HomeMy Public PortalAbout03-08-2011MEDINA
PLANNING COMMISSION AGENDA
TUESDAY, MARCH 8, 2011
7:00 P.M.
CITY HALL (2052 County Road 24)
1. Call to Order
2. Public Comments on items not on the agenda
3. Update from City Council proceedings
4. Planning Department Report
5. Approval of January 1 lth and February 8, 2011 Planning Commission
minutes.
6. Public Hearing — Ordinance Amendment — Chapter 8 of the Medina
City Code related to dog boarding and other commercial uses related
to animals
7. Commission Training: Discussion of "Land Use Basics" online
course
8. Commission Training/Open Discussion: Reviewing Site Plans;
Questions about Comprehensive Plan or Zoning Code
9. City Council Meeting Schedule
10. Adj ourn
POSTED IN CITY HALL MARCH 4, 2011
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1 CITY OF MEDINA PLANNING COMMISSION y'
2 Draft Meeting Minutes CO 'I� 3 Tuesday, January 11, 2011 In O
4
5 1. Call to Order: Commissioner Charles Nolan called the meeting to order at 7:00 p.m.
6
7 Present: Planning Commissioners Charles Nolan, Robin Reid, John Anderson, Kent
8 Williams, Beth Nielsen, and Victoria Reid (arrived at 7:16 p.m.).
9
10 Absent: Kathleen Martin
11
12 Also Present: City Planner Dusty Finke and NAC Planning Consultant Nate Sparks.
13
14 2. Public Comments on items not on the agenda
15
16 No public comments.
17
18 3. Update from City Council proceedings
19
20 Council member Weir presented a report of recent activities and decisions by the City
21 Council.
22
23 4. Planning Department Report
24
25 Finke provided an update of upcoming Planning projects.
26
27 5. Approval of December 14, 2010 Planning Commission meeting minutes
28
29 Motion by R. Reid, seconded by Nielsen, to approve the December 14, 2010
30 minutes with recommended changes. Motion carried unanimously. (Absent: Martin
31 and V. Reid)
32
33 6. Public Hearing - Holy Name of Jesus Church (PID #24-118-23-14-0011 & 24-
34 118-23-14-0006) requests a Site Plan Review and Conditional Use Permit to
35 expand their existing cemetery and construct a columbarium structure.
36
37 Finke presented the application by explaining the City approved a previous CUP for
38 an expansion in 2008 and 2009 for the cemetery. He said the applicant was proposing
39 to revise their previously approved plans. Staff recommended rescinding the previous
40 CUP approval and start over since the previous improvements were never completely
41 followed through.
42
43 Nielsen asked if the house at 52 County Road 24 was part of the previous review
44 process since she noticed it had been removed. Finke explained the demolition of the
45 home did not require approval by the Commission or Council. The removal of the
46 home only required a building permit.
f
1
2 Finke reviewed with the Commission the existing and proposed cemetery layout. He
3 provided the existing and proposed numbers related to grave site and explained the
4 new area proposed to not only have grave sites but also a columbarium structure. He
5 further explained staff recommended paving the internal roadway within the next two
6 years and the use of the church parking lot for funeral parking rather than driving
7 over to the cemetery.
8
9 Williams asked if staff had concern with people utilizing the crosswalk on County
10 Road 24. Finke stated a cross walk did exist. Nielsen asked if grass parking was an
11 option. Finke said yes. Anderson asked how far of a walk would it be from the
12 church to the cemetery. Finke explained the crosswalk was located on the west end
13 of the church and cemetery and it was approximately a half mile round-trip.
14
15 Finke said the Police Department recommended traffic control when larger events
16 occurred.
17
18 Finke reviewed the existing and proposed trees, landscaping and screening within the
19 cemetery. He said the applicant proposed a variety of deciduous and coniferous trees.
20
21 Williams asked if some of the existing pine trees were being removed. Finke
22 confirmed they were being removed, but transplanted within the site in a better
23 location.
24
25 Finke explained the applicant would be required to install stormwater improvements
26 consistent with SWPP requirements.
27
28 Weir said she didn't see where the high water table was on the plans to determine the
29 depth of the grave sites with the water table. Finke explained the high water table
30 was at 995, which would impact the grave sites shown on the site plan below the
31 1001 contour.
32
33 Nielsen asked if the new expansion area had a higher density than the existing area in
34 the cemetery. Finke said 850 burial sites existed currently and a little less than 1200
35 new burial sites were being proposed. Nolan asked what information staff had across
36 the region of appropriate density for cemeteries. Finke stated he did not have that
37 type of information. but could provide at another meeting. He also noted the
38 applicants architect was present and could possibly speak to that question.
39
40 R. Reid asked if the City had a maximum number of burials sites within a cemetery.
41 Finke said no.
42
43 V. Reid asked if staff had heard from the property owner farthest to the east. Finke
44 explained public hearing notices were sent out and staff had not heard anything from
45 the property owner to the east, nearest the cemetery.
46
2
1 Nolan asked how staff determined the distance people would have to walk to get from
2 the church to cemetery. Finke explained he measured it linearly.
3
4 Dan Garry, applicant and Church Administrator resides at 2920 Brockton Lane,
5 Plymouth. Garry explained the church parking lot currently is used for funerals and
6 approximately 95% of the people attending the funeral stay at the church for lunch,
7 while close family members go to the cemetery site for the burial.
8
9 Garry said it was very infrequent that the cemetery had a large number of people
10 wanting to drive their vehicles to park at the cemetery, but would be willing to pave
11 the internal road if recommended as part of their application approval.
12
13 Nolan asked where the cemetery was at with its capacity of existing grave sites.
14 Garry said there were approximately a handful unsold. He said they typically have
15 20-30 burials per year with current death rates. He said they were hoping to provide
16 options to those grieving with the new proposed layout.
17
18 Nielsen asked if they would encourage filling up the existing cemetery area prior to
19 going to the new section. Garry said they would encourage filling the existing area
20 first, though he anticipated if they provided more alternatives within the cemetery,
21 some people that have already purchased burial sites may choose cremation, which
22 would free up additional burial sites within the existing cemetery area.
23
24 Williams asked how many burials occurred each year to nonmembers. Garry said
25 typically five and under. He said they didn't sell to nonmembers, but the nonmember
26 burials were people that were members at one point.
27
28 Bill Sanders, landscape architect for applicant, described the existing cemetery area
29 and new design. He said the new area has a substantial amount of space not proposed
30 to be used and feels it's very comparable. He said the niches are new.
31
32 Nolan asked if the proposed grave site dimensions were standard. Sanders explained
33 the areas between grave sites would be grass, since the site was small. Williams
34 asked if there were standards for distance between grave sites. He said if the site was
35 larger they probably would have another access aisle down the middle of the new
36 section of graves. Sanders said 3'-1/2" x 10' or 4' x10' was standard. Nielsen asked
37 the size of the proposed sites. Sanders said they were 3'-1/2" x 10.' Williams asked
38 if he had designed cemeteries more dense than the proposed design. Sanders said
39 Holy Name had greater setbacks/open space around the perimeter of the grave sites
40 than most cemeteries.
41
42 Nielsen asked if the grave sites were side by side. Sanders said yes. He further
43 explained that grave sites in the past were closer together, since sites were typically
44 sold in larger volume to families, but currently the trend is getting away from selling
45 in blocks. Nolan said he was surprised the cemetery didn't have landscaping, other
3
1 than trees. Sanders said sometimes a cemetery holds out on filling all empty spaces
2 so families can plant a tree in the cemetery as part of their memorial.
3
4 Nielsen asked if the new area would have flush ground stones. Sanders said they
5 would be flush to the ground.
6
7 Weir asked about the water table. Sanders said they are working with the Engineers
8 on design.
9
10 Weir asked what would be done with the spoil from digging the graves. Garry said
11 they would either grade it on the site or haul it off. He said they tend to import dirt
12 rather than get rid of dirt. Weir said she just wanted to know what happened to the
13 dirt after digging out a grave site and Garry said he could verify what happens.
14 Sanders said they would continue to work with the Engineer on the water table and
15 those grave sites impacted.
16
17 Garry stated he felt the parking was sufficient. Nolan asked about the garage on the
18 site and what they planned on doing with it. Garry said the garage was approximately
19 eight years old and they would store the equipment they needed to maintain the
20 cemetery. He added that they would need to modify the water and electricity to
21 proposed area.
22
23 Nolan asked about traffic control with larger events and how it would be handled. He
24 said he would like to have more detail on what triggered a larger event.
25
26 Finke explained traffic control would be handled from the police department or police
27 reserves. He said a general requirement is not uncommon.
28
29 Public Hearing was opened at 8:02 p.m.
30
31 Public Hearing closed at 8:03 p.m.
32
33 Density — Nielsen said she had concern with the proposed density. Finke asked for
34 clarification on the density concern. Nolan said the grave sites were at grade, but he
35 would like to see some vegetated relief. He said most of the nicer cemeteries had
36 overstory trees. He said the issue of the water table is also a concern of his. He said
37 he notices a lot of hardcover with no relief in the center. Nielsen agreed with Nolan.
