HomeMy WebLinkAbout2016-03-28 PACKET 07.City of Cottage Grove
Planning Commission
February 22, 2016
A meeting of the Planning Commission was held at Cottage Grove City Hall, 12800 Ravine Park-
way South, Cottage Grove, Minnesota, on Monday, February 22, 2016, 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.
Members Present: Sam Awad, Ken Brittain, Justin Fox, Kimberly Graff, Jake Haagsman,
Wayne Johnson, Jim Rostad, Roger Zopfi
Members Absent: Adam Graf
Staff Present: Jennifer Levitt, Community Development Director/City Engineer
John M. Burbank, Senior Planner
John McCool, Senior Planner
Dave Thiede, City Councilmember
Approval of Agenda
Brittain made a motion to approve the agenda with the addition of the presentation of a
certificate of appreciation to Commissioner Johnson as this is his final meeting. 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.
Thiede presented Commissioner Johnson with a certificate of appreciation for his service on the
Planning 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 Borner Solar Garden — Case CUP2016-003
Planning Commission Minutes
February 22, 2016
Page 2 of 12
Minnesota Solar Collection has applied for a conditional use permit for a 5 MWac Commu-
nity Solar Garden project to be located at 9105 Lamar Avenue South. (Continued from
January 25, 2016, Planning Commission meeting.)
McCool summarized the staff report and recommended approval subject to the conditions
stipulated in the staff report.
Gary Borner, 8615 Lamar Avenue South, stated that he is the property owner. He provided
reasons why they are pursuing a community solar garden on their agricultural property, which
include helping the family to continue their long-term farming operations, the property is out-
side the MUSA and won't be developed during the terms of the lease, environmental impact,
and that the area is away from neighboring properties.
Andy Melka, 111 Kellogg Boulevard East, St. Paul, stated that he is the Vice President of
Development for Minnesota Solar Connection. He gave an overview of his company's opera-
tions and provided a presentation showing further technical details of the proposal.
Johnson asked if the system goes down, is there a guaranteed timeframe to get it back on for
the subscribers. Melka responded that customers are not using direct power from this site, so
there would be no actual loss of service to the subscribers; it is an accounting mechanism.
Customers subscribe to the site, Minnesota Solar Collection sells the electricity to Xcel, and
customers get a bill credit equal to the amount of electrical output of their subscription. The
electricity goes into the grid to help support and stabilize local use.
Brittain opened the public hearing.
Mike Bailey, Bailey Nurseries, 10447 Kilbirnie Road, Woodbury, stated that they own the prop-
erties on the north, south, and east sides of the proposed solar garden. Short term, they do
not have any issues with the proposal. They do have long-term concerns when this property
becomes developable in 25 to 30 years. They also don't believe this would increase the value
of the properties in the future.
No one else spoke. Brittain closed the public hearing.
Rostad asked from a taxing standpoint, does the classification for property with a solar garden
change from agricultural to commercial. McCool responded that Washington County will still
collect property taxes as agricultural use but there is additional tax that the solar company
would pay to the state; which is then distributed back to the counties and cities.
Rostad made a motion to recommend that the City Council approve the conditional use
permit subject to the conditions listed in the staff report. Haagsman seconded.
Motion passed unanimously (8 -to -0 vote).
6.2 CGSun Solar Garden on 70th Street — Case CUP2016-006
CGSun, LLC has applied for a conditional use permit to allow a community solar garden
up to 4 MW on a 37.7 -acre parcel of land located east of Lamar Fields and south of 70th
Street.
Planning Commission Minutes
February 22, 2016
Page 3 of 12
McCool summarized the staff report and recommended approval subject to the conditions
stipulated in the staff report.
Chuck Beisner, 609 South 10th Street, from SunShare stated that they agree with all the rec-
ommended conditions from staff.
Brittain opened the public hearing. No one spoke. Brittain closed the public hearing.
Fox made a motion to recommend that the City Council approve the conditional use
permit subject to the conditions listed in the staff report. Zopfi seconded.
