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HomeMy WebLinkAbout4c - MYP ZTA1 STAFF REPORT DATE: 12/11/2023 Item#: 4c – Public Hearing Motion TO: Planning Commission FROM: Sophia Jensen, City Planner AGENDA ITEM: Agriculture Zoning District Uses – MYP Landscape Supply BACKGROUND: MYP Landscape Supply located at 9591 60th St (PID 03.029.21.12.0001) has requested a zoning text amendment to the agricultural zoning district. The request is to include yard waste recycling and landscape supply as conditional uses to Table 9-1. As part of this request, City Staff has reviewed adjacent Cities regulations and is recommending adding definitions as part of this proposed amendment. Since 1988, the site has been under a conditional use permit for an open sales lot and has engaged in the sale of stone and landscape supplies. The current proposal is to add “landscape supply, wholesale” into the official list of uses for the Agriculture zoning district. The City Code currently defines “garden center” but that only applies to nurseries or lawn and garden centers. While MYP may sell similar garden center items such as trees, shrubs, and plant material, they also sell other items, which include rock, stone, pavers, and gravel which is outside the scope of garden centers and a unique business within the City. In order to operate, update, or expand their business “landscape supply, wholesale” must be a defined use in the Agriculture zoning district. According to the narrative, the site already engages in yard waste recycling. This includes the acceptance of dirt, branches, stumps, and other organic items, which are then processed and resold or disposed of. To bring the site into compliance the yard waste recycling use must be added to city code or yard waste recycling activities must cease on the site. If the proposed text amendments are approved, MYP would then need to apply for a conditional use permit amendment which would require a public hearing and review by the Planning Commission and City Council. At that time, the City may add conditions it feels are necessary to mitigate concerns. They would also be required to get necessary recycling/waste permits from Washington County. ISSUE BEFORE THE PLANNING COMMISSION: The Planning Commission is being asked to hold a public hearing and make a recommendation to the City Council on the proposed agriculture zoning district amendments. PROPOSAL ANALYSIS: In addition to the suggested amendments submitted by MYP, City Staff reviewed adjacent cities ordinances and regulations. Given the unique nature of the business, not many cities had an exact landscape supply use definition. Forest Lake and Hugo were used as references for the yard waste recycling use definition. 2 City Staff also reviewed the request in relation to the purpose and intent of the agriculture zoning district and rural area development land use guidance. Below is the definition of the agriculture (A) zoning district from LEC 105.12.610(b) and the definition of rural area development (RAD) from the 2040 Comprehensive Plan. A: Agricultural District will apply to agricultural or undeveloped areas in the city, including any newly annexed areas. The purpose of the district is to allow for agricultural and other activities typically associated with agriculture, including non-farm dwellings at a density of one unit per 40 acres. Future residential development may occur at the aforementioned density or through the open-space preservation development process. These parcels are expected to be served by on-site wastewater treatment facilities. In addition, some limited agriculture-related businesses, such as wayside stands and outdoor recreation, are appropriate short-term or interim uses for this district. RAD: A large percentage of land in Lake Elmo falls within the Rural Area Development designation, including single-family detached homes, working farms and agricultural uses where land is undeveloped, cultivated in crops, or used for livestock. This designation includes open space developments that are developed, or may be developed, with clustered housing and may be served by a community septic system. Open space developments generally average more than 1 residential unit per 10 acres and include a dedicated open space protected through a conservation easement. This designation is inclusive of large-lot rural single-family detached residential uses and future conventional subdivision. Density across this land use designation is planned to maintain maximum densities of 1 residential dwelling unit per 10 acres. This land use