Planning Commission Meeting - July 6, 2023

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Based on the context provided and the content of the meeting, here is the transcribed townhall with speaker names identified. **Note on Identification:** The meeting is a Planning Commission meeting (not a City Council meeting). **Commissioner Diana** is serving as the Chair. **Max** is a City Planner (staff) reporting to **Luke McClanahan**. **Jake Ingramson** (referenced at [29:07]) is the City Council Liaison to the Planning Commission. *** [0:02] **Chair Diana:** Oh, there we go. Call to order the July 6, 2023, Planning Commission meeting. First order of business is the Pledge of Allegiance. [0:34] **Staff Member:** I could have the roll call please. Yes. Pearson? **Commissioner Pearson:** Here. **Staff Member:** Willenbring? **Commissioner Willenbring:** Here. **Staff Member:** Campbell? **Staff Member:** Absent. McCoy? **Commissioner McCoy:** Here. **Staff Member:** Solarski? **Commissioner Solarski:** Here. **Staff Member:** Diana? **Chair Diana:** Yes. **Staff Member:** And Hagin is absent. **Chair Diana:** Thank you very much, and I assume we do have a quorum at this. Yes. Approval of the minutes from June 1st, 2023. Does anyone have any corrections or changes they want? [0:34] **Max [City Staff]:** Mr. Chair, so I did get a comment from Commissioner Hagin. She had emailed me and she did have a comment. So this is on page six of the minutes, or labeled as page six of the minutes. So her comment was in regards to 17th Street and Century Avenue. In the minutes it says 50th Street and Century Avenue, so just a minor point of distinction. So it's 50th Street on the Oakdale side, it's 17th on the Maplewood or North St. Paul's side. [1:22] **Chair Diana:** Thank you. So it's—if that's a distinction that you would like to make and just want to point that out, it makes a difference in North St. Paul. Any other suggestions? Seeing none, I ask for them to be approved as submitted or as corrected. **Commissioner:** Second. **Chair Diana:** All those in favor? **Commissioners:** Aye. **Chair Diana:** Any opposed? Thank you very much. We have no old business, so new business is a public hearing for Tracy Wagner at 2867 Hamlet Avenue North. Conditional Use Permit for a home occupation: popcorn production in a commercial kitchen. We have a report? [2:10] **Max [City Staff]:** Thank you, Chair and Commissioners. So here we have a conditional use permit for a commercial kitchen for a popcorn production facility. The location of the request is the applicant's home within one of the two garages at 2867 Hamlet Avenue North, located near the intersection of Stillwater Boulevard and Interstate 694. The purpose of the conditional use permit is for a commercial kitchen for the popcorn production, allowing the expansion of the applicant's existing popcorn business which currently operates under Minnesota cottage law. The site is zoned R1 which does allow for home occupations. [2:43] **Max [City Staff]:** For more details on the request: as previously stated, the applicant currently operates a small-scale popcorn business under Minnesota Cottage Foods law. The applicant looks to expand the operation by converting one of the two garages into a dedicated popcorn facility. The proposed popcorn facility would have the garage door removed as a part of the garage so that parking is not expected to be an issue nor vehicle storage. As a part of this expansion, the applicant would require a wholesale food producer license from the USDA, which requires the applicant to receive all relevant permissions and permits from the city in addition to meeting state and federal food safety regulations. No customer retail sales are planned to occur, and the applicant states that the delivery frequency is not expected to change from how it currently operates, which is at a relatively low level of impact. In the past, the city has approved other commercial kitchen home occupations including catering businesses. So here we can see the applicant's first submitted site plan showing the relationship of the proposed facility in relation to the second garage and home. As previously mentioned, parking is not expected to be an issue as only one garage would be converted. We can get the image screen, please? [4:36] **Chair Diana:** My apologies, that was on me. Go ahead. [4:43] **Max [City Staff]:** So as mentioned, here's the first site plan where you can see the relationship of the applicant's home as well as the proposed kitchen. And here we have a more detailed site plan of how the applicant is proposing to design the interior of the facility. Presently planned amenities include storage preparation areas, sinks, space for equipment, and a half bathroom. Conditional Use Permits are subject to certain review criteria found in the city's ordinance. Here's a summary of the review criteria that we used in our evaluation: compliance with the comprehensive plan, compatibility with the use of different uses of zoning, no nuisance effects generated, no traffic congestion or parking issues, adequately served by public services, no excessive costs incurred for public services and infrastructure, and minimal impacts to the environment. [5:43] **Max [City Staff]:** Specifically for accessory structures, it cannot have more than one external non-family employee; must occur within principle and accessory structures only (in this case, the accessory structure); no noticeable noise, vibration, excessive smoke, dust, electrical disturbance or odors, heat or glare. The hours and the intensity of the operation must be limited and on-site advertising must be limited. Overall, staff finds that the conditional use permit review criteria of the ordinance has been satisfied. As detailed in the staff report on file, staff recommends approval of the request subject to the following conditions... Let's move on to the next page, we have a bit more information on the proposal. [6:29] **Max [City Staff]:** Here we can see the applicant's proposed equipment for the facility including a popcorn maker, caramel mixer, and cheddar tumbler. The equipment, compared to other commercial kitchen equipment, is considered to be a relatively low concern and our fire chief and building official had few concerns with the proposed items. Given the importance of building and plumbing code to this proposal, we spoke with our building official to determine any safety or compliance issues. Overall, he felt that the proposal seemed relatively straightforward but did want to condition a few items. For one, in the site plan as shown in the packet, the restroom currently opens out into the kitchen. This is a food safety violation, so we are recommending a condition that the restroom have either a vestibule or open to the exterior of the building instead. Additionally, as a commercial kitchen, our building official wants to ensure that the proposal complies with plumbing code, so we are recommending a condition that the use as a commercial kitchen comply with State Plumbing code and any sewer line connections be at least 60 inches below grade and sufficiently insulated to prevent freezing. [7:15] **Max [City Staff]:** Staff recommends approval subject to the following conditions: hours of operation for the use shall be from 8 AM to 8 PM daily; the applicant shall ensure that the facility complies with State Plumbing code; any sewer line connections be 60 inches below grade and sufficiently insulated; the applicant constructs site improvements to prevent the bathroom from opening directly into the food preparation area; the applicant shall not store vehicles in the premises of this facility; and the applicant shall obtain and meet all conditions of the Minnesota Department of Agriculture wholesale food manufacturing license. As a reminder, this is a public hearing and the applicant is here in attendance. And now as staff, we're happy to answer any questions you may have. Thank you. [8:02] **Chair Diana:** Thank you. Any questions for Max from anyone on the commission? Okay, seeing none... [8:47] **Commissioner:** I did, thank you for your presentation. But I have a couple questions. So this is a home occupation. I'm assuming the product is not for consumption by the family or the neighbor; maybe you have outside folks that it is supplying to. If that's the case, what is the amount of traffic daily? Is it a weekly or monthly? That is one question. My second one would be if this gets approved and the applicant gets to sell their home, would the next buyer be entitled to the same approval that this current applicant has? Finally, if this were to be sold to anybody, what amount of traffic comes into the neighborhood? Because again, home occupation meaning you occupy the home as a residential, and we’re assuming it's not going to change the residential character of the neighborhood. So for example, let's say you have a nearby theater that's having a bonfire going on—would everybody be coming to buy this either by appointment or a come-in-and-buy in a way that may sort of take away from the way the residents live in a normal situation? [10:19] **Max [City Staff]:** Max, I'll let you address that. Yeah, thank you Commissioner. With regard to family consumption, I will defer to the applicant on that as that's not something we asked during the application process. However, as a wholesale food facility per the USDA regulation and the license they would be required, the majority of sales must be wholesale towards other businesses. We were told that the amount of vehicles that would be coming in would be quite minor as they mainly would deliver it otherwise or go to fairs and such, but we can ask the applicant that as well. They do not expect deliveries and that sort of traffic to differ much from where they are right now, as typically they are having popcorn, caramel, and cheddar products delivered to the house in relatively infrequent monthly intervals. With regard to the conditional use permit, I will ask Luke if this is correct, but I do believe that it would be tied to Paradise Popcorn LLC and the applicant. [11:52] **Luke McClanahan [Planning Manager]:** So I guess a point of distinction there—as a conditional use permit, it does run with the land. So in theory, if a subsequent owner of the property buys the property and wants to operate a popcorn production commercial kitchen, they could do so. It seems unlikely that that situation might come up, but it is a possibility. And then if I could draw one clarification from what Max said: no customer sales will occur on-site and the applicant intends to generate revenue exclusively through online and off-site sales at special events. No traffic from customers, whether the neighbors want it or not. [12:39] **Max [City Staff]:** Yeah, that was detailed in the narrative we