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HomeMy WebLinkAbout2016-08-04 Planning Commission Agenda PacketA98% CITY OF CORCORAN Corcoran Planning Commission Agenda August 4, 2016 -7:00 pm 1. Call to Order / Roll Call 2. Pledge of Allegiance I Agenda Approval 4. Open Forum 5. Minutes a. Minutes — July 7, 2016* 6. Unfinished Business 7. New Business a. Maple Hill Estates Sign Variance (16 -018)* i. Staff Report ii. Commission Discussion & Recommendation b. Public Hearing. IUP for Commercial Kennel for Daniel Benjamin at 19520 Stieg Road (City File 16 -020)* i. Staff Report ii. Open Public Hearing iii. Public Comment iv. Close Hearing v. Commission Discussion & Recommendation c. Public Hearing. Zoning Ordinance Amendment for Solar (city file 16 -008)* i. Staff Report ii. Open Public Hearing iii. Public Comment iv. Close Hearing v. Commission Discussion & Recommendation d. Public Hearing. Subdivision Ordinance Amendment (16 -017)* i. Staff Report ii. Open Public Hearing iii. Public Comment iv. Close Hearing v. Commission Discussion & Recommendation *Includes Materials - Materials relating to these agenda items can be found in the House Agenda Packet by Door. e. Public Hearing. Zoning Ordinance update to Floodplain Regulations (Section 1050.030 and 1020.020) (City file 16 -019)* i. Staff Report ii. Open Public Hearing iii. Public Comment iv. Close Hearing v. Commission Discussion & Recommendation f. Public Hearing. Zoning Ordinance Amendment for Temporary Family Health Care Dwellings of 2016 opt -out (city file 16 -021)* i. Staff Report ii. Open Public Hearing iii. Public Comment iv. Close Hearing v. Commission Discussion & Recommendation 8. Reports /Information a. Planning Project Update* b. City Council Report* — Council Liaison Hank c. Other Business 9. Adjournment *Includes Materials - Materials relating to these agenda items can be found in the House Agenda Packet by Door. CITY OF CORCORAN Corcoran Planning Commission Minutes July 7, 2016 -7:00 pm The Corcoran Planning Commission met on July 7, 2016, at City Hall in Corcoran, Minnesota. Present were: Chair Jacobs, Commissioner Ravnholdt, Commissioner Wu, Commissioner Theis, and Vice -chair Schultz. Also present were: City Administrator Martens, City Planner Lindahl, and Council Liaison LaFave 1. Call to Order / Roll Call Chair Jacobs called the meeting to order at 7:00pm 2. Pledge of Allegiance 3. Agenda Approval Motion made by Theis seconded by Wu to approve the agenda as presented. Voting Aye: Jacobs, Ravnholdt, Wu, Theis, and Schultz. (Motion carried 5:0) 4. Open Forum - Jackie Hoglund, 19220 Hackamore Road, presented 9 written questions to the Planning Commission and requested a written response. The Planning Commission directed staff submit responses back to Ms. Hoglund on behalf of the Planning Commission. Greg Hoglund, Chief Manager for Homeland Investments, 6301 CR 101, presented 1 written question to the Planning Commission and requested a written response. The Planning Commission directed staff submit responses back to Mr. Hoglund on behalf of the Planning Commission. Greg Hoglund, Chief Manager for HomelaR d Investments HC Anderson, LLC, 19200 Hackamore Road, presented 3 written questions to the Planning Commission and requested a written response. The Planning Commission directed staff submit responses back to Mr. Hoglund on behalf of the Planning Commission. 5. Minutes a. Minutes - June 2, 2016 Motion made by Wu seconded by Ravnholdt to approve the minutes as presented. Voting Aye: Jacobs, Ravnholdt, Wu, Theis, and Schultz. (Motion carried 5:0) 6. Unfinished Business 7. New Business a. PUD Final Plans for Ravinia 5t" Addition and Ravinia 6t" Addition (city file 16 -015 and city file 16 -016) i. Staff Report - City Planner Lindahl presented her staff report. Commission Discussion & Recommendation - The Commission discussed vinyl being allowed on the front elevation as well as the percentage of stone /brick being incorporated in the homes. Various items related to tree preservation and grading were discussed. The Commission also discussed a need to update the 50% "natural materials" requirement. Motion made by Ravnholdt seconded by Theis to recommend approval of both resolutions for Ravinia 511 and 6th Additions with an amendment to condition 11 to continue to allow vinyl siding on front elevations; as well as the correction of an acreage calculation for Ravinia 6th Addition. Voting Aye: Jacobs, Ravnholdt, Wu, Theis, and Schultz. (Motion carried 5:0) 8. Reports /Information a. Planning Project Update — Information Only b. City Council Report — Councilmember LaFave updated the Planning Commission on City Council activities. c. Other Business — Commissioner Ravnholdt informed the Planning Commission that the July meeting may be his last as he is moving out of the area soon. Chair Jacobs and Commission members thanked Commissioner Ravnholdt for his hard work and dedication during his time on the Planning Commission. 9. Adjournment Motion made by Ravnholdt seconded by Schultz to adjourn. Voting Aye: Jacobs, Ravnholdt, Wu, Theis, and Schultz. (Motion carried 5:0) Meeting adjourned at 8:38pm. ti Submitted by Mike Pritchard Code Compliance Official 5 a. CITY OF CORCORAN Corcoran Planning Commission Minutes July 7, 2016 -7:00 pm The Corcoran Planning Commission met on July 7, 2016, at City Hall in Corcoran, Minnesota. Present were: Chair Jacobs, Commissioner Ravnholdt, Commissioner Wu, Commissioner Theis, and Vice -chair Schultz. Also present were: City Administrator Martens, City Planner Lindahl, and Council Liaison LaFave 1. Call to Order / Roll Call Chair Jacobs called the meeting to order at 7:00pm 2. Pledge of Allegiance 3. Agenda Approval Motion made by Theis seconded by Wu to approve the agenda as presented. Voting Aye: Jacobs, Ravnholdt, Wu, Theis, and Schultz. (Motion carried 5:0) 4. Open Forum - Jackie Hoglund, 19220 Hackamore Road, presented 9 written questions to the Planning Commission and requested a written response. The Planning Commission directed staff submit responses back to Ms. Hoglund on behalf of the Planning Commission. Greg Hoglund, Chief Manager for Homeland Investments, 6301 CR 101, presented 1 written question to the Planning Commission and requested a written response. The Planning Commission directed staff submit responses back to Mr. Hoglund on behalf of the Planning Commission. Greg Hoglund, Chief Manager for Homeland Investments, 19200 Hackamore Road, presented 3 written questions to the Planning Commission and requested a written response. The Planning Commission directed staff submit responses back to Mr. Hoglund on behalf of the Planning Commission. 5. Minutes a. Minutes - June 2, 2016 Motion made by Wu seconded by Ravnholdt to approve the minutes as presented. Voting Aye: Jacobs, Ravnholdt, Wu, Theis, and Schultz. (Motion carried 5:0) 6. Unfinished Business 7. New Business a. PUD Final Plans for Ravinia 511 Addition and Ravinia 6' Addition (city file 16 -015 and city file 16 -016) i. Staff Report - City Planner Lindahl presented her staff report. ii. Commission Discussion & Recommendation - The Commission discussed vinyl being allowed on the front elevation as well as the percentage of stone /brick being incorporated in the homes. Various items related to tree preservation and grading were discussed. The Commission also discussed a need to update the 50% "natural materials" requirement. Motion made by Ravnholdt seconded by Theis to recommend approval of both resolutions for Ravinia 5th and 6th Additions with an amendment to condition 11 to continue to allow vinyl siding on front elevations; as well as the correction of an acreage calculation for Ravinia 6th Addition. Voting Aye: Jacobs, Ravnholdt, Wu, Theis, and Schultz. (Motion carried 5:0) 8. Reports /Information a. Planning Project Update — Information Only b. City Council Report — Councilmember LaFave updated the Planning Commission on City Council activities. c. Other Business — Commissioner Ravnholdt informed the Planning Commission that the July meeting may be his last as he is moving out of the area soon. Chair Jacobs and Commission members thanked Commissioner Ravnholdt for his hard work and dedication during his time on the Planning Commission. 9. Adjournment Motion made by Ravnholdt seconded by Schultz to adjourn. Voting Aye: Jacobs, Ravnholdt, Wu, Theis, and Schultz. (Motion carried 5:0) Meeting adjourned at 8:38pm. Submitted by Mike Pritchard Code Compliance Official • L A N From Site to Finish Agenda Item 7_a. • D F 0 R M • • 105 South Fifth Avenue Suite 513 Minneapolis, MN 55401 TO: Corcoran Planning Commission FROM: Kendra Lindahl, Landform DATE: July 28, 2016 for the August 4, 2106 Planning Commission • Tel: 612 - 252 -9070 Fax: 612 - 252 -9077 www.landform.net RE: Maple Hill Estates and Mobile Hope. Application for Sign Variances for 7800 Maple Hill Road. (PID 24- 119 -23 -43 -0015) (City File 16 -018) REVIEW DEADLINE: September 13, 2016 1. Application Request Maple Hill Estates and Mobile Hope are requesting 4 variances from the sign standards in Chapter 84 of the City Code to: a. Allow an off -site sign for Hope Center to share the Maple Hill Estates sign b. Allow a dynamic display on residential property c. Increase the allowable sign area from 32 sq. ft. to 39.3 sq. ft. d. Allow a 2 -foot setback where 10 feet is required. 2. Context Background The applicant is requesting approval of 4 variances to allow construction of a new monument sign at the entrance to Maple Hill Estates that would communicate the entrance of the manufactured home park and direct visitors to the Hope Center. Zoning and Land Use The Maple Hill Estates property is currently guided Medium Density Residential and zoned Manufactured Home Park. The adjacent Hope Center site is guided C guided Low Density Residential and zoned Urban Reserve (UR). The property is located in Southeast District and on the edge of the Downtown District as described in Appendix B of the Zoning Ordinance. 3. Analysis Staff has reviewed the application for consistency with the Comprehensive Plan, Zoning Ordinance and City policies. The City Engineer's comments are incorporated into this staff report. Landform ®, SensiblyG -0 and Site to Finish" are registered service marks of Landform Professional Services, LLC. 0 A. Level of City Discretion in Decision - Making C The City has a relatively high level of discretion in approving or denying a variance application. The City has a higher level of discretion with a variance because the burden of proof is on the applicant to show that the variance standards have been met. B. Consistency with Ordinance Standards There are no existing monument signs on either the Maple Hill Estates property or the Hope Center property. It is staff's understanding that Maple Hill Estates previously had a freestanding sign, but that sign has been removed. The new signage must comply with the standards in Chapter 84 (Signs) of the City Code. The proposed sign face is 51 feet (8.5 feet x 6 feet) with 39.3 sq. ft. of sign area as defined by Section 84.03 of the sign ordinance. The ordinance allows 32 sq. ft. of sign area, so a variance is required for the proposed sign area. The sign is 6 feet high. The sign has a 15 sq. ft. of dynamic signage (38% where 40% is allowed). This is consistent with the sign ordinance standards. There are 4 variances requested. The burden of proof is on the applicant to show that all of the following criteria have been met. The Planning Commission could recommend approval of all of the variances, none of the variances or some of the variances; therefore, staff has evaluated each variance separately. Variance #1 — Off -Site Sign for Hope Center to Share the Maple Hill Estates sign Section 84.08 of the sign ordinance prohibits off - premises signs and requires that signage be located on the property where the development is located. However because the Hope Center does not have access or visibility from a public street, they are requesting the ability to be located on the Maple Hill Estates property. 1. That there are practical difficulties in complying with the Zoning Ordinance There are practical difficulties in complying with the Zoning Ordinance, because the Hope community center parcel does not have frontage or access onto a public street. Placing the sign on the community center property would make it visible only to those that have already navigated to the site through the manufactured home park. The off -site sign will ensure that visitors and guests can find the community center. 2. That the conditions upon which a petition for a variation is based are unique to the parcel of land for which the variance is sought and were not created by the landowner. This is a unique situation as there are few parcels without frontage on a public street and no other city -owned parcels (the property is currently owned by the City of Corcoran) Maple Hill Estates Sign Variance (city file 16 -018) August 4, 2016 • • • without frontage on a public street. The signage will provide needed wayfinding to this public building. 3. That the granting of the variation will not alter the essential character of the locality. The granting of the variance will not alter the essential character of the locality. The applicant has worked to provide signage for both the manufactured home park and the community center on a signage that would be allowed for Maple Hill Estates. 4. The proposed variance would be in harmony with the general purposes and intent of the Ordinance. The proposed signage would be consistent with the general purpose and intent of the ordinance, which notes that the sign ordinance is intended to a) to encourage the effective use of signs as a means of communication for businesses, organizations and individuals in the City of Corcoran, b) to provide for adequate way- finding in the community, thus reducing traffic congestion, c) to provide adequate means of business identification, advertising and communication and d) To prohibit signs of such excessive size and number that they obscure one another to the detriment of the economic and social well -being of the city. The signage will communicate the location of the community center that can only be accessed through Maple Hills Estates and is not visible from a public street. 5. The variance is consistent with the Comprehensive Plan. The variance is consistent with the Comprehensive Plan, which encourages the "Creation of opportunities for a thriving downtown area combining a range of retail, public gathering, and residential spaces." The City and Mobile Hope have partnered in the development of the community center as public gathering space and the signage will ensure that residents and visitors can find the center. Variance #2 — Dynamic Display on Residential Property Dynamic signs are allowed for non - residential uses in residential districts (such as churches and schools) but are prohibited for residential uses (such as Maple Hill Estates or Ravinia). The community center would be allowed a 32 sq. ft. sign with dynamic display on their property and Maple Hill Estates would be allowed a 32 sq. ft. sign on their property, but they have decided to combine the two signs into one 39.3 sq. ft. sign at the main entrance and are asking to be allowed to incorporate the dynamic sign on the shared sign. 1. That there are practical difficulties in complying with the Zoning Ordinance. The practical difficulty is that the community center is located on a lot that does not have access on a public street. Access to the Hope Center is from Maple Hill Road and through the Maple Hill Estates neighborhood. Unfortunately, the community center is Maple Hill Estates Sign Variance (city file 16 -018) August 4, 2016 • �z.; • • accessed through a separate property, which makes placing the sign in this location most desirable. The dynamic display would be allowed if it were located on the community center property, but not is not allowed on the Maple Hill Estates property. 2. That the conditions upon which a petition for a variation is based are unique to the parcel of land for which the variance is sought and were not created by the landowner. This is a unique situation as there are few parcels without frontage on a public street and no other city -owned parcels (the property is currently owned by the City of Corcoran) without frontage on a public street. The signage will provide needed wayfinding to this public building. 3. That the granting of the variation will not alter the essential character of the locality. The granting of the variance will not alter the essential character of the locality as dynamic signs are permitted for non - residential uses in this district. If the Hope Center was part of the Maple Hill Estates park, they would be allowed the dynamic signage in this location. 4. The proposed variance would be in harmony with the general purposes and intent of the Ordinance. The proposed signage would be consistent with the general purpose and intent of the ordinance, which notes that the sign ordinance is intended to a) to encourage the effective use of signs as a means of communication for businesses, organizations and individuals in the City of Corcoran, b) to provide for adequate way- finding in the community, thus reducing traffic congestion, c) to provide adequate means of business identification, advertising and communication and d) To prohibit signs of such excessive size and number that they obscure one another to the detriment of the economic and social well -being of the city. The signage will communicate the Hope Center activities in a more visible location than the allowed on -site sign would as the community center can only be accessed through Maple Hills Estates and is not visible from a public street. 5. The variance is consistent with the Comprehensive Plan. The variance is consistent with the Comprehensive Plan, which encourages the "Creation of opportunities for a thriving downtown area combining a range of retail, public gathering, and residential spaces." The City and Mobile Hope have partnered in the development of the community center as public gathering space and the signage will ensure that residents and visitors can find the center and learn about activities and events. Maple Hill Estates Sign Variance (city file 16 -018) August 4, 2016 • • • • Variance #3 — Increase the Allowable Sign Area from 32 Sq. Ft. to 39.3 Sq. Ft. The applicant is requesting a variance to allow a joint sign that would be 39.3 sq. ft. where 32 sq. feet is allowed. In lieu of two 32 sq. ft. signs, they are requesting one 39.3 shared sign. 1. That there are practical difficulties in complying with the Zoning Ordinance. The applicant is allowed one 32 sq. ft. sign on the Hope Center property and a 32 sq. ft. sign on the Maple Hill Estates property. Unfortunately, the Hope Center property does not have frontage on a public street and can only be accessed through the Maple Hill Estates entrance. The two individual signs allowed by ordinance would not be as effective and would result in more signage than that requested by the applicants. The shared sign is slightly larger than one sign, but less than the total area of the two signs allowed by ordinance. 2. That the conditions upon which a petition for a variation is based are unique to the parcel of land for which the variance is sought and were not created by the landowner. This is a unique situation as there are few parcels without frontage on a public street and no other city -owned parcels (the property is currently owned by the City of Corcoran) without frontage on a public street. The signage will provide needed wayfinding to this public building. The shared sign would result in less total signage than would be allowed with the two allowed signs. 3. That the granting of the variation will not alter the essential character of the locality. The variance will not alter the essential character of the locality. The sign would have 39.3 sq. ft. of sign copy. Both Maple Hill Estates and Hope Center would be allowed to have a sign with 32 sq. ft. of sign copy on their respective parcels. The proposed signage combines the two signs into one sign that is less than the sign copy potential of two individual signs. 4. The proposed variance would be in harmony with the general purposes and intent of the Ordinance. The proposed signage would be consistent with the general purpose and intent of the ordinance, which notes that the sign ordinance is intended to a) to encourage the effective use of signs as a means of communication for businesses, organizations and individuals in the City of Corcoran, b) to provide for adequate way- finding in the community, thus reducing traffic congestion, c) to provide adequate means of business identification, advertising and communication and d) To prohibit signs of such excessive size and number that they obscure one another to the detriment of the economic and social well -being of the city. Maple Hill Estates Sign Variance (city file 16 -018) August 4, 2016 • • • • 5. The variance is consistent with the Comprehensive Plan. The variance is consistent with the Comprehensive Plan, which encourages the "Creation of opportunities for a thriving downtown area combining a range of retail, public gathering, and residential spaces." The City and Mobile Hope have partnered in the development of the community center as public gathering space and the signage will ensure that residents and visitors can find the center and results in less total sign area than could be allowed on the two parcels. Variance #4 — Allow a 2 -Foot Setback where 10 Feet is Required. The applicant is requesting a 2 -foot setback from Maple Hill Road where 10 feet is required. The burden of proof is on the applicant to show that they meet the variance standards and, if there is a documented practical difficulty (hardship), that the action requested is the minimum action needed to alleviate the hardship. Staff does not believe that the variance standards have been met for the setback variance. 1. That there are practical difficulties in complying with the Zoning Ordinance. The applicant indicates that the existing site conditions, including the location of the existing home and the existing site grades create a practical difficulty. The question for the City is whether or not the stated conditions are practical difficulties or simply a desire to provide a sign as close as possible to the road in order to preserve the most options for the adjacent home site. The applicant has the burden of proof to show a) that they have a hardship that precludes them from meeting the setback and b) the requested variance is the minimum action necessary to alleviate the hardship. Staff finds that the setback variance could be met and still provide 26 feet between the adjacent home and the sign and the sign would still be visible from the street. Moving the sign back would also improve visibility for vehicles existing Maple Hill Estates. 2. That the conditions upon which a petition for a variation is based are unique to the parcel of land for which the variance is sought and were not created by the landowner. One of the reasons that the applicant cites for the variance is that they cannot move the sign to the 10 -foot setback and still be able to move the existing home from the site or replace that home with a larger home. There is 26 feet between the home and the required 10 -foot setback at the closest point. If the Commission finds that more than 26 feet if required in order to move the adjacent home or move a larger one in, the Commission must question whether or not the 2 -foot variance is the minimum action necessary. The conditions upon which the request is based was created by the landowner and that the sign could be placed at the required setback and still allow adequate room to maneuver the homes in and out of the park. Staff does not believe that the applicant has Maple Hill Estates Sign Variance (city file 16 -018) August 4, 2016 • 0 provided facts to indicate that the required variance is the minimum action necessary to alleviate the hardship. 3. That the granting of the variation will not alter the essential character of the locality. Granting the variance will not alter the essential character of the locality. The sign will be a nice addition to the neighborhood, will provide helpful wayfinding to the Hope Center and will offer community information to residents. 4. The proposed variance would be in harmony with the general purposes and intent of the Ordinance. The sign ordinance includes setback requirements to ensure that visibility is maintained for public safety, space is preserved for future street expansions and drainage and utility easements are not impacted by grading or structures. Staff notes that the proposed sign location is outside of the sight visibility triangle and there are no existing drainage and utility easements on site. Maple Hill Road is shown as a connector road in the Southeast District Design Guidelines, which is planned as a 60 foot right -of -way. If Maple Hill Road is improved in the future as envisioned, the sidewalk would be on the property line, 2 feet from the proposed sign. 5. The variance is consistent with the Comprehensive Plan. The variance is consistent with the Comprehensive Plan, which anticipates this type of development in the medium density residential district. Summary Staff finds that the proposed signage is reasonable for the location and type of use, and that the signage is typical of signage in other nearby communities. We support the first three variance requests, but we do not believe that the applicant has met the variance test for the fourth variance for reduced setbacks. The Commission should review the ordinance standards and make a recommendation. The draft ordinance includes language for approval of three variances, but denial of the setback variance based on the finding that the variance standards have not been met. If the Commission finds that the variance standards have been met for the setback variance, they could modify the draft ordinance with findings of fact for approval. 4. Recommendation Move to recommend approval of three variances and denial of the setback variance. Maple Hill Estates Sign Variance (city file 16 -018) August 4, 2016 • Attachments a. Resolution approving three variances b. Resolution denying setback variance c. Aerial Location Map d. Applicant's Narrative dated July 15, 2016 e. Applicant's Plans dated July 15, 2016 f. Letter from resident dated July 26, 2016 Maple Hill Estates Sign Variance (city file 16 -018) August 4, 2016 City of Corcoran County of Hennepin State of Minnesota RESOLUTION NO. 2016 - XX Motion By: Seconded By: August xx, 2016 APPROVAL OF VARIANCES FOR MAPLE HILL ESTATES SIGN AT 7800 MAPLE HILL ROAD (PID 24- 119 -23 -43 -0015) (CITY FILE 16 -018) WHEREAS, Maple Hill Estates and Mobile Hope are requesting approval of variances for a monument sign on property legally described as follows: Lot 2, Block 1, Maple Hill Estates 2 "d Addition, Hennepin County, Minnesota WHEREAS, the Planning Commission has reviewed the sign variance a duly called public meeting and recommends approval, and; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORCORAN, MINNESOTA, that it should and hereby does approve the request for sign variances, subject to the following findings and conditions: 1. The Master Sign Plan to allow a monument sign at Maple Hill Estates, in accordance with the narrative and plans dated July 15, 2016, as amended by this resolution. 