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HomeMy WebLinkAbout2012-06-06 PACKET 04.A.ii.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 6/6/12 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 April 23, 2012. STAFF RECOMMENDATION Receive and place on file the approved Planning Commission minutes for the meeting on April 23, 2012. BUDGET IMPLICATION $N /A BUDGETED AMOUNT ADVISORY COMMISSION ACTION DATE ® PLANNING 5/21/12 ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES /RIGHTS ❑ ECONOMIC DEV. AUTHORITY El SUPPORTING DOCUMENTS ❑ MEMO /LETTER: ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: $N /A N/A ACTUAL AMOUNT FUNDING SOURCE REVIEWED APPROVED DENIED ❑ LEGAL RECOMMENDATION: ® OTHER: Planning Commission minutes from meeting on April 23, 2012 ADMINISTRATORS COMMENTS ,- City Administrator Date COUNCIL ACTION TAKEN: —]OTHER APPROVED ❑ DENIED ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ LEGAL RECOMMENDATION: ® OTHER: Planning Commission minutes from meeting on April 23, 2012 ADMINISTRATORS COMMENTS ,- City Administrator Date COUNCIL ACTION TAKEN: —]OTHER APPROVED ❑ DENIED 1011M 111 April tl A meeting of the Planning Commission was held at Cottage Grove City Hall, 7516 — 80th Street South, Cottage Grove, Minnesota, on Monday, April 23, 2012, in the Council Chambers and telecast on Local Government Cable Channel 16. Call to Order Chair Rostad called the Planning Commission meeting to order at 7:00 p.m. Roll Call Members Present: Brian Pearson, Lise' Rediske, Chris Reese, Jim Rostad, Maureen Ventura, Randall Wehrle Members Absent: Ken Brittain, Steve Messick, Ryan Rambacher 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 Rostad 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 approved unanimously (5 -to -0 vote). Chair's Explanation of the Public Hearing Process Rostad explained the purpose of the Planning Commission, which serves in an advisory capac- ity 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 Commercial Zoning Districts — Case TAI 1 -021 The City of Cottage Grove has applied for a zoning text amendment to City Code Title 11, Chapter 10, Business Districts, to update the ordinances relating to the City's commer- cial zoning districts. Planning Commission Minutes April 23, 2012 Page 2 of 5 McCool summarized the staff report and recommended approval Rostad asked if there are hours of operation for self- storage facilities. Ventura stated 6:00 a.m. to 11:00 p.m. Rostad opened the public hearing. No one spoke. Rostad closed the public hearing. Rostad asked if an establishment has just an outdoor smoking area, would a specific number of seats be assigned to that area for parking space calculations. McCool responded that there will be an occupancy limit based on the building code, and the area would be included in the calculation for parking spaces. Ventura asked if Las Margaritas would be in compliance with their outdoor seating area. McCool responded no because their north property boundary line is adjacent to a residential zoning district. Ventura asked about the parking calculation for the Shoppes at Gateway Retail Center. McCool responded that a variance had been granted for this commercial project and was unsure of the number of outdoor seating for Las Margaritas. He noted that their outdoor seating area would become a nonconforming use if the proposed ordinance amendment was adopted by the City Council. Rostad noted that Commissioner Reese arrived at 7:10 P.M Rediske asked about the definition of "audible." McCool responded that is a term he found in many cities' ordinances. If there are complaints, it would be staff's responsibility to determine whether sound was audible. Rostad noted that the ordinance states "audible for public ad- dress or external music" and asked if crowd noise could be heard but not background music. Roland answered yes. Reese asked if in the past, applications were denied but would now be allowed under this revised ordinance. McCool responded that he does not recall any planning applications that had been denied because they could not meet the requirements. Reese asked if there are areas that may have received a variance that would now be in conformance with this ordin- ance. McCool does not believe so. He noted that the City currently has no regulations for outdoor seating but some existing restaurants currently provide outdoor seating areas and is unaware of any citizen complaints. Ventura made a motion to approve the commercial zoning ordinance text amendment as presented by staff. Pearson seconded the motion. Motion passed unanimously (6- to -t) vote). 6.2 Accessory Structure Exteriors — TAl2 -013 The City of Cottage Grove has applied for a zoning text amendment to City Code Title 11- 3-3A, Accessory Structures, clarify exterior finish requirements for accessory structures. Burbank summarized the staff report and recommended approval. Planning Commission Minutes April 23, 2012 Page 3 of 5 Rostad asked if hoop structures with vinyl material would be allowed. Burbank responded that those are temporary structures and are prohibited unless associated with a commercial greenhouse or nursery approved by conditional use permit or an agricultural use. Rostad ex- pressed concern about the word "vinyl' in the ordinance because it may be construed that a temporary structure with a vinyl tarp would be allowed. Burbank stated that prior to going to the City Council staff could refine the language to clarify what would be allowed. Reese asked if accessory structures in residential areas could have a steel roof that is the same color as the principal structure. Burbank responded it would not be allowed if the prin- cipal structure does not have a metal roof. Rostad opened the public hearing. No one spoke. Rostad closed the public hearing. Pearson made a motion approve the zoning text amendment related to accessory structure exteriors with the clarification on vinyl hoop structures. Reese seconded. Motion passed unanimously (6 -tod) vote). 