designation is limited to areas not within the MUSA planning areas. In order for the zoning text amendment to be approved, the City must find: 1. The proposed uses are consistent with the Agriculture Zoning District; and 2. The proposed uses are consistent with the Future Land Use Definition in the City’s Comprehensive Plan. PROPOSED TEXT AMENDMENT LANGUAGE: Proposed amendments are attached. PUBLIC HEARING: A public hearing was sent to surrounding property owners on November 29th 2023 and published in the City’s official newspaper on December 1st 2023. No public comment has been received. FISCAL IMPACT: None. OPTIONS: • Recommend approval of the proposed amendments. • Recommend changes to the proposed amendments. • Recommend denial of the proposed amendments. RECCOMENDATION: Staff recommends the Planning Commission recommend approval of the proposed text amendment as presented by Staff” “Move to recommend adoption of the proposed text amendment to Section 105.12.620 Table 9-1 and Section 105.12.110 Zoning Use Types and Classifications as presented by City Staff” 3 ATTACHMENTS: • Proposed Text Amendments • Site Location Map • Existing City Code Language • MYP Zoning Text Amendment Application and Narrative Proposed language is underlined in blue text. Deleted language is shown with a strikethrough. 105.12.110 Zoning Use Types and Classifications (9) Agricultural and related uses. Agricultural entertainment business means an agricultural sales business 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 production means establishments engaged in the production of crops, plants or vines, including agro forestry, or establishments which are engaged in the keeping, grazing, or feeding of livestock for sale, value increase, or livestock increase. Agricultural sales business means the retail sale of fresh fruits, vegetables, flowers, herbs, trees, or other agricultural, floricultural, or horticultural products. The operation may be indoors or outdoors, include pick-your-own or cut-your-own opportunities, and may involve the ancillary sale of items considered accessory to the agricultural products being sold or 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 percent 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 agricultural sales business. Agricultural services means establishments that perform services which support or assist the agricultural community, such as soil preparation services, crop services, farm management services, or breeding services on a fee or contract basis, along with experimental farms for research or educational purposes. This category is intended to apply where agricultural land is located, and may include buildings and other structures that provide office, warehouse, and storage areas for these establishments. Agricultural support means establishments engaged in farm equipment sales and repair, farm produce sales and supply (feed grain, elevators) and small-scale farm product processing, such as cider mills, dairies, poultry or meat processing. Forestry operations means the use of land for the raising and harvesting of timber, pulpwood or other forestry products for commercial purposes, including the temporary operation of a sawmill and/or chipper or grinder to process the timber cut from that parcel or contiguous parcels. Excluded from this definition shall be the cutting of timber associated with land development approved by the city which shall be considered accessory to the development of the property. Greenhouse, non-retail, means a building or structure constructed chiefly of glass, glasslike or translucent material, cloth, or lath, which is devoted to the protection or cultivation of flowers or other tender plants. Wayside stand means 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, which is clearly a secondary use of the premises and does not change the character thereof. Landscape Supply, Wholesale. means an establishment that sells landscape related materials for commercial, residential, or agricultural purposes. This use may feature an open sales lot, which allows for the display and sale of bulk items such as soil, mulch, compost, stone, rocks, shrubs, trees, and items of the like. This use can be made compatible with surrounding areas through landscape screening and through separation required by yard and height limitations. Yard Waste Recycling. means a designated area where organic waste materials, such as leaves, grass clippings, branches, brush, tree stumps, tree waste, and the like, are collected, processed, and managed on a large scale. This facility may include composting operations and storage areas for segregated waste materials. This use can be made compatible with surrounding areas through landscape screening and through separation required by yard and height limitations. 