2. A variance to allow an off - premises sign for the Hope Center is approved, subject to the following findings: a. There are practical difficulties in complying with the Zoning Ordinance, because the Hope community center parcel does not have frontage or access onto a public street. Placing the sign on the community center property would make it visible only to those that have already navigated to the site through the manufactured home park. The off -site sign will ensure that visitors and guests can find the community center. b. The conditions upon which a petition for a variation is based are unique to the parcel of land for which the variance is sought and were not created by the landowner. This is a unique situation as there are few parcels without frontage on a public street and no other city -owned parcels (the property is currently owned by the City of Corcoran) without frontage on a public street. The signage will provide needed wayfinding to this public building. c. The granting of the variance will not alter the essential character of the locality. The applicant has worked to provide signage for both the manufactured home park and the community center on a signage that would be allowed for Maple Hill Estates. d. The proposed variance would be in harmony with the general purposes and intent of the Ordinance, which notes that the sign ordinance is intended to a) to encourage the effective use of signs as a means of communication for businesses, organizations and individuals in the City of Corcoran, b) to provide for adequate way- finding in the community, thus reducing traffic congestion, c) to provide adequate means of business identification, advertising and communication and d) To prohibit signs of such excessive size and number that they obscure one another to the detriment of the economic and social well -being of the city. The signage will communicate the location of the community Page 1 of 4 City of Corcoran August xx, 2016 County of Hennepin State of Minnesota RESOLUTION NO. 2016 - XX center that can only be accessed through Maple Hills Estates and is not visible from a public street. e. The variance is consistent with the Comprehensive Plan, which encourages the "Creation of opportunities for a thriving downtown area combining a range of retail, public gathering, and residential spaces." The City and Mobile Hope have partnered in the development of the community center as public gathering space and the signage will ensure that residents and visitors can find the center. 3. A variance to allow a sign with dynamic display on residential use property is approved, subject to the following findings: a. There are practical difficulties in complying with the Zoning Ordinance. The practical difficulty is that the community center is located on a lot that does not have access on a public street. Access to the Hope Center is from Maple Hill Road and through the Maple Hill Estates neighborhood. Unfortunately, the community center is accessed through a separate property, which makes placing the sign in this location most desirable. The dynamic display would be allowed if it were located on the community center property, but not is not allowed on the Maple Hill Estates property. b. That the conditions upon which a petition for a variation is based are unique to the parcel of land for which the variance is sought and were not created by the landowner. This is a unique situation as there are few parcels without frontage on a public street and no other city -owned parcels (the property is currently owned by the City of Corcoran) without frontage on a public street. The signage will provide needed wayfinding to this public building. c. The granting of the variance will not alter the essential character of the locality as dynamic signs are permitted for non - residential uses in this district. If the Hope Center was part of the Maple Hill Estates park, they would be allowed the dynamic signage in this location. d. The proposed variance would be in harmony with the general purposes and intent of the Ordinance, which notes that the sign ordinance is intended to a) to encourage the effective use of signs as a means of communication for businesses, organizations and individuals in the City of Corcoran, b) to provide for adequate way- finding in the community, thus reducing traffic congestion, c) to provide adequate means of business identification, advertising and communication and d) To prohibit signs of such excessive size and number that they obscure one another to the detriment of the economic and social well -being of the city. The signage will communicate the Hope Center activities in a more visible location than the allowed on -site sign would as the community center can only be accessed through Maple Hills Estates and is not visible from a public street. e. The variance is consistent with the Comprehensive Plan, which encourages the "Creation of opportunities for a thriving downtown area combining a range of retail, public gathering, and residential spaces." The City and Mobile Hope have partnered in the development of the community center as public gathering space and the signage will ensure that residents and visitors can find the center and learn about activities and events. Page 2 of 4 City of Corcoran August xx, 2016 County of Hennepin State of Minnesota RESOLUTION NO. 2016 - XX 4. A variance to allow a sign with dynamic display on residential use property is approved, subject to the following findings: a. There are practical difficulties in complying with the Zoning Ordinance. The applicant is allowed one 32 sq. ft. sign on the Hope Center property and a 32 sq. ft. sign on the Maple Hill Estates property. Unfortunately, the Hope Center property does not have frontage on a public street and can only be accessed through the Maple Hill Estates entrance. The two individual signs allowed by ordinance would not be as effective and would result in more signage than that requested by the applicants. The shared sign is slightly larger than one sign, but less than the total area of the two signs allowed by ordinance. b. The conditions upon which a petition for a variation is based are unique to the parcel of land for which the variance is sought and were not created by the landowner. This is a unique situation as there are few parcels without frontage on a public street and no other city -owned parcels (the property is currently owned by the City of Corcoran) without frontage on a public street. The signage will provide needed wayfinding to this public building. The shared sign would result in less total signage than would be allowed with the two allowed signs. c. The variance will not alter the essential character of the locality. The sign would have 39.3 sq. ft. of sign copy. Both Maple Hill Estates and Hope Center would be allowed to have a sign with 32 sq. ft. of sign copy on their respective parcels. The proposed signage combines the two signs into one sign that is less than the sign copy potential of two individual signs. d. The proposed variance would be in harmony with the general purposes and intent of the Ordinance, which notes that the sign ordinance is intended to a) to encourage the effective use of signs as a means of communication for businesses, organizations and individuals in the City of Corcoran, b) to provide for adequate way- finding in the community, thus reducing traffic congestion, c) to provide adequate means of business identification, advertising and communication and d) To prohibit signs of such excessive size and number that they obscure one another to the detriment of the economic and social well -being of the city. e. The variance is consistent with the Comprehensive Plan, which encourages the "Creation of opportunities for a thriving downtown area combining a range of retail, public gathering, and residential spaces." The City and Mobile Hope have partnered in the development of the community center as public gathering space and the signage will ensure that residents and visitors can find the center and results in less total sign area than could be allowed on the two parcels. 5. No other freestanding signage shall be allowed on the Maple Hill Estates and Hope Center properties. 6. Prior to installation of the sign, the applicant must submit a building permit with detailed specifications as required by Section 84 of the City Code. 7. Prior to issuance of building permits, the applicant/landowner must: Page 3 of 4 City of Corcoran August xx, 2016 County of Hennepin State of Minnesota RESOLUTION NO. 2016 - XX a. Record the approving resolution at Hennepin County and provide proof of recording to the City. 8. Approval shall expire within one year of the date of approval unless the applicant commences the authorized use. VOTING AYE ❑ Guenthner, Ken ❑ Hank, Pat ❑ Keefe, Mike ❑ LaFave,Tonya ❑ Thomas, Ron VOTING NAY ❑ Guenthner, Ken ❑ Hank, Pat ❑ Keefe, Mike ❑ LaFave,Tonya ❑ Thomas, Ron Whereupon, said Resolution is hereby declared adopted on this xx day of August 2016. Kenneth Guenthner - Mayor ATTEST: City Seal Jessica Beise — City Clerk /Administrative Services Coordinator Page 4 of 4 City of Corcoran August xx, 2016 County of Hennepin State of Minnesota RESOLUTION NO. 2016 - XX Motion By: Seconded By: DENIAL OF VARIANCE FOR MAPLE HILL ESTATES SIGN SETBACK AT 7800 MAPLE HILL ROAD (PID 24- 119 -23 -43 -0015) (CITY FILE 16 -018) WHEREAS, Maple Hill Estates and Mobile Hope are requesting approval of a variance to allow a 2 -foot sign setback where a 10 -foot setback is required for a monument sign on property legally described as follows: Lot 2, Block 1, Maple Hill Estates 2nd Addition, Hennepin County, Minnesota WHEREAS, the Planning Commission has reviewed the sign variance a duly called public meeting and recommended denial, and; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORCORAN, MINNESOTA, that it should and hereby does deny the request for the sign setback variance, based on the finding that variance standards in the City Code and Minnesota Statute §462.357, Subd. 6 have not been met. Specifically: 1. The application and plans dated July 15, 2016 request a 2 -foot setback where a 10 -foot setback is required. 2. The request is denied based on the following findings a. The applicant has not met the burden of proof to show that there are practical difficulties in complying with the Zoning Ordinance. The applicant has not provided information to show that they have a hardship that precludes them from meeting the setback and the requested variance is the minimum action necessary to alleviate the hardship. That the setback variance could be met and still provide 26 feet between the adjacent home and the sign and the sign would still be visible from the street. Moving the sign back would also improve visibility for vehicles existing Maple Hill Estates. b. That the conditions upon which a petition for a variation is based are not unique to the parcel of land for which the variance is sought and were created in part by the landowner. The sign could be placed at the required setback and still allow adequate room to maneuver the homes in and out of the park. The applicant has not provided facts to indicate that the required variance is the minimum action necessary to alleviate the hardship. c. That the granting of the variation will alter the essential character of the locality by allowing a sign setback that is less than required by City Code. d. The proposed variance would not be in harmony with the general purposes and intent of the Ordinance, to ensure that visibility is maintained for public safety, space is preserved for future street expansions and drainage and utility easements are not impacted by grading or structures. When Maple Hill Road is improved in the future, the sidewalk would be on the property line and only 2 feet from the proposed sign. Page 1 of 2 City of Corcoran August xx, 2016 County of Hennepin State of Minnesota RESOLUTION NO. 2016 - XX e. The variance is consistent with the Comprehensive Plan, which anticipates this type of development in the medium density residential district, but is not consistent with Zoning Ordinance standards. VOTING AYE ❑ Guenthner, Ken ❑ Hank, Pat ❑ Keefe, Mike ❑ LaFave,Tonya ❑ Thomas, Ron VOTING NAY ❑ Guenthner, Ken ❑ Hank, Pat ❑ Keefe, Mike ❑ LaFave,Tonya ❑ Thomas, Ron Whereupon, said Resolution is hereby declared adopted on this xx day of August 2016. Kenneth Guenthner - Mayor ATTEST: City Seal Jessica Beise — City Clerk /Administrative Services Coordinator Page 2 of 2 Hennepin County Property Map & Date: 7/28/2016 4 A PARCEL ID: 2411923430015 OWNER NAME: Bruce B Hay Estates PARCEL ADDRESS: 7800 Maple Hill Rd, Corcoran MN 55340 PARCEL AREA: 28.57 acres, 1,244,301 sq ft A -T -B: Torrens SALE PRICE: $4,000,000 SALE DATA: 07/2000 SALE CODE: Excluded From Ratio Studies ASSESSED 2015, PAYABLE 2016 PROPERTY TYPE: Residential HOMESTEAD: Non - Homestead MARKET VALUE: $5,681,000 TAX TOTAL: $110,528.24 ASSESSED 2016, PAYABLE 2017 PROPERTY TYPE: Residential HOMESTEAD: Non - homestead MARKET VALUE: $5,698,000 1 inch = 400 feet Comments: This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is notsuitable for legal, engineering or surveying purposes. Hennepin County shall not be liable for a ny damage, injury or loss resulting from this data. COPYRIGHT © HENNEPIN COUNTY 2016 Revised 08/05/15 Please attach a brief description of your project /reason for your request. SURVEY CERTIFICATE FOR: MAPLE HILL ESTATES LOT 2, BLOCK I, MAPLE HILL ESTATES 2ND ADDITION, HENNEPIN COUNTY, MINNESOTA. I I W. LINE OF LOT 2, BLOCK I, MAPLE HILL ESTATES 2ND1 ADDITION - No J J Z � I � I I ---- - - - - -- - - - - - -- 610 ----------- N. 1/4 COR. OF SEC. 25, T. Ilq, R. 23 FD. CIM — HENNEPIN COUNTY MONUMENT--/ 2.0' 0 z CL 0 Lu cs 0 Cu D STREET Q cn z LU O 0 0 Q CONCRETE _ CURB BOULDERS (TYP) o PROPOSED 10 � SAN. NH - CRIBAPPLE TREE - -10 FT. SETBACK LINE L'POWER POLE ` -FD. 1/2 INCH IRON PIPE NOTE: I. THIS SURVEY IS A LIMITED BOUNDARY SURVEY OF LOT 2. INTENTION OF SURVEY IS TO SHOW THE BOUNDARY LINE AND SETBACK FOR THE NEW SIGN. A COMPLETE BOUNDARY SURVEY OF LOT 2 WAS NOT COMPLETED, AND THIS SURVEY WAS PREPARED WITHOUT BENEFIT OF A VESTING DEED OR TITLE COMMITMENT. 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 a of Minnesota. e ERIC B. LINDGREN Date: 07/15/16 License. No. 46176 Revised: - -- Q N O J S. LINE OF LOT 2, BLOCK I, MAPLE HILL ESTATES 2ND ADDITION (t NORTH 0 20 SCALE IN FEET • • 105 South Fifth Avenue • • Suite 513 L A N L F O R M • From Site to Finish Minneapolis, MN 55401 � Web: landform.net Job No. COR12022 Drawing: VSURCOR022 Survey Certificate By: SPK T•T MobfleHoffikPae Sign Project Updated Sign Design Permit Supporting Documents 7800/7900 Maple Hill Road Corcoran,, MN 55340 6" x 2'x 9' Concrete Slab i Sign i 16 "x8.5' ------------------------------------------ - - - - -� 8 ft. 6 in. -I 6 ft. Total Text & Graphic Area = 39.3 sf Dynamic Area = 15 sf (38 %) 7.5 in. I- 8 ft. 6 in. 14" x 66" = 6.4sf 6 ft. �1 ft. 4 in.� Deep E "APLE HILL.E TATES A Community of Hope 7800-7900 612 - 669 -6700 ThinkDigitaISigns.com wear resums PID:2411923434015 7800 Maple Hill Rd Corcoran, MIN 55340 Bruce B Hay Estates HAY HOLDING COMPANY LLC 7800 MAPLE HILL RD D -45 CORCORAN MN 55340 AotAiAw*4 Ai 28 acres Parcel Area: -57 1,244,301 sq ft TorrenslAbstract: Torrens Addition Maple Hill Estates 2nd Addn Lot: 002 Block- 001 Metes & Bounds: AotAiAw*4 Ai t 1 #' ' F F Stf L 2,. _ It AotAiAw*4 Ai II� k I. '.1 -...: I 7om _ 1 r V _ Pol CS Setback Requirement = 10' I � Setback Variance Request= 2' -- I I � d -- CONCRETE CURB SAN. 2.0' ll t k1 I�J I �y�r,PF'LE �TQEE I �• ki5 nr FIN -- I I � d -- CONCRETE CURB SAN. NH -7, 1 �y�r,PF'LE �TQEE I �• nr FIN METER `� -10 FT. SETBACK- �X. CITY OFCORCORA 1 *Mg,wmm RD) I i I br MDJ40) Lfy((mt gmerah&cisomom-ma :VS Avbdt —v ei comomil mn w CITY OF CORCORAN NOTICE OF APPLICATION Raed 14 PA, w Thy. Amt 4-2016 at 7:00 PM or as soon thereafter as possible. to consider a �, at -IBM!, viraw fo 94Y (filD k3nwatmda sign with a Z .setback 10C is required. 38 -7..5y square foot sign area *twm 3�z, -s� is albmd, and a bjqmn&- &3pfay arjtew&jrrW pmply ommealsaw be subafftW m wffmg Pmrtotlelmafft"T . Dated: July 21, 2016 4 b)hA;te-t)e-,r Y),gr Aiq des 4-6 olo 6)? 12es pr-orr- 6t -6 r? 7800/7900 Maple Hill Road Corcoran, MN 55340 Setback Variance Request Supporting Documents RECEIVED 8/3/2016 Mobl"'IeHope ft. 6 in. 6 ft. l hereby certify that this survey, plan or report was prepared by me or under my direct supervision an d that I am a duly licensed Lead Surveyor under the laws �e Ito of Minnesota. EIRIC 6, LINDGREN License. No. 45176 Date: 07/15/16 Revised: - -- s 105 South Fifth Avenue ' Suite 513 L A N D F 0 R M • • Minneapolis, N 55401 From Site to Finish i Web: landform.net Job %- COR12022 Drawing: V URCOR022 Survey C01ficate By- SPK 3 ,� I I L- I-- I aauLaERs (-Fyp) 15.5 0 H c I The Requested Setback of 2' creates a distance of 15.5' from the sign to corner of the existing mobile home. t-,U ti z ECI CUB E30ULPE Q- 5 (T PI), —f e —ti F 5 If we are required to meet the existing 10' setback requirement we create a distance of 7.5' from the sign to corner of the existing mobile home. L.0 z r �{ 51 CH 7.5' 10 f, e� L ff ( I If we were to move in a new mobile home that was 16' wide we would only be 5.5' from the sign to the corner of the mobile home. - 10 { _ CUB BOULPEPS T P I� s� F 10 11 a , IV) 13 • L A N From Site to Finish Agenda Item: 7.b. a D F Q R M • 105 South Fifth Avenue Suite 513 Minneapolis, MN 55401 TO: Corcoran Planning Commission FROM: Kendra Lindahl, Landform DATE: July 28, 2016 for the August 4, 2016 Planning Commission Meeting 0 • Tel: 612- 252 -9070 Fax: 612 - 252 -9077 www.landform.net RE: Public Hearing. Interim Use Permit /Conditional Home Occupation License (CHOL) for a dog kennel on the 5.595 acre site at 19520 Stieg Road (PID 01- 119 -23 -31 -0002) (City File 16 -020) 60 -DAY REVIEW DEADLINE: September 18, 2016 1. Application Request The applicant has requested approval of an Interim Use Permit to allow operation of a Commercial Kennel on his property at 19520 Stieg Road. 2. Context Level of City Discretion in Decision - Making The City's discretion in approving or denying an interim use permit is limited to whether or not the proposed request meets the standards outlined in the City Code. If it meets these standards, the City must approve the interim use permit. Zoning and Land Use The property is guided Existing Residential on the 2030 Future Land Use Plan and zoned Urban Reserve (UR). The surrounding properties to the north and west are guided and zoned the same. The property to the east and south (across Stieg Road) are guided Low Density Residential and zoned RSF -2 (Single Family Residential 2) and UR respectively. Natural Characteristics of the Site There are a number of trees on site, which the applicant is proposing to preserve. The Hennepin County natural resource map shows three possible wetlands on site. According to the applicant, the small wetland in the center of the site is a man -made pond. 3. Analysis of Request Staff has reviewed the application for consistency with Comprehensive Plan, Zoning Ordinance and City Code requirements, as well as City policies. The City Engineer's comments are incorporated into this staff report. LandfoW, SensiblyGreen® and Site to Finish® are registered service marks of Landform Professional Services, LLC. Interim Use Permit r 0 The applicant is requesting approval to allow operation of a commercial dog kennel at his home at 19520 Stieg Road. The business, called "The Pet Farm ", would provide daycare and boarding options for dogs and cats. The facility would use two of the existing accessory buildings for operation of the kennel —both buildings would be upgraded to meet building code standards for a commercial operation such as this. Building 2 would have approximately 23 kennels and Building 1 would be the intake area and daycare area. The applicant is proposing to add customer and employee parking within the existing gravel areas and would add a fenced play area and walking trails for the dogs. Permit Type The UR zoning district lists both "Conditional Home Occupation License (CHOL) as allowed by Section 1030.100 (Home Occupations) of the Zoning Ordinance" and "Commercial Kennels, subject to Chapter 81 of the City Code" as interim uses in this district. This seems to imply that Commercial Kennels might be reviewed differently than the CHOL kennels, but there is no clear direction why the two are listed as different uses. It seems to imply that commercial kennels could be treated as a CHOL OR as other conditional /interim uses in this district, such as Commercial Feedlots, Commercial Riding Stables, Greenhouses and Nurseries, that could be operated differently than a home occupation. The applicant is requesting one thing that cannot be granted with a CHOL that could be granted if a Commercial Kennel is considered an IUP: • Section 1030.100 of the Zoning Ordinance establishes standards for home occupations and states that "No home occupations that come into existence after May 24, 2001 shall be permitted to have on -site employees or employees on -site for the purpose of staging work to be performed off - site." Chapter 81 (Animals) of the City Code defines kennels as one of two types (the same definitions are used in Section 1020 of the Zoning Ordinance): COMMERCIAL KENNEL. A structure or premises where dogs are kept or possessed for the business of boarding, breeding, grooming and or training for profit. HOBBY KENNEL. A structure or premises that is located in a residential area that is not operated as a business for the sale, breeding, grooming, boarding, or training but rather as a hobby. Wherein the dogs are kept exclusively as personal /family pets. Section 81.09 goes on to define Kennel Licensing Requirements: 81.09: KENNEL LICENSING REQUIREMENTS COMMERCIAL KENNEL – The Home Occupation Ordinance shall govern any commercial activity involving dogs including, but not limited to, breeding, sales, grooming, or boarding. All commercial kennels shall be required to apply for an Interim Use Permit for the Conditional Home Occupation License (CHOL), as described in the Zoning Ordinance. Benjamin IUP for Commercial Kennel (16 -020) August 4, 2016 r HOBBY KENNEL LICENSE — Person's owning four (4) or more dogs over six months of age, whom are not involved in commercial activity must obtain a hobby license. The fee for said license shall be set from time to time by city council resolution. The premises shall have a secure fenced area of at least thirty -five (35) square feet per dog and shelter from the weather. The dogs shall be fed and watered properly so as to maintain a healthy condition. A site inspection by the city councils duly authorized agent shall be done to assure compliance with such standards. Access /Traffic The applicant is proposing to use the two existing driveway curb cuts so serve the site. The east entrance would be a one way entrance and the west drive would be a full access. Parking /Drive Aisles Section 1060.060 of the Zoning Ordinance requires parking and drive aisles to be a minimum of 50 feet from Stieg Road and 10 feet from all other property lines. It is not clear if the proposed customer parking meets the front yard setback. We have included a condition that requires that the plans be revised to show the required 50 -foot setback. Building 1 is 2,328 sq. ft. and building 2 is 846 sq. ft. (3,174 total sq. ft.) The applicant shows 3 employee parking stalls and 4 customer stalls. The City does not have established standards for the number stalls required for this use. Staff reviewed other cities and found the following: • 21 st Century Land Development Code" from the American Planning Association: Minimum: 1 per 300 sf GFA Maximum: 1 per 1,500 sf GFA • Bloomington, IN: 1 space per employee on the largest shift, plus 1 space per 500 sq. ft. GFA • St. Charles, IL: 3 spaces per 1,000 GFA • St. Cloud, MN: 1 space per 600 sq. ft. of gross floor area These standards would require anywhere from 3 -11 stalls for a use of this size. Staffs finds that the 7 proposed stalls would be consistent with these standards. The ordinance requires the following minimum stall size and drive aisle widths: Minimum Dimensional Requirements for Parking Angle of Parking Stall Width Parallel to Aisle Stall length of Line Stall Depth Aisle Width 450 127' 25' 17'6" 12' 600 104" 22' 19' 16' 750 9'3" 20' 19'6" 23' 900 9' 18'6" 18'6" 26' Benjamin IUP for Commercial Kennel (16 -020) August 4, 2016 r The employee parking stalls are 90 degree stalls and must be a minimum of 9'x 18.5'. The customer parking stalls appear to be 45 degree stalls, which are required to be 127' x 17.5 ". The plans must be revised to properly dimension the parking stall and drive aisle dimensions. Utilities The applicant will be required to provide water to the site and a unisex bathroom in one of the buildings. The applicant's plan shows a new holding tank north of building #1. We have included a condition requiring that they obtain the required permits from the Health department and Hennepin County. Grading Limited grading is proposed on site to add 7 new parking stalls, drive aisle and accessible sidewalk route. The applicant has plans walking paths around the site. If any grading is proposed, the applicant is responsible for working with the Elm Creek Watershed Management Commission regarding any potential wetland impacts. The City Engineer has reviewed the grading plan and finds that it is in compliance with ordinance requirements. Screening /Landscaping There are a number of existing trees on site. As no new buildings are proposed, no new parking is required, however, the applicant is proposing to add a number of new coniferous trees to further buffer the use. Site Lighting No new lighting is shown on the plans, but the applicant has indicated that they want to make improvements to the building. Any lighting that is added must comply with the standards in Section 1060.040 of the Zoning Ordinance. Signage The applicant is proposing a new monument sign for the business. The sign ordinance does allow a 32 square foot sign for a non - residential use and Section 84.08 states that "No person with a home occupation as defined in Section 1030.100 of the Zoning Ordinance shall be permitted to erect a sign advertising the home occupation, except as otherwise permitted by the City as part of a conditional home occupation license. In cases where signs are permitted as part of a conditional home occupation license, signs shall conform to the standards for residential uses in Table 2." The City has the ability to approve the requested sign. Staff finds that the sign is appropriate for the proposed use and is consistent with the ordinance standards. Benjamin IUP for Commercial Kennel (16 -020) August 4, 2016 • • 0 Number of Pets r The building 2 plans show 23 boarding units. We have included a condition limiting the number of overnight boarding to 23 dogs. The applicant indicates that up to 50 pets may be on site during the day. The pets will be kept either in one of the two buildings or in the outside play area when they are not being walked. The outside play area will be screened with a 6 -foot tall white vinyl fence. Employees The applicant has indicated that he will be the primary employee of the business, but would like to employ up to 4 part time employees. While a conditional home occupation is prohibited from having any employees, staff notes that other non - residential uses in the residential district (such as commercial riding stables, greenhouses and nurseries have been permitted on the same parcel as the home and have been permitted to have employees. • The commission should provide direction on whether or not the applicant should be allowed to employ up to 4 part time employees. Interim Use Permit Standards Section 1070.030 of the Zoning Ordinance establishes standards for an Interim Use Permit as follows: A. Meet the requirements of a conditional use permit set forth in Section 1070.020, Subd. 3. i. Compliance with and effect upon the Comprehensive Plan, including public facilities and capital improvement plans. ii. The establishment, maintenance or operation of the conditional use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. iii. The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. iv. The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. V. Adequate public facilities and services are available or can be reasonably provided to accommodate the proposed use. vi. The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located. vii. The conditional use and site conforms to performance standards as specified by this Chapter. B. The use is allowed as an interim use in the respective zoning district. C. The date or event that will terminate the use can be identified with certainty. D. The use will not impose additional unreasonable costs on the public. E. The user agrees to any conditions that the City Council deems appropriate for permission of the use. Benjamin UP for Commercial Kennel (16 -020) August 4, 2016 • Summary r Staff finds that the standards for an interim use permit have been met or can be addressed with the changes discussed in the staff report. We have included conditions in the draft resolution to address these issues. 