Loading...
HomeMy WebLinkAbout2014-04-28 PC Minutes.docxCity of Cottage Grove Planning Commission April 28, 2014 A meeting of the Planning Commission was held at Cottage Grove City Hall, 12800 Ravine Parkway South, Cottage Grove, Minnesota, on Monday, April 28, 2014, 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, Adam Graf, Kimberly Graff, Jody Imdieke, Wayne Johnson, Lise' Rediske, Chris Reese, Jim Rostad, Randall Wehrle Staff Present: Jennifer Levitt, Community Development Director /City Engineer John McCool, Senior Planner John M. Burbank, Senior Planner David Thiede, City Councilmember Rostad welcomed the two new Planning Commissioners, Adam Graf and Kimberly Graff. Approval of Agenda Brittain made a motion to approve the agenda. Wehrle seconded. The motion was ap- proved unanimously (9 -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 Cub Seasonal Garden Center — Case ICUP2014 -007 Cub Foods has applied for an interim conditional use permit to allow a temporary outdoor garden center in the parking lot of their property at 8690 East Point Douglas Road South. Planning Commission Minutes April 28, 2014 Page 2 of 4 Burbank summarized the staff report and recommended approval subject to the conditions stipulated in the staff report. Imdieke asked if this covers the fireworks sales tent. Burbank responded it does not; that application will be on next month's Commission agenda. Rostad opened the public hearing. No one spoke. Rostad closed the public hearing. Rostad asked if the City has received any complaints about the garden center. Burbank re- sponded no. He noted that a few years ago, someone expressed concern about interim uses taking away from current businesses in town with similar sales. Brittain made a motion to approve the interim conditional use permit for the seasonal garden center at Cub Foods, subject to the conditions listed in the staff report. Reese seconded. Motion passed unanimously (9 -to -0 vote). 6.2 Walmart Seasonal Garden Center — Case ICUP2014 -008 Walmart has applied for an interim conditional use permit to allow a temporary outdoor garden center in the parking lot of their property located at 9300 East Point Douglas Road South. Burbank summarized the staff report and recommended approval subject to the conditions stipulated in the staff report. Brittain noted that there was no fence to delineate the parking area from the area they are going to use and asked if it is the City's standard to have a fence. Burbank responded that the boundary of the sales area needs to be established, and they will have pallets serving as the buffering separation area. He noted that the Technical Review Committee did not have any comments on fencing. Brittain asked if the all the past seasonal garden centers had fences. Burbank stated that typically there are split rail fences and some have merchandise, such as large shrubs, around the perimeter of the fence. He stated that requiring a fence could be added as a condition. Brittain stated he is concerned about straying from past practices and that if there are issues, it would be harder for the City to take recourse actions because the permit expires in five years. He asked if a condition to evaluate the operation after its first year could be added. Burbank responded yes. Johnson asked what the guidelines are for when an ICUP is needed. Burbank stated that outdoor seasonal sales is the trigger for the interim conditional use permit. He explained when an ICUP is needed and when outdoor sales are allowed by resolution of approval; for example, Menards is allotted a certain amount of space for outdoor storage along their front. Johnson stated that at Cub and Rainbow, sales are conducted in the outdoor sales area, and asked if Walmart's sales will also be done outside or do the products need to be brought inside to be paid for. McCool stated at Walmart customers bring the products inside to pay. Johnson stated this appears to be an overflow of product as opposed to creating a separate sales area. McCool responded that another reason for the ICUP is that available parking is being removed and one of the criteria that is looked at is ensuring that there is adequate parking on site. Planning Commission Minutes April 28, 2014 Page 3 of 4 Graff asked if they are intending to have a drive - through area similar to other Walmarts. Burbank stated that was not detailed on the site plan. Rostad opened the public hearing. No one spoke. Rostad closed the public hearing. Brittain expressed concern about people walking across the main drive aisle to pay for their products and noted that there is a difference between how the outdoor garden center and the parking area are delineated at Walmart compared with other seasonal garden centers. He suggested approving a one -year ICUP and if there are no problems or safety issues related to patrons crossing the main drive aisle to pay for products, a five -year ICUP could be approved next year. Reese asked if electrical and water lines were run to that area. Burbank responded there are water lines, electricity, and a data port. Reese stated that at other Walmarts products and materials are stored in the outdoor center and customers pay inside the store. Rostad stated that he understands the differences between this application and the other sim- ilar ones but he does not object to approving a five -year ICUP. If there are any issues, the City could take action against the permit without approving a one -year permit. Reese asked if issues could be addressed with the annual permit issuance. Burbank responded that if they are not operating as approved, the City could opt to not issue the annual permit. Johnson agreed that this is a new type of operation in Cottage Grove so he does not believe a one -year permit is unreasonable. He asked for clarification on what constitutes outdoor sales. Burbank provided an explanation of what can and cannot be stored and sold outdoors. Imdieke asked if the temporary garden sales area would impede the access aisle and will handicapped parking spaces be impacted. Burbank stated that the Building Official could look at that during the inspection; Walmart is required to have a certain number of handicapped spaces available. Imdieke suggested that if the access aisle is blocked, a barricade be put up instead of just merchandise. Johnson asked if the product would be brought in at night or left outside. Burbank believes the product would be out all the time. Brittain made a motion to approve the interim conditional use permit for the seasonal garden center at Walmart with the reduction to the duration of the permit to one year, subject to the conditions listed in staff report, with the reduction to the duration of the permit to one year. Rediske seconded. Graf asked if a five -year permit was approved, what criteria would be reviewed annually. Burbank responded that City Code lists criteria for interim conditional use permits, including traffic and public safety. Graf asked what the specific purpose is for not approving it for five years if the City has the ability to revoke the permit. Brittain explained that in his opinion this proposal has enough differences from other similar uses, so even if staff could potentially address any issues, this provides the City an easy way of evaluating how it works and requiring changes. He does not see this as an overwhelming burden on the applicant. Planning Commission Minutes April 28, 2014 Page 4 of 4 Motion passed on a 7 -to -2 vote ( Rostad and Reese). Reese explained that the City has approved seasonal gardens centers for years, and he does not believe that the City should make them come back next year because of where the product is paid for. He noted that other Walmarts operate their garden centers the same way that is proposed here. He is concerned about the City implementing something on one retailer that we aren't on others. Rostad concur with Reese. He is fine with it for five years and he does not believe that Walmart will do anything that will put the public in danger. The City owes consistency to all our retailers and businesses. Discussion Items None Approval of Planning Commission Minutes of March 24, 2014 Wehrle made a motion to approve the minutes from the March 24, 2014, Planning Com- mission meeting. lmdieke seconded. Motion passed unanimously (9 -to -0 vote). Reports 9.1 Recap of April City Council Meetings Thiede reported that at their April 16 meeting, the Council approved the Eastridge Woods 2nd Addition final plat and the Oak Cove preliminary plat. 9.2 Response to Planning Commission Inquiries None 9.3 Planning Commission Requests Reese asked if there will be construction this year on the Military Road and Radio Drive inter- section in Woodbury. Levitt responded that she would get a schedule from Washington County on that project. Reese asked if that would be a round - about. Levitt responded yes. Rostad asked what work was being done on the roundabout at 70th and Keats. Levitt stated the work was due to re- installation of a curb that did not facilitate safe navigation through the roundabout; the work has been delayed due to weather. Adjournment Reese made a motion to adjourn the meeting. Graf seconded. Motion passed unani- mously (9 -to -0 vote). The meeting adjourned at 7:35 p.m.