105.12.620 Table 9-1 Permitted Conditional and Interim Uses, Rural Districts Table 9-1 lists all permitted, conditional, and interim uses allowed in the rural districts. "P" indicates a permitted use, "C" a conditional use, and "I" an interim use. Uses not so indicated shall be considered prohibited. Cross-references listed in the table under "Standard" indicate the location within this section of specific development standards that apply to the listed use. Combinations of uses. Principal and accessory uses may be combined on a single parcel. Table 9-1: Permitted, Conditional, and Interim Uses, Rural Districts RT A RR RS RE Standard Residential Uses Household living Single-family detached dwelling P P P P P LEC 105.12.650(a) Secondary dwelling - P - - - LEC 105.12.650(d) Services Self service storage facility Ia Ia - - - LEC 105.12.650(g) Outdoor Recreation Outdoor recreation facility - C - - - LEC 105.12.540(c) Parks and open areas P P P P P LEC 105.12.110(b)(7) Restricted recreation - C - - - LEC 105.12.540(b) Agricultural and Related Uses Agricultural entertainment business I I I - - LEC 105.12.1420 Agricultural production P P P - - LEC 105.12.110(b)(9) Agricultural sales business I I I - - LEC 105.12.1410 Agricultural services C C - - - LEC 105.12.650(j) Forestry operations - P - - - LEC 105.12.110(b)(9) Greenhouses, non-retail C C C - - LEC 105.12.110(b)(9) Solar farm I C C - - LEC 105.12.1440 Wayside stand P P P - - LEC 105.12.110(b)(9) Landscape Supply, Wholesale - C - - - LEC 105.12.110(b)(9) Yard Waste Recycling - C - - - LEC 105.12.110(b)(9) Industrial and Extractive Uses Motor freight and warehousing Ia - - - - LEC 105.12.650(g) Environmental Uses Wind Generator - Ground Mounted C C C C C LEC 105.12.560(b) Wind Generator - Roof/Structure Mounted C C C C C LEC 105.12.560(b) Accessory Uses Bed and breakfast P P P P P LEC 105.12.570 Domestic pets P P P P P LEC 105.12.110(b)(13) Family day care P P P P P LEC 105.12.110(b)(13) Home occupation P P P P P LEC 105.12.110(b)(13) Kennel, private C C C - - LEC 105.12.110(b)(13) Solar energy systems P P P P P LEC 105.04.220(c) Stable, private C C C - - LEC 105.12.110(b)(13) Swimming pools, hot tubs, etc. P P P P P LEC 105.08.160 Temporary sales P P P P P LEC 105.12.110(b)(13) Water-oriented accessory structures P P P P P LEC 105.12.1230 Wind Generator - Ground Mounted C C C C C LEC 105.12.560(b) Wind Generator - Roof/Structure Mounted C C C C C LEC 105.12.560(b) Other structures typically incidental and clearly subordinate to permitted uses P P P P P Commercial wedding ceremony venue I I I - - LEC 105.04.220(d) Farm Schools, Public and Private I C C C C 105.12.510 Open space preservation development OP development - C C - - Ch. 105.12, Art. XVII Notes to rural districts Table 9-1: a. One dwelling unit per 40 acres applies to all non-farm dwellings. In additional to non-farm dwellings (one per 40 acres), each farm is allowed one farm dwelling per farm. b. Nominal 40 acres: A 40-acre parcel not reduced by more than ten percent due to road rights-of-way and survey variations. c. Nominal ten acres: A ten-acre parcel not reduced by more than ten percent and/or a ten-acre parcel located on a corner or abutting a street on two sides not reduced by more than 15 percent due to road rights-of-way and survey variations. d. The minimum lot size for lots served by public sanitary sewer shall be 24,000 square feet per residential unit. e. A minimum of 1.25 acres of land above the floodplain or free of any drainage easements is required. f. Lots must be configured to contain a circle with a diameter of 250 feet minimum; the ratio of lot length to width shall be a maximum of 3:1. Flag lots are prohibited. g. Corner properties: The side facade of a corner building adjoining a public street shall maintain the front setback of the adjacent property fronting upon the same public street, or the required front yard setback, whichever is less. If no structure exists on the adjacent property, the setback shall be as shown in the table. h. Setback standards do not apply to solar farms. LEC 105.12.1470 should be referenced for these specific standards. Highway36 Highway36 60THSTN 36 36 36 36 57THSTN 55THSTNHighway36 Highway36 60THSTN 36 36 9784 9275 9719 9747 9481 9568 9612 9496 9585 9940 9597 9591 ArcGIS Web AppBuilder Parcels Sections Municipals DNR Protected Waters ID 