5. Recommendation Move to recommend approval of the resolution approving the IUP for the Commercial Kennel. Attachments 1. Draft resolution approving Interim Use Permit 2. Site Aerial Location Map 3. Hennepin County Natural Resources Map 4. City Engineer's memo dated July 27, 2016 5. Building Official Comments dated July 18, 2016 6. Applicant's Narrative dated July 13, 2016 7. Certificate of Survey received July 20, 2016 8. Site Plan received July 13, 2016 9. Colored rendering received July 13, 2016 10. Building floor plans received June 21, 2016 Benjamin IUP for Commercial Kennel (16 -020) August 4, 2016 City of Corcoran County of Hennepin State of Minnesota RESOLUTION NO. 2016 -XX Motion By: Seconded By: August xx, 2016 APPROVING AN INTERIM USE PERMIT FOR DANIEL BENJAMIN AT 19520 STIEG ROAD (PID 01- 119 -2 -31 -0002) (CITY FILE 16 -020) WHEREAS, the landowner has requested approval of an interim use permit to allow a Commercial Kennel at property legally described as follows: That part of the Northeast Quarter of the Southwest Quarter lying northerly of Stieg Road, Section 01, Township 119, Range 23, Hennepin County, Minnesota. WHEREAS, the Planning Commission has reviewed the interim use permit at a duly called Public Hearing and recommends approval, and; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORCORAN, MINNESOTA, that it should and hereby does approve the request for an interim use permit, subject to the following findings and conditions: An interim use permit is approved to allow a commercial kennel for dogs and cats as a Conditional Home Occupation License, in accordance with the application received by the City on June 21, 2016 and revisions received on July 13, 2016 and July 20, 2016, except as amended by this resolution. 2. The Zoning Ordinance allows Conditional Home Occupation Licenses and Commercial Kennels as Interim Uses in the UR zoning district. Furthermore: a. The City finds that the intent of this dual listing to allow more flexibility for this type of home occupation than other home occupations. b. The applicant shall comply with all home occupation standards except as specifically modified per this resolution. 3. The Conditional Home Occupation License is issued to Daniel Benjamin for the operation of "The Pet Farm ". This permit is non - transferable. If the business ceases, if ownership of the business changes, or if the individual to whom a license has been issued ceases to own the subject premises, the CHOL is automatically revoked 4. The Conditional Home Occupation License is approved based on the finding that the standards in Section 1030.100, Subd. 7 and Section 1070.030 have been met. Specifically: a. The applicant is requesting the conditional home occupation license to operate his commercial kennel business in two existing buildings. The proposed use will be screened from adjacent properties by existing and proposed landscaping as shown on the plans. b. The accessory buildings would be finished modified and upgraded to accommodate the proposed commercial operations. There is nothing to indicate that the proposed improvements would devalue adjacent and surrounding properties. Page 1 of 3 City of Corcoran August xx, 2016 County of Hennepin State of Minnesota RESOLUTION NO. 2016 -XX c. The proposed kennel would not generate noise beyond state standards. The nearest homes are over 450 feet away from the proposed kennel buildings and play area. d. There are no environmental concerns, including but not limited to drainage, wastewater, wells and wetland issues related to this project. e. No public services are needed to accommodate the proposed use. f. The home occupation appears to have minimal impact on neighboring properties. 5. The proposed business signage is permitted, but must comply with Section 84 of the City Code. The applicant must obtain a sign permit from the City prior to installation of the sign. 6. The maximum number of pets to be boarded overnight is 24, which is based on the units shown in building 2. 7. No outside storage of materials related to the home occupation is allowed. 8. Any lighting proposed must comply with Section 1060.040 of the Zoning Ordinance. 9. The site plan shall be revised to ensure compliance with the 50 -foot front yard parking setback. 10. The site plan shall be revised to comply with parking stall and drive aisle dimensional requirements. 11. In addition to the owner, the business shall be allowed up to 4 part -time employees. 12. The applicant shall comply with the City Engineer's memo dated July 27, 2016. 13. The applicant shall comply with the Building Official's memo dated July 18, 2016. 14. A building permit must be obtained and a final inspection completed by the City prior to beginning operation of the Home Occupation in the proposed detached accessory building. 15. No approvals are granted for impacts to wetlands. The applicant is responsible for coordinating with Elm Creek Watershed Management Commission for any required wetland of stormwater permits. 16. The applicant is responsible for obtaining all require Hennepin County septic permits. 17. The applicant is responsible for obtaining all required permits for the water extension. 18. The applicant must provide a waste management plan for City review and approval to ensure sanitary disposal of all animal waste. 19. Prior to beginning the site work, the applicant /landowner must: Page 2 of 3 City of Corcoran August xx, 2016 County of Hennepin State of Minnesota RESOLUTION NO. 2016 -XX a. Record the approving resolution at Hennepin County and provide proof of recording to the City. b. Submit fence details for the fence that will enclose the dog play area for review and approval by the City. c. Submit electronic files of the survey and site plan prepared by Sathre - Bergquist, Inc. to the City in AutoCAD format. d. Submit a financial guarantee for the proposed work as outlined in Section 1070.050, Subd. 9 of the Zoning Ordinance. 20. Approval shall expire within one year of the date of approval unless the applicant commences the authorized use and completes the required improvements. 21. The Conditional Home Occupation License shall be issued for 3 years in accordance with the procedures outlined in Section 1030.100 of the Zoning Ordinance. The permit shall be administratively reviewed every 3 years to ensure compliance with conditions of approval and ordinance requirements. 22. The City may revoke or modify the CHOL upon a finding that conditions have changed to warrant revocation or modifications of the license. VOTING AYE ❑ Guenthner, Ken ❑ Hank, Pat ❑ Keefe, Mike ❑ LaFave,Tonya ❑ Thomas, Ron VOTING NAY ❑ Guenthner, Ken ❑ Hank, Pat ❑ Keefe, Mike ❑ LaFave,Tonya ❑ Thomas, Ron Whereupon, said Resolution is hereby declared adopted on this xx day of August 2016. Kenneth Guenthner - Mayor ATTEST: City Seal Jessica Beise — City Clerk /Administrative Services Coordinator Page 3 of 3 Hennepin County Property Map Date: 7/26/2016 M iopr-- " _, yN fi �& 111. �42 H 4 4 PARCEL ID: 0111923310002 OWNER NAME: Stacey & Dan Benjamin PARCELADDRESS: 19520 Stieg Rd, Corcoran MN 55374 PARCEL AREA: 5.71 acres, 248,924 sq ft A -T -B: Abstract SALE PRICE: $315,000 SALE DATA: 09/2013 SALE CODE: Warranty Deed ASSESSED 2015, PAYABLE 2016 PROPERTY TYPE: Residential HOMESTEAD: Homestead MARKET VALUE: $293,000 TAX TOTAL: $4,357.42 ASSESSED 2016, PAYABLE 2017 PROPERTY TYPE: Residential HOMESTEAD: Homestead MARKET VALUE: $302,000 1 inch = 400 feet Comments: This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is notsuitable for legal, engineering or surveying purposes. Hennepin County shall not be liable forany damage, injury or loss resulting from this data. COPYRIGHT © HENNEPIN COUNTY 2016 _ Hennepin County Natural Resources Map Date: 7/26/2016 Legend Streams FEMA Floodplains - 100 1_, ._ _ - _ = Yea r A, n r AE, t AH, r AO AE, FLOODWAY Wetlands Potential Wetland - HCWI Probable Wetland - HCWI Probable Wetland - NWI DNR Public Waters r r I PID: 0111923310002 Comments: " 1 inch = 200 feet Address: 19520 STIEG RD, CORCORAN This data (i) is fumished'AS IS' with no Owner Name: STACEY & DAN BENJAMIN representation as to completeness or accuracy; Acres: 5.71 (i i) is furni sh ad wit h n o wa rran ty of a ny ki nd ; a nd (iii) is notsuitable for legal, engineering or surveying purposes. Hennepin County shall not be fable for any damage, injury or loss resulting from this data. COPYRIGHT ©HENNEPINCOUNTY 2016 Technical Memo Engineer's Memorandum To: Kendra Lindahl, City Planner From: Kent Torve, P.E., City Engineer Date: July 27, 2016 Subject: Pet Farm Commercial Kennel 1. Background V^,Ak V WENCK Responsive partner. Exceptional outcomes. A commercial kennel is being proposed for an existing property on Stieg Road. • Grading is limited to added impervious for concrete parking and sidewalk, however no drainage is modified. • Engineering has no other comments. End of Memo Wenck Associates, Inc. 1 1800 Pioneer Creek Center I P.O. Box 249 1 Maple Plain, MN 55359 -0249 Toll Free 800 - 472 -2232 Main 763 - 479 -4200 Email wenckmp @wenck.com Web wenck.com METRO WEST INSPECTION SERVICES, INC. Laren Kohnen, Pres. July 18, 2016 TO: Kendra Lindahl FROM: Laren Kohnen RR; Pet Farm CUP 1 Commercial Kennel Daniel Benjamin No Address Provided (763) 479 -1720 FAX (763) 479 -3090 Mtrowst76@aol.com FILE Copy r 1. After review of the information and visiting the site, it appears that Building #1 and Building #2 will be used. Building #3 cannot be used because of Building Code problems; items not being able to be met ... one item is head room. 2. Building #1 and #2 must be accessible and 1 unisex restroom provided in either buildiing. It 'the existing septic system is to be used, it must be in compliance with the Septic code and sized properly. 3. The accessible parking must be signed properly. 4. All walkways must be,�hard surfaced and accessible parking and unloading. LK : j Box 248, Loretto, Minnesota 55357 FILE COPY ,' -,u Executive summary The Pet Farm will offer a unique alternative pet daycare and boarding option in the northwest metro, highlighted by grand, upscale natural outdoor play areas "on the farm atmosphere" beautiful facilities, top notch service and convenient growing suburban location. I have spent the past 16 years in the construction field as Paul Armstrong's right hand man. From the start, my hands on approach has proven very effective in all aspects of business. There wasn't a task to big or small, important or insignificant, from actual labor, operating equipment, management, scheduling, sales, identifying growth opportunities, quality control and customer service. My view has always been "if a job is worth doing, it's worth doing well" accompanied by "the only way to lead is by example." This has also served me well the last two years learning all the ins and outs, front and back of house management, in the restaurant business. For many years, I have been working nights and weekends saving every dime and looking for an opportunity to strike out on my own, utilizing my strengths, knowledge of business practices, work ethic, leadership, love of animals and personal property, to achieve a financially fulfilling work, and personal life. Ever since my beautiful son Everett was born this desire has grown exponentially. I believe the timing is perfect, have identified a booming unsaturated pet care market in a vibrant fast growing demographic as well as shortcomings in my competition. Company Description The Pet Farm will provide convenient overnight lodging and daycare for dogs and cats of all sizes as well as basic grooming. Our target customers will be pet owners looking for a healthy clean family run business to trust with the care of their loved pet as well as those looking for an alternative option, with large outdoor space, fresh air and a farm environment. We will have a beautiful facility with ample space for a welcoming intake and small retail store front, public restroom, grooming room, lodging and indoor playgrounds. The facility will be built on our beautiful 5.7 acre hobby farm, creating a very unique atmosphere, allowing for very large fenced in exterior play areas and long on leash walks through our natural meadow. The concept of The Pet Farm will convey all the conveniences, luxuries and advantages of the big franchised dog daycare and lodging businesses without the indoor factory commercial setting. What will set us apart is the beautiful farm setting and extensive natural outdoor spaces for the dogs to roam without sacrificing value, amenities, a close convenient location or customer service. Impact There are three major concerns when opening a new home business. 1. Traffic The Pet Farm Will be located on Stieg Road, a connecting rout between 101 and 115. Stieg road is relatively busy, especially during morning and evening work commute. Almost all of the customer visits, to The Pet Farm will occur during these times. Customers will be dropping off their pet for daycare on the way to work and picking up on the way home. Weekend business is very slow, because it is mainly boarding over the weekend. Most drop offs occur late in the week and pick -ups early in the week. Our weekend hours will be limited as well. 2. Noise The knee jerk reaction would be to expect excessive noise. I have experience in this industry and understand dog behavior. Our practices will assure the dogs will be inside during the most stimulating interaction (the first dog community interaction of the day). have spent countless hours designing a facility that is practical, beautiful and will mitigate excessive noise. There are large indoor play areas for the dogs to meet each other and work off the first burst of morning excitement. The outdoor play area will be surrounded by a six foot high solid panel white vinyl fence that will block the sparse barks and be esthetically pleasing. We encourage a more peaceful atmosphere for the dogs as well as he staff. Excessively loud dogs will receive a time -out. We will offer long on leash walks on our mowed meadow paths which will offer a variety of exercise and change of pace. Dogs on leash will be under close supervision preventing any excessive barking. The average dog bark is 75 decibels at 3 feet. My closest neighbor's house is 400 feet away. According to the calculated damping factor of a distance over 400 feet, the decibel level would drop to 32.14 decibels. To put that into perspective, a Whisper in a quiet library at 6 feet is 30 decibels, That is a clear uninterrupted, unrestricted decibel calculation without a fence or tree screening. I will have both. As the Pet Farm grows over the years, I will be adding additional trees for privacy, noise reduction and beauty. This will inherently reduce already existing traffic noise from 115, 94, and 101 as well as Stieg Road, for me and my neighbors. 3. Curb appeal Since moving into our hobby farm almost three years ago, I have dedicated thousands of hours to saving our historical 100 year old barn stabilizing the other two outbuildings and addressing issues all over the property. plan on continuing to increase the overall appearance of our property with more beautiful landscaping, gardens, trees, hardscape upgrades and fencing ect., while maintaining the farm theme. Along the on leash walking path I plan to seed the natural meadow with an assortment of wild flowers to attract bees, butterflies and birds. Over time I also Plan to add many trees for screening and wildlife. I would like it to be a small "wildlife preserve ". Great for the neighbors, the dogs and the staff. I plan to plant a number of strategically place blue and green spruce trees in various spots for beauty screening and privacy. This will be an upscale small business. The customers are only onsite for a matter of minutes, mainly during morning and evening commute to work. The employee parking is mostly hidden behind our historical barn. The accessory buildings will only look better with this process. Accessory building one will have a full remodel. The exterior will have new dormer windows, a fresh front facade and new paint. Accessory building two will have an interior remodel. The exterior is currently very attractive. have already started extensive landscaping around the perimeter with a flag stone boarder pine bark mulch and many beautiful perennials. The sign is a design I have used in my Champlin house, for an upscale stained cedar combo fence, with powder coated ivy detail. It will be illuminated with standard landscape up- lighting. I assure you my property will not disappoint. Closing 1 have spoken with many neighbors about The Pet Farm and I have received many kind words of support and encouragement. I believe that The Pet Farm will be a great fit for our community and offer many benefits for the city of Corcoran. Thank you for taking the time to read my vision. Daniel Benjamin 612 799 3256 I I I 1 I LOT 6 v, I LO 5 i.vf 2 Y 1AI I NI A [) RI T A Y C7 r- !� n NI n A n n IL T I Y'1 NI \ I V Y I 1,", CS 7�1 R 1 4 ., L- S I r, I L �. L v V i N L l l�3 L1 D 1 T I V 111-41 - 9--CHAIN UNM FENCE ti 9300 N89 °5 1'28'•E 961.15 \ I nmIP If! OFDI - - - r\ \ Fldl P 15233 l \ I �j, 5d „-_ _}�- n \• FO JL i �% NOR THEI Sw 1/4 OF SEC.01 j ILI \ °wm -,asa iue- �r- �n -�-- �e vdF=�- 3se -cow �o '� - �- j-TFMn -rose- ww �Twe -- tee. -.i ®� s- wa '�• 25 I Cass S %3s"S \ \ \ g8�9 3� 85•t��\� +�� yT�_�� ` 4 .la �\`11 CJ .sea �'ir� � ni _ -` � \.1 � I 92W.u2 r�'1 sa' /a+� MAN MADE PONB ``r 41 }1 i h� i�s� -�44 I" 11 ✓ {� 93380 �, v tuo "O 70' $ le 0.1931.2 1 tr LEE DETAIL - IF 1 � =9asi �� 76• I y"�BIg 12]7.5 9 " `� : \ R% "If ! y�� 9N.s 971.7 2a• lrl. 234.1 35` - F IW A LIJi qP R1R 1 &160143S/ 10' NJi NC ° I W N S � .\ "s�4.2 5 OI2l2 fk 93.3 \ \ .9]51 _ 111 i 1, h.v' a ffi / \ nr f �'- DINC .7�M •lq SSI l e y' ` f { .Y "i 0� \� n f�7 9 \ � - ]� _ C / 20• Rt 2b ] h ]'l49 -f'TI Id' ti/97..1 1 e 491.4 � � �_ O � - �if8]I.e 935.2 a1` fi say3 rry 34' . _ \ _ 14' J3is \y, w 4J9aie L 11, \��\ d I t'� eaJn 1 Ir,"'J /J'l I I 3 1 f 3 s74. e 4 J 'M6` m. -\ v {s5• t p' +tr k JkICp1 9� d ( •9W4 S k'q cC f' 110.4 9J7 Y31 e? a"r 9376. I "�+ / / \ \ "9']!.5 `\ }54 °19! `J3o S } \9p3�66 �' , 4• ,\ y 1 0' 3 _J N / ,), C. 93 �.i B'de �.'ejry 'il{ 73 • +v ! I 1 �x.`I .r � -�I1b- lie i �K/ 05 n 4 00 �. s• � °i.4t..�97as ° •'� ` at I f I� a I}, � 4r �/ � ' � / •� � a ^� % " "' � :4,,,` r 3 � 9 �, `pro, 6) 7�L�1' � ;3�s Rr �J nryG i l � � JI f ]_ 976�5�<y„� �p� f� y.'Y f r ° ,437.9 n2 \�� R6L ^Y L .9773 -i 9.1i *9314 ,� •\ \ Jg d �` 37 ^5.^o39aa2 _ l i�� _ 3 _ \�\ ,.S `N[ v.` °+ fad i \x'9662 �f 92S a � f 4. +"'h.. •953J` / �'�°M��} 4 � �A /(O ass 4 .9]9 ; d 75 ------------------------------ ��t 983 J,-2sBs� a sl ° .�. JNG? E0.4 \ \ `3ru i.°,i� �76».s,� {2j9.5 2 -32• - •93T3 �y7y 'g.� ? 9l�a SAS c'. 61 i, A9 `\ DESCREMON OF PROPERTY SURVEYED Thal Pont oftl*Noributt Q,enrr of de Swit%w Qu nr lying norilmly ofSlleg Road, S,clfoo01, 0000dip 119, Raog,23,11_gin Camty, Nlln^,•^°• 1. Sit. Add- :19520'dg R.4 CVieong Afime'o1a 55374 2. Flood 2AAe]erematr,o: Thk property appem to Re in Zoe. X(Arra wblk the l.peicmt.m°I&b D,dpl ton o, of l% mod chen<e.hcd Row 11.Wog wbeis.-S. dcpllu m I- It.. If U a'ua or I% annual d - 'Imam "..ding where tho coobdi ling dmE p- I.I -au,.1 upm mit, In arm POIZ.1 .doe.11 nmual thou, Good by kvso. No Haw Flood 111 -liom m d,PSe uo'hoan of i. thl. oc. lwuuoca push- In ml=wyuvirM in Ihew zone.) per blood lmawnre Rat, hfip, C 000000ity Pmel No, 27053CW47& eff",v doe ofSepVolber 2.d. 20M. 3. P ... I Ana loul.-d.,,: Gmu A- 243,737', r. - 5.395 eau 4, Borioo k. Rlentioota bwdm H,meP3o C,00'Iy Caroni Point Nmc CATTLE Bich bm meIea -'don of-. 414.15 feel(NAV099} 5. Zoninglafm.tlde 11.cro,,nA toeing for the'uX- pNpN, it UR(UWn R­) Dg4.nyer 24,2014. 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Hardcover - 2,000 S.F. path Dwldiag 1 847 S.P. eeilding2 2,729 S.F. Bwwin83 - 2,906 S.P. Buddiug4 - 285 S.F. On�ewav � 3,8903 P. T, W Ulmdomn Am - 12,257 SP. P.annee8e �5.D3% ProposeJ P­,t =2,241 SIR Trod PemPmd H.4-1. = 14,498 S.P. Panalag, =3,95% FILE COPY 1'GE1�' e­ m, era basedoANo Remndn Coo", Gmedlnale Syalem (HAD 83 - 5986 rxi.j 50 25 0 25 50 100 SCALE HQ RET• FIELD CREW NO. BY DATE RMSroN USEpNCLUDINGNFORMA,ON) OF THIS PR DUCK CONVEYANCE IT INFORMATION) OF THIS PFLOt7UCT N STRICTLY PROHIBITED VWTFIOSIT SATHREBFRfgUIST, INC:a EXPRESS WRITTENALRHORI7ATION. USEWRHOUTSAID AUTHORL7ATIONCONSTRUITESANILLEGIHMATEUSEANO SHALL THEREBY INDEMNIFYSATHRE49ER000IST, INC. OF ALL RESPONSIBILrTY. nATHRcacaGOUISr, INC. RESERVES 701E WGHTTO HI ILLEGIHMATE USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING FROM ILLEGITIMATE USE s4F LEGEND 1 N GW f 1 'al DH V EMWI 7!112018 9x ✓ Tv All A DRAWN - All f V . CLIENT COMMENTS R [:7 CATCH DAMN i BUILDING SETBACK LINE 1'GE1�' e­ m, era basedoANo Remndn Coo", Gmedlnale Syalem (HAD 83 - 5986 rxi.j 50 25 0 25 50 100 SCALE HQ RET• - I WATERMAIN FIELD CREW NO. BY DATE RMSroN USEpNCLUDINGNFORMA,ON) OF THIS PR DUCK CONVEYANCE IT INFORMATION) OF THIS PFLOt7UCT N STRICTLY PROHIBITED VWTFIOSIT SATHREBFRfgUIST, INC:a EXPRESS WRITTENALRHORI7ATION. USEWRHOUTSAID AUTHORL7ATIONCONSTRUITESANILLEGIHMATEUSEANO SHALL THEREBY INDEMNIFYSATHRE49ER000IST, INC. OF ALL RESPONSIBILrTY. nATHRcacaGOUISr, INC. RESERVES 701E WGHTTO HI ILLEGIHMATE USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING FROM ILLEGITIMATE USE SURVEY LEGEND sU '1'} SATHRE- BERGQUIST INC. a 0�^ 9' f 1 FILE NO. 10903.001 DH I EMWI 7!112018 CAST IRON MONUMENT w A/C UNIT BITUUINGUS DRAWN - All f EMW 7!132018 CLIENT COMMENTS [:7 CATCH DAMN 30 CABLE TV PEDESTAL « TRANSFORMER BUILDING SETBACK LINE 70132018 � CHECKED 4 EMW 7!1512018 UPDATEDHARDOCIVER. CULVERT ELECTRIC ELECTRIC MANHOLE crv- CABLE TV' VC-All n X lk7 X60 C DATE C•} GATE VALVE = GUT WIRE 03 CONCRETE CURB O CONCRETE ' Cbpp 4v)t I 'Cr © GAS METERE7ER 'sa CONTOUR s •�' CRF C �4 � i O SURVEY MONUMENT SET © GAS VALVE CONTOUR PROPOSED PROPOSED e \ • SURVEY MONUMENT FOUND 4 Y� WAND RAIL n* GRAIN TILE cr -E - • 0 9366 / \� \ � DENOTE PROPOSED CONCRETE AREA n SURVEY CONTROL POINT C7 LIGHT POLE HAND HOLE SOIL BORING ELECTRIC UJDERCROUND _a -x-FENCE - ro- -FIBER OPTIC UNDERGROUND 1 POWER PCLE TREE CONIFEROUS s ' b011 •°O'�•� /! U4Y `II PORTABLE CURB TO BE INSTALLED AT PARKING STALLS SANITARY MANHOLE CJ TREE DECIDUOUS -G-- GAS UNDERGROUND -o"u- OVERHEAD UTILITY i FHT // h j �3s' Q SANITARY O.EANOUT ID TELEPHONE MANHOLE - DErA L a SIGN M TELEPHONE PEDESTAL 40H+HHHHH f RAILROAD TRACKS a 2/12 o ✓ 9790 �`� r_ .5392 20 10 0 10 20 40 9'r7 -s GROUND ELEVATIOe1 - TRAFFlC SIGNAL -; - SANITARY SEWER SEWER ` STORM DRAIN ® UTILITY MANHOLE STORM �� i/ � SCALE IN FEET Q STORM MANHOLE U UTILITY PEDESTAL TELEPHONE UNDERGROUND �- UTILITY NE NDERGRO \' j 'LV- 7]' /% O YARD LIGHT '0 WELL - I WATERMAIN FIELD CREW NO. BY DATE RMSroN USEpNCLUDINGNFORMA,ON) OF THIS PR DUCK CONVEYANCE IT INFORMATION) OF THIS PFLOt7UCT N STRICTLY PROHIBITED VWTFIOSIT SATHREBFRfgUIST, INC:a EXPRESS WRITTENALRHORI7ATION. USEWRHOUTSAID AUTHORL7ATIONCONSTRUITESANILLEGIHMATEUSEANO SHALL THEREBY INDEMNIFYSATHRE49ER000IST, INC. OF ALL RESPONSIBILrTY. nATHRcacaGOUISr, INC. RESERVES 701E WGHTTO HI ILLEGIHMATE USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING FROM ILLEGITIMATE USE I hereby certify that thi' purvey, pl,a ar wpott wm pnpa d by we or under my di y wpervisiou end dw lam a duly Liter d Lend Survey- rider U3e14We aftha5tats ofAUnnes9ta. D41MGti91 hdayofJ 2016. I ry.�k vy` 13AVld H, PembeNan, PIS Miencaara Liceoxe N. 40344 pcmhmtm4saduc tom ERB `�'i, ra sU '1'} SATHRE- BERGQUIST INC. a TWII 10 - RGE.23 - SEC.01 CERTIFICATE OF SURVEY PREPARED FQR', FILE NO. 10903.001 DH I EMWI 7!112018 ADDED PROPOSEUPAVEMEN1, FARKWO Pruled Chy' Corcoran Hennepin COUnly DRAWN - 2 EMW 7!132018 CLIENT COMMENTS EMW 3 EMW 70132018 REVISED PATH CHECKED 4 EMW 7!1512018 UPDATEDHARDOCIVER. o mop G4FN6 � ISO SGUTH BROADWAY WAYZATA, MN. 55391 J952) 476 -60M ? WWW.SAIHRE.COM rt. PVp'da DBP DATE cW118 I 938.6 0 I = 847 S.F. 312 939.0 O // /� I �: Jk2�$" m 93 8 Building 4 IN\ 0 33" 937.4 40.1 < = 3,890 S.F. Total Hardcover Area V C11 /1T A Proposed Pavement Area = 3,802 S.F. \ °w� / / 28" 938.5 CLIENT COMMENTS Hennepin County / x 938.3 \938 6 x m ° 28" // / CHECKED C6 \ ° 939.5// 9 L� r DBP L_ U v \ �i 06 -13 -16 T \ A/ I N I A E:) N I r- T A T r- r- i N I r-\ A r, r\ I -r I r-,\ N I I V V 1 1 V L-; / -\ I\ 1 V 1 V L) / -\ U V I I I \J I N � \ ��- HAIN uNK FENCE 612811 E � N89 5� 961.15 �\ 931A X X� 930.6 X 930.0 A _ FND IP 15233 FND IP 1/2 OPEN FND IP 15233 \ '\ FND CIM CIM o i` NORTH LINE OF THE NE 1/4 OF J _ - o °y 3\6 3 \� --//o 1 <, l / THE SW 1/4 OF SEC.01 + 9� X933 \ \ 4) \ 1959 1859 0SSG 0959 X1959 lass lass 1 less 195 �QS9 N9S9 X859 r 08S9 X859 less NQS9 1858 1858 18s8 1858 1�s8 less �l8se 1859 X858 1858 N9S1 1SSG A\ g \ \ BS J l ✓'� / os �3, �� /0 ° 93�o V66 0 6 93 ?> \ \ 0 eSe`� \� �� I x 933.2 \932 - n \ \ C� /3, + �, e m \ se( n \ X936 n x 933.3 x 933.7 \ �- 89/`3 9 m I ✓v o x 933.0 N 20" x 933.0 r 300\ 0-) 1 \ / V)i -- 933.2 ��. //x 93p. g -9,32 \ I C3934.2 mr X 93 .0 °\ 6S J 1 _ x � \ �� z 11\ 30" �� MAN MADE POND x19 ( 11 �\ 933.0 / i x 933.6 �,z '� � � i 933.6 �, � I 1 � mw � oh �0D \6 \ /l O oz \ \ \k \\ 1 �_ 35" x / \ � IJ\ o J 0 �\ \ 933.9 O \ ` \ 32930.9 \ x 935.2 9� mw w \ 9 `FOR% \eSe 9L' \ 30" x 933.6 x 93316 / 30" z co 34 y ( 1--, r3 % 09342 1 SEE DETAIL Iw Ll_ F4k \ \34.0 \ 30'- F--------- r---- - - - - -� -- ------- - - - - -- �- O 1 J= \ x 9,1� 1935 8 9 .. \ T iF c y RT OF 934.8 1 1 I 9� 93 35' g O � 26 � q �'q y (\ ` 14 934.7I 35. I I w n I 33 \ F 934.6 24" 934.1 35 1 N \ 3 �. I Jz 9 \ \ \ OR es9(\ 1 935.0 935.4 i 10" 9 BC7 /4� /NG / �� x 9 .2 I ND = Ld 934.8 I x 935.51 !� / 35 934 7 0935".8 \ I Q X73. �I4 n CO � / �w x 932.1 \esg( _ 93B OI N 60 . 35.4 \ �h. � \ i N M N aj &24" J eSg I ® 936.1 eV /C� EX \ �� / r < h O \ 933.4 ( 936.3 v g D/\ \ ° / \ 34' I W \ 33 \ % 936.7 <v 3j6 M' 4 \� I 0 10" 935 \ 3 °y0 20" 6�n(\ 26 % �2 937 �J'938.2 gas 936.1 I x 934.4 N 934.8 \\ a '� 935.6 e( 9 N c`� ¢� 932 g 1 G q 935 3 j m S\ 34" / „ 935.2 `/ a .\ 935.8 (, \� -� 1 34.0 '93- 3 8 9� °j3 4 1' r 93j 3 �E� I _� w , ° A 934.7 N 8 2. rn Xl 36. g 6 ?cFF� 1 m Q NO 26" BS `O E I g 4 x 9 314 4 J o 934, °� ( / ^'� ° � 93S `93 Mj y /� . 86 I g 36 -- - - - - - - - - -M \ eUl k8.4 934.1 f 3% 3 s x �� 24" 3� 0 \� q \3�8 J� , C�N� " / 0 E x 7 937.5 g3 3 rn 91 ?3 �FrE2 SING 1 z h 13 3 9 I x 9 h'0 I 8 S � � 2/ 0 N g (y� 2 -28" 3j2 64.3 2 8 3�S 5411 l /939. 939 N 8 \938.6 I\ 0 Cl) o �. I 0" m 93 x T 936.8 �� 14"939 s �v 6S6( j J 4. l A _ -� 36- �135 .6 = �Q \ 93 / 938.5 O OFF, 9 1 = 0� i h 1 ' N m I \ ° o ° z X 10 / 938.9 10 �� //C 9390 938.8 I 938.3 o C�; 9 36 ' 6. a 6.1 936.9 o 1 w q 2 .. x 937.3 I m �. \ x 93� x g3 940.0 I h rn� 9 UE� 0 3 i m .. \ 6 934.4 6�. � 658 r� 3 \ ss ° h .9 \ I 25 P .! 20\ . \ 1 \ 936 \ 10 I `b 10 // eSe� . 9� I Jlx 937.2 ° o 93 3 \ 938.7 -- °�----- - - - - -- - - -- - -- - - - - -- - -N m INV- 5 \ \ 937.m \ Co x 939 a c CO 64 3 0 � / x 934.4 a 9 Z_ 936. g_ o FFFo \ 9 30 DENOTE PROPOSED CONCRETE AREA PORTABLE CURB TO BE INSTALLED AT PARKING STALLS 20 10 0 10 20 40 SCALE IN FEET I 1 I I �Y L0 Lo 0 O U) C_� LIJ k- <j .J r1 L1_ _7 L_ _D DESCRIPTION OF PROPERTY SURVEYED That part of the Northeast Quarter of the Southwest Quarter lying northerly of Stieg Road, Section 01, Township 119, Range 23, Hennepin County, Minnesota. 