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HomeMy WebLinkAboutPZ Packet 11-23-09 ` AXE City of Lake Elio jL EL N10 3500 Laverne Avenue North Lake Elmo, Minnesota 55042 (651)777-5510 Fax: (651) 777-9615 WwwlakeElmo.Orq NOTICE OF r0E,*__"T1NG The City of Lake Elmo Planning Commission will conduct a meeting on Monday, November 23, 2009, at 7:00 p.m. AGENDA 1. Pledge of Allegiance 2. Approve Agenda 3. Approve Minutes a. October 26, 2009—to be distributed 4. Public Hearings a. VARIANCE: Consideration of an application to allow construction of a house addition 7 and one-half feet into the required 30 foot front yard setback as required in the R-1 zoning district at 11140 20m Street Court North; PID: 24-029-21-33-0009. b. CONDITIONAL USE PERMIT AMENDMENT, CONDITIONAL USE PERMIT,AND REZONING: Consideration of an application to amend an existing Conditional Use Pen-nit for Country Sun Farm &Greenhouse at 11211 60th Street North by adding acreage to the existing 43 acres. The amendment would also reclassify some of the existing uses as an Agricultural Entertainment Business. The applicants are seeking to rezone the property from Rural Residential to Agricultural; PID: 01-029-21-21-0007. c. Proposed Revisions to Buffer Setbacks in Open Space Preservation (OP) Developments d. Capital Improvement Plan; 2010 - 2014 5. Business Items a. Planning Commissioner Terms 6. City Council Updates- Verbal a. November 17"' i. Wireless Telecommunication Tower Moratorium Repeal— approved ii. Comprehensive Plan Submission- approved 7. Adjourn Planning Commission Date: 11/23/09 Public Hearing Item: 4a ITEM: Continue the review of an application from James Burns for a variance from the front yard setback requirement in an R1 zoning district to allow the construction of a building addit� n-- PID 09-029-21-23-0006 SUBMITTED BY: Kyle Klatt, Planning Director -�,v REVIEWED BY: Kelli Matzek, City Administrator SUMMARY AND ACTION REQUESTED: At its November 9, 2009 meeting, the Planning Commission considered an application from James Burns for a variance allow the construction of an addition to an existing residence at 11140 201h Street Court North that would be set back 22.8 feet from a front property line, or 7.2 feet closet to this line than allowed under the R-1 Single Family Residential Zoning District requirements. The variance has been requested to allow an expansion and improvement of the primary structure on this site that would otherwise not be able to take advantage of access to sunlight from the south, among other reasons as stated by the applicant. As part of the public hearing process and review, it was pointed out by the applicant that a provision in the Zoning Ordinance allows for the averaging of front yard setback requirements when other structures along the street have been built at a sub-standard setback. The exact provision from the ordinance reads as follows: Front setbacks. Where adjacent residential structures on the same side of the street between intersections have front yard setbacks different from those required, the front yard minimum setback shall be the average of the immediately adjacent structures. If there is only 1 immediately adjacent structure, the front yard minimum setback shall be the average of the required setback and the setback of the adjacent structure. In no case shall the required front yard setback exceed the required minimum established within the districts of this chapter. After reviewing this language, staff determined that it would apply to the applicant's situation. This provision impacts the original request by reducing the required front yard setback by 4 four feet(from 30 feet to 26 feet). The applicant would still like to pursue a variance; however, the reduction being sought has changed from 7,2 feet to 3.2 based on the language noted above. SETBACK ANALYSIS: In order to apply the averaging provision to the current situation, the applicant has measured from the center of the cul-de-sac right-of-way to the nearest adjoining structures to determine the required setback. The measurements obtained indicated that the house to the east is set back 20 feet from the front property line while the garage to the south is located 32 feet from the property line. The average measurement for these two properties is 26 feet, which is therefore the set back that applies to the applicant's property. Staff has attempted to trace the averaged setback line on the applicant's original survey to show where this new line will fall with respect to the proposed addition and other aspects of the site. The house addition would still encroach by 3.2 feet into this required setback, and the applicant has indicated that they would still like to pursue a variance based on the rationale that was provided to the Planning Commission at its last meeting. One additional point that the applicant would like to make is that the cul-de-sac, when it was paved, was not centered within the platted cul-de-sac right-of-way and it was built with an oblong shape as well. This has resulted in a situation in which the boulevard area is not consistent around the cul-de-sac, and specifically, that the distance between the front property line of the parcels around the cul-de-sac and the curb line of the street varies from one location to another. The applicant would like to point out that as it currently stands, the center of the paved portion of the cul-de-sac is 6 feet further away from his house than it would be if it were centered within the right-of-way. In essence, he is suggesting that if the street was platted with a uniform boulevard of 10-15 feet(which is common in most new subdivisions) he would not need a variance to build the addition as proposed. ADDITIONAL STAFF REVIEW COMMENTS: Staff was able to visit the site earlier in the week and can confirm that the setback measurements obtained by the applicant are accurate. The reduction of the requested setback variance to 3.2 feet and additional statements from the applicant concerning the center of the cul-de-sac should not change any of the analysis presented by staff at the last meeting. Although the requested setback variance is now half of the distance discussed by the Planning Commission previously, the Commission still needs to document that there is a hardship associated with the property in order to recommend approval. The off-set location of the cul-de-sac certainly helps explain why the proposed addition would be consistent with the character of the neighborhood, but the location of the street does not appear to cause a hardship that prevents the applicant from having reasonable use of the property. For variance applications, the burden is on the applicant to demonstrate why this situation is unique and necessitates flexibility to code requirements. To make this case, a variance can only be granted by the city when strict enforcement of the code would cause undue hardship on a property owner. "Hardship" is broken down into the following three components: a. The proposed use of the property and associated structures in question cannot be established under the conditions allowed by the city's zoning regulations and no other reasonable alternative use exists; b. The plight of the landowner is due to the physical conditions unique to the land, structure, or building involved and are not applicable to other lands, structures, or buildings in the same zoning district; the unique conditions of the site were not caused or accepted by the landowner after the effective date of the city's zoning regulations, and c. The variance, if granted, will not change the essential character of the neighborhood. In reviewing the request against the three criteria listed above, staff determined all criteria were not met as strict adherence to the code would still allow reasonable use of the property. The basis for staffs findings is included in the previous report. ADDITIONAL INFORMATION: • Two of the neighboring property owners have submitted letters in support of the requested variance. • Staff is requesting that Commissioners bring the previous packet of information concerning this item to the meeting, and in particular, the folder provided by the applicant. The above comments should provide a minor addendum to the staff report from the fast meeting. Commissioners should contact staff prior to the meeting if new copies of the information distributed at the last meeting are needed. RECOMMENDATION: Staff recommends that Planning Commission recommend denial of the variance request for James Burns, 11140 20ih Street Court North, to allow the construction of an addition to an existing residence at this address that would be set back 22.8 feet from a front property line, or 3.2 feet closet to this line than allowed under the R-1 Single Family Residential Zoning District requirements ORDER OF BUSINESS: - Introduction................................................... ................ Kyle Klatt, Director of Planning - Report by staff...............................................................Kyle Klatt, Director of Planning - Questions from the Commission ...................................Chair & Commission Members - Applicant Comments..............................................................................Chair facilitates - Questions of the Applicant............................................Chair& Commission Members - Cali for a motion ................................................................................... Chair Facilitates - Discussion of Commission on the motion ............................................ Chair Facilitates - Action by the Planning Commission_...........................Chair& Commission Members ATTACHMENTS (2): 1. Cul-de-sac drawing(from applicant) 2. Site survey with new setback line 3. Aerial image with revised setback line �411 0 A H . I . z I 111Z Iry Ve /Af, 011 I � i e ��r K .._ \, 1 r r 2� �4 p rn ink" e `:: :r=1 � C Planning Commission Date: 11/23/09 PUBLIC HEARING Item: 4b ITEM: Consider an application to rezone a property from Rural Residential to Agricultural,to amend an existing Conditional Use Permit to include approximately 24 acres and the construction of a 39,900 square foot parking lot, and a Conditional Use Permit for the entire 67 acres to allow an Agricultural Entertainment Business for Country Sun Farm and Greenhouse which operates at 11211 60th Street. REQUESTED BY: Country Sun Farm& Greenhouses SUBMITTED BY: Kelli Matzek, City Planner IVY* REVIEWED BY: Bruce Messeit, City Administrator Kyle Klatt,Planning Director SUMMARY AND ACTION REQUESTED: The Planning Commission is being asked to conduct a public hearing, consider a request from Country Sun Farm&Greenhouse,and to make a recommendation to the City Council on the requests. The applicants have amended their application to request consideration.of the following: - REZONING: To rezone a 33.44 acre parcel from Rural Residential(RR) to Agricultural (Ag). This rezoning could allow the future movement of an existing greenhouse from the original CUP area to the new proposed area as greenhouses are not permitted in the RR zoning district. - CONDITIONAL USE PERMIT AMENDMENT: To amend the existing conditional use permit currently allowing operation of Country Sun Farm & Greenhouses at 11211 600, Street North to add approximately 24 acres of land(as the rest is in a roadway easement) for the "greenhouse" and "open sales" uses currently permitted. This Iand, would be added to allow the eventual future movement of existing uses for the business. This amendment would include the construction of an overflow parking area of 39,900 square feet(87 parking stalls)which is accessory to the other uses on the site. - CONDITIONAL USE PERMIT: To add a CUP for the entire 67 acres of property allowing an "Agricultural Entertainment Business" on the property as conditionally permitted. At this time it would be appropriate to list the specific existing and proposed uses on the site to clarify which current uses are permitted under the existing and/or proposed CUP. Staff is recommending approval of the rezoning request and subsequent conditional use permit amendment as they meet the criteria outlined in code which is more fully explained on pages S,6, and 7 of the full staff report attached. Staff reviewed the list of existin uses as identified by the applicant and classified if the uses were pennitted, conditionally permitted,or not permitted by code. It is important to clarify this 1 information at this time as both staff and the applicant have found no clear record in the existing conditional use permit outlining many of the uses that have existed on the site for(in some cases) a decade or more. Existing Use Classification Coin Maze Ilay Ride Agricultural Petting Zoo/Farm Entertainment Haunted House Business Seasonal Sale of related Christmas decorations(such as wreaths or other agricultural-type creations) Children Activities and Games with an Agricultural component Permitted Use in Growing of Field Crops Agricultural or. Rural Housing and Care of Livestock Residential Zoning District Growing of Flowers Seasonal Sales of fresh flower and plant material(if the products are produced ont eh premises or can meet the definition of Agricultural Sales "wayside stand") Business OR Seasonal Sales of pumpkins(if the products are produced on the Wayside Stand premises or can meet the definition of"wayside stand") Seasonal Sale of Christmas trees(if the products are produced on the premises or can meet the definition of"wayside stand") Greenhouse growing range Existing CUP Sale of concessions(as previously outlined in CUP amendment a royals) Incidental Use (Permitted) Halloween/Holiday decorations Children Activities and Games without an.Agricultural component Seasonal Sales of fresh flower and plant material(if the products are NOT produced on the premises and can NOT meet the definition of"wayside stand") Not Allowed/Perinitted Seasonal Sales of pumpkins(if the products are NOT produced on the premises and can NOT meet the definition of"wayside stand") Seasonal Sales of Christmas trees(if the products are NOT produced on the premises and can NOT meet the definition of "wayside stand") 2 Staff is recommending approval of the Conditional Use Permit to allow an Agricultural Entertainment Business on the entire 67 acre site for those specified uses above. The full criteria review for both a CUP and an Agricultural Entertainment Business(as outlined in code)is available on pages 9 through 13 of the full staff report attached. The recommended approval is only for those uses listed above in the appropriate section with seven conditions as outlined on page 17 of the full staff report. The Planning Commission is being asked to consider the three components to the application. along with the staff interpretation of whether the existing uses are permitted,conditionally pennitted, or not permitted on the property. FUTURE CONSIDERATIONS: Because some concern has been expressed regarding existing uses on the site and the future guidance of the property(non-sewered higher density residential—OP development),staff has suggested five options for consideration if the city is concerned with past or future expansions and more commercial type uses on the site(page 11 and 12 of the full staff report). In accordance with the discussions at the time the ordinance was approved regarding Agricultural Entertainment Businesses and Agricultural.Sales,it is recommended that the Planning Commission and City Council add the evaluation of the these(and similar)uses to the 2010 Planning Commission Work Plan. This would allow the commission and council to: -evaluate the effectiveness of the existing ordinance -further review how agriculture sales businesses should be regulated within the community -study options for regulating these uses as a commercial business -investigate alternative regulation mechanisms that would allow specific activities on an interim basis(i.e.a special event permit or interim use permit) -review the differences between wayside stands and seasonal sales,and specifically whether or not the sale of produce grown off-site should be allowed -consider adding greenhouses as an allowed uses in rural residential and other zones and establishing a size limitation for"residential'greenhouses RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of the application to rezone the 33.44 acre parcel from Rural Residential to Agricultural,to amend the existing CUP to include approximately 24 acres,and to add a CUP allowing an Agricultural Entertainment Business on the entire 67 acres subject to clarification regarding the uses allowed by code. Staff is also recommending the Planning Commission make a recommendation that certain uses and activities are not compliant with the zoning ordinance and that these uses and activities will need to be discontinued. ➢ Children Activities and Games without an Agricultural component ➢ Seasonal Sales of fresh flower and plant material [if the products are NOT produced on the premises and can NOT meet the definition of"wayside stand"] ➢ Seasonal Sale of pumpkins [if the products are NOT produced on the premises and can NOT meet the definition of"wayside stand"] ➢ Seasonal Sale of Christmas trees [if the products are NOT produced on the premises and can NOT meet the definition of"wayside stand"] 3 SUGGESTED MOTIONS: Move to recommend approval of the CUP for an Agricultural Entertainment Business for Country Sun Farms& Greenhouse on the entire 67 acres with the conditions identified in the staff report. Move to recommend approval of the rezoning from Rural Residential to Agricultural. Move to recommend approval of the CUP amendment request with the conditions identified in the staff report. ORDER.OF BUSINESS: - Introduction.................................................................................Kelh Matzek,Planner - Report by staff.............................................................................Kelli Matzek,Planner - Questions from the Commission..................................Chair&Commission Members - Applicant Comments.............................................................................Chair facilitates - Questions of the Applicant...........................................Chair&Commission Members - Open the Public Hearing.......................................................................................Chair - Close the Public Hearing.......................................................................................Chair - Call for a motion..................................................................................Chair Facilitates - Discussion of Commission on the motion............................................Chair Facilitates - Action by the Planning Commission............................Chair&Commission Members ATTACHMENTS (5): 1. Staff Report 2. Applicant's Submittals(Narratives&Maps) 3. Letter from MnDOT 4. Resolution 83-8 5. Resolution 2004-039 4 City of Lake Elmo Planning Department Conditional Use Permit Amendment, Rezoning, And Additional Conditional Use Permit Request To: Planning Commission Fr oin: Kelli Matzek, City Planner Meeting Date: 11-23-09 Applicant: Country Sun Farm & Greenhouses Owner. Richard and Eileen Bergmann; Keith Bergmann Location: 1121160t" Street North Zoning: A—Agricultural and RR.—Rural Residential Introductory In ®rmation Requested The applicants have submitted an application for consideration of the following three Application: components: - REZONING: To rezone a 33.44 acre parcel from Rural Residential (RR) to Agricultural (Ag). This rezoning could allow the future movement of an. existing greenhouse from the original CUP area to the new proposed area as greenhouses are not permitted in the RR zoning district. - CONDITIONAL USE PERMIT AMENDMENT: To amend the existing conditional use permit currently allowing operation of Country Sun Farm & Greenhouses at 11211 60th Street North to add approximately 24 acres of land (as the rest is in a roadway easement) for the "greenhouse" and "open sales" uses currently permitted. This land would be added to allow the eventual future movement of existing uses for the business. This amendment would include the construction of an overflow parking area of 39,900 square feet (87 parking stalls) which is accessory to other uses on the site. - CONDITIONAL USE PERMIT: To add a CUP for the entire 67 acres (original 43 plus 24 proposed) of property allowing an "Agricultural Entertainment Business" on the property as conditionally pemitted. At this J time it would.be appropriate to Iist the specific existing and proposed uses on ithe site to clarify which current uses are permitted under the existing and/or proposed CUP. Property The City's files identify a history of a greenhouse operation at the site dating back to Lnj6rmation: the 1970's. A letter from 1979 to Mr. Bergmann states that a new ordinance was adopted in October of 1979 allowing"agri-business"such as theirs as a CUP and indicated that Mr. Bergmann must apply for such if he wished to continue that use on C7,JR Rezonh,�g�- Counny Suit Fam? &: '.'reerhcuseS Contra is.k;ion R, 11-09--09 (cont.) the property. This is the first record indicating such a use on the property, though "agri-business"is no longer defined or mentioned in the existing code. In 1980, a letter was sent to Mr. Bergmann extending the CUP for a