11/29/2023, 9:02:28 AM 0 0.05 0.10.03 mi 0 0.09 0.170.04 km 1:4,514 Washington County, MN | 1 ZONING TEXT AMENDMENT APPLICATION – NARRATIVE The property MYP Landscape Supply is located on falls in the A - Agricultural District as shown on the Zoning Map which is dated as having been updated in May 2023. The Municipal Code for this Zone does not contain any language allowing for certain operations that MYP is already actively conducting on the property and would like to continue with, so we seek to amend the code. The City of Lake Elmo and Washington County are both aware of said operations. MYP’s full intention is to work with the City, ideally to modify the current language and incorporate the new land use designations and standards which would then allow for the proper Conditional Use Permit to be applied for. If the proposed amendments are approved/adopted, then MYP will finish the steps with the County necessary to gain proper licensing and permitting as a waste recycling facility. MYP is currently conducting retail and wholesale landscape material sales, delivery of products, and recycling of yard waste materials. We accept grass clippings, leaves, brush, stumps, excavated soils, and old landscape rock. These items are all processed via screening, grinding, and composting and are able to be resold after as materials to be reused to create or maintain new or existing landscapes and features. Since moving onto the property in 2018, MYP has strived to create a resource to Lake Elmo residents and contractors as well as many others located in surrounding communities. The company currently has the municipalities of Lake Elmo, Mahtomedi, and Oak Park Heights all utilizing the disposal/recycling services it provides. MYP has worked to create an outlet/inlet for all things landscape and earthwork related that can benefit many for years to come. Our goal is to work in concert with the City to maintain MYP as a supply resource, source of income for both the City and County, as well as an additional source for employment in the area. Since its beginning, MYP has worked hard to communicate with our neighbors to ensure that we are not a bother and we strive to maintain that relationship and expand upon it. The amendment to the code and addition of the land uses as submitted in the document/attachment referenced as “Proposed Amendments-Changes”, will (if approved/adopted as submitted or similarly) then allow for MYP to apply for a Conditional Use Permit that will allow the company to legally operate within the City’s code and standards and continue the desired operations to benefit the company and community into the future. The property is self sufficient in regard to water being via well and waste is handled by an onsite septic MYP Landscape Supply, LLC 9591 60th St. N. Lake Elmo, MN 55042 Office: 651.706.0695 Fax: 651.739.9992 info@myplandscapesupply.com www.myplandscapesupply.com 2 system. We foresee no public cost or infrastructure regarding utilities is required or affected by the requested amendment(s). In reviewing the City’s 2040 Comprehensive Plan, we see no direct conflicts and feel that the amendments as requested and operations at MYP will actually fit well and can aid in some areas. Focusing on mainly Chapter 3: Land Use, we will note the areas that we feel pertain or are related to the topic and this amendment request. Page referenced numbers below are all from Chapter 3 of the 2040 Comprehensive Plan: • Page 42 states “New Future Land Use designations will allow for a better response to market conditions and will allow greater options in land use choices.” *This amendment will allow for those greater options • Page 49 states “Plan for local infrastructure needs including those needed to support future growth.” *The relation to this statement depends on how you define “Infrastructure”. Typically, it refers to simply public utilities and roadways, etc. But a broader view of the term has looked at it being defined as "the physical components of interrelated systems providing commodities and services essential to enable, sustain, or enhance societal living conditions" and maintain the surrounding environment.” *MYP feels it can be a great benefit by contributing to the availability of necessary and desired commodities and services it can provide to the community. • Page 54 addresses “Phasing & Staged Growth” and states “The majority of the City’s growth in households and employment is anticipated to occur within the designated MUSA boundaries; however, there will be some continued development in the rural residential