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HomeMy WebLinkAbout2014-07-16 PACKET 04.A.i. REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA • MEETING ITEM # DATE 7/16/14 • •'' PREPARED BY: Community Development Jennifer Levitt ORIGINATING DEPARTMENT STAFF AUTHOR ��:������:�:�:�������:�:���:��:��.������.���������:������ COUNCIL ACTION REQUEST Receive and place on file the approved minutes for the Planning Commission's meeting on May 19, 2014. STAFF RECOMMENDATION Receive and place on file the approved Planning Commission minutes for the meeting on May 19, 2014. BUDGET IMPLICATION $N/A $N/A N/A BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE ADVISORY COMMISSION ACTION DATE REVIEWED APPROVED DENIED � PLANNING 6/23/14 ❑ � ❑ ❑ PUBLIC SAFETY ❑ ❑ ❑ ❑ PUBLIC WORKS ❑ ❑ ❑ ❑ PARKS AND RECREATION ❑ ❑ ❑ ❑ HUMAN SERVICES/RIGHTS ❑ ❑ ❑ ❑ ECONOMIC DEV. AUTHORITY ❑ ❑ ❑ ❑ ❑ ❑ ❑ SUPPORTING DOCUMENTS ❑ MEMO/LETTER: ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: � OTHER: Planning Commission minutes from meeting on May 19, 2014 ADMINISTRATORS COMMENTS �u�'I ity Administrator Date ���.,��������������������������������:� ��,�,�,�:����� COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER City of Cottage Grove Planning Commission May 19, 2014 A meeting of the Planning Commission was held at Cottage Grove City Hall, 12800 Ravine Parkway South, Cottage Grove, Minnesota, on Monday, May 19, 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, Wayne Johnson, Lise' Rediske, Chris Reese, Jim Rostad Members Absent: Jody Imdieke, Randall Wehrle Staff Present: John McCool, Senior Planner Justin Olsen, City Councilmember Approval of Agenda Rediske made a motion to approve the agenda. Reese seconded. The motion was approved unanimously (7-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 TNT Fireworks at Cub Foods — Case ICUP2014-009 TNT Fireworks has applied for an interim conditional use permit to allow the retail sale of fireworks in the Cub Foods parking lot at 8690 East Point Douglas Road South. McCool summarized the staff report and recommended approval subject to the conditions stipulated in the staff report. Pianning Commission Minutes May 19, 2014 Page 2 of 7 GrafF asked if the garden center would be removed before the fireworks tent was installed. McCool responded that Cub Foods has notified the green house operator when they need to remove the temporary greenhouses. Reese asked if there were any differences in the conditions from previous approvals. McCool responded only the dates of approval. Reese asked if this application would fali under admin- istrative approvals. McCool responded that an interim conditional use permit is time specific and a zoning ordinance amendment would be needed for staff to approve ICUPs adminis- tratively. Rostad opened the public hearing. Mark Anderson, 1512 Selby Avenue, St. Paul Park, Lead Pastor at Rose of Sharon Church, asked if directional signs would be allowed by the entrance to Taco Bell during business hours. McCool stated that city ordinance does not allow for off-premise advertising. He noted that off- premise signs have been a code enforcement issue for some time and it is now a priority to enforce that. Condition #7 prohibits off-site signage, but allows temporary signage to be mounted to four sides of the tent. Signage on the tent is limited to one 3-foot by 5-foot sign and 3-foot by 10-foot sign on each of the four sides of the tent. Anderson stated that the last couple years they had an inflatable in front of the tent on the grass area. McCool stated that would be prohibited. He again explained that the City has been active in enforcement of off- premise advertising, which is why more specific language was added to the conditions of approval for ICUPs. The City does not allow other businesses to have off-premise advertising. Graff asked if condition #7 is based on the current ordinance, is the City clarifying what is not allowed to help with enforcement. McCool responded yes. Rediske stated that she does not recall that any decisions were made about off-premise ad- vertising during the discussions that were held last month. She noted that they had directional signs across the street last year and is okay with allowing them. She asked if she could agree to everything but condition #7. McCool responded that could be part of the recommendation for the Planning Commission vote. He stated that would be contrary to what City staff has been instructed for sign enforcement. Rediske asked if that is the same as for those having garage sales. McCool responded no. Rediske asked about signs pointing to plant sales. McCool responded that would be off-premise advertising and those