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HomeMy WebLinkAbout2013-04-03 PACKET 04.A.i.REQUEST OF CITY COUNCIL ACTION COUNCIL MEETING DATE 4/3/13 PREPARED BY: Community Development ORIGINATING DEPARTMENT AGENDA ITEM # ` ' .� . Jennifer Levitt STAFF AUTHOR **************************�********************* COUNCIL ACTION REQUEST Receive and place on file the approved minutes for the Planning Commission's meeting on February 25, 2013. STAFF RECOMMENDATION Receive and place on file the approved Planning Commission minutes for the meeting on February 25, 2013. BUDGET IMPLICATION $N/A $N/A N/A BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE ADVISORY COMMISSION ACTION ►1 '■ ■ ■ ■ ■ ■ PLANNING PUBLIC SAFETY PUBLIC WORKS PARKS AND RECREATION HUMAN SERVICES/RIGHTS ECONOMIC DEV. AUTHORITY SUPPORTING DOCUMENTS DATE 3/25/13 DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ REVIEWED ❑ ❑ ❑ ❑ ❑ ❑ � APPROVED � ❑ ❑ ❑ ❑ ❑ ❑ ❑ MEMO/LETTER: ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: � OTHER: Planning Commission minutes from meetings on 2/25/13 ADMINISTRATORS COMMENTS /� � c�`� — City Administrator Date ******************�***************************** COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER City of Cottage Grove Planning Commission February 25, 2013 A meeting of the Planning Commission was held at Cottage Grove City Hall, 7516 — 80th Street South, Cottage Grove, Minnesota, on Monday, February 25, 2013, 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: Ken Brittain, Elijah Harter, Brian Pearson, Chris Reese, Jim Rostad, Maureen Ventura Members Absent: Neal Heurung, Lise' Rediske, Randall Wehrle Staff Present: Jennifer Levitt, Community Development Director/City Engineer John M. Burbank, Senior Planner Justin Olsen, City Councilmember Approval of Agenda Ventura made a motion to approve the agenda. Harter seconded. The motion was ap- proved unanimously (5-to-0 vote). Open Forum Rostad 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 Rostad 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 go to the microphone and state their full name and address for the public record. Public Hearings and Applications 6.1 The Alley Church — Cases CUP12-034 and V12-035 (continued from the 12/17/12 and 1/26/13 Planning Commission meetings) The Alley Church has applied for an amendment to the current conditional use permit for the property located at 8944 Indahl Avenue South to allow for a 4,776.80 square foot addition to the existing religious institution structure; a variance to allow the addition to Planning Commission Minutes February 25, 2013 Page 2 of 10 be setback 40 feet from the front property line instead of the required 50-foot setback; and a variance to allow for off-site parking. Burbank summarized the staff report and recommended approval based on the findings of fact and subject to the conditions listed in the staff report. Rostad opened the public hearing. No one spoke. Rostad closed the public hearinq. Brittain made a motion to approve the amendment to the existing conditional use permit, subject to the conditions listed below. Harter seconded. Conditions of Approval; 1. All applicable permits (i,e,, building, electrical, grading, mechanical) must be completed, submitted, and approved by the City prior to the commencement of any construction activities. Detailed construction plans must be reviewed and approved by the Building Official. 2. Prior to issuance of a building permit, a final material detail board/packet must be submitted for review and approval by the Community Development Department. 3. Prior to issuance of a building permit, a comprehensive sign package must be submitted for review and approval by the Community Development Department. 4, A fire suppression system and fire alarm system shall be installed in the proposed addition. 5, Rooftop mechanicals must be screened from public view as reviewed and approved by the Community Development Department. 6. Outdoor worship/gathering events are allowed on a limited basis and would be subject to the standard City and State noise rules. lf the City receives any war- ranted noise complaints related to outdoor use of the site, the conditional use permit could be subject to additional review and action by the City Council. 7. Any fencing on the site shall be constructed from wood or vinyl composite material. 8. Prior to building permit application, a detailed landscaping plan that meets the approval of the Community Development Department shal/ be submitted. 9. Prior to building permit application, a bona fide cost estimate of the landscaping improvements must be submitted in conjunction with a letter of credit approved by the City in the amount of 150 percent of such estimate. Upon completion of the landscaping requirements, the applicant must in writing inform the City that said improvements have been completed. The City must retain the financial guarantee for a period of one year from the date of notice to insure the survival of the plantings, and until the required as built survey has been submitted. No building permit will be issued until the required financial guarantee has been received and accepted by the City, Planning Commission Minutes February 25, 2013 Page 3 of 10 10. Trash containers must be stored in accordance with ordinance criteria. 11. All outdoor lighting shall be downward directed and installed in accordance with City ordinance criteria. 