Motion passed unanimously (8 -to -0 vote).
6.3 Summers Landing — Cases ZA2016-004 and PP2016-005
Summergate Development LLC has applied for a zoning amendment to rezone 160.12 acres
of land located west of Hadley Avenue, south of 90th Street, and north of 95th Street from
AG -1, Agricultural Preservation, to R-3, Single Family Residential with a Planned Develop-
ment Overlay (PDO); and a preliminary plat to be called Summers Landing that will consist
of 383 residential lots for single-family homes and 24 outlots.
Burbank summarized the staff report and recommended approval of the zoning amendment
and preliminary plat subject to the conditions stipulated in the staff report.
Brittain asked about the street names shown on plat. Burbank responded that one of the con-
ditions of approval would be that the street names would follow the Washington County
uniform street naming criteria.
Rostad asked what kind of fencing will be installed along Hadley. Burbank answered that the
applicant has provided several examples but the style has not been defined yet. One option is
a four -foot tall vinyl composite material that would have tie downs off the berming into the
neighbors yards so the residents' fencing could tie off on their property and not in the outlot.
Gary Wollschlager, Summergate Development, 176025 Cedar Avenue South, Lakeville,
stated that he would answer any questions from the Commission.
Brittain opened the public hearing. No one spoke. Brittain closed the public hearing.
Graff made a motion to recommend that the City Council approve the zoning amend-
ment and preliminary plat subject to the conditions listed in the staff report. Awad
seconded.
Motion passed unanimously (8 -to -0 vote).
6ACarbone's — Cases CUP2016-007 and V2016-008
Carbone's Pizza of Cottage Grove, 7155 Jorgensen Lane South, Suite 180, has applied for
an amendment to their conditional use permit for expansion of their current restaurant with
liquor to a total of 7,635 square feet to add a full bar, and a variance to minimum parking
requirements at Almar Village.
Planning Commission Minutes
February 22, 2016
Page 4 of 12
Burbank summarized the staff report and requested that the Planning Commission determine
findings of fact to either approve or deny the requests, and that the CUP application is
dependent on the variance action.
Graff asked if there have been any concerns raised by any of the other tenants in the mall
about parking issues. Burbank responded that he has not heard from any of the tenants. He
did receive two letters of support for this application from residents in the adjacent neighbor-
hoods.
Janelle Erickson, 8800 Inman Avenue South, stated that she and her husband Tim have
owned Carbone's for over eight years. When the tenant next to their space moved, they felt
that this is the right time to expand their business; they will also utilize the vacant space on the
other side of the former tenant which has never been occupied. She believes that based on
their seating they will probably require about to 57 parking spaces. The parking lot at the mall
is rarely ever full, so she does not foresee parking problems. She noted that most of the busi-
nesses in the mall need more daytime parking, whereas their proposal would use more even-
ing and weekend parking. Most of their patrons do not drive individually. She also stated that
their proposal includes space for meetings and functions.
Ken Piper, Tanek Architects, 118 East 26th Street, Minneapolis, who is the architect for the
project, stated that this is an interior project and won't impact the exterior of the building. The
entry will be moved to a more central location, the kitchen will double in size, and the bar area
will extend into booth seating.
Johnson noted that they are doubling the size of their restaurant but not the amount of parking
needed. Erickson responded that they are doubling the size of the kitchen and adding more
restrooms, which do not require additional parking. The seating will be increased but will not
be doubled, so they will definitely increase the amount of parking. Johnson asked if they are
doubling the number of seats. Piper responded that they are increasing the seating, noting
that there is a total of 143 stalls on site with cross parking easements. He asked the Commis-
sion to consider the parking information gathered by code enforcement, which indicated a
parking usage range of 27 to 68. He stated that there is a total of 143 parking stalls available
on site, not counting overflow. They believe that even though the restaurant is doubling in size,
the parking available on site will be adequate.
