HomeMy WebLinkAbout2020-02-24 PACKET 07.City of Cottage Grove
Planning Commission
January 26, 2020
A meeting of the Planning Commission was held at Cottage Grove City Hall, 12800 Ravine Park-
way South, Cottage Grove, Minnesota, on Monday, January 27, 2020, in the Council Chamber
and telecast on Local Government Cable Channel 16.
Call to Order
Chair Khambata called the Planning Commission meeting to order at 7:00 p.m.
Members Present: Sarah Bigham, Evan Frazier, Tony Khambata, Eric Knable, Derek
Rasmussen, Jerritt Wright, Roger Zopfi
Members Absent: None
Staff Present: Ben Boike, Community Development Director
John M. Burbank, Senior Planner
Emily Schmitz, Senior Planner
Christine Costello, Economic Development Director
Ryan Burfeind, Public Works Director/City Engineer
Amanda Meyer, Assistant City Engineer
Steve Dennis, Council Member
Kori Land, City Attorney
Approval of Agenda
Frazier made a motion to approve the agenda. Wright seconded. The motion was approved
unanimously (7 -to -0 vote).
Open Forum
Khambata opened the open forum. Khambata asked if anyone wished to address the Planning
Commission on any non -agenda item. No one addressed the Commission. Khambata closed the
open forum.
Chair's Explanation of the Public Hearing Process
Khambata 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 Garden Center — Cases ICUP2020-001
Planning Commission Minutes
January 27, 2020
Page 2 of 6
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.
Schmitz summarized the staff report and recommended approval subject to the conditions stip-
ulated in the staff report.
Knable recused himself from this application as he works for Cub Foods.
Khambata opened the public hearing. No one spoke. Khambata closed the public
hearing.
Khambata noted that Cub Foods has been running their outdoor garden center for a long time
and thinks that as long as they continue operations as they have done in the past, he does not
have any concerns about this application.
Bigham made a motion to approve the interim conditional use permit subject to the con-
ditions in the staff report. Zopfi seconded. Motion passed unanimously (6 -to -0 vote with
one abstention).
6.2 Summers Landing EAW — Case EAW2020-003
Summergate Development has filed an application for an Environmental Assessment Work-
sheet (EAW) amendment for the proposed Summers Landing 4th Addition development,
generally located north of 93rd Street and west of Mississippi Dunes Boulevard.
Burbank summarized the staff report and recommended approval of the report and find that
that a new Environmental Assessment Worksheet is not required for the Summers Landing 4th
Addition single-family residential subdivision.
Khambata opened the public hearing. No one spoke. Khambata closed the public
hearing.
Rasmussen stated that it appears that staff researched this well and everything makes sense
to him that the original EAW should still be in effect. Khambata concurred.
Frazier made a motion to approve the EAW update report and find that an Environmental
Impact Statement (EIS) is not required for Summers Landing. Wright seconded.
Motion passed unanimously (7 -to -0 vote).
6.3 Leafline Labs Expansion — Case CUP2020-004
APPRO Development, Inc., on behalf of Leafline Labs, has applied for an amendment to
their existing conditional use permit to allow construction of an approximate 134,000
square foot addition to the existing 43,700 square foot facility at 8235 97th Street South,
which would consist of a greenhouse and a link to the existing facility, as well as a new
access road encircling the greenhouse.
Planning Commission Minutes
January 27, 2020
Page 3 of 6
Schmitz summarized the staff report and recommended approval subject to the conditions stip-
ulated in the staff report.
Jack Matasosky, APPRO Development, introduced Ben Peters, their architect; Bill Parker,
CEO for Leafline; and Emily Kowalski, the Vice President of Cultivation. He stated that they
would answer any questions.
Rasmussen asked if the trouble with the lighting meeting the one foot-candle requirement is
because the light is coming from the greenhouse itself rather than site lighting. Matasosky re-
sponded that it is due to both the greenhouse and the site lighting. He explained when they did
the photometric study, they did a worst-case scenario and without consideration for the land-
scape plantings. They are working with staff about placing landscaping where they found that
they were at 1.3 foot-candles at the perimeter and asked for flexibility to add landscaping in
those difficult areas. Matasosky then noted that the whole building meets the class I material
requirements.
