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HomeMy WebLinkAbout2012-03-07 PACKET 04.A.iii.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM#jjj .. DATE 3 17/12 PREPARED BY Community Development John McCool ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST Receive and place on file the approved minutes for the Planning Commission's meeting on January 23, 2012. STAFF RECOMMENDATION Receive and place on file the approved Planning Commission minutes for the meeting on January 23, 2012. BUDGET IMPLICATION $N /A $N /A N/A BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE ADVISORY COMMISSION ACTION DATE ® PLANNING 2/27/12 ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES /RIGHTS ❑ ECONOMIC DEV. AUTHORITY REVIEWED APPROVED DENIED ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ SUPPORTING DOCUMENTS ❑ MEMO /LETTER: ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Planning Commission minutes from meeting on January 23, 2012 ADMINISTRATORS COMMENTS City Administrator Date COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER City of Cottage Grove Planning Commission January 23, 2012 A meeting of the Planning Commission was held at Cottage Grove City Hall, 7516 — 80th Street South, Cottage Grove, Minnesota, on Monday, January 23, 2012, in the Council Chambers and telecast on Local Government Cable Channel 16. Call to Order Interim Chair Messick called the Planning Commission meeting to order at 7:00 p.m. He wel- comed new Planning Commissioner Lise' Rediske. He noted that Chris Reese, a former Planning Commissioner was also appointed but was not able to attend tonight's meeting. Roll Call Members Present: Ken Brittain, Steve Messick, Brian Pearson, Lise' Rediske, Jim Rostad, Maureen Ventura Members Absent: Ryan Rambacher, Chris Reese, Randall Wehrle Staff Present: John McCool, Senior Planner John M. Burbank, Senior Planner Robin Roland, Director of Finance and Community Development 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 Ventura made a motion to approve the agenda. Pearson seconded. The motion was ap- proved unanimously (6 -to -0 vote). 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 ex- plained the process of conducting a public hearing and requested that any person wishing to speak should go to the microphone and state their full name and address for the public record. Public Hearings and Applications 6.1 Aggregate Industries 2012 Mining Permit — Case MP12 -001 Aggregate Industries — North Central Region has applied for their 2012 mining permit to continue their mining operations on Lower Grey Cloud Island. Planning Commission Minutes January 23, 2012 Page 2 of 9 McCool summarized the staff report and recommended approval subject to the conditions stipulated in the staff report. Patty Christianson, Aggregate Industries, stated that their operations would continue pro- ceeding westward, and they will remove roughly the same amount of material this year as last year. She noted that most of the material was barged up the river, with about 3,000 tons trucked out of the Nelson Mine. They anticipate that would be roughly the same for 2012. They are going to continue with their oak savannah reclamation plan this year and keep nurturing the plantings. The trees are doing very well; five died from the 60 that were planted in 2010, and they were replaced this year. Messick asked if anyone wanted to speak on this application. No one spoke. Brittain made a motion approve the mining permit application with a variance to allow the dredge to operate 24 hours per day, seven days per week, based on the findings of fact and subject to the conditions listed below. Rostad seconded. Findinqs of Fact: A. The City has allowed the dredge to operate 24 hours per day seven days per week since 1995 when the dredge was first installed. B. Since the dredge has been operation, only one noise complaint was received by the city. That complaint was received in 1996. The applicant was contacted and the problem was resolved in a timely manner. C. Residents are encouraged to immediately contact Aggregate industries of any noise issues so that the problem can promptly be identified and mitigated in a timely manner. D. The variance relating to the hours of operation will be evaluated annually. Conditions of Approval. 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 spilled onto any public roadway. This material shall be cleaned up immediately. 3) The outer edge of mining limits must be a minimum of 100 feet from abutting public right -of -way, private property, or any archeological sensitive area. 4) The "future mining" designation on the 2012 Operations Plan is only an illustra- tion of the applicant's future desire to mine in those areas. City approval of the 2012 Operations Plan does not guarantee mining permit approval for areas shown as "future mining." Approval of the 2012 Mining Permit does not ap- prove their ability to mine within the required 200 -foot setback from the Missis- sippi River, within the Mississippi River itself, or in the vicinity of archeological sensitive areas. Planning Commission Minutes January 23, 2012 Page 3 of 9 5) Bituminous /asphalt materials are prohibited from being buried on the premises. Bituminous /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. 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 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 diver` it to a sedimentation ba- sin before entering any natural drainage system. Erosion control measures must be implemented 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 acciden- tally 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 ap- plicant and landowner have considered. The City's approval of the 2012 Opera- tions Plan does not guarantee approval or imply future approval of the Harbor Island Concept Plan. 12. The City approves the Oak Savanna Reclamation Plan, Revised 9 -3 -10. If a pre- scribed burn is scheduled, the applicant must notify the City and property own- ers on Lower Grey Cloud Island a minimum of five business days before burning. A burning permit from the Mn/DNR is required. Motion passed unanimously (6 -to -0 vote). 