areas of the community consistent with the community’s land use designations.” Also stated on this page is “The City’s objective is to plan for phased, contiguous growth to ensure adequate infrastructure and capacity are available to support development.” *The current land use designations do not list or allow for the operations MYP is conducting and the proposed amendment would then fit into this by incorporating those uses as new in the code. In addition, once the uses fit into the City’s code, MYP would be able to continue operations and provide a resource to the growing community as a supplier who can support infrastructure needs as well as provide services and products the growth requires. • Page 66 addresses “Additional Objectives of Future Land Uses” and states “Equally important to the planned land uses, densities and projections is the commitment to maintain open spaces, natural resources and parks and to promote opportunities to provide healthy, vibrant, resilient neighborhoods.” *MYP can help facilitate this by providing a place for residents and contractors (as well as the City itself) to properly dispose of waste materials and allow for them to be recycled. By providing a local, convenient, and economical way for materials to be handled, MYP provides an opportunity to help reduce or eliminate improper disposal/illegal dumping of materials. Improper handling can create environmental issues whether on a single property or potentially wider reaching impacts. • Page 67 addresses land use and the City’s commitment to the community to promote good health via parks and outdoor activities. *MYP can contribute, albeit in a small way, to the overall goal of improving health by virtue of the exercise its customers get doing the work necessary to use its sold products or generate the yard waste it accepts. 3 • Page 68 addresses the City’s commitment to preservation of it’s natural resources. *MYP can contribute in the same way as above regarding proper disposal and reduction or elimination of the impacts of improper disposal methods. • Page 69 addresses “Access and Transportation”. *MYP feels it does and will not negatively affect any traffic patterns or create any noticeable additional traffic on any County or City roads or streets. With access directly from TH36 and the traffic pattern and control changes that were made in the summer of 2022, MYP’s location is well suited to avoid causing any issues traffic wise. • Page 70 addresses Solar Access. *It is very clear that the City of Lake Elmo has high standards in regard to protecting our environment and natural resources as well as finding and improving upon ways to have more positive impacts on them. MYP sees itself aligned with similar goals, our recycling program, as previously stated in this narrative, can benefit the local environment and the products sold (both new and recycled) improve the landscapes and environments present in the area. If MYP is allowed to continue operating at our current location, we would entertain installation of solar infrastructure on the property if it was feasible and would aid the city in its future goals of reducing environmental impacts within its boundaries. PLEASE REFER TO ATTACHED MAPS (LABELED/NAMED TO MATCH AS REFERRED TO BELOW): • 2017 OVERHEAD: This map provided to show the property as it was when owned and resided upon by the previous owner. The orange outlined area shows the current footprint of MYP which, in relation to open area, is not much different. • 2018 OVERHEAD: This map shows some changes that were made to the property once MYP had moved in. The old pre-existing railroad tie bins were rotten and falling apart so they were replaced with new concrete bin blocks to properly contain bulk rock, mulch and soil and keep things neat and orderly. The old railroad ties were disposed of in the proper way at a demolition disposal site. Some minor clearing of some trees that were in the Southeast corner of the open area of the property were removed at this time as well. The weed/prairie grass covered hillside had not been disturbed yet at this time other than a small area to the Southwest of the large shop building. That was regraded to stop some erosion that was occurring and to facilitate a boulder wall that was installed in 2019 to stabilize that hillside and allow for the area above to be returned to flat as it was prior to the regrading and wall install. • 2019 OVERHEAD: This map shows the beginings of MYP’s yard waste recycling and soil screening operations. The are that was weeds/prairie grass has now gone to soil with the traffic and piles in the area. This area was worked a little to make sure that the runoff from that area is managed and routed through the property with other areas which continued to drain as they always had before. *As noted on the map, the hoop houses seen in the area of the recycling/processing were removed in 2022 and are no longer on the property. • 2020 OVERHEAD: This map shows the area used for recycling/processing has grown slightly as accepted materials built up. These piles were not being left alone and were being processed and worked daily to maintain a stock of screened soils, ground mulch, and mixed compost/soils. This map also shows a large number of dump trucks and semis MYP’s 4 sister company Valdes had begun to store on the property. After discussions with the city, Valdes found an alternative location to move all but a couple of trucks (which were left onsite as they were for delivering MYP products to customers) off the property. This map also shows the now removed hoop houses. • 2021 OVERHEAD: There is not much on this map to note as not many changes have occurred since the 2020 image. Again, the hoop houses are no longer on the property. The recycling/processing area is essentially the same size as it was in 2020. • 2022 OVERHEAD: This map shows a slight increase in the area used for recycling/processing. It has expanded slightly to cover the area where the hoop houses are now no longer shown. And a pile of material was now being stored further East than in previous years due to a large amount of processed materials needing to be staged for a large project. • 2023 OVERHEAD: This map is showing present day conditions and has the recycling/processing and landscape supply sales areas outlined with notes. *As it can be seen from the images, the overall footprint of MYP has not changed much from the overall footprint of the open space that existed prior to MYP. Screening has been maintained and left so as to be courteous and mindful of our neighbors and reduce or eliminate any disturbance or annoyance to them. From the moment MYP moved in, we began to work at contacting and meeting with neighboring property owners that we felt we may impact possibly. Our goal from day one was to work in harmony with our surrounding neighbors so that all can benefit. In closing, we appreciate the City taking this application under consideration and look forward to hearing back on the decision that is made on approving the changes requested. MYP has heard many positive comments from customer who have come through our yard (many from Lake Elmo and directly adjacent communities) stating how much they love having a place like ours to go locally. There are other landscape supply yards within a very short distance, but we have consistently heard positive feedback that our pricing is very competitive, our service is great, our delivery charges are very fair, and the convenience of being a place to recycle or dispose of yard waste materials is appreciated. On behalf of the company owners, Joe (Yoleisy) and Yamile, we thank you for your time and consideration. Sincerely, Josh Peterson Manager MYP Landscape Supply jpeterson@myplandscapesupply.com Cell: 651-392-2785 1 ZONING TEXT AMENDMENT APPLICATION – REQUIREMENTS E & F * PROPOSED AMENDMENTS-CHANGES* MYP Landscape Supply requests to amend the City of Lake Elmo’s Municipal Code regarding Land Use language in the Agricultural Zone. We propose to amend the Article XI: Rural Districts portion of the code. Within Article XI, in 105.12.620 Permitted, Conditional, and Interim Uses, there is currently no use listed in Table 9-1 that would allow for the operation of a Landscape Supply Sales business, or a Yard Waste Recycling Facility. We seek to add those uses as shown below (Highlighted in Yellow w/ Red Font) in the copy of Table 9-1. 105.12.620 Permitted, Conditional, And Interim Uses Table 9-1 lists all permitted, conditional, and interim uses allowed in the rural districts. "P" indicates a permitted use, "C" a conditional use, and "I" an interim use. Uses not so indicated shall be considered prohibited. Cross-references listed in the table under "Standard" indicate the location within this section of specific development standards that apply to the listed use. Combinations of uses. Principal and accessory uses may be combined on a single parcel. Table 9-1: Permitted, Conditional, and Interim Uses, Rural Districts RT A RR RS RE Standard Residential Uses Household living Single-family detached dwelling P P P P P LEC 105.12.650(a) Secondary dwelling - P - - - LEC 