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HomeMy WebLinkAbout2007-01-22 MINUTESCity of Cottage Grove Planning Commission January 22, 2007 Pursuant to due cali 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 22nd day of January 2007, in the Council Chambers and telecast on local Government Cabie Channel 16. Call to Order Chairperson Brittain called the meeting to order at 7:00 p.m. Roll Call Members Present: Shane Bauer, Ken Brittain, Jason Cavallo, Tina Folch-Freiermuth, Rod Hale, Tracy Poncin, Chris Reese, David Thiede Staff Present: Howard Blin, Community Development Director John McCool, Senior Planner Mark Grosskiaus, City Council Approval of Agenda Motion by Hale, second by Reese, to approve the agenda. Motion approved unani- mously (8-0 vote). Open Forum Chairperson Brittain 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 Chairperson Brittain explained the purpose of the Planning Commission, which serves in an advisory capacity to the City Council, and that the City Council makes alI final decisions. In ad- dition, 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 Linder's Greenhouse — Cases ICUP07-001 �inder's Greenhouses, Inc. has applied for an interim conditional use permit to allow a temporary greenhouse in the Rainbow Foods parking lot, 7282 East Point Douglas Road. McCool summarized the staff report and recommended approval subject to the conditions stipulated in the staff report. Planning Commission Minutes January 22, 2007 Page 2 of 9 Caio Cella, 1949 Catalina Drive, Woodbury, stated that 2007 will be their 11th year operating in Cottage Grove and they are happy to have the opportunity to provide their services to the citizens ofi Cotiage Grove. Poncin asked why the interim conditional use permit is for five years. McCool responded that five years has been the standard, explaining that interim conditionai uses are specified for a period of time. He stated that because there have not been any issues related to this applica- tion, it is not necessary to review the ICUP every year. The city does require that they will need to make application and pay the ICUP fee every year, but there won't be another public hearing until the ICUP expires. Cavallo asked if the flags are part of the sign package. McCool responded yes. Brittain opened the public hearing. No one spoke. Brittain closed the public hearing. Thiede made a motion to approve the application subject to the conditions listed below. Hale seconded. Cavallo asked to amend the conditions of approval to remove the flags on the green house as they could be a distraction to drivers and the flags are not aestheticaily pleasing. Brittain asked about the viewing angle from the street. McCool responded that the grade from East Point Douglas Road to the parking lot is about eight to ten feet. Brittain asked with respect to visibil- ity did Cavallo have one concern over another. Cavallo stated that it would be a distraction to drivers in the parking Iot and possibility on the street. McCool explained that they are oniy mounting two flags to the frame of the temporary greenhouse and he does not believe that would be a significant safety issue. Cavallo asked about the size of the flags. Cella stated that the flags would be on each end of the greenhouse, and it would be 14 to 18 feet to the top of the flags. Cavallo asked about the width of the flags. Cella responded three feet. Thiede and Hale do not see issues with the flags and did not agree to amend their motion. 1. The lnterim Conditional Use Permif will expire five years from the date approved by the City Council. 2. A five-pound ABC rated fire extinguisher must be stored in the temporary greenhouse structure and no smoking signs posted. 3. All electrical connections must comply with State electrical requirements. 4. Overhead electrical service or electrica! extension cords are prohibited from any power source wifhin the parking lot to the greenhouse. 5. A bui(ding permit for the temporary greenhouse must be issued by the City before the temporary structure is erected. A buitding permit is required for each year the tempo- rary greenhouse is used on the property. 6. The canstruction/use of the temporary greenhouse in conjunction with outdoor display and sales of nursery products or other garden related merchandise is allowed beiween Planning Commission Minutes January 22, 2007 Page 3 of 9 the hours of 8:00 a.m, and 8:00 p.m. from March 15 through July 20. The sales area musf be /ocated as detailed on Exhibit A of this staff report or in the northwest corner of Rainbow Foods' parking lot where their motor fuel station once existed. 7. Landscaping materials, plantings, pa!lets, merchandise, supplies, and fencing must not encroach into the drive aisies of the parking lot. 8. lf the City determines that fhere is a parking shortage due fo the femporary green- house, outdoor storage, or outdoor display of landscaping products, the City may make amendments to the lnterim Conditional Use Permit to correct the situation. 9. Additional signage is permitted on the temporary greenhouse as depicted in Exhibit C. 10. The water ba//ast system that holds the temporary greenhouse down must be main- tained to ensure none of the ballast containers leak. Motion passed unanimously (8-to-0 vote). 