Khambata asked if they have any experience in mitigating light pollution and if so, what has
worked well, such as coniferous trees and privacy fencing. Matasosky stated that in addition to
those options, there are blackout curtains that can be incorporated into the structure.
Frazier asked if there are any concerns about putting the plants on display in a glass green-
house. Matasosky stated that is another reason for the blackout curtains. He noted the facility's
distance from the road along with significant camera surveillance and 24-hour security on site.
Khambata opened the public hearing. No one spoke. Khambata closed the public
hearing.
Zopfi made a motion to approve the conditional use permit amendment subject to the
conditions in the staff report. Frazier seconded. Motion passed unanimously (7 -to -0
vote).
6.4 Water Treatment Facility — Case ICUP2020-002
The City of Cottage Grove has applied for an interim conditional use permit to allow con-
struction of an interim water treatment facility at 8450 81st Street South to treat either Well
#7 or Well #8 until a permanent water treatment solution is determined.
Schmitz summarized the staff report and recommended approval subject to the conditions stip-
ulated in the staff report.
Rasmussen asked why it is taking a long time for a permanent water treatment solution, and if
there continues to be delays, would these temporary buildings be upgraded to meet City stand-
ards. Burfeind responded that for the last year and a half, the City has been participating with
the 3M Settlement Agreement Working Groups. The process has gone on longer than the state
anticipated, which was to have a plan in place by December. Currently, it is projected that
recommended solutions for each East Metro community would be ready by March or April.
Staff and the Council have been very adamant that City wants to stay on city water. The working
groups are also looking at regional options, such as a surface water plant on the Mississippi.
He explained that the funding comes from the 3M Consent Decree, which is ongoing funding
Planning Commission Minutes
January 27, 2020
Page 4 of 6
for temporary measures. If the State wanted to make these permanent, they would have to pay
3M back. He is very confident that the City will be able to go the route of groundwater treatment,
and there is a location sited for a centralize facility behind the Central Fire Station. This would
take a couple years for design and construction.
Khambata asked what other decision makers are involved. Burfeind responded the Minnesota
Pollution Control Agency and Minnesota Department of Natural Resources, which are the trus-
tees of the grant money received from 3M, are the ultimate decision makers. They have been
adamant that they will not force a solution on the City that we do not want and will work closely
with us on that.
Rasmussen clarified that the intent is that once there is a permanent solution, these temporary
buildings will be removed and the area put back to its original state. Burfeind stated that is
correct. He noted that if the City decided to keep those temporary water treatment facilities, the
City would have to pay 3M back for the cost to build them. He also explained that the tanks are
rented, and the only way to remove them is to take the building down.
Bigham noted that the location is in an established neighborhood and asked if the road going
to the temporary facility would be a gravel road. Burfeind stated that it is currently a gravel road,
but because there will be more continuous maintenance, it will be paved. Bigham asked when
the construction would be done. Burfeind responded weekdays and Saturdays.
Wright asked if there were any concerns from the neighbors about construction traffic and dust
from the gravel road. Burfeind responded there were none specifically stated, but the City will
monitor it and would utilize dust control measures until the pavement is in place.
Khambata opened the public hearing. No one spoke. Khambata closed the public
hearing.
Frazier made a motion to approve the interim conditional use permit subject to the con-
ditions in the staff report. Bigham seconded.
Motion passed unanimously (7 -to -0 vote).
6.5 High Pointe — Cases ZA2019-063 & PP2019-064
D.R. Horton, Inc. — Minnesota has applied for a zoning amendment to change the zoning of
14.4 acres of vacant land located on the southeast corner of 65th Street South and Century
Avenue/Geneva Avenue from AG -2, Agricultural, to R-5, Medium Density Residential; and a
preliminary plat for 82 lots and associated outlots for the creation of an attached housing
multi -family townhome development.
Burbank summarized the staff report and recommended approval subject to the conditions
stipulated in the staff report.
Deb Ridgeway, D.R. Horton, 20860 Kenbridge Court, Lakeville, stated that she is here to
answer any question about the proposal.
Khambata opened the public hearing.
