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HomeMy WebLinkAbout2011-08-10 PACKET 04.A.ii.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 8/10/11 PREPARED BY Community Development Danette Parr ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST Receive and place on file the approved minutes for the Planning Commission's meeting on June 27, 2011. STAFF RECOMMENDATION Receive and place on file the approved Planning Commission minutes for the meeting on June 27, 2011. BUDGET IMPLICATION $N /A BUDGETED AMOUNT $N /A N/A ACTUAL AMOUNT FUNDING SOURCE ADVISORY COMMISSION ACTION DATE ® PLANNING 7/25/11 ❑ 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 June 27, 2011 ADMINISTRATORS COMMENTS City Administrator Date COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER • • • June 27, 1 A meeting of the Planning Commission was held at Cottage Grove City Hall, 7516 — 80th Street South, Cottage Grove, Minnesota, on Monday, June 27, 2011, in the Council Chambers and tele- cast 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: Ken Brittain, Steve Messick, Brian Pearson, Jim Rostad Members Absent: Tracy Poncin, Ryan Rambacher, Brian Treber Staff Present: Danette Parr, Economic Development Director John McCool, Senior Planner David Thiede, City Council Open Forum Messick asked if anyone wished to address the Planning Commission on any non - agenda item. No one addressed the Commission. Approval of Agenda Rostad made a motion to approve the agenda. Brittain seconded. The motion was ap- proved unanimously (4 -to -0 vote). Chair's Explanation of the Public Hearing Process Messick explained the purpose of the Planning Commission, which serves in an advisory capacity 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. Messick welcomed Danette Parr, the City's new Economic Development Director, and the new staff liaison to the Planning Commission. Public Hearings and Applications 6.1 Manning Avenue Horse Barn — Case V11 -014 and CUP11 -015 Kevin McGrath and Molly Fernholz have applied for a variance to allow 13,584 square feet of accessory structures when 5,220 square feet is the maximum square footage allowed by Planning Commission Minutes June 27, 2011 Page 2 of 6 City ordinance and a conditional use permit for an indoor horse arena and horse stables at 11000 Manning Avenue South. McCool summarized the staff report and recommended approval subject to the conditions sti- pulated in the staff report. Kevin McGrath, 11000 Manning Avenue South, stated that their family would like to build a barn to keep their brood mares and a show horse on their property. Messick asked about Finding of Fact "d," which says there are no unique characteristics to the property that requires the square footage of accessory structures to exceed the 5,220 square foot. McCool responded that there are other 20 -acre or larger parcels of land in that area, and those property owners could make application if they would like additional square footage for accessory buildings. Rostad noted that the propery is currently guided rural residential and asked what the lot sizes are for rural residential properties. McCool responded that there are two rural residential zon- ing classifications: one has a three -acre minimum and the other has 1.5 -acre minimum. Be- cause this property is currently zoned AG -1, Agricultural Preservation, the minimum lot area is 1.5 acres to accommodate a septic system, but there is a density limitation of one unit per 40 acres. The parcel does not have to be 40 acres; a house could be built on 1.5 acres but the other 38.5 acres would need some kind of deed restriction that would not allow for other homes to be built. Messick opened the public hearing. Mike Mingo, 10940 Manning Avenue South, stated that he lives on the three -acre parcel just north of the proposed horse barn. He stated that when the house was built on that 17 -acre property, a variance was required because it was not 20 acres. He asked if staff looked into the stipulations that were part of the variance approval. McCool responded that he reviewed the stipulations, which stated that the property could not be subdivided for additional lots. Mingo asked if staff talked with the highway department about this building. McCool re- sponded no because there is no change to the access drive onto Highway 95. Mingo stated that the access drive was the big issue when the house was built because that was the only access the highway department would give them to that property. He explained his property was built in 1957 and there is a 33 -foot easement off the center line of the highway but he be- lieves the highway department increased the roadway easement on the three parcels when they were subdivided. Messick asked if the certificate of survey shows the easement. McCool explained that the properties were not platted because it is agricultural land and they could create 20 -acre parcels. The variance that was granted was to allow for a smaller parcel than 20 acres to be developed. McGrath stated they had a survey done when they purchased the property, and there is a 33 -foot easement, which is the standard size in Minnesota. Brittain asked about impacts on the property due to the long -term plan to widen Highway 95 turning in the future. McCool responded that any improvements to Highway 95 would require the acqui- sition of additional easements for right -of -way purposes. Brittain asked about the future size of Highway 95. McCool stated that past discussions were it would be a four -lane roadway, so there could be a significant acquisition of additional right -of -way. Brittain wanted more infor- Planning Commission Minutes June 27, 2011 Page 3 of 6 mation on the future size of Highway 95 and what easements would be needed. McCool re- sponded that staff would contact Mn /DOT for that information. Mingo stated that he he does not want to live next to a horse barn and asked if that was the only place on the property for the barn. He noted that along Manning Avenue, pole barns are on the back side of the properties. Brittain asked why that location was chosen. McGrath re- sponded that the topography is the main reason. Their preference would have been to have the barn closer to their house due to easier access, but it was a matter of where the building would best fit on their property. Brittain asked if there are topography challenges to the south of the proposed location. McGrath stated that it is relatively the same grade across the prop- erty and they would be happy to work with their neighbor in trying to find a location that works. He explained that they were advised that the proposed location would be the most economical but if it does not work for their neighbors, they would be happy to talk about other locations. They want it to be a nice facility and to improve the property. The only location the structure cannot be located is behind the house because of a pond. Mingo requested that staff talk with the highway department about the roadway easement. He reiterated that he does not want to live next to a horse barn. Brittain