greenhouse(the"agri- business")which was renewed annually until 1983 when the CUP was amended to include"sales lot." Since then,the records at both.the city and the county show a number of resolutions amending the CUP to include additional acreage, additional uses (such as food sales), and expansion of existing structures. Abbreviated History of the CUP amendments: Resolution 83-8 (January 1983): authorizes the operation of a greenhouse and sales lot Resolution 84-43 (July 1984): expanding the area covered by the CUP for the use of greenhouses and sales lot; to relocate the greenhouse and sales building, variance approval to side yard setback Resolution 87-27: allowing a temporary use for the operation of an asphalt mix plant (since expired) Resolution 2003-070: allows the sale of food items such as snacks and carnival type foods/beverages Resolution 2004-039: allows the expansion of the greenhouses The CUP was reviewed annually for a number of years by city staff,primarily in the 80's and 90's. The staff at that time found the uses on the site to be acceptable and recommended approval to the City Council of the annual review for the Country Sun Farm & Greenhouse CUP. Staff could not find mention in the existing CUP of the uses on the property beyond the greenhouses, sales lot, and sale of food. Although there was no mention of uses on the site such as the haunted house, hay rides, corn maze, or petting farm in the resolution,there was mention in past staff reports to both the commission and the council that the uses did exist at that time. The applicant has identified with this application a list of existing uses on the site which will be analyzed later in this report for conformance with the current city code. Existing Uses on the Site as identified by the applicant: Greenhouse growing range Corn maze Petting zoo/farm Growing of field crops House and care for livestock Raise flowers Hayrides rarm erlonnum -bin U (I �,( -.8 Y -T J TA17101&nev. 0 & --eenhouses Planninl-Conimh,;. F---n Repon: N.09-OP (cont.) Halloween decorations Haunted House Children Activities and Games Seasonal Sales of fresh flower and plant material Seasonal Sale of Christmas trees and related Christmas decorations Seasonal Sale of pumpkins Sale of concessions (as previously outlined in CUP amendment approval) Activity locations are depicted in the applicant's submittals which are attached at the end of the report. Applicable § 154.018 CONDITIONAL USE PERMITS. Codes: (A) Granting/denial. Conditional use permits may be granted or denied in any district by action of the governing body according to the standards for that district in granting a conditional use permit, the governing body shall consider the advice and recommendations of the Planning Commission and the effect of the proposed use upon the health, safety,morals, convenience, and general welfare of occupants of surrounding lands, existing and anticipated traffic conditions including parking facilities on adjacent streets and land,the effect on utility and school capacities,the effect on property values of property in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. If it determines that the proposed use will not be detrimental to the health, safety, convenience,morals, or general welfare of the community nor will cause serious traffic congestion,nor hazards,nor will seriously depreciate surrounding property values, and that the use is in harmony with the general purpose and intent of this chapter and the Comprehensive Plan, the Council may grant the permits. 154.020 AMENDMENTS. (H) Zoning and the Comprehensive,Plan. Any amendment to this chapter shall amend the Comprehensive Plan in accordance with the amendment. The Planning Commission shall inform the Council of any zoning proposal which does not conform to the Comprehensive Plan and inform the Council as to why the plan should or should not be amended. (J) Conformance with Comprehensive Plan. In granting or recommending any rezoning or other permit provided for in this chapter,the Zoning Administrator, the Planning Commission, or Council shall find that the proposed development conforms substantially to the policies, goals, and standards of the Comprehensive Plan. § 11.01 DEFINITIONS. AGRICULTURAL ENTERT41NMENTBUWNESS. An agricultural sales business ....... ...... • C,F13 C'm 1711.ry Sup.fiium &Gn. 'n)uses (cont.) that combines the elements and characteristics of agriculture and tourism, which is not necessarily located in an existing building. Examples of agricultural entertainment include: corn mazes,hay rides, sleigh rides,petting farms, on-farm tours, agricultural related museums, demonstrations of farming practices,techniques and methods, fee- based fishing and hunting,horseback riding,nature trails, haunted barns and similar activities which are related to agriculture. AGRICULTURAL SALES BUSINESS. The retail sale of fresh fruits, vegetables, flowers,herbs,trees, or other agricultural, floricultural,or horticultural products produced on the premises. The operation may be indoors or outdoors, include pick- your-own opportunities, and may involve accessory sales of unprocessed foodstuffs; home processed food products such as jams,jellies,pickles, sauces;or baked goods and homemade handicrafts. The floor area devoted to the sale of accessory items shall not exceed 25% of the total floor area. No commercially packaged handicrafts or commercially processed or packaged foodstuffs shall be sold as accessory items. No activities other than the sale of goods as outlined above shall be allowed as part of the A GRICUL TURAL SALES BUSINESS. OPEN SALES LOTS. Lands devoted to the display of goods for sale, rent, lease, or trade,where the goods are not enclosed within a building. WAYSIDE STAND. A temporary structure or vehicle used for the seasonal retail sale of agricultural goods, floriculture, and horticulture produced by the operator of the WAYSIDE STAND on site or on other property in Lake Elmo. §154.033 AG OR A —AGRICULTURAL. (A) Permitted uses and structures. (8) Wayside stands; (9) Agricultural sales businesses subject to performance standards outlined in § 1.54.11 Q.- (B) Uses permitted by conditional use permit. (1) Greenhouses; (8) Agricultural entertainment businesses subject to the following performance standards: {see analysis on page 7 below) §154.036 RR—RURAL RESIDENTIAL. (A) Permitted uses and structures. (3) Wayside stands; and (4) Agricultural sales businesses subject to performance standards outlined in § 1.54.11 O: (C) Conditionally permitted uses. (4) Agricultural entertainment businesses subject to the requirements outlined in § 154.03 .(B)(8). rr 0'.i,t-".4}72f3Pit:%Ynfwt. C..f:.,;`T. Rcr—onniig !Cowtv"';>tf,' ,. ,..rri%& "}. "'-Ctnf d,A`,' <?rti i?I.S;'?C);? 1?(?P0,: 1!-09--OQ Findings & General Site Overview Site Data: Existing CUP Property Lot Size: Approximately 43 acres Existing U.se: Country Sun Fann &Greenhouse operations Existing Zoning: A(Agricultural) Property Identification Number (PID): 09-029-21-12-0001 Proposed Additional Land for CUP Lot Size: Approximately 24 acres (this does not include the road right-of-way which when added totals 33.44 acres) Existing Use: Farm/Construction Site for Northern Natural Gas Project Existing Zoning. RR (Rural Residential) Proposed Zoning: Ag(Agricultural) Property Identification Number(PID): 01-029-21-21-0007 Application Review: Rezoning. Rezoning from Rural Residential to Agricultural The applicants are requesting the currently farmed property at 01-029-21-21-0007 be rezoned from Rural Residential to Agricultural. The entire property(including State Highway 36 road right-of-way)is 33.44 acres. The property currently may be subdivided.into at least two,if not three, 10-acre parcels with regards to lot size only. The applicants are requesting this property's zoning be changed to Agricultural which has a 40 acre minimum lot size. This significant change in minimum lot size eliminates the ability of the property to be subdivided. The applicants are aware of this change, but are requesting the rezoning to occur as the intent is to leave the property intact and to utilize the land for the Country Sun Farm & Greenhouse business. The applicants state in their application that the intent is to move the existing greenhouse, corn maze, and hayride area to this new property in the event that the potential future reconfiguration of the Lake Elmo Avenue (CSAH 17) and State Highway 36 interchange and additional frontage road would eliminate the area the uses are currently occupying. Because this parcel is zoned Rural Residential (the property on which the business runs is currently zoned Agricultural), the applicants do not have the option of moving the existing greenhouse to this property. In looking strictly at the rezoning request without consideration of the intent,the rezoning of this parcel is consistent with the Comprehensive Plan with regards to the future land use guidance. The Land Use Plan classifies this area as guided for Rural Agricultural Density(RAD), which is consistent with both the Rural Residential and Agricultural zoning districts. Staff would recommend approval of the rezoning from Rural Residential to Agricultural as it is in conformance with the Comprehensive Plan. The applicants request that if the CUP amendment is not approved, that the property be retained as a c..(;MYj '.j.,:tr r lYr'rFi:-Be- 11(,'.t7 -r:'tir'IT.dh I e I I? R"!v— V P 'gar J 2 i,i 9. � r sue: CUP A C.'UP, Re & planmbng Commission 11-,09-09 (cont.) Rural Residential parcel and not rezoned. Suggested Condition for Consideration: The applicant could be asked/required to refrain from moving the existing greenhouse to the proposed location until such time as a reconfiguration of the interchange is confirmed. At this time, a reconfiguration has not been.decided upon and the project has been delayed with no specified timeline. CUP Land Addition, Overflow Parking Amendment The applicants are requesting to add an additional approximately 24 acres to the area Review: currently operating under a CUP (33.44 acres minus the State Highway 36 road right- of-way area), lv, .. ........ P e.d eb. Whal-77. X, Arba 24 C Are.a 4 Aa Al -��XL d, The reasoning for the request as stated by the applicant is to prepare for a future improvement to the Lake Elmo Avenue and State Highway 36 interchange. The alteration to the intersection and a potential service road could displace some of the applicant's property currently utilized for the hay ride, corn maze, and greenhouses. That land would instead be utilized as a frontage road for Highway 36. The existing uses (greenhouse,hay ride area, and corn maze) that would be displaced are proposed to be relocated to the proposed additional land to the East. The applicants are also interested in adding an overflow parking area. The proposed 39,900 square foot area is to be created of crushed limestone and/or recycled pavement millings. The parking lot is being proposed at this time to take advantage of work recently completed in that area by the Northern Natural Gas company within S, RV'?) "Intr 5�in �Z -1(.717d U u:0,J.P*.i, -nlry -1 1;-1 6 SNM:�WWI Planninlgl ?epurt; I 1-()Y-09 (cont.) their easement. The company has utilized that portion of the applicant's land as a parking area for vehicles associated with the work. The property owners would like to utilize a portion of this as an overflow parking area as the area is already compacted and disturbed. The remaining area will be restored. If additional overflow parking is needed beyond what is proposed, the grassy area will be utilized. This will minimize the impervious surface area, the resulting runoff, and reduce or eliminate the potential for vehicles visiting their business from parking on State Highway 36. However, the land on which the current CUP operates is zoned Agricultural while the property proposed to be added to the CUP is currently zoned Rural Residential. While the Agricultural zoning district currently identifies greenhouses as a conditional use,the Rural Residential zoning district does not—thus the earlier identified rezoning request. Although neither zoning district currently identifies a"sales lot" as either permitted or conditionally permitted, the CUP for the existing Agricultural zoned property will continue to allow that use on the existing property if, and until, it is discontinued for a year at which time that use will no longer be permitted. If the property is rezoned to Agricultural, a greenhouse could be conditionally permitted on the additional 24 acre property. Staff would find that the movement of the existing greenhouse to the property would meet the requirements of a conditional use permit and would therefore recommend approval. The movement of a corn maze and hay ride area will be analyzed in the third section of this application—the reclassification of existing uses as an Agricultural Entertainment Business. CUP Review: Reclassification of Some Existing Uses as Agricultural Entertainment.Business Country Sun Farm & Greenhouse has existed in some form since at least the 1970s according to previous staff reports and other city documents. Since then,the land area and the uses on the site have evolved over time. The original CUP was for the greenhouse to be utilized at the property on just a few acres. Resolution 83-8 identifies granting of a conditional use permit to allow a greenhouse and sales lot at the Berginann's property. Other amendments have allowed the expansion of the existing greenhouses and sale of limited foods and beverages. Although there are gaps in documentation, staffs interpretation is that the current operation of Country Sun Farm & Greenhouse occupies the existing approximately 43 acres under the resolution conditionally permitting greenhouses, sales lot, and food sales(as specified). It is assumed that previous staff interpreted the uses such as the corn maze,petting zoo,hay rides, agricultural sales, and kid activities being utilized on the existing site as being considered permitted under the conditional use permit or an incidental and accessory use to those permitted uses. At this time, staff will. reevaluate the existing uses on the site and suggest clarifying what uses are permitted and f.)se Re -Cowurv.5ml .`Z F"'age 7 R �.� C I,TP AII I endME.pit. Crjj-x Rezanittg: Cowl N­Sun Farm- dy, ;-rj--C,-,.`17 hoz Is a., (cont.) on the site—either through the existing CUP or through the proposed Agricultural Entertainment Business CUP being proposed. In 2008, the city code was amended(Ordinance 08-006)to include definitions for Agricultural Entertainment Business and Agricultural Sales Business. The Agricultural Entertainment Business use was added as conditionally permitted in both the Agricultural and Rural Residential zoning districts at that time. The Agricultural Sales Business use was added as a permitted use(not a CUP) in both districts. As mentioned earlier in the report, staff suggests taking time to clarify what existing uses on the site will be considered conditionally permitted as an Agricultural Entertainment Business, what existing uses (if any) are outright permitted as an Agricultural Sales Business, and what existing uses (if any) are not permitted.on.the site. This analysis is intended to provide further clarity for both the city and the property owners in the future as to what is acceptable on the property. This separate Agricultural Entertainment Business CUP would function in parallel with the existing CUP for the greenhouse, sales lot, and food sales as permitted on the "original" 43 acres and for the amended CUP, should that be approved. Analysis of Existing Uses on the site: Staff recommends that the following uses fall under the classification of an Agricultural Entertainment Business as defined in the code: ➢ Corn maze ➢ Hayrides > Petting zoo/farm > Haunted House > Seasonal Sale of related Christmas decorations (such as wreaths or other agricultural-type creations) > Children Activities and Games with an Agricultural component Staff recommends that the following uses fall under the category of a 12ennifted use in the-Aricultural or Rural Residential zoning district(a CUP not required): > Growing of field crops ➢ Housing and care for livestock > Growing flowers Staff recommends the following uses fall under the category of Agricultural Sales Business OR Wayside stands (which is allowed/permitted): > Seasonal Sales of fresh flower and plant material [if the products are produced on the premises or can meet the definition of"wayside stand"] ➢ Seasonal Sale of pumpkins [if the products are produced on the premises or can meet the definition of"wayside stand"] > Seasonal Sale of Christmas trees [if the products are produced on the premises or can meet the definition of"wayside stand"] 1� c*1�'.'L/.`:` Suiy F M-Yp? ?MUMI,-i I To) Sm? P.Z. ,,I ....... ...... r,Z.i zf':it'?11Y7t;c':7i. CUT, Re:'-077t7Ii Ce."It1f[7y Sun.6r.r m, '1LiP17'tT77`T Ckt)7'7onisSion R+T..wrz; t (cant:) Staff recommends that the following uses be analyzed as part of proposed amendment to the existinp,CUP. The City's records indicate that these uses have previously been granted approval. ➢ Greenhouse growing range ➢ Sale of concessions (as previously outlined in CUP amendment approval) i Staff recommends the following use be classified as incidental to the propeity as residents are allowed to celebrate holidays with outside decorations: ➢ Halloween/Holiday decorations Staff recommends the City clarifies that the following uses are not allowed/permitted, nor conditionally permitted on the site: ➢ Children Activities and Games without an Agricultural component ➢ Seasonal Sales of fresh flower and plant material [if the products are NOT produced on the premises and can NOT meet the definition of"wayside stand"] ➢ Seasonal Sale of pumpkins [if the products are NOT produced on the premises and can NOT meet the definition of"wayside stand"] ➢ Seasonal Sale of Christmas trees [if the products are NOT produced on the premises and can NOT meet the definition of"wayside stand"] Staff utilized the previous analysis in moving forward with which uses to utilize in the following review: CUP Review Criteria (Section 154.018): The following review criteria(in italics) are taken directly out of the Lake Elmo City Code for all CUPs: ■ Effect of the proposed use upon the health, safety, morals, convenience, and general welfare of occupants of surrounding lands. The permitting of an Agricultural Entertainment Business on the entire 67 acres (existing plus proposed acreage) would not have a negative impact on the health, safety, morals, convenience, or general welfare of occupants of surrounding lands. The proposed addition of approximately 24 acres for movement of existing uses and the inclusion of an overflow parking area will not negatively effect the health, safety, morals, convenience, or general welfare of occupants of surrounding lands. The movement of the existing uses (hay ride, corn maze, etc.) in the future to this site will create more of a buffer between the seasonal uses and the existing residential homes along Lake Elmo Avenue. The property being requested to be considered for inclusion is currently bordered to the North by State Highway 36, to the South by vacant land previously used for agricultural purposes and to the East by a residential ihome owned by the applicant's son and dedicated open space property owned by the applicants. Therefore, it can be reasonably assumed that the movement of the uses further from the more densely built homes along Lake Elmo Avenue(County Road 17) would reduce the impact of the uses. At this time the applicants are not proposing ( L.f i....!tfYtf.Yi`,.Ut t`L?Y77t L52.F „?F;r?-iTtJ?�tdr'1i"59c'tt ',' -,f,rtt,?a. ::y'tit;+ Ut1 ttU `3 .. 4U76 C UP A metu)ment, C' e: Wt i g 'ot a d- Sun r,n & vyrft4r Y . . 6 9-'1."V (cont.j to increase the intensity of the uses on the existing property,but to maintain what is on the site. ■ Existing and anticipated traff ic conditions (incl.parking facilities on adjacent streets and land) The applicants' proposal includes the construction of a 39,900 square foot overflow parking area of 87 designated parking stalls as well as a designation of an additional grassy area if additional parking is necessary. This proposal will address existing and anticipated parking needs by providing additional parking for visitors on the site. By allowing additional parking, the applicants are working to address concerns expressed in the past of parking that has occurred on State Highway 36. A letter received from MnDOT regarding the application confirms that the owner's plan for parking expansion should provide enough parking on site to eliminate the need for parking on the TH 36 shoulder, which has serious safety concerns. The letter also briefly mentions that a future interchange at the interchange of Lake Elmo Avenue (CSAH 17) and TH 36 will impact this property and its current access locations. At this time, staff believes the applicant's proposal does not warrant addressing the access to the site. • Eff ect on utility and school capacities The addition of land and an overflow parking area to the existing CUP will have no effect on utilities or school capacities. 