12. The surface water management for the proposed additional impervious surface on the site shall be addressed on site in accordance with plans approved by the City Engineer. An off-site ponding fee that is calculated at the time of building permit shall be paid if onsite treatment is not feasible. Motion passed unanimously (5-to-0 vote). Brittain made a motion to approve the variance to allow the addition to be setback 40 feet from the front property line, based on the findings of face and subject to the conditions listed below. Harter seconded, Findinps of Fact: A, The current structure is setback 34 feet from the east property line. B. The foyer entrance feature is only 84 square feet. C. The entrance feature included in the setback request is intended to bring the site into compliance with the Americans with Disabilities Act. D. Additional landscaping will be provided to soften the variance request. E. The reduced setback is adjacent to a street. F. The abutting residential uses are all setback 30 feet from the front property lines, Condition of Approval; 1. Additional landscaping shall be installed along the perimeter of the building along the entire east side of the addition. Motion passed unanimously (5-to-0 vote). Brittain made a motion to approve the off-site parking variance based on the findings of fact and subject to the conditions listed below. Harter seconded. Findin_qs of Fact: A, The applicant's property has additional proof of parking areas that could be constructed as additional hard surface parking areas if required. B. Additional services or other changes in site operations could be completed to accommodate any parking issues. C. The variance negates or postpones the need to add additional impervious surfaces to the sife, and reduces the stormwater management impacts, Planning Commission Minutes February 25, 2013 Page 4 of 10 D. A similar cross parking agreement between the Country Inn Suites and the School district have been proven to be a functioning alternative to requiring addi- tional impervious on-site parking. Conditions of Approval: 1. The off-site parking shall only be allowed on the School District property located at 8400 East Point Douglas Road South. 2. If the off-site parking arrangement with the Schoo/ District /apses or is termi- nated, the required on-site parking shall be installed in accordance with City development standards. 3. The berm cut and access improvements between 90th Street and the School Dis- trict property is required to be approved by the School District prior to the issuance of a building permit and must be constructed prior to the issuance of a certificate of occupancy. 4. If parking on the site becomes a nuisance, the conditional use permit could be subject to additional review and action by the City Council. Motion passed unanimously (5-to-0 vote.) 6.2 Kok Funeral Home Addition — Cases SP13-005 and V13-006 Kok Funeral Home has applied for a site plan review of a 3,400 square foot addition and 22 new parking spaces, and a variance to allow 79 parking spaces when 102 spaces are required at 7676 and 7606 80th Street South. Burbank summarized fact and subject to arrived at 7:35 p.m.) the staff report and recommended approval based on the findings of he conditions stipulated in the staff report. (Commissioner Reese Brittain asked for more information on how often overFlow parking onto the neighboring property and at Crestview was occurring. He asked if there was a plan to accommodate overFlow parking in the event that the proposed additional spaces are not sufficient to pre- vent parking at other properties. Burbank responded that the need for overFlow parking typically happens only a couple times a year. The funeral home had been negotiating with the neighboring property owner to the east to acquire their site to provide parking opportun- ities. Currently the site is functioning with 24 less parking spaces than are proposed, and the use will remain the same. Brittain stated that based on the letter from the adjoining property owner, overflow parking does occur. There should be a formal parking plan to handle any overflow, similar to what The Alley Church provided with their parking variance application. Shane Asmus, 7676 80th Street South, stated that they are adding an additional 24 spaces but are not adding additional uses to the facility; the same number of people will be coming as in the past but they can now stay for refreshments after. Brittain asked if 24 additional spaces are enough based on past instances of insufficient parking, and if not, what is the plan to provide the amount of parking stipulated in the City ordinance. Asmus stated that Planning Commission Minutes February 25, 2013 Page 5 of 10 they are currently negotiating with several adjacent property owners to purchase land for parking, including CenturyLink, which turned them down. He stated that he is unaware that cars were parking in the Strong's lot and offered to install signage prohibiting funeral park- ing on their property. They would be willing to talk to the school about off-site parking agreements. Brittain stated that he is in favor of the expansion but because there is no plan for mitigating parking issues, he cannot support the parking variance. Harter asked for clarification that the addition would not increase the number of services. Asmus responded that they serve approximately 140 families a year at their facilities in Cottage Grove and St. Paul Park. They do not anticipate that number changing. The addi- tion will provide the opportunity for refreshments after the service. There would not be multiple services at the same time. Harter noted that the cars would be parked for longer periods, which could be a concern for other property owners of parking lots in the area. Asmus stated that with their current parking only a few times a year there may be some parking overflow. He noted that no one has approached them about parking overFlow issues. Rostad asked if Kok knows the number of attendees prior to a showing. Asmus responded no. Rostad opened the public hearing. Mike Shea, Manager of the Funeral Home, commented that it is hard for funeral home staff to re-route people after they have already started parking. He believes signage prohibiting parking in the Strong's lot would help prevent overFlow parking. He believes that the pro- posed increased number of parking spaces should be adequate for the few times there are off-site parking issues. Brittain stated that fundamentally he is not opposed to the request but he does not think enough details on overflow parking have been ironed out. Reese asked if there is any overlap when the two properties are being used. Burbank stated that on the school district property, there would be conflicts during the day due to buses and the parking area's use as a playground. No one else spoke. Rostad closed the public hearing, Brittain made a motion to approve the site plan review of the addition, subject to the conditions listed below. Ventura seconded. 