HomeMy WebLinkAboutPZ Minutes; 10-10-12 City of Lake Elmo
Planning Commission Meeting
Minutes of October 10, 2012
Chairman Williams called to order the meeting of the Lake Elmo Planning Commission at
7:00 p.m.
COMMISSIONERS PRESENT: Williams, Obermueller, Haggard, Fliflet (7:03), Bloyer, and
Hall;
COMMISSIONERS ABSENT: None; and
STAFF PRESENT: Planning Director Klatt, City Planner Johnson
Approve Agenda:
M/S/P: Hall/Obermueller, motion to approve the agenda as presented; motion carried,
vote: 5‐0.
Approve Minutes:
Haggard asked to add her request to discuss Highway 5 and safety around Stillwater
High School with the Minnesota Department of Transportation as part of the minutes.
Bloyer noted that he abstained from the vote regarding the setback distance for water‐
oriented accessory structures in the Shoreland District.
M/S/P: Bloyer, Haggard to accept the minutes from the September 24, 2012 meeting
with corrections; motion carried, vote: 4‐0 (Fliflet and Hall abstained).
Public Hearing: Conditional Use Permit: Therapeutic Message at 11200 Stillwater
Boulevard
City Planner Johnson presented a report concerning a request from Aaron Koen to open
a therapeutic message business at 11200 Stillwater Boulevard. He noted that the Lake
Elmo Zoning Ordinance allows message businesses as a conditional use permit in the
City’s GB – General Business District. Johnson explained that the business would be
locating within an existing building at this address. He reviewed the criteria for the
granting of a Conditional Use Permit with the Planning Commission and explained that
the applicant would be able to meet all of the criteria.
Johnson stated that Staff recommended approval of the conditional use permit.
Lake Elmo Planning Commission Minutes; 10‐10‐12
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Lake Elmo Planning Commission Minutes; 10‐10‐12
Johnson indicated that in addition to the conditional use recommendation, Staff further
recommended that the Planning Commission consider revising the City Code to allow
message businesses as a permitted use, but then consider adopting an ordinance to
license such businesses.
Fliflet discussed that a former planner had recommended that message businesses be
regulated through a conditional use permit in order to ensure that the business
complies with all applicable City Codes and to make sure that no illegal activities are
taking place within the structure.
Johnson pointed out that licensing could provide more leverage for the City to deal with
illegal activities since the City could revoke a license. He noted that a conditional use
also runs with the property, whereas a license would apply only to a particular user.
Haggard asked if licensing would apply to Home Occupations. Klatt noted that massage
businesses would not be allowed as a Home Occupation.
Haggard questioned if there is a way to track licenses, and in particular when the
renewals are due. Johnson noted that the Clerk’s office is responsible for tracking
licenses in the City.
Fliflet asked if a condition should be added to an approval of the conditional use permit
that would require an annual review and check of current licensure. Johnson indicated
that the conditional use permit could be amended in this manner, but that an annual
review has not been required as part of past message business approvals.
There was a general discussion concerning licensing requirements and the costs
associated with a licensing program.
Aaron Koen, Owner of Renew and Recover Message Therapy, stated that the City of
Woodbury just adopted a licensing program, and that one of the requirements is a
background check of the applicant. This licensing also requires a certain amount of
training, but do not necessarily require national certification.
Bloyer asked how many hours of training he has obtained. Koen replied that he has
around 700 hours of training.
Williams opened the public hearing at 7:30 p.m. No one spoke and the public hearing
was closed at 7:31 p.m.
Williams stated that he has reviewed the website of the message certification board and
noted that 38 states accept this certification for proof of training.
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Lake Elmo Planning Commission Minutes; 10‐10‐12
M/S/P: Bloyer, Hall to recommend approval of the conditional use permit to allow a
therapeutic message business at 11200 Stillwater Boulevard; motion carried, vote: 6‐0.
Williams asked if the licensing could be set up in such a manner that the national
certification is the only requirement to allow a message business. Johnson noted that it
could be set up in this manner. There was a general discussion concerning the benefits
and drawbacks to a licensing program for message businesses.
Johnson stated that there could be other requirements associated with licensing,
including a background check, provision of insurance, and other requirements.
M/S/P: Obermueller, Bloyer to pursue a zoning text amendment to change therapeutic
message from a conditional use to a permitted use and to further direct staff to draft an
ordinance that would require licensing of message businesses. Motion carried, vote: 6‐
0.
Business Item: Design Standards Update
Johnson reported that staff is currently working on the baseline standards for a design
standards manual and that a draft will be submitted for review at the next Planning
Commission meeting.
Johnson stated that the City Council will be asked to hire Damon Farber Associates to
help the City develop theming that can be used throughout the City. He noted that one
of the primary goals of the theming work will be to incorporate design elements into
future developments that help maintain the City’s identity regardless of where new
development occurs.
Johnson indicated that Staff is also recommending that the City sponsor a public
meeting to review the proposed standards, with a focus on engaging the business
community in this process.
The Commission discussed some local examples of good and bad design that should be
considered as the design standards workbook is developed. Fliflet suggested that the
design manual include photographs and a clear depiction of good verses better design.
City Council Updates
Klatt reported that the City Council had adopted ordinance 2012‐63 reducing the
shoreland setback for water‐oriented accessory buildings to 10 feet.
Staff Updates
Klatt noted that the next Planning Commission will be October 22, 2012.
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Lake Elmo Planning Commission Minutes; 10‐10‐12
Commission Concerns
None
Adjournment at 7:58 p.m.
Respectfully submitted,
Kyle Klatt
Planning Director