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HomeMy WebLinkAboutPC PACKET 08.10.23If you need accommodations for the Planning Commission meeting please contact Rachel Juba at (651) 762-6304 or rjuba@ci.hugo.mn.us, thank you. Agenda Hugo Planning Commission Thursday, August 10, 2023 Hugo City Hall 7:00 PM A. ROLL CALL: Andress, Arcand, Derr, Granger, Kelly, Kleissler, Lessard, Petty B. PLEDGE OF ALLEGIANCE C. APPROVAL OF MINUTES 1. July 13, 2023 D. PUBLIC HEARING 1. Minor Subdivision – Joseph and Lisa Gadbois, 8860 152nd Street North E. NEW BUSINESS F. OLD BUSINESS G. ADJOURNMENT Minutes for the Planning Commission Meeting of Thursday, July 13, 2023 Chair Kleissler called the meeting to order at 7:00 pm. PRESENT: Derr, Kelly, Kleissler, Lessard, Petty ABSENT: Andress, Arcand, Granger STAFF: Rachel Juba, Community Development Director Max Gort, Associate Planner Pledge of Allegiance. Approval of Minutes for the Planning Commission Meeting of February 23, 2023 Commissioner Derr made a motion, seconded by Commissioner Lessard, to approve the minutes for the Planning Commission meeting of February 23, 2023. All ayes. Motion carried. Public Hearing: Zoning Ordinance Amendment – Revisions to the section of City Code regulating solar farms. Staff gave background on the proposed revisions to the section of City Code regulating solar farms. The Planning Commission and City Council had both identified examining the ordinance as a goal for 2023 . Solar Farms are currently allowed under certain circumstances with an Interim Use Permit, for no more than 25 years. The City Council enacted a six-month moratorium on solar farm applications effective February 6, 2023, and extended the moratorium an additional six months on June 12, 2023. The City Council and Planning Commission held a joint workshop on March 23, 2023 to The consensus from the joint workshop was to revise the solar energy systems ordinance as it relates to solar farms with the Ordinance Review Committee (ORC). The ORC met three times and discusses changes that could address community concerns such as zoning and land use considerations, dimensional requirements, and aesthetic considerations. The ORC has proposed revisions to the performance standards for solar farms: an increase in setbacks from property lines to 100 feet, an increase in setbacks from public road rights of way and principal structures on adjacent dwellings to 200 feet, a requirement of landscaping for screening to consist of 6 foot tall vegetation, a requiremen t of a vegetation establishment and maintenance plan at the time of application, and a limitation on the size of solar farms to be no greater than 5 acres measured at the perimeter of the solar array. Additionally, the ORC proposed an addition to the conditions of approval section reading that additional setbacks may be recommended by the Planning Commission and imposed by the City Council. Commissioner Derr asked if the existing solar farm on 165th Street N would meet the proposed requirements. Community Development Director Juba states that it would. July 13, 2023 PC Minutes Page 2 Chair Kleissler opened the Public Hearing at 7:07 PM Evan Carlson of Enterprise Energy stated that he had previously applied for solar farm development, and that the proposed revisions would reduce develo pment capabilities on the specific property he was applying for. Carlson commented that the existing ordinance requires the time period for an IUP is set from the date of approval, but a gap is created from the approval date and the date that the solar farm begins generating energy. Carlson also commented that a setback of 75 feet from property lines instead of 100 feet would accommodate his proposal. Meriel McClintock, 7260 165th Street North states that she lives next to the existing solar farm, and expressed concern about trespassing, irregular patterns of maintenance, buzzing noises coming from the panels, and glare coming from the panels. McClintock commented that the City should consider requiring the entire property to be fenced rather than the so lar array itself. McClintock commented that there was an apparent transfer of ownership of the existing solar farm property of which the City needs to be made aware. McClintock commented that the placement of a solar farm on each property based on parcel size needs to be considered. Matt Stupnick of Cedar Creek Energy stated that he is working with the Lutz family on a proposed project. Stupnick commented that more intensive requirements could be imposed for screening, and that a restriction to 5 acres in size is too small. John Lutz, 8050 157th Street N, commented that the 5 acre size requirement is not large enough for farmers developing solar farms to earn revenue. Commissioner Lessard asks about the timing gap that Carlson addressed. Jub a stated that there is some flexibility, and that in the existing solar farm project the IUP time period was set to begin at the time of operation. Juba states that the time period from 1 