38 Anderson said the site was lovely and it would be nice to retain it as much as
39 possible. R. Reid agreed with Nolan but would like to see some designated areas
40 where there were more trees.
41
42 Stormwater/wetland — R. Reid said she felt comfortable with it since the applicant
43 was willing to work on issues. Nolan said over time nothing would be permanently
44 waterproof. He asked Weir if the Council would prefer the Commission to deal with
45 it prior to going to the Council. Weir asked Finke if the applicant could go to the
46 Council meeting prepared. Weir said the applicant would need to resolve the issue
4
1 with location of grave sites and water table prior to going to the Council. Finke
2 explained that would be possible.
3
4 Nolan thinks the applicant should deal with the grave sites by moving them out of the
5 water table area rather than looking at waterproof vaults. He said he was skeptical of
6 anything other than moving the sites out of the water table. Nielsen asked if there
7 was a requirement to notify future purchasers of grave sites within a water table.
8 Garry said he wasn't aware of any.
9
10 Condition #9 — The Commission agreed the roadway width should be 20 feet.
11 Nielsen asked why the roadway should be signed one-way. Finke explained if the
12 roadway was two-way and the width of the roadway reduced from 20' to 16', it could
13 create confusion and traffic conflicts.
14
15 Condition #14 - Williams would like to see parking expanded. V. Reid said she
16 didn't feel additional parking was necessary. Nolan asked where the expansion of the
17 western road was located. Finke explained and also added that language to the
18 development agreement would better clarify requirements if the City deemed it
19 necessary sometime in the future. Anderson asked why staff wanted to pave the road.
20 Finke said gravel surfaces tend to run-off into the wetlands and then eventually would
21 go into Holy Name Lake. He further added that even though the City does have some
22 graveled roadways, generally paving is required throughout the City.
23
24 Williams asked for clarification of proof -of -parking. Finke explained it's a method of
25 identifying parking locations on the site without installing them. The exercise is to
26 show that the required parking would be possible to install, but not required to be
27 installed unless needed at a later date. It was recommended to modify language in
28 second sentence by deleting "may" and replace with "retains the right to."
29
30 Condition #16 - Landscaping and screening — Nolan said he would like to see a few
31 grave sites pulled out to design more of a park -like setting in the center of the
32 proposed area. Nielsen asked if benches were being proposed for the new area.
33 Sanders said there would be benches installed around the columbarium. Garry asked
34 if the Commission would consider a gathering space with benches rather than trees in
35 the center. The Commission concluded they would like to see two to three additional
36 trees placed in the center of the cemetery area.
37
38 Condition #17 - The Commission recommended changing the condition to require all
39 burial vaults to be out of the water table.
40
41
42
43 Motion by R. Reid, seconded by Anderson, to recommend approval of the
44 Conditional Use Permit and Site Plan Review with recommended changes. Motion
45 carried unanimously. (Absent: Martin)
46
5
1 Motion by Anderson, seconded by Nielsen, to rescind the previous CUP. Motion
2 carried unanimously. (Absent: Martin)
3
4 7. Public Hearing — JJC Hamel LLC (PID #11-118-23-41-0001) at 805 Hamel Road
5 requests a Preliminary Plat and a 10 foot Variance to the 60 foot right-of-way
6 requirements of the Subdivision ordinance to subdivide the property from one
7 lot into three.
8
9 Sparks presented the application and explained the three lots met all minimum lot size
10 and width requirements to subdivide. He explained the right-of-way was a sufficient
11 width for Hamel Road, though a ten foot variance was being sought for reduction
12 from the 60 foot requirement. He further reviewed the water, sewer, grading,
13 drainage and rain garden for the lots. He also explained the modifications to the
14 grading could impact the trees on -site and reviewed the recommended conditions.
15
16 R. Reid asked for clarification of how the rules for granting variances had changed.
17 Williams said the City could grant a variance if the property couldn't be put to use.
18 Finke explained the application before them was a variance from the City's
19 Subdivision ordinance, so the same standard didn't apply as it would for a variance to
20 the zoning ordinance. Williams clarified with Finke that the reasonable use didn't
21 apply. Finke explained it's a different standard for reasonableness and uniqueness.
22 Williams asked what criteria the Commission had to follow to grant a variance under
23 the Subdivision ordinance. Finke reviewed the criteria with the Commission.
24
25 Nolan asked applicant Joe Cavanaugh if he had anything to add to the discussion and
26 application request. Cavanaugh said he had nothing further to provide.
27
28 Public Hearing was opened at 8:57 p.m.
29
30 Karen Fobes, 845 Hamel Road, voiced concern with all the driveways and homes
31 adding additional hardcover and increased density. Removal of the trees and how
32 they currently screen was also a concern. She said they have issues with drainage and
33 water sitting a portion of the year, and felt with the added hardcover, the areas would
34 be wet even more months out of the year.
35
36 Sally Proels, 865 Hamel Road, said she and her family had concern with the proposed
37 additional homes, because she thought people would trespass. She said they would
38 prefer to keep it the way it is now. Williams asked if she minded the additional
39 homes. She said she did have concerns with the three homes, but didn't mind the one
40 home as it is now. Nolan asked what she meant about trespassing. She said kids
41 would encroach on their father's farm and take away from his privacy.
42
43 Public Hearing closed at 9:02 p.m.
44
45 Williams reviewed the subdivision criteria to grant a variance and had the following
46 comments:
6
}
1
2 . (a) Williams didn't see a hardship
3 (b) Finke explained the right-of-way and roadway along Pinto was unique to the City
4 and therefore was a hardship
5 (c) A question of grading and drainage concerns was discussed. Sparks explained the
6 applicant was revising the plans to make improvements.
7 (d) Ok
8
9 Finke said the strict interpretation was up against the density requirements of the
10 Comprehensive Plan. Finke said it wasn't unique and it was a matter of sorting it
11 through with the Commissions decision.
12
13 Cavanaugh asked what a reasonable amount of right-of-way was needed.
14
15 R. Reid asked if a Comprehensive Plan Amendment was required for every property,
16 and asked if exceptions could be made. Sparks said findings would have to be written
17 to not amend the Comprehensive Plan. He said in his opinion he did not see that a
18 Comprehensive Plan Amendment was necessary and findings could be created. Finke
19 explained to the Commission the Comprehensive Plan trumps the Zoning Ordinance.
20
21 Grading and Drainage — R. Reid asked if the rain garden would resolve the drainage
22 concerns. Anderson said he is extremely sensitive to the run-off in the area and staff
23 would have to work really hard to convince him that substantial improvements were
24 being made to resolve his concerns. Sparks explained the City Engineers comments.
25
26 Nolan said he is a little troubled by not seeing a plan with more details relating to tree
27 preservation and grading. He said he was troubled with reviewing the unresolved
28 issues and then forwarding it to the Council. Sparks explained the applicant would
29 have to resolve the issues prior to going to the Council. He can see there is a lot of
30 risk if the grading and rain garden weren't properly engineered. Anderson agreed
31 with Nolan's concerns.
32
33 R. Reid asked if the Commission should be reviewing the design of the homes under
34 the Preliminary Plat. Finke explained on small subdivisions, it is not expected or
35 asked of an applicant.
36
37 Cavanaugh said the engineer reports noted retaining most of the water run-off to be
38 contained on -site.
39
40 Nolan suggested tabling the application. Anderson said he would support the motion,
41 but would like to be educated on the Variance request through the Subdivision
42 Ordinance. Nolan asked if the applicant could provide a narrative explaining the
43 reasons why the project meets the variance criteria. Cavanaugh said it was City staff
44 that suggested the Variance, since the additional right-of-way wasn't needed.
45 Williams said it is the applicant's burden, and they have to show how they meet the
46 Variance criteria.
7
t
1
2 Weir said she would be interested to know if hardcover would be reduced if the two
3 proposed driveways off Pinto Drive would instead share one driveway. Weir showed
4 the applicant her rough design.
5
6 Cavanaugh said Pinto Drive dead ended and the usage wouldn't get any more intense.
7 He said staff is the one that suggested he apply for the Variance. Nolan suggested the
8 applicant get someone to help him with creating a response as to why his property
9 should be granted the Variance.
10
11 Finke asked if the Commission was really concerned with granting the Variance, or if
12 they had concern with the number of homes. He further explained that the property
13 could be rezoned to an R2 zoning district, which would increase the density.
14
15 V. Reid asked to see a zoning map and land use map to review the surrounding lots
16 with the subject parcel. Finke provided maps to Commission and discussed subject
17 parcel and surrounding parcels. Cavanaugh said his application allowed for greater
18 separation than what could be allowed on the property.
19
20 Williams said the property may meet the required Variance criteria, but he didn't see
21 it. Nolan said he felt the property met the test for granting a variance, yet had
22 concerns with the grading. R. Reid said she would prefer to only see two homes, but
23 realizes the rules allow three homes. Anderson and Nielsen said they were
24 undecided.
25
26 The Commission requested the applicant provide a narrative explaining how the
27 property meets the Variance test and provide more details on the grading, drainage,
28 and tree preservation.