6.2 Aggregate industries — Case MP07-003 Aggregate industries has applied for their 2007 mining permit to continue their mining op- erations on Lower Grey Cloud Island. McCool summarized the planning staff report and recommended approval subject to the con- ditions stipulated in the staff report. Patty Christensen, Aggregate Industries, 12075 Grey Cloud Trail South, and Doug Wermerskirchen, Aggregate Industries, 12085 Grey Cloud Trail, stated that they are agreeable to planting 380 trees this coming year to make up for the previous years' loss. Christensen asked that the number of trees to be planted be revisited next year. She stated that their op- erations will continue as they have over the past years. Hale asked if the language on page 6 of the report regarding the reclamation plan could be clarified so it says that this is only a concept plan and not an approved pian. Blin responded that staff would look at that language prior to the application going to the City Council. Thiede asked when potentially the reclamation would take place. McCool responded that the mining operations on the island would end in about 14 years, unless they are ever able to mine in the river, which extend their operations for another 20 years. Thiede asked about the sched- ule for reclamation, whether it would be gradual as they moved their operations to another part of the island or when they ceased mining operations. Christensen responded that they could be mining concurrently. She noted that they have started the EIS process. Brittain opened the pubiic hearing. No one spoke. Brittain closed the pubfic hearing. Cavallo expressed concern about having 5 percent of the materiais trucked out due to safety issues and wear and tear on the roadways. He suggested a phased reduction of truck traffic over the next few years, down to 1 to 2 percent of the materials. Planning Commission Minutes January 22, 2007 Page 4 of 9 Brittain asked where the 5 percent of materials that are taken by truck goes. Wermerskirchen responded that material goes to the local area, including Cottage Grove, Hastings, and Wood- bury. He explained that the amount taken out by truck varies based on the projects occurring in the area, and 5 percent is the maximum amount. Brittain asked how long they have been op- erating their facility. Wermerskirchen responded since 1952. Thiede noted that is more economic to take the material by barge except for the product going to the Iocai area. Brittain asked staff if there have been any issues with the truck traffic. Blin responded no. Brittain stated that the company has been there for over 50 years, there have been no issues due to truck traffic, growth in that area won't occur for years, and the operations will cease sometime in the future, so he does not see a need for restrictions on truck traffic. Thiede agreed with Brittain. Cavallo explained that he was asking for a reduction to truck traffic was to allow Cottage Grove businesses to purchase the material but every other business in other cities wouid need to have it shipped out from St. Paul, which would reduce the road damage and the amount of the assessments for the property owners on 100th Street. Wermerskirchen responded that if this reduction was implemented they may have to turn away even Iocal customers if a certain ton- nage was reached. Hale stated that if the city implements this policy against one company, it should be applied to all the other industries in the area. He believes that it is unnecessary. Cavallo responded that Aggregate Industries would probably have the most tonnage than the other companies in the industrial park. Brittain responded that they may not have the tonnage but there will still be a lot of truck traffic from those other companies. He stated that this could be monitored in the future if it ever became a problem. Reese made a motion to approve the applications, subject to the conditions listed be- low. Poncin seconded the motion. Hale asked for an amendment to the paragraph on page that references the reclamation plans so it does not lock the ciiy in to the attachment as being the recommendation. Blin stated that the Ianguage would be modified. Reese and Poncin agreed to amend their motion. 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 materia/s that may have spilled onto any public roadway. This material shafl be cleaned up immediately. 3. The outer edge of mining limits abutting public right-of-way or private property must not be c/oser than 100 feet to any right-of-way or property line. 4. The "future mining" designation on the 2007 Operations Plan is only an illustration of the applicanYs future desire to mine in those areas. City approval of the 2007 Op- erations Plan does not guarantee mining permit approva/ for areas shown as "future Planning Commission Minutes January 22, 2007 Page 5 of 9 mining." Approval of the 2007 Mining Permit does not imply approval to mine within the required 200-foot setback from the Mississippi River or within the Mississippi River itself. 5. Bituminous/asphalt materials are prohibited from being buried on the premises. Bitu- minous/asphalt, concrete, and street sweepings originating within the geographical boundaries of Cottage Grove may be temporarity 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 nofification by neighboring residents that the night-time operations (i.e. between 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 identi�ed and appropriate corrections are made. 7. All existing trees within the area shown on the 2007 Operations Plan as "Future Mining" must remain undisturbed. 