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HomeMy WebLinkAbout2015-06-03 PACKET 04.A.ii. REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # U • . DATE 6/3/15 �"• ./� . 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 April 27, 2015. STAFF RECOMMENDATION: Approve the request. BUDGET IMPLICATION: $N/A $N/A N/A BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE ADVISORY COMMISSION ACTION: DATE REVIEWED APPROVED DENIED � PLANNING 5/18/15 ❑ � ❑ ❑ 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 April 27, 2015 ADMINISTRATORS COMMENTS: � f � !�9`" City Administrator Date * * * * * * * * * * * * � * * * * * * * * * * * * * * * * * * * * * * * * * * * * * � * ,� * * * COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER City of Cottage Grove Planning Commission April 27, 2015 A meeting of the Planning Commission was held at Cottage Grove City Hall, 12800 Ravine Park- way South, Cottage Grove, Minnesota, on Monday, April 27, 2015, in the Council Chambers and telecast on Local Government Cable Channel 16. Call to Order Chair Brittain called the Planning Commission meeting to order at 7:00 p.m. Roll Call Members Present: Ken Brittain, Justin Fox, Adam Graf, Kimberly Graff, Wayne Johnson, Kathy Kline, Jim Rostad, Roger Zopfi Members Absent: Chris Reese Staff Present: Jennifer Levitt, Community Development Director/City Engineer John M. Burbank, Senior Planner John McCool, Senior Planner Justin Olsen, City Councilmember Approval of Agenda Gratf made a motion to approve the agenda. Rostad seconded. The motion was approved unanimously(8-to-0 vote). Open Forum Brittain 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 Brittain 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 Walmart Garden Center— Case ICUP2015-010 Walmart has applied for an interim conditional use permit to allow a temporary outdoor garden center in the parking lot of their property at 9300 East Point Douglas Road South. Planning Commission Minutes April 27, 2015 Page 2 of 6 Burbank summarized the staff report and recommended approval subject to the conditions stipulated in the staff report. Zopfi asked if the applicant agrees with the ten conditions and if they are going to remedy the storage issues behind the screened garden center area, in the unfenced area, and the storage containers behind the store. Jeanna Elliott, 3933 30th Street South, Minneapolis, responded that if they are required to remove the metal racks and if the home office gives her that direction, she will follow that. She has already reduced the number of outside storage containers to one from the three that were there when she took over the store; her plan is to get the final one removed. She will also comply with the signage requirements. Graf asked if there should be a condition added to remove the exterior pallets from behind the store. Burbank responded that exterior storage is not allowed by ordinance and staff is working with Walmart to bring the property into compliance, but that could be added as a condition. Brittain noted that the ICUP would be valid from May 7, 2015 through July 1, 2020 and asked if there could be language added to better specify the specific period each year that the garden center is allowed. Burbank responded that there is a sentence in the conditions that the start date in subsequent years is April 1, but that could be modified by adding the end date for each year. Rostad noted that the way the conditions read this ICUP would be for a six-year period. McCool stated that the expiration date should be changed to July 1, 2019. Brittain opened the public hearing. No one spoke. Brittain closed the public hearing. Graff made a motion to recommend approval of the interim conditional use permit sub- ject to the conditions in the staff report with changes so the end date would be 2019 and that the ICUP runs from April 1 through July 1 each year. Johnson seconded. Motion passed unanimously(8-to-0 vote). 6.2 Gallo Garage— Case CUP2015-011 Darrick Gallo applied for a conditional use permit to allow for the expansion of a non-con- forming use to include a 992 square foot addition to an existing 1,008 square foot detached accessory structure at the current setback lines and structure height for a total of 2,000 square feet at 11645 West Point Douglas Road South. Burbank summarized the staff report and recommended approval subject to the conditions stipulated in the staff report. Fox asked what a two-point survey is. Burbank responded that instead of having to survey the whole yard, which would be four points or more, it would only require it for the property line where the boundary is in question. Planning Commission Minutes April 27, 2015 Page 3 of 6 Johnson asked what happens if the two-point survey finds the structure is closer to the prop- erty line than 10 feet. Burbank responded the approval would be to allow the expansion at the current setback location. If it is on the neighbor's property, then they would have to work that out with the adjacent property owner. Johnson wants to ensure that everything stops if it is found that the structure is on the other property. Burbank stated that if it is on the neighboring property, the City would not issue