29
30 Motion by Anderson, seconded by R. Reid, to table the Preliminary Plat and
31 Variance application to a later date. Motion carried unanimously. (Absent: Martin)
32
33
34 8. Public Hearing — U.S. Home Corporation "Lennar" (PID #12-118-23-43-0002)
35 requests a Rezoning from PUD2 to R2 for the northern portion of the
36 Nolan/Holasek property.
37
38 Nolan recused himself from the application since he was part of the land use
39 application.
40
41 Sparks presented the application and explained the reason for the applicant's request
42 and how the application was required in order for the "Enclave" project to be able to
43 continue to move forward. He said staff was in support of the lot split assuming the
44 rezoning was approved. He further explained that staff wasn't suggesting the
45 applicant pay park dedication at this time, knowing the property would be developed
46 at a future date and could be collected at that time. It was being recommended that a
8
1 ten foot roadway easement be obtained along Hunter Drive for upcoming road
2 improvements. He further informed the Commission that the City Engineer
3 recommended additional easements which could be discussed.
4
5 Sparks also made note of the legal description on the drawing provided by the
6 applicant was incorrect and a revised plan would be required prior to their application
7 going to the City Council.
8
9 R. Reid asked the applicant if they would like to make a presentation on behalf of
10 their application. Carole Toohey, Land Development Manager for Lennar
11 Corporation, said they had no additional comments.
12
13 V. Reid asked if it was mentioned that typical wetland buffer easements should be
14 recommended. Sparks said that was a recommendation of the City Engineer at
15 maximum, and the Planning staff said at minimum they were recommending drainage
16 and utility easements along Hunter Drive for upcoming reconstruction of roadway.
17 Sparks informed the Commission they had some discretion. He explained the other
18 easements were conditioned upon development at further a date.
19
20 Public Hearing was opened at 9:51 p.m.
21
22 Public Hearing closed at 9:51 p.m.
23
24 Finke explained it was well within the City's right to take all standard easements and
25 over wetlands on both the northern piece and the southern piece. He said the
26 easements could be taken and then would more than likely have to turn around and
27 vacate them during time of development.
28
29 Williams asked if the Park Commission should review the application now to
30 determine deferring of Park Dedication. Finke stated they will take it under
31 advisement. Anderson said the project does impact the Park Commission and it
32 should be brought to their attention
33
34 Weir asked in recommendation 2 — no development recommended at this time for
35 either development. Sparks clarified that neither of the properties had zoning
36 approval prior to the southern property having any development rights.
37
38 Motion by V. Reid, seconded by Nielsen, to recommend approval of the Rezoning
39 from PUD2 to R2 for the northern portion of the Nolan/Holasek property, and lot split
40 with the easements needed along Hunter Drive. Motion carried unanimously.
41 (Absent: Martin and Nolan)
42
43
44
45 9. Election of 2011 Planning Commission Chair
46
9
1 Motion by Williams, seconded by Anderson, to recommend Nolan as 2011 Planning
2 Commission Chair. Motion carried unanimously. (Absent: Martin)
3
4 10. Election of 2011 Planning Commission Vice Chair
5
6 Motion by Williams, seconded by Nolan, to recommend R. Reid as 2011 Planning
7 Commission Vice Chair. Motion carried unanimously. (Absent: Martin)
8
9 11. City Council Meeting Schedule
10
11 January 18, 2011 - Anderson
12 February 1, 2011 - Nolan / standby - Nielsen
13
14 12. Adjourn
15
16 Motion by R. Reid, seconded by Nielsen, to adjourn the meeting at 10:03 p.m.
17 Motion carried unanimously. (Absent: Martin)
10
1 CITY OF MEDINA PLANNING COMMISSION
2 Draft Meeting Minutes
3 Tuesday, February 8, 2011
4
5
6 1. Call to Order: A quorum of the Planning Commission was not present at 7:00 p.m.
7 for this optional Training Session, and the meeting was not called to order.
8
9
10 Present: Planning Commissioner Robin Reid
11
12 Absent: Planning Commissioners Charles Nolan, John Anderson, Kent Williams,
13 Beth Nielsen, Victoria Reid, and Kathleen Martin
14
15 Also Present: City Planner Dusty Finke
16
17
18 2. Adiourn
19 Those present left at 7:18 p.m. without a quorum being established or the meeting being
20 called to order.
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MEMORANDUM
TO: Mayor Crosby and Members of the City Council
FROM: Dusty Finke, City Planner; through City Administrator Adams
DATE: February 24, 2011
SUBJ: Planning Department Updates for March 1, 2011 City Council Meeting
Ordinance Updates
A) Driveway setback regulations — during the review of the Lennar project, staff has noted an
inconsistency between the 5 -foot setback in the R-2 zoning district, and the requirement that
driveways be set back 10 feet from property lines. The Planning Commission recommended
that staff consider amendments to the driveway setback requirement.
B) Stormwater/LID Ordinance and Parking Regulations — Planning staff has been working
with Engineering on this project. Staff believes this ordinance should be the next priority
with regards to ordinance updates, any „l a'--r=-ns t�r e the re t1 tio�_�ne +the Plate-__
Land Use Application Reviews
A) Enclave of Medina Subdivision — 3212 Hunter Drive — The Lennar application has been
reviewed by the Planning Commission and by the City Council at the November 8 meeting
and again at the February 15 meeting. The updated plans will be presented at the March 1
meeting and the Council will discuss some of the outstanding financial issues as well.
B) Holy Name Cemetery — The applicant has requested approval of Site Plan and CUP to
extend the cemetery onto the property to the east. The Planning Commission held a Public
Hearing at their January 11 meeting and recommended approval, but asked for a number of
changes to the plan. The City Council will discuss the project at the March 1 meeting.
C) Puptown Text Amendment and CUP — 800 Tower Drive — Jill and Tom Kingstedt wish to
purchase this property and operate a dog boarding and animal day care. In order to allow
this, they have requested an amendment to the City's zoning ordinance to add it as a
conditional use in the Commercial -General (CG) zoning district. They have also requested
approval of a CUP if the City adopts the text amendment. A Public Hearing on the text
amendment is tentatively planned for the March 8 Planning Commission meeting.
D) J. Cavanaugh Plat — 805 Hamel Road — Joe Cavanaugh has requested subdivision of his
property into three single-family lots at the southwest corner of Hamel Road and Pinto
Drive. Staff has conducted a preliminary review and determined the application is
incomplete, and the applicant recently submitted additional information. The Planning
Commission tabled the Public Hearing at their January 11, requesting more information
related to drainage and stormwater management.
E) Marx Conservation Design Subdivision — 2700 and 2900 Parkview Drive — Wally Marx
has requested review of a CD-PUD Concept Plan for a subdivision which would allow a
density bonus and flexibility to lot size and setback requirements and place a portion of their
property into Conservation Easements. Staff has conducted a preliminary review and
determined the application is incomplete. Staff will schedule the request for a Public
Hearing with the Planning Commission when it is complete for review.
Planning Department Update Page 1 of 2 March 1, 2011
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F) Pemtom Stage I and Concept Plan — NE of Highway 55 and Arrowhead — Pemtom Land
Company has applied for concept plan review and a Stage I Mixed Use Plan for a proposed
residential development on the Jubert and Cavanaugh parcels north of Highway 55 between
CR116 and Arrowhead Dr. Staff is conducting a preliminary review and if the information
is complete, it will be scheduled for a Public Hearing at the Planning Commission.
G) Wolsfers/Ringer Comp Plan Amendment and Rezoning — 1525 and 1700 Deerhill Road —
The City Council approved a Comprehensive Plan amendment at the December 21 meeting
and the Met Council has now approved. The Council adopted the CPA and rezoning
ordinance for one of the properties on February 15, but approval for the other owner was
contingent on them combining their two lots into one, which has not yet occurred. Staff
awaits an application for a lot combination before acting on the CPA and rezoning for that
property.
H) Holasek/Nolan Lot Split — Hunter Drive (north) — The City Council adopted a resolution
and ordinance at the February 1 meeting. Staff is working with the Applicant to complete
all of the documents which were required as conditions of approval in order to finalize the
lot split.
I) Fortuna Farms Plat — 1425 Tamarack Drive — the Council approved the preliminary plat
resolution on November 22, 2010. Staff will await an application for final plat.
J) Hunter Ridge Farm Plat— 1382 Hunter Drive — the Council approved the preliminary plat
resolution on October 19th. Staff will await an application for final plat.
K) Wrangler's Restaurant — 32 Hamel Road — the Council approved resolutions at the July 21
meeting. Staff has been in contact with the applicant regarding recording of the plat and
requirements for submitting building permits. The City Council granted until March 10,
2011 for the applicant to final the plat.
Additional Projects
A) Housing Policy — The City Council held a preliminary discussion on the matter at the
February 1 meeting, and staff is researching the additional items requested by the Council.
Staff intends to provide more information at a meeting in April.
B) Park Dedication Procedures — staff has began working on a more formal procedure which
describes how the City will calculate Park Dedication requirements, how to react to
disagreements on market values (on which the Park fees are based), and other subjects.
