Loading...
HomeMy WebLinkAbout2012-12-06 - Planning Commission Agenda PacketCITY OF CORCORAN PLANNING COMMISSION MEETING 7:00 PM — THURSDAY, DECEMBER 6, 2012 AGENDA 1. Call to Order 2. Pledge of Allegiance 3. Open Forum 4. Approval of a. Agenda b. *September 6, 2012 Commission Minutes 5. Unfinished Business: 6. New Business a. *Public Hearing. Consider a City- Initiated amendment to Zoning Ordinance Section 1070.020 regarding Conditional Use Permit Amendments (City file 12 -017) i. Staff Report ii. Open Public Hearing iii. Public Comment iv. Close Hearing v. Commission Discussion & Recommendation 7. Reports: a. *Planning Project Update b. Liaison Report (Gmach) c. Other Business 8. Adjournment *Literature to review Material relating to these agenda items can be found in the House Agenda Packet, located near the entrance to the Council Chambers Meeting Area. This page has been intentionally left blank CITY OF CORCORAN PLANNING COMMISSION MEETING 7:00 PM —THURSDAY, SEPTEMBER 6, 2012 MINUTES Present Chair — Pat Hank Vice Chair — Dean Jacobs Commissioners — Darrell Krueger, Meredith Wu, Rickey Ravnholdt, Nell Kadlec, 2nd Alternate — Dorothy Theis Absent — Bob Laddusaw Others present for the meeting — Council Liaison Roz Milbrandt, Administrator Dan Donahue, City Planner Kendra Lindahl, and Office Manager Jill Smith -Arens 1. Call to Order - Pat Hank called the meeting to order at 7:00 pm 2. Pledge of Allegiance 3. Open Forum -None 4. Approval of: a. Agenda - Motion by Ravnholdt seconded by Jacobs to approve agenda as presented Voting Aye: Hank, Jacobs, Krueger, Wu, Ravnholdt, Kadlec (Motion carried 6:0) b. *June 7, 2012 Commission Minutes — Wu asked to have her name removed from New Business item v. second paragraph. c. Motion made to approve by Krueger seconded by Kadlec. Voting Aye: Hank, Jacobs, Krueger, Wu, Ravnholdt, Kadlec (Motion carried 6:0) 5. Unfinished Business: - None 6. New Business a. *Public Hearing. Corcoran Public Works Building "Roehlke Addition" Preliminary Plat and Rezoning from RR (Rural Residential) to PI (Public Institutional) zoning district (PID 18- 119 -23 -11 -0001) (city file no. 12 -010) i. Staff Report — City Planner Kendra Lindahl went over her staff report showing the overlay. • There was discussion amongst the chair and commissioners if this order was approved by council and if it would be brought back to the Planning Commission for a site plan. • Another topic brought up would future parks have to be re- zoned. • Hank concern to render options without knowing what materials building would be built of and type of building that would be built on site before making recommendations on the preliminary and if there were room for expansion. Topic was further discussed amongst commission. • Council member Milbrandt shared what council was discussing and stated they would get the opportunity to see the design of the building. Stated there could be the possibility of more parks and an option for a community park, • Ravnholdt shared he was chair on a previous commission in the past years reviewing other buildings and had made a presentation and had never heard back from anyone. He stated was not worried about what building looked like, the goal for this meeting was the Preliminary Plat. ii. Open Public Hearing - • Cindy Manns 9205 CO RD 19 - Concerns about the noise when staff was working at night and the drainage as to which way it will flow • Dorothy Theis — Stated currently living across the street from the public works building noise was not a problem. Questioned the difference between a commercial building and a Public Institution. iii. Public Comment iv. Close Hearing — Motion by Krueger Seconded by Wu. Voting Ay: Hank, Jacobs, Krueger, Wu, Ravnholdt, Kadlec (Motion carried 6:0) v. Commission Discussion & Recommendation — • Jacobs asked if water testing was done that there would be enough water. Donahue stated water was good and city has rights of refusal within 5 years of options. • Hank brought up if location was suitable for a Park and Facility. • Jacobs brought up parking to get access to Trail Head. • Ravnholdt concerns were if disposal of wastewater from washing trucks could be handled by the septic system. • Approval of Ordinance No. 2012 - — Amending Zoning Ordinance. Motion made by Jacobs and Seconded by Wu. Voting Aye- Krueger Wu, Jacobs, Kadlec Voting Nay- Hank, Ravnholdt (Motion carried 4:2) • Approval of Resolution No. 2012 - — Finding of Facts for rezoning property. Motion made by Jacobs and Seconded by Wu. Voting Aye - Krueger Wu, Jacobs, Kadlec Voting Nay- Hank, Ravnholdt (Motion carried 4:2) • Approval of Resolution No. 2012- _Preliminary Plat for Roehlke Addition. Motion made by Jacobs Seconded by Krueger. Voting Aye - Krueger Wu, Jacobs, Kadlec Voting Nay- Hank, Ravnholdt (Motion carried 4:2) 7. Reports: a. `Planning Project Update b. Liaison Report (Milbrandt) — • Sewer and Water