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HomeMy WebLinkAboutPZ minutes; 09-27-10APPROVED AS AMENDED; 11-8-10 Lake Elmo Planning Commission Minutes; 9-27-10 1 City of Lake Elmo Planning Commission Meeting Minutes of September 27, 2010 Chairman Van Zandt called to order the meeting of the Lake Elmo Planning Commission at 7:00 p.m. COMMISSIONERS PRESENT: Bidon, Fliflet, Hall, Pearson (7:04 P.M.), Pelletier, Van Erem, Van Zandt, Williams and Ziertman. Absent: Britz and McGinnis; STAFF PRESENT: Administrator Messelt, Planning Director Klatt, Planner Matzek, Attorney Snyder, Attorney Baker. Agenda M/S/P, Williams/Hall, move to approve as presented. Vote: 8:0. Minutes – None. Public Hearing – Zoning Text Amendment; Parking Requirements and Lot Line Setbacks in Village Area GB Zoned Properties Planning Director Klatt presented two ordinance amendments to the General Business District in the downtown Village Area. The first change would reduce the front and side yard setbacks to zero feet; the second would allow a waiver of parking requirements. He said this request is from the Lake Elmo Inn who wishes to add a permanent enclosed structure where the tent currently exists. He stated the proposed changes allow more flexibility in an area identified for walkable development in the Comprehensive Plan and therefore, staff recommends approval. PUBLIC HEARING OPENED AT 7:20 P.M. No one spoke. PUBLIC HEARING CLOSED AT 7:20 P.M. Commissioner Williams expressed concern with waiving the parking requirements as he has heard downtown businesses say they are negatively impacted from the lack of parking. Commissioner Pearson said the Lake Elmo Inn has the lion’s share of parking and asked if this waiver is fair to everyone. Administrator Messelt said there are some businesses that do have off-street parking. He said the main street parking is first-come, first-serve. He said in his year at the city, he has not heard of any parking issues in the downtown. Planning Director Klatt said the city had, at some point in the past, allowed diagonal parking. He said the Lake Elmo Inn was granted a variance to parking previously, but that the patio had not been counted at that time. He said the proposed text change would not allow a blanket waiver, but would be reviewed by city staff. APPROVED AS AMENDED; 11-8-10 Lake Elmo Planning Commission Minutes; 9-27-10 2 Administrator Messelt said the patio is an allowed use, but it becomes permanent with this change, therefore the parking was already there and needs to be officially counted. Commissioner Williams said a zoning text amendment applies to multiple properties, which needs to be considered. He said parking will get worse and asked why the Lake Elmo Inn couldn’t have a valet service. Administrator Messelt said there is sufficient downtown parking, it just may not be directly in front of the businesses. Commissioner Bidon said it is a disadvantage to new businesses if there is no parking available. M/S/P, Pearson/Fliflet, move to accept the proposed amendments with the added condition that the staff survey the businesses to determine if adequate parking is available currently. Vote: 8:1. Williams against. Public Hearing - Zoning Text Amendment – Agricultural Sales Ordinance Commissioner Ziertman asked to recuse herself due to perception of a possible conflict of interest. She stated if she chose to spoke, it would be as a resident and farmer. Administrator Messelt gave a brief timeline of related events back to December of 2009 regarding agricultural sales and agricultural entertainment. He introduced the three options for consideration: allowing sales of produce grown non-locally; removing any grown on premise condition; or elimination of all requirements, including agricultural entertainment uses, and relying on the state constitution regulations. Planning Director Klatt identified a new definition of greenhouse with clarification that the intent is to regulate those used for wholesaling as opposed to small private residential greenhouses. Commissioner Williams identified that a wayside stand calls for a temporary structure, but if it is a pick-your-own operation, there is no structure involved. Administrator Messelt suggested leaving it in agricultural sales or to make a wayside stand a permanent structure. Planning Director Klatt explained the details for option one and briefly described options two and three. He identified a section of code allowing non-conformities to continue the use if it was previously allowed. Commissioner Fliflet said the identified maximum floor area is limited to 20,000 square feet. She asked where this number came from and how big the Country Sun buildings currently are. APPROVED AS AMENDED; 11-8-10 Lake Elmo Planning Commission Minutes; 9-27-10 3 Planning Director Klatt said the number shows up in the limited business district. He is unaware of the size of the Country Sun buildings. Commissioner Williams suggested consistency throughout the sections. He said on page two under food producing farm operation, it says to “see farm, rural,” but he does not see a relationship between the two. He identified number nine on page four and asked if the ownership of property wording would exclude a single property owner from renting his or her land to non-owners for gardening. THE CHAIRMAN OPENED THE PUBLIC HEARING AT 8:26 P.M. Neil and Deb Krueger, 4452 Lake Elmo Ave N; Krueger’s Christmas Tree Farm Mr. Krueger said his biggest question is the Interim Use Permit as he does not know what that means, what the criteria for approval are, or who will be reviewing the permit applications. He recommended reducing the amount of land farmed, in the definition of “farmer,” from 75 acres to 10 and suggested tying it to