105.12.650(d) Services Self service storage facility Ia Ia - - - LEC 105.12.650(g) MYP Landscape Supply, LLC 9591 60th St. N. Lake Elmo, MN 55042 Office: 651.706.0695 Fax: 651.739.9992 info@myplandscapesupply.com www.myplandscapesupply.com 2 Outdoor Recreation Outdoor recreation facility - C - - - LEC 105.12.540(c) Parks and open areas P P P P P LEC 105.12.110(b)(7) Restricted recreation - C - - - LEC 105.12.540(b) Agricultural and Related Uses Agricultural entertainment business I I I - - LEC 105.12.1420 Agricultural production P P P - - LEC 105.12.110(b)(9) Agricultural sales business I I I - - LEC 105.12.1410 Agricultural services C C - - - LEC 105.12.650(j) Forestry operations - P - - - LEC 105.12.110(b)(9) Greenhouses, non- retail C C C - - LEC 105.12.110(b)(9) Solar farm I C C - - LEC 105.12.1440 Wayside stand P P P - - LEC 105.12.110(b)(9) Industrial and Extractive Uses Motor freight and warehousing Ia - - - - LEC 105.12.650(g) Environmental Uses Wind Generator - Ground Mounted C C C C C LEC 105.12.560(b) Wind Generator - Roof/Structure Mounted C C C C C LEC 105.12.560(b) Accessory Uses Bed and breakfast P P P P P LEC 105.12.570 Domestic pets P P P P P LEC 105.12.110(b)(13) Family day care P P P P P LEC 105.12.110(b)(13) 3 Home occupation P P P P P LEC 105.12.110(b)(13) Kennel, private C C C - - LEC 105.12.110(b)(13) Solar energy systems P P P P P LEC 105.04.220(c) Stable, private C C C - - LEC 105.12.110(b)(13) Swimming pools, hot tubs, etc. P P P P P LEC 105.08.160 Temporary sales P P P P P LEC 105.12.110(b)(13) Water-oriented accessory structures P P P P P LEC 105.12.1230 Wind Generator - Ground Mounted C C C C C LEC 105.12.560(b) Wind Generator - Roof/Structure Mounted C C C C C LEC 105.12.560(b) Other structures typically incidental and clearly subordinate to permitted uses P P P P P Commercial wedding ceremony venue I I I - - LEC 105.04.220(d) Farm Schools, Public and Private I C C C C 105.12.510 Open space preservation development OP development - C C - - Ch. 105.12, Art. XVII *REQUESTED LAND USE ADDITIONS TO TABLE 9-1* Landscape Supply Sales C Yard Waste Recycling Facility C Notes to rural districts Table 9-1: 4 a. One dwelling unit per 40 acres applies to all non-farm dwellings. In additional to non-farm dwellings (one per 40 acres), each farm is allowed one farm dwelling per farm. b. Nominal 40 acres: A 40-acre parcel not reduced by more than ten percent due to road rights-of- way and survey variations. c. Nominal ten acres: A ten-acre parcel not reduced by more than ten percent and/or a ten-acre parcel located on a corner or abutting a street on two sides not reduced by more than 15 percent due to road rights-of-way and survey variations. d. The minimum lot size for lots served by public sanitary sewer shall be 24,000 square feet per residential unit. e. A minimum of 1.25 acres of land above the floodplain or free of any drainage easements is required. f. Lots must be configured to contain a circle with a diameter of 250 feet minimum; the ratio of lot length to width shall be a maximum of 3:1. Flag lots are prohibited. g. Corner properties: The side facade of a corner building adjoining a public street shall maintain the front setback of the adjacent property fronting upon the same public street, or the required front yard setback, whichever is less. If no structure exists on the adjacent property, the setback shall be as shown in the table. h. Setback standards do not apply to solar farms. LEC 105.12.1440 should be referenced for these specific standards. We propose to amend the code by adding two new land use categories. We have outlined what our intentions or desires are for use of the property and welcome the city to phrase this however they see fit in regard to proper legal language and terminology. LANDSCAPE SUPPLY SALES: Storage and/or sale of sand, soil, stone, screenings and other such garden and landscaping materials which stored in bulk, loose, unpackaged or palleted forms. Basically keeping an inventory of landscaping supplies for sale with both pickup and delivery options available to homeowners, contractors, and municipalities/public entities. YARD WASTE RECYCLING FACILITY: Acceptance of clean leaves, grass clippings, branches, logs, chips, soil, and any other natural materials which can be diverted from landfill disposal and can be processed and re-cycled for use again. Materials will be separated, screened, ground, and/or composted onsite and stored in bulk piles until sold and picked up or shipped to job/project sites. *Completed by Josh Peterson – Manager – MYP Landscape Supply, LLC