C) Stormwater Utility parcel research — staff researched parcels which contain shared
driveways as directed by the City Council in November 2010 upon a request by a property
owner. Staff provided this information to Finance who will brief the Council on any
changes to the stormwater utility charges for these parcels.
D) Zoning Enforcement (Hamel Station tree removal) — the City Council approved the
agreement with the developer related to the remediation of the violations of the tree
preservation ordinance and the shoreland overlay district. The applicant reported that
plantings have been installed, and staff attempted to complete a site inspection. The
plantings on -site differed significantly from the remediation plan. Staff continues to await a
list of actual plantings in order to review to see if the substitutions were acceptable. If the
list is not delivered, staff will conduct an inspection in the spring.
Planning Department Update
Page 2 of 2 March 1, 2011
City Council Meeting
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ucaior
ssociation of,Minnesota Counties
ue of Minnesota Cities.
Minnesota Association of TO1A/11Sill
evelopment Organization
General Information 1
Core Programs
Basics of Planning & Zoning 2
Beyond the Basics 2
Your Role as Planning Commission Member 3
Advanced Zoning for Professional Planners 3
Special Focus Programs
So You Want (or Need) to Rewrite Your Zoning Ordinance? 4
Strategies for Expanding Your Tax Base 4
Stormwater Management 101 5
Managing New & Existing Shoreland Development 5
Land Use Decisions in Southeastern Minnesota 6
Building Enduring Communities 6
Home Occupations: A Growing Concern 7
Regulating Urban & Suburban Agriculture 7
Faculty Information 8-10
Workshop Sites 11
Registration 12-13
This program exceeded my expectations
and then some! I plan to attend other
GTS workshops in the future and would
encourage other local government
representatives to do so as well
Bill Langenbacher
Silver Creek Township,
Planning & Zoning Planner
educational events
— Knowledge to Action —
GTS is a non-profit organization dedicated to helping those who provide services to
Minnesota citizens and communities meet current needs for knowledge and skills,
plus anticipate and prepare for changes to come. We have worked with policymakers,
staff and appointed officials from all levels of government and all types of nonprofit
agencies —and their collaborators in associations, business, higher education and
community groups —since 1976.
We know it's not business as usual. In fact, much of government is re -looking at current
practices, re-evaluating priorities, and exploring ways to streamline service delivery. Our
advisory committee believes this is an excellent time to address future issues in land use
planning as well, and these workshops are the perfect resource for this effort. Explore
new ways of doing things. Gain information, tools and resources to put needed practices
in place so that you're ready to move ahead when opportunities present themselves.
We know budgets are tighter than ever, and we all need to make every dollar count.
This year's series includes more half -day workshops and additional locations to make
programs more convenient and affordable:
• Check out offerings in Arden Hills, Bloomington, Brainerd, Little Falls, Northfield,
St. Cloud, St. Paul and Shoreview.
• Support from the Minnesota Department of Natural Resources reduces the
registration fee for several workshops.
• A partnership with APA Minnesota enables GTS to present a program for professional
planners which offers AICP CM credits.
Finally, we can bring programs to you! We invite you to work with your neighboring
communities to hold a workshop in your area designed to cover your selected topics.
Options include current offerings as well as Basic Traffic Impacts on Land Use,
Comprehensive Planning, Spotlight on Subdivisions, and Site Planning Basics for Non -
Design Professionals, which are not part of this year's series. Contact Carol Schoeneck
(cschoeneck@mngts.org or 651-222-7409 x205) to discuss your options.
PROGRAM FEATURES
• Accomplished faculty with extensive backgrounds in both planning and instruction
• Focus on current issues and timely information
• Practical content designed by a committee of planning experts and local officials
• Opportunities for in-depth study and hands-on application
• Extensive handouts and reference materials assembled to make your job easier
CORE & SPECIAL FOCUS PROGRAMS
Core Programs cover basic issues related to all cities, counties and townships regardless
of size or location. As they have been designed to build upon each other, participants are
encouraged to attend them in sequence.
Special Focus Programs cover specific topics of interest to jurisdictions addressing
particular situations or issues.
All program content is continually revised and updated.
WHO SHOULD ATTEND?
Members of planning commissions, boards of adjustment and appeals, and governing
bodies in Minnesota cities, counties and townships. Also valuable for members of
other advisory commissions, housing and redevelopment authorities, staff, real estate
professionals, and others working in areas related to specialized workshop topics.
Workshops targeted to individuals with certain levels of experience/expertise are so
noted to help you determine which course(s) are best for you!
VISIT WWW.MNGTS.ORG FOR ADDITIONAL INFORMATION AND UPDATES
1
of Pa.
9`
FACULTY: Richard Thompson and Eric Hedtke
This workshop covers the nuts & bolts of planning, zoning & subdivision regulation. Participants learn
how planning and zoning is developed and where they fit into the process. How do the different
"players" maximize their impact? Among topics to be addressed are:
• The history, how the system has gotten to where it is today, the authority and limits to planning
and zoning
• The basic land use and zoning tools: comprehensive plans, zoning and subdivision ordinances,
amendments, permits, enforcement
• Legal basics: avoiding litigation, what is "due process," what is a taking, conducting public
hearings, making findings of fact, and understanding the 60 -day rule
• Who participates in the planning & zoning process; YOUR role, responsibilities and opportunities
• Hands-on simulations of actual planning and zoning dilemmas
• Hot issues, answers to your questions
Audience: Designed for those new to land use planning or interested in a review of the fundamentals.
Wednesday, March 9 - St. Cloud
Thursday, April 7 - Bloomington
9:00 AM - 4:30 PM (check -in 8:30 am)
Registration Fee $125/person
Beyond The Basics of P
9 ST
FACULTY: Phil Carlson and Desyl Peterson
Participants learn how planning and zoning tools are used to deal with a wide variety of develop-
ment issues, and obtain an in-depth review of the planning process. This workshop covers:
• A quick review of planning history, comprehensive planning, and zoning tools
• Innovative ways to guide land use and development, from PUDs and performance zoning to
design guidelines and "cutting edge" applications
• Sustainability — what it is and how to apply sustainable principles to planning and zoning
• The environmental review process — EAWs, EISs, and AUARs: tools to expedite careful review
of complex projects
• Detailed discussion of zoning tools to handle various development issues
• The planning process in depth —from proper legal notice to development of findings of fact
• Legal issues in more depth: How to implement the comprehensive plan in zoning and subdivi-
sion ordinances? What to require for variances? When to grant conditional uses? When to use
interim use permits? How to treat nonconforming uses? When to require easements?
• Case studies —actual urban, suburban and rural situations!
• Answers to your questions on community zoning issues
Audience: For those who have a solid general knowledge of the planning process (1-2 years on
Council, Board or Zoning/Planning commission) or who have attended "The Basics."
Tuesday, April 19 - St. Cloud
9:00 AM - 4:30 PM (check -in 8:30 AM)
Registration Fee: $125/person
2
You
5 PI ntli
mber
FACULTY: John Shardlow
As a Planning Commission member, you contribute hours of unpaid time to your community. Have
you discovered that serving in this capacity is a bit more challenging than anticipated? This workshop
will focus on what you need to know to be successful in this important position. You'll learn practical
tips that can make the difference between results and regrets. Topics include:
• Keeping the "Big Picture" in mind
• Setting significant (but realistic) Commission goals
• Preparing an annual work program
• Changing non-productive patterns of work
• Forging healthy relationships with elected officials and staff (Plus...what to do if those
relationships are unhealthy!)
• Ways to facilitate public participation in the planning process
• Effective tools & techniques (planning report models and findings of fact designed to
complement one another, primer on parliamentary procedure)
• Handling controversial issues
Audience: For members of City, County, Township Planning Commissions; also valuable for members
of Boards of Adjustment and Appeals and other advisory commissions.
Tuesday, March 22 - St. Paul - 8:30 AM - 12:30 PM (check -in 8:00 AM)
Thursday, June 30 - Little Falls - 1:00 — 5:00 PM (check -in 12:30 PM)
Registration Fee: $60/person
Zc) ng for 5S e1 -s
Co -sponsored by APA Minnesota; Application for AICP CM credits in process.
FACULTY: John Shardow and Joel Jamnik
Designed in response to demand for in-depth offerings for practitioners, this training workshop
updates and expands the highly evaluated program offered in 2010. Participants will:
• Benefit from a rapid-fire review of the fundamental principles and key legal issues.
• Receive an update on variances (including the Krummenacher case and pending legislative
amendment), conditional use permits & interim use permits
• Gain an in-depth understanding of the importance and specifics of an effective and complete
public record
• Learn how to both prepare and enforce development agreements, with special emphasis on
dealing with defaults, stalled projects and successor developers
• Explore ways to conduct more effective community participation (e.g., visual preference surveys,
using new technology while maintaining a legal foundation for decision making)
• Review what's involved in developing better tools such as form -based and performance based
codes, code amendments to minimize discretionary permits
• Hear the latest on key recent court cases that affect local planning and results to date of the
legislative session
• New feature: This program will include a section titled Your Hot Topics which will cover
content and questions identified as priorities on a survey to be completed ahead of time by
registrants.
Audience: Planning professionals serving in staff or consultant positions; targeted to those with at
least two years of professional planning experience.
