HomeMy WebLinkAbout2001-12-17 MINUTESCity of Cottage Grove
Planning Commission
December 17, 2001
Pursuant to due call and notice thereof, a regular meeting of the Planning Commission was
duly held at City Hall, 7516 — 80th Street South, Cottage Grove, Minnesota on the 17th day of
December, 2001, in the Council Chamber.
Call to Order
Chairperson Willhite called the meeting to order at 7:00 p.m.
Roil Call
Members Present: Myron Bailey, Timothy Booth, Bob Hudnut, Herb Japs, David Lassen,
David Piggott, Bob Severson, Chris Wilihite
Members Absent: Eileen Weber
Staff Present: Kim Lindquist, Community Development Director
John McCool, Senior Planner
Approval of Agenda
Hudnut moved to approve the amended agenda. Japs seconded. Motion carried
unanimously.
Open Forum
Chairperson Willhite asked if anyone wished to address the Planning Commission on any
non-agenda item. No one spoke.
Chair's Explanation of the Public Hearing Process
Chairperson Willhite explained the purpose of the Planning Commission, which serves in
an advisory capacity to the City Council, and the City Council makes all final decisions. In
addition, she 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 ad-
dress for the public record.
Public Hearings
6.1 CASE V01-083
Maynard Wellman has applied for a variance to allow construction of a 156 square foot
accessory structure in front of the principal structure at 8171 River Acres Road.
Planning Commission Minutes
December 17, 2001
Page 2 of 9
McCool summarized the staff report and recommended approval subject to the conditions
stipulated in the staff report.
Maynard Wellman, 8171 River Acres Road, stated that he had no comments but would an-
swer any questions from the Commission. There were none.
Willhite opened the public hearing.
Lindquist noted that a letter was received from Tony Wollschlager, 8222 River Acres Road,
stating that he had no problems with the proposed structure.
No one spoke. Willhite closed the public hearing.
Hudnut moved to approve the application subjecf to the conditions lisfed below.
Bailey seconded.
1. The applicant must receive a building permit to complete the construction of the
12-foot 6y 93-foot accessory structure and pay doub/e the building permif fee
amount for beginning construction without a building permit and building inspec-
fions for the work already performed.
2. The proposed accessory strucfure's floor elevation sha/I be a minimum of 700
feet above mean sea level as established by Title 11-12-2(B) of the City Codes.
3. The exterior materials and color for the 12-foot by 13-foot accessory building
shall be consistent with exterior materials and color used for the existing 24-foot
by 32-foot accessory structure and home located on this property.
Motion was unanimously approved.
6.2 CASES CUP01-084 and SP01-085
Rose of Sharon Lutheran Church has applied for a conditional use permit and site plan
review to allow construction of a new church with a pre-school on the northeast corner
of Jamaica Avenue and 70th Street.
Lindquist summarized the staff report and recommended approval subject to the revised
conditions of approval.
Severson asked where the shared access drive easement would be located. McCool re-
sponded that the easement would be located along the north property line between the
church and the McHattie properties. Lindquist stated that the shared access was part of the
requirements when the lot division was approved. She explained that the intent is for the
southern and northern parcels to have the same access onto Jamaica. Severson asked
how much traffic would be served by this shared access. Lindquist responded that the
property would most likely be brought into the MUSA in the future. She stated that the land
to the north is designated for low density residential. Severson asked if that church access
Planning Commission Minutes
December 17, 2001
Page 3 of 9
would be an interim solution until the area more fully develops. Lindquist responded that
was correct.
Booth asked if that would be a public road in the future and if the easements would be in
place for that public road. Lindquist responded that the city did not obtain public right-of-
way as it is not ciear that the road would run along the property line because there would
be such a small benefit to the southern property. She stated that the city wants the access
point where it is; however, the public road would probably swing to the north.
Bailey asked what the status is on the ball field in lieu of park land dedication. Lindquist re-
sponded that the city is still interested in having the field there, although there is no new
agreement currently in place, and she believes the church is also still interested. Bailey
asked if that would be worked out prior to the Council meeting. Lindquist stated that the city
would try.
Hudnut asked about condition #8, regarding access onto 70th Street. Lindquist responded
that there is no expectation that the church would be allowed access onto 70th Street.