1. Site Address: 19520 Stieg Road, Corcoran, Minnesota 55374 2. Flood Zone Information: This property appears to lie in Zone X (Areas outside the 1- percent annual chance floodplain, areas of 1% annual chance sheet flow flooding where average depths are less than 1 foot, areas of 1% annual chance stream flooding where the contributing drainage area is less than 1 square mile, or areas protected from the 1% annual chance flood by levees. No Base Flood Elevations or depths are shown within this zone. Insurance purchase is not required in these zones.) per Flood Insurance Rate Map, Community Panel No. 27053CO043E, effective date of September 2nd, 2004. 3. Parcel Area Information: Gross Area: 243,737 s.f. - 5.595 acres 4. Benchmark: Elevations are based on Hennepin County Control Point Name: CATTLE which has an elevation of 924.15 feet (NAVD88). 5. Zoning Information: The current Zoning for the subject property is UR (Urban Reserve) per the City of Corcoran's zoning map dated December 24, 2014. The setback, height, and floor space area restrictions for said zoning designation were obtained from the City of Corcoran found on their web site on the date of June 13th, 2016 and are as follows: Principal Structure Setbacks - Front: 50 feet ( Stieg Road) Side: 25 feet Rear: 30 feet Height: 35 feet Please note that the general restrictions for the subject property may have been amended through a city process. We could be unaware of such amendments if they are not in a recorded document provided to us. We recommend that a zoning letter be obtained from the Zoning Administrator for the current restrictions for this site. 6. Utilities: We have shown the location of utilities on the surveyed property by observed evidence only. There may be underground utilities encumbering the subject property we are unaware. Please note that we have not placed a Gopher State One Call for this survey. There may or may not be underground utilities in the mapped area, therefore extreme caution must be exercise before any excavation takes place on or near this site. Before digging, you are required by law to notify Gopher State One Call at least 48 hours in advance at 651/454 -0002. House 938.6 0 In e m 34" 9.2 °- = 847 S.F. 312 939.0 O // /� o %�Sg( 938.2 �eSe Jk2�$" m 93 8 Building 4 IN\ 0 33" 937.4 40.1 < = 3,890 S.F. Total Hardcover Area = 12,257 S.F. C11 �j x 939.5 Proposed Pavement Area = 3,802 S.F. \ °w� / / 28" 938.5 CLIENT COMMENTS Hennepin County / x 938.3 \938 6 x m ° 28" // / CHECKED C6 \ ° 939.5// 9 O 1111 N c�FRs o" I 1 I I �Y L0 Lo 0 O U) C_� LIJ k- <j .J r1 L1_ _7 L_ _D DESCRIPTION OF PROPERTY SURVEYED That part of the Northeast Quarter of the Southwest Quarter lying northerly of Stieg Road, Section 01, Township 119, Range 23, Hennepin County, Minnesota. 1. Site Address: 19520 Stieg Road, Corcoran, Minnesota 55374 2. Flood Zone Information: This property appears to lie in Zone X (Areas outside the 1- percent annual chance floodplain, areas of 1% annual chance sheet flow flooding where average depths are less than 1 foot, areas of 1% annual chance stream flooding where the contributing drainage area is less than 1 square mile, or areas protected from the 1% annual chance flood by levees. No Base Flood Elevations or depths are shown within this zone. Insurance purchase is not required in these zones.) per Flood Insurance Rate Map, Community Panel No. 27053CO043E, effective date of September 2nd, 2004. 3. Parcel Area Information: Gross Area: 243,737 s.f. - 5.595 acres 4. Benchmark: Elevations are based on Hennepin County Control Point Name: CATTLE which has an elevation of 924.15 feet (NAVD88). 5. Zoning Information: The current Zoning for the subject property is UR (Urban Reserve) per the City of Corcoran's zoning map dated December 24, 2014. The setback, height, and floor space area restrictions for said zoning designation were obtained from the City of Corcoran found on their web site on the date of June 13th, 2016 and are as follows: Principal Structure Setbacks - Front: 50 feet ( Stieg Road) Side: 25 feet Rear: 30 feet Height: 35 feet Please note that the general restrictions for the subject property may have been amended through a city process. We could be unaware of such amendments if they are not in a recorded document provided to us. We recommend that a zoning letter be obtained from the Zoning Administrator for the current restrictions for this site. 6. Utilities: We have shown the location of utilities on the surveyed property by observed evidence only. There may be underground utilities encumbering the subject property we are unaware. Please note that we have not placed a Gopher State One Call for this survey. There may or may not be underground utilities in the mapped area, therefore extreme caution must be exercise before any excavation takes place on or near this site. Before digging, you are required by law to notify Gopher State One Call at least 48 hours in advance at 651/454 -0002. House = 2,000 S.F. Building 1 = 847 S.F. Building 2 = 2,329 S.F. Building 3 = 2,906 S.F. Building 4 = 285 S.F. Driveway = 3,890 S.F. Total Hardcover Area = 12,257 S.F. Percentage = 5.03% Proposed Pavement Area = 3,802 S.F. Total Proposed Hardcover = 16,509 S.F. Percentage = 6.58% 40-�0y `f9/ 20" �9¢ / 39.5 2 -32" 40 939.5 V � 1 990 \ C 3 g *SITE N D9 \ � I 4�9 Q° .24 \ N T ti0 R�� 6 8 R�2 O Y �S ° 3/ \ S 5( Bearings are based on the Hennepin County C\ X32 ;�9 \4j3 \ A A Coordinate System (NAD 83 - 1986 adj.) 01;) // I 42z \ L _ P 50 25 0 25 50 100 E SCALE IN FEET \ SURVEY LEGEND CAST IRON MONUMENT ® A/C UNIT BITUMINOUS ® CATCH BASIN ❑C CABLE TV PEDESTAL -BSBL Bsel.- BUILDING SETBACK LINE CULVERT ❑E ELECTRIC TRANSFORMER CTV CABLE TV 1 DJ GATE VALVE OO ELECTRIC MANHOLE CONCRETE CURB < GUY WIRE OE ELECTRIC METER CONCRETE �Cf HYDRANT © GAS METER f - gso - CONTOUR EXISTING O SURVEY MONUMENT SET © GAS VALVE gso CONTOUR PROPOSED • SURVEY MONUMENT FOUND - ° - ° - °- GUARD RAIL DT DRAIN TILE Q SURVEY CONTROL POINT [1:11 HAND HOLE ELC ELECTRIC UNDERGROUND LIGHT POLE SOIL BORING -X -X- FENCE Fo FIBER OPTIC UNDERGROUND 71) POWER POLE TREE CONIFEROUS SANITARY MANHOLE TREE DECIDUOUS CAS GAS UNDERGROUND Q SANITARY CLEANOUT OT TELEPHONE MANHOLE oHU OVERHEAD UTILITY � SIGN ❑ TELEPHONE PEDESTAL 111""""""" RAILROAD TRACKS 972.5 GROUND ELEVATION CT__ TRAFFIC SIGNAL ' SANITARY SEWER % 0 STORM DRAIN OO UTILITY MANHOLE " STORM SEWER sT STORM MANHOLE [01 UTILITY PEDESTAL TEL TELEPHONE UNDERGROUND uTL UTILITY UNDERGROUND YARD LIGHT WELL - I WATERMAIN FIELD CREW NO. BY DATE REVISION USE (INCLUDING COPYING, DISTRIBUTION, AND /OR CONVEYANCE OF INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT SATHRE - BERGQUIST, INC.'s EXPRESS WRITTEN AUTHORIZATION. USE WITHOUT SAID AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE AND SHALL THEREBY INDEMNIFY SATHRE - BERGQUIST, INC. OF ALL RESPONSIBILITY. SATHRE - BERGQUIST, INC. RESERVES THE RIGHT TO HOLD ANY ILLEGITIMATE USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING FROM ILLEGITIMATE USE. 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 Minnesota. Dated this 1 h day of J 2016. David B. Pemberton, PLS Minnesota License No. 40344 pemberton @sathre.com ��FtS � _ / 3URJ, _ � 1 SAT H R E - BERGQUIST I N C . U' ' TWPA 19 - RGE.23 - SEC.01 CERTIFICATE O F SURVEY PREPARED FOR: DAN BENJAMIN FILE NO. 10103 -001 DH 1 EMW 7/11/2016 ADDED PROPOSED PAVEMENT, PARKING Project City: Corcoran DRAWN 2 EMW 7/13/2016 CLIENT COMMENTS Hennepin County EMW CHECKED O 1111 N c�FRs 150 SOUTH BROADWAY WAYZATA, MN. 55391 (952) 476 -6000 CO �� WWW.SATHRE.COM P 01 DBP DATE 06 -13 -16 Lfil M." ki 9 Customer Parking 9 N iinated with standard scape up-light'Ing -------Employee Parking I'm o 8 -04 -2016 Reasons Not to allow a dog kennel and daycare C AUG 041016 _,� Ours is a quiet residential small neighborhood surrounded by the farms. We know who our neighbors are and feel safe this way. Only a couple times in my 27 years here I've heard of strangers going in homes or garages, etc. This would put a lot of additional people and traffic we don't want. Some of us are out of town frequently and there again this adds to our privacy and security being disrupted at all times of the year. It is bad enough when there is extra traffic on Stieg road M -F rush hours using it as a shortcut. Please not every day disruption. This is not a Business District. Additionally at all times of the year we enjoy the quiet of nature and all of the creatures here in our yard. They would not come here if there were dogs next door. NOTE: We have a family of 4 Sandhill Cranes now, was 2, about 30 -35 turkeys, pheasants, deer and every bird you can think of. We prefer this anyday and dogs would deter them from coming. Dogs are noisy also with their barking no one can control that. Even worse though would be what about all the feces and urine? We don't want to be subjected to seeing that or smelling odor at any time of the year. We DO NOT want this going into our groundwater. I think all of us backed up to you do not have dogs F2C. &/9 /16 Corcoran Planning Commission Thank you for taking the time to speak with me today. May name is Daniel Benjamin. I live on a hobby farm on Stieg Rd, with my wife Stacey and one year old son, Everett. We moved to Corcoran 3 years ago this October. I was watching the market for many years and came across this this beautiful hobby farm that needed tons of work, but had great potential. I spent the first two years doing major construction, saving the 100 year old barn from falling down, repairing the coverall as well as the former "pig barn." The last year I have started the fun stuff landscaping, pumpkin patch, etc. We purchased the farm with hopes to start a small business. I have spent the last 16 years of my life doing high -end residential concrete. In 2006 1 severally hurt my back. Since then I knew my clock was ticking and could not do concrete forever and that my path was unsustainable. I have been working overtime, nights and weekends, saving every dime to start a business, and get out of concrete. We have decided to pursue a dog daycare and kennel. Our vision is a high -end small business, boarding dogs and eventually cats, as well as providing a dog daycare service, utilizing our beautiful hobby farm and various out - buildings. My wife Stacey has expressed her want to remove our son Everett from daycare and spend our days together as a family, she is concerned about my health and wellbeing and was also very clear about having another child. I agree with all of the above. I believe that the pet farm will be a perfect fit for Corcoran and our family. I have read the staff report. I agree with all, but have 2 revisions. I take full responsibility for this miscommunication. It was clearly my oversight. I can't tell you enough how great Kendra and Mike have been. Number of Pets, page 5 6. The maximum number of pets to be boarded overnight is 23 which is based on the units shown in building 2. Revised to. The maximum number of pets to be boarded 75. Boarding is 100% inside and will not have an impact. Often pet owners will have multiple pets boarded in the same "Kennel or suite" which will obviously raise that number substantially. The Cat boarding was supposed to be added in the spring and hold 10 -15 depending on layout, which again would add to that number. Any boarding expansion would be in an existing building and be code and ADA compliant. Our initial occupancy will be minimal. These numbers will not be met anytime soon. I am limiting my advertising because I actually want a very slow start as we work out final kinks and details. This is a huge investment. I'm risking my life savings, home, and family's future. I don't want to completely limit my growth potential. This will allow us to slowly grow the right way. The second is under Employees. 11. In addition to the owner, the business shall be allowed up to 4 part -time employees. Revised to. In addition to the owner, the business shall be allowed up to 6 employees per shift. This goes hand and hand with the above. I want to grow slowly so our customer service is top notch and our impact to the neighborhood is minimal. Most employees will be part -time. We will be open for 12+ hours a day M -F plus weekends. With all the staff working 30 hour weeks we will need more employees to cover the shifts. This doesn't mean a large staff at one time, but it does mean a larger total number of Staff, The Pet farm will have three dog play groups of up to 20. Each group needs a staff member with them at all times to ensure a calm safe environment. There will also be front desk, dog walking and cleaning requirements. My mother Dorothy Benjamin will be employed, and at least 3 ladies from the neighborhood directly behind my farm as well. I wanted to be as upfront as possible and I apologize for the miscommunication. I believe these revisions will enable The Pet Farm to have a minimal impact on the neighborhood, and sustain healthy business for many years to come. Thank you Daniel Benjamin Agenda Item: 7.c. L A N D F 0 R M From Site to Finish • 105 South Fifth Avenue Suite 513 Minneapolis, MN 55401 TO: Corcoran City Council FROM: Kendra Lindahl, Landform DATE: July 27, 2016 for the August 4, 2016 Planning Commission Meeting • Tel: 612 - 252 -9070 Fax: 612 - 252 -9077 www.Iandform.net RE: PUBLIC HEARING. Minnesota Solar, LLC request for a Zoning Ordinance text amendment to allow Community Solar Gardens (City File 16 -008) REVIEW DEADLINE: September 30, 2016 Request Minnesota Solar, LLC has requested a Zoning Ordinance text amendment to allow Community Solar Gardens in the UR (Urban Reserve) district. Staff has been working with the City Council to define the issue and recommends a more comprehensive amendment. The draft ordinance amendment would allow Community Solar Gardens in the Rural Residential (RR) district and in limited areas of the UR district. 2. Background On October 22, 2015, the City Council considered a request from Ecoplexus, Inc. to consider amending the zoning ordinance to allow ground mounted solar. The City Council indicated support for consideration of an amendment but recommended that the applicant initiate it and pay the associated costs through an escrow. The applicant did not submit an application. On January 14, 2016, the City Council considered a similar request from Minnesota Solar, LLC, except that they were requesting an amendment to allow ground mounted solar in the MUSA (metropolitan urban service area). The Council indicated a willingness to consider the request with the same stipulations on application and costs. On February 15th, the city received a written request from Minnesota Solar, LLC to consider a zoning ordinance amendment to allow community solar gardens. They have specifically requested that the City consider allowing community solar as an interim use permit in the Urban Reserve district. At the March 24th meeting, staff presented the Minnesota Solar, LLC request for a text amendment to allow Community Solar Gardens and presented a number of other solar issues that we believe should be considered in conjunction with this request. The Council noted that they felt like they needed more information in order make a decision about the proposed text amendment and suggested a more informal work session type meeting where solar providers, Xcel and other solar experts could be invited to answer questions and provide more information to the City Council and interested members of the public. Landform", SensiblyG —,n and Site to Finishg are registered service marks of Landform Professional Services, LLC. • ! Council met for a work session on May 25, 2016 and on May 261h directed staff to prepare a draft ordinance for community solar gardens to address the application and to include provisions for accessory solar uses. Council reviewed the draft ordinance on June 23, 2016 at a regularly scheduled meeting directed staff to bring the draft before Planning Commission for review. 3. Government Policies In 2007, the State of Minnesota adopted legislation that created a Renewable Portfolio Standard (RPS) for investor -owned utilities and public /cooperative utilities, which mandates that a certain percentage of each utility's generation portfolio be derived from renewable sources by a certain year. In particular, Xcel Energy is required to obtain 31.5% of their generation from renewable sources by 2020, and Minnesota's 2013 legislation further requires that an additional 1.5% of the utility's retail electricity sales be derived from solar power by the year 2020. The State Legislature established the Community Solar Garden program in order to facilitate the production of solar energy in the State and help the utilities achieve these standards. Minnesota State Statute §2166.1641 allows the construction of one megawatt (MW) solar gardens that may be clustered with up to four other solar gardens on a single parcel, for a total maximum output of five MW per site. In May 2015, the Public Utilities Commission (PUC) only allowed those solar developers that submitted plans to Xcel by September 25, 2015 to cluster the solar gardens. The PUC is taking 2016 to study the impact of clustered 1 MW solar gardens and may lift the moratorium in 2017. The community solar garden model allows individuals, businesses, schools, and civic entities — known as "subscribers" — that have limited options to install their own on -site solar panels to purchase or "subscribe" to a portion or a "share" of the output from a given solar garden. This allows subscribers to purchase clean, renewable energy at a savings compared to their current utility bill, without making costly upfront investments in a solar system. In 2015 there was a significant push in the solar industry to permit and build community solar gardens quickly, as each garden was to be constructed and online by the end of 2016 in order to qualify for the 30% federal Investment Tax Credit (ITC) for solar facilities, however, the tax credit was extended for another five years to 2020 in late 2015. Tax benefit While the solar facility itself is exempt from being taxed under Minnesota Statutes, the land is taxed at an increased rate. If the principal use of the land is solar panels, then the land is taxed at the utility (3a classification) rate of 2 %, rather than the agricultural (2a tax classification) rate of 1 %. In addition, for facilities greater than one MW, the solar developer must pay a production tax rate of $1.20 per megawatt hour, the revenue from which is split 80/20 between the County and City. The City Tax Assessor performed a quick analysis on the subject parcel to determine the impact on the change in land classification. The total change in taxes is estimated as follows: Solar Ordinance Amendment (city file 16 -008) August 4, 2016 Planning Commission Meeting Current status: Agricultural secondary homestead • i • $8,604.20 Possible solar use with same value: 3a classification $49,564.00 This estimate from the City Tax assessor is for the total tax, and does not differentiate between the City and County allocation. Net Metering At the last work session, the question of whether or not the sales of power could be limited by the City. We consulted with the League of Minnesota Cities on this issue. Their attorney reviewed the statutes and consulted Andrew Twite at the Public Utilities Commission. Both the attorney and Mr. Twite felt that net metering, or the sale of power back to the power company, could not be regulated by the City but that the law is silent on regulating the size or placement of panels on properties. In Minnesota Statutes, any system that produces more than 40 kilowatts of energy is eligible for metering by utility companies. 4. Analysis Minnesota Solar, LLC has submitted a request to amend the Ordinance to allow for Community Solar Gardens as a principal or accessory use in the UR District. In addition to community solar gardens, we have prepared a solar ordinance that addresses other types of accessory solar energy systems in the City. Types of Solar Energy Systems (SES) At the direction of Council, the following types of solar energy systems are regulated in the draft Solar Ordinance and associated considerations for the Council: Building Integrated Solar Energy Systems. The proposed Ordinance would allow for building integrated solar energy systems in all districts. Building integrated systems would be allowed by building permit and reviewed by staff for compliance with the Code. (See Photo 1) Building or Roof Mounted Solar Energy Systems would be allowed in all districts and would require a certificate of compliance and a building permit. The Ordinance would allow Photo 1 — Building Integrated SES for panels to be erected on rooftops or on the side of a building as shown in Photo 2. The Ordinance would restrict elevated panels on residential construction and require screening of all panels on non - residential buildings from the public right -of -way or adjacent residential uses. Solar Ordinance Amendment (city file 16 -008) August 4, 2016 Planning Commission Meeting w Photo 2 — Building Mounted SES Photo 3 — Roof Mounted SES • Ground Mounted Solar Energy Systems are allowed in the UR and RR districts as accessory uses and would require a Certificate of Compliance for residential uses and a site plan amendment for non - residential uses. The amount of panel coverage would be limited by the allowable square footage of accessory buildings in the Zoning Ordinance. Applicants will be required to apply for a CUP as required by Section 1030.020, Subd. 4, E. Community Solar Gardens. The proposed Ordinance allows community solar in the UR and RR districts but limits development to those parcels in the UR district that are guided Light Industrial and are identified for sewer staging in 2015 and beyond in the Sewer Staging Plan in the 2030 Comprehensive Plan. Solar gardens would be allowed by Interim Use Permit, which would require the permit holder to return to City Council to renew the permit in 25 years. These standards would limit the potential locations of community solar to the site proposed by the applicant and other parcels that would not likely be suitable for other solar developers. There are a limited number of places that a solar garden could currently be developed by Xcel. We have attached an exhibit showing the location of nearby substations and the Xcel service area. Solar Ordinance Amendment (city file 16 -008) August 4, 2016 Planning Commission Meeting • i 0 Table 1- Types of Solar Energy Systems Tyne District Application Required Special standards Building Integrated SES All Districts Building Permit Building- integrated Solar Energy Systems are subject to all required setback, land use, and performance standards for the district in which the building is located. Building or Roof Mounted SES All Districts Certificate of Compliance Non - residential rooftop systems may be pitched at an angle greater than 5% and shall be screened from the adjacent public right-of-way and adjacent residential structures. Ground Mounted Solar Energy Systems UR. RR Certificate of Compliance for Panel coverage shall be subject to Section 1030.020, Subd. 4, E., except that the total Residential Uses: footprint shall be calculated as the area of Site Plan required for non- the solar collector surface. residential uses: CUP as required by Section 1030.020, Subd. 4E Community Solar Gardens UR. RR Interim Use Permit Placement of Community Solar Gardens in the UR District shall be limited to parcels guided Light Industrial and identified for staging in 2015 and beyond by the Sewer Staging Plan in the 2030 Comprehensive Plan. Interim Use Permits shall expire 30 years from the date of issuance. Performance Standards Rpth;;rks. • The Ordinance as proposed requires accessory ground- mounted solar to comply with the accessory structure setbacks of the underlying zoning district and community solar gardens to comply with the principal structure setbacks. The draft standards also require that panels be setback from any off - site residential structure by 100 feet, which is the required setback for agricultural districts. This proposed setback would provide additional buffering from nearby residential properties. Solar Ordinance Amendment (city file 16 -008) August 4, 2016 Planning Commission Meeting ! • • Height The proposed ordinance limits the height of solar panels to 12 feet. The original draft limited panel height to the height of the underlying zoning district, however, Council felt that the accessory structure heights were too high. Minnesota Solar has requested 15 feet. Staff reviewed several other zoning ordinances and found a range of height limitations: Cottage Grove limits the height of their solar panels to the underlying zoning district; Medina allows up to 15 feet; Chisago County limits the height to 10 feet. Industry research shows that the panels are typically tilted so that they are only 8- 10 feet high and felt that 12 feet gives enough leeway for the solar developer to make necessary adjustments. Landscaping The proposed ordinance requires landscaping for systems over 100 square feet. The standard for ground cover is consistent with guidelines in the Minnesota State Statutes §216B.1642, which provides planting standards for beneficial habitats that also function to provide stormwater runoff and erosion control management on solar sites. We have included a copy of the DNR manual referenced in the statute (Prairie Establishment & Maintenance Technical Guidance for Solar Projects) in the packet. Staff has also required evergreen and deciduous buffering from neighboring properties and the adjacent right -of -way so that the landscaping appears to be part of the natural landscape. This is a standard that does not require the panels to be 100% screened from neighboring properties. Shoreland, Floodplain, Wetlands and stormwater management It is our understanding that the placement of panels in Shoreland and Floodplain Overlay Districts and Wetlands is left to the decision of the LGU, as is the standards for determining standards for stormwater management. Therefore, if an applicant desired to place panels in any of these districts, ECWM would have the final say about how panel placement and stormwater management is handled. Decommissioning We have proposed language that is typical of many zoning ordinances in communities, however, we have left the financial security as an open -ended determination for Council. 6. Requested Action Staff recommends that the Planning Commission recommend approval of the following a. Draft Ordinance Approving the revisions to Section 1060 (Performance Standards) of Title X: Zoning Ordinance. b. Draft Resolution Approving Findings of Fact Solar Ordinance Amendment (city file 16 -008) August 4, 2016 Planning Commission Meeting • • Attachments 1. Draft Ordinance Approving the revisions to Section 1060 of the Zoning Ordinance 2. Draft Resolution Approving Findings of Fact 3. Draft Solar Ordinance 4. Proposed location of community solar gardens 5. Substation Service Area 6. 2030 Future Land Use Map 7. Zoning Map 8. 2030 Sanitary Sewer Staging Map 9. Xcel /Wright- Hennepin District Map 10. Example Solar Panel Exhibit 11. Prairie Establishment & Maintenance Technical Guidance for Solar Projects 12. Applicant's narrative Solar Ordinance Amendment (city file 16 -008) August 4, 2016 Planning Commission Meeting City of Corcoran County of Hennepin State of Minnesota RESOLUTION NO. 2016- Motion By: Seconded By: XXX, 2016 A RESOLUTION APPROVING FINDINGS OF FACT FOR AN ORDINANCE AMENDING THE TEXT OF SECTION 1060 OF TITLE X OF THE CORCORAN CITY CODE, ENTITLED CORCORAN ZONING ORDINANCE WHEREAS, the City of Corcoran initiated an amendment to update the City Code to update the zoning ordinance; and WHEREAS, the amendment would be consistent with the 2030 Comprehensive Plan; and WHEREAS, the amendment would be consistent with other City Code standards and City policies; 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 to add Section 1060.110, based upon the following findings: 1. To regulate the location of solar energy systems. 2. To protect residential areas and land uses from potential adverse impacts of solar energy systems. 3. To minimize adverse visual impacts of solar energy systems and facilities through design, siting, landscaping, and screening. 