Thursday, April 7 - St. Paul
8:30 AM - 12:30 PM (check -in 8:00 AM)
Registration Fee: $60/person
3
1
r Need) to RewefeY
r4i.nance?
FACULTY: Jean Coleman, Suzanne Rhees, Carolyn Braun and land use attorney to
be determined
Zoning ordinance rewrites can be overwhelming, and frankly scary. Zoning is the most powerful
tool that local governments have for implementing their land use vision and comprehensive plan.
Comprehensive plan updates often trigger zoning changes to meet consistency requirements. Join
us for a clarifying and calming journey through the ordinance rewrite process. Whether your city
is considering a zoning rewrite for reasons of consistency or because you recognize your code has
grown old and outdated, this workshop is for you. Topics include:
• How do you tell if your zoning ordinance is out-of-date? What are common problems and
solutions?
• Who are your zoning code 'customers' and how can you serve them?
• Should you consider a comprehensive rewrite or a targeted partial update? Should you consider
combining other municipal regulations into a unified development code?
• What is the process and who can help? How can the public be involved? How should public
officials be involved? From diagnosis to outline to draft — how long will it take?
• How can you phase the project from zoning text to map? What is the code adoption process
and how do staff adjust to the new code reality?
The half -day workshop will include opportunities for interaction and group discussion, as well as an
expert panel to address your community's specific zoning issues on the spot. Special topics to be
discussed will include sign controls, site plan review process and standards, design- and form -based
approaches, and other new trends in the zoning field.
Audience: Elected officials, appointed planning commissioners and members of boards of
adjustment, as well as planners and zoning administrators.
Tuesday, April 12 - Little Falls
1:00 — 5:00 PM (check -in 12:30 PM)
Registration Fee: $60/person
Yo f T
NEVI
FACULTY: Tony Schertler, Bob Streetar and Jay Demma
This half -day workshop features practitioners from the public and private sectors providing a concise
presentation of economic development fundamentals and sharing proven tools and strategies. In
addition, participants will:
• Gain an understanding of the inter -relationship between land use planning and economic
development
• Learn how to use marketing research to guide local economic development programs
• Become familiar with current economic development resources (including a summary handout)
• Leave the session with a template for the preparation of a Five -Year Economic Development Plan
and a process for preparing, adopting and implementing such a plan in their community.
Audience: Elected officials, appointed planning commissioners and members of boards of adjustment,
as well as planners and zoning administrators.
Thursday, June 2 - Little Falls
1:00 — 5:00 PM (check -in 12:30 PM)
Registration Fee: $60/person
4
Two half -day programs are offered back-to-back on the same day; choose one or both! Content
is different in Brainerd and Shoreview locations. Note special registration options.
St�rmt�at�r �z���r �r��'tt�1 for Loci #��
Presented in cooperation with Northland NEMO and Minnesota DNR
Wednesday, March 30 - Brainerd — For Developing Communities
Using Plans, Practices & Policies to Meet a Community's Clean Water Goals
While Accommodating Growth
FACULTY: John Bilotta, Eleanor Burkett, Jackie Froemming, Laurel Mezner, Karen Terry
and Julie Westerlund
This workshop will focus on the connection between land use, stormwater and the impact to water
resources in the community. It will feature the Northland NEMO Linking Land Use to Water Quality
Presentation, the Watershed Game interactive simulation, information on the Impaired Waters program
and the role of local units of government, plus "Who's Who" in Stormwater Management in Minnesota.
Friday, April 1 - Shoreview — For Redeveloping Highly Urban Communities
Retrofitting Stormwater Best Management Practices (BMPs)
FACULTY: John Bilotta, Jim Hafner, Shane Missaghi and Jay Riggs
This workshop will review the link between land use, stormwater, and the impact to water resources in
the community. Presentations will focus on: (1) the opportunities for stormwater management avail-
able to communities during redevelopment, (2) the use of best practices in ultra -urban or highly imper-
vious communities, and (3) the need for proper maintenance of stormwater infrastructure and systems.
Audience: Elected officials, appointed planning commissioners and members of boards of adjustment,
as well as planners and zoning administrators.
Mornings- 8:30 AM - 12:30 PM (check -in 8:00 AM) - Special Registration Fee: $40/person
CID
Shotel4n eveloprn
Presented in cooperation with the Minnesota Department of Natural Resources
CORE FACULTY: Paul Radomski and Sharon Pfeifer
Learn about new planning and zoning issues in shoreland areas as well as the options and tools local
governments can use to increase efficiencies while protecting important resources. Topics include:
flexibilities drafted by the DNR that can be used today, innovations implemented by local governments,
how to use land cover classifications, addressing shoreline buffers, reducing staff time for addressing
shoreland development conflicts, putting new tools to use — local examples.
Wednesday, March 30 - Brainerd - Country Emphasis (particularly beneficial for county officials and
others interested in advancing their shoreland ordinance) Additional Faculty: Chris Pence and
John Sumption
Friday, April 1 - Shoreview - Urban Emphasis (particularly beneficial for city officials who wish to
use the flexibility of the draft state shoreland standards) Additional Faculty: Breanne Rothstein
and Jeff Schoenbauer
Audience: Elected officials, appointed planning commissioners and members of boards of adjustment,
as well as planners and zoning administrators.
Afternoons - 1:00 — 5:00 PM (check -in 12:30 PM) - Special Registration Fee: $40/person
Scholarships available from Initiative Foundation and USDA for
Micropolitan units of government. (See p. 12)
Package Rate for morning and afternoon workshops plus lunch: $75
5
Land Use Decisions in Southeastern Minnesota:
Living and Growing in an Area of Special Natural Resources
Presented in cooperation with the Minnesota Department of Natural Resources (ZED
FACULTY: Sharon Pfeifer, Jean Coleman and local government officials
Southeastern Minnesota is a special place, in part due to its unique geology and unglaciated past.
This portion of the state contains karst bedrock and sink holes, blufflands and steep ravines, and
many plant and animal species in need of conservation. This workshop addresses how consideration
and incorporation of knowledge about these sensitive features in southeastern Minnesota can guide
land use planning and project implementation efforts and add protection and value to communities in
this part of the state.
The workshop provides an array of local speakers on topics such as the region's unique natural
landscapes; land use trends; land use and watershed health; urban and rural examples of how to use
natural habitats to help control storm water runoff, erosion, and water pollution for a more secure
future.
Audience: Elected officials, appointed planning commissioners and members of boards of
adjustment, as well as planners and zoning administrators.
Friday, April 15 — Northfield
9:00 AM - 4:00 PM (check -in 8:30 AM)
Special Registration Fee: $75/person
Faculty: Phil Carlson, Sharon Pfeifer, Suzanne Rhees, Brian Ross,
Barb Senness and John Uban
CEID
Don't miss this practical workshop designed to take the mystery out of sustainability and help you
take steps to translate your community's goals into action. Attendees will:
• Be introduced to a common sense explanation of what "sustainability" is
• Explore why it's important to local government — especially in today's economy
• Learn how today's local government decisions affect tomorrow's local government costs
• Discover the range of current sustainability efforts and programs in Minnesota communities
and in various agencies, with real examples of what your community could do to be more
sustainable
• Have the opportunity to participate in two facilitated small group discussions designed to focus
on systems in more depth. Options include: water, energy, economic development, land, food,
and health & well-being.
Audience: Elected officials, appointed planning commissioners, members of boards of adjustment
and other advisory commissions. Also a valuable foundation for practitioners.
Thursday, May 19 — St. Paul
8:30 AM - 12:30 PM (check -in 8:00 AM)
Registration Fee: $60/person
6
Two half -day programs are offered back-to-back on the same day; choose one or both.
Note special registration option.
Horne
U 4 t S A Growl
FACULTY: Richard Thompson and Eric Hedtke
A number of converging trends (e -commerce, baby -boomers taking up permanent residence
in lake cabins, layoffs) have led to an increase in home -based businesses —and an upsurge in
problems facing local governments. This workshop outlines the challenges and ways to address
them through presentations, case studies and interactive examples. Participants will learn:
• The legal and historical basis for home occupations
• What constitutes a home occupation & what does not; relationship to commercial/industrial uses
• Potential problems —traffic, noise, odors, safety, environmental issues, signs
• How to create a firm and fair home occupation provision of a zoning ordinance; difficulties in
administration
• Relationship to nuisance law
Audience: Elected officials, appointed planning commissioners and members of boards of adjustment,
as well as planners and zoning administrators.
Wednesday, May 25 — Arden Hills
8:30 AM - 12:30 PM (check -in 8:00 AM)
Registration Fee: $60/person
A 110
CED
FACULTY: Suzanne Rhees, Robert Patton and additional specialists
Urban agriculture, from backyard livestock to community gardens, processing facilities and farmers'
markets, is one of the most exciting and controversial new trends in community development.
Local food production is connected to the broader issues of public health, land protection, local
entrepreneurship and environmental justice. At the same time, planning commissioners and staff
may puzzle over how to regulate poultry, beehives, compost operations, semi -permanent structures
such as hoop houses, and product sales. Meanwhile, agriculture in suburban areas faces similar
issues of land use compatibility and intensity (example: "agri-tainment" operations). This session
will explore policies and regulatory techniques that can support local food production without
compromising community livability.