were provided. Right now it's not a condition on the permit. If the commission feels that that would be necessary in order to keep the neighborhood functional, that is something we could potentially look into or recommend. [13:24] **Commissioner:** No, but it speaks to their intent. So does that answer your question? Yeah, but for clarification, so if the applicant were to sell, will the next buyer be able to operate the same way if they want to? **Luke McClanahan [Planning Manager]:** Yes. **Commissioner:** Okay, thank you. **Chair Diana:** Any other questions? No? Okay, I open the public hearing for the conditional use permit for home occupation popcorn production in a commercial kitchen. First off, I would say congratulations on your business expanding, I guess. And second, do you have any comments that you wish to make? [13:53] **Tracy Wagner [Applicant]:** Our current business operates at fairs and with our Cottage food law, we are only able to supply our product to the person that is purchasing it. So this wholesale manufacturing license or use of the facility would allow us to wholesale to breweries that we've established relationships with and to sell online, which would allow us to increase our customer base and continue to build relationships with the customers that we are building relationships with at these particular events. Um, yeah, so this is the next step for us to kind of grow our business rather than just having to go to events every single weekend. [14:40] **Commissioner:** I just want to comment—I just want to thank you for taking the initiative to do this because as we all know, a lot of us here have iPhones started from a garage. His home occupation—if we kill that, guess what? We will not have iPhones in our pocket, or maybe it would be more expensive and difficult to have them. So I want to thank you for that. **Tracy Wagner [Applicant]:** Yeah. **Chair Diana:** Anyone else have any questions? Unless you have anything else, thank you very much. **Tracy Wagner [Applicant]:** Oh, thank you for your time. **Chair Diana:** As part of the public hearing, I need to ask if there's any in the audience who wish to make comment on this issue. And I'll do it again: is there anyone in the audience who wishes to comment on this issue? Seeing none, I close the public hearing. Bring it back—anyone have any final comments? [15:26] **Commissioners:** No. **Chair Diana:** Then I ask for a motion. **Commissioner:** I would recommend the approval of the conditional use permit for home occupation at 2867 Hamlet Avenue North. **Commissioner:** Second. **Chair Diana:** All those in favor? **Commissioners:** Aye. **Chair Diana:** Any opposed? Thank you very much. **Tracy Wagner [Applicant]:** You're welcome. [15:54] **Chair Diana:** Next order of business is a site approval plan for Valvoline LLC oil change business at 7039 10th Street North. Luke? [15:54] **Luke McClanahan [Planning Manager]:** Yes, thank you. So yes, Valvoline is the applicant here. They are requesting approval to establish an oil change business there in Bergen Plaza. Let's see if we can bring the screen up here. So this site is just south of 10th Street, it's next to Cub Foods, KFC, Burger King, and Taco Bell. Taco Bell's to the south there. It's a 1.2-acre site that currently contains a vacant building that was formerly a daycare. The property is zoned C2 Community Commercial which allows the proposed use here. Just a little bit more request details: the plan is for Valvoline to demolish the existing site and then construct a new building. This would be a little over 2,000 square foot building for the oil change operations and they would also do some other minor vehicle maintenance services. During each shift, it's anticipated that they will employ six to seven employees. All services are to be conducted indoors and the applicant reports that 100% of materials from the oil changes is recycled. [17:25] **Luke McClanahan [Planning Manager]:** Here's a look at the site plan. There are three accesses to the site: two on the north side there and then one to the south. The way that this will work is that vehicles would queue on the west side of the building—the building is here in the center, the white rectangle—and then vehicles travel west to east. There are three service bays here and there's also a bypass lane on the south side for vehicles. There are 11 off-street parking spaces to the west here and that does meet code requirements for parking. There is an existing sidewalk on the east side of the property that the applicant will maintain or preserve, and then there is a new sidewalk on the south side that will be constructed to improve pedestrian circulation. Landscaping requirements for this site plan have been met; they include 16 new trees and the preservation of two existing trees. Shrubs and ground covering will be planted around the building. [18:13] **Luke McClanahan [Planning Manager]:** For site lighting requirements, the applicant will have to update their photometric plan. I know that wasn't included in the packet, but that plan does show that there is just one portion on the north side of the site that goes above what the ordinance allows in terms of foot candles, and that's 0.5 foot candles at the edge of the property line. So it's just a minor adjustment that the applicant will have to make. The applicant will need to work closely with the Ramsey-Washington Metro Watershed