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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 V C 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. /7y) 11 On mG tin m" -}p /1(g /7'7° 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 0;6)14 =6 �a r�� nC City Council Me fug cJl�� able is -4-e► er Pa ?9 (91,F/rd Mposs,) t/ 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. 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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 Stormwater Management 101 for Local Leaders — $40 ❑ Wednesday, March 30 - Brainerd ❑ Friday, April 1 - Shoreview Managing New & Existing Shoreland Development — $40 ❑ Wednesday, March 30 - Brainerd ❑ Friday, April 1 - Shoreview -or- Attend both sessions above for special price, plus lunch — $75 O Wednesday, March 30 - Brainerd O Friday, April 1 - Shoreview Home Occupations: A Growing Concern — $60 ❑ Wednesday, May 25 - Arden Hills Regulating Urban and Suburban Agriculture — $60 ❑ Wednesday, May 25 - Arden Hills -or- Attend both sessions with lunch — $125 ❑ Wednesday, May 25 - Arden Hills Payment Options: 0 Check # in the amount of $ (payable to GTS Educational Events). ❑ Please email invoice to this address: If payment is not received by the end of the workshop series, you will be re -billed with a $20 service fee added to amount due. ❑ Credit Card - circle one: VISA MasterCard Discover AmEx Card# 3 -digit Security Code Exp. Date: E-mail address (REQUIRED FOR RECEIPT): Cardholder Name Billing Address Special Needs: Please call Carol Schoeneck 651-222-7409 ext. 205 with any special needs. 13 GTS Educati onal E vents 2233 University Avenue W ., Suite 150 St. Paul, MN 55114 www.mngts.org Return Service Requested FIRST CLASS U.S. Postage PAI D Permit No. 3137 St. Paul, MN For updates plus information on other workshops and conferences, visit our website at www.mngts.org 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