0 Effect on property values qfproperty in the surrounding area The property values of the surrounding properties will not be negatively impacted by the addition of the land to the existing CUP or the continued uses on the existing land. The Bergmanns' or their relatives own property to the East of the proposed additional land, State Highway 36 is to the North, and vacant/agricultural land is to the South. Should the land to the South be developed someday as an Open Space Preservation development(for which it is eligible by standards of minimum lot size), a buffer setback will likely be established which will serve as a barrier to the seasonal uses nearby, should that be a concern in the future. • Effect of the proposed use on the Comprehensive Plan (in harmony with the general purpose and intent of this chapter and the Comp Plan) Both the property under the existing CUP and the proposed additional property are guided in the Future Land Use for"RAD—0.45 DU/Acre"as designated in the Lake Elmo Comprehensive Plan. The RAD designation stands for Rural Agricultural Density and is related to the zoning classifications Agricultural (AG or A) and Rural Residential (RR). The city does not have a slated timeframe for which this property(or any property outside of the future sewered areas) is scheduled to convert to a higher density residential use as an Open Space Preservation development, which is the 0.45 DU/Acre mentioned in the Land Use guidance section of the Comprehensive Plan. The Comprehensive Plan states that the city has a"desire to preserve its rural ('74"AMCM)? ('T YP 7 A-) p,eL"<:O.J'Y'Ir V (7otintr1'Sur,F rm, & J 1--09-0.9 (cont) character, open space and green corridors." In keeping with this statement and the verbally stated intent to allow owners of larger properties in the city to continue to make a living from their land, staff is interpreting the continued use of the existing Country Sun Farm & Greenhouse activities as compliant with the city's intent for large rural lots, agricultural-type uses, and the Comprehensive Plan. The Agricultural Entertainment Business use was specifically included as a conditionally permitted use in the A and RR zoning districts in 2008, but not the commercially oriented zoning districts (HB, LB, GB) in the city. This action taken by the city provides direction to staff to continue the interpretation that an Agricultural Entertainment Business is considered, in fact, agricultural in nature and not commercial. Because the city code must be in harmony with the Comprehensive Plan, staff would find the addition of this language to the code in 2008 to be in accordance with the intent of the Comprehensive Plan. Because the city code has listed Agricultural Entertainment Businesses as a conditionally permitted use and as the city has received an application for such, the city must permit the use if it is found to meet all the outlined requirements for both a conditional use permit as well as the individual requirements listed for an Agricultural Entertainment Business. Staff s interpretation that the corn maze, hayride, petting zoo/farm, haunted house, and seasonal sale of related Christmas decorations that are agricultural in nature at Country Sun Farm & Greenhouse are in accordance with the Agricultural Entertainment Business use as defined and allowed by CUP in the A and RR.zoning districts and therefore compliant with the Lake Elmo Comprehensive Plan. Should the Commission or Council disagree with staff s interpretation,the following are a few options that could be considered: Option One: One option would be to change the zoning for all Agricultural and Rural Residential zoned properties guided for this unsewered higher density residential land use in the future into a holding district. This holding district could restrict what can be done on the properties to ensure they are in keeping with the planned future residential development on the property. The Comprehensive Plan identifies approximately 1,000 properties within the city as guided for this type of land development(although this number includes some existing OP development parcels, which would not be included). Option Two: A second option would be to re-evaluate what is considered an agricultural use and identify if an Agricultural Entertainment Business is something the city would like to see in the rural areas of the city. Option Three: An option' would be to explore the interim use of properties* guided for higher density non-sewered development—Open Space Preservation Developments. This would require amendments to the existing code to identify interim uses in the Agricultural and Rural Residential zoning district. In this particular situation, a legal opinion would be requested to identify if there are any legal rights of the applicant to P�,;, "j- 51f wgv _7 1'. Me 5.' (L)jfnsh­"Sun Gro:.,nhoV_.,,w1, Planning-Commission Rej..)orr: 11-091-09 continue those uses not specified in the CUP (such as the corn maze,haunted house, etc.). Option Four: An option would be to consider those properties along major roadways, such as Interstate 94 and State Highway 36 that are operating as more of a commercial type use to be rezoned. This would require major changes to the Comprehensive Plan, zoning map, and zoning ordinance. Option Five: To direct staff to research if a different taxing system could be used on properties that are zoned of a rural or residential.nature,but function more like a semi-commercial property seasonally or year-round. The following review criteria(in italics) are taken directly out of the Lake Elmo City Code for all Agricultural Entertainment Businesses: Agricultural and Rural Residential Zoning District Review Criteria (Section 154.033) (a) The property proposed to be used for agricultural entertainment must be located with direct access to a collector or arterial street as identified in the comprehensive plan; Currently, the property has right-in right-out access off TH 36 as well as reasonable access off of County Road 17. (b) All parking must occur on-site, be on a primary surface such as class five gravel or pavement; and must be set back at least 30 feet.from all property lines; As mentioned previously in this staff report,the applicants are proposing to add two overflow parking areas—one of which would be improved and the other to remain grass. The applicants are proposing to construct the improved parking lot of crushed limestone and/or recycled pavement millings. This is consistent with the requirement for surface type. Staff will add as a condition of approval that the parking area be 30 feet from all property lines. (c) No more than 25%of the site may be covered with impervious surface and the remainder shall be suitably landscaped; The applicants are no where near the 25 percent maximum impervious surface coverage as all the area proposed to be covered under this CUP is largely open or used for agricultural purposes. 7"pi Fann- w1ir,Smu P7. ...... ....... CUP, Re.,,-eming: & Planning (d) Roof'top or outside building mechanical equipment must be screened from view from adjacent properties and rights-of-way with an opaque material architecturally compatible with the building(s); The applicants are not requesting to add any buildings at this time. (e) Trash containers must be located inside or screened in an acceptable manner; Staff will add this as a condition of approval. (0 Discharge offirearms, including blanks, shall not be allowed on the property; The applicants are requesting this condition be modified to allow the discharge of firearms during times and dates that the business is not open to the public. This would allow the property owners to continue utilizing their land for private hunting purposes. Staff would find this request to be reasonable and would recommend adding this to an approved CUP. (g) The property owner shall give the city permission to conduct inspections of the property in order to investigate complaints; Staff will add this as a condition of approval. (h) The property owner must take reasonable steps to prevent trespassing on adjacent properties by employees, contractors or patrons; Existing buffers such as a tree line as well as a fence do provide a vegetative and fenced buffer of the property. (i) Usable primary and alternate well and septic sites sized,for the maximum anticipated usage of the property shall be identified on the property. Alternate sites shall be protected in the site plan design, and will only need to be used upon failure of a primary site; and The applicants are currently operating with an existing well and septic system. Because they are not asking to add any buildings at this time which would require sanitary facilities or a water supply, staff would suggest this be addressed in the future if such a building is added. (j) Adherence to the general review criteria applicable to all CUP applications. Staff finds this criteria is met, as analyzed earlier in this report, Application Staff would recommend approval of the request to rezone the 33.44 acre property at iS 3 c(U.1"Anlendoten,. C"i, C-c)wn.ry Sun Fi'Lrnl & Al(s'nnhz,, Commission Rept'),rt,' 11-00-0.9 Conclusions: 01-029-21-21-0007 from Rural Residential to Agricultural. (cont.) Staff would recommend approval of the CUP amendment request (dependent upon approval of the previously stated rezoning) as the Agricultural zoning district 1� conditionally permits greenhouses. This would include approval of the improved- overflow parking area of 39,900 square feet. Staff would recommend approval of an Agricultural Entertainment Business for Country Sun Farms & Greenhouses at 11211 6e Street North for the entire 67 acres. This would permit the uses as identified on page 8 and 9 of the staff report. Staff would recommend denial of the continuation of the existing uses on the site: > Children Activities and Games without an Agricultural component > Seasonal Sales of fresh flower and plant material [if the products are NOT produced on the premises and can NOT meet the definition.of"wayside stand"] > Seasonal Sale of pumpkins [if the products are NOT produced on the premises and can NOT meet the definition of"wayside stand"] > Seasonal Sale of Christmas trees [if the products are NOT produced on the premises and can NOT meet the definition of"wayside stand"] Resident j Staff has been made aware there may be some concerns regarding what uses have Concerns: been allowed to occur on the site for the Country Sun Farm &Greenhouse property as well as the rezoning request. Additional K The applicants may choose to perform such activities as listed in the Agricultural Information: Sales Business definition on either properties as that is listed in both Agricultural and Rural Residential zoning districts as permitted uses. A greenhouse connected to a sales area may be considered an Agricultural Sales Business. Assuming the standards outlined in code are met,the applicants are allowed to do so without a conditional use permit. 