1. All applicable permits (i.e,, building, electrical, grading, mechanical) must be completed, submitted, and approved by the City prior to the commencement of any construction activities. Detailed construction plans must be reviewed and approved by the Building Official. 2. The exterior construction materials shall be in conformance with the ordinance criteria established in Cottage Grove City Code Title 11-6-13. 3. Prior to issuance of a building permit, a final material detail board/packet must be submitted for review and approval by the Community Deve/opment Department. Planning Commission Minutes February 25, 2013 Page 6 of 10 4. Prior to issuance of a building permit, a comprehensive sign package must be submitted for review and approval by the Community Development Department. 5. All mechanical equipment shall be screened from public view as reviewed and approved by the Community Development Department. 6. Any fencing on the site shall be constructed from wood or vinyl composite material. 7. Prior to building permit application a detailed landscaping plan shall be submit- ted which meets the approval of the Community Development Department. 8, Prior to building permit application, a bona fide cost estimate of the landscaping improvements must be submitted in conjunction with a letter of credit approved by the City in the amount of 150 percent of such estimate. Upon completion of the landscaping requirements, the applicant must in writing inform the City that said improvements have been completed. The City will retain the financial guarantee for a period of one year from the date of notice to insure the survival of the plantings and the required as-built survey has been submitted. No building per- mits will be issued until the required financial guarantee has been received and accepted by the City. 9. Trash containers must be stored in accordance with ordinance criteria. 10,A11 outdoor lighting shall be downward directed and installed in accordance with City ordinance criteria. 11. The surface water management for the proposed additional impervious surface on the site shall be addressed on site in accordance with plans approved by the City Engineer. An off-site ponding fee that is calculated at the time of building permit shall be paid if on-site treatment is not feasible. 12. A sidewalk shall be extended between the funeral home and the 80th Street sidewalk. Motion passed unanimously (6-to-0 vote). Britain made a motion to deny the parking variance based on the lack of a plan for parking. Pearson seconded. Motion failed on a 2-to-4 vote. Ventura made a motion to approve the parking variance, based on the findings of fact and subject to the conditions listed below, including a strong consideration that the applicant and adjacent property owner work out a plan prior to City Council review. Harter seconded. Recommendation #2 - Findinps of Fact: A. The expanded structure on the site serves the same visitors as currently utilizing the site, Planning Commission Minutes February 25, 2013 Page 7 of 10 B. The on-site parking of the property is being increased by 24 spaces, C, The additional construction and parking improvements will increase the accessi- ble parking ratio on the site. D. Additional services or other changes in site operations could be completed to accommodate any parking issues, Conditions of Approval: 1. Off-street parking is prohibited on 80th Street. 2. If parking on the site becomes a nuisance, the site variance could be subject to additional review and action by the City Council. 3. Only one funeral can be help on the property at a time. Brittain suggested an amendment requiring a formalized plan for overFlow parking. Ventura amended her motion to approve the parking variance to add a condition to require a formalized plan for off-site parking. Harter seconded. Motion passed on a 5-to-1 vote (Rostad). Rostad explained that he believes that there will be adequate parking and a parking plan would not be needed. 6.3 Ravine Meadow — Cases PP13-002 and ZA13-003 Newland Real Estate Group, LLC has applied for a zoning amendment to rezone prop- erty north of 70th Street and approximately one-third mile east of Jamaica Avenue from AG-1, Agricultural Preservation, to R-3, Single Family Residential, and Planned Devel- opment Overlay (PDO), and a preliminary plat for a subdivision to be called Ravine Meadow, which will consist of 92 lots for single-family homes and 6 outlot parcels for public park space, stormwater detention basin, and landscape islands. Burbank summarized the staff report and recommended approval subject to the conditions stipulated in the staff report. Ryan Bloom, Westwood Engineering, prepared the plans and is representing Newland Communities. He stated that he would answer any questions from the Commission. Brittain asked about trail closures. Levitt responded that a condition could be added that in- dicates the developer will work in conjunction with Washington County