Audience: Elected officials, appointed planning commissioners and other city or county staff, and
urban agriculture advocates.
Wednesday, May 25 — Arden Hills
1:00 — 5:00 PM (check -in 12:45 PM)
Registration Fee: $60/person
Package Rate for morning and afternoon workshops plus lunch: $125
7
John Bilotta is an Extension Educator in Water Resources with the University of
Minnesota and Minnesota Sea Grant. His primary role is leading the Nonpoint Education
for Municipal Officials (NEMO) Program providing local elected and appointed leaders with
the knowledge and science about Minnesota's water resources that supports informed
decisions. John has 12+ years experience in Extension Education at the U of M and 8
years in other public and private capacities in soil and water resource management.
Carolyn Braun is Planning Director for the City of Anoka, Minnesota. She is past
President of the Minnesota Chapter of the American Planning Association. She has written
articles for the Planning Commissioners Journal and other publications, and consults with
local governments on zoning issues.
Phil Carlson has consulted on planning issues for 30+ years with the firm of Bonestroo.
In addition to writing zoning ordinances for numerous communities, he wrote the design
guidelines for Burnsville's Heart of the City development, West St. Paul's Robert Street
corridor and Mankato's Urban Design Framework.
Jean Coleman, attorney and planner with CR Planning, Inc., has worked with local
governments for 20+ years as a policy advocate and zoning consultant —currently focusing
on community -based planning and innovative implementation techniques. Areas of
expertise also include using GIS-based natural resource information in comprehensive
planning, diverse tools for natural resource protection, public participation/conflict
resolution techniques for developing policies and ordinances.
Jay Demma, Senior Planner, directs the real estate market research operations for
Bonestroo. He has over 15 years experience in real estate market research, having
held various staff and executive positions at leading market research firms in the Twin
Cities and Philadelphia before joining Bonestroo in 2006. Jay has worked on hundreds of
assignments throughout the United States, providing market expertise on virtually all land
use types, especially housing, commercial/mixed-use and urban redevelopment.
Eric Hedtke has represented and advised Minnesota cities, counties and townships on
land use matters for 11 years. Currently an attorney with the Minnesota Association of
Townships, his legal career has focused on local government as a city and town attorney
and on behalf of the Minnesota Counties Insurance Trust.
Joel Jamnik is a partner with the law firm of Campbell Knutson. He currently serves
as City Attorney for Braham, Burnsville, Farmington, Lindstrom, Long Lake, Monticello,
Mora, North St. Paul and Woodland, and as Assistant City Attorney for the firm's other city
clients. Prior to joining Campbell Knutson, he was employed by the League of Minnesota
Cities. He is a graduate of William Mitchell College of Law and St. Cloud State University.
Robert Patton, AICP, is an urban and regional planner with 31 years experience in
Minnesota and Washington State. He supervises a unit in the Minnesota Department
of Agriculture that works on land use and environmental issues, including farmland
preservation and urban/rural land -use conflict, and serves on the steering committee
of the Minneapolis Urban Agriculture Policy Plan. He is also executive director of the
Minnesota Environmental Quality Board.
8
Desyl Peterson, Minnetonka City Attorney since 1984, was designated a GTS Master
Trainer in 2007 and regularly provides training to elected & appointed officials on
municipal matters. She is currently a member of the League of MN Cities Insurance Trust
Board of Directors.
Sharon Pfeifer is Community Assistance Manager for DNR's 23 -county Central Region.
She holds a doctorate in ecology, a masters degree in environmental policy, and is a two-
time recipient of the American Association for the Advancement of Science Diplomacy
Fellowship and 2005 Bush Foundation Leadership Fellow. Sharon and her Community
Assistance staff focus on assisting local governments in DNR's Central Region with the
integration of natural resources information and green infrastructure into local plans,
policies, and practices in order to conserve or improve the condition of natural habitats
and water quality.
Paul Radomski, a research scientist with the MN DNR, has worked over 20 years on
issues such as water level regulation, fish harvest quota management, sport fishing
regulations and shoreline alteration/development. He was the science advisor for
Minnesota's Alternative Shoreland Management Standards project.
Suzanne Rhees, a planner in the Minnesota DNR Division of Parks and Trails, has 25
years of experience in community/neighborhood planning and zoning with emphasis
on innovative land use regulations and code reform. She has written or revised zoning
ordinances for cities, counties and regional and state agencies, including portions of the
Minnesota guidebook, Model Ordinances for Sustainable Development, and the APA's
Planning and Urban Design Standards. Previous positions include Senior Urban Designer
with Cuningham Group Architecture
Brian Ross, co-founder of CR Planning, has worked with many communities on
sustainable development natural resource policies, programs and regulations, including
shoreland ordinances. He was primary author of the State of Minnesota's guidebook
on sustainable development practices, From Policy to Reality: Mode/ Ordinances for
Sustainable Development and a major contributor to the State's guide to comprehensive
planning, Under Construction.
Tony Schertler, Senior Vice President at Springsted Inc, currently serves as financial
advisor for communities large and small throughout the Upper Midwest. He was
previously on the staff of the City of St. Paul's Department of Planning and Economic
Development. He is an attorney with an extensive background in land use and real estate
development and is currently responsible for creating incentive programs in those areas.
Barb Senness has been Plymouth City Planning Manager for more than 15 years. Prior
to that she spent 16 years in various positions at the Metropolitan Council, including local
planning assistance and comprehensive planning. She has also worked with Improve
494 (a transportation management organization), the City of Minneapolis, the University
of Minensota Planning Office and as a private consultant. Barb is a past president of the
Sensible Land Use Coalition.
continued...
9
John Shardlow is a principal with Bonestroo consulting planners and landscape
architects. During his extensive years of professional practice, he has assisted 100+
cities and counties in preparing and implementing their comp plans, zoning ordinances,
subdivision regulations.
Bob Streetar is Community Development Director for the City of Oakdale, and previously
held a similar position in Columbia Heights. He teaches economic development
fundamentals as an adjunct professor at Minnesota State University — Mankato, and is
currently working on his PhD at Hamline University, focusing on economic development.
Richard Thompson's background includes a wide range of positions in the field of land
use planning. He has been St. Croix County (WI) planning director, a sector representative,
manager of comprehensive plan reviews at the Metropolitan Council, and with TKDA
Consulting Engineers, Architects and Planners. At TKDA, he served as town and city
planner for various jurisdictions, handling all local planning needs. He currently serves as
a consultant at the Metropolitan Council.
John Uban, Principal with Bonestroo, has 30+ years experience in planning and design
projects in the Upper Midwest, and has been lead planner for numerous residential
subdivisions on behalf of major developers and builders in the Twin Cities area.
For Stormwater and Shoreland Workshops
Eleanor Burkett, Extension Educator, Water Resources, University of Minnesota Extension
Jackie Froemming, Extension Education —Crow Wing County, Water Resources,
University of Minnesota Extension
Jim Hafner, Stormwater Manager, City of Blaine
Laurel Mezner, Watershed Unit Supervisor, Minnesota Pollution Control Agency —Brainerd
Office
Shane Missaghi, Extension Educator, Water Resources, University of Minnesota Extension
Chris Pence, Land Services Supervisor, Crow Wing County
Jay Riggs, District Manager, Washington Conservation District
Breanne Rothstein, AICP, Senior City Planner, City of Minnetrista
Jeff Schoenbauer, Senior Principal and Co -Founder, Schoenbauer Consulting
John Sumption, Principal, Sumption Environmental
Karen Terry, Extension Educator, Water Resources, University of Minnesota Extension
Julie Westerlund, Clean Water Consultant, Minnesota Department of Natural Resources
James Wisker, Planner, Program Coordinator, Minnehaha Creek Watershed District
10
All workshop sites are accessible to persons with disabilities and have
convenient parking for participants.
Arden Hills — 651-792-7800
City Hall
1245 West Highway 96
Bloomington — 952-563-8700
Civic Center
1800 West Old Shakopee Road
Brainerd — 218-824-1125 (Environmental Services Dept.)
Crow Wing County Land Services Building
322 Laurel Street
Little Falls — 320-632-9255
Initiative Foundation Community Room
405 First Street SE
Northfield — 507-664-3700
Northfield Community Resource Center
1651 Jefferson Parkway
Shoreview — 651-490-4700
Community Center
4580 Victoria Street North
St. Cloud — 320-253-0606
Best Western Kelly Inn
100 4th Avenue South
St. Paul — 651-209-6400
Minnesota Counties Intergovernmental Trust (MCIT)
100 Empire Drive
For information about overnight options at all sites, contact GTS by
email (cschoeneck@mngts.org) or phone (651-222-7409 x205)
Dick Kobusse
Plymouth
Planning Commission Member
Lots of good questions were
posed, and best of all the
speakers provided some
really great answers!
11
On-line registration available at www.mngts.org
This is the preferred method of registration. Click on the Land Use logo to
access the site — then click on the registration link.