Brittain clarified that the current seating is 56 and seating is proposed to go to 166, so that is
tripling the number of seats they currently have.
Zopfi asked in their current 56 -seat restaurant, on average how many cars do they see.
Erickson responded that she has been monitoring the parking lot and on a very busy fundraiser
evening they counted at the most 35 cars.
Brittain noted that triple that would be about 90 cars. Erickson stated that would probably occur
during those times when the other tenants do not have parking needs; it is typically going to
be evening and weekends and that amount of parking is available within the entire lot. There
is also the ability to park on Jorgensen Lane, if necessary.
Johnson noted that there is still one space vacant in the mall and expressed concern about it
being occupied by another food business.
Planning Commission Minutes
February 22, 2016
Page 5 of 12
Rostad believes that prospective tenants would determine if there would be enough parking
for their needs and if not, they would find another location. He is not worried about the future
tenant.
Graff stated that looking at the three highest usage periods in the parking report, two were
during the day and one in the evening and asked if that usage was for their restaurant. Erickson
responded that the lunchtime parking was probably mostly for Carbone's because they draw
a large lunch crowd for their buffet and the evening was probably for a fundraiser.
Rostad asked about if there will still be a bank on the southeast corner. Burbank responded
that in 2007 site plan approval was granted for a bank. The property is owned by a bank, which
could still go in there. He then noted that a couple of the parking spaces will be lost due to the
addition of handicapped parking in the front that is triggered by the expansion. Rostad asked
if more parking could be added on the eastern edge of the property. Burbank stated that a
setback variance would be required.
Brittain asked if parking is allowed along Jorgensen Lane. Burbank stated that it is a public
street in which parking is allowed but the original approval does not allow for on -street parking
for the commercial center. He calculated that 25 vehicles could fit along the street if parking
were to be allowed during special events.
Brittain opened the public hearing.
Tom Siebenaler, 801 East Second Street, Hastings, stated that he owns the Subway in Almar
Village. He noted that Carbone's will also need staff parking. His customers utilize the next
lane over in the parking lot, and he is worried about his evening business being impacted by
parking issues.
No one spoke. Brittain closed the public hearing.
Brittain stated that the parking needs chart for Almar Village is based on the one space per
three seat calculation and based on discussions at previous meetings, it was felt that the one
per three seats would not create enough parking for restaurants. Burbank noted that the infor-
mation on that chart was what the tenants told the applicant they needed; the one per three
calculation is what the applicant would like to have. The other table is more realistic as to what
those needs would be. Brittain stated that according to his calculations, one space per three
spaces at 166 seats would be 55 spaces. The square footage calculation requires 153, which
he feels is too many and the one per three would not be enough. One space per two seats
would closer to what he believes is adequate, and if that calculation was used, it would be 83
spaces. He expressed concern that there will not be enough parking during peak hours to
support Carbone's and the other tenants. He believes that the lot is short by 22 spaces to
handle to proposed expansion. He would not be in favor of shifting those out to Jorgensen
Lane because it is a residential area. If there were another 22 spaces, whether along the
eastern edge or in the bank area, he would be more comfortable that this would not have a
negative impact on the other businesses in the mall.
Planning Commission Minutes
February 22, 2016
Page 6 of 12
Zopfi stated even if they tripled their usage to 100 spaces, there would still be 40 spaces
available. Those 40 spaces are not necessarily going to be used during that time by busi-
nesses. He would lean towards recommending that the Council approve the variance.
Haagsman stated that the City should be flexible. The applicants will fill a need for more dining
and gathering space in the city. He believes this will work because some of the other busi-
nesses are not open at the peak times that Carbone's will be.
Brittain stated that there is an expectation by the current businesses in the mall that a certain
amount of parking would be provided. Regarding the vacant tenant space and lot, that parking
is slated for those uses. He thinks there should be a way to protect the other businesses with
respect to the location of where their customers can park.
Graff suggested turning some of the existing spaces closer to the building as short-term park-
ing. She noted that this expansion will draw customers into the shopping center. She stated
that the Commission should weigh the greatest need and benefit for the community when
determining whether to approve a variance.