0 Neither the watershed district nor the DNR provided comment in opposition to the proposed application. M The proposed overflow parking area will require a permit from the Valley Branch Watershed District as the impervious surface area proposed would exceed 6,000 square feet. 0 A Mn/DOT drainage permit will be required to ensure that current drainage rates to Mn/DOT right-of-way will not be increased. -f n-2 Sun Fm-m- -Page 14 f-Ountri, Sun T,(irfrt & Plarmipi,g Cornmiss"O'n, Repon.: 1 14)a-419 Future Because some concern has been.expressed regarding existing uses on the site and the Consideration: future guidance of the property(non-sewered higher density residential— OP development), staff has suggested five options for consideration if the city is concerned with past or future expansions and more commercial type uses on the site (page 11 and 12 of the full staff report). In accordance with the discussions at the time the ordinance was approved regarding Agricultural Entertainment Businesses and Agricultural Sales, it is recommended that the Planning Commission and City Council add the evaluation of the these (and similar) uses to the 2010 Planning Commission Work Plan. This would allow the commission and council to: - evaluate the effectiveness of the existing ordinance -further review how agriculture sales businesses should be regulated within the community - study options for regulating these uses as a commercial business -investigate alternative regulation mechanisms that would allow specific activities on an interim basis (i.e. a special event permit or interim use permit) review the differences between wayside stands and seasonal sales, and specifically -whether or not the sale of produce grown off-site should be allowed consider adding greenhouses as an allowed uses in rural residential and other zones and establishing a size limitation for"residential" greenhouses Conclusion: The applicants are seeking approval of the following for Country Sun Farms & Greenhouses: - REZONING: To rezone a 33.44 acre parcel from Rural Residential (RR) to Agricultural (Ag). This rezoning could allow the movement of an existing greenhouse from the original CUP area to the new proposed area as greenhouses are not permitted in the RR zoning district. - CONDITIONAL USE PERMIT AMENDMENT: To amend the existing conditional use permit currently allowing operation of Country Sun Farm & Greenhouses at 11211 60"' Street North to add approximately 24 acres of land (as the rest is in a roadway easement) for the "greenhouse" and "open sales" uses currently permitted. This land would be added to allow the eventual movement of existing uses for the business. This amendment would include the construction of an overflow parking area of 39,900 square feet (87 parking stalls). - CONDITIONAL USE PERMIT: To add a CUP for the entire 67 acres of property allowing an "Agricultural Entertainment Business" on. the property as conditionally permitted. At this time it would be appropriate to list the specific existing and proposed uses on the site to clarify which current uses are Pa CU.P.A rn endwen j�-7t.FP IY n-v i i Irn 1 permitted under the existing and/or proposed CUP. A CUP Amendment to add approximately 24 acres to the existing CUP for Greenhouses and Open Sales Lot. Commission r The Planning Commission has the following options: Options: A) Recommend approval of the rezoning request, CUP amendment and improved overflow parking area, and additional CUP for Agricultural Entertainment Business uses; B) Recommend denial of the rezoning request, CUP amendment, improved overflow parking area, and additional CUP for Agricultural Entertainment Business uses request; Q Recommend approval of the applicant's requests with alterations to the list of permitted uses, conditionally permitted uses, and uses that are not permitted as identified by staff on pages 8 and 9 of this report. The 60-day review period for the CUP amendment and CUP for Agricultural Entertainment Business application expired on 10-19-09, but was extended an additional 60 days to 12-18-09. If an additional extension is needed,the applicants must approve the request. The 60-day review period for the rezoning will also expire on 12-18-09,but can be extended an additional. 60 days if necessary. StqffRec: Staff is recommending approval of the request to rezone the 3144 acre parcel from Rural Residential to Agricultural based on the following: 1. The rezoning would be in conformance with the land use guidance identified in the Comprehensive Plan. 2. By allowing the rezoning, the minimum lot size would increase (a "down- zoning" of the property) thereby eliminating the ability to subdivide and retaining larger agricultural lots. This parcel would be retained in its current configuration, easing the transition to its future guided use as an Open Space Preservation development as specified in the Comprehensive Plan. Staff is recommending approval of the CUP amendment to add 24 acres and an overflow parking area at based on the following: 1. If the rezoning is approved, the Agricultural zoning district conditionally permits the use of greenhouses on the property. 2. The movement of a greenhouse to a location more remote from existing residential homes will reduce negative impacts. 3. The applicants are proposing to have the additional 24 acres available for use by Country Sun Farm & Greenhouse in anticipation of needing to relocate existing uses from one property to another in response to potential future construction of a frontage road and reconfiguration of the intersection of County Road 17 and State Highway 36. 4. The proposed overflow parking areas (both improved and grass) would reduce & .-P F Un?�.,�rl h'o uSe:;,; -fhmend)wenf� C"J"T', ""Un 71 d".. sp../)t) Relvo-n: 11-09-09 (Cont.) or eliminate the parking that may take place on State Highway 36 by visitors to the site. Staff is recommending approval of the additional. CUP for the entire 67 acres (existing 43 acres plus proposed 24 acres) to reclassify some of the existing uses (as specified earlier in the report) on the property to Agricultural Entertainment Business: 1. In 2008, the City of Lake Elmo approved Ordinance 08-006 which defined Agricultural Entertainment Business and identified the use as conditionally permitted in the Agricultural and Rural Residential zoning districts. 2. The expansion of land and potential movement of existin uses would reduce the impact to adjacent neighbors. 3. The addition of the overflow parking area would take advantage of existing disrupted areas as a result of work done by Northern Natural Gas. 4. The CUP for an Agricultural Entertainment Business at this time does not permit the increase of intensity of the uses, but instead clarifies the permissible uses on the site for staff and the property owners. 6. The conditions outlined in both Section 154.018 for Conditional Use Permits and Section 154.033 for Agricultural Entertainment Businesses are met. Staff is recommending the following uses do not meet the existing code requirements and be discontinued from the site: ➢ Children Activities and Games without an Agricultural component > Seasonal Sales of fresh flower and plant material [if the products are NOT produced on the premises and can NOT meet the definition of"wayside stand"] > Seasonal Sale of pumpkins [if the products are NOT produced on the premises and can NOT meet the definition of"wayside stand"] ➢ Seasonal Sale of Christmas trees [if the products are NOT produced on the premises and can NOT meet the definition of"wayside stand"] With the following conditions: 1. The applicants must obtain any required permits from the Valley Branch Watershed District and the Minnesota Department of Transportation. 2. The designated parking area shall be 30 feet from all property lines. 3. Trash containers must be located inside or screened in an acceptable manner. 4. The property owners may allow the discharge of firearms during times and dates that the business is not open to the public. This would allow the property owners to continue utilizing their land for private hunting purposes. The discharge of weapons must be in conformance with Lake Elmo City Code requirements. 5. The property owner shall give the city permission to conduct inspections of the property in order to investigate complaints or to provide necessary updates to the city files or City Council. 6. The physical relocation of the existing greenhouse would not require a further conditional use permit amendment as the applicant has identified a future V,-Mentro S'un Farm 'Z 2 URI C.: .•'.a':'f.tltE.'tFt? f€'t.?r �'. , Razo—.,,Uni,: C:ou, Sum r'....., 431 MOUSCS �'lif7't€%IY)!r �C1F37!Fi-SS7t)i2 1°4P)7fJzt; 1 f...=:s•�...)�. location with this application. Instead the applicant must comply with the process outlined in Section 151.070 Plan Review. 7. If the approved activities are expanded or additional activities or buildings are added, a Conditional Use Permit Amendment must first be approved. Motion To recommend denial of the requests, you may use the following motion as a guide: Template: Move to recommend denial of the CUP,for an Agricultural Entertainment Business for Country Sun Farms & Greenhouse on the entire 67 acres. Move to recommend denial of the rezoning from Rural Residential to Agricultural. Move to recommend denial of the CUP amendment request. ...(please site reasons for the recommendation) Approval To recommend approval of the requests, you may use the following motion as a guide: Motion Template: Move to recommend approval of the CUP for an Agricultural Entertainment Business ,for Country Sun Farms & Greenhouse on the entire 67 acres with the conditions identified in the staff report. Move to recommend approval of the rezoning from Rural Residential to Agricultural. Move to recommend approval of the CUP amendment request with the conditions identified in the staff report. ...(use staffs findings provided or cite your own) cc: Richard and Eileen Bergmann, applicants Keith'Bergmann ",1..c7 „ ,'.: r1+f-.