McCool explained that there is an existing farm access drive that connects to 70th Street
on the church property and that condition clarifies that that access drive does not guarantee
them access to 70th Street.
Severson asked if the church and Mr. McHattie are in agreement on the shared access, if
the cost of the shared access would be paid by Rose of Sharon, and if the current design of
the access would be adequate to handle traffic from any future development on the north
parcel. Lindquist responded that her understanding is that the church and Mr. McHattie are
acceptable to it because that was a condition of approval from their previous application.
She explained that the access would be for both benefiting properties, so when the north-
ern parcel is developed, they would have the same ability to access the drive. She stated
that the city was requiring that the northern leg of the private drive be shifted to the south
so it is well out of the way of the shared access easement.
Bailey asked about the pedestrian access along Jamaica. Lindquist responded that when
Jamaica is rebuilt, a sidewaik would be added. Bailey asked if the church would be as-
sessed at that time. Lindquist responded that it would depend on what the policies are at
that time.
David Deebner, 3784 Monticello Drive, Woodbury, stated that he is the president of Rose of
Sharon Lutheran Church. He stated that he has no comments or questions regarding the
staff report. They are in support of the project and are looking forward to moving on.
Willhite opened the public hearing, No one spoke. Willhite closed fhe public hearing.
Severson made a motion to approve the applications subject to the conditions listed
below. Japs seconded.
Booth asked for clarification on the public access and if whoever develops to north would
be able to hook into that access without any legal problems. Lindquist responded that the
easement could be drafted so that each party equally benefits.
Planning Commission Minutes
December 17, 2001
Page 4 of 9
All applicable permits (i.e., building, electrica/, grading, mechanical) and a com-
mercial plan review packef shall be completed, submitted, and approved by
the City prior to the commencement of any constiucfion activities. Defailed
construction plans shall be reviewed and approved by the Building O�cia/ and
Fire Marshall.
2. Additional brrcking or other architectural treatments shall be required on the
three south facing gabled doorway entrances to give the building a greater
visual variety, Final exterior materials shall be reviewed and approved by the
Planning Departmenf prior to the issuance of a building permit.
3. A revised landscaping plan detailing t6e required changes identified in the re-
port shall be submitted fo and appioved by fhe Planning Department prior to
issuance of a building permit.
4. The applicant shall submif a bona �de cost estimate of the landscaping im-
provements. A letter of credit in the amount of 150 percent of such estimate
shall be submitted to and approved by the City. Upon completion of the land-
scaping requiiements, the applicant shall in writing inform fhe City that said
improvements have been completed. The City shal/ retain the financial guaran-
tee for a period of one yea� from the date of notice to insure the survival of the
plantings. No building permit sha/I be issued until fhe reguired financial guar-
antee has been received and accepted by the City.
5. Concrete curbing shall be requiied around all hard surtace parking/drive areas
except for the demonstrated parking areas. The fnal paiking lot design shall
be reviewed and approved by the Planning Department prior to the issuance ot
a building permit.
6, Trash containers shall be kept in an approved trash enclosure as regulated in
Title 11-6-3, of the City's Zoning Ordinance. Construction of the enclosure shalf
be completed prior to the release of a certificate of occupancy.
7. The demonstrated parking areas shall be completed if the parking on the site
becomes negatively impacted by the proposed use. The city will require the
parking insta/lation based upon impacts to surrounding �oadways and/or
properties relating to parking.
8. Motor vehicle access connecfing directly to 70th Street shall be piohibifed at
this time. Future access to 70th street would require submittal of a detailed
traffic study and approval by the City Council and Washington County,
9. Any rooftop mechanical equipment on the site shall be screened prior to the
certi�cate of occupancy for the addition.
10. All outdoor lighting shall be directed downward and away from abutting
properiy.
Planning Commission Minutes
December 17, 2001
Page 5 of 9
19. The area charges in the amount of $72,220.00 for fhe 10-acre site shall be paid
in full, or arrangements for having the charges assessed against the property
shall be arranged prior fo the re/ease of the building permit.
12. The egress drive to fhe site shall have individual right and left turn lanes, and
the privafe access drive fo the rear of the building shall be relocated further to
!he south.
13. A private overhead i/lumination lamp shal/ be insta/led to at the intersection of
the driveway with Jamaica Avenue. This light needs to be of sufficient design
fhat it is downward direcfed and will be capable of lighfing up the intersection.