6.2 Cedarhurst Adult Daycare — CUP12 -002 Xoua Thao has applied for a modification to Cedarhurst's existing Historic Places Condi- tional Use Permit to allow for licensed adult daycare in addition to the current allowed uses at 6940 Keats Avenue South. Burbank summarized the staff report and recommended approval subject to the conditions stipulated in the staff report. Planning Commission Minutes January 23, 2012 Page 4 of 9 Brittain asked if the proposed use would balance with the approved uses that allow the serving of alcoholic beverages. Burbank responded that a condition could be added that al- cohol would be prohibited in conjunction with this use. Brittain asked why this property was zoned agricultural given the number of commercial uses allowed by the Historic Places Con- ditional Use Permit (HPCUP). Burbank responded that the current zoning allows the City to manage the land use; if the property was guided and zoned as commercial right now, any type of commercial use could come in as long as it meets the standards of that zoning dis- trict. Xoua Thao, owner of Cedarhurst Mansion, stated that over the past years they have hosted weddings on the weekends but with the economic conditions and the fact that Cedarhurst is practically empty every day from 8:00 a.m. to 5:00 p.m., they researched additional commer- cial activities. They decided that an adult day care service would be appropriate. They have not yet applied for the day care services license with the Minnesota Department of Health and Human Services, but will proceed if this conditional use permit is approved. Rediske asked if there is enough parking to accommodate the proposed 50 people. Thao re- sponded yes, noting that there are two parking lots on the property that can accommodate 200 people at weddings. Rediske expressed concern about potential parking on 70th Street. Thao responded that there is no street parking during weddings. Rediske asked if there are any other adult day cares in the Cottage Grove area. Thao stated that they talked to an agency about adult day care services in this area, and they were encouraged to explore this. Ventura asked how long the licensing process with the state takes. Thao responded that af- ter they apply, several agencies would review the applications and inspect the property to assess the suitability for that type of service; it could take anywhere from two to six months. Messick opened the public hearing. Mary Marty, 5846 259th Avenue NE, Stacy, Minnesota, owner of the property at 9905 Military Road which is adjacent to Cedarhurst, passed out information to the Commission. She stated that they moved in 2006 when they received a purchase agreement as part of the development in the East Ravine. When they lived at the property on Military Road, they had numerous complaints about issues at Cedarhurst, including noise and wandering people. She stated that they oppose the proposal. She read the information that was passed out out- lining the reasons for their opposition. Those reasons include human services programs are inappropriate in residential areas, this use could hinder marketing the properties in the area for development, and it could open the door for other human services programs in the area. She also expressed concern about safety issues in the event of a fire or emergency, noting that when the Catholic Church owned the property they wanted to turn it into a home for re- tired priests, but the fire marshal would not allow that due to fire issues and exiting problems. She questioned the qualifications of the owners of Cedarhurst to run an adult day care and asked how many staff would be caring for the people attending the program. Marty asked about the zoning and how this use could be allowed at Cedarhurst. Burbank responded that the City's historic places conditional use permit process allows for certain limited uses. He explained that the criteria for the HPCUP. He noted that if the property was zoned commer- cial, they would just need to meet the City's performance standards for any permitted or conditional uses within that district to open up a business. Marty also asked who would mon- itor the day -to -day operation. Planning Commission Minutes January 23, 2012 Page 5 of 9 True Thao, manager and co -owner of Cedarhurst, addressed Marty's concern about safety. He explained that the reason the diocese was not allowed to operate a convalescent home was because of narrow hallways upstairs. This proposed use would not have anyone staying overnight; they would only be there during the day. He noted that there are a number of en- trance and exit points at Cedarhurst. He then explained that many of the guests would be transported into the facility via commercial buses and there will not be a significant increase in traffic activity. This proposed use should not have an impact other than to increase the ac- tivities in the building. Thao responded to the concern about the liquor license noting that al- cohol is served for receptions and they block the bar off for other activities, such as their af- ternoon teas. Burbank stated that the City's Building Official and Fire Marshal will inspect the structure, and different divisions within the Department of Health will conduct inspections on the septic system and food services. The structure will also be checked for compliance with ADA requirements during the licensing inspections. Rostad asked who monitors the staffing issues with the property being mixed use. He also asked if the staff would also do the afternoon teas along with caring for the participants. Thao responded that if the day care goes well they would not have any other activities. Cur- rently on staff they do have all the professionals