the green acres program requirements. He suggested requiring certification that the produce, whatever it may be, is inspected for bugs and diseases before it is brought in from off-site. He identified the design and architectural standards on page eight and suggested they be more strict. He suggested simplifying the trips per day requirement and reducing the 100 foot buffer to twenty-five or thirty feet. He asked the commission to reconsider the exterior storage requirement as it is often difficult to always have equipment screened. John Krueger, Krueger’s son Mr. Kruger said he grew up on the Christmas tree farm still owned by his parents. He said he would like to take over the business eventually and encouraged the changes suggested by his parents. In addition, he asked the maximum floor size be clarified as it is not clear if that includes temporary structures. Cari Myhra; 456 Manning Avenue Ms. Myhre asked what the difference between a conditional use and an interim use. Attorney Snyder said a conditional use runs in perpetuity with the land, but an interim use runs with a defined period of time or until the conditions are not being met. Ms. Myhre asked if option two was already in effect. Administrator Messelt said the “on premise” language was only removed for wayside stands. Joan Ziertman; 5761 Keats Ave Mrs. Ziertman said she thought it would be odd to require a business to obtain two IUPs. She agreed with the Kruegers that the buffer required was too much and the definition of farmer should be changed to reduce the acreage. She pointed out that agricultural sales and agricultural entertainment businesses are allowed in the Rural Residential zoning district, but the requirement of forty acres for the use does not align with the ten acre minimum lot size in that district. She said in the event of a crop failure, a farmer will not APPROVED AS AMENDED; 11-8-10 Lake Elmo Planning Commission Minutes; 9-27-10 4 want to get an IUP as it would be for a single season. She suggested limiting the amount of produce that could be brought onto a site to be sold. Keith Bergmann, 5833 Lake Elmo Ave N Mr. Bergmann said the Country Sun Farm has approximately 30,000 square feet in retail sales with another 10,000 in green houses. Their site has far greater than 40,000 square feet in impervious surface. He asked if option one would allow Country Sun Farm to continue to operate in its existing use. Attorney Snyder said some uses may or may not qualify as lawful and preexisting to some degree, but the commission should not make individual judgments about particular properties. THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 8:52 P.M. Administrator Messelt summarized the comments and suggested changes. The commission recessed at 9:01 p.m. and reconvened at 9:07 p.m. Commissioner Pelletier said it would be reasonable to expect a higher traffic volume and additional impacts from an agricultural entertainment business than an agricultural sales site. She suggested a sliding scale for the amount of impact. Commissioner Fliflet suggested a quick permit process for last minute crop failure. Commissioner Hall suggested the storage of equipment is a safety issue and if it could not be kept inside, it should be sequestered by fencing. Commissioner Fliflet said the proposed language does not allow the sale of accessory items, but that ancillary items have been allowed for sale in the past and suggested continuing to allow it in moderation. Chairman Van Zandt asked for a straw vote on whether the produce type should be grown on site to allow it to be brought in from off-site. Commissioner Williams voted for. Six commissioners voted against. One abstained. Commissioner Ziertman remained recused from the commission. Chairman Van Zandt asked for a straw vote on whether produce brought in from off-site must be related to what is sold on site. Commissioners Pelletier and Bidon voted for it. The remaining commissioners voted against, again with Commissioner Ziertman not voting. Commissioner Pelletier said the location of the agricultural sales is important because more compact residential neighborhoods would not enjoy living adjacent to an ag business. APPROVED AS AMENDED; 11-8-10 Lake Elmo Planning Commission Minutes; 9-27-10 5 Chairman Van Zandt asked for a straw vote to allow an agricultural sales business on ten acres. Six commissioners voted for it. Commissioners Van Zandt and Fliflet did not vote. Commissioner Ziertman remained recused. M/S/P, Fliflet/Pelletier, move to recommend option one with the City Administrator’s summarized changes with direction to staff to keep the comment period open so when it is published in draft form, the public can continue to comment. Commissioner Pearson suggested the buffer be fifty feet for produce, but 100 feet for entertainment businesses. Commissioner Williams suggested different buffers for sales activity versus crops. Vote: 8:0. Updates Planning Director Klatt informed the commission that the City Council approved the Kennedy septic variance and the Subsurface Sewage Treatment System Ordinance at the September 21st meeting. The city will be turning over any new septic permits to Washington County as of October 1st. Administrator Messelt said the CUP application for the Cranky Ape Company was tabled. Staff is trying to work out an approach that meets some of the concerns expressed regarding the future guidance of the property as sewered residential development. Planning Director Klatt said the planning department went to the state conference in Mankato. Afterwards, staff spoke at their alma mater to students interested in planning careers. Adjournment: The meeting was adjourned at 9:56 P.M. Respectfully submitted, Kelli Matzek Planner