The wiring for this structure shall not be overhead lines.
14. An engineered and designed median cut shall be allowed in Jamaica Avenue at
the common ingress/egress drive. Upon recommendation of the city engineer,
turn lanes and acceleration / anes shall be installed at the intersecfion of the ac-
cess point with Jamaica Avenue. AlI costs associated with roadway improve-
ments completed in the public right of way shall be the responsibility of fhe
property owner for said improvements. The applicant signs a petifion and
waiver with the City of Cottage Grove for the extension and construction of
public utilities and the construction of the median cut and turNacceleration
/anes.
15. The grading plan is revised and submitted to the City for review and approval
prior to the City issuing a grading permiL
16. The applicant must receive a permif from Washington County Public Works
Departmenf for the pond outfalL A copy of this permit shall be given to the
City of Cottage Grove prior to the City issuing a grading permit.
17. A ten foof wide public drainage and utility easement paralleling the Church's
soufh boundary line is granted to the City of CoKage Grove.
18. All County and State permitting and licensing requirements are complied with
for the operating of day-care, pre-school, school activities.
19. A copy of fhe shared access drive easement shall be su6mitted to the City
prior to a building permit is issued By the City.
20. A revised site plan is submitted to the City showing a property boundary line
configuration that is consistent wifh the rural lot split approval (City Resolu-
tion No. 00-192) by the City.
Motion passed unanimously.
Planning Commission Minutes
December 17, 2001
Page 6 of 9
6.3 CASE TA01-086
The City of Cottage Grove has applied for a zoning text amendment to amend Title 11-4-
5, Height Limit Modifications, of the City Code.
McCool summarized the staff report and recommended approval.
Willhite opened fhe public hearing. No one spoke. Willhife closed the public hearing.
Japs moved to approve the zoning text amendment. Booth seconded. Motion passed
unanimously.
Applications and Requests
7.1 CASE MP01-082
Aggregate Industries — North Central Region, Inc. has applied for their 2002 annual
mining permit to continue mining operations on Lower Grey Cloud Island.
McCool summarized the staff report and recommended approval subject to the conditions
stipulated in the staff report.
Severson asked if the city does an annual compliance inspection. McCool responded that
the city does visit the site, but he has not counted the trees for a couple of years. He stated
that he does not know of any complaints received by city regarding noise or dust.
Bob Bieraugel, Aggregate Industries, stated that he would answer any questions from the
Commission. He does not have anything to add to McCool's report.
Japs asked how far they have pursued the issue of mining in the river. Bieraugel stated that
it is still on the far back burner.
Wil/hite opened the public hearing. No one spoke. Willhite c%sed the public hearing.
Bailey made a motion to approve the application subjecf to the conditions listed be-
low. Hudnut 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 app/icant is responsible for removing any materials that may have spilled onto
any public roadway. This material shall be cleaned up immediately.
3. The oufer edge of mining limits abutting public right-of-way or private property shall
not be closer than 100 feet to any right-of-way or property line.
Planning Commission Minutes
December 17, 2001
Page 7 of 9
4. Approval of fhe 2002 Mining Permit does nof imply approval fo mine within the
�equired 200-foot setback fiom the Mississippi River or within the River itself.
5. No bituminous/asphalt material shall be buried on the premises.
Bituminous/asphalt, concrefe, and street sweepings originating within the
geographical 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.
between the hours of 10:00 p.m. and 6:00 a.m.J 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. AlI existing trees within the area shown on the Operations Plan as "Future Mining"
as shown on the 2002 Operations Plan shall remain undisfurbed.
8. Aggregafe lndustries pays its proportionate share in the cost of maintenance,
construction, and reconstruction of roads, highways, street, or bridges along all
designated haul routes.
9. Aggregate Industries installs erosion control devices at the base of any s/ope where
erosion is evident A drainage swa/e shall be constructed at the base of any eroding
slope to control runoff and divert it to a sedimentation basin before entering any
natural drainage sysfem. Erosion control measures shall be implemented wifhin a
reasonable amount of time.
10. Historic sites and landmarks on Lower Grey C/oud must be protected and
undisturbed. A minimum of 100 feet shall be maintained between all mining
operations and historic/landmark sites.
Motion passed unanimously.