on the connectivity between the trail and the development to ensure proper sight lines at the entrance to the development. Brittain explained that he is concerned about the trail locations with respect to the stop signs. He would like to see the trails terminate at the intersections or ensure there are good sight lines without fences or landscaping blocking the view of the trail from the road. He would like to add that as a condition. He also asked if that could become city policy. Planning Commission Minutes February 25, 2013 Page 8 of 10 Ventura asked if the homeowner association bylaws would be written in such a way to en- sure maintenance of the outlots. Burbank responded that there would be language in the developers agreement if the homeowners association ceases to function, the City would have the ability to maintain the outlots and bill the property owners within the subdivision. Reese asked if all trees will be removed. Burbank responded yes but the trees on the neighboring property will not be removed. Reese asked about condition #86 regarding front fa�ade not including windows, doors, or garage doors. Burbank responded that those would not be included in the calculation for exterior finishes. He stated that staff would clear up the language in that condition. Rostad opened the public hearing. Ann Zelmer, 9278 70th Street South, wants to ensure that their trees are not included in the tree removal. She also expressed concern about drainage onto their property. She asked how the zoning amendment would affect their property; do they have to tie into the water, sewer, and gas lines; and would they be part of the homeowners association. Levitt re- sponded that the turn lanes that are part of Washington County's project on 70th Street would start near that property and she would confirm with Washington County that the trees at the front of the property are not in the right-of-way of 70th Street. The trees on the sides and rear that are within their property lines would not be disturbed. Levitt explained that the drainage in the area should be improved by the 70th Street project. The developer is re- quired to contain all of their drainage and runoff on their property. The Zelmers would not be required to connect to any utilities but would have the ability to do so in the future. Their property would not be part of the homeowners association and would not have to abide by the HOA rules. Burbank stated that the Zelmer property would not be rezoned as part of this proposal so the current zoning classification would remain. Zelmer stated that nobody approached them about this project so they did not know about it until they received the public hearing notice. No one e/se spoke. Rostad closed the public hearing. Brittain made a motion to approve the zoning amendment from AG-1 to R-3. Ventura seconded. Motion passed unanimously (6-to-0 vote). Brittain made a motion to approve the Planned Development Overlay (PDO), Reese seconded, Motion passed unanimously (6-to-0 vote). Brittain made a motion to approve the preliminary plat for Ravine Meadow, subject to the 87 conditions stipulated in the staff report, with an added condition that the trail egress is extended out to the stop sign or there is an adequate viewing angle. Ventura seconded. Motion passed unanimously (6-to-0 vote). Discussion Items None Planning Commission Minutes February 25, 2013 Page 9 of 10 Approval of Planning Commission Minutes 8.1 December 17, 2012 Ventura made a motion to approve the minutes from the December 17, 2012, Plan- ning Commission Meeting. Reese seconded. Motion passed unanimously (6-to-0 vote). 8.2 January 28, 2013 Ventura made a motion to approve the minutes from the January 28, 2013, Planning Commission meeting. Harter seconded. Motion passed unanimously (6-to-0 vote). Reports 9.1 Recap of February City Council Meetings Thiede reported that on February 6 the City Council approved the plans and specifications and a bid date of March 21 for the final street improvements for The Preserve at Cottage Grove; the 2013 sealcoat program; the purchase of a small parcel of land by the VFW post for the Walmart project; and approved the plans and specifications and bid date of March 21 for the East Point Douglas Road Utility and Street improvements. The Newland and DR Horton subdivisions will have the same homeowners association. In the Pinecliff 5th Addi- tion, the homeowners association will include the additional lots that will be subdivided from the two existing lots that are part of the subdivision. The Council tabled the discussion on chickens and ducks for somebody to make a formal request for a zoning amendment; the Council will again discuss this issue on March 20. On March 20 the Council held the public hearings, ordered the projects, and authorized the preparation of plans and specifications for the 2013 Pavement Management Project and Hinton Avenue reconstruction project. 9.2 Response to Planning Commission Inquiries None 9.3 Planning Commission Requests Reese asked about the timeline for the changes to Radio Drive in Woodbury. Levitt stated that she would ask Washington County and Woodbury about their construction plans. She noted that in addition to that project there will be two other projects on County roads this year, 70th Street/Keats Avenue and Bailey Road/Keats Avenue, and she will ask for the schedules on all those projects. Rostad asked for an update on the Home Depot site. Thiede stated that the owner is working with a developer on a project. Reese asked about the Blockbuster building. Thiede responded that a restaurant is looking into locating into part of that space. Planning Commission Minutes February 25, 2013 Page 10 of 10 Adjournment Reese made a motion to adjourn the meeting. Ventura seconded. The meeting adjourned at 8:30 p.m,