If you cannot register online, fill out the form on the facing page and return it
at least seven days prior to the date of the first workshop you are attending to:
GTS Educational Events
2233 University Avenue W., Suite 150
St. Paul, MN 55114
(If you have selected the"bill me" or credit card payment options,
you can fax your registration form to: 651-223-5307.)
Fill out one form per person. Because registration is limited in most sites,
we encourage early registration to guarantee your spot on your preferred date!
FEES
Registration fees include handout materials and refreshment breaks. Lunch is provided
during full -day programs and the full day package option of two half day programs.
CANCELLATION
Fees will be refunded less a $20 service fee if the registration is cancelled four working days
before the program. You may substitute another individual for the same workshop at any time
if you find you cannot attend. Should weather necessitate program cancellation, notification
will be posted on the WCCO websites: www.wcco.com and www.830wcco.com
Registration Questions?
Contact: Catherine Dubbe
cdubbe@mngts.org
651-222-7409 ext. 200 - or -
Minnesota Toll Free: 800-569-6880
Program Questions?
Contact: Carol Schoeneck
cschoeneck@mngts.org
651-222-7409 ext. 205 - or -
Minnesota Toll Free: 800-569-6880
Special Note about Stormwater Management and
Shoreland Development Workshops (page 5)
A limited number of scholarships for the March 30 Brainerd presentation of these
two workshops (morning, afternoon or both) are available to representatives
of the six Micropolitan local units of government (Fairview Township, Nisswa,
Lakeshore, East Gull Lake, Crow Wing County & Cass County) as a result of
grants from the Initiative Foundation and the USDA Rural Development Fund.
Contact Nicky Larson (218.894.3233) before registering to determine
availability and the application/registration process.
First Name
Last Name
e -Mail Address (REQUIRED)
Title
Jurisdiction
Daytime Phone ( )
Street Address
City State Zip
Program Options: (Check all that apply.)
Basics of Planning & Zoning — $125
❑ Wednesday, March 9 - St. Cloud
❑ Thursday, April 7 - Bloomington
Beyond the Basics — $125
o Tuesday, April 19 - St. Cloud
Your Role as Planning Commission Member — $60
❑ Tuesday, March 22 - St. Paul
❑ Thursday, June 30 - Little Falls
Advanced Zoning for Professional Planners — $60
O Thursday, April 7 - St. Paul
So You Want to Rewrite Your Zoning Ordinance — $60
❑ Tuesday, April 12 - Little Falls
Strategies for Expanding Your Tax Base — $60
❑ Thursday, June 2 - Little Falls
Land Use Decisions in Southeastern Minnesota — $75
❑ Friday, April 15 - Northfield
Building Enduring Communities — $60
❑ Thursday, May 19 - St. Paul
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MEMORANDUM
TO:
FROM:
DATE:
MEETING:
SUBJ:
Planning Commission
Dale Cooney, Management Intern; through Dusty Finke, City Planner
March 3, 2011
March 8, 2011 Planning Commission
Thomas and Jillene Kingstedt — Request for a text amendment to the City
Zoning Code related to dog boarding and other commercial uses related to
animals in the Commercial -General zoning district.
Review Deadline
Original Application Received: February 7, 2011
Complete Application Received: February 7, 2011
60 -day Review Deadline: April 8, 2011
Overview of Request
Thomas and Jillene Kingstedt have requested text amendments to the City's Zoning Code. This
request accompanies their application for a conditional use permit within the Commercial -
General (CG) district to own and operate a dog daycare, grooming and boarding facility at 810
Tower Drive. A distinguishing feature of this proposed facility is a 13,000 square foot outdoor
animal play area. An aerial photograph of the property is included as an attachment to this staff
report. The CUP will be reviewed at a future meeting following consideration of the text
amendment.
Existing Code for Commercial General (CG) District
The existing code for the CG district does not specifically allow commercial animal day care or
boarding facilities within the district. The CG district does allow, as a conditional use, both pet
stores and veterinarian clinics. Section 838.5.08 of the City Code outlines the additional
requirements for such uses as follows:
Subd. 14. Pet Stores or Veterinarian Clinics
(a) Shall not be located within 200 feet of a residential zoning district.
(b) Animals may not be kenneled outside. However, an outdoor area not to exceed
2,000 square feet may be utilized by the animals. The outdoor area must be well
maintained and animal waste must be picked up. The City may apply necessary
conditions to limit the impact of the outdoor area on neighboring properties, including
but not limited to: fencing and screening, hours of use, number of animals permitted
outdoors at one time, and other factors.
(c) The site and building plans shall be designed in a way to reduce noise. This shall
include floor plan layout, ventilation plans, and window and door locations.
(d) The site plan shall identO, provisions for proper storage and disposal of hazardous
materials, medical waste, and animal waste.
Regulations for Commercial Animal Uses
Page 1 of 3 March 8, 2011
Zoning Ordinance Amendment Planning Commission Meeting
1
Several other zoning districts include similar conditional use language for pet stores and
veterinarian clinics including the Commercial Highway, Commercial Highway -Railroad,
Commercial Neighborhood, and the Mixed Use Commercial
Only the Business zoning district allows as a conditional use "retail or service uses which
include the keeping of animals on -site such as pet stores, veterinarian clinics, animal day cares,
commercial kennels and similar uses." That conditional use language is quoted below:
Subd. 21. Retail and Service uses related to animals
(a) Shall not be located within 200 feet of a residential zoning district.
(b) Animals may not be kenneled outside. However, an outdoor area not to exceed
2,000 square feet may be utilized by the animals. The outdoor area must be well
maintained and animal waste must be picked up at least daily. The City may apply
necessary conditions to limit the impact of the outdoor area on neighboring properties,
including but not limited to: fencing and screening, hours of use, number of animals
permitted outdoors at one time, and other factors.
(c) An indoor exercise area shall be required if the 2,000 square feet of outdoor area is
not sufficient for the planned use according to responsible animal care guidelines.
(d) The site and building plans shall be designed in a way to reduce noise and odors.
This shall include floor plan layout, ventilation plans, and window and door locations.
(e) Floor and wall building materials in areas frequented by animals shall be non-
porous.
(f The site plan shall identify provisions for proper storage and disposal of hazardous
materials, medical waste, deceased animals, and animal waste.
Overall, the two ordinances are quite similar. The primary difference between the two can be
found in Section c ("An indoor exercise area shall be required if the 2,000 square feet of outdoor
area is not sufficient") and Section e ("Floor and wall building materials in areas frequented by
animals shall be non -porous.")
Proposed Amendment: Animal Daycare and Boarding in CG District as Conditional Use
The first question for the Commission to consider is whether animal daycare and boarding
facilities should be included as a conditional use within the CG district. The applicant has
requested to add the specific use ("Animal Day/Overnight Boarding") to the list of conditional
uses. Staff reviewed the meeting minutes (and our memory as well) of discussions of the
commercial and business zoning districts in an attempt to recall if "animal day cares, commercial
kennels and similar uses" were purposefully added to the Business District and omitted from the
other districts, or if this was a result of a change in terminology. Staff's impression is the latter,
and generally believes that if such uses are permissible, with certain restrictions, in the Business
District, there is some sense to allowing them in the CG district and possibly some of the other
commercial districts as well.
Standards for Commercial Uses Related to Animals
In addition to adding "Animal Day/Overnight Boarding" as a conditional use in the CG district,
the applicant has proposed CUP standards which are similar to existing regulations for Pet
Regulations for Commercial Animal Uses
Page 2 of 3 March 8, 2011
Zoning Ordinance Amendment Planning Commission Meeting
Stores, Vet Clinics, and other commercial uses related to animals. The primary difference
proposed by the applicant relates to the size of outdoor area allowed. Current City regulations
limit the size of the outdoor area to 2,000 square feet and the applicant proposes to increase this
significantly to 15,000 square feet.
The 2,000 square foot maximum outdoor area for pet stores and vet clinics was amended during
the review of the commercial zoning districts approximately two years ago. Previously, the
maximum had been 5,000 square feet. The City Council's intention appeared to be to limit the
number of animals outside at any one time by limiting the size of the play area. The primary
concern of an intensive use of the outdoor space is the noise which may impact neighboring
property owners. The expectation within the commercial and business districts is that most
activities will occur within buildings. The outdoor play area deviates from this expectation, and
therefore has the potential to impact neighbors. However, staff feels that limiting the size of the
play area itself may not be the best way to prevent against potential nuisance, and that a more
direct means of regulating the outdoor area might be more effective. Such restrictions might
include restrictions on the number of dogs allowed outside at any one time, or a restriction on the
ratio of dogs to employees outside at any one time.
No specific metric regulating the number of dogs allowed in an outdoor play area is proposed as
part of the conditional use requirements. Instead, staff proposes broad language that allows the
city to limit the use of the outdoor area based on the specific proposal.
In addition to the changes with regards to the outside area, staff has prepared a proposed text
amendment as an attachment to this report that attempts to address the potential adverse impacts
from commercial uses related to animals as outlined above. This ordinance begins with the
applicant's proposed changes and makes a number of other changes which staff thought may be
helpful after visiting a number of dog daycare and boarding facilities with outdoor "play space."