Planning Commission Minutes
January 27, 2020
Page 5 of 6
John Kooyman, 6749 Geneva Avenue South, asked if he could get a copy of the transportation
impact analysis study. He noted that the open space requirement is being resolved by using
the dog park area, and his calculation shows it at about three-quarters of an acre. He asked
what the dimensions of the dog park are and how to access that area. On page 12 of the staff
report, it seems to indicate that the stormwater drainage for the property will go through the
south and end up in the pond that is in the city park donated by the school district. He asked
about the pre-Oltman discharge rates, the current discharge rates, and the calculations for the
discharge rates with this development. He is concerned that eventually the water from that
pond would go through his property. Khambata noted that there are a couple infiltration ponds
and rainwater retention ponds so with these developments. He noted that there is a contin-
gency for overflow. Kooyman then asked how many trees will be left on the site after develop-
ment. Khambata noted that the developer will be required to replant trees. Kooyman asked if
there was an Environmental Assessment Worksheet required for this development. He then
stated that he does not believe the zoning change is consistent with the surrounding area,
which is very rural residential. He related the densities that he calculated densities for the sur-
rounding properties in the three cities and stated that this proposed development would not be
consistent with the existing area. He believes the proposed rezoning is very close to being spot
zoning.
No one else spoke. Knable made a motion to close the public hearing. Wright seconded.
Motion passed unanimously. Khambata closed the public hearing.
Khambata stated that since this proposed development came before the Commission as a
concept plan in 2019, the City and applicant have made concessions regarding traffic flow and
rainwater retention. He asked staff to respond to the question regarding the EAW. Meyer re-
sponded that a full traffic study and an EAW were not triggered because the number of units
was not high enough. She explained that the wetland on the northwest side drains to the north,
but the rest of the site does drain towards the south. Staff will provide the discharge rate infor-
mation that was requested. A wetland delineation report was completed and approved.
Frazier asked where the access to the dog park would be. Ridgeway explained that it will be a
private dog park just for the residents of the development and pointed out on the map where
the path would be located. She noted that the park would be about a third of an acre in size.
She then stated that not all the trees would be removed; they will save some of the trees,
particularly in the dog park area and around the wetland. Khambata asked about the trees
along Geneva Avenue. Ridgway explained that because there is a sidewalk going through
there, the trees need to be removed.
Burbank explained that the requested zoning to R-5, Medium Density Residential, is consistent
with the medium density land use designation in the 2040 comprehensive plan. The comp plan
is being reviewed by the Metropolitan Council, and when that process is completed the land
use and zoning will be in alignment as required by state statute. The City is working with the
applicant on the staging and timing related to the development. Khambata asked how often the
comp plan is updated. Burbank responded every ten years. Khambata asked staff to elaborate
on what the comp plan does in helping guide the city's development. Burbank explained about
the comprehensive plan and the update process.
Planning Commission Minutes
January 27, 2020
Page 6 of 6
Rasmussen made a motion to approve the zoning amendment and preliminary plat for
the proposed High Pointe development subject to the conditions in the staff report. Zopfi
seconded. Motion passed unanimously (7 -to -0 vote).
Approval of Planning Commission Minutes of December 16, 2019
Frazier made a motion to approve the minutes of the December 16, 2019, Planning Com-
mission meeting. Wright seconded. Motion passed unanimously (7 -to -0 vote).
Reports
8.1 Recap of January 2020 City Council Meetings
Costello introduced Ben Boike, the new Community Development Director. She then provided
a summary of actions taken at the City Council meeting on January 15, 2020.
Dennis reported that January 25 was Cottage Grove Day on the Hill where residents, Council,
and staff visited the State Capitol with our state legislators to discuss the City's legislative pri-
orities for the upcoming session. He announced that prior to the February 5 City Council meet-
ing, Mayor Bailey will provide the State of the City address. He then thanked Director Costello
for all her work with the Planning Commission.
8.2 Response to Planning Commission Inquiries
None
8.3 Planning Commission Requests
None
Adjournment
Wright made a motion to adjourn the meeting. Bigham seconded. Motion passed unan-
imously (7 -to -0 vote). The meeting was adjourned at 8:09 p.m.