is on schedule the pipe is in the ground. Downtown is still in process • Paving project for Trail Haven will not move forward • 5 year budget plan is being looked at which is something new for the city instead of a 2 year plan • An election year c. Other Business - none 8. Adjournment - Motion to adjourn Ravnholdt Seconded by Krueger Voting Aye - Hank, Jacobs, Krueger, Wu, Ravnholdt, Kadlec (Motion Carried 6:0) Meeting adjourned at 8:30PM. *Literature to review Material relating to these agenda items can be found in the House Agenda Packet, located near the entrance to the Council Chambers Meeting Area. Agenda Item 6.a • i L A N D F 0 R M From Site to Finish 105 South Fifth Avenue Suite 513 Minneapolis, MN 55401 TO: Corcoran Planning Commission FROM: Kendra Lindahl, Landform i • • Tel: 612 - 252 -9070 Fax: 612 - 252 -9077 www.landform.net DATE: November 28, 2012 for the December 6, 2012 Planning Commission Meeting RE: Public Hearing. Consider a City- Initiated amendment to Zoning Ordinance Section 1070.020 regarding Conditional Use Permit Amendments (City file 12 -017) Application Request Consider this City- initiated amendment to Section 1070.020 of the Zoning Ordinance to allow a simplified process for approval of an amendment to an existing conditional use permit. 2. Background The City Council directed staff to amend the zoning ordinance in response to a code enforcement issue. Since 2011, the city code enforcement officer has been working a landowner, Linda Kohnen, to resolve a code violation at her property at 23240 County Road 30. The landowner is in violation of an existing conditional use permit and in violation of the City Zoning Ordinance. The landowner is leasing an accessory building on this residential property to a commercial business, Kothrade Sewer & Water for commercial storage. Commercial equipment is stored in this residential accessory building and employees of Kothrade Sewer and Water drive to the site each morning to pick up equipment for the day's work. It is staff's understanding that employee vehicles are then parked in the accessory building. a. This is in violation of the existing conditional use permit because the conditional use permit specifically states that the building was only for use by the homeowner and 6 specific pieces of his equipment. In 1996, the City issued a conditional use permit to operate a home occupation on this property for Steve Kohnen's truck operation (the city has since adopted a different process to address home occupations). The CUP specifically limits the use of the property to that home occupation in finding #3, which states: "That the applicants, their heirs and assigns, acknowledge and agree that the use of the accessory structure, within an R -1 Rural Residential District, is limited to residential and /or agricultural storage of equipment and restricts the use of said building from commercial storage with the exception of his business equipment which consists of a truck, low -boy, dozer, bobcat, traxcavator, backhoe." b. This is in violation of the existing zoning ordinance because the use of the building as commercial storage for a contractor is not allowed in this (TCR- Transitional Rural Commercial) zoning district. Landform", SensiblyGrcen M and Site to Finish- are service marks of Landform Engineering Company. ! • Staff recommended several options to the landowner to allow her to continue to lease out this space. The landowner asked for an amendment to the existing conditional use permit. Staff agreed that this was a viable option. At the October 11, 2012 City Council meeting, staff recommended that the City Council consider amending Resolution 1996 -39. After reviewing the issue with the City Attorney, the City Planner and City Administrator, staff recommended the amendment by undertaking the following steps, which would preserve the spirit and intent of the CUP and the Zoning Ordinance and would allow the City to continue to consistently administer the City Code. Staff recommended that the City Council: a. Order staff to hold a public hearing to amend the Resolution and CUP. The Planning Commission will hold a public hearing and make a recommendation. The City Council will act on the amendment. b. Consider a change to the council adopted fee schedule. Currently there is a fee requirement of $550 and an escrow of $2,000 for a CUP. This does not fit our current situation. In this case, we are considering a slight language change in an existing CUP. Since there is no change in the use of the property or in the ownership of the property, the council should adopt a new fee that better fits a minor change to an existing CUP. I recommend perhaps $100 fee with a small escrow After discussion, the City Council felt that a better alternative would be to make a larger change that would allow a simplified process for all landowners to benefit from a new conditional use amendment process. Therefore, staff has drafted this proposed ordinance amendment. If approved, the landowner could apply for the Conditional Use Permit amendment through this simplified process. As a separate action item, the City Administrator will be preparing a new fee schedule for adoption in January, which will include a revised application fee for these types of conditional use permit amendments. 