Attachments
1. Proposed amendment from applicant
2. Proposed ordinance prepared by Staff
3. Aerial photograph of potential site (810 Tower Drive)
Regulations for Commercial Animal Uses Page 3 of 3 March 8, 2011
Zoning Ordinance Amendment Planning Commission Meeting
ATTACHMENT 1: Information from Applicant;
Proposed Ordinance Amendment (2 pages)
Proposed Amendment for Zoning Code related to property at 810 Tower Drive
Conditional Use Section ... ... Conditional Uses. The following shall be permitted uses within
the
(xx) Animal Day/Overnight Boarding
Subd. xx. Animal Day/Overnight Boarding
(a) Shall not be located within 200 feet of a residential zoning district.
(b) Animals may not be kenneled outside. However, up to 15,000 square feet of the outdoor
area may be used by the animals. The outdoor area must be well maintained and animal waste
must be picked up. The City may apply necessary conditions to limit the impact of the outdoor
area on neighboring properties, including but not limited to: fencing and screening, hours of
use, number of animals permitted outdoors at one time, and other factors.
(c) An indoor exercise area shall be required if the outdoor area is not sufficient for the planned
use according to responsible animal care guidelines.
(d) The site and building plans shall be designed in a way to reduce noise. This shall include
floor plan layout, ventilation plans, and window and door locations.
(e) The site plan shall identify provisions for proper storage and disposal of trash and animal
waste.
Current Related Zoning Codes
Medina City Code 831. Zoning — Urban Commercial District
Subd. 3. Design and Development Standards — Conditional Uses:
(c)Animal Hospital (Veterinary Clinic) —
(1) Shall not be located within 100 feet of a residential district.
(2) No outside space shall be used for kenneling animals; however, up to 5,000 square feet of
the outdoor area may be used by the animals provided it is designated on the site plan and
found to be acceptable by the City.
(3) The plan for ventilation, location of windows, doors, and loading docks shall be designed to
reduce noise and potential for noise violations.
(4) There shall be no outdoor storage of trash, trash container, or debris of any kind.
(5) Provision for storage of hazardous materials and medical waste must be included in the
building and be identified on the plans.
Medina City Code 832. Zoning — Business Park and Business Districts
Section 832.1.03. (BP) Conditional Uses.
(4) Animal Hospital (veterinary)
Subd. 21. Retail and Service uses related to animals
(a) Shall not be located within 200 feet of a residential zoning district.
(b) Animals may not be kenneled outside. However, an outdoor area not to exceed 2,000
square feet may be utilized by the animals. The outdoor area must be well maintained and
5��
animal waste must be picked up at least daily. The City may apply necessary conditions to limit
the impact of the outdoor area on neighboring properties, including but not limited to: fencing
and screening, hours of use, number of animals permitted outdoors at one time, and other
factors.
(c) An indoor exercise area shall be required if the 2,000 square feet of outdoor area is
not sufficient for the planned use according to responsible animal care guidelines.
(d) The site and building plans shall be designed in a way to reduce noise and odors.
This shall include floor plan layout, ventilation plans, and window and door locations.
(e) Floor and wall building materials in areas frequented by animals shall be non -porous.
(f) The site plan shall identify provisions for proper storage and disposal of hazardous
materials, medical waste, deceased animals, and animal waste.
Medina City Code 833. Zoning — Industrial Park District
Section 833.03. Conditional Uses.
(6) Animal Hospital (veterinary)
Subd. 3. Design and development standards — conditional uses:
(f) Animal Hospital (Veterinary Clinic) —
(1) Shall not be located within 500 feet of an existing or proposed residential zone.
(2) No outside space shall be used for kenneling animals.
(3) The plan for ventilation, location of windows, doors, and loading docks shall be designed to
reduce noise and potential for noise violations.
(4) There shall be no outdoor storage of trash, trash container or debris of any kind.
(5) Provision for storage of hazardous materials and medical waste must be included in the
building and be identified on the plans.
Conditional Use Section 838.3.03. (CG) Conditional Uses. The following shall be permitted uses
within the CG district, subject to conditional use permit approval, the specific requirements
established in Section 838.5.08, and other applicable provisions of the city code:
(8) Pet Stores
(10) Veterinarian Clinics
Subd. 14. Pet Stores or Veterinarian Clinics
(a) Shall not be located within 200 feet of a residential zoning district.
(b) Animals may not be kenneled outside. However, an outdoor area not to exceed
2,000 square feet may be utilized by the animals. The outdoor area must be well
maintained and animal waste must be picked up. The City may apply necessary
conditions to limit the impact of the outdoor area on neighboring properties,
including but not limited to: fencing and screening, hours of use, number of
animals permitted outdoors at one time, and other factors.
(c) The site and building plans shall be designed in a way to reduce noise. This shall
include floor plan layout, ventilation plans, and window and door locations.
(d) The site plan shall identify provisions for proper storage and disposal of hazardous
materials, medical waste, and animal waste.
ATTACHMENT 2: Ordinance Prepared by
Staff (3 pages)
CITY OF MEDINA
ORDINANCE NO. XXX
An Ordinance Amending Section 838 of the Code of Ordinances
Regarding Retail and Service Uses Related to Animals
The city council of the city of Medina ordains as follows:
SECTION I: Medina Code Section 838.3.03 is amended by deleting the stricken material and
adding the underlined material as follows:
SECTION 838.3 — COMMERCIAL -GENERAL (CG) DISTRICT
Section 838.3.03. (CG) Conditional Uses. The following shall be permitted uses within the CG
district, subject to conditional use permit approval, the specific requirements established in
Section 838.5.08, and other applicable provisions of the city code:
(8) Pet Stores Retail and service uses which include the keeping of animals on -site such as pet
stores, veterinarian clinics, animal day cares, animal boarding, commercial kennels and
similar uses.
(9) Warehousing, Wholesaling, or Distributors more than 10,000 but less than 20,000 square
feet.
(10) Veterinarian Clinics
SECTION II: Medina Code Section 838.5.08 is amended by deleting the stricken material and
adding the underlined material as follows:
Section 838.5.08. Supplemental Requirements for Specific Uses within Commercial Zoning
Districts. In addition to the general standards specified for conditional uses in section 825.39 of
the City Code and other requirements of this ordinance, the following uses shall not be permitted
unless the city council determines that all of the specific standards contained in this subdivision
will be met:
Subd. 14. Pct Stores er Vetoinariu„ Clinics Retail and Service Uses Related to
Animals
(a) Shall not be located on a property within 200 feet of a residential zoning district.
(b) Impervious, washable materials shall be required for floor finishes and wall finishes
below a height of 24 inches in all areas where animals will commonly be located.
Materials may include sealed concrete or masonry. ceramic tile, or others
approved by the City.
(c) Sufficient space shall be required within the principal structure to accommodate all
boarding and exercise activities, if applicable. The size and design of this space
Ordinance No. ###
DATE
shall be appropriate for the planned use according to responsible animal care
,guidelines.
(b) Animals may not be kenneled outside. However, an outdoor area not to exceed 2,000
Square feet may be utilized by the animals. The outdoor area must be well
conditions to limit the impact of the outdoor area on neighboring properties,
including but not limited to: fencing and screening, hours of use, number of
animals permitted outdoors at one time, and other factors.
(d) The City may permit an outdoor area to be utilized by the animals for exercise and
play subject to the following limitations:
(i) Sufficient space shall exist within the principal structure to fully
accommodate the animals, including exercise activities. regardless of the
potential for an outdoor area to be utilized by the animals.
ii The outdoor area shall be enclosed within an opaque, sturdy fence of a height
and design sufficient to keep the animals confined. The fence shall be
designed to complement the principal structure and the City may require
landscaping along the fence where appropriate, The fenced area shall abide
by the minimum yard setbacks required for structures.
(iii) The outdoor area may not be utilized between the hours of 9:00 p.m. and
8:00 a.m., with the exception of one animal at a time or animals who are
leashed.
(iv) The outdoor area shall be located a minimum of 500 feet from any
residential zoning district.
(v) The outdoor area must be well maintained and animal waste must be picked
(vi) A noise mitigation plan shall be required and approved by the City which
describes the specific measures which will be implemented to minimize the
impact of the outdoor area on neighboring properties. The City may apply
necessary conditions including but not limited to: size and location of
outdoor area, number of animals permitted outdoors at one time. further
limitations on hours of use, and other factors.
(OW The site and building plans shall be designed in a way to reduce noise. This shall
include floor plan layout, ventilation plans, and window and door locations. The
City may require improvements to be installed to reduce the impact on
neighboring properties or tenant spaces.
(d)(0 The site plan shall identify provisions for proper storage and disposal of hazardous
materials, medical waste, and animal waste.
Ordinance No.
DATE
O
�c
9 C
2
1
SECTION III: The ordinance shall be effective upon its adoption and publication.
Adopted by the city council of the city of Medina this day of , 2011.
T.M. Crosby, Jr., Mayor
ATTEST:
Chad M. Adams, City Administrator -Clerk
Published in the South Crow River News this XXth day of , 2011.
Ordinance No.
DATE
3