the building permit. If it is within the property boundary, the approval would be for the existing condition. Zopfi asked if this is a platted subdivision. Burbank said it was. Zopfi asked if the neighbors are agreeable to adjust the lot lines. Burbank responded that would be a civil issue between the neighbors; the City Code does allow for minor boundary adjustments so if both property owners agree, they could apply for a minor subdivision. Brittain asked if the intent is whatever the setback is currently after the two-point survey that will be the number used. Burbank responded that was correct unless the survey shows that the structure is on the neighbor's property, which will be addressed at the time of the building permit. Rostad asked if the new portion of the structure would be closer to the property line. Burbank stated it will not be closer to the property line than the existing structure. Graf asked where the new portion will be located. Burbank stated that it will be added onto the front of the garage. Darrick Gallo, 11645 West Point Douglas Road South, stated that he found the rear property stake 10 feet from the building right on the fence line but he could not find the front one. The neighboring property owner thinks it may be under the maple tree. He is agreeable to getting the two-point survey if it is needed. Brittain opened the public hearing. No one spoke. Brittain closed the public hearing. Rostad made a motion to approve the conditional use permit subject to the conditions listed in the staff report. Kline seconded. Motion passed unanimously(8-to-0 vote). 6.3 Renaissance Fireworks at Grove Plaza — Case ICUP2015-012 Renaissance Fireworks has applied for an interim conditional use permit to allow the retail sale of Minnesota-approved fireworks in the parking lot at Grove Plaza, 7282 East Point Douglas Road South. McCool summarized the staff report and recommended approval based on the findings of fact and subject to the conditions stipulated in the staff report. He noted that the last condition is no longer needed as the applicant has received written approval from the property owner. Rostad asked if a specified time period to remove the tent and storage container for each year of the interim conditional use permit could be added to condition #1. McCool responded yes. Planning Commission Minutes April 27, 2015 Page 4 of 6 Johnson asked if there could be issues with approving a three-year ICUP as the building is currently vacant and the future plans for the area are unknown. McCool responded that all the parking for that area is shared parking and there are no designated spaces for each of the tenants. If the conditions have changed, including the building being occupied or parking is- sues, the City can require them to come back and reapply for their permit. He noted that staff would administratively attempt to modify any problems but if an agreement couldn't be reached, they would require the applicant to come back to the Planning Commission and City Council. Zopfi asked about the safety of the storage container if the inventory explodes inside. McCool responded that staff will provide additional information to the City Council. Kline asked if there are other fireworks operations within the City. McCool responded typically there is a fireworks tent in the Cub Foods parking lot but they have not yet filed for a building permit application. They were granted a three-year approval last year. Brittain opened the public hearing. No one spoke, Brittain closed the public hearing. Kline made a motion to approve the interim conditional use permit subject to the con- ditions listed in the staft`report minus condition #12, Fox seconded. Graf offered an amendment to the motion that safety information on the storage unit be provided to the City Council. Kline and Fox agreed with the amendment. Graff asked that the language in condition #1 be clarified before it goes to the City Council to reflect the time period for removal of the tent and storage container. She also would like to add a condition that if the building usage changes or construction starts on the property that they must come back for approval from the Planning Commission and City Council. Brittain asked if there are any issues that City staff foresees that could trigger that. Graff believes they should reapply in those circumstances even if there are no issues. Her concerns include not knowing what the future uses could be, possible parking issues if the space is occupied, and conflicts during construction. Brittain asked if language could be added to make it clear to the applicant that this could happen. Levitt suggested leaving condition #12 in the conditions approving the interim conditional use permit since it is not specific to the owner or tenant. The City will then have written approval from whoever is the owner each year. Graff agreed. Brittain asked if Kline and Fox were agreeable to leaving condition #12 in the conditions approving the interim conditional use permit. They agreed. Graf pointed out that the first part of the amendment also included termination dates for the upcoming years for the three-year period. Brittain asked if Kline and Fox are agreeable to adding that language to condition #1. They agreed. Motion passed unanimously(8-to-0 vote). 