6.3 Home Occupation Permits — Case TAI 2-014 The City of Cottage Grove has applied for a zoning text amendment to City Code Title 11- 9A-3(3), Home Occupations, to delete the home occupation permit and fee requirements and to amend the home occupation criteria performance and enforcement standards. Burbank summarized the staff report. He clarified that on page 2, paragraph 5, line 66, re- lated to vehicle trips, the language says "two" and in parenthesis it says "four;" that should be clarified to read four trips per day, basically pick -up and drop -off two times a day. He rec- ommended approval of the ordinance amendment. Rediske asked about the number of employees allowed to work in a home -based business, noting that the language states "no more than one person other than a member of the imme- diate family occupying the dwelling shall be employed on the premises." Burbank stated that staff would like that language to remain. Rediske asked why only one employee would be allowed. Burbank responded that there could be parking and traffic issues. He clarified that only one outside person besides family living in the house could be employed there. Rostad asked about home daycare centers. Burbank responded that the City has not re- quired home occupation permits for daycares because they are licensed by the County and the State. He stated that the ordinance could be clarified that home daycares would be ex- empt from the limitation on the number of employees; staff will check with the city attorney. It was suggested that home businesses regulated by outside agencies could be exempt from the ordinance regulations. Rostad opened the public hearing. No one spoke. Rostad closed the public hearing. Reese asked about the hours of operation in the ordinance. McCool stated that the business owner could work any time but clientele or deliveries coming to the home would be limited to those hours. It was suggested clarifying the language to read 'outside traffic" instead of Planning Commission Minutes April 23, 2012 Page 4 of 5 hours of operation. Roland explained that is the current code language and the only change is that it would read 7:00 a.m. instead of 6:00 a.m. Reese asked how this ordinance would be enforced if home occupation permits are not is- sued. McCool responded that staff would give written notice on the requirements and provide the property owners an opportunity to correct the violations. If the property owner does not comply, a citation would be issued or the matter presented to the City's legal counsel for enforcement. Reese made a motion approve the zoning text amendment to delete the home occupa- tion permit and fee requirements and to amend the performance and enforcement standards with a change to line 81 from 6 :00 to 7:00, changing "two" to "four" on line 66 related to vehicle trips, and clarifying requirements for daycare operations. Ventura seconded. Motion passed unanimously (6 -to -0 vote). Discussion Items None Approval of Planning Commission Minutes from March 26, 2012 Reese made a motion to approve the minutes of the Planning Commission meeting on March 26, 2012. Pearson seconded. The motion passed unanimously (6 -to -0 vote). Reports 9.1 Recap of April City Council Meetings Thiede reported that the City Council tabled the applications for the proposed wind turbine at Werner Electric at their April 4 meeting because there were only three Council members in attendance. On April 18 they tabled the applications for further information on the possibility of relocating it to the northeast corner. McCool explained that the Council direction was to provide findings on both locations so they can compare them. Thiede stated that the Council will discuss the proposal at their May 2 meeting. Messick asked if this would have come be- fore the City if it was not so close to the park. Roland responded that the variance is only necessary because of the turbine's proximity to the park; there are no setback issues from the residential area. Rediske asked if the Planning Commission was going to review the ap- plications again. Roland responded that it will go back to the City Council. She noted that the Planning Commission, Parks Commission, and Economic Development Authority all recom- mended approval. Thiede explained that staff was asked to provide specifics on each loca- tion so the Council can discuss it. McCool reported that the City Council approved the porch variance application for the property on 77th Street. 9.2 Response to Planning Commission Inquiries None Planning Commission Minutes April 23, 2012 Page 5 of 5 9.3 Planning Commission Requests Reese asked for an update on the proposed LA Fitness at the Home Depot site. Roland re- sponded that staff has been in discussions with the developer over the last week and are very close to a positive resolution on this issue. Ventura asked about the Walmart project on the drive -in theater site. Burbank stated that at the May 21 Planning Commission meeting, the applications for the proposed Walmart will be presented to the Commission for review. The applicant has scheduled a neighborhood open house meeting for May 1 from 5:30 p.m. to 7:00 p.m. at the Ice Arena. Roland clarified that the applicant will be hosting the meeting, not the City. Rostad noted that the May 21 meeting date is because of the Memorial Day holiday. Rediske asked about the Military Road /70th Street realignment project. McCool responded that Washington County held an open house on April 10. The County identified the different alignment alternatives for the easterly extension of 70th Street at Keats Avenue. They also described future roadway improvements to Military Road (County Road 22) and Keats Ave- nue (County Road 19). The South Washington Watershed District has a storm sewer project along 70th Street that would be extended to Keats Avenue, which needs to be completed before the road is resurfaced. The County will be evaluating the options they presented and will have future public meetings. ZMEM= Pearson made a motion to adjourn the meeting. Ventura seconded. Motion passed unanimously (6 -to -0 vote). The meeting adjourned at 7:55 p.m.