4. To avoid adverse impacts to adjacent properties caused by solar energy systems by ensuring that those structures are soundly and carefully designed, constructed, modified, maintained and promptly removed when no longer used. 5. To ensure that solar energy systems are compatible with surrounding land uses. 6. To implement the goals of the Comprehensive Plan. Page 1 of 2 City of Corcoran County of Hennepin State of Minnesota VOTING AYE ❑ Guenthner, Ken ❑ Hank, Pat ❑ Keefe, Mike ❑ LaFave, Tonya ❑ Thomas, Ron RESOLUTION NO. 2016- VOTING NAY ❑ Guenthner, Ken ❑ Hank, Pat ❑ Keefe, Mike ❑ LaFave, Tonya ❑ Thomas, Ron XXX, 2016 Whereupon, said Resolution is hereby declared adopted on this xx day of August 2016. ATTEST: Jessica Beise — Clerk Kenneth Guenthner - Mayor Page 2 of 2 City Seal City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2016 -xxx Motion By: Seconded By: August xx, 2016 AN ORDINANCE AMENDING THE TEXT OF TITLE X OF THE CORCORAN CITY CODE, ENTITLED ZONING ORDINANCE THE CITY COUNCIL OF CORCORAN ORDAINS: SECTION 1. Amendments. Section 1060 (Performance Standards) ofTitle X: Zoning Ordinance. The text of Title X: Zoning Ordinance of the Corcoran City Code is hereby amended by deleting the StFiGkeR material and adding the underlined material as follows: 1060.110 Solar Energy Systems Subd.1. Findings. The intent of this Section is to allow reasonable capture and use, by households, businesses, and property owners of their solar energy resource, and encourage the development of renewable energy businesses, consistent with community development standards. This is consistent with Chapter 4. Section 8 of the Corcoran 2030 Comprehensive Plan, which states that the "City of Corcoran will protect [solar] access by requiring minimum standards for lot sizes, amounts of open space, yard setbacks, and maximum height of buildings for urban residents that create the opportunity for all building owners to develop solar energy facilities if desired." The general purpose of this subsection is to regulate the placement, construction and modification of solar energy systems in order to protect the health, safetX and welfare of the public, while not unreasonably interfering with the development of the solar energy systems in the City. Specifically, the purposes of this Ordinance are: A. To regulate the location of solar energy systems. B. To protect residential areas and land uses from potential adverse impacts of solar energy systems. C. To minimize adverse visual impacts of solar energy systems and facilities through design, siting, landscaping, and screening, D. To avoid adverse impacts to adjacent properties caused by solar energy systems by ensuring that those structures are soundly and carefully designed, constructed, modified, maintained and promptly removed when no longer used. Page 1 of 8 City of Corcoran August xx, 2016 County of Hennepin State of Minnesota ORDINANCE NO. 2016 -xxx E. To ensure that solar energy systems are compatible with surrounding land uses. Subd. 2. Development of Solar Energy Systems. A. Solar Energy Systems shall be permitted in the City of Corcoran according to Table 1 of this section. Table 1 - Types of Solar Energy Systems Type District Application Special standards Required Building All Building Building- integrated Solar Energy Systems are subject to all required Integrated SES Districts Permit setback, land use, and performance standards for the district in which the building is located. Building or Roof All Districts Certificate of Non - residential rooftop systems may Mounted SES Compliance be pitched at an angle greater than S% and shall be screened from the adjacent public right -of -way and adjacent residential structures. Ground UR. RR Certificate of Panel coverage shall be subject to Compliance for Residential Section 1030.020, Subd. 4. E.. except Mounted Solar Energy Systems that the total footprint shall be calculated as the area of the solar collector surface. Uses: Site Plan required for non- residential uses; CUP as required by Section 1030.020, Subd. 4, E Page 2 of 8 City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2016 -xxx August xx, 2016 Table 1- Types of Solar Energy Systems Tvne District Application Required Special standards Commun UUR, Solar Gardens RR Interim Use Placement of Community Solar Gardens in the UR District shall be Permit limited to parcels guided Light Industrial and identified for staging in 2015 and beyond by the Sewer Staging Plan in the 2030 Comprehensive Plan. Interim Use Permits shall expire 30 years from the date of issuance. Subd. 3. General Standards Solar energy systems shall conform to the following standards: 1. Buildine Permit. A building hermit shall be reauired for the erection of solar energy system. Prior to the issuance of a building permit, the operator must provide evidence of an agreement with the local utility. Off -grid systems less than 6 square feet in size, such as accent lighting systems, power supply for traffic control systems, powering a water pump for water gardens, telecommunication systems, backup power systems during Dower outages. and etc. shall be exempt from obtaining a building permit. 2. It shall be the responsibility of the property owner to secure any solar energy easements, if applicable, to protect solar access for the system (per MN Statute §500.30 as maybe amended). 3. SES Svstems shall comDly with all aDDlicable buildinc. electric. and plumbing codes. Solar energy system components shall be labeled with the manufacturers name and address, model number, and serial number. Electric solar system components that are connected to a building electric system must have an Underwriters Laboratory (UL) listing. 4. Glare. All solar arrays or panels shall be installed or positioned so as not to cause any glare or reflective sunlight onto neighboring properties or Page 3 of 8 City of Corcoran County of Hennepin State of Minnesota August xx, 2016 ORDINANCE NO. 2016 -xxx structures. If results of the Solar Glare Hazard Analysis Tool find any Potential for temporary after - image, anti - reflective coating or textured glass shall be used on panels. Panel positioning resulting in potential for permanent eye damage as measured by the Solar Glare Hazard Analysis Tool are not permitted. 5. Power and communication lines. Power and communication lines running between banks of solar panels and to electric substations or interconnections with buildings shall be buried underground. Exemptions may be granted by the Zoning Administrator in instances where shallow bedrock, water courses, or other elements of the natural landscape interfere with the ability to bury lines. 6. Setbacks. Ground mounted solar energy systems and community solar must be located a minimum of 100 feet from a residential dwelling unit not located on the property. Ground mounted systems shall meet the minimum accessory building setback and community solar gardens shall meet the minimum principal building setback for the underlying zoning district. 7. Height. Ground mounted solar energy systems shall not exceed 12 feet. 8. Required landscaping. All community solar gardens and ground - mounted solar energy systems resulting in panel coverage of more than 100 square feet shall provide: a. A mix of pollinator and native groundcover mix beneath panel arrays, that provide native perennial vegetation and foraging habitat beneficial to gamebirds. songbirds, and pollinators and reduces stormwater runoff and erosion at the solar generation site, subject to the standards of Minnesota State Statutes U 16B.1642. b. A mix of deciduous and evergreen trees and shrubs shall provide a buffer the perimeter of the solar energy system from neighboring properties. A single line of evergreen trees is not encouraged. Exception may be granted if the natural landscape provides screening from adjacent public right of ways and neighboring properties. 9. Erosion and sediment control shall meet the requirements of Section 950 of the City Code. Subd. 4. Application Requirements Page 4 of 8 City of Corcoran August xx, 2016 County of Hennepin State of Minnesota ORDINANCE NO. 2016 -xxx A. Persons desiring to construct a solar energy system shall submit an alplication according to standards of the applicable required applications shown in Table 1 of Subd. 2 (A). Applicants shall also submit the following materials: a. Decommissioning Plan. A plan describing decommissioning. b. Glare Study. The applicant shall submit a glare studies that analyze glare from the adjacent right of way and adjacent residential properties using the Solar Glare Hazard Analysis Tool from Sandia National Laboratories. Subd. S. Decommissioning Required A. Decommissioning of Community Solar Garden Solar Energy Systems must occur within 90 days from either of the following; a. The end of the system's service life: or b. The system becomes a discontinued use. c. A system shall be considered a discontinued use after one year without energy production, unless a plan is developed, submitted to, and approved by the zoning administrator outlining the steps and schedule for returning the system to service. d. The city may at its discretion require the owner and /or operator of the commercial or utility scale system to provide financial security in the form of a cash escrow, bond, or irrevocable letter of credit in an amount to be determined by Council. e. The owner of a grid - intertie solar energy system must notify the city in writing when feeder lines and /or grid interties are disconnected from the local utility transmission line. Subd. 6. Home Owners Association All new residential developments may create provisions for solar use within the homeowners owners association documents. Page 5 of 8 City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2016 -xxx Subd.7. Abandonment August xx, 2016 If the solar energy system remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. Upon notice from the City, the owner shall remove the abandoned system at owner's expense after a demolition permit has been obtained, and within 120 days. Removal includes the entire structure and components. SECTION 2. Amendments. Section 1020 (Definitions) of Title X: Zoning Ordinance. The text of Title X: Zoning Ordinance of the Corcoran City Code is hereby amended by deleting the str+ckeR material and adding the underlined material as follows: WATER ORIENTED ACCESSORY STRUCTURE OR FACILITY: a small, above ground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks. SOLAR ENERGY SYSTEM RELATED: Building- integrated Solar Energy Systems - An active solar energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building. Building- integrated systems include but are not limited to photovoltaic or hot water solar energy systems that are contained within roofing materials, siding, windows, skylights, awnings or within driveways and sidewalks. Community Solar Garden- A solar - electric (photovoltaic) array that provides retail electric power (or a financial proxy for retail power) to multiple community members or businesses residing or located off -site from the location of the solar energy system, consistent with Minn. Statutes U 16B.1641, as may be amended. A community solar system may be either an accessory or a principal use and may be building integrated, roof mounted, or ground mounted. Grid - intertie Solar Energy ystem - A photovoltaic solar energy system that is connected to an electric circuit served by an electric utility company. Ground Mounted Solar Energy System - a solar energy ystem that is structurally mounted to the ground, generally upon a pole or rack mount and that is accessory to a principal use. A ground mounted system may be a fixed or tracking system. Page 6 of 8 City of Corcoran August xx, 2016 County of Hennepin State of Minnesota ORDINANCE NO. 2016 -xxx Off -grid Solar Energy System - A photovoltaic solar energy system in which the circuits energized by the solar energy system are not electrically connected in any way to electric circuits that are served by an electric utility company. Photovoltaic System - A solar energy ystem that converts solar energy directly into electricity. Roof Mounted Solar Enerev Svstem - a solar enerLyv system that is structurall mounted to the roof of a principal or accessory building. These systems are generally affixed with a racking system and may be flush or angled. Solar equipment which is mounted to a roof which is not flat, and which is visible from the nearest rieht- of -way. shall not have a finished Ditch more than five percent steeper than the roof. Solar Collector - A device, structure or a part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy. Solar Collector Surface - Any part of a solar collector that absorbs solar energy for use in the collector's energy transformation process. Collector surface does not include frames, supports and mounting hardware. STORY: That portion of the building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, the space between such floor and the ceiling next above it. SECTION 3. Effective Date. This ordinance shall be in full force and effect upon its passage. Page 7 of 8 City of Corcoran County of Hennepin State of Minnesota VOTING AYE ❑ Guenthner, Ken ❑ Hank, Pat ❑ Keefe, Mike ❑ LaFave, Tonya ❑ Thomas, Ron ORDINANCE NO. 2016 -xxx VOTING NAY ❑ Guenthner, Ken ❑ Hank, Pat ❑ Keefe, Mike ❑ LaFave, Tonya ❑ Thomas, Ron August xx, 2016 Whereupon, said Ordinance is hereby declared adopted on this xx day of August 2016. Kenneth Guenthner - Mayor ATTEST: City Seal Jessica Beise — City Clerk /Administrative Services Coordinator Page 8 of 8 11 rV 19 i in 9) 10 STREHLER ROAD 04d r., al, - lllwAi�wl 09 MEISTER WAI .0 Q�) WIN 2030 Future Land Use Plan 2030 Comprehensive Plan Location of Potential Solar Community Gardens N 3,0001,500 0 3,000 Feet S Potential locations for community solar gardens Xcel Service Area City Limit Staging Boundaries Wetlands 2030 Future Land Use Plan 2030 Comprehensive Plan Xcel Substation Service Areas 3,0001,500 0 3,000 Feet Substation, Great River Energy • Substation, Other • Substation, Xcel - 1 -Mile Buffer, Xcel - 1 -Mile Buffer, Other 1 -Mile Buffer, Great River Energy - Xcel Service Area City Limit Staging Boundaries Wetlands - 2014_PublicWorks Rural /Ag Residential Existing Residential Low Density Residential - Medium Density Residential Mixed Residential - High Density Residential Rural Service /Commercial - Commercial - Mixed Use - Business Park Light Industrial - Public /Semi - Public Parks /Open Space N W �� E , S - Golf Course Agricultural Preserve (Date of Expiration) Open Water 1 ; ; 1 1,n w z 1 W W � 1 0 0 1 U 1 1 W ) 1.. ` 1 r 1 . 1 1� 1 1 1� 1 + 12 fJ U �= 10/2020 5/26/2020 JUBERT LAKE ADO TR on 6/21122 2/7/201 ?/17/201 AN,Boa M I SKE Irm IWI 02=111 minsiommiLl 0 2 e p 0 C� J 0:. MORINi;1� LAKE ri 0 �.: HUTT r ROAD 1 w J 13 1 2 0 1 U ME I TE G�61!.Z E 7/24/2018 7/24/2018 R fr � CRFFK �ry�..l �• 1 �. I Now MEN 1101 IN a ME 0 Filiatl � MEN �� ■f� : wl -" Nr `W NOR I' ,� �e ■ 1 • �a.v CCity R 6-CORAN 2030 Future Land Use Plan 2030 Comprehensive Plan N S 3,000 1,500 0 3,000 Feet Rural /Ag Residential Existing Residential Low Density Residential Medium Density Residential Mixed Residential — High Density Residential Rural Service /Commercial _ Commercial Mixed Use — Business Park Light Industrial — Public /Semi - Public Parks /Open Space — Golf Course Agricultural Preserve (Date of Expiration) Open Water 1- City Limit Staging Boundaries Wetlands 'The Future Land Use plan depicts the location and intensity of future development through a variety of land use types. This plan is intended to guide future development however the City has discretion to amend (with Metropolitan Council approval) the plan in response to landowner/ developer requests or response to other system plans. Updated December 2014 Adopted June 2011 1 1 1 L 1 1 1 4r I '•, cRFFk i -- -- 0"M - r ROAD rm C O City Official Zoning Map N E S 3,000 1,500 0 3,000 Feet ttt Cemetery d Church Golf Course JW Government Building Public Park 2030 Metropolitan Urban Service Area L City Limit CORCORAN_Parcels_Mar2014 Open Water Shoreland Overlay District Zoning Districts: - UR Urban Reserve RR Rural Residential RSF -1 Single Family Residential 1 RSF -2 Single Family Residential 2 RSF -3 Single and Two Family Residential 3 RMF -1 Medium Density Residential - RMF -2 Mixed Residential - RMF -3 High Density Residential MP Manufactured Home Park - P -1 Public / Institutional TCR Transitional Rural Commercial CR Rural Commercial - C -1 Neighborhood Commercial ® C -2 Community Commercial DMU Downtown Mixed Use GMU General Mixed USe BP Business District 1 -1 Light Industrial PUD Planned Unit Development Updated April 25, 2014 Adopted June 2011 1 � 1 1 1 1 LCI LL 1.. t 1 1 i 1 - i i i� L 1 ICI 1 .r 1 _ I! OR }~-� �I ii � , � • L.':� it I �;: ,..�� 0 0 0 J o LU CIO 0 S REHL R ROAD r MEISTER JUBERT LAKE J �l 111 �11�1 ■111 __ -_ 1 - �. 1 1� 1 C7 O � • J � , O S L ! GLEA O 0AD - MORIN LAKE - 1 =KIM'S IIII W13=1004 - —04 , 1 RC O RAN 2030 Sanitary Sewer Service Staging Plan 2030 Comprehensive Plan N W /1,41. E S 3,000 1,500 0 3,000 Feet L� 11 �• City Limit 2030musa Wetlands Sanitary Sewer Service Staging 2010 - 2015 2015 - 2020 2020 - 2025 2025 - 2030 'The staging plan represents a progression of sewer that is based on location of planned Metropolitan Interceptors and where the first sewered growth is anticipated to occur, however the City does not commit to it occurring. Updated October 2013 Adopted June 2011 j , w..` 1 00 CHUTT - ROAD 1 w 2 LL 1 0 1 U AD - GOOSE LAK' ES i i i i i (COOK ,LAKE _ 1 � 1 1 1 1 1� 1 C7 O � • J � , O S L ! GLEA O 0AD - MORIN LAKE - 1 =KIM'S IIII W13=1004 - —04 , 1 RC O RAN 2030 Sanitary Sewer Service Staging Plan 2030 Comprehensive Plan N W /1,41. E S 3,000 1,500 0 3,000 Feet L� 11 �• City Limit 2030musa Wetlands Sanitary Sewer Service Staging 2010 - 2015 2015 - 2020 2020 - 2025 2025 - 2030 'The staging plan represents a progression of sewer that is based on location of planned Metropolitan Interceptors and where the first sewered growth is anticipated to occur, however the City does not commit to it occurring. Updated October 2013 Adopted June 2011 Map DRAFT - For Review and Comment Only Minnesota Public Utildies Commission Electric Utility Service Areas 121 7th Place East. Suite Saint Paul. MN 55101 -2147 7 Local 651296 7124 Toll Free 1 800 657 3782 Fax 651297 7073 Ctannexus Energy 1 ` Ali a.r N ^.9' 11101.. aA— M1 193 ham 9';rn Cowse� \\ A—N S ✓/J 17M A.- N Q4` rn•b_ wxoai.�.0 ar tv:,.,.n- -.,,,r ,..gem y %20 Xcel Energy = itl +il a 91 4 u l .111 - EMlr, g.0 o.or., r,r. T. - Wright Hennepin Electric Cooperative �R - — + 54 ford _ I- Greenfield l� ' 59 ,. xa n n c TO - Loleltu a 71S llurn sf _ LI 119' I.L _ C __ T .�-- -..Ibr '� Nal N :µ,;in Hu fr 999 �� .r Gala = Pn�eprfd mall Guru tors}. nl — � l9f 4 Independence I 2P1. " " Himmel Plymoiilh a Fak rv� 'Io Macll n,i ._ la 55 Minnesota Public Utildies Commission Electric Utility Service Areas 121 7th Place East. Suite Saint Paul. MN 55101 -2147 7 Local 651296 7124 Toll Free 1 800 657 3782 Fax 651297 7073 to L,,ft,,O and SU b Fmimh® — registeretl service marks of L,,dn P, ,,i ... I Services, LLC. Prairie Establishment & Maintenance Technical Guidance for Solar Projects Minnesota Department of Natural Resources May 2016 Introduction This is a technical guidance document for prairie establishment and management of pollinator - friendly native seed plantings at solar sites. The document provides technical guidance that supports the Minnesota Department of Natural Resources (DNR) Commercial Solar Guidance. The goal of this document is to provide a brief overview of the benefits, establishment, and maintenance guidelines for creating a pollinator - friendly prairie planting at solar sites. It can also be used to develop the Agriculture Impact and Vegetation Management Plans that may be required as part of the Public Utilities Commission Site Permit. Additional references that contain more specific planting and maintenance details are included at the end of the document. The DNR is available to provide assistance to solar developers throughout project planning, construction, and post - planting maintenance. A general course of action for using this guidance would be for a solar company to read this guidance document, work with a native seed company to develop the native seed mix(es), and provide the mix, planting layout, and maintenance specifications to the DNR for review and comment. Why Establish Pollinator - Friendly Plantings? Prairie communities occur in open landscapes with plants that are dominated by a diversity of grass and forb (wildflower) species. Prairie communities vary from site to site due to differences in slope (hills vs. lowlands) and soil types. Prairie seed mixes include a diversity of flowering plants that are both pleasing to the eye, and provide excellent wildlife food and habitat for a variety of species. Creating a pollinator - friendly prairie planting at solar sites can: • Provide food and habitat for butterflies, bees, and insects that pollinate flowering forbs and some commercial agricultural crops. • Provide food, cover, and nesting habitat for some species of mammals, birds, reptiles, and amphibians. • Significantly reduce wind and surface water erosion. • Significantly reduce fertilizer, herbicide, and pesticide applications, resulting in improved water quality. • Increase organic matter and water holding capacity of soils. The result is higher quality soils for farming when the site is decommissioned. • Improve the aesthetic look of the solar facility. Seed Mix Cost Native seed mixes in general cost more than non - native seed mixes. However, the higher seed cost can be offset by the following: • No fertilizer applications are needed prior to planting. • Limited use of mulch is necessary, or using erosion control blankets only on the steepest banks and highly erodible areas. Temporary cover of 20 lbs /acre of oats is recommended to stabilize the soil. • Only a limited amount of fertilizer is used post - planting for sites with very poor soils or limited amounts of soil. • Watering recently established native seed plantings is not necessary except in years of extreme drought. • Participating in trading prairie acres as carbon credits may be possible. Seed Mix Development Prairie seed mixes can be adapted to include only low- growing species that will not shade the solar panels or cause undue harm to their primary purpose of creating clean, renewable energy. Prairie plantings have both an establishment and a long -term maintenance phase. The establishment phase takes approximately 1 -3 years. Long -term maintenance will begin in years 4 -5 and continue for the life of the planting. The first year of growth is primarily for root development. In the second and third year of establishment the above ground growth and flowers are more prevalent as the stand matures. There are many options when developing a native seed mix. The DNR has laid out a framework that solar companies should consider when working with a native seed company to design a native seed mix. Seed Source To the extent possible, plant vegetation or sow seeds that are sourced from Minnesota using a high diversity of species. Seeds should first be sourced from areas with similar site conditions that are native to the county or adjacent county where the project is being constructed. Using local seed protects existing native prairies from genetic contamination and the spread of invasive /noxious species. Plants brought from different areas with significantly different climatic conditions may also not produce viable seed. If local seed is not available, follow the seed sourcing sequence in the DNR Seed Collection and Deployment Zones document, which can be found in Appendix A. This guidance document should be provided to the native seed company that is developing the project seed mix. Seed Specification /Diversity Diversity, meaning a variety of plant species in one place, is key to a planting's success. The more diverse a planting is, the better chance it has at long -term health and self - sustainability, which translates to lower management costs. Over the years, there will be variations in invasive species pressure, soil conditions, and climate, such as extreme drought or extreme moisture. Having a diversity of plants ensures that more species are able to adapt to these extremes and can therefore respond to changing environmental conditions. Pollinator seed mixes should include: • Seed mixes that have a seeding rate of 30 -50 seeds /sq. ft. with forb species making up approximately 40% of the total seeding rate. • 7 or more native grass /sedge species with at least 2 species of bunchgrass. • 20 or more native forbs with at least 5 species in each bloom period: Early (April -May), Mid (June - August), and Late (August- October). • Plant species under panel arrays should have a maximum height of 3 feet. Grass only seed mixes: • Seed mixes should have a seeding rate of 30 -50 seeds /sq ft. • 7 or more native grass /sedge species with at least 2 species of bunchgrass. • Plant species under panel arrays should have a maximum height of 3 feet. Wetland/ Farmed wetland seed mixes to be used outside of panel areas: • Work with a native seed company to select the appropriate State Seed Mix or develop a custom seed mix using the State Seed Mix Guidance as a template. We generally recommend not including tall warm season grasses (big bluestem- Andropogon gerardii, Indian grass- Sorghastrum nutans, switchgrass- Panicum virgatum) in seed mixes at solar sites. The tall warm season grass height and density may interfere with operations or dominate the stand and outcompete the shorter stature species. If tall warm season grasses are used then they should comprise less than 5% of the total seed mix. * Please note that state - listed species (endangered, threatened, or special concern) seed should not be included in any of the mixes. Visual Screening If visual screening is being considered for the project site, native flowering shrubs can be planted around the perimeter to both fulfill this consideration and supplement early - blooming species requirements. Suitable shrubs may include: red -osier dogwood (Cornus sericea), gray dogwood (Cornus racemosa), pagoda dogwood (Cornus alternifolia), American wild plum (Prunus americana), chokecherry (Prunus virginiana), and New Jersey tea (Ceanothus americanus). Shrub selection should be based on site conditions and species native to the county or adjacent county where the project is being constructed. Visual screening using tree species should follow the shrub selection criteria above. Use of tree species in the open landscapes of Minnesota should be used only when required by a permit or to address adjoining landowner concerns. Companies should not plant invasive tree species. Eastern red cedar (Juniperus virginiana), while a native species, should not be selected for solar sites as it competes with prairie vegetation and spreads aggressively. Planting Layout Recommendations Appendix B includes a schematic of planting options and an example seed mix. The example seed mixes are short in stature and have some shade tolerance for species planted under the panels. The seed mixes may need to be modified to include species that naturally occur in the geographic area of the project and are suitable for the soil and site conditions. There are three basic layout options that should work for the majority of solar sites: • Option 1. Whole site planted with pollinator seed mix (grasses and forbs). • Option 2. Grass only mix planted underneath solar panels. In between rows and perimeter planted with pollinator mix. • Option 3. Grass only mix planted underneath and between solar panels. Perimeter planted to a pollinator mix. Plant species chosen for areas under the panels should have a maximum height of 3' so that they do not interfere with solar operations. Taller species can be used in perimeter pollinator plantings or in between panel rows. Shading of the panels should not be an issue when using some taller species because most of the mass of prairie plants is in the lower portion of the plant, with the majority of the height being in the flower stalk. Planting