3. Analysis of Request A. Level of City Discretion in Decision - Making The City has a relatively high level of discretion in approving or denying an ordinance amendment. The proposed zoning amendment must be consistent with the City's Comprehensive Plan. The Zoning Ordinance is one of the enforcement tools used to implement the goals and standards set in the Comprehensive Plan. B. Consistency with Ordinance Standards It is our understanding that the intent of the Council is to allow the ability to allow minor amendments to Conditional Use Permits in circumstances where the impact of these changes on surrounding landowners will be minimal. Staff recommends the following changes to Section 1070.020 by deleting the stern material and adding the underlined material as follows: Zoning Ordinance Amendment for CUPs December 6, 2012 E 0 0 Subd.6. Amendments. • A. Holders of a conditional use permit may propose amendments to the permit at any time, following the procedures for a new permit as set forth in this Section. B. No °ig^Tchanges in the circumstances or scope of the permitted use shall be undertaken without approval of those changes by the City. The Zoning Administrator shall determine what constitutes significant change. Significant changes include, but are not limited to: 1. Hours of operation. 2. Number of employees. 3. Expansion of structures and /or premises. 4. Operational modifications resulting in increased external activities and traffic. C. Following the procedures for hearing and review set forth in this Section the Planning Commission may recommend and the City Council may approve significant changes and modifications to conditional use permits, including the application of additional or revised conditions. D. Minor changes to the conditional use permit, which do not include significant changes, shall require City Council action only. 4. Next Steps If the ordinance amendment is approved at the December City Council, the new process would be available for landowners immediately. As part of the 2013 fee schedule, the City Administrator will recommend a new fee for the minor CUP amendment. We are recommending that a fee and escrow similar to that of an easement vacation (which also only goes to the City Council), would be appropriate. This new fee would be adopted by the City Council in January when they adopt the 2013 fee schedule. 5. Recommendation If the Planning Commission finds that ordinance standards have been met, they should recommend approval of the following: a. Draft Ordinance approving ordinance amendment b. Draft Resolution approving findings of fact for ordinance amendment Zoning Ordinance Amendment for CUPs December 6, 2012 i • �5 Attachments 1. Draft Ordinance approving ordinance amendment 2. Draft Resolution approving findings of fact for ordinance amendment Zoning Ordinance Amendment for CUPs December 6, 2012 i City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2012- Motion By: Seconded By: December xx, 2012 AN ORDINANCE AMENDING THE TEXT OF CHAPTER 10 OF THE CORCORAN CITY CODE, ENTITLED CORCORAN ZONING ORDINANCE THE CITY COUNCIL OF CORCORAN ORDAINS: SECTION 1. Amendments. The text of Section 1070.020 of Chapter 10 (Zoning Ordinance) of the Corcoran City Code is hereby amended by deleting the steer► material and adding the underlined material as follows: Subd.6. Amendments. A. Holders of a conditional use permit may propose amendments to the permit at any time, following the procedures for a new permit as set forth in this Section. B. No signifiGant changes in the circumstances or scope of the permitted use shall be undertaken without approval of those changes by the City. The Zoning Administrator shall determine what constitutes significant change. Significant changes include, but are not limited to: 1. Hours of operation. 2. Number of employees. 3. Expansion of structures and /or premises. 4. Operational modifications resulting in increased external activities and traffic. Following the procedures for hearing and review set forth in this Section the Planning Commission may recommend and the City Council may approve significant changes and modifications to conditional use permits, including the application of additional or revised conditions. 