signs would be removed. Rostad noted that those signs last year were prohibited but it was not enforced. McCool noted that when the garden centers were approved last month, these same requirements about sign- age were approved, noting that Walmart had more signage than allowed and had to remove non,compliant advertising. If the Commission changes that, there are going to be other busi- nesses that will want the same consideration, so there will be more off-premise signage in the rig ht-of-ways. Johnson asked if this is a business or for the benefit of a charitable organization. Anderson responded that TNT Fireworks sets up the tent and supplies the fireworks, and the church youth group runs it as a fundraiser with all profits going to the Rose of Sharon Lutheran Church youth group. Johnson asked if there are different rules and regulations for charitable organi- zations holding fundraising events than for businesses. McCool responded this was discussed Planning Commission Minutes May 19, 2014 Page 3 of 7 at last month's workshop, and it was staff's understanding for consistency that charitable nonprofits, churches, and schools would have to abide by the same rules. Reese believes that the code enforcement officer said that by Minnesota statute we couldn't make exceptions; it was either prohibit or allow. McCool responded that was correct. No one e/se spoke. Rosfad closed the public hearing. Graf made a motion to approve the interim conditional use permit to allow the sale of fireworks in the Cub Foods parking, subject to the conditions listed below. Graff seconded. Rediske stated that she thought last month's meeting was just informational and no decisions were made. She wasn't aware that the language in condition #7 was already in the City Code. She remembered talking about Cottage Grove Athletic Association having off-premise signs advertising sports sign ups and the Strawberry Festival, so she is having a problem agreeing to condition #7. She suggested allowing the directionai signs with a timeframe and requirement that they be taken down every night. McCool agreed that no decisions were made at the work- shop last month. Rostad stated that condition #7 is not a change from the current ordinance, it is more of a clarification. Rediske asked if the conditions of approval were the same when the ICUP was approved three years ago. McCool responded yes, with the exception of condi- tion #7, but they still needed to abide by the city's sign ordinance that prohibits off-premise advertising. Condition #7 just clarifies what is and is not al�owed to aid in enforcement efforts. 1. The interim conditional use perrnitis in effectsixteen days priorto July4 and fourdays afterJuly4 for years 2014 through 2096. The interim conditional use permitapplication fee must still be paid to the City for each year fireworks are proposed to be sold from a tent in the southwest corner of Cub Foods parking lot. 2. A building permit for the 30-foot by 40-foot temporary sales tent must be issued by the City's Building Inspections Department before the temporary tent is erected. 3. Merchandise displayed outside the tent is prohibited. 4. A portable multipurpose dry chemical type fire extinguisher must be provided if elec- fric service is provided to the temporary tent "NO SMOKING" signs must be posted as required by the City's Fire Marshal. 5. All electrical wiring, connections, and temporary lighting fixtures must comply with State electrical requirements. 6. Overhead electrical service or electrical exfension cords are prohibited from any powersource that extends across the parking/paved area of the Cub Food's site. 7. Advertising signage aitached to the exterior of the temporary tent is permitted. Free- standing signs, off-premise advertising, hand-carried, flags, costume signs, and/or inflatable signs are prohibited outside the temporary tent No more than one 3-foot by 5-footand one 3-footby 10-footbannersign maybe attached to each of the fourexterior walls of the temporary tent. A building permit is required for all the temporary signs. Planning Commission Minutes May 19, 2014 Page 4 of 7 8. All the requirements imposed by the National Fire Protection Association 1124, 2003 Edition for retail sa/es of consumer fireworks must be complied with. 9. The minimum aisle width serving as a portion of the exit access in the temporary sa/es tent and all aisles accessible by the public must be a minimum of48 inches wide. Dead- ended aisles are prohibited. 10. Discharging fireworks within 300 feet of the temporary tent is prohibited. 19. Sa/e of fireworks is permitted between the hours of 9:00 a.m, to 10:00 p.m. TNT Fire- work's employees must be on site during business hours and during non-business hours for security reasons. Motion passed unanimously (7-to-0 vote). 