Approval of Planning Commission Minutes of November 26, 2001
Piggott moved to approve the Planning Commission minutes from the November 26,
2001, meefing. Severson secanded. Motion passed unanimously.
Reports
9.1 Recap of December City Council Meetings
Lindquist stated that at December 5, 2001, meeting the City Council reviewed a Human
Services/Human Rights Commission report on senior housing and decided to prepare a re-
quest for proposal for senior housing including potential sites, proximity to retail, and fi-
nancing. She stated that a timeline was not set but she will keep the Commission up to
date. She reported that the Council had revoked the conditional use permit for A& F Auto
Planning Commission Minutes
December 17, 2001
Page 8 of 9
in June. She explained that A& F Auto had until the end of November to bring the property
into compiiance with the underlying zoning, which is R-4. Because that was not done, the
Councii passed a resolution ordering abatement of the nuisance conditions. She stated that
Council approved a location for a neighborhood park in Hidden Valley, which was re-
quested by residents of that area during the comp pian discussions.
Lindquist stated that the second meeting in December had not been heid yet but the
agenda consists of the Timber Ridge 2nd Addition, the Mike Ftygh commercial project at
70th and Hinton, and the Cedarhurst conditional use permit and liquor license public hear-
ing. She reported that the Councii would also consider a final plat application for Alimar
Village Townhomes. She explained that the plat was originally approved, but some building
footprints do not coincide with the sizing of the units. This plat does not change the set-
backs, and the length of the building footprint is generally consistent with what was shown
on the original plat; it is just the interior lots lines that are changing. The one exception is
that a couple units east of the pond would be expanded and a unit would be dropped, so
the actual full length of the two building footprints would be less than what was previously
approved. She stated that the Council will be asked to consider approval of the feasibility
study for 80th Street Redevelopment project, which includes Hardwood Avenue and the
Kohis site, and order the plans and specs for that project.
9.2 Committee Reports
Japs reported that the Advisory Committee on Historic Preservation discussed the Old
Cottage Grove Historic District and what are its significant buildings and structures. He
stated that the Old Town Hall in Langdon has been painted and new doors installed. He
stated that the Commission also discussed the Healy House, which the Planning Commis-
sion heard at last month's meeting. They discussed the Old People's Cemetery, which is
located right on the crown of 70th Street, abutting a proposed subdivision, Acorn Ridge,
that will be before the Commission in January. He then stated that the Committee was
hoping that funding, possibly from parks dedication, could be directed towards that. He
stated that it is potentiaily a destination for bikers using the trail along 70th Street, and it is
also a potential for a stopping point historic tours of the community.
9.3 Planning Commission Requests
Severson asked about the status of the nuisance ordinance. Lindquist responded that staff
will try to schedule public hearings for the January meeting. She stated that the proposed
ordinances have been posted on the city's web page and there was an article in the Bulle-
tin. She stated that the city has received a few responses from residents regarding the pro-
posed ordinances.
Severson asked if a traffc study has been done for the area of 70th Street, Keats Avenue,
and Military Road. Lindquist responded that the County was collecting base information for
traffic counts but they were�'t going any farther than that at this point. Severson then asked
if the County or City had any intent at the current time to do that traffic study. Lindquist re-
sponded that the city had a traffic study done for the A�mar Village itself. She stated that
she was told by the County that they were taking a hard look at that area, but ali they have
done was some traffic counts. She stated that the city will probably request the County do a
Planning Commission Minutes
December 17, 2001
Page 9 of 9
traffic study. Japs stated that he is concerned about that intersection because that area
would be developed in the future. Booth asked if there has been any discussion on re-
alignment of 70th Street. Lindquist stated that she was told by the County that they would
be looking which one would 6e the premier intersection. Booth asked if there was some
way the city could expedite that study. Lindquist stated that staff would send a letter to the
Counry requesting that.
Ralph McHattie stated that they had talked to Washington County Commissioner Myra
Peterson about Jamaica and 70th because it is getting to be a dangerous corner.
Booth asked if that would constitute a Planning Commission request to look into that issue
with the County. Wiilhite stated that that has been done. Lindquist stated that she could ask
them again. She explained that the last letter she sent stated that the city wanted to be in-
volved with the traffic study.
9.4 Response to Planning Commission Inquiries
None.
Adjournment
Booth made a motion to adjouin. Severson seconded. Motion passed unanimously.