necessary to meet licensing requirements. The DHS will be working closely with them on that and will monitor them very closely. Rostad asked if the same ratio needs to be maintained if some of the individuals are outside and some inside. Thao responded that the number of people attending the program will vary on a day -to -day basis but they want to open it up to a maximum of 50 people and they will have the appropriate staffing each day. Rostad asked if there would be enough monitoring to en- sure that individuals do leave the Cedarhurst property. Thao responded that there is a fence between their property and the Marty property. Pearson asked if they would be staffing the adult day service center themselves. Thao re- sponded yes. Pearson asked if the staff has to pass certain criteria. Thao responded that among the four of them, three have the necessary licenses. They do need to find a physical therapist. Thao stated that he has an LICSW, their chef is a licensed nutritionist, their com- mercial kitchen is currently licensed, and his wife is a registered nurse. Burbank stated that as part of the licensing procedure, the State would look at that. Thao stated that they want to be granted the conditional use permit before proceeding with the licensing process. Messick stated that he is confident that with the State, County, and City regulating the safety aspect. The concern he has is the neighboring owners who are worried about the value of their property. He stated that concern is within the jurisdiction of this Commission but he does not know how this changed use would diminish neighboring property values. Marty stated the property is very close to Cedarhurst and she sees the buses as a potential prob- lem for anybody who wants to buy her property. Thao stated that they are just asking for an additional conditional use permit to provide day care services for people to come in the morning and leave by 5:00 p.m. Messick closed the public hearing. Burbank noted that the request on the application is for 8:00 a.m. to 4:00 p.m., but staff's recommendation is for 7:00 a.m. to 6:00 p.m. to provide flexibility for traffic staging. He stated that staff also discussed addressing the Commissioners' concerns by recommending that a condition be added that there would be no parking on 70th Street or Keats Avenue. Planning Commission Minutes January 23, 2012 Page 6 of 9 Rostad made a motion approve the application subject to the conditions listed below and an added condition to not allow parking on 70th Street or Keats Avenue. Brittain seconded. 1. All conditions of Resolution No. 01 -198 shall be complied with. 2. The conditional use permit shall be recorded with Washington County as re- quired by Minn. Stat. 462.3595, subd. 4 before the use commences. 3. The additional limited commercial venture that is permitted by this permit is li- mited to a licensed Adult Day Service Center. 4. The Applicant shall obtain all required licensing from the Minnesota Department of Human Services. 5. Any modifications to the building's exterior must be reviewed by the City's Advisory Committee on Historic Preservation. 6. All applicable permits (i.e., building, electrical, grading, mechanical) must be completed, submitted, and approved by the City prior to the commencement of any licensed activities. Detailed construction plans must be reviewed and ap- proved by the Building Official. 7. The property shall be inspected by the City Fire Marshal and all requirements arising from the inspection shall be completed prior to the commencement of any licensed activities. 8. The property shall be inspected by the Washington County Health Department and all requirements arising from the inspection shall be completed prior to the commencement of any licensed activities. 9. The private septic system compliance shall be reviewed and inspected by the Washington County Health Department. 10. The hours of business operation shall be limited to 7:00 a.m. to 6 :00 p.m. week- nights. 11. Signage on the property is limited to three (3) square feet. 12. All outdoor activities must be supervised by the applicants or designated staff. 13. The final parking design is required to be reviewed by the Planning Staff. Any parking improvements on the site must not negatively impact the drainage of the site or adjacent properties. 14. Any fencing utilized on the site must be reviewed and approved by the City His- toric Preservation Officer. Planning Commission Minutes January 23, 2012 Page 7 of 9 15. All waste removal from the site must be contracted with a commercial refuse hauler. 16. 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. 17. The standard City and State nuisance ordinance rules will be applicable to the site. If the City receives complaints, the property owner must bring the site into compliance upon notification by the City. 18. .Repeat violations related to the licensed use or l-IPCtIP permit criteria will re- quire additional review of the historic places conditional use permit by the City Council, with possible revocation of the conditional use permit as a remedy. Motion passed unanimously (6 -to -0 vote). 