6.4 ACGO Preliminary Plat with Variance — Cases PP2015-013 and V2015-014 South St. Paul Agri-Properties, LLC has applied for a preliminary plat to re-subdivide three taxing parcels with a combined land area of 43.427 acres into finro lots and one outlot and a variance to Title 11-3-9(D), General Parking Provisions, to reduce the ten-foot minimum Planning Commission Minutes April 27, 2015 Page 5 of 6 side yard setback for a parking/drive aisle to zero feet. The proposed plat and variance request pertain to the properties located at 7800 and 7900 97th Street South and the 31.9 acres of land west of 7800 97th Street South. McCool summarized the staff report and recommended approval subject to the conditions stipulated in the staff report. Brittain asked about the reason for moving the boundary line and asked if parking spaces would be lost due to this. McCool responded that the property line will bisect parking spaces but the existing parking will continue to be used. The operation on both AGCO properties does not change, it is just that the property boundary line will bisect those spaces. He explained that the reason the boundary line needed to be moved was due to the size of the new 96,000 square foot building addition onto the building at 7800 97th Street. The building code requires a 60-foot minimum setback from the property line. He further explained that they will be com- bining two lots into one parcel and there will be one existing lot to the east. Brittain asked what happens with the parking if Lot 2 is sold. McCool stated that they would be able to sell Lot 2, Block 2 without City approval, and AGCO would need to address the parking encroachment with a future buyer. Brittain asked if there is room on Lot 2 to provide additional parking spaces. McCool responded that there is no room for additional parking between the two structures. Brittain asked if the parking that is being bisected is not needed to satisfy parking require- ments. McCool stated that there are about 12 spaces along the side property line and they have an area between the buildings for equipment to transport materials back and forth between the two buildings. The number of parking spaces on Lot 2, Block 2 exceeds the ordi- nance minimum number of parking spaces for the existing building at 7900 97th Street. Fox asked if the building at 7800 97th Street is setback far enough from the proposed property line. McCool stated that it does comply with its minimum setback of 40 feet. Brittain opened the public hearing. No one spoke. Brittain closed the public hearing. Graff made a motion to approve the preliminary plat and variance based on the findings of fact and subject to the conditions listed in the staff report. Graf seconded, Motion passed unanimously(8-to-0 vote), Approval of Planning Commission Minutes of March 23, 2015 Rostad made a motion to approve the minutes from the March 23, 2015, Planning Com- mission meeting. Johnson seconded. Motion passed unanimously(8-to-0 vote). Reports 8.1 Recap of April City Council Meetings Levitt reported that on April 1, the City Council approved the park dedication fee increase from $3,200 to $3,400. At the April 15 meeting, the Council approved the comments for the AUAR with the final adoption on June 3; held the public hearing and approved the TIF District for the Planning Commission Minutes April 27, 2015 Page 6 of 6 AGCO parcel; approved the AGCO site plan with variance; and approved the variance for the accessory apartment as part of an accessory structure at 10990 Manning Avenue. Olsen stated that on Saturday, April 25, there was a ribbon cutting and Arbor Day tree planting event at Sunnyhill Park on Ideal Avenue in the Pinecliff neighborhood, and the Chamber of Commerce Business Expo was held at the Ice Arena. He noted that there will be a business expo as part of the Strawberry Festival in June. He reported that the City's Annual Volunteer Banquet was held on April 21, and the Volunteer of the Year is Rick Constable, who is in charge of the Cottage Grove Police Reserve program. Olsen stated that the City Council held a special meeting on April 22 to interview and select a search firm for the City Administrator position, which was awarded to Springsted. At that meeting, the Council appointed Public Safety Director Craig Woolery as the Interim City Administrator effective June 1. Johnson asked what is happening at The Rush. Levitt responded that the City provided direc- tion to the property owner to take care of the hazardous conditions on site. 8.2 Response to Planning Commission Inquiries None 8.3 Planning Commission Requests Brittain asked about the open house regarding 70th Street. Levitt responded that Washington County will host their second open house regarding the 70th Street corridor project. This ses- sion will focus on 70th Street from Jamaica Avenue to Manning Avenue (TH95). The open house will take place at the Washington County South Service Center on Wednesday, April 29, from 4:30 p.m. to 7:00 p.m. Adjournment Graff made a motion to adjourn, Kline seconded. The meeting was adjourned at 8:12 p.m, (8-to-0 vote).