4D. Minor changes to the conditional use permit, which do not include significant changes, shall require City Council action only. Page 1 of 2 City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2012- December xx, 2012 SECTION 2. Effective Date. This ordinance shall be in full force and effect upon its passage. VOTING AYE ❑ Guenthner, Ken ❑ Asleson, Rich ❑ Cossette, Tom ❑ Gmach, George ❑ Milbrandt, Rosalyn VOTING NAY ❑ Guenthner, Ken ❑ Asleson, Rich ❑ Cossette, Tom ❑ Gmach, George ❑ Milbrandt, Rosalyn Whereupon, said Ordinance is hereby declared adopted on this xx day of December 2012. ATTEST: Jeanie Heinecke — Clerk Kenneth Guenthner - Mayor Page 2 of 2 City Seal City of Corcoran County of Hennepin State of Minnesota RESOLUTION NO. 2012- Motion By: Seconded By: December xx, 2012 A RESOLUTION APPROVING FINDINGS OF FACT FOR AN ORDINANCE AMENDING THE TEXT OF CHAPTER 10 OF THE CORCORAN CITY CODE, ENTITLED CORCORAN ZONING ORDINANCE WHEREAS, the City of Corcoran initiated an amendment to update the Zoning Ordinance to address minor changes to Conditional Use Permits; and WHEREAS, the amendment would be consistent with the 2030 Comprehensive Plan; and WHEREAS, the Planning Commission has reviewed the proposed text amendments at a duly called public hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORCORAN, MINNESOTA, that it should and hereby does approve the Zoning Ordinance text amendment, based upon the finding that the proposed amendments would be consistent with State law and the City's Comprehensive Plan, and compatible with other provisions of the City's Zoning Ordinance. VOTING AYE ❑ Guenthner, Ken ❑ Asleson, Rich ❑ Cossette, Tom ❑ Gmach, George ❑ Milbrandt, Rosalyn VOTING NAY ❑ Guenthner, Ken ❑ Asleson, Rich ❑ Cossette, Tom ❑ Gmach, George ❑ Milbrandt, Rosalyn Whereupon, said Resolution is hereby declared adopted on this xx day of December 2012. Kenneth Guenthner - Mayor ATTEST: City Seal Jeanie Heinecke — Clerk Page 1 of 1 MEMORANDUM DATE October 17, 2012 TO Dan Donahue cc City Council, Planning Commission FROM Kendra Lindahl, City Planner RE Active Corcoran Planning Applications r r • • L A N D F From Site to Finish 105 South Fifth Street, Suite 513 Minneapolis, MN 55401 The following is a summary of project status for current, active projects: 0 R M • Tel: 612 - 252 -9070 Fax: 612 - 252 -9077 www.landform.net Armbruster Topography and Wetland Waiver (city file no. 09 -011). An application has been received for a waiver from the topography and wetland requirements and was reviewed by the City Council on November 23, 2009. The City Council expressed concerns about the concept and directed the applicant to revise the concept plan. The applicant submitted a letter extending the review period until January 2013. This will allow the city time to complete the ordinance updates and allow the applicant additional time to explore their options for development /subdivision. 2. Schmid's Hidden Valley 2 "d Addition Topography /Wetland Waiver, Preliminary Plat and Final Plat at 21820 Oakdale Drive (PID 04- 119 -23 -34 -0007, 04- 119 -23 -42 -0002 and 04- 119 -23 -42 -0003) (City File No. 12 -016). The application for topography and wetland delineation waiver was approved at the September 27th Council meeting. The plat applications are incomplete. 3. Corcoran Public Works Building Preliminary and Final Plat and Ordinance Amendment (City File 12 -010). The City application for a preliminary and final plat to create a new lot for the public works facility and an outlot for the remaining land that will be retained by the Roehlke's and a rezoning to Public /Institutional (P -1) to accommodate this use was approved by the City Council on September 27th. The city closed on the property on October 15th and work is continuing on the site plan design. 4. Zoning Ordinance Amendment to Section 1070.020 regarding Conditional Use Permit Amendments (City file no. 12 -017). On October 11th, the City Council directed staff to prepare a zoning ordinance amendment to allow conditional use permit amendments to be processed administratively rather than through the public hearing process as currently required. This item has been tentatively scheduled for a public hearing at the Planning Commission and City Council review in December. Also, there are a number of projects that have been approved, but are still not filed and closed out: 1. Corcoran Business Park (city file 06 -005). The City Council granted a one year extension to the final plat approval, which expired on April 12, 2011. Staff has spoken to the applicant and is still working to close out this project. 2. Northern Natural Gas Administrative Permit (city file 09 -009). An administrative permit for a meter station was approved and is under construction. The city will retain the escrow account until the project is completed to ensure that the project is completed according to the plans. The majority of the improvements and conditions of approval have been met. However, the landscaping has not yet been installed. Northern Natural Gas indicates that there are still connections that need to be made on site and landscaping cannot be installed until completed. City staff was notified that the landscaping was installed on site and conducted an inspection June 3, 2011. The landscaping and all other Landform , SensiblyGreen and Site to Finish® are registered service marks of Landform Professional Services, LLC. 1 improvements were installed per City requirements. Staff will begin the project closeout process after the landscape guarantee period expires in 2013. 