6.3 Park Dedication Fees — Case TAl2 -003 The City of Cottage Grove has applied for an amendment to the City's Subdivision Ordin- ance, City Code Title 10 -4 -3C, Schedule of Park Dedication Requirements, to decrease the cash amount required to be paid in lieu of a land dedication for subdivision of resi- dential land. McCool summarized the staff report and reported that the Parks, Recreation and Natural Resources Commission had also supported the proposed park fee in lieu of land dedication reduction. McCool explained that the fee is based on raw land value of $80,000 per acre. Staff recommended approval of the text amendment reducing the park dedication fee in lieu of land dedication from $4,200 to $3,200. Messick opened the public hearing. No one spoke. Messick closed the public hearing. Ventura made a motion approve the text amendment. Pearson seconded. Motion passed unanimously (6 -to -0 vote). Burbank commented that this is one of the first steps in the City's process of looking at de- velopment fees related to growth within the community. Messick stated that he believes that this change represents a good balance to ensure funding for future park improvements and green space continues in the public's interest and is fair to developers that want to build in Cottage Grove. Discussion Items 7.1 Discussion on Season Sales ICUPs (i.e.; Garden Centers, Transient Sales) McCool summarized the staff memorandum and asked the Commission if the City should allow transient sales in the community. He explained that the City Council requested that the Planning Commission review this issue to ensure current ordinance regulations do not detri- Planning Commission Minutes January 23, 2012 Page 8 of 9 mentally impact existing businesses in the community. McCool reported that the businesses with interim sales attract customers to their business and believe customers find it conve- nient. These businesses explained that the temporary outdoor vendors pay money and/or a percentage of profit to the underlying business owner. The businesses said they would not permit these outdoor vendors on their property if the operation was a problem or deterrent for them. They do not believe that the amount of sales generated would not be that signifi- cant for other businesses in the City. He noted that any comments from the Commission would be forwarded to the City Council. Messick stated that any proposal premised on favoring local tax - paying businesses could in- vite a lawsuit. His thought is that businesses like Rainbow that allow interim sales in their parking lots are seeing some revenue. He noted that there has not been much discussion about transient merchants and asked if there has been anything that could be classified as transient merchants operating in the City. McCool responded no. He stated that there was an inquiry about whether a food delivery service could deliver products to customers at the park and ride facility. However, other people at the park and ride facility may want to purchase items from that vendor. The City Code does not reference transient merchants. This topic could also be included in the commercial zoning ordinance workshop discussions. Messick asked if the Met Council's regulations would trump our ordinances. McCool responded that this particular land use regulation is a local issue and not regulated by the Metropolitan Council. Ventura stated that she would like to see other cities' guidelines for transient merchants. McCool stated that most cities require merchants to obtain a license from the city. He stated that staff could provide some sample ordinances for the next workshop discussion. There was a question about transient sales being done as a fundraiser. McCool responded that was addressed in some ordinances, where presales would be made for fundraisers and people would pick up the products from a truck in a parking lot. Ventura stated that should be part of the discussion. McCool asked if the Commission had any concerns regarding interim conditional use permits for temporary garden centers and if our ordinance should be amended to disallow them. Brittain stated that he does not see a negative impact with these businesses; he sees it as a positive impact that keeps residents from going to other communities for those types of retail services. Approval of Planning Commission Minutes from November 28, 2011 Rostad made a motion to approve the minutes of the Planning Commission meeting on November 28, 2011. Ventura seconded. The motion passed unanimously (6 -to -0 vote). Reports 9.1 Recap of December and January City Council Meetings McCool noted that no Planning applications came before the City Council. He reported that on January 18 the Council appointed Lise' Rediske and Chris Reese to the Planning Com- mission, and the All Commission Meeting was held on January 14. Planning Commission Minutes January 23, 2012 Page 9 of 9 Thiede stated that on December 21 the Council entered into an agreement with the Friends of the Mississippi River to develop a natural resources management plan for the River Oaks Scenic Overlook. The City is looking at the re -use of the municipal pool building and site. Thiede reported that the City Council did not order the pavement management projects pro- posed for this year and referred this matter to the Public Works Commission. 9.2 Response to Planning Commission Inquiries 70th Street Roadway Improvements — Future Protect McCool stated that at the November 28 meeting there was a question about the design of 70th Street between Hinton Avenue and Highway 61, and he summarized his response memo. In addition, concern was expressed about motorists using the right tum lanes as by- pass lanes. He discussed that with the Public Safety Department. They are fully aware of the issues and will continue to patrol that area and ticket people using the turn lanes as bypass lanes. Rediske asked what improvements would be made to 70th Street in 2015. McCool re- sponded that their design concept shows the roadway will be widened, but they will enter into more detail about a year before the project commences. Future Re -Use of Existing Public Safety /City Hall Site McCool summarized the memo responding to the question about the future use of the exist- ing City Hall site. 9.3 Planning Commission Requests Brittain asked about replicating the agenda page between items. Roland reported that staff could educate the Commission further on the use of the iPad. Thiede noted that there are bookmarks on the iPad. McCool stated that a' paper copy of the agenda could also be provided. Adjournment Ventura made a motion to adjourn the meeting. Pearson seconded. Motion passed unanimously (6 -to -0 vote). The meeting adjourned at 8: 10 p.m.