brought back to the City Council for reconsideration. Thiede asked if staff also talked with the property owners on the other side of the building. Blin stated that building is not yet open for business. Pearson asked if the closest residential buildings to this site are across Highway 61. McCool responded that was correct noting that the land uses behind the property are industrial. Poncin asked if there is an existing fence. McCool responded that there is a nine -foot high chain link fence. He stated that the applicant had proposed putting vinyl slats in the chain link but city ordinances do not allow for that as a permanent screening material; it would have to be wood or some type of plastic privacy fence material. Poncin asked if we are only asking them to replace the fence on the south side by Allina at this time. McCool responded yes. He noted that the conditions of approval reference the side property lines and the northwesterly line. The only property line that fencing would not be required is the rear lot line because it is next to railroad tracks. Blin stated that part of the reason the city is not concerned with that property line is that there is no visibility into the site. Janet Clausen, 1915 Bowsons Lane, Woodbury, clarified that they may not remove the eight -foot chain link fence because it offers some security. She explained that they would construct a privacy fence along the chain -link fence abutting the Allina property and at this time only fence in the area that they are going to be using. Poncin asked about the outdoor runs and play areas. Olausen displayed a drawing of the property. There will be one play area for large dogs and another for smaller dogs. The third area is for bringing the dogs out at night. Linse asked about capacity. Olausen responded that the building is 3,200 square feet and they can accommodate a maximum of 30 dogs. Thiede asked if the asphalt would be removed from the play areas. Olausen responded they are looking at surfaces such as pea gravel or doggy Astroturf. Initially they were going to re- Planning Commission Minutes February 22, 2010 Page 5 of 7 move the asphalt but they may just drill holes in it. They don't have a specific plan yet but will work with staff on the best options for drainage and odor control. Messick opened the public hearing. No one spoke. Messick closed the public hearing. Thiede made a motion to recommend approval of the application subject to the condi- tions listed below with changes to conditions #3, to modify the hours animals are al- lowed outside to 6:30 a.m. to 9:00 p.m. and #9 to remove the words "the noise on." Poncin seconded. 1. All applicable permits (i.e., building, electrical, grading, mechanical) must be com- pleted, submitted, and approved by the City prior to the commencement of any construction activities. Detailed construction plans must be reviewed and ap- proved by the Building Official. 2. All overnight boarding must be indoors. 3. Animals will only be allowed outside between the hours of 7:00 a.m. to 9 :00 p.m. in run and play areas. Intermittent supervised outdoor use of the outside area for animal "bathroom" activities at night would be permitted. 4. All outdoor activities are must be supervised by employees or a designated re- sponsible adult. 5. A six -foot tall fence of wood or vinyl composite material must be installed along the side property lines. Vinyl slat inserts are prohibited. Internal site fence mate- rials must be reviewed and approved by the Planning Division. 6. The indoor areas and runs must be cleaned on a daily basis and waste removal from the site must be contracted with a commercial refuse hauler. 7. The outdoor areas and runs must be cleaned on a daily basis and waste removal from the site must be contracted with a commercial refuse hauler. 8. The standard City and State noise rules will be applicable to the site. If the City receives noise complaints, the property owner must bring the noise on the site into compliance upon notification by the City. 9. The standard City and State nuisance ordinance rules will be applicable to the site. If the City receives odor complaints, the property owner must bring the noise on the site into compliance upon notification by the City. 10. Repeat violations related to noise, odor or permit criteria will require additional re- view of the conditional use permit by the City Council. -. EWM Planning Commission Minutes February 22, 2010 Page 6 of 7 Discussion Items 7.1 Comprehensive Plan Revisions Blin summarized the staff report, explaining that the only modification is to change the land use of 19 acres along East Point Douglas Road at the south side of Ravine Park from com- mercial to park. He recommended approval of the plan revision. Thiede asked if changing from commercial to park designation would reduce the value of that land. Blin responded that he has talked with two appraisers. He explained that apprais- als are based on the highest and best use of the land. Appraisers will never give an opinion outside of an appraisal, but the sense he got from those discussions was it probably would diminish the value. Thiede asked if the landowners could take any legal recourse. Blin stated that he can't anticipate what they might do. Messick asked if that was the only change that needs to be voted on. Blin responded yes, noting that Grey Cloud Island stays as it is and the rest of the changes were technical changes. Thiede stated his only concern would be for the value that the landowners would get for their land. He noted that it seems the City really has no choice on the land use designation for those properties. Blin stated that staff raised that issue with the Met Council and their re- sponse is those properties have been designated for park use for more than 20 years so there really is no change. Thiede made a motion to recommend approval of the comprehensive plan revision to change the land use designation of 19 acres of property along East Point Douglas Road at the south side of Ravine Park from commercial to park. Poncin seconded. Mo- tion passed unanimously (6 -to -0 vote). Approval of Planning Commission Minutes of January 25, 2010 Thiede made a motion to approve the minutes of the January 25, 2010, meeting. Mo- tion seconded by Linse. The motion passed unanimously (6 -to -0 vote). 46 9.1 Recap of February City Council Meetings Blin updated the Commission on the City Council meetings held on February 3 and February 17, 2010. .. - None Planning Commission Minutes February 22, 2010 Page 7 of 7 9.3 Planning Commission Requests Messick thanked Commissioner Thiede for his service to the City as a member of the Plan- ning Commission and Public Works Commission, including as Planning Commission Chair. He also thanked Commissioner Hofland for serving a term on the Planning Commission. Adjournment Willhite made a motion to adjourn the meeting. Thiede seconded. Motion passed unanimously (7 -to -0 vote). The meeting adjourned at 7:50 p.m.