8. Aggregate Industries must insfatl erosion control devices at fhe base of any slope where erosion is evident. A drainage swale must be constructed at the base of any eroding slope to contro! run-off and divert it to a sedimentation basin before entering any natural drainage system. Erosion control measures must be implemented within a reasonable amount of time. 9. Archeological and landmark sites on Lower Grey Cloud must be protected and undisturbed. A minimum of 100 feet must be maintained between all mining opera- tions and historic/landmark sites. 10. A minimum of 380 trees must be planted. The plant sizes wi!l be based on #he recom- mendations of the arborist to improve their survivability. The applicant continues to work with a certified arborist meeting city approval in creating a revised p/anting plan and to monitor the survival of alI newBy planted trees. The arborist musf fite a report with the city twice a year documenting the survivability of tree plantings and recommendations for future planting plans. 11. The applicant is responsible for obtaining all state and federal permits relating to their mining operations on Lower Grey Cloud !sland. Motion passed unanimously (8-to-0 vote). 6.3 Cingular Wireless Antenna — Cases CUP07-004 and V07-005 New Cingular Wireless PCS, LLC has applied for a conditional use permit to allow an an- tenna on property north of 70th Street (County Road 22) and west of Highway 95 (Manning Avenue) and a variance to Title 11-4-7D(4)(d), Setback Requirements. Blin summarized the staff report and recommended approval subject to the conditions listed in the staff report. Planning Commission Minutes January 22, 2007 Page 6 of 9 Sarah Michaels, 10893 Jubilee Circle, Unit A, Lakeville, explained that the location on the property that they have proposed for the tower is not being used for farming. She displayed the corrected coverage maps. Thiede asked how far from Highway 95 the tower would be. Blin stated about a half mile. Hale asked where the ciosest residential building was located. Michaels stated the Longs have a house on a one-acre parcel just north of 70th Street and just west of Manning Avenue. Hale asked where the Lankow's live, who wrote the letter opposing the application. Blin pointed out the location of their property on the map. Brittain asked what level of zoning change would precipitate the removal of the tower. Blin re- sponded any residential zoning, R-1 or greater. Bauer asked about the basis for the three-foot setback for every one foot of the tower's height. Blin responded that was enacted when there was a concern about what would happen if a tower fell and for aesthetic reasons to have towers located further from adjoining properties. Thiede asked if the property owner closest to the proposed tower commented on the applica- tions. Michaels responded that she has not heard from him. Blin stated that staff notified prop- erty owners beyond the required 500-foot radius. Hale asked how much property Cingular will lease for the tower. Michaels responded the fenced-in compound will be 50 feet by 50 feet. She explained that the existing field road along the property line between the Long and Borner properties will be part of the access road. Reese asked about the fencing. Michaels responded that it would be a six-foot high chain-link fence. She stated that they also provided for screening because it would be visible from the road, although they are as far back as possible away from the road. Thiede asked about the life span of the towers. Ron Mielke, 6001 West 99th Street, Bloom- ington, stated that with maintenance these towers could last forever. Cingular inspects and maintains their equipment on a monthly basis. He then explained that the 3:1 setback ratio is mainly for safety reasons; however if these towers fail, they will bend at the fail spot that is built into each tower. Thiede asked about the lease terms. Mielke responded that they have a long- term lease for five years with options for renewal. He expressed concern about the condition requiring removal of the tower if the property is ever rezoned due to the expense of construct- ing the tower. However, he was glad to hear that rezoning of this property could be 20 years in the future. Biin added that before the property is rezoned, a water tower will have been built to west in the East Ravine area. Reese asked about access to the site. Michaels responded they would utilize the existing field road between the Borner property and the Long property and then add a stub road to the lease area. Mielke stated that the utilities will run underground through the easement. Brittain asked if that would be a dirt road. Blin responded that as part of the building permit, the city will re- quire aggregate 100 feet back from 70th Street so the trucks drop any mud and dirt before they hit the main road. Brittain opened the public hearing. Planning Commission Minutes January 22, 2007 Page 7 of 9 Harlan Olson, 6120 Manning Avenue, stated that this tower would be within their sight and he opposes putting the tower at the proposed location. He also believes the property it is being buiit on is being cultiva�ed. He noted that there are ihree fowers in the area already. He sug- gested siting the tower on public land south on County Road 19, which has a lot of open space that won't be developed. No one e(se spoke. Brittain closed the public hearing. Thiede asked if the proposed antenna location would be a good location for a future water tower. Blin responded that there will be the need for a water tower east of Keats and it would probably be located between Lamar and Keats Avenues. In terms of development timing, staff does not expect that the East Ravine area would be completed for at least 15 to 20 years and then the next area proposed to be developed would be south of 100th Street. Brittain recommended that before these applications go to Council, that stafF project the time- frame for constructing a water tower in the area so Cingular would know if that construction was imminent and they could locate their antennas there instead of building a tower. Mielke stated that their timeline for construction of this tower is 2007. Britfain made a motion to approve the applications subject to the conditions listed be- low with a request that staff review potentiat water tower issues. Reese seconded the motion. Hale pointed out that the city's ordinance permits this use on the subject property and he does not believe that the city could deny the applications. Brittain agreed and stated that he likes the condition about removing the tower if the property is rezoned. 1. A minimum of 325 feet must separate the 150-foot high monopo/e and the west prop- erty line. 2. A restrictive covenant stating that an area on botH parcels that is equiva/ent to the required setbacks are considered to function as one parcei for purposes of the set- backs and other ordinance criteria. The covenant precludes the sale of the restricted parcel independently so /ong as the EMCF monopole exists on the properiy. The landowner, with the City's permission, may remove the covenant if the EMCF is re- moved or otherwise brougnt into compliance with City ordinances. 3. The applicant must comp/ete a building permit application for the monopole and the City must issue the permit before any construcfion can begin. 4. No advertising will be allowed to be displayed on or affixed to the monopole. 5. THe equipment bui(ding must be constructed of block or brick matching established City specifications. 6. The monopole, antennas, and exposed cab/es must be painted a cumulus color matching City specifications and be ma+ntained in an appropriate condition (e.g.; no paint chipping or pealing). Planning Commission Minutes January 22, 2007 Page 8 of 9 7. The electrical feed from 70th Street to the site must be underground. 8. The monopole, antennas, and afi reiateci equipment must be removed if the property is re- zoned to an urban residential classification. 9. The perimeter of the site that is visible from the public roadways musf be screened with a variety of coniferous shrubs and trees that meets the approval of the Planning Division. Motion passed unanimously (8-to-0 vote), Discussion Items 7.1 Sign Ordinance Revisions Blin summarized the memo regarding sign ordinance revisions and gave background on the moratorium the City Council approved for digital signs. He also described the new digital signs that are appearing around the metro area. He stated that staff's initial response is that the city should prohibit those signs because they are distracting. He suggested that these signs could be regulated by limiting tne number of times the image could change, such as once every eight hours. He asked for guidance from the Commission on whether these signs should be banned or regulated in some fashion. It was the consensus of the Commission that electronic bill- boards and signs should be prohibited and that the language should be inclusive of current and future technologies. The Commission also asked to look into possibly allowing gas price signs to be electronic as long as the language is specific enough for only gas price signage, which is required by state law, and regulates issues such as how bright the sign is. Blin then asked the Commission about allowing temporary open house signs. The Commission re- sponded that they would also like to discuss that issue. 7.2 Commercial and Industrial Architectural Standards McCool summarized the proposed ordinance for architectural standards for new commercial and industrial development and displayed some drawing and photos that could be incorporated into our ordinance. He asked for feedback from the Planning Commission. It was the consen- sus of the Commission that the proposed ordinance was a good starting point, the ordinance should address consistency of architecture within development areas, and there should be standards but they should not be too tight that they discourage creativity in building design. Hale asked if there has been any discussion among planners about the growth of strip malls and if there are ways to make sure they all don't look alike. Blin stated that staff will bring more information on strip malis to the Planning Commission. Approval of Planning Commission Minutes of November 27, 2006 Being that there were no corrections or additions to the November 27, 2006, minutes, they were approved as sent. Planning Commission Minutes January 22, 2007 Page 9 of 9 Reports 9.1 Recap of December and January City Council Meetings Blin reviewed the items discussed by the City Council at their meetings on December 6, 2006, December 20, 2006, January 3, 2007, and January 17, 2007. 9.2 Response to Planning Commission Inquiries None. 9.3 Planning Commission Requests Hale asked about the public hearing on the proposed roundabouts at Jamaica Avenue and Highway 61. McCool responded that the hearing would be held on February 21, 2007. Cavallo asked if the Planning Commission couid discuss an ordinance to require car washes to recycie their water. Brittain reported that Commissioner Kronlund has resigned from the Commission due to her work schedule. He extended appreciation to her for her work on the Commission. Adjournment Motion by Hale, seconded by Reese, to adjourn. Motion carried unanimously (9-to-O). The meeting adjourned at 9:06 p.m.