asked if he would like to have the barn moved farther to the south on the property. Mingo responded that a large barn may affect the future sale of his property. He does not believe traffic would be a big issue. Brittain asked about the size of the horse barn to the south and if there has been any traffic impact from this larger structure. McCool responded that it is slightly over 20,000 square feet. McGrath stated that originally there were 32 stalls but the owner has converted a couple back to storage so he has about 30 stalls; he is proposing 12 or 13 stalls. No one else spoke. Messick closed the public hearing. Messick stated that visited the area to look at the properties and believes the findings of fact fit the property. He appreciates the concerns that were voiced and the willingness of the appli- cant to work with his neighbors. The Planning Commission's jurisdiction is to review the a- pplication to see if it fits within the comprehensive plan and to determine if the findings of fact correct. He believes the neighbors should work with each other on the exact location. He sup- ports the application as written. Brittain suggested a potential condition to confirm with the highway department that there is not an additional easement placed on that road. He does not see this would be an issue but it should be checked. Brittain made a motion to approve the variance to allow 13,584 square feet of accessory structures for an indoor horse arena and horse stables at 11000 Manning Avenue South, based on the findings of fact and subject to the conditions listed below, with the added condition that staff check with Mn /DOT regarding roadway easements on High- way 95. Pearson seconded. Motion passed unanimously (4 -to -0 vote). Pearson made a motion to approve the conditional use permit subject to the conditions listed below. Rostad seconded. Motion passed unanimously (4 -to -0 vote.) Planning Commission Minutes June 27, 2011 Page 4 of 6 Findings of Fact: a. The property is agriculturally zoned and is surrounded by agricultural uses. The characteristic of the proposed horse stable and indoor arena is in harmony with rural and agricultural properties that surround this site. b. The variance is consistent with the agricultural land use designation shown on the future land use map of the adopted Future Vision 2030 Comprehensive Plan. c. The proposed horse stable and indoor arena would provide a reasonable use for this 17.4 -acre rural parcel. d. There is no unique characteristic to the property that requires the square footage of accessory structures to exceed the 5,220 square foot city ordinance maximum. e. The construction of a horse stable and indoor arena will change the essential cha- racter of the property because only a residential house exists on the property, but the proposal is characteristic of other rural and agricultural properties in this area. Conditions of Approval 1. All applicable permits (i.e., building, electrical, grading, and mechanical) and a com- mercial plan review packet shall be completed, submitted, and approved by the City prior to commencement of any construction activities. Detailed construction plans will be reviewed and approved by the Building Official and Fire Marshall, 2. Final exterior construction materials and colors will be reviewed and approved by the Planning Department prior to the issuance of a building permit. 3. There shall be only one access drive located on Manning Avenue. 4. A feedlot permit shall be obtained if required from the Minnesota Pollution Control Agency prior to the issuance of a building permit. Any MPCA standards relative to commercial horse stables must be complied with. 5. Feed storage on the site shall be properly stored in a manner that does not promote rodent problems 6. If the property is ever subdivided or rezoned to a non - agricultural zoning classifica- tion, the use shall be discontinued, and the building sizes must be reduced to comply with the accessory structure standards applicable at the time of the zoning change for the property. 7. The applicant shall provide the City with an as -built survey of the facility. 8. The signage on the site must comply with the City's Sign Ordinance. 9. All outdoor lighting must be directed downward and away from residential property and public street, and must not exceed .5 foot - candle at the property lines. Planning Commission Minutes June 27, 2011 Page 5 of 6 10. Riding horses on abutting public roadways is prohibited. To ride on adjoining prop- erties, permission must be granted by the property owner of the property on which the rider wants to ride. 11. Excessive odors, rodent infestations, traffic accidents, or other operational issues caused by the existence of this horse stable brought to the attention of the City will be cause for City Council review and possible modification of the conditions of the conditional use permit. This review may result in amendment or revocation of the conditional use permit. 12. No accessory structure or space within an accessory structure should be used to store items that the property owner does not own. Discussion Items None Rostad made a motion to approve the minutes of the Planning Commission meeting on May 23, 2011. Pearson seconded. The motion passed unanimously (4 -to -0 vote). 9.1 Recap of June City Council Meetings Thiede reported that at a special meeting on June 24 the City Council approved the bidding process for the Public Safety /City Hall facility. McCool stated that on June 1, the City Council approved the site plan, the preliminary plat, and final plat for the proposed Public Safety /City Hall project on a 4 -to -1 vote. 9.2 Response to Planning Commission Inquiries None 9.3 Planning Commission Requests Messick asked if there are any agenda items for the July Planning Commission meeting. McCool responded that staff has received an application from Target for a variance to the re- quired number of parking spaces. Brittain asked about the purpose of reducing the number of parking spaces. McCool responded that they are proposing infiltration basins within the park- ing lot for stormwater runoff, and in order to create rain gardens, they would need to eliminate some parking spaces. Brittain asked what encouraged them to do this. Parr responded that, is being done in conjunction with the Watershed District, who approached a number of the City's larger commercial entities. She stated that there will be two other items on the July agenda. One is in relation to the language in the zoning ordinance regarding commercial uses. There have been discussions with the Council about major versus minor automotive repair, so the Planning Commission will be asked to make a recommendation on that. The other item will be Planning Commission Minutes June 27, 2011 Page 6 of 6 to discuss the new State legislation regarding variances and to look at updating the City Code so we will be in compliance with that legislation. Brittain made a motion to adjourn the meeting. Rostad seconded. Motion passed unanimously (4 -to -® vote). The meeting adjourned at 7:35 p.m.