•w,.. +• h(Y.k'FFt e:f r%:]it:'iii11'tiz,2F page s�r To whom it may concern: After recent discussions with City Staff,I have prepared some additional maps of Country Sun Farm's layout,to better describe the activities taking place at Countiy Sun Farris. First,we are actually asking about two different issues with respect to what we are requesting on our CUP requests. First we would like to place additional property which _.... we own into our CUP as the highway 36, Lake Elmo Ave. intersection plans we have been looking at with.the city, county and state, essentially wipe out a large portion of our property which is currently in CUP. Basically, when.the project goes through, our greenhouse growing range, com maze, and most of our petting zoo area will be part of a road system. It is for.these reasons that we are requesting to add the additional land under our CUP so that when.the time comes, we can make plans with the city on how to best move some of these activities from one location to another. We would like to do this at this time, and not wait for the roads to actually start pushing there way through, so that we can make better plans and preparations as we await this projects arrival and completion. Secondly, we are asking that we be placed under the Agricultural Entertainment Business category,as it was brought to our attention that this new category was created to basically address businesses such as ours. Our current CUP does not outline very well what we are and are not allowed to do on the property, and it would seem that what we have previously been allowed to do would fit very well into this new category. Essentially we are not asking that we change anything other than to categorize our business as something which the city has recently so well defined. Finally,the maps included: The red highlighted area shows our existing area under the current CUP. Within this area,we grow field crops,house and care for livestock., and raise flowers. Our fall hayrides also drive around this area and show people our fields and animals, and Halloween decorations which we seasonally put up and take down. The orange highlighted area shows where on the property we have activities and decorations for the public to walk around at their leisure and explore. Included in this area is our haunted house (which is only viewed from the outside),our petting zoo,our corn maze,the loading and unloading area for the hay ride, and area for kids activities and games. The blue highlighted area depicts the property which we are asking be placed under our current CUP. The plans for this area would be to move some or all of the existing activities from the orange area to this location depending on what is done with the highway 36,Lake Elm Ave. intersection project. Also,the greenhouse growing range, and some parking area would possibly have to be moved due to the road project. Finally, the hayrides would drive through fields in this area as the pick up and drop off location for the hayride would possibly also need to be moved. The green highlighted area shows property owned by Country Sun Farm which will be maintained as a buffer area between the activities taking place at Country Sun Farm, and newly built houses in recently added developments. This land is currently in the Minnesota.Land Trust, and has been set aside to perpetuate and maintain its current green space and natural elements and features. n IJsa 0;, ':-ii Mell wr Lila WO, j7 ol A,'M �z2fg -44 o % rr --jpm T,,'ZIR 71%P.P! Mw AS -.y kz aw yj 4.0 Mp. 4q, 17 '4 gw �M1111" vo Al,L", jg� pi N2. A TRW M.. Z, ORM-7- Ff Z.4 gon ........... OWj. A ­7 am. .7�7X Z", Mll le 4,, .......... F t I................"lli.::::: ID 0, 0z"MW -5, it i ......... Vl W1, 14............ 13 ta Oa-J�Qk, �C-rv,-J- Ccec�- Aro r"I lip aED t AUG 0 2009 r ' �J a '� c� •nb � �fi. 9•s s'sF.oa..� N. 1.57 1 1 �� � 4k� >- k-��f- P " [c r"sYtta',u�' •.`•yYeiw�AS,'�'�r ,� � A NO ,a. { �" :�,s � 0. d '� rk� t� Mf k 3. � i �4rr•;� ' + tArs' Sw, 4 i3,e ' � � _r�, _ � t � R a Al x 9 z r 'Al]���r✓ E sY�'k � �:. ��,,,� Av,y - vs,3, 1 tnki`i- g } lo t z t r ti a` Ass Rw Vj a a= t e '� •, t I + �� F I r a i >�t a �'4 - °a^x "`n�^:T• ti: �GYM'' �0 2 `% ', r `� �I� �a. z A��,�� �xt .: 1.� �15 SOD 1-7 yk �\ C7 All yl �77 t r� i mo,"kA"rzso,, Minnesota Department of Transportation Metropolitan District Qo Waters Edge 1500 West County Road B-2 Roseville, MN 55113-3174 iS tw: E t 4 . �. r September 15,2009 SEP 1 Mr. Kyle Klatt ��� Planning Director City of LakeElmo f , , 3 800 Laverne Avenue North Lake Elmo,MN 55042 SUBJECT: Country Sun Farm and Garden Center (Mn/DOT) Review#S09-034 SE Quadrant of TH 36 and Lake Elmo Ave(CR 17) Lake Elmo/Washington County Control Section.8204 Dear Mr.Klatt: The Minnesota Department of Transportation(Mn/DOT) has reviewed the above referenced site plan. please address the following comments before any further development: Mn/DOT supports the owner's plan for parking expansion. This should provide enough parking on site accessibility to eliminate the need for parking on.the TH 36 shoulder,which has serious safety concerns. Currently,the property has right-in right-out access offTH36 as well as reasonable access off CSAH 17. Washington County has been reviewing concepts for a potential interchange at Lake Elmo Ave(CSAH17)/TH36 in the future. A future interchange at this location will impact this property and its current access locations. Water Resources: A Mn/DOT drainage permit will be required to ensure that current drainage rates to Mn/DOT right-of-way will not be increased. The additional parking area will add impervious surface, which could increase flow to Mn/DOT Right-of-Way. Also,with the current submittal it is unknown if any drainage work or grading is proposed on Mn/DOT Right-of-Way. The drainage permit application along with a current plan sheets,site.layout,and copies of the information listed below,should be submitted to: Minnesota Department of Transportation Metropolitan District-Permit Office 1500 W. County Road B-2 Roseville,MN 5511.3 The following information must be submitted with the drainage permit application: 1) A grading plan showing existing and proposed contours, 2) Drainage area maps for the proposed project showing existing and proposed drainage areas. Any off-site areas that drain to the project area should also be included in the drainage area maps. The direction of flow for each drainage area must be..indicated by arrows, 3) Drainage computations for pre and post construction conditions during the 2, 10,50 and 100 year rain events,and An equal opportunity employer 4) An electronic copy of any computer modeling used for the drainage computations. Please direct questions concerning drainage issues to Bryce Fossand(651-234-7529)or (bry_ce.fossand@dot.state.mn.us)of Mn/DOT's Water.Resources section. Permits: As noted previous,a drainage permit is required. Further, any work that impacts Mn/DOT right- of-way will require a permit. Permit forms are available from:MnDOT's utility website at http://www.dot.state.mn.us/utiliN forms/index.html Please include 1 full size plan set and 1 l 1x17 plan set for each application. Please direct any questions regarding permit requirements to Buck Craig,MuDOT's Metro Permits Section,at(651)234-7911. As a reminder, please address all initial future correspondence for development activity such as plats and site plans to: Development Reviews Mn/DOT-Metro Division Waters Edge 1500 West County Road B-2 Roseville,Minnesota 551.13 Mn/DOT document submittal guidelines require either: 1. One(1)electronic pdf.version of the plans(the electronic version of the plan needs to be developed for 1 i"x 17"printable format with sufficient detail so that all.features are legible); 2. Seven(7)sets of frill.size plans. If submitting the plans electronically, please use the pd£ format. Mn/DOT can accept the plans via e-mail at metrodevreviews@,state.mn.us provided that each separate e-mail. is less than 20 megabytes. Otherwise,the plans can he submitted on a compact disk. If you have any questions regarding this review please feel free to contact me at(651)234-7792. r Sincerely, Son P. Solberg f Senior Planner Copy via Groupwise to: Ann Braden Richard Scarrow Adam Josephson Buck Craig Douglas Nelson Wayne Lemaniak Tod Sherman Bryce Fossand RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY , MINNESOTA A RESOLUTION GRANTING A CONDITIONAL USE .PERMIT TO Richard Bergmann - Berry Farm Greenhouse. FOR Greenhouse and, sales lot IN THE AG ZONING DISTRICT FROM JANUARY 1, 198 3 through DECEMBER 31, 1983 WHEREAS , Richard Bergman has applied for a Conditional Use Permit fora Greenhouse & sales lot on S 534. 9 ft of the N 925. 9 ft of the W l 2, of the NCB" 1 4 o-f Sec. 1. T 29 . 'R21W. at 5833 Lake Elmo Ave. N in the City of Lake .Elmo from January 1, 198 3 through December 31 , 198 3 and has submitted all required information and fees for the application for such permit; and, WHEREAS , Section 301. 070 D. 1. b. (1) and (5) of the Municipal Code of Lake Elmo requires a Conditional Use Permit to operate a areenhou'se and sales lot in the City of Lake Elmo; and, WHEREAS , Sections 301.130 C. D. E. F. G. of the Municipal Code of Lake Elmo sets forth the conditions under -�ihich said permit may be granted and such use permitted; and, WHEREAS , the applicant meets or exceeds all the conditions set forth above; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, THAT, the Conditional Use Permit for a greenhouse and sales lot at 5833 Lake Elmo Ave N. is hereby granted to Richard Bergman from January 1 , 198 3 through December 31 , 198 3 subject to the following conditions : .iii R-83-8 J This Conditional Use Permit may be rescinded, after a 2 week notice and a public hearing , if the City Council finds that the public health , safety, or welfare is jeopordzed. ADOPTED, this the 4th day of January , 198 3 by the City Council of the City of Lake Elmo , Washington County , Minnesota Signed: Mayna L. Eder, Mayor Attest : Laurence E. Whittaker City Administrator f ? CITY OF LAKE ELMO f WASHINGTON, COUNTY, MRS NESOTA RESOLUTION NO.2004499 A RESOLUTION AMENDING THE COUNTRY SUN FARM GREENHOUSE CONDITIONAL USE PERMIT AND APPROVING THE SECTION 520 SITE PLAN WHEREAS,Richard Bergman, Country Sun Farm Greenhouses, at 11211 60,' Street North,has made application to amend their Conditional Use Permit to add green house structures of 1,920 square feet(each)to either end(east and west)of the existing retail structure. WHEREAS, at its April 26, 2004 meeting, the Planning Commission recommended approval of Richard Bergman's request to amend the Conditional Use Permit for the addition of two green houses at Country Sun Farm based on the following Findings: 1. Although the additional growing function at this facility may also result in additional retail function,the traffic safety concern is mitigated by the traffic light that is about to be installed at Highway 36 and Lake Elmo Avenue. 2. The planned addition to the facility will be used as a growing space, though it may have a duplicate retail use 3. The applicants are a family whose business is deeply rooted in agriculture. They are trying to pass on an agricultural business from one generation to another,and with the hope to pass it on t the next generation in the future. Their business is primarily growing and the sale of agricultural products grown on site. WHEREAS, at its May 4, 2004 meeting, the Lake Elmo City Council reviewed the application for a Section 520 Site Plan amendment of Richard Bergmann and Country Sun Farm,plans staff dated April 22, 2004. NOW, THEREFORE,BE IT RESOLVED;that the Lake Elmo City Council approves the application of Richard Bergman, Country Sun Farm Green houses,to amend the Conditional Use Permit and Site Plan for two additions to the retail sales building of approximately 2,000 square feet each,per plans staff dated April 22, 2004, and based on the Findings recommended by the Planning Commission. - - DOPED bylhetake Elrimo-City-Coiincil on the 4t' day of May, 2004. Lee Hunt, Mayor ATTEST: f .. Char es E. Dillerud Acting City Administrator Planning Commission Date: 11/23/09 PUBLIC HEARING Item:4e ITEM: Proposed Revisions to the Buffer Setbacks in Open Space Preservation (OP)Developments SUBMITTED BY: Kelli Matzek,Planner REVIEWED BY: Kyle Klatt,Planning Director The City Council discussed the buffer setbacks recommended by the commission at their November 10"'workshop. With two minor exceptions,the Council found the commission's recommendations appropriate. The following chart identifies the recommended buffer setbacks, with the few changes recommended by the City Council in bold(the N/A's were previously"0"). Recommended Buffer Setbacks in OP Developments(in feet) North South West East Exception Ede ` Edge Ede Ede Parcel St. Croix's Sanctuary 200 50 50 100 Discover Crossing 200 100 50 100 Whistling Valley I 25 200 N/A N/A Whistling Valley 11 25 100 85 N/A Whistling Valley III 50 100 100 NIA Farms of Lake Elmo 100 50 100 25 Prairie Hamlet 200 50 50 100 Fields of St. Croix 1 50 N/A 1200 100 Fields of St. Croix 11 N/A 200 200 N/A N/A The Homestead 50 50 200 50 Tapestry at Charlotte's Grove 50 50 200 50 100 Tamarack Farm Estates 100 100 100 1.00 Sunfish Ponds 100 100 100 200 Hamlet on Sunfish Lake 50 100 50 50 Cardinal Ridge 100 200 50 1 50 Wildflower Shores 100 200 100 200 Heritage Farms 50 N/A N/A 50 N/A Already Approved by Council;Resolution 2009-033 Not Not 50 50 Tana Ridge addressed addressed 50; except Lot 9, Not : Not 50 Block 5 i addressed addressed Parkview Estates use 20 ft Additional Setback In addition to the minor suggested changes by the Council for setbacks in the Whistling Valley I and II developments,there was a discussion regarding placing an additional, second setback. This additional setback was discussed as a way to limit structures over a certain height with the intention of requiring the homes to be built closer to the road. This would reduce or eliminate new homes from being built further back on the lot and limiting or eliminating area in the rear yard for future accessory buildings. ACTION REQUESTED- The Planning Commission is being asked to review recommended buffer setbacks for additional OP developments and to provide a recommendation to the City Council for future action. ADDITIONAL INFORMATION: o In an effort to address denied building permits due solely to the buffer setback, on July 7, 2009, the City Council approved resolution 2009-033 reducing buffer setbacks in the Tana Ridge and Parkview Estates development. Because both developments are zoned OP and not approved as a Conditional Use Permit, a public hearing was not required. Since then, the City Attorney has advised staff to proceed with revising buffer setbacks by ordinance, thus the Tana Ridge and Parkview Estates developments are included in the proposed action. o The Hidden Meadows development,while an OP development, was not evaluated at this time, as the final plat for the residential lots has not been approved. The buffer setbacks can be addressed for that development at the time of final plat approval. o Though not required, the city mailed notices to contact points for the Homeowner Associations of the various OP developments in addition to publishing the public hearing notice in the legal newspaper and on the city's website. o The variance discussed at a previous commission meeting regarding the Northwest corner lot(flag lot)in the Cardinal View development has been further researched. It was found that a building permit was issued on January 17th of 2001, a stop work letter was sent on March 1.5, 2001, and the Planning Commission denied the variance by Resolution 2001- 023. However, the applicant appealed the denial which was then overturned by the City Council at the time with the condition that the applicant must plant trees to provide screening. The Council minutes state that "The Council noted that the ordinance requiring the 100' setback might need to be changed." RECOMMENDATION: At this time, staff is asking the Planning Commission to review the buffer setbacks outlined above and to make an official recommendation to the City Council. ORDER OF BUSINESS: - Introduction.................................................................................Kelli Matzek,Planner - Report by staff.............................................................................Kelli Matzek,Planner - Questions from the Commission..................................Chair&Commission Members - Applicant Comments.............................................................................Chair facilitates - Questions of the Applicant...........................................Chair&Commission Members Openthe Public Hearing.......................................................................................Chair Closethe Public Hearing.......................................................................................Chair Callfor a motion..................................................................................Chair Facilitates Discussion of Commission on the motion............................................Chair Facilitates Action by the Planning Commission............................Chair&Commission Members Planning Commission Date: 11/23/09 AGENDA ITEM: Public Hearing on the 2010-2014 Capital Improvement Plan SUBMITTED BY: Tom Bouthilet, Finance Director REVIEWED BY: Bruce Messelt, City Administrat& SUMMARY AND ACTION REQUESTED: The Planning Commission is being asked to conduct a Public Hearing and subsequently approve the 2010-2014 Capital Improvement Plan. Mr_ Tom Bouthilet, the City's Finance Director, will be present to brief the Commission and assist as needed with the Public Hearing, Recommended Motion#1: To open and conduct a public hearing on the proposed 2010-2014 Capital Improvement Plan Recommended Motion #2: To close the public hearing on the proposed 2010-2014 CIP Recommended Motion#3: To forward the proposed 2010-2014 CIP and the comments received during this Public Hearing to the City Council for subsequent review, assessment and adoption. BACKGROUND: Attached, please find the 2010-2014 Capital Improvement Plan (CIP). MN State Statues views the Capital Improvement Plan as an element of the Comprehensive Plan, which requires a Public Hearing by the Planning Commission and subsequent formal adoption by the City Council. Consistent with State Statue a Notice of a November 23, 2009 Public Hearing was published in the City's official newspaper. The draft 2010-2014 CIP has been compiled by City staff, with input from the various agencies and departments, prioritized by the City Administration, initially reviewed and discussed by the City Council at a recent public Workshop, and formally reviewed and endorsed (with only minor changes) by the Parks Commission. ADDITIONAL INFORMATION: The purpose of a Capital Improvement Program is to provide a multi-year plan of major projects and related expenditures. It is intended to be used as a tool for identifying future infrastructure projects and to prevent duplication of projects (i.e. street reconstruction project followed in a subsequent year by a water main project). The CIP is also used as a long term financial guide to indentify expenditures and related funding sources. Major projects planned for 2010 includes City's share of the Jamaca Ave Roundabout $244,000 (primarily funded with MSA funds) along with a new City Well and Pumphouse #4 $855,000 (Enterprise Fund-MDH low interest loan). 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N `o o:co:a:�':�i:m m m as `m' p;mai pEo mmmAmmmm�' �„I �mmmmrommmro �UNr LL >"I »>3>SSSS `. �3 3�>s3s cif v)VO)V) ) mmm 0 Q r LL m LL V O N fp+7 N N C7 N O N O O N U U tU Lu O n J � � �CQy�J � UQ¢Y JJ G }Q a ccQ O QYQ F F W Z c ,� Q oQ z0w U z U LL w F-0 o� C ZF z 2 O9 n� (L UzWm z1U 10 C12 Z Uj nF L ZUaZ ZZ f So-�tn U]� 7r t1F�> Q�vFFF o0oao�Na�v,v>o�zw ur z� 0�z4�`�'iM YYh�jNJ��n�-} 000 � 00L z (1)u� ~i�u~iz�QaWF�Wzzzx2z� F 6, 1 ;O ys�n�0 a(Lzmxwo pU�0000— F y z ¢ mzz z zzz zzz zzzz zzzzz ax ix »»>��F ZZJJJ'L ifJa tLLL�zzzzQQQa>WWw ° aQQ¢aoa� v~ivFioi�caicQ�cQ�"ca»'<�J ww uj viQOYonnoQo4�� YYY LUWwn.o_azz�uZ2zzzz UOp���zzZ.ay?i Qi�-Qi�1-Qia c (C 4 E LU O t* �n �ENo m 0 iJ U n li Planning Commission Date: 11/23/09 Item: 5a Regular ITEM: Planning Commissioner Terns—Informational Item SUBMITTED BY: Kelli Matzek, City Planner REVIEWED BY: Kyle Klatt, Planning Director Sharon Lumby, City Clerk SUMMARY AND ACTION REQUESTED: Updated Commissioner Term Chart The city code states that a Planning Commissioner's term shall last for three years and a voting member can serve two consecutive terms. All appointments will expire on December 3 1"of a given year. Below is a chart identifying the expiration of term for each commissioner and if a commissioner is eligible to reapply for a three year term. Commissioner Term Expires Eligible to reapply for 3 year term Joan Ziertman 12/31/2009 Yes, (Serving 1 year teen as FVM;could serve two additional three year terms as FVM) Brenda Anderson(1't Term) 12/31/2010 Yes Greg Hall (I'Term) 12/31/2010 Yes Laurie McGinnis(0 Term) 12/31/2010 Yes Thomas Bidon (finish Todd 12/31/2010 Yes, (was alternate,could serve two additional three Ptacek's term) year terms as FVM) Robert Van Zandt(2"d term) 12/31/2010 No, (could.not serve again consecutively as a FVM, unless approved so by Council) Julie Fliflet(2"d Term) 12/31/2011 : No, (reappointed to 2"d tern in Jan 2009;could not serve again consecutively as FVM,unless approved so by Council) Mike Pearson (1'Term) 12/31/2011 Yes, (was alternate,became FVM in Jan 2009) Saleh Van Erem(IS'Term) 12/31/2011 Yes Steve Britz (ls{Alt.) Todd Williams (2d Alt. Commissioner Ziertman's term is expiring at the end of this year as she is finishing the term of a previous commissioner. Therefore,this is not considered her first full"term." The City Council will consider her reappointment, if she so chooses, at their December 15th meeting.