to 25 years gives the City flexibility to implement the Comprehensive Plan, such as considering proximity to municipal water and sanitary sewer services. Commissioner Petty asks about the existing fencing requirement. Juba states that the developer is only required to fence the solar array, not the entire parcel. Commissioner Kelly asks if properties that have solar farms are taxed differently. Juba states that there is a commercial and industrial taxing element applied to solar farms. Stubnick asks how the 5 acre size limitation will be calculated per parcel. Juba states that the maximum allowed would be 5 acres per lot or parcel, and that property owners could subdivide to operate multiple 5 acre solar farms. Lutz asks if property owners can only develop one solar farm even if they own multiple properties. Juba states that property owners may own multiple parcels, and may build solar farms on each parcel so long as they meet all requirements. July 13, 2023 PC Minutes Page 3 Commissioner Petty states that with the 25 year limit, a quick land use change isn’t very realistic. No one else spoke. Chair Kleissler closed the Public Hearing at 7:45 PM. Commissioner Petty states that the language regarding the approval period of an IUP should specify that it begins at the time of operation. Commissioner Derr asks if owner/operator information is displayed. Juba says that such information being displayed is a requirement in the current ordinance. Derr asks about the process for documenting transfer of ownership with the City. Juba states that there is a process within the current ordinance, and that with the existing solar farm project the property was not sold but rather transferred to a different LLC. Commissioner Petty asks if the pollinator friendly plantings will be required to be mowed. Juba states that rural properties are not required to be mowed, but that we could require solar farm properties to do so case-by case. Chair Kleissler asks if there’s a difference between mowing and maintenance in the proposed ordinance. Juba states that the terms of the vegetation establishment and maintenance plan can be determined at the time of application. Commissioner Kelly asks which construction elements are placed underground. Carlson states that concrete and I-beams are placed underground as support structures. Commissioner Petty made a motion, seconded by Commissioner Lessard, to add language specifying that the IUP approval period begins at the time of operation, along with a motion to approve the amendments to the ordinance as proposed. All ayes. Motion carried. The zoning ordinance amendement will be presented at the City Council meeting on July 24th, 2023. New Business: Update on 2023 Planning Commission Goals Juba gave an update on what the Planning Commission can expect in the coming months, primariy a discussion on how to create a mixed-use zoning district, and determining the City’s approach to high- density residential apartment projects. Juba asks for a recommen dation to get authorization from the City Council for Staff to complete a work plan and start the ordinance revision process. Commissioner Petty made a motion, seconded by Commissioner Derr, to recommend to the City Council to authorize Staff to begin a work plan to review mixed use as a zoning district and the approach to apartments. July 13, 2023 PC Minutes Page 4 All ayes. Motion Carried. Old Business Juba states that there will not be a Planning Commission meeting on July 27th, but that there will likely be two meetings in August. Adjournment Commissioner Derr made a motion, seconded by Commissioner Lessard, to adjourn the meeting at 7:57 PM. All ayes. Motion Carried. Respectfully Submitted, Max Gort, Associate Planner Agenda Number D.1 CITY OF HUGO COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT TO: Hugo Planning Commission FROM: Max Gort, Associate Planner SUBJECT: Joseph and Lisa Gadbois. Request for a minor subdivision for the property located at 8860 152nd Street North DATE: July 27, 2023 for the Planning Commission Meeting of August 10, 2023 ZONING: Agricultural (AG) REVIEW DEADLINE: September 12, 2023 1.DESCRIPTION OF REQUEST: The applicant is requesting approval of a minor subdivision to create two lots out of a 19.95 acre lot. The lots created would be two parcels that are 9.97 and 9.98 acres in size. 2.CONTEXT: A.Surrounding Land Use and Zoning The surrounding properties to the north, east, south, and west are zoned Agricultural and are developed as agricultural or residential homes. B.Natural Characteristics of Site The property is has some rolling hills and has been farmed in recent years. 3.ANALYSIS: A.Level of City Discretion in Decision-Making The City has limited discretion in approving or denying a minor subdivision application. The City’s discretion is limited to whether or not the proposed subdivision meets the standards outlined in the Comprehensive Land Use Regulations. If it meets these standards, the City must approve the subdivision. Lutz Minor Subdivision B. Consistency with Ordinance Standards Minor Subdivision Request Lot Size The Agricultural zoning district requires a minimum lot size of 10 acres with a 300-foot minimum width and a minimum depth of 480 feet. The two proposed lots will be 9.97 and 9.98 acres in size respectively. After doing historical research on the propert y, staff is considering the property 10 acres. It is in staff’s opinion that this is a valid application. Utilities The property is currently outside of the Metropolitan Urban Service Area (MUSA), which mean the property is not eligible to receive City sewer and water. Services are not currently available to the site or planned for the site in the future. The parcel proposed to be future home sites and would need a new well and septic system. The applicant has submitted a soil test indicating that there is sufficient space on the new parcels that is suitable for a septic system as well as an alternative septic location. The locations have been approved by Washington County. Grading and Wetlands A grading plan will have to be submitted to the City prior to the issuance of a building permit for the proposed lot. The applicant shall demonstrate the building sites will comply with the City’s regulations regarding building elevation related to groundwater. A permit will need to be obtained from the City for the location of the new driveway. Prior to the issuance of any building permit the applicant shall demonstrate that the proposed home and buildings will not impact any wetlands. Stormwater management Prior to the issuance of any building permits the applicant shall demonstrate that the proposed parcels meet the Rice Creek Watershed District Rules regarding stormwater management and erosion control. Streets The proposed parcels have access to 152nd Street North, an existing gravel road. At the time of application for a building permit, the applicant shall apply for a driveway permit. Sidewalks/Trails Lutz Minor Subdivision There is a proposed trail in the 2040 Comprehensive Plan along 152nd Street North. Prior to the issuance of any building permit, the applicant will need to demonstrate that the proposed trail will not be impacted. Park Dedication and Open Space A park dedication is required of all land subdivided for residential purposes. The applicant will not be dedicating parkland with this project, and would therefore be responsible for the parkland dedication fee, currently set at $3,400 per lot. The applicant is only responsible to pay for the creation of 1 lots. 4. STAFF RECOMMENDATION: Staff is of the opinion that the requested minor subdivision meets the City Code requirements and guidelines outlined in the 2040 Comprehensive Plan. Staff recommends that the Planning Commission open the public hearing and take all comments. Staff recommends approval the minor subdivision subject to the conditions listed in the attached draft resolution to the Planning Commission. ATTACHMENTS: 1. Location Map 2. Minor Subdivision Survey 3. Draft Resolution Approving the Minor Subdivision 4. Sewage Treatment System Approval Letter OHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEXXXXXXXXXXXXN00°16'23"W 1316.22S00°22'52"E 1315.16N89°22'46"W 661.92 PARCEL A PARCEL B SB SB SB E W XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXN00°19'37"W 1315.6999010001000 1000 1000990990 990 98 8 990990980 980980990990 9909909 9 0 B-4 EL=1001.8 B-3 EL=1000.1 B-2 EL=1000.1 B-2 EL=998.3 HOUSE 1001.55 S89°17'01"E 659.46 Test Area 18,819 Sq. Ft. 152ND STREET N. JOSEPH T & LISA A GADBOIS PID NO. 1403121420001 SB SB 994 996 998 992 990 988 99 8 9 9 6 9 9 4 9 9 2 98 6 980 97099299499698898698497897698299810021004100 6 1006 1008 1008 974972974 972 FILE NUMBER: CHECKED BY: DATE: SCALE: DRAWN BY: I HEREBY CERTIFY THAT THIS SURVEY, PLAN, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF DATE:LIC. NO. DATE AMENDMENTS PREPARED FOR:BY JOE GADBOIS MINNESOTA. Shawn M. Kupcho L.S.5/19/22 49021 May 19, 2022 AS SHOWN JMM SMK 2022-10626 0 SCALE ( IN FEET ) 60 120NORTH © 2022 WIDSETH SMITH NOLTING & ASSOCIATES, INC. 3 PROPOSED PROPERTY DESCRIPTIONS: PARCEL A West Half of the West Half of the Northwest Quarter of the Southeast Quarter of Section 14, Township 31, Range 21, Washington County, Minnesota. PARCEL B East Half of the West Half of the Northwest Quarter of the Southeast Quarter of Section 14, Township 31, Range 21, Washington County, Minnesota = DENOTES A FOUND 1/2" IRON PIPE MONUMENT W/CAP MARKED 12660 UNLESS NOTED OTHERWISE OHE OVERHEAD ELECTRIC X X X X X BARBED WIRE FENCE POWER POLE EXISTING PROPERTY DESCRIPTIONS: (per Warranty Deed No. 3069772) The West One-Half of the Northwest Quarter of the Southeast Quarter (W1/2 OF NW 1/4 OF SE 1/4) of Section Fourteen (14), in Township Thirty-one (31) North, of Range Twenty-one (21) West, Washington County, Minnesota. PROPOSED LOT LINE QUARTER LINE SIXTEENTH LINE RIGHT OF WAY EXISTING BOUNDARY LINE BUILDING SETBACK LINE = DENOTES A SET 1/2" IRON PIPE MONUMENT W/CAP MARKED NO. 49021 BITUMINOUS SURFACE = DENOTES A SET SPIKE ON PROPERTY LINE LEGEND SOIL BORING SURVEY NOTES: 1.Orientation of this bearing system is based on the Washington County Coordinate System NAD83 (1986 adj.) 2.Property address: 8860 152nd St. N, Hugo, MN 55038. PID No. 1403121420001 3.The field work was performed on May 11, 2022. 4.Existing Acreage: 869,126 Sq. Ft or 19.95 Acres 5.Proposed Acreages: Parcel A: 434,472 Sq. Ft. or 9.97 Acres Parcel B: 434,654 Sq. Ft. or 9.98 Acres 6.The Property is zoned AG (Agriculture) per City of Hugo Zoning Map. Building Setbacks (per City of Hugo Zoning Ordinance) Front Yard = 40 feet Side Yard: = 20 feet Rear Yard: = 50 feet Zoning District Regulations: Minimum Lot Area = 10 Acres Minimum Lot Width = 300 feet at front setback line Minimum Lot Depth = 480 feet Maximum impervious = 35% 7.Contours shown are LiDAR derived on the NAVD88 datum provided by MnDNR. The electronic LiDAR data was ordered and received on 5/11/2022. 8.The property lies within Zone X, areas determined to be outside the 0.2% annual chance floodplain per FIRM Map No. 27163C0145E, effective date February 3, 2010. SB W E MAIL BOX WELL ELECTRIC METER PROPANE TANK TRANSFORMER GUY ANCHOR CONCRETE SURFACE CERTIFICATE OF SURVEY MINOR SUBDIVISION RESOLUTION 2023-XX APPROVING A MINOR SUBDIVISION FOR JOSEPH AND LISA GADBOIS FOR PROPERTY LOCATED AT 8860 152ND STREET NORTH WHEREAS, an application has been filed by Joseph and Lisa Gadbois that requests approval of a minor subdivision for property located at 8860 152nd Street North. WHEREAS, the subject property is legally described as follows: See Attached WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing on August 10, 2023, and recommends approval, and; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the minor subdivision for Vincent Lutz, subject to the following conditions: 1. A minor subdivision is approved to allow the creation of two lots, in accordance with the plans and application received by the City on July 14, 2023. 2. Prior to recording the minor subdivision: a. The park dedication shall be cash-in-lieu of dedication for a total of $3,400. b. A 33-foot-wide roadway easement shall be dedicated to the City for the right-of- way for 152nd Street North. 3. Prior to issuance of any building permit: a. The applicant shall provide a grading plan that reflects the current topography and proposed grading. b. The applicant shall demonstrate that the parcels are able to meet the Rice Creek Watershed District Rules. c. The applicant shall demonstrate the building sites will comply with the City’s regulations regarding building elevation related to groundwater. d. The applicant shall demonstrate that the proposed home and buildings will not impact any wetlands. e. The applicant shall demonstrate that the proposed trail along 152nd Street North will not be impacted ADOPTED by the City Council on August 21st, 2023. ___________________________ Tom Weidt, Mayor ATTEST: _________________________________ Michele Lindau, City Clerk A great place to live, work and play…today and tomorrow Government Center • 14949 62nd Street North • P.O. Box 6 • Stillwater, MN 55082-0006 Telephone: 651-430-6655 • Fax: 651-430-6730 • TTY: 651-430-6246 www.co.washington.mn.us Washington County is an equal opportunity organization and employer Public Health and Environment David Brummel, Director Jill Timm, Deputy Director 6/29/2022 Joseph & Lisa Gadbois 8860 152nd St N. Hugo, MN 55038 Subdivision/Lot Split Review – 1 lot On May 23, 2022 the Department received a subdivision/lot split septic permit application for a lot split in the City of Hugo. On June 6, 2022 representatives from the Department conducted soil observations on the parcel identification number (PIN) 1403121420001. Based on the soil observations conducted by the Department representatives, and the submitted soil observations conducted by Zierke Soil Testing, LLC, the proposed lot appears to have 10,000 ft 2 of suitable soil for individual sewage treatment systems. It should be noted that the soil testing conducted for this lot was preliminary and only for the purpose of determining suitability of this lot to support long-term sewage treatment according to Section 9.4 of the Washington County Development Code, Chapter Four, Individual Sewage Treatment System Regulations (Washington County Ordinance #206). Section 9.5 states: Complete soil testing on each individual lot must be conducted prior to permit issuance independent of any prior subdivision or lot approval testing. For permit issuance, a minimum of four (4) soil observations encompassing the proposed sewage treatment area are required. At least one soil observation must be performed in the portion of the soil treatment area anticipated to have the most limiting conditions. Larger areas may be required where conditions of use, soils, topography, or vegetation require. If you have any questions or comments, please contact me at 651-430-6692. Sincerely, Sarah Borrell Senior Environmental Specialist