6.2 Renaissance Fireworks at Rainbow Foods — Case ICUP2014-010 Renaissance Fireworks, Inc. has applied for an interim conditional use permit to allow the sale of fireworks in the Rainbow Foods parking lot at 7282 East Point Douglas Road South. McCool summarized the staff report and recommended approval subject to the conditions stipulated in the staff report. Rostad asked if there will be any signage on the metal storage container. McCool responded that it would only have what is currently painted on it, which is the container company name and information, but they would not be able to advertise fireworks sales on it. Brittain asked if there will be an effect if Rainbow closes before this applicanYs period of time is up. McCool responded that there is lease between Rainbow Foods and Renaissance Fire- works, which specifies the time period that fireworks sales would be allowed on the property. Brittain asked if liability insurance would be provided by the fireworks company. McCooi responded yes. Reese noted that 18 parking spaces will be eliminated and asked how many spaces would be available. McCool pointed out the location of the fireworks tent and the parking area, noting that the tent area wouid be cordoned off for safety reasons. Krissy Alex, 2725 Grand Avenue South, Minneapolis, stated that they have a contract with Roundy's that guarantees they can use the property even if Rainbow does close, Roundy's has a copy of the insurance certificate, and they will post no parking signs in that area. Rostad asked if there have been other fireworks operations where the merchandise is locked up after hours. McCool stated no. Graff asked when the garden center at Rainbow would shut down, and she expressed concern that the parking area could be congested. McCool pointed out the locations of both operations. He stated that he would have to check the resolution of approval to see what the timeframe is Planning Commission Minutes May 19, 2014 Page 5 of 7 for the garden center. Staff did not see that there wouid be a conflict between the two tem- porary uses. Rosfad opened the public hearing. No one spoke. Rostad closed the public hearing. Graf asked if anything can be done about the appearance of the storage container, such as hiding it from public view. McCool responded that the storage container is proposed for that location for convenience of moving the merchandise. If it was placed behind the Rainbow Foods building, there would be more work to transport the product back and forth. Reese asked if there is lighting at that end of the parking lot. McCool pointed out the lighting standards on the aerial photo. Reese expressed concern about security for the storage locker if there is inadequate lighting and it is behind shrubs. McCool noted that there is other street lighting. He does not believe lighting would be a problem plus they will be bringing in temporary lighting. Rediske asked if anybody would stay overnight for security purposes. Alex responded no. McCool stated that their application stated that the fireworks would be stored overnight in the storage container, but there is nothing that would require or prohibit them from staying over- night for security. Brittain made a motion to approve the interim conditional use permit to allow the sale of fireworks in the Rainbow Foods parking lot, subject to the conditions listed below. Reese seconded, 1. The lnterim Conditional Use Permit for display and sales of fireworks is in effect between June 2Q 2014 and July 6, 2014. Set-up may begin on June 13, hut only if a huilding permit has been issued. The temporary tent and storage unit must be removed from the properEy on or before July 13, 2014. 2. A building permit for the 30-foot by 45-foot temporary sales tent must be issued by the City's Building Inspections Department before the temporary tent is erected. 3. Merchandise displayed outside the tent is prohibited. 4. A portable multipurpose dry chemical type fire extinguisher must be provided if e%c- tric service is provided to the femporary tent. "NO SMOKING" signs musf be posted as required by the City's Fire Marshal. 5. All electrical wiring, connections, and temporary lighting fixtures must comply with Sfate electrical requirements. 6. Overhead electrical service or electrical extension cords are prohihited from any power source that extends across the parking/paved area of the Rainbow Food's site. 7. Advertising signage attached to the exterior of the temporary tent is permitted. Free- standing signs, off-premise advertising, hand-carried, flags, costume sign, and/or inflatable signs are prohibited outside the temporary tent. No more than one 3-foot by Planning Commission Minutes May 19, 2014 Page 6 of 7 5-footand one 3-footby 10-footbannersign maybe attached to each of 2he fourexterior walls of the temporary tent. A building permit is required for all the temporary signs. 