District and also the City Engineering department in terms of ensuring that storm water provisions are in compliance. The applicant will also need to work closely with the fire department to obtain approval for the location of the hydrants and the fire department connections. [18:59] **Luke McClanahan [Planning Manager]:** And here is a look at the rendering of the building. The proposed materials are mostly stone, brick, metal, and glass, and this satisfies the code requirements for exterior building materials. There is a revised trash enclosure rendering that's not shown on this image here, but it does meet code requirements for proper screening and also for having a proper roof enclosure. For signage, you can see that there's some wall signage being proposed here and there's also a freestanding sign proposed that the applicant will need to obtain building permits for. One kind of complex thing here that needs to be hammered out at the Planning Commission is the screening of rooftop utilities. By code, the rooftop equipment must be screened by materials that are comparable and compatible with that of the building. Now, exceptions to this can be made after the City's Development Review Committee, which is an internal staff committee, consults with the Planning Commission. [20:32] **Luke McClanahan [Planning Manager]:** In this instance, it's a little hard to see on the screen here, but in the top right rendering, there's some rooftop equipment there. It's not screened, but the applicant is showing that it will be painted; it'll have colors that will help it blend in with the structure as a way to... you know, again, the screening here is not practical, but this is a one way to help ensure that it blends in with the building. So from the staff's perspective, we find that the use of the colors that blend in with the rooftop is appropriate as an alternative to the rooftop screening, but the Planning Commission should determine if the proposed alternative is an acceptable solution. So I would ask you to capture your determination in your discussion. And just in closing here, staff finds that the request complies with the zoning ordinance subject to certain conditions. [22:04] **Luke McClanahan [Planning Manager]:** Staff recommends approval of the site plan subject to the following conditions: 1) execution of a development agreement; 2) the applicant obtain permits and approvals from the Watershed District; 3) the applicant obtain approval for the site civil construction plans from the City Engineer; 4) the applicant must obtain approval from the fire department for the proposed locations of the hydrants and fire department connections; and 5) the photometric plan must be revised to comply with the code requirements for site lighting. This is not a public hearing item, but the applicant is here in attendance—traveled out of state to be here—so if the commission has any questions they are here. Otherwise, I'd be happy to answer any questions. Thank you. [22:04] **Chair Diana:** Thank you. Anyone have any questions for Luke? **Commissioner:** It's not so much questions, but I just want to thank the applicant for the proposal. This is a type of clean business that we want for the city here. Obviously, it's an opportunity to create jobs and they're coming forward putting their money on the forefront to contribute to the city of Oakdale. So for me, I want to encourage them and thank you for opening up your business in this city. **Chair Diana:** Anyone else? I guess the only one question I would have had is in looking at it, I can see some of them are just vents which would not be a big issue. What are those other four? Basically larger fans, or is it actual air conditioning equipment? Perhaps that's a better question for the applicant. **Luke McClanahan [Planning Manager]:** Yeah, before I fumble on this one, I might defer to the applicant. [23:46] **Applicant Rep [Valvoline]:** You're absolutely right. They are not actual mechanical equipment; they're actually vents for exhaust fans. **Chair Diana:** Are they the fans themselves? **Applicant Rep [Valvoline]:** Correct. Excuse me, they're the fans themselves, it's the exhaust fan itself, yes. **Chair Diana:** Winter time, so you can...? **Applicant Rep [Valvoline]:** Yes, because we do all of our work in the interior, so you need those. [24:33] **Chair Diana:** The only question other than that that I've got would be just to make sure of clarification. You do know there is another applicant for an oil change service in Oakdale that's already gone through? **Applicant Rep [Valvoline]:** No, but that's fine and dandy. I just—I appreciate that, but I'm sure you guys will really be satisfied with Valvoline. This is one of their corporate stores; they're very nice, well-maintained stores. Landscaping, irrigation—they have professional services that come in and maintain everything. It's not just planted and it dies, you know? They're very particular when it comes to their sites. **Chair Diana:** Are you familiar with the site in Woodbury? **Applicant Rep [Valvoline]:** No, I am not. **Chair Diana:** Okay, then my other question wouldn't apply then. **Applicant Rep [Valvoline]:** This is in Bergen Plaza and right now that's kind of been sitting there doing nothing. So this is definitely a super improvement and I think it will help with that site to help it look better than it has. I'm sure you guys will be very