Brittain believes this is a great idea, but he is concerned about straying so far from the zoning
ordinance to fill vacant space, and does not want to impact future businesses in the mall.
Johnson stated that over his tenure he has seen a number of variances approved for an indi-
vidual's personal benefit, noting that this application would affect a bigger group of the com-
munity. This business does a lot for the community, schools, and charities.
Fox asked if a representative from the building owner and management is present. Debra
Heddle, 847 Fourth Avenue South, South St. Paul, stated that she is with the property man-
agement company and is representing the owner. Fox asked if they would be willing to dedi-
cate parking for the other tenants. Heddle responded that she will suggest to the property
owner set aside designated stalls toward the front of each tenant's door for short-term parking
with time limitations. She noted that letters have been sent to the tenants to ensure that staff
is parking away the building to allow customers to park closer to the businesses.
Brittain would encourage the proposal for designated short-term parking; however, the Plan-
ning Commission cannot make that a requirement. If the Commission had that information
prior to now, his decision would potentially be different than it is. Heddle stated that she got
involved in this project this afternoon, so she has not had an opportunity to discuss that pro-
posal with the landlord, but feels very confident that he would be willing to do that. It is bene-
ficial to the landlord to fill space that has been vacant since the building was built.
Rostad asked if there is dedicated parking behind the building or if there is room to put in a
few employee parking spaces. Heddle responded that there is no designated parking in the
back; it is mostly used for deliveries.
Zopfi asked if the landlord would be willing to look at future parking along County Road 19, if
parking becomes an issue. Heddle stated that she feels confident that he would accommodate
whatever is needed to satisfy our tenants and allow the growth they are requesting.
Planning Commission Minutes
February 22, 2016
Page 7 of 12
Fox asked if due to these concern, could this application be continued or conditioned on a
commitment from the landlord to put in some short-term parking spaces. Levitt responded that
the first thing the Commission needs to do is establish findings of fact either for or against the
application. She noted that if the Commission feels that the findings of fact in the original Res-
olution No. 05-068 related to their previous variance and conditional use permit are still perti-
nent today, they could be used to approve this application. Also staff has not provided any
conditions of approval, so the Commission could suggest those or request that the staff deter-
mine those prior to the Council meeting.
Burbank added that he asked the applicants about relocating somewhere else in the city and
they responded that Carbone's has a distance -based non -compete clause in the franchise
agreement related to the St. Paul Park and Woodbury Carbone's, so their options to relocate
in the community are limited.
Rostad stated that he does not see the need to table these applications as the property owner's
representative is confident that they will provide for short-term parking for the other tenants.
The findings of fact from the previous resolution are pertinent for this application.
Brittain agreed and stated that the Planning Commission's discussion will be beneficial for the
City Council.
Rostad made a motion to recommend that the City Council approve the conditional use
permit and variance based on the same findings of fact listed Resolution No. 2005-068,
which approved the original conditional use permit and variance for Carbone's.
Haagsman seconded.
Motion passed on a 7 -to -1 vote (Brittain).
Brittain stated that he believes the applicants will be successful but he has strong concerns
that there will be issues in the parking lot. He would be more comfortable is the property owner
could provide another 20 parking spaces, whether along the eastern property line or another
area not in the shared parking lot.
6.5 80th Street Crossing — Cases PP2016-012, SP2016-013, CUP2016-014, V2016-015
United Properties Development has applied for a preliminary plat to be called Eightieth
Street Crossing that will consist of three commercial lots; a site plan review of their pro-
posed development at the northwest corner of 80th Street and Hadley Avenue; a condi-
tional use permit to allow a gas station and convenience store; and a variance to setbacks
and green space requirements.
Burbank summarized the staff report and recommended approval based on the findings of fact
and subject to the conditions stipulated in the staff report.