8. All the reguirements imposed by the National Fire Protection Association 1124, 2003 Edition for retail sales of consumer fireworks must be complied with, 9. The minimum aisle width serving as a portion of the exit access in the femporary sales tent and all aisles accessible by the public must be a minimum of48 inches wide. Dead- ended aisles are prohibited. 10. Discharging fireworks within 300 feet of fhe temporary tent is prohibited. 11. Sale of fireworks is permitted between the hours of 9:00 a.m. to 10:00 p.m. Renais- sance Firework's employees must be on sife during business hours. Motion passed unanimously (7-to-0 vote). Discussion Items None Approval of Planning Commission Minutes of April 28, 2014 Graff made a motion to approve the minutes from the April 28, 2014, Planning Commis- sion meeting. Brittain seconded. Motion passed unanimously (7-to-0 vote). Reports 9.1 Recap of May City Council Meetings McCool reported that at the April 16, 2014, City Council meeting, the Council approved the final plat for Eastridge Woods 2nd Addition, which consists of 37 lots for detached single-family homes; appointed Adam Graf and Kimberly Graff to the Planning Commission; and approved the preliminary plat for Oak Cove. On April 28, there was a joint meeting of the Planning Com- mission and City Council to discuss the sign ordinance. The Council held a special meeting that evening and approved the interim conditional use permits for the seasonal garden centers at Cub Foods and Walmart. On May 7, the Council approved the extension of a variance to setback requirements for two lots on Hyde Court. Olsen welcomed the new Planning Commission members. He reported on May 7 the City Council adopted a resolution authorizing the sale of general obligation tax increment refunding bonds, which is a refinance that gave the City the opportunity to refinance some bonds to a lower rate. He explained that S&P reaffirmed the City's AA+ bond rating, and the report took us from good to very good AA+ which is just one step away from the top rating of AAA. The City of Cottage Grove's bond rating is better than the State of Minnesota and is one of the very few municipalities in the AA+ range. Olsen then stated that there are many events coming up including the Strawberry Festival in June and the Night to Unite parties in August. Planning Commission Minutes May 19, 2014 Page 7 of 7 Johnson asked if Rainbow Foods is closing. Olsen responded that he does not know but it appears that it could. He stated that the Mayor is attending the International Council of Shop- ping Centers convention and met with the property owner of that center and the owners of Home Depot, and it is his understanding that both of those meetings went well. His believes there will be some positive news coming from this convention. Johnson asked what the City can do about the condition of the Target parking lot and whose responsibility it is to fix it. Olsen responded that at the May 7 Council meeting, the Code Enforcement Officer provided an up- date on code enforcement issues, including parking lot maintenance. He stated that Target is working on their portion of the parking lot but other portions would be the responsibility of the shopping center's owner. Staff is working with other properties to bring their parking lots up to standard. 9.2 Response to Planning Commission Inquiries McCool stated that a memo and a drawing of the upcoming Radio Drive/Military Road project were provided as part of this month's Planning Commission packet. He summarized the memo. Brittain asked if the County will address the grade on the northerly section of Radio Drive at that intersection. Johnson stated that the roundabout in Woodbury goes from two lanes to one lane and asked if that is a trend moving forward here too. Olsen stated that Levitt could respond to that at the next meeting. 9.3 Planning Commission Requests Graff stated that the property owners on the corner of County Road 19 and 70th Street are concerned about the road reconstruction and asked if it was always the intention to limit the shopping center accesses to right-in/right-out only. Olsen responded that was the County's decision and their preferred approach from a public safety perspective. Adjournment Graff made a motion to adjourn the meeting. Brittain seconded. Motion passed unani- mously (7-to-0 vote). The meeting adjourned at 7:52 p.m.