pleased. They really do maintain; they don't store anything outside, they recycle all of their material. There's no 55-gallon drums sitting out or even inside; everything is pumped out into a truck and it's taken away, and those products are actually recycled also. **Chair Diana:** Any of these vents are all going to be lower than the top roof line then? **Applicant Rep [Valvoline]:** Okay, yes. **Chair Diana:** What level of repair are you doing? **Applicant Rep [Valvoline]:** Just oil changes. There's no overnights, no engine repair or anything heavy. No overnight storage. They're very stringent on that. **Chair Diana:** Yeah, if anybody's been to the one in Woodbury, it's an in and out and you're about 30 minutes, I think is what I sat there waiting for. **Applicant Rep [Valvoline]:** Well, if the doors open and you drive right in, they shoot for 15. [26:23] **Chair Diana:** Does anyone else have questions? I thank you very much. **Applicant Rep [Valvoline]:** Okay, thank you. **Chair Diana:** Any final questions for Luke? At this point, then I ask for a motion to approve. **Luke McClanahan [Planning Manager]:** Mr. Chair, just to capture the determination on the rooftop utilities if that's appropriate, if the commission can just weigh in on that and just have that for the record, please. **Chair Diana:** Okay. You answered my question on what the type of equipment was—it's simply an exhaust fan. That's about as low impact as you can get for that sort of vent. I've got no issues with it. **Commissioner:** I have no issues with it either. I'm sure it's all in compliance with the state, so I'm sure it's perfect. Works for you? **Commissioner:** Yeah. **Chair Diana:** At that, any other issues before we take a motion? Okay, can I look for a motion? **Commissioner:** Make a motion to recommend approval of the site plan for an oil change business at 7039 10th Street North. **Commissioner:** Second. **Chair Diana:** All those in favor? **Commissioners:** Aye. **Chair Diana:** Any opposed? Motion passes. I thank you very much. And the next one is the planning and development update. [27:56] **Luke McClanahan [Planning Manager]:** Yes, so I would expect at an August meeting, we are nearing having a completed draft of the Glenbrook small area plan. So I think that will be ready in August. Not sure on any new applications that might come through. Max, you have one update as well? [28:43] **Max [City Staff]:** Yeah, well this has mainly been an issue for the Environmental Management Commission. We are nearing the end of the bike and pedestrian plan planning cycle. We will be presenting a first final draft of the text at the next city council workshop and within about a month or so we're hoping to have a full put-through illustrating software package to have a nice, pretty, full, complete draft on the website. Any input during that period while we open it up for comment that the Planning Commission might have will be welcome. [29:07] **Chair Diana:** Okay, thank you. Is there anything else, gentlemen? Next is Councilmember Ingramson—if you've got anything for us? [29:07] **Councilmember Jake Ingramson:** Um, just maybe worth mentioning, one thing that did come up that we may or may not be looking at is possibly combining the Fire and Police Department expansions. Realistically, at some point with the change of our fire department from volunteer to full-time, we're probably going to need to go to one Central Station instead of a North and Central. And I know that it is according to Fire Chief Wold and Police Chief Newton, it is their desire to have those combined. So we may take a look at that; it's kind of a last-minute thing. But you know, if we think it's to the benefit of the city and our departments, we think it's worth taking a look at. So not exactly development-related, but kind of. [30:40] **Chair Diana:** Would that impact the remodel of the City Hall? **Councilmember Jake Ingramson:** The remodel of the City Hall is further out. But you know, the expansion of the police was originally docketed for right here, you know, going into Walton Park. And one of the comments that was made is if we can avoid losing parkland for the expansion, that's of huge benefit. Something we're looking at. Conversations are early, but I would anticipate we're not going to kick the can down the road too much on that. We'll assess and figure it out one way or the other as quickly as possible. [31:27] **Chair Diana:** One question I would have—I'm sure a number of citizens might—is that I know the distance from a fire station impacts insurance rates. I don't know what the distance is, so I'll just offer it to you for something you guys should look into. **Councilmember Jake Ingramson:** It would. And what I will tell you too is if that were to happen, location would be a critical factor there and it would be very centrally located versus on one end or on the other end of the city. I don't know, Luke, if you have any comments on that? **Luke McClanahan [Planning Manager]:** At this point, I don't have any updates. **Chair Diana:** Any other questions for Jake? Thank you, sir. That brings us to adjournment. **Commissioner:** Motion to adjourn. **Commissioner:** Second. **Chair Diana:** All those in favor? **Commissioners:** Aye. **Chair Diana:** Any opposed? We stand adjourned. Thank you very much. [32:17] **Luke McClanahan [Planning Manager]:** Expected in an August meeting, I think so.