Johnson asked if there has been any concerns from residents in the area about the Holiday
car wash. Burbank responded no. He stated that with the Summerhill project at 70th Street
and Hinton Avenue, noise from the car wash was a big concern for the residents, but staff has
only received one complaint.
Planning Commission Minutes
February 22, 2016
Page 8 of 12
Melissa Duce, Assistant Vice President for the Commercial Department for United Properties,
3600 American Boulevard, Bloomington, MN, stated that they bought the property in 2006 and
did a small refresh of the property in 2008. After the anchor tenant relocated in 2013, they
started looking at redevelopment. She will answer any questions from the Commission.
Brittain opened the public hearing.
Scott Teigen, Vice President of Kwik Trip Stores, LaCrosse, Wisconsin, provided background
on Kwik Trip. He responded to the question about the car wash, noting that it is always an
issue at meetings but very seldom after it is open. If there are noise issues, they will address
those as best as they can, such as with privacy fences and landscaping.
Cheryl Eliason, 8013 Gary Boulevard South, had questions about Honest -1 Auto Care using
parking spaces for vehicles they are working on, access into and out of the shopping center,
the impact on the homeowners and church from the access drive onto Belden Boulevard,
traffic flow at Belden Boulevard and Hadley Avenue, and additional traffic issues on Hadley
Avenue and 80th Street. Burbank explained how traffic would flow into and out of the center
following the proposed reconstruction, pointing out the new accesses, the ones that will re-
main, and the one that will be closed. Brittain asked about Honest -1 storing cars in the parking
lot. Burbank stated that space could be identified for the parking of vehicles. The City's Tech-
nical Review Committee did not identify any concerns about that type of parking and were in
support of the closure of the Hadley Avenue access and the improvement of the new one onto
80th Street. Levitt stated that with the closure of the access point on Hadley Avenue traffic
should be more free-flowing from Hadley onto Belden. She noted that this segment of Hadley
is under the jurisdiction of Washington County, and the City will be working with them to mon-
itor any issues that could arise. Both County and City staff have reviewed it and don't foresee
any traffic concerns at Belden and Hadley. She then stated that staff will review the striping on
80th Street after operations have opened.
Rostad noted that there are two lanes on 80th Street and vehicles do continue straight on 80th
Street across Hadley from the right -turn only lane. Levitt responded that this spring, in con-
junction with Washington County, we could get turning movement counts at that intersection
to see if that is warranted to have right turn and through movements in that lane.
Randy Riddle, 8165 Belden Boulevard South, asked the main entrance will be on Belden
Boulevard or on 80th Street. He also asked if the car wash exit was to the east or west.
Burbank pointed out on the site plan that the exit door for the car wash was on the west side
of the building. Brittain asked if there would be any screening from headlights. Burbank pointed
out the landscaping areas. Brittain asked if there would be two main entrances, one from 80th
Street and the other on Belden. Burbank responded that was correct, noting that there will be
two entrances on 80th Street.
No one else spoke. Brittain closed the public hearing.
Johnson expressed concern about vehicles going out the right -turn only exit on 80th Street
and then having to take a u -turn to go east. Burbank stated internal signage directing vehicular
movement is a condition of approval. Johnson stated that he is a little concerned about the
increased amount of traffic due to Kwik Trip in the mornings. Levitt described how the traffic
could flow. Johnson asked about competing traffic issues from people exiting both Kwik Trip
Planning Commission Minutes
February 22, 2016
Page 9 of 12
and Holiday at the same time to head towards the highway. Levitt responded that Washington
County's traffic engineers have reviewed this and don't foresee any issues at the intersection.
Graff stated that there is a double left -turn lane heading south on Hadley to turn east onto 80th
Street, so if there was opposing traffic turning from both sides vehicles could both turn into the
double left turn lanes and turn onto 80th without changing traffic flow. She expressed concern
about u -turns on 80th Street if they use the right -out only access. Levitt stated that the median
could be posted with a no u -turn sign.
Rostad asked if the right-in/right-out access on 80th Street could be restricted to be an en-
trance only. Levitt explained how traffic could flow, stating that restricting the one access to
entrance -only would require traffic to have to drive through the entire parking lot to exit west-
bound.
Brittain made a motion to recommend that the City Council approve the conditional use
permit subject to the conditions listed in the staff report. Graff seconded.
Motion passed on a 7 -to -0 vote with one abstention (Zopfi).
6.6 Merchants Bank — Cases SP2016-016 and V2016-017
Merchants Bank has applied for a site plan to convert a restaurant to a bank and a variance
to reduce the front yard setback area between the northern property line and the new drive
through lane from 30 feet to 7.5 feet at 8479 East Point Douglas Road South.
Burbank summarized the staff report and recommended approval based on the findings of fact
and subject to the conditions stipulated in the staff report.
Graff asked if this is a permanent relocation for Merchants Bank; if the Bank will remain open
in their current location during the six-month reconstruction project, and if so, would that delay
the Hy -Vee project.
John LeNoble, Krech O'Brien Mueller & Associates, 6115 Cahill Avenue, Inver Grove Heights,
and Skip Stovern, President of Merchants Bank, 14302 Shorecrest Drive, Prior Lake, intro-
duced themselves. Stovern stated that it will take about six months from the date of closing to
move in.
Brittain opened the public hearing. No one spoke. Brittain closed the public hearing.
Rostad made a motion to recommend that the City Council approve the site plan review
and front yard setback variance based on the finding of fact and subject to the condi-
tions listed in the staff report. Johnson seconded.
Motion passed unanimously (8 -to -0 vote).
6.7 Aggregate Industries — Case MP2016-011
Aggregate Industries — North Central Region, Inc. has applied for the 2016 mining permit
to continue their mining operations at 11250 Grey Cloud Trail on Lower Grey Cloud Island.
McCool summarized the staff report and recommended approval subject to the conditions
stipulated in the staff report.
Planning Commission Minutes
February 22, 2016
Page 10 of 12
Patty Christensen, Aggregate Industries, 2815 Dodd Road, Eagan, stated that they expect no
major changes to their operations in 2016, which will be consistent with what they have been
doing in the past. The majority of their material will continue to be barged off site to their
distribution yard in St. Paul.
Brittain asked about the bridge construction concrete casting facility, which is supposed to be
completed in 2016. Christensen responded that later this year they will be requesting an
amendment to their interim conditional use permit for that operation as the project is behind
schedule.
Brittain asked if anyone in the audience wanted to speak about this application. No one spoke.
Graff made a motion to recommend that the City Council approve Aggregate Industries
2016 mining permit and variance based on the findings of fact and subject to the
conditions listed in the staff report. Zopfi seconded.
Motion passed unanimously (8 -to -0 vote).
6.8 West Point Douglas Road Rezoning — Case ZA2016-009
The City of Cottage Grove has applied for a zoning amendment to rezone approximately
70 acres of land along West Point Douglas Road between Belden Boulevard and the prop-
erty at 7858 West Point Douglas Road from B-2, Retail Business, to P -B, Planned Business
District.
McCool summarized the staff report. He noted that there was a question from a property owner
about what happens with the nonconforming residential dwelling and explained that nothing
changes as the property is already zoned commercially but in the future if the property is sold,
it would allow for the additional uses on the property. He also received a question from the
South Washington Service Center on whether property taxes would be increased with this
zoning change, and explained that taxes are based on the land use, not the zoning designa-
tion. He recommended approval of the zoning amendment.
Brittain opened the public hearing. No one spoke. Brittain closed the public hearing.
Awad made a motion to recommend that the City Council approve the zoning amend-
ment to rezone properties along West Point Douglas Road from B-2 to P -B based on
the findings of fact in the staff report. Fox seconded.
Motion passed unanimously (8 -to -0 vote).
6.9 Commercial Uses Text Amendment —Case TA2016-010
The City of Cottage Grove has applied for a zoning text amendment to Zoning Ordinance
regulations that pertain to sales and service for air conditioning, heating, electrical and
plumbing, tattoo and body piercing businesses. The purpose of this proposed amendment
is to eliminate the duplication of these business uses and clarify how these businesses
are allowed within a particular commercial zoning district.
Planning Commission Minutes
February 22, 2016
Page 11 of 12
McCool summarized the staff report and recommended approval subject to the conditions
stipulated in the staff report dated February 22, 2016.
Johnson asked about storage of equipment, supplies, or materials inside a building. McCool
stated that the proposed ordinance amendment for air conditioning, heating, electrical and
plumbing uses with everything inside a building are recommended to be a permitted use within
the B-2, B-3, and P -B zoning districts.
Rostad asked why body art and tattooing are not recommended to be in the B-2 District.
McCool responded that much of the City's B-2 zoning is close to or abutting residential prop-
erties or churches and concern was expressed for these types of businesses to be in the B-2
District. Fox asked if this affects any businesses currently in the B-2 zoning district. McCool
answered no.
Brittain opened the public hearing. No one spoke. Brittain closed the public hearing.
Johnson asked if the P -B area has a sufficient area to allow development on land proposed to
be rezoned. McCool displayed a map showing the existing P -B, Planned Business, zoned
areas and the existence of already developed areas.
Rostad made a motion to recommend that the City Council approve the text amend-
ment, with a change to permit tattooing and body piercing in the B-2 District. Graff
seconded.
Zopfi asked Rostad his reason for allowing tattooing and body piercing in the B-2 district adja-
cent to churches and residential areas. Rostad responded that those businesses are no
different from other retail businesses. Graff stated that her reason for seconding the motion is
that the text originally cited other "body art," which is proposed to be deleted, and is now just
limiting it to body piercing and tattooing, and she does not see any difference between those
uses.
Brittain asked if alcohol sales are prohibited from being close to a church. McCool responded
that there are restrictions based on licensing but not in the zoning ordinance. Brittain stated
that he would be more in favor of following the staff's recommendation of removing that use
from the B-2 District and only allowing it in the B-3 and P -B Districts.
Johnson asked where the recommendation came from to remove those uses from the B-2
districts. McCool stated that staff was asked to consider the deletion of body piercing and
tattoos from the B-2 District. Levitt explained that one of the goals from the City Council's goal
setting session was positioning the City for growth, and the West Point Douglas rezoning was
one of those steps to have other opportunities along that corridor. With that rezoning, addi-
tional places were created where tattooing and piercing businesses could be located, and
there should be sufficient locations in the B-3 and P -B Districts to allow for that use. In B-2
Districts, such as the Gateway North Shopping Center or the Target shopping center, those
types of uses could hinder attracting businesses, and removing tattooing and body piercing
from B-2 District could protect or enhance the integrity of those areas.
Motion passed on a 6 -to -2 vote (Johnson, Brittain).
Johnson stated that he agrees with staff's reasoning for removing the tattoo and body piercing
use from the B-2 District. Brittain stated that he agrees with Johnson.
Planning Commission Minutes
February 22, 2016
Page 12 of 12
Approval of Planning Commission Minutes of December 21, 2015
Fox noted that Councilmember Thiede was present at the January 25 meeting, not
Councilmember Olsen.
A motion was made and seconded to approve the minutes for the January 25, 2016,
Planning Commission meeting with the correction to Councilmember Thiede being in
attendance. Motion passed unanimously (8 -to -0 vote).
Reports
8.1 Recap of February City Council Meetings
Thiede announced that the City Council appointed Derek Rasmussen to the Planning Com-
mission and will start his first term at the March 23 meeting.
8.2 Response to Planning Commission Inquiries
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8.3 Planning Commission Requests
Graff asked if page numbers could be added to the staff reports.
Adjournment
Haagsman made a motion to adjourn. Johnson seconded. The meeting was adjourned
at 10:28 p.m. (8 -to -0 vote).