Specifications Planting Method: Drilling, Broadcasting The DNR recommends that planting occur post - construction of the panels. Attempting to plant after grading and before post and panel installation will result in poor soil to seed contact due to equipment maneuvering. A temporary cover of 20 lbs /acre of oats can be used as erosion control and site stabilization until construction is complete and the prairie seed mixes are planted. Grasses /sedges should be broadcast seeded in the grass only areas and the pollinator mix (forbs and grasses) drilled into the remaining areas. The key to stand success is to maximize seed to soil contact during planting. If drilling is the planting method, seed drills designed specifically to plant prairie grasses and flowers should be used. If broadcasting is the planting method, native - seed broadcasters (e.g., Vicon seeder) should be used as they are adapted to spread mixes with different sized seeds. For more information about planting methods, please refer to A Prairie Restoration Handbook for Minnesota Landowners under the `Planting your Prairie section'. Timing Growing season plantings should occur from May 1 -July 1 when the soil temperature is at least 60 degrees F or higher. Frost seeding should occur after October 15 in the northern half of the state and after November 1 st in the southern half of the state, or after soil temperatures fall below 50 degrees F for a consistent period of time, but before soils freeze. Seeding rates may need to be increased by 25% for frost seeding due to lower germination rates and loss of seed that is consumed by wildlife over the winter months. Planting dates will vary depending on the weather in a particular year and where the planting site is located (e.g., Northern Minnesota vs. Southern Minnesota). Consult with native seed suppliers to determine the best planting dates for that year. Temporary Cover A temporary cover should be used with the planting to help suppress weeds and stabilize the soil until the prairie planting becomes established. A temporary cover of 20 lbs /acre of oats is used in the example seed mixes found in Appendix B. Establishment and Maintenance Specifications Prairie establishment in the first 2 -3 years involves spot- spraying or mowing of invasive weeds. Removal of the invasive weeds will allow for the prairie plantings to become established and help prevent future weed growth. Spot- Mowing Spot- mowing involves mowing only in the areas with invasive or noxious plants. Spot- mowing slows the aggressive and fast growing invasive plants and allows the native species to become established. Spot- mowing should be done at a raised height ( >5 ") in order to target the invasive plants and to not damage the native species, especially during the establishment period. Spot - mowing for control of invasive or noxious weeds can be done every year to ensure planting health —even during establishment years. Care should be taken to avoid repeated mowing, which can cause the planting to fail. A list of noxious /invasive weed species that should be eradicated can be found at the Minnesota Department of Agriculture's website. Spot - Spraying Spot- spraying should target only noxious /invasive weed species. A licensed applicator should be hired to apply the appropriate selective herbicide. Plantings that include both grasses and forbs should not be broadcast - sprayed. The Midwest Invasive Plant Control Database provides a compilation of control methods for many common invasive plants. In order to prevent inadvertent spraying of the prairie, it may be advantageous to be placed on the local do not spray list. This will help prevent damage to your prairie planting. Long -Term Maintenance Long -term prairie maintenance usually begins in years 4 -5 by introducing disturbance into the planting. Prairie habitats thrive on disturbance. Disturbance allows them to renew themselves while also slowing natural succession (keeping the prairie from becoming a forest). Plan on haying /mowing, burning, or spraying to remove any unwanted trees /shrubs that may be present. It is not necessary to use all of these options, just one or two, depending upon the planting's progression and operational concerns. Since burning is most likely not an option at solar sites, introducing a rotation of haying/mowing would be an excellent option. After completing the selected maintenance activity in year 4 -5, you will need to repeat this type of maintenance approximately every 2 -3 years, depending on tree /shrub encroachment, ratios of grasses to forbs, presence of noxious weeds, and overall planting health. Haying /mowing should be done at a raised height of 5" or higher in the month of October or when prairie plants have gone dormant. Haying or mowing below 5" in height can damage the long -term health of the planting. Hayed/mowed vegetation should be bagged and removed off site to prevent smothering new growth. Haying /mowing equipment should be cleaned prior to use on site to prevent the spread of non - native and invasive species into the planting. With any management activity it is very important to establish refugia (undisturbed areas). These areas play an important role in pollinator conservation and allow for the completion of pollinator life cycles. No more than 1/3 of the site should be hayed/mowed each year. The same 1/3 should not be hayed/mowed in consecutive years. If possible, 10% of the site should be set aside as semi - permanent refugia that receives limited haying /mowing on a longer return interval of 15 years. For more information about refugia, consult the DNR's Pollinator Best Management _ Practices and Habitat Restoration Guidelines. Prairie Seed Suppliers and Restoration Companies: The DNR recommends you work with a company(s) that specialize in native seed and installing /maintaining prairie restoration projects. Companies should be selected who are experienced and have a history of successful prairie restoration projects. There are several commercial companies that can be easily found through an internet search. A list of native seed suppliers can be found by visiting the DNR's Landscaping with Native Plants webpage. Please contact the DNR's Regional Ecologist in your area to receive more information about companies near you or to answer any questions concerning your prairie planting. The DNR appreciates the efforts of all solar companies that install native seed plantings that are favorable to pollinators and other wildlife. Additional Information: A Prairie Restoration Handbook for Minnesota Landowners BWSR Native Vegetation Establishment and Enhancement Guidelines Board of Water and Soil Resources (BWSR) State Seed Mixes Landscaping with Native plants Minnesota Wildflowers Restore vour Shore Plant Selector Tool The Midwest Invasive Plant Control Database DNR's Pollinator Best Management Practices and Habitat Restoration Guidelines Equal Opportunity Statement Equal opportunity to participate in and benefit from programs of the Minnesota Department of Natural Resources is available to all individuals regardless of race, color, creed, religion, national origin, sex, marital status, public assistance status, age, sexual orientation, disability or activity on behalf of a local human rights commission. Discrimination inquiries should be sent to Minnesota DNR, 500 Lafayette Road, St. Paul, MN 55155 -4049; or the Equal Opportunity Office, Department of the Interior, Washington, D.C. 20240. Alternative Format Available Upon Request. Document Citation Minnesota Department of Natural Resources Prairie Establishment & Maintenance Technical Guidance for Commercial Solar Projects. 2016. Minnesota Department of Natural Resources. New Ulm, Minnesota, USA. 12pp. Copyright, MNDNR 2016 Appendix A: DNR Seed Collection and Deployment Guidance for Seed Selection MN DNR Seed Collection and Deployment Zones Framework for Selecting Plant Material Sources 1. Collect plant materials from areas with similar site crnditions that are within or immediately adjacent to the restoration or reconstruction site or nearby_ Nearby is defined by the division and generally is considered to be within the same zone_ 2. Obtain plant materials from areas with similar site conditions and within the same Seed Zone. 3. Obtain plant materials from areas with similar site conditions in an adjacent Seed Zone. 4. Obtain plant materials from areas with similar sde conditions in a Seed Zone that adjoins one of the adjacent Seed Zones_ 5. If suitable seedlplant material can't be found', substitute anoth er species with similar attributes. Nate: It is important to recognize that boundaries of the Seed Collection and Deployment Zones are not walls which cannot be crossed. If a restorationlreconstruction area is near one of these boundaries, an appropriate choice for restoration materials may be just across the boundary in an adjacent seed zone. This source of materials may actually be more desirable than a more distant source of plant materials from within the same seed zone. This framework recognizes that seed zones are not static; they may be adjusted over time to reflect new information based on research results from climate change and other analyses. Appendix B: Native Seed Planting Layout Options and Seed Mix Examples for Solar Sites Native Seed Planting Options for Solar Sites �� POLLINATOR MIX SITE! ON ENTIRE SITE LIMITS SOLAR PANELS Option 1: Whole Site Pollinator Seed Mix Not to Scale Solar Panel Pollinator Seed Mix Grass Seed Mix I i i SOLAR PANELS L i i SITE LIMITS r i SITE LIMITS GRASS MIX UNDERNEATH AND IN BETWEEN SOLAR PANELS SOLAR PANELS GRASS MIX UNDERNEATH SOLAR PANELS ONLY i I (� Option Z Gress Mix Underneath Solar Panels Only 1 2 J Not to S ®le Ii Option 3: Grass Mix Undemeath & Between Solar Panels Not to Scale Appendix B: Native Seed Planting Layout Options and Seed Mix Examples for Solar Sites Native Seed Mix Planting Options for Solar Sites: Example Pollinator Mix Project: Solar short- stature prairie Bloom reconstruction Season Address: (Lyon County) Spring Date: 2016 Summer Soils: Loam, Sandy loam Fall Seeding Rate: 40 seeds per sq ft Pollinator Seed Mix (Mesic prairie) Height % of Mix oz /acre Seeds/ s . ft. Acres to Seed Forbs Achillea millefolium (yarrow) 1 -3' 1.02% 0.10 0.41 1 Allium stellatum (prairie wild onion) 8 -18" 1.25% 2.00 0.51 1 Anemone canadensis (Canada anemone) 1 -2' 0.46% 1.00 0.18 1 Anemone cylindrical (long- headed thimbleweed) 1 -2' 1.48% 1.00 0.60 1 Asclepias syriaca (common milkweed) 2 -5' 1.14% 5.00 0.46 1 Asclepias verticillata (whorled milkweed) 1 -2' 0.78% 1.25 0.32 1 Astragalus canadensis (Canada milk vetch) 12 -40" 1.94% 2.00 0.78 1 Astragalus crassicarpus (ground plum) 1 -2' 0.89% 3.00 0.36 1 Dalea candida (white prairie clover) 1 -3' 4.33% 4.00 1.74 1 Dalea purpurea (purple prairie clover) 1 -3' 5.13% 6.00 2.07 1 Echinacaea angustifolia (narow - leaved purple coneflower) 1 -2' 1.60% 4.00 0.64 1 Euthamia graminifolia (grass- leaved goldenrod) 2 -4 ,* 2.00% 0.10 0.80 1 Galium boreale (northern bedstraw) 1 -3' 1.00% 0.25 0.40 1 Liatris aspera (rough blazingstar) 1 -4'* 0.68% 0.75 0.28 1 Lobelia spicata (pale -spike lobelia) 1 -2' 2.57% 0.05 1.03 1 Monarda fistulosa (wild bergamot) 2 -4'* 2.00% 0.50 0.80 1 Penstemon grandiflorus (large beardtongue) 12 -40" 1.20% 1.50 0.48 1 Phlox pilosa (prairie phlox) mij 6 -24" 0.27% 0.25 0.11 1 Potentilla arguta (prairie cinquefoil) 1 -3' 1.31% 0.10 0.53 1 Pycnanthemum virginianum (mountain mint) 1 -3' 1.88% 0.15 0.76 1 Ratibida columnifera (upright prairie coneflower) 1 -3 , 2.39% 1.00 0.96 1 Rudbeckia hirta (black -eyed Susan) 1 -3' 3.93% 0.75 1.58 1 Sisyrinchium campestre (prairie blue -eyed grass) 4 -16 „ 1.28% 0.50 0.52 1 Solidago rigida (stiff goldenrod) 1 -3' 1.17% 0.50 0.47 1 Solidago speciosa (showy goldenrod) 1 -3' 1.35% 0.25 0.55 1 Symphyotrichum ericoides (heath aster) 1 -3' 1.14% 0.10 0.46 1 Symphyotrichum laeve (smooth blue aster) 1 -3' 1.57% 0.50 0.63 1 Zizia aptera (heart- leaved Alexanders) 1 -3' 1.37% 2.00 0.55 1 Total for Forbs 18.57 * -A maximum height of 4 feet is only expected in sites with rich, moist, and deep soils. Most of the prairie plants will not achieve this maximum height. Native Seed Mix Planting Options for Solar Sites: Example Pollinator Mix Grasses Avena sativa (Oats; Temporary Cover) 201bs /a c 1.00 Bouteloua curtipendula (side oats grama) 1 -2' 8.32% 24.0 3.31 1 Bouteloua gracilis (blue grama) 12" 11.56% 5.0 4.59 1 Carex bicknelli (copper shouldered oval sedge) 1 -3 ' 1.97% 2.0 0.78 1 Carex pensylvanica (Pennsylvania sedge) 8" 1.73% 1.0 0.69 1 Carex brevior (plains oval sedge) 12" 1.68% 1.0 0.67 1 Koeleria macrantha (Junegrass) 2' 11.56% 1.0 4.59 1 Schizachyrium scoparium (little bluestem PLS) 1 -3 ' 10.41% 12.0 4.13 1 Sporobolus heterolepis (prairie dropseed PLS) 2 -3 ' 7.40% 8.0 2.94 1 Total or Grasses 21.69 Total Seeds /S . t. 40.26 Appendix B: Native Seed Planting Layout Options and Seed Mix Examples for Solar Sites Native Seed Mix Planting Options for Solar Sites: Example Grass -only Project: Solar short- stature prairie reconstruction Address: (Lyon County) Date: 2016 Soils: Loam, Sandy loam Seeding Rate: 40 seeds per sq ft No -Mow "Turf' Height % of Mix oz /acre Seeds/ sq ft Acres to Seed Grasses Avena sativa (Oats; Temporary Cover) 20lbs /ac 1.00 Bouteloua curtipendula (side oats grama) 1 -2' 19.00% 56.0 7.71 1.00 Bouteloua gracilis (blue grama) 12" 18.10% 8.0 7.35 1.00 Carex bicknelli (copper shouldered oval sedge) 1 -3' 5.77% 6.0 2.34 1.00 Carexpensylvanica (Pennsylvania sedge) 8" 3.39% 2.0 1.38 1.00 Carex brevior (plains oval sedge) 12" 3.28% 2.0 1.33 1.00 Koeleria macrantha (Junegrass) 2' 22.62% 2.0 9.18 1.00 Schizachyrium scoparium (little bluestem PLS) 1 -3' 16.97% 20.0 6.89 1.00 Sporobolus heterolepis (prairie dropseed PLS) 2 -3' 10.86% 12.0 4.41 1.00 Total Seeds/S t. 40.59 kea�esed{F.3+1151'I Ptemse aitach a brief description of your projecV "Asap for your requimt. ORDINANCE AMENDMENT TO ALLOW SOLAR GARDEN DEVELOPMENT Minnesota Solar, LLC ("MN Solar") ,along with Ed and Mary Schumacher (collectively, the `Owner), request to amend the 4ity of Corcoran's (the 'City") Zoning Ordinance to allow For the development of Community Solar Gardens ("CSG") as an interim use with conditions. Specifically, we request the City to allow CSGs as an interim use in the UR — Urban Reserve zoning district. MN Solar believes this is an efficient interim use of property that will laving; tax revenue increase to tht+ City and Schaal District whthouat negatively impacting the potential for future commercial development. There will be nra change in zoning of the property currently zoned UR. Once a CSG is constructed it will not have a negative Impact on adjacent properties. Below are a list of common concerns along with explanation wby there isn't negative impact. - Water Runoff and Erosions: When constructing a C$G, IMIN Solar can seed the ground with native grass, which would result in an increase in absorpti❑n and filtration, plus removal of chemical & water usage involved with agricultural- Overall, this would reduce water runoff and erosion to adjacent properties_ - 'visual Impact: MN Solar proposes a maximum height of solar modules of 25 feet, which limits the visibility of a CSG. Environmental Impacts: 5Irnilar to erasion and water concerns above, a CSG does not have an adverse effect on the environment, There is no storage cars- site. The materials are not pollutant. Impact on Traffic: There is i3nly a 2 —I month construction period for a CSG. Once in operation there is infrequent traffic to the site, due to routine maintenance & Iandlscaping that inve Ives transportation to site in common vehicle classes including, but not limited to, pickup trues and conversion vans. BeIDw are a list of Itern5 we request to be included in the arnendrnent: Lc► tion_ The CSG must be located on property currently corned UR. Duration: Interim Use is 30 Years. Size: The maximum size CSG is 5,101 W. - Setbacks: Must meet minimum principal building setbacks and must be setback a min.irnum of IDO feet from an existing residential structure. Attached please find examples of amended ordinances from Wright County and Carver County allowing Community Solar Ga rcle -ns. Sunrise rE� ENERGY VENTURES July 29, 2016 Ms. Kendra Lindahl City Planning Consultant c/o City of Corcoran 8200 County Road 116 Corcoran, Minnesota 55340 Via e -mail to klindahl @landform.net Dear Ms. Lindahl: Sunrise Energy Development has reviewed the City's draft ordinance regarding community solar gardens and offers these comments: Table 1: We would like the ordinance to make it clear that the City may not prematurely terminate the length of an Interim Use Permit for a solar garden if the terms of the permit have not been broken. This is because solar developers have a contract with a utility company to deliver power for a set number of years. We also suggest that the term of an Interim Use Permit be written into Subdivision 3. Subd. 3, (5): Power and Communication Lines. Sunrise Energy agrees that the connection between its solar garden and the utility company system will be underground. After that point, the solar power developer has no more control of the lines, and utility company will likely want to run wires above ground to their three - phase distribution system and, ultimately, to a substation. Therefore, we suggest that the first sentence read: "Power and communication lines running between banks of solar panels and to the utility company interconnection shall be under ground." Subd. 3,(8): Required Landscaping. The requirement for the "buffer" should be clarified. We suggest that the paragraph be amended to read: "A mixture of coniferous and deciduous trees shall be used to provide visual screening between the solar garden and any housing unit within 200 feet of the edge of the solar garden security fence. Coniferous trees shall be at least 6 feet tall when planted and spaced a maximum of 15 feet on- center. Deciduous trees shall have a diameter at breast height of 1.5 inches and shall be spaced a maximum of 25 feet on- center. Exceptions or adjustments may be granted by the City Council in instances where existing features such as vegetation, topography or buildings provide visual screening." It does not make sense to screen the view from a farm field, from other non- residential property or from a house that is exceedingly far away. Objective criteria Ms. Kendra Lindahl July 29, 2016 Page 2 should be included for the sake of both the City and the developer because the word "buffer" is vague. Subd. 4, Application Requirements, A (a): Decommissioning Plan. The required decommissioning plan should describe the anticipated means and cost of removing the system at the end of its serviceable life or upon its becoming a discontinued use. The plan should describe: • A cost estimate for decommissioning prepared by a competent party, such as professional engineer, a contractor capable of decommissioning or a person with suitable expertise or experience with decommissioning. • The financial resources that will be available to pay for the decommissioning and removal of the system. • Means for safely disposing, re -using or recycling project components • Means or restoring the site, removing gravel roads, fences and all solar garden equipment. ■ Subd. 5 (A): Decommissioning. Decommissioning of a community solar garden should "be completed" within "one year" of the end of the initial 25 year Interim Use Permit period, as defined in Subdivision , or within one year of the date when the system ceases energy production for twelve consecutive months. Items c and d should be under a new sub - section B. Thank you. Sincerely, SUNRISE ENERGY DEVELOPMENT William Weber Manager of Zoning and Planning 601 Carlson Parkway, Suite 1050, Minnetonka, Minnesota 55305 612 - 293 -9900 dean @Sunriseenergyventures.com Agenda Item: 7.d. L A N D F a R M From Site to Finish i 105 South Fifth Avenue Suite 513 Minneapolis, MN 55401 TO: Corcoran Planning Commission FROM: Mary Matze through Kendra Lindahl, Landform DATE: July 27, 2016 for the August 4, 2016 Commission Meeting RE: PUBLIC HEARING. Subdivision Ordinance Update (City File 16 -017) 60 -DAY REVIEW DEADLINE: N/A 1. Request • Tel: 612 - 252 -9070 Fax: 612 - 252 -9077 www.Iandform.net This is a city- initiated update to the Subdivision Regulations (Chapter 9 of the Corcoran City Code) related to the review process of lot line adjustments and minor subdivisions. Staff initially recommended the change as a more streamlined method of approval for less complicated subdivisions. 2. Background At its June 14th meeting, the City Council authorized staff to conduct a review of the subdivision ordinance to update and simplify the procedure for lot line adjustments and minor subdivisions and to ensure consistency with the Minnesota State Statutes. Council reviewed the draft Ordinance amendments at the June 23, 2016 Council Meeting. Council directed staff to make minor changes to the draft ordinance for review at the August 4 Planning Commission meeting. 3. Draft Ordinance A draft amendment to Title IX (Subdivision Ordinance) of the City Code has been prepared to reflect proposed changes to the subdivision ordinance. The amendment includes the following changes: In cases where no new lots are created and the lot line adjustment meets the standards of the code, lot line adjustments and lot consolidations will be approved administratively. State statutes explicitly exclude lot line adjustments from subdivision standards. Those lot line adjustments that require right -of -way dedication will be required to be reviewed by Council. For example, the Fehn Meadows application from 2015 could have been processed administratively, as the applicant was simply moving a line to create one 10 -acre parcel and an outlot. Landform", Sensibly& ee and Site to Finish® are registered service marks of Landform Professional Services, LLC. Lot Line Adjustment: No new lots are created. • • • • Minnesota State Statutes permit City Councils to approve minor subdivisions of 5 or fewer parcels that are greater than 2 '/2 acres in size without platting the subdivision. We have updated the code to allow Council to approve minor subdivisions of 3 or fewer parcels in the Urban Reserve and Rural Residential Zoning Districts by metes and bounds. The RR District standards currently allow a minimum lot size of 2 acres. The minimum lot size must be increased to 2 '/2 acres to be consistent with state statutes if a land owner chooses the minor subdivision process rather than the platting process. The minor subdivision process would be applied to subdivisions like the Tombers plat from 2015, where approximately 5 acres of land was subdivided from a 70 -acre lot. 70 acres 5 aloes h........., Minor Subdivision: 3 or fewer parcels are created. • We have proposed a change to Section 930.010 that would explicitly allow concurrent approval of preliminary and final plats at City Council, consistent with Minnesota State Statute §462.358 Subd. 3b. The City already has an informal policy of allowing concurrent approval for smaller subdivisions and this change would simply formalize the process. • Definitions have been updated to reflect the proposed changes in the Ordinance. 4. Requested Action Staff recommends that the Planning Commission recommend approval of the following a. Draft Ordinance Approving the revisions to Title IX: Subdivision Ordinance. b. Draft Resolution Approving Findings of Fact Attachments: 1. Draft Ordinance Approving the revisions to Title IX: Subdivision Ordinance 2. Draft Resolution Approving Findings of Fact 3. Draft amendments to the Subdivision Ordinance Minor Subdivision Ordinance Amendment August 4, 2016 Planning Commission City of Corcoran County of Hennepin State of Minnesota RESOLUTION NO. 2016- Motion By: Seconded By: XXX, 2016 A RESOLUTION APPROVING FINDINGS OF FACT FOR AN ORDINANCE AMENDING THE TEXT OF TITLE IX OF THE CORCORAN CITY CODE, ENTITLED CORCORAN SUBDIVISION ORDINANCE WHEREAS, the City of Corcoran initiated an amendment to update the City Code to update the zoning ordinance; and WHEREAS, the amendment would be consistent with the 2030 Comprehensive Plan; and WHEREAS, the amendment would be consistent with other City Code standards and City policies; 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 Subdivision Ordinance text amendment to add to Title IX based on the following findings: 1. The proposed changes will bring the subdivision ordinance and existing practices into compliance with state statutes; 2. The process will be simplified for applicants and the City; 3. Changes will save time and reduce costs for Corcoran landowners. VOTING AYE ❑ Guenthner, Ken ❑ Hank, Pat ❑ Keefe, Mike ❑ LaFave, Tonya ❑ Thomas, Ron VOTING NAY ❑ Guenthner, Ken ❑ Hank, Pat ❑ Keefe, Mike ❑ LaFave, Tonya ❑ Thomas, Ron Whereupon, said Resolution is hereby declared adopted on this xx day of August 2016. Kenneth Guenthner - Mayor ATTEST: City Seal Jessica Beise — Clerk Page 1 of 1 City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2016 -xxx Motion By: Seconded By: August xx, 2016 AN ORDINANCE AMENDING THE TEXT OF TITLE X OF THE CORCORAN CITY CODE, ENTITLED ZONING ORDINANCE THE CITY COUNCIL OF CORCORAN ORDAINS: SECTION 1. Amendments. The text of Title IX: Subdivision Ordinance of the Corcoran City Code is hereby amended by deleting the semen material and adding the underlined material as follows: SECTION 926 -LOT LINE ADJUSTMENT AND LOT CONSOLIDATION Subd. 1. Criteria. Lot line adjustments exempted from platting by Minnesota Statute W2.352, Subd. 12, and lot consolidations shall not require a plat or replat and may be administratively approved, provided all of the following conditions are met: A. The lot line adjustment shall be in compliance with the Comprehensive Plan and the purpose and intent of this Chapter. B. The lot line adjustment does not create additional lots or outlots. C. The lot line adjustment shall not cause any structure on the property to be made non - conforming or to be in violation of the Zoning Chapter or any other provisions of the City Code. The lot division shall be part of a previously recorded plat or Registered Land Survey. D. The lot line adjustment shall result in lots that meet the minimum dimensional requirements for the zoning district in which the property is located, or shall not further increase the non - conformity of any lot dimension. E. All parcels resulting from the lot line adjustment shall have frontage and access on an existing improved street. F. The resulting parcels shall generally conform with the shape, character, and area of existing or anticipated land subdivisions in the surrounding areas. G. Any such lot line adjustment shall not require any public improvements. Page 1 of 13 City of Corcoran August xx, 2016 County of Hennepin State of Minnesota ORDINANCE NO. 2016 -xxx H. Any such lot line adjustment shall not result in legal descriptions that are unduly complex. Prior to issuance of building permits, property irons shall be installed pursuant to Minnesota Statutes. The applicant warranties that he or she has obtained all necessary consent from all owners and interested parties of the property subject to the application. Subd.2. Filing. A lot line adjustment or lot consolidation application shall be filed with the Zoning Administrator on an official application form. The application shall be accompanied by the fee as set forth in the City Code. The application shall also be accompanied by detailed written and graphic materials, the number and size as prescribed by the Zoning Administrator that describes the lot line adjustment. The application shall be considered as being officially submitted and complete when the applicant has complied with all the specified submittal requirements, as described in this Section. Subd. 3. Staff Analysis. Upon receiving a complete application, as determined by staff review, the Zoning Administrator shall refer copies of the minor subdivision to the City staff and other applicable public agencies as needed in order to receive written comments. The Zoning Administrator shall instruct the appropriate staff person to 1) coordinate an analysis of the application. 