3. Satellite Industries Site Plan Amendment, Conditional Use Permit Amendment, Lot Consolidation and Easement Vacation (city file 10 -007). On September 23rd the City Council approved Resolutions 2010 -37, 2010 -38 and 2010 -39 approving the request with a number of conditions. The applicant has addressed those conditions and has submitted a building permit application and has begun site work. Staff inspected the site on October 12th and found that the major site improvements had been made, but there are several items that still have to be addressed. We have discussed these items with the landowner. The city has a financial guarantee in place to ensure completion. 4. Park Place Storage After - the -Fact Extension of Approvals (city file no. 10 -008). On September 23, 2010, the City Council approved a site plan and conditional use permit amendment for Park Place Storage to construct the 18th and final mini - storage building on that site. The approvals expired on September 23, 2011. The applicant contacted the City and requested a one year extension until September 23, 2012. The conditions have been met and a building permit was issued in September. 5. Corcoran Wildlife Preserve (city file 10 -009). Preliminary plat (city file 06 -004) was approved on September 27, 2007 (Res. 2007 -72) with 8 findings and conditions. On September 23, 2010, the city council approved Resolution 2010 -40 approving the final plat. The applicant has 2 years to address all conditions of approval and record the final plat. The final plat approvals expired on September 23, 2012. 6. Rocks N Blocks Site Plan Amendment and Conditional Use Permit (city file no. 10 -012). An application was received for a Conditional Use Permit and Site Plan Amendment to continue operation of a business with outside storage at 20010 75th Avenue North. The application was approved by the City Council on June 23rd. This was approved as a way to correct a code enforcement issue. No work has been done on site to correct the code violations. The applicant has not yet complied with the conditions of approval and has asked for a 3 month extension. The approvals expired on September 23, 2012. The applicant is working to complete the site improvements. 7. Custom Filtration Inc. Preliminary and Final Plat (city file no. 11 -008). The city received an application to combine the existing Custom Filtration lot with the outlot to the west. The request was approved by the City Council on December 19th. The applicant has submitted the mylars for city signatures and we expect to close this file out next month upon receipt of proof of filing. 8. Hope Ministries Conditional Use Permit for Cemetery and Vacation of Drainage & Utility Easement at 19951 Oswald Farm Road (city file 12 -002). Hope Ministries has submitted a request for a conditional use permit to allow a cemetery west of the existing church. The application was approved by the City Council on March 22nd and site work had begun. 9. Daryl & Louredette Patnode Request for Agricultural Preserve Designation and Expiration for 23301 County Road 50 (PID 30- 119 -23 -11 -0001) (city file no. 12 -012). An application for Agricultural Preserve was submitted and approved by the Council on September 27tH 10. Certificate of Compliance for Martin Kukla at 20100 Hillside Drive (02- 119 -23 -44 -0011) (City File 12 -019). This certificate of compliance was administrative approved. 11. Certificate of Compliance for Steve Platz at 23600 Strehler Drive (18- 119 -23 -34 -0002) (City File 12 -020). This certificate of compliance was administrative approved. 12. Administrative Permit for approval of new Antennas on the Sprint Tower at 20140 County Road 30 (11- 119 -23 -12 -0001) (City File 12 -018). The application for administrative approval of the new antennas at the Kothrade property was reviewed for compliance with the ordinance and administratively approved on 10/29/12. 13. Site Plan Modification for Lano Equipment at 23580 Highway 55 (31- 119 -23 -34 -0007) (City File 12 -021). This site plan modification for approval of a new loading dock at Lano Equipment was administratively reviewed and approved on 11/01/12. MEMORANDUM 14. Site Plan Modification for Accessory Building at Pheasant Acres at 10705 CR 116 (02- 119 -23- 13 -0002) (City File 12 -023). This site plan modification for approval of a new accessory building at Pheasant Acres Golf Course was being administratively reviewed and approved on 11/13/12. MEMORANDUM