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HomeMy WebLinkAbout2015-09-02 PACKET 04.A.i. REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # � � ' DATE 9/2/15 +��. • 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 July 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 8/24/15 ❑ � ❑ ❑ 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 July 27, 2015 ADMINISTRATORS COMMENTS: � 'f `"��d` City ministrator Date * * * * * � * * * * * * * * * * * � * * * :� * * * * * * * * * * * * * � * * * * * * * * * * * * COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER City of Cottage Grove Planning Commission July 27, 20'15 A meeting of the Planning Commission was held at Cottage Grove City Hall, 12800 Ravine Park- way South, Cottage Grove, Minnesota, on Monday, July 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, Jim Rostad, Roger Zopfi Members Absent: Jake Haagsman, Kathy Kline 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 Graf made a motion to approve the agenda. Graff seconded. The motion was approved unanimously(7-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 3M Trap & Skeet Club — Case CUP2015-021 3M Trap & Skeet Club has applied for a conditional use permit amendment for expansion of a legal nonconforming use to allow for the construction of an additional detached 24- foot by 36-foot accessory storage structure and a picnic shelter. The 3M Trap & Skeet Club is located at 9600 105th Street Court South. Planning Commission Minutes July 27, 2015 Page 2 of 7 Burbank summarized the staff report and recommended approval subject to the conditions stipulated in the staff report. John Babin, 9634 Hillside Trail South, President of the Trap & Skeet Club, stated that they are a private, non-profit club. He reported that the Park High School team started shooting at the club in 2014 and the Hastings team in spring 2015. Brittain opened the public hearing. Mary Heldman, 10176 East Point Douglas Road South, stated that she opposes this applica- tion because it would encourage more shooting. She believes the noise affects the property values as it is so hard to be outside because when it comes through the valley the noise is magnified and echoes. She also believes the hours of operation have been abused. She does not understand how the City cannot regulate the club. She suggested that they turn the course around and shoot towards the river to help mitigate the noise issues. Ruth Pommerening, 9826 East Point Douglas Road South, agreed with Heldman's comments about the noise levels. She does not understand why they have to have their building in that location when they have a lot of land. Paula Bushilla, 10276 East Point Douglas Road South, stated that they own Hope Glen Farm and work with the neighbors on their noise levels from the events on their property. She stated that there have been more noise problems this year than there have been in the past. She noted this is the year brides have expressed concern about noise during their weddings. She asked that the club look into ways to mitigate the noise levels. Pete Soukop, 7757 Inskip Trail South, stated that he is the head coach for the Park High School Trap Team. He explained what 3M has done for the team and the support they have given for the sport. He stated that he is a Minnesota certified firearm safety instructor, Level 1 range safety officer/instructor, and a shotgun coach. He understands the frustrations of the neighbors but he equates what goes on at the gun club with the noise from activities at the high school. He stated that they are not adding more shooters to the club; they are just building new structures to provide shelter and storage space. Benjamin Siedel stated that he is a member of the trap team and he supports the 3M Trap & Skeet Club because they have helped lower costs for shells and membership fees. He does not believe shooting toward the river would help mitigate noise levels. He noted that there have not been any complaints to Public Safety. This program provides kids with opportunities to learn about gun safety. Kristy Roarke, 7366 Irvin Avenue South, stated that she is one of the coaches of the trap team and shoots in the adult league. She supports the application. She explained that the applica- tion is for the expansion of the buildings. The current shelter is not large enough for the current group to utilize. She reiterated that this application is not to expand memberships or additional teams but simply to allow larger structures. Babin stated that he respects the concerns about noise but they have been in operation since around 1973. He is the current president of the board and the membership has been steady Planning Commission Minutes July 27, 2015 Page 3 of 7 at about 300 to 325 members. They do not intend to expand the membership. He provided a summary of the shooting schedule, noting that they are very strict about their hours of shooting. Brittain asked if the topography between the range and Highway 61 is relatively flat. Babin responded yes and there are trees along the highway. They are considering planting more trees in that area. Brittain asked if an earth berm in addition to trees would help with noise abatement. Babin noted that several years ago they did sound testing and found that the some of the highway noises were louder than the shotgun noise. Graff asked if there have been past noise complaints. Babin responded that he is aware of one complaint. As part of their stewardship plan, they are working to find ways that are better for the community and environment. He is not aware of any formal complaints, just anecdotal. Graff asked if it was possible to publish the results of their noise study. Babin stated that he could provide a copy to the City. Bushilla asked how often they have special events at the club. She stated that there is no noise buffer between the club and the properties across the highway. She asked the Trap & Skeet Club to work on mitigating the noise issues. Diane Babin, 9634 Hillside Trail South, stated that she thinks that the noise from the highway could be just as loud as the gun range on shooting days. Soukup stated hours that the Park High School team has a ten-week season in the spring and a six-week season in the fall, so the shooting is not year round. No one else spoke. Brittain closed the public hearing. Johnson stated that the trap shooting is great for kids and noted that rules and regulations for gun clubs are very stringent. Graff suggested that the residents keep a log of noise concerns and record the sounds. Graf made a motion to approve the conditional use permit subject to the conditions listed in the staff report. Fox seconded. Graf stated that Minnesota Statute 87A precludes the City from governing noise or expansion as long as the range is in compliance. He encourages 3M to work with the neighbors to reme- diate those issues. Brittain agreed, noting that it does not appear as if the gun club received feedback regarding noise issues. Motion passed unanimously(7-to-0 vote). 6.2 Crossroads Church Sign — Case CUP2015-023 Crossroads Church has applied for a conditional use permit to exceed the maximum wall sign size of 50 square feet to mount a new wall sign having up to 102.50 square feet on the southeast wall of the principal structure at 7955 Ivystone Avenue South. Planning Commission Minutes July 27, 2015 Page 4 of 7 McCool summarized the staff report. He reported that the applicant provided a fourth sign package option for up to 126 square feet of signage. He recommended approval of the appli- cation allowing signage up to 126 square feet to be mounted on the southeast wall of the church subject to the conditions stipulated in the staff report. Zopfi asked if they had decided which design they wanted. McCool responded no. Jake Kerschner, Campus Pastor at Crossroads Church, 7858 67th Street Court South, stated that they are still undecided on their preferred sign package. They want the signage to be visible from the street and look nice; they are leaning towards Option #1 but at a larger size. Brittain asked if they needed to have a slogan in addition to their logo taking up the square footage of their allowable signage. Kerschner stated that is the main reason they want to do that sign, noting that they have that signage on their Eagan campus. Johnson stated that slogan is part of their brand. Levitt encouraged the Commission to limit the discussion to the size of the signage as the City cannot regulate the content of the sign. The application is for a conditional use permit for the size of the sign. Brittain opened the public hearing. No one spoke. Brittain closed the public hearing. Graff asked if findings of fact are needed for this application. McCool responded that this is not a variance application; it is a conditional use permit. The Commission could incorporate rationale for the conditional use application. Brittain expressed concern about setting a standard by straying significantly from the sign or- dinance requirements to go from 50 square feet to 126 square feet. McCool clarified that the ordinance allows 50 square feet for freestanding and 50 square feet for wall mounted signage. The ordinance allows for the conditional use for non-residential uses such as schools and churches. He noted that we are evaluating a sign package. Brittain asked what other condi- tional use permits for sign packages for other entities of this type have been allowed. McCool stated that the review is for how much of the wall space the signage would occupy. In this particular case, there is no other wall signage on the building. The square footage requested would occupy only a small percentage of the total wall area of the structure, and they only have one freestanding sign on the property. The four options they provided would occupy a reasonable amount of space on the building. Rostad asked if the pictures provided with the proposed signage are to scale. McCool responded yes. Rostad asked about the options. Kerschner stated that they are still deciding which option they want; the important factor is visibility from the street. They would like to have 100 square feet of signage. Johnson asked about the square footage of the cross on the building. Kerschner does not know. Johnson stated that it appears the proposed sign size is comparable to the cross size. He asked if the ordinance is changed when the cross is removed and the words are added. McCool responded that the City does not consider crosses to be signage, so they are not regulated. Planning Commission Minutes July 27, 2015 Page 5 of 7 Rostad stated that the 100 square foot sign is in proportion to the building and believes the request is within reason and would look appropriate. He supports the application. Graf made a motion to approve the conditional use permit to allow a sign up to 126 square feet to be mounted on the Crossroads Church building,subject to the conditions listed in the staff report. Rostad seconded. Johnson asked if the updated sign ordinance takes into consideration the proportion of sign size to building size. McCool responded that for commercial properties there is a sign coverage is limited to15 percent of wall space. In this particular case, the proposed options would not exceed the 15 percent allowed for commercial signage. He stated that stafF could provide the percentage of wall signage for this building, noting that the larger size requested fits the wall space visually. Johnson asked if this application would be for this size or no bigger than 15 percent of your building in order to not set precedent. McCool responded that this is a proposed sign package as a conditional use permit. The City can identify the percentage of coverage on a wall area; we would look at the whole property and the entire building as to whether or not the sign package is appropriate for the building and property. Examples would be schools and churches. There are no specified criteria or limitations; it is just a proposed sign package. Motion passed unanimously(7-to-0 vote). 6.3 Roger's Automotive: Mobile Office Trailers — ICUP2015-024 Roger's Auto & Truck Parts, Inc. has applied for a conditional use permit to expand a legal nonconforming use to allow for exterior storage, delivery, return, and service of mobile office trailers at 10870 Ideal Avenue South. Burbank summarized the staff report and recommended approval subject to the conditions stipulated in the staff report. He noted that a couple of past resolutions were missed in the preparation of the staff report, so a condition will be added, which will be Condition #3, rescinding Resolution No. 1995-79 and 1995-86. The applicant expressed concern about a few of the conditions: Condition #6 regarding a financial surety to insure the removal of the site after the ten-year period is done; Condition #20 regarding installing aprons meeting the City's detail plates, Condition #21 requiring a right-of-way permit for the installation of those aprons within the public right-of-way; and Condition #24 requiring submittal of a landscaping plan for the front area between the principal structure and public right-of-way for approval by the Community Development Department, After discussions with the applicant, it was deter- mined that Conditions#6, #20, and #21 could be struck from the recommendation. Staff would like to keep condition #24 regarding landscaping as a new user will be moving onto the site. Jack Clinton, 539 Bielenberg Drive, Woodbury, the attorney representing the applicant, stated that the current property use goes back to the 1950s, prior to the Cottage Grove zoning ordi- nance, which is how the legal nonconforming use came about. Acton Mobile, which is based out of Maryland, approached the property owners about using the property to store and refur- bish temporary office and facility units that they rent or sell. There are several advantages to this proposal, including eliminating the car recycling operation, the hazardous waste from the current use would be gone, the proposed use is cleaner, and there would be a substantial reduction in traffic volume in the area. Acton does not foresee that there will be more than 100 units on site at any one time. As part of the proposed agreement the applicant has with Acton, Planning Commission Minutes July 27, 2015 Page 6 of 7 the applicant is in the process of doing a Phase 1 environmental assessment, which needs to be reviewed and approved by Acton and will be provided to the City. Also, stormwater ponding would be added to the site. The final design of the stormwater ponding will be completed once the Phase 1 assessment is done and submitted to the City before grading begins. He con- cluded that this would be a less intensive, more environmentally sensitive use with substan- tially reduced traffic than the use that is there today. He clarified that only agreement that is under discussion is a lease agreement between the property owners and Acton. Rostad asked about the ingress/egress to the back of the property is that running to the south of the existing building. Burbank responded that the access to the back yard is on the south side. Rostad asked if that is the same area they are looking at for the stormwater. Burbank stated that the stormwater would be towards the west. He pointed out the location on the site plan. Rostad asked if there is enough space for the trailers to access the back of the property with the stormwater management flow area or will there be a culvert. Burbank stated that staff has not yet seen the detailed stormwater management and grading plan but those details will be addressed then. Clinton stated that the preliminary information he has from Emmons & Olivier, who is designing the stormwater plan, is that the area will be re-graded from Ideal Avenue and there will be new class 5 in the storage area. Rostad clarified that his concern is if there is enough width for both the stormwater drainage and truck access. Clinton responded the stormwater pond is still being designed and will be reviewed by the City to ensure that it follows the City's stormwater plan. Rostad believes this proposal is a great use for the existing space. Brittain opened the public hearing, No one spoke. Brittain closed the public hearing. Graff made a motion to approve the conditional use permit, subject to the conditions listed in the staff report with the removal of conditions #6, #20, and#21 and the addition of a new condition #3. Zopfi seconded. Motion passed unanimously(7-to-0 vote). Discussion Items 7.1 City Code Amendment— Solar Energy Regulations McCool summarized the staff memorandum and requested direction from the Commission. Johnson asked if the City could be notified by the utility companies when a solar energy system was decommissioned or abandoned. McCool that would be a private arrangement between the property owner and the utility company, but they would be required to remove those facil- ities. Johnson stated that he would like the City to be notified if a system is being decommis- sioned so the removal could be enforced. Graf agreed that allowing solar farms in the MUSA would be non-beneficial as far as the com- prehensive plan, considering those areas are planned to be developed and the life of a solar farm could exceed that timeframe. He then asked about street facing panels. McCool stated that is referring to freestanding panels and if those would be allowed closer to the street than the house is or if there should be a minimum setback from the front property line. Graf was in support of establishing a minimum setback. Brittain expressed concern about glare from Planning Commission Minutes July 27, 2015 Page 7 of 7 panels angled towards the street and suggested that screening be required. McCool stated that at the joint Planning and Environmental Commissions workshop on August 24, there will be representatives from the industry who can address those concerns. Approval of Planning Commission Minutes of June 22, 2015 Graff made a motion to approve the minutes for the June 22, 2015, Planning Commis- sion meeting, with a change adding an "F" to "Graf"in "Call to Order."Fox seconded. Motion passed unanimously(7-to-0 vote). � Reports 9.1 Recap of July City Council Meetings Levitt reported that there were no Planning Commission related items on the agendas for the July 1 and July 15 City Council meetings. Olsen updated the Commission on rental licensing, the budget process, and the City Admin- istrator search. He reported that there will be an open house on the budget on August 19 at City Hall, he and Councilmember Dennis will host a town hall meeting on July 30 in the Council Chambers, and Night to Unite will be held on August 4. 9.2 Response to Planning Commission Inquiries None. 9.3 Planning Commission Requests Brittain stated that his primary concern regarding non-profit signage was any potential inter- pretation of arbitrariness to the process. It would have been helpful to the discussion during the Crossroads Church sign public hearing to have some indication as to why the proposal was appropriate with respect to something other than aesthetics. Levitt responded that staff could put together an educational packet and provide some examples from other sign pack- ages that have been approved within the city so the Commission would have a better under- stand that this isn't an uncommon situation for buildings with very large wall space. Brittain asked if that information could be part of future staff reports. Graff noted that the pond north of 70th Street has started to smell. Levitt responded that the City has a policy to not treat algae, but the issues at that pond may be unique so the City is looking at opportunities to engage research and different techniques to manage and monitor it in a scientific manner. Adjournment Graff made a motion to adjourn, Graf seconded. The meeting was adjourned at 9:05 p.m. (7-to-0 vote).