2) review the application for compliance with all applicable evaluation criteria, codes, ordinances, and applicable performance standards set forth in this Chapter and 3) prepare written approvals or denials. Subd. 4. Zoning Administrator Review. The Zoning Administrator shall consider a lot line adjustment as follows: A. The Zoning Administrator shall either approve, defer or deny the application. B. A written permit shall be issued to the applicant when a determination of compliance has been made. Specific conditions to assure compliance with applicable evaluation criteria, codes, ordinances, and the standards of this Chapter may be attached to the permit. C. Determination of non - compliance with applicable codes, ordinances, and the standards in this paragraph shall be communicated to the applicant in writing and the application for the permit shall be considered denied: unless. within 10 days of the date of such notice, the applicant submits revised plans Page 2 of 13 City of Corcoran August xx, 2016 County of Hennepin State of Minnesota ORDINANCE NO. 2016 -xxx and /or information with which the Zoning Administrator is able to determine compliance. D. Unresolved disputes as to administrative application of the requirements of this paragraph shall be subject to appeal as defined by Section 980 of this Chapter. E. If dedication of right -of -way on existing streets is required, the lot line adjustment shall be reviewed and acted on by City Council. F. If an easement vacation is required, the lot line adjustment shall be reviewed and acted on by City Council at the same meeting that the easement vacation is considered pursuant to Section 975 of the Subdivision Ordinance. Subd. S. Easement dedication. Prior to certification by the City of the approval of the lot line adjustment, the applicant shall supply required drainage and utility easements in recordable form to the City. Required easements shall be recorded in Hennepin County. The costs of recording shall be paid by the applicant. Subd. 6. Recordine of lot line adiustment. If the lot line adiustment is approved the applicant shall record the lot line adjustment with the County Recorder or the Registrar of Titles, and pay all associated costs. No changes, erasures, modifications or revisions shall be made in any lot line adjustment after approval has been given by the Zoning Administrator or the City Council. Subd. 7. Effect of Approval. For 2 years following lot line adjustment or lot consolidation approval, unless the applicant and City agree otherwise, no amendment to the Comprehensive Plan or other official controls shall apply to or affect the use, development density, lot size, or lot layout that was approved. Subd. B. Expiration of Lot Line Adjustment Approval. Unless the Zoning Administrator specifically approves a different time period, the approval of a lot line adjustment shall expire 2 years from the date it was approved, unless the applicant has recorded the lot line adjustment with Hennepin County and provided proof of the same to the City: or, unless before expiration of the 2 -year period, the applicant submits a written request for an extension thereof. Such request for an extension shall include the following: 1) an explanation for why a minor subdivision has not been filed. 2) what, if any, good faith efforts have been made to complete the process, and 3) the anticipated completion date. The Zoning Administrator may approve one such extension for a term not to exceed one additional year. Page 3 of 13 City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2016 -xxx 926.010 Application Requirements August xx, 2016 The materials, information, and drawings required for submission of a lot line ad.ustment or lot consolidation application are listed in this section. In order for theapplication to be deemed complete, it shall include or have attached thereto all materials, information, and drawings listed in this section. Subd. 1. Application Form. The applicant shall submit an official application form, as provided by the City, including the following information: A. Location, address (if assigned), legal description. and Hennepin County property identification number (P.I.N.) of all parcels included within the proposed subdivision. B. Name, address, telephone number, and signature of the applicant and all persons currently having an ownership interest in the parcels comprising the proposed subdivision. C. Written description of request. Such description may be provided on a separate sheet of paper that is attached to the application form. Subd. 2. Other Written Materials. The application form shall be accompanied by, or address, the following written materials: A. Completed application form and any necessary consent by interested parties signed by all owners in fee title, all lienholders, and all parties of interest in the property to be subdivided. B. Proof of ownership by either a copy of a deed, abstract of title, or attorney's opinion. The City reserves the right to require additional ownership information or verification. If requested, such additional information shall be provided by the applicant, at the applicant's expense. C. Property descriptions, existing and proposed. D. Drainage and utility easement forms, with legal descriptions for all wetland and floodplain areas and adjacent lot lines. Subd. 3. Fees and Deposits. The fees shall accompany the application form as set forth in the Corcoran City Code. The applicant shall also deposit with the City the estimated cost of any consultant review of the lot line adjustment that may be necessary to determine compliance with this Chapter or with the City's Page 4 of 13 City of Corcoran August xx, 2016 County of Hennepin State of Minnesota ORDINANCE NO. 2016 -xxx Comprehensive Plan, including but not limited to Planning, engineering or traffic studies. Subd. 4. Drawings, General Requirements. A. Drawings must meet all following specifications: 1. Be at a scale of one inch equals fifty feet (1" = 50') or less using an engineer's scale only. 2. Be on paper not exceeding 24- inches by 36- inches. 3. Include a title, and north point indication, the name and address of the applicant, and the name and address of the designer of the drawing 4. Include a signature of the person who prepared the drawing, together with any registration number or other professional certification number or title. 5. Provide the date of preparation and any revisions thereto. B. The applicant shall provide complete assembled sets of the drawings that are collated and stapled, the size and number of which shall be determined by the Zoning Administrator. C. The applicant shall submit electronic files of the drawings in a manner specified by the City in the Engineering Design Standards. Subd. 5. Drawings. The application form shall be accompanied by drawings and information indicating the following_ A. Vicinity map showing the relation of the property to be subdivided to adjacent properties and public roads. B. A certificate of survey in a scale of one inch equals 100 feet, prepared in accordance with Minnesota Statutes §505, and including: 1. Topographic contours at two -foot intervals, if required, to determine compliance with floodplain, bluff, slope or wetland protection requirements. 2. Wetland delineation in accordance with the Wetland Conservation Act. Page 5 of 13 City of Corcoran August xx, 2016 County of Hennepin State of Minnesota ORDINANCE NO. 2016 -xxx 3. Ordinary high -water elevations of all Public waterbodies. 4. Ordinary high groundwater elevation. S. Information on the stormwater convevance system servinLi the parcel including the minimum elevation that stormwater runoff can be drained from the parcel, the route it must take to connect to a Public trunk drainage system, and elevation indicating the parcel has an adequate and positive outlet for stormwater runoff. 6. Location of all public and private easements. 7. Floodplain areas and elevation figures. 8. Location of significant stands of trees and individual trees of eight - inch diameter or greater. 9. Existing lot lines. 10. Proposed lot lines. 11. Proposed locations and types of septic systems. 12. Proposed building areas and dimensions. 13. Proposed driveway locations. 14. North - pointing arrow and scale. SECTION 927 -MINOR SUBDIVISION PROCEDURE 927.010 Minor Subdivision Procedure Subd. 1 Criteria. A. A subdivision resulting in the creation of three or fewer lots, tracts or parcels shall be considered a minor subdivision, shall be permitted in the Urban Reserve and Rural Residential Zoning districts and may be exempt from platting provided that the following conditions are met: Page 6 of 13 City of Corcoran County of Hennepin State of Minnesota August xx, 2016 ORDINANCE NO. 2016 -xxx a. The subdivision shall be in compliance with the Comprehensive Plan and the purpose and intent of this Chapter. b. The lot division shall not cause any structure on the property to be made non - conforming or to be in violation of the Zoning Chapter or any other provisions of the City Code. The lot division shall be part of a previously recorded plat or Registered Land Survey. c. The lot division shall result in no more than 3 lots which are at least 2 1/2 acres that meet the minimum dimensional requirements for the zoning district in which the property is located. d. All parcels resulting from the lot division shall have frontage and access on an existing improved street. When right -of -way is required by the City or County, the applicant shall deed or provide easements for such right -of -way. e. The resulting parcels shall generally conform with the shape . character, and area of existing or anticipated land subdivisions in the surrounding areas. f. Any such lot division shall not require any public improvements. g. Any such subdivision shall not result in legal descriptions that are unduly complex. h. The applicant shall comply with the park dedication regulations, as required for a plat. i. Prior to issuance of building permits, property irons shall be installed pursuant to Minnesota Statutes. j. The applicant warranties that he or she is the owner of the properties subject to the application and has obtained all necessary consent from all other owners and interested parties. B. City Zoning Administrator shall require the subdivision to be processed as a plat in accordance with Sections 930 and 935 of the City Code if the standards of Subd. 1 of this section are not met. Page 7 of 13 City of Corcoran August xx, 2016 County of Hennepin State of Minnesota ORDINANCE NO. 2016 -xxx Subd. 2. Easement and right -of -way dedication. Prior to certification by the CitX of the approval of the minor subdivision, the applicant shall supply the deed(s), in recordable form, granting to the City the lot line easements required or other recordable easements found necessary and required by the City. The applicant shall record these documents with the County Recorder or the Registrar of Titles, provide proof of the same to the City and pay all associated costs. Subd.3. Filine. A minor subdivision application shall be filed with the Zonin Administrator on an official application form. The application shall be accompanied by the fee as set forth in the City Code. The application shall also be accompanied by detailed written and graphic materials, the number and size as prescribed by the Zoning Administrator that describes the minor subdivision. The application shall be considered as being officially submitted and complete when the applicant has complied with all the specified submittal requirements, as described in this Section. Subd. 4. Staff Analvsis. Upon receiving a complete application. as determined b staff review. the Zoning Administrator shall refer copies of the minor subdivision to the City staff and other applicable public agencies as needed in order to receive written comments. The Zoning Administrator shall instruct the appropriate staff person to 11 coordinate an analysis of the application, 21 prepare technical reports and coordinate preparation of the development contract. and 31 assist in preparing a recommendation to the City Council. Subd. 5. City Council Consideration. The City Council shall consider a minor subdivision as follows: A. Upon receiving the reports and recommendations of the staff, the City Administrator shall schedule the application for City Council consideration. The Council shall have the option of receiving additional testimony on the matter if they so choose. B. The City Council shall either approve or deny the application. C. Approval of a minor subdivision and any related development contract by the City Council shall require passage by a majority vote of all its members. The Council may require such revisions in the minor subdivision as it deems necessary for the health, safety, general welfare and convenience of the City. D. If a minor subdivision is denied by the City Council, the reasons for such action shall be recorded in the Council proceedings and transmitted to the applicant within 60 days. Page 8 of 13 City of Corcoran August xx, 2016 County of Hennepin State of Minnesota ORDINANCE NO. 2016 -xxx Subd. 6. Recording of Minor subdivision. If the minor subdivision is approved and signed by the Mayor and City officials, the applicant shall record the minor subdivision with the County Recorder or the Registrar of Titles and pay all associated costs. No changes, erasures, modifications or revisions shall be made in any minor subdivision after approval has been given by the City Council. Subd. 7. Effect of Approval. For 2 years following minor subdivision approval, unless the applicant and City agree otherwise, no amendment to the Comprehensive Plan or other official controls shall apply to or affect the use, development density, lot size, or lot layout that was approved. Subd. B. Expiration of Minor Subdivision Approval. Unless the Citv Council specifically approves a different time period, the approval of a minor subdivision shall expire 2 years from the date it was approved, unless the applicant has recorded the minor subdivision with Hennepin County and provided proof of the same to the City: or, unless before expiration of the 2 -year period, the applicant submits a written request for an extension thereof. Such request for an extension shall include the following: 1) an explanation for why a minor subdivision has not been filed, 2) what, if any, good faith efforts have been made to complete the process, and 3) the anticipated completion date. The Zoning Administrator may approve one such extension for a term not to exceed one additional year. 927.020 Application Requirements The materials, information, and drawings required for submission of a minor subdivision application are listed in this section. In order for a minor subdivision application to be deemed complete, it shall include or have attached thereto all materials, information, and drawings listed in this section. Subd. 1. Application Form. The applicant shall submit an official application form, as provided by the City, including the following information: A. Location, address (if assigned), legal description, and Hennepin County propertX identification number (P.I.N.) of all parcels included within the proposed subdivision. B. Name, address, telephone number, and signature of the applicant and all persons currently having an ownership interest in the parcels comprising the proposed subdivision. C. Written description of request. Such description may be provided on a separate sheet of paper that is attached to the application form. Page 9 of 13 City of Corcoran August xx, 2016 County of Hennepin State of Minnesota ORDINANCE NO. 2016 -xxx Subd. 2. Other Written Materials. The application form shall be accompanied by, or address, the following written materials: A. Completed application form and any necessary consent by interested parties signed by all owners in fee title, all lienholders, and all parties of interest in the property to be subdivided. B. Proof of ownership by either a copy of a deed, abstract of title, or attorney's opinion. C. Property descriptions, existing and proposed. D. Drainage and utility easement forms, with legal descriptions, for all wetland and floodplain areas. Subd. 3. Fees and Deposits. The fees shall accompanv the application form as set forth in the Corcoran City Code. The applicant shall also deposit with the City the estimated cost of any consultant review of the minor subdivision that may be necessary to determine compliance with this Chapter or with the City's Comprehensive Plan. including but not limited to planning. engineering or traffic studies. Subd. 4. Drawings, General Requirements. A. Drawings must meet all following specifications: 1. Be at a scale of one inch equals fifty feet (1" = 50') or less using an engineer's scale only. 2. Be on paper not exceeding 24- inches by 36- inches. 3. Include a title, and north point indication, the name and address of the applicant, and the name and address of the designer of the drawing 4. Include a signature of the person who prepared the drawing, together with any registration number or other professional certification number or title. 5. Provide the date of preparation and any revisions thereto. B. The applicant shall provide complete assembled sets of the drawings that are collated and stapled, the size and number of which shall be determined by the Zoning Administrator. Page 10 of 13 City of Corcoran August xx, 2016 County of Hennepin State of Minnesota ORDINANCE NO. 2016 -xxx C. The applicant shall submit electronic files of the drawings in a manner specified by the City in the Engineering Design Standards. Subd. S. Drawings. The application form shall be accompanied by drawings and information indicating the following_ A. Vicinity map showing the relation of the property to be subdivided to adjacent properties and public roads. B. A certificate of survey in a scale of one inch equals 100 feet, prepared in accordance with Minnesota Statutes X505, and including: 1. Topographic contours at two -foot intervals, if required, to determine compliance with floodplain, bluff, slope or wetland protection requirements. 2. Wetland delineation in accordance with the Wetland Conservation Act. 3. Ordinary high -water elevations of all public waterbodies. 4. Ordinary high groundwater elevation. S. Information on the stormwater convevance system serving the Darcel including the minimum elevation that stormwater runoff can be drained from the parcel, the route it must take to connect to a public trunk drainage system, and elevation indicating the parcel has an adequate and positive outlet for stormwater runoff. 6. Location of all public and private easements. 7. Floodplain areas and elevation figures. 8. Location of significant stands of trees and individual trees of eight - inch diameter or greater. 9. Existing lot lines. 10. Proposed lot lines. 11. Proposed locations and types of septic systems. Page 11 of 13 City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2016 -xxx 12. Proposed building areas and dimensions. 13. Proposed driveway locations. 14. North - pointing arrow and scale. August xx, 2016 SECTION 2. Amendments. The text of Section 915.020 (Definitions) of Title IX: Subdivision Ordinance of the Corcoran City Code is hereby amended by deleting the 6tFiGkeR material and adding the underlined material as follows: Lot Consolidation: The removal of lot lines between contiguous .parcels. Lot Division: Dividing a lot of record by placing new lot lines within its boundary, resulting in the creation of additional lots. Lot Line Adjustment Rearrangemen : Adjusting the lot lines between two or more lots of record, resulting in the same number of lots. Subdivision: Any division or rearrangement of land, except for those separations: A. Where all the resulting parcels, tracts, lots or interests will be 20 acres or larger in size and 500 feet in width for residential uses and 5 acres or larger in size for commercial and industrial uses; B. Creating cemetery lots; C. Resulting from court orders or the adjustment of a lot line by the relocation of a common boundary. Subdivision, Minor: A subdivision that results in the creation of 3 or fewer lots, not less than 2 1/2 acres in size, per Minnesota State Statutes X462.358. SECTION 3. Amendments. The text of Section 930.010 (Preliminary Plat Procedure) of Title IX: Subdivision Ordinance of the Corcoran City Code is hereby amended by deleting the stFie-ken material and adding the underlined material as follows: An application for a preliminary plat shall be approved or denied pursuant to Minnesota Statutes, Chapter 462.358. A preliminary plat may be processed concurrently with the final plat at the discretion of the Zoning Administrator. Page 12 of 13 City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2016 -xxx August xx, 2016 SECTION 4. Effective Date. This ordinance shall be in full force and effect upon its passage. VOTING AYE ❑ Guenthner, Ken ❑ Hank, Pat ❑ Keefe, Mike ❑ LaFave, Tonya ❑ Thomas, Ron VOTING NAY ❑ Guenthner, Ken ❑ Hank, Pat ❑ Keefe, Mike ❑ LaFave, Tonya ❑ Thomas, Ron Whereupon, said Ordinance is hereby declared adopted on this xx day of August 2016. Kenneth Guenthner - Mayor ATTEST: City Seal Jessica Beise — City Clerk /Administrative Services Coordinator Page 13 of 13 Agenda Item: 7.e. 0 • • 0 L A N D F O R M From Site to Finish 105 South Fifth Avenue Tel: 612 - 252 -9070 Suite 513 Fax: 612 - 252 -9077 Minneapolis, MN 55401 www.landform.net TO: Corcoran Planning Commission FROM: Anne Hurlburt through Kendra Lindahl, Landform DATE: July 27, 2016 for the August 4, 2016 Commission Meeting RE: PUBLIC HEARING. Floodplain Ordinance Update (City File 16 -019) 60 -DAY REVIEW DEADLINE: N/A 1. Request Hold a public hearing on an update to the Floodplain Overlay District requirements of the Zoning Ordinance, Chapter 10 of the Corcoran City Code. 2. Background In early May 2016, the City of Corcoran was notified that FEMA (Federal Emergency Management Agency) recently completed an update to its floodplain maps and that the City is required to update its existing floodplain ordinance in response. The floodplain ordinance must be updated by November 4, 2016 in order for Corcoran property owners to continue purchasing flood insurance coverage through the National Flood Insurance Program (NFIP). Through the MnDNR (Minnesota Department of Natural Resources), FEMA has provided a model ordinance which the City must adopt. Some modifications are permitted to address the unique characteristics of the City. The existing Floodplain Overlay District (Section 1050.030 of the Zoning Ordinance) was based on FEMAs 2004 model ordinance, with very little deviation from the model. The new model is more clearly written than the previous model and will be easier for the City to interpret and implement. The new model ordinance includes some updates that are required by FEMA, some clarifications and corrections to ensure we are following state and federal laws and some of the updates are optional recommended language. In order to complete the work by the November 4'" deadline, at their July 14 meeting the City Council directed preparation of ordinance amendments and the scheduling of a public hearing at the August 4th Planning Commission meeting. Tentatively, the ordinance would be adopted at the August 25th City Council meeting conditioned on approval by the MnDNR. 3. Draft Ordinance The existing Section 1050.030 (Floodplain Overlay District) would be repealed in its entirety and replaced with the new ordinance language from the updated model code (with some modifications to be consistent with other Corcoran City Code sections). The Floodplain Related definitions in Section 1020.020 (Definitions) must also be updated, along with several in the general definitions list. Landfori SensiblyGreen® and Site to Finish® are registered service marks of Landform Professional Services, LLC • • Amendments to Floodplain Overlay District (Section 1050.030) Subdivisions 1 and 2 • Subdivision 1 of the draft Floodplain Overlay District provisions would adopt the language on statutory authorization and purpose as provided in the model ordinance. Language from this section has also been incorporated into the draft resolution of findings of fact that would be adopted by the Council at the time the ordinance is adopted. Subdivision 2 of the draft incorporates the general provisions provided in the model with one substantive change. The Regulatory Flood Protection Elevation (RFPE), Subd. 2. D is specified to be an elevation no lower than two feet about the regional flood, plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway. The model ordinance specifies that the RFPE is a minimum of one foot above that elevation. This more restrictive two -foot requirement is in Corcoran's current ordinance and would be continued in the amendment. This standard also appears in the definitions section. Subdivision 2 also adopts the FEMA Flood Insurance Rate Map (FIRM) panels for Corcoran as a part of the official zoning map and ordinance. As part of a national modernization effort, the FEMA maps are being updated. The new FIRM will have an aerial photo background, making it easier to find streets, buildings, structures, etc. The FIRM will also be produced in a digital format, meaning that the floodplain can be a layer in a computer mapping system and can be overlaid on other layers such as the aerial photos, parcels, etc. The effective date of the new FIRM is November 4, 2016. The new maps will be kept on file in the office of the City Clerk, but can also be viewed and used at FEMA's website: httD: / /msc.fema.aov /aortal. Subdivisions 4 throuah 6— Floodplain Overlav Subdistricts As in the current ordinance, the revised text includes three subdistricts within the Floodplain Overlay zone: The Floodway District (FW), the Flood Fringe District (FF) and the General Floodplain District (GF.) The FW and FF subdistricts each have their own list of permitted and conditional uses and standards for those uses. Because the Floodplain is an overlay zone, uses must also be incompliance with the underlying zoning district. For example, Subd. 4. A. 2 lists "Industrial - commercial loading areas" as a permitted use in the FW district. This use would only be allowed if the underlying district allows industrial - commercial uses. Uses must also comply with any other applicable overlay districts (such as Shoreland) that may affect the site. The Floodway (FW) District is generally the bed of a watercourse plus what is referred to as the "100 -year floodplain" or where flooding may be expected to occur on an average frequency in the magnitude of a 1 % chance. This is also referred to as the "regional flood." The FW District must generally be kept open in order to allow floodwater to pass, so structures are generally not permitted and filling is tightly restricted. The Flood Fringe (FF) District is the remainder of the floodplain lying outside of the floodway. This area is generally covered by shallow, slow moving flood waters. Some development is allowed in the flood fringe provided that residential buildings are placed on fill so that the lowest floor, including the basement, is above the flood protection elevation. Accessory structures and nonresidential Floodplain Ordinance Update August 4, 2016 Planning Commission Meeting • • structures may be floodproofed, and other uses must be designed to minimize the potential for hazard or damage in times of flooding. The GF District regulates areas that are mapped by FEMA as susceptible to flood damage, but where a floodway boundary has not been mapped. All uses in these areas are subject to a procedure whereby engineering data is reviewed to determine whether they fall within the FW or FF, which determines allowable uses and development standards. The uses and standards for each of the three subdistricts are contained in Subd. 4 through 6 of the draft amendments. They adhere closely to the model ordinance and are very similar to the existing ordinance. The list of open space uses permitted in the FW district has been modified from the model to specifically include athletic fields, and to conform to Corcoran's current ordinance which includes target ranges and trap and skeet ranges as permitted, even though the new model does not. While the list of uses in Subd. 4. A. 3 is not meant to be limiting, these additions would make it clear that these uses may be acceptable if all standards are met. These recommended changes (and the ordinance as a whole) are contingent upon MnDNR approval. One other difference between Corcoran's existing code and the new model is that railroads, street, bridges, utility transmission lines and pipelines which are conditional uses in Corcoran's current code are permitted uses in the new model. This change has been made in the draft ordinance along with new language that specifies that the DNR must be notified at least 10 days prior to issuance of any permit. Subdivisions 7 through 13 Subdivisions 7 and 8 of the draft ordinance (which deal with subdivisions and public utilities, railroads, roads and bridges) contain no major departures from the new DNR model or from the substantive requirements of the existing Corcoran code. Subdivision 9, which deals with manufactured homes, manufactured home parks and recreational vehicles, contains substantive changes from the existing code. The model was revised to recognize MN Department of Health Rules which prohibit mobile home parks and recreational camping areas in flood prone areas. The revised code would allow only the replacement of existing manufactured homes in existing parks and recreational vehicles in existing campgrounds or on individual lots. There is an exemption for recreational vehicles that are "highway ready" as they can be moved quickly if needed. Subdivision 10, Administration, has been improved in the DNR model by allowing the community to reference the existing code requirements for variance and conditional use permit applications. The draft ordinance now includes only the specific procedures and criteria related to floodplains. The requirements for permits and other administrative requirements are substantially the same as in the existing code. Subdivision 11, Nonconformities, is similar to the existing Nonconforming Uses language. Generally, structures within the Floodway district may not be enlarged or expanded, and if damaged to the extent of 50% or more if their value must be brought into conformance with the ordinance. Floodplain Ordinance Update August 4, 2016 Planning Commission Meeting • • • • New definitions of "substantial damage" and "substantial improvement" will help with understanding and interpreting this section. There is new, optional language in the model ordinance concerning "repetitive loss" that is different than Corcoran's current code. Subd. 11. A. 6 provides that if any nonconforming use or structure suffers a repetitive loss, it may not be reconstructed except in conformity with the ordinance. A repetitive loss — defined as flood related damages sustained by a structure on two separate occasions during a ten year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds 25% of the market value of the structure before the damage occurred. The purpose of this new language is to gradually eliminate nonconformities that are frequently damaged, but not to the 50% level. Subdivision 12, Penalties and Enforcement, and Subdivision13, Amendments are both consistent with the model ordinance. These sections have been simplified and improved by allowing the city to reference the existing enforcement provisions of the zoning ordinance. Amendments to Definitions (Section 1020.020) The Floodplain Related definitions required by the 2004 model ordinance are currently gathered together in a separate section within the definitions section of the Zoning Ordinance. In the new model, a number of new definitions have been added and several have been revised. The draft ordinance provides the redlined text showing these changes. The following definitions have been added to the Floodplain Related definitions section: Base Flood Elevation, Critical Facilities, Development, Farm Fence, Flood Prone Area, New Construction, One Hundred Year Floodplain, Repetitive Loss, Special Flood Hazard Area and Start of Construction. Adoption of the amendments also presents an opportunity to eliminate duplications and potential confusion between definitions that appear in both the Floodplain Related and general definitions of the Zoning Ordinance. The following definitions have been deleted from the Floodplain Related section: Accessory Use or Structure, Conditional Use, Manufactured Home, Principal Use or Structure, Recreational Vehicle, Structure and Variance. The city will use the definitions for these terms that already appear elsewhere in the definitions section. Amendments to several general zoning definitions are needed to ensure compliance with the model: • Manufactured Home —the current general definition is different than the one in the floodplain section, which is in compliance with the old and the new model. The definition in the model is closer to the definition in state law. The ordinance amendment would adopt a single definition that would apply generally and in the Floodplain Overlay District. • Recreational Vehicle —there is currently no general definition of this term in the Zoning Ordinance. It is more appropriate to place this term in the general definitions section, as it is needed to distinguish between "Manufactured Home" and "Recreational Vehicle." • Structure —there are different definitions of this basic term in the two sections of the code. Revisions to the existing general definitions are recommended to comply with the model and to avoid confusion. After the recommended amendments, there would continue to be one duplication in terms between the general and Floodplain Related definitions: the definition of "basement." Floodplain Ordinance Update August 4, 2016 Planning Commission Meeting • • • • The general definition currently reads: BASEMENT: A portion of a building located partly underground but having half or more of its floor to ceiling height below the average grade of the adjoining ground. The definition in the model floodplain ordinance reads: BASEMENT: any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level. These two definitions are substantively different. The general definition would probably call more space a "basement" because less than four sides can be below ground level (such as a walkout basement.) It also refers to "average grade of the adjoining ground ", not just "subgrade." To avoid any unintended consequence that might result from reconciling them, we recommend retaining the two separate definitions in the code. The second (new) definition would apply only within the Floodplain Overlay District. 4. Requested Action Staff requests that the Commission hold the public hearing, and then move to recommend approval of the following: a) Ordinance 2016 -XX, Amending the Text of Chapter 10 of the Corcoran City Code, Entitled Corcoran Zoning Ordinance b) Resolution 2016 -XX, Findings of Fact for Adoption of the Zoning Ordinance Amendment Regarding Floodplain Overlay District Requirements Attachments: • Draft Ordinance Amendment for Planning Commission Public Hearing • Draft Resolution of Findings of Fact • Floodplain Map showing changes to floodplain Floodplain Ordinance Update August 4, 2016 Planning Commission Meeting City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2016 -XXX Motion By: Seconded By: August xx, 2016 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 1050.030 - Flood Plain Overlay District shall be repealed and replaced in its entirety with the following text: 1050.030 - Floodplain Overlay District Subd. 1. Statutory Authorization, Findings of Fact and Purpose A. Statutory Authorization. The legislature of the State of Minnesota has, in Minnesota Statutes Chapter 103F and Chapter 462 delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. B. Purpose. This ordinance regulates development in the flood hazard areas of the City of Corcoran. These flood hazard areas are subject to periodic inundation, which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. It is the purpose of this ordinance to promote the public health, safety, and general welfare by minimizing these losses and disruptions. 2. National Flood Insurance Program Compliance. This ordinance is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59 -78, as amended, so as to maintain the community's eligibility in the National Flood Insurance Program. 3. This ordinance is also intended to preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development. Page 1 of 30 City of Corcoran County of Hennepin August xx, 2016 State of Minnesota ORDINANCE NO. 2016 -XXX Subd. 2. General Provisions. A. How to Use This Ordinance. This ordinance adopts the floodplain maps applicable to the City of Corcoran and includes three floodplain districts: Floodway, Flood Fringe, and General Floodplain. Where Floodway and Flood Fringe districts are delineated on the floodplain maps, the standards in Subd. 4 or Subd. 5 will apply, depending on the location of a property. 2. Locations where Floodway and Flood Fringe districts are not delineated on the floodplain maps are considered to fall within the General Floodplain district. Within the General Floodplain district, the Floodway District standards in Subd. 4 apply unless the floodway boundary is determined, according to the process outlined in Subd. 6. Once the floodway boundary is determined, the Flood Fringe District standards in Subd. 5 may apply outside the floodway. B. Lands to Which Ordinance Applies. This ordinance applies to all lands within the jurisdiction of the City of Corcoran shown on the Official Zoning Map and /or the attachments to the map as being located within the boundaries of the Floodway, Flood Fringe, or General Floodplain Districts. 1. The Floodway, Flood Fringe and General Floodplain Districts are overlay districts that are superimposed on all existing zoning districts. The standards imposed in the overlay districts are in addition to any other requirements in this ordinance. In case of a conflict, the more restrictive standards will apply. C. Incorporation of Maps by Reference. The following maps together with all attached material are hereby adopted by reference and declared to be a part of the Official Zoning Map and this ordinance. The attached material includes the Flood Insurance Study for Hennepin County, Minnesota, and Incorporated Areas, dated November 4, 2016 and the Flood Insurance Rate Map panels enumerated below, dated November 4, 2016, all prepared by the Federal Emergency Management Agency. These materials are on file in the office of the City Clerk. Page 2 of 30 City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2016 -XXX Effective Flood Insurance Rate Map panels: 27053C0019F 27053C0038F 27053C0039F 27053C0043F 27053C0044F 27053C0132F 27053C0134F 27053C0151F 27053C0152F 27053C0153F August xx, 2016 27053C0154F 27053C0156F 27053C0157F 27053C0158F 27053C0159F D. Regulatory Flood Protection Elevation. The regulatory flood protection elevation (RFPE) is an elevation no lower than two feet above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway. E. Interpretation. The boundaries of the zoning districts are determined by scaling distances on the Flood Insurance Rate Map. Where a conflict exists between the floodplain limits illustrated on the official zoning map and actual field conditions, the flood elevations shall be the governing factor. The Zoning Administrator must interpret the boundary location based on the ground elevations that existed on the site on the date of the first National Flood Insurance Program map showing the area within the regulatory floodplain, and other available technical data. 2. Persons contesting the location of the district boundaries will be given a reasonable opportunity to present their case to the City Council acting in its capacity as the Board of Adjustment and Appeals and to submit technical evidence. F. Abrogation and Greater Restrictions. It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or other private agreements. However, where this ordinance imposes greater restrictions, the provisions of this ordinance prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. G. Warning and Disclaimer of Liability. This ordinance does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. This ordinance does not create liability on the part of the City of Corcoran or its officers or employees for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. Page 3 of 30 City of Corcoran County of Hennepin August xx, 2016 State of Minnesota ORDINANCE NO. 2016 -XXX H. Severability. If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of law, the remainder of this ordinance shall not be affected and shall remain in full force. I. Definitions. Unless specifically defined in Section 1020.020 (Floodplain Related Definitions) of this ordinance, words or phrases used in this ordinance must be interpreted according to common usage and so as to give this ordinance its most reasonable application. Subd. 3. Establishment of Zoning Districts. A. Districts. 1. Floodway District. The Floodway District includes those areas within Zones AE that have a floodway delineated as shown on the Flood Insurance Rate Map adopted in Subd. 2. C. 2. Flood Fringe District. The Flood Fringe District includes areas within Zones AE that have a floodway delineated on the Flood Insurance Rate Map adopted in Subd. 2. C, but are located outside of the floodway. 3. General Floodplain District. The General Floodplain District includes those areas within Zones A that do not have a delineated floodway as shown on the Flood Insurance Rate Map adopted in Subd. 2. C. B. Applicability. Within the floodplain districts established in this ordinance, the use, size, type and location of development must comply with the terms of this ordinance and other applicable regulations. In no cases shall floodplain development adversely affect the efficiency or unduly restrict the capacity of the channels or floodways of any tributaries to the main stream, drainage ditches, or any other drainage facilities or systems. All uses not listed as permitted uses or conditional uses in Subd. 4, 5 and 6 are prohibited. In addition, critical facilities, as defined in Section 1020.020, are prohibited in all floodplain districts. Subd. 4. Floodway District (FW) A. Permitted Uses. The following uses, subject to the standards set forth in Subd. 4. B, are permitted uses if otherwise allowed in the underlying zoning district or any applicable overlay district: Page 4 of 30 City of Corcoran County of Hennepin State of Minnesota August xx, 2016 ORDINANCE NO. 2016 -XXX General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. 2. Industrial- commercial loading areas, parking areas, and airport landing strips. 3. Private and public open space and recreational uses, including but not limited to private and public golf courses, tennis courts, athletic fields, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and single or multiple purpose recreational trails. 4. Residential lawns, gardens, parking areas, and play areas. S. Railroads, streets, bridges, utility transmission lines and pipelines, provided that the Department of Natural Resources' Area Hydrologist is notified at least ten days prior to issuance of any permit. B. Standards for Floodway Permitted Uses. 1. The use must have a low flood damage potential. 2. The use must not obstruct flood flows or cause any increase in flood elevations and must not involve structures, obstructions, or storage of materials or equipment. 3. Any facility that will be used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1% chance) flood. C. Conditional Uses. The following uses may be allowed as conditional uses following the standards and procedures set forth in Subd. 10. D of this ordinance and further subject to the standards set forth in Subd. 4. C, if otherwise allowed in the underlying zoning district or any applicable overlay district. Page 5 of 30 City of Corcoran County of Hennepin State of Minnesota August xx, 2016 ORDINANCE NO. 2016 -XXX 1. Structures accessory to the uses listed in Subd. 4. A. 1 - 4. A. 3 above and the uses listed in Subd. 4. C. 2 - 4. C. 3 below. 2. Extraction and storage of sand, gravel, and other materials. 3. Marinas, boat rentals, docks, piers, wharves, and water control structures. 4. Storage yards for equipment, machinery, or materials. S. Placement of fill or construction of fences that obstruct flood flows. Farm fences, as defined in Section 1020.020, are permitted uses. 6. Travel -ready recreational vehicles meeting the exception standards in Subd. 9. B. 7. Levees or dikes intended to protect agricultural crops for a frequency flood event equal to or less than the 10 -year frequency flood event. D. Standards for Floodway Conditional Uses. 1. All Uses. A conditional use must not cause any increase in the stage of the 1% chance or regional flood or cause an increase in flood damages in the reach or reaches affected. 2. Fill; Storage of Materials and Equipment. a. The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. b. Fill, dredge spoil, and other similar materials deposited or stored in the floodplain must be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. Permanent sand and gravel operations and similar uses must be covered by a long -term site development plan. c. Temporary placement of fill, other materials, or equipment which would cause an increase to the stage of the 1% percent chance or regional flood may only be allowed if the City Council has approved a plan that assures removal of the materials from the floodway based upon the flood warning time available. Page 6 of 30 City of Corcoran County of Hennepin State of Minnesota August xx, 2016 ORDINANCE NO. 2016 -XXX 3. Accessory Structures. Accessory structures, as identified in Subd. 4. C. 1, may be permitted, provided that: a. structures are not intended for human habitation; b. structures will have a low flood damage potential; c. structures will be constructed an placed so as to offer a minimal obstruction to the flow of flood waters; d. Service utilities, such as electrical and heating equipment, within these structures must be elevated to or above the regulatory flood protection elevation or properly floodproofed; e. Structures must be elevated on fill or structurally dry floodproofed in accordance with the FP1 or FP2 floodproofing classifications in the State Building Code. All floodproofed structures must be adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls. f. As an alternative, an accessory structure may be internally /wet floodproofed to the FP3 or FP4 floodproofing classifications in the State Building Code, provided the accessory structure constitutes a minimal investment and does not exceed 576 square feet in size. Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria: (i) To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and (ii) There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. Page 7 of 30 City of Corcoran County of Hennepin State of Minnesota August xx, 2016 ORDINANCE NO. 2016 -XXX 4. Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters are subject to the provisions of Minnesota Statutes, Section 103G.245. S. A levee, dike or floodwall constructed in the floodway must not cause an increase to the 1% chance or regional flood. The technical analysis must assume equal conveyance or storage loss on both sides of a stream. 6. Floodway developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system. Subd. S. Flood Fringe District (FF) A. Permitted Uses. Permitted uses are those uses of land or structures allowed in the underlying zoning district(s) that comply with the standards in Subd. 5. B. B. Standards for Flood Fringe Permitted Uses. 1. All structures, including accessory structures, must be elevated on fill so that the lowest floor, as defined, is at or above the regulatory flood protection elevation. The finished fill elevation for structures must be no lower than two feet below the regulatory flood protection elevation and the fill must extend at the same elevation at least 15 feet beyond the outside limits of the structure. 2. Accessory Structures. As an alternative to the fill requirements of Subd. 5. B. 1, structures accessory to the uses identified in Subd. S. A may be permitted to be internally /wet floodproofed to the FP3 or FP4 floodproofing classifications in the State Building Code, provided that: a. The accessory structure constitutes a minimal investment, does not exceed 576 square feet in size, and is only used for parking and storage. b. All portions of floodproofed accessory structures below the Regulatory Flood Protection Elevation must be: i. adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on Page 8 of 30 City of Corcoran County of Hennepin State of Minnesota August xx, 2016 ORDINANCE NO. 2016 -XXX exterior walls, ii. be constructed with materials resistant to flood damage, and iii. must have all service utilities be water -tight or elevated to above the regulatory flood protection elevation. c. Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria: To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and ii. There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. 3. The cumulative placement of fill or similar material on a parcel must not exceed 1,000 cubic yards, unless the fill is specifically intended to elevate a structure in accordance with Subd. S. B. 1 of this ordinance, or if allowed as a conditional use under Subd. 5. C. 3 below. 4. The storage of any materials or equipment must be elevated on fill to the regulatory flood protection elevation. S. All service utilities, including ductwork, must be elevated or water- tight to prevent infiltration of floodwaters. 6. The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. 7. All fill must be properly compacted and the slopes must be properly protected by the use of riprap, vegetative cover or other acceptable method. Page 9 of 30 City of Corcoran County of Hennepin State of Minnesota August xx, 2016 ORDINANCE NO. 2016 -XXX 8. All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation, or must have a flood warning /emergency evacuation plan acceptable to the City Council. 9. Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation lower than the regulatory flood protection elevation. However, any facilities used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1% chance) flood. 10. Interference with normal manufacturing /industrial plant operations must be minimized, especially along streams having protracted flood durations. In considering permit applications, due consideration must be given to the needs of industries with operations that require a floodplain location. 11. Manufactured homes and recreational vehicles must meet the standards of Subd. 9 of this ordinance. C. Conditional Uses. The following uses and activities may be allowed as conditional uses, if allowed in the underlying zoning district(s) or any applicable overlay district, following the procedures in Subd. 10. D of this ordinance. 1. Any structure that is not elevated on fill or floodproofed in accordance with Subd. 5. B. 1 and S. B. 2 of this ordinance. 2. Storage of any material or equipment below the regulatory flood protection elevation. 3. The cumulative placement of more than 1,000 cubic yards of fill when the fill is not being used to elevate a structure in accordance with Subd. S. B. 1 of this ordinance. 4. (OPTIONAL) The use of methods to elevate structures above the regulatory flood protection elevation, including stilts, pilings, parallel walls, or above - grade, enclosed areas such as crawl spaces or tuck under garages, shall meet the standards in Subd. 5. D. 6. Page 10 of 30 City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2016 -XXX D. Standards for Flood Fringe Conditional Uses. August xx, 2016 1. The standards listed in Subd. 5. B. 4 through S. B. 10 apply to all conditional uses. 2. Basements, as defined by Section 1020.020 of this ordinance, Floodplain Related Definitions, are subject to the following: a. Residential basement construction is not allowed below the regulatory flood protection elevation. b. Non - residential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry floodproofed in accordance with Subd. S. D. 3 of this ordinance. 3. All areas of nonresidential structures, including basements, to be placed below the regulatory flood protection elevation must be floodproofed in accordance with the structurally dry floodproofing classifications in the State Building Code. Structurally dry floodproofing must meet the FP1 or FP2 floodproofing classification in the State Building Code, which requires making the structure watertight with the walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. 4. The placement of more than 1,000 cubic yards of fill or other similar material on a parcel (other than for the purpose of elevating a structure to the regulatory flood protection elevation) must comply with an approved erosion /sedimentation control plan. a. The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the regional (1% chance) flood event. b. The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the City Council. c. The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists. Page 11 of 30 City of Corcoran County of Hennepin State of Minnesota August xx, 2016 ORDINANCE NO. 2016 -XXX 5. Storage of materials and equipment below the regulatory flood protection elevation must comply with an approved emergency plan providing for removal of such materials within the time available after a flood warning. 6. (OPTIONAL) Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. The base or floor of an enclosed area shall be considered above -grade and not a structure's basement or lowest floor if: 1) the enclosed area is above -grade on at least one side of the structure; 2) it is designed to internally flood and is constructed with flood resistant materials; and 3) it is used solely for parking of vehicles, building access or storage. The above -noted alternative elevation methods are subject to the following additional standards: a. Design and Certification - The structure's design and as -built condition must be certified by a registered professional engineer as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the regulatory flood protection elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding. b. Specific Standards for Above - grade, Enclosed Areas - Above - grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate: i. The minimum area of openings in the walls where internal flooding is to be used as a floodproofing technique. There shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one foot above grade. The automatic openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters without any form of human intervention; and Page 12 of 30 City of Corcoran County of Hennepin State of Minnesota August xx, 2016 ORDINANCE NO. 2016 -XXX ii. That the enclosed area will be designed of flood resistant materials in accordance with the FP3 or FP4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles or storage. Subd. 6. General Floodplain District (GF) A. Permitted Uses. 1. The uses listed in Subd. 4. A of this ordinance, Floodway District Permitted Uses, are permitted uses. 2. All other uses are subject to the floodway /flood fringe evaluation criteria specified in Subd. 6. B below. Subd. 4 applies if the proposed use is determined to be in the Floodway District. Subd. 5 applies if the proposed use is determined to be in the Flood Fringe District. B. Procedures for Floodway and Flood Fringe Determinations. 1. Upon receipt of an application for a permit or other approval within the General Floodplain District, the Zoning Administrator must obtain, review and reasonably utilize any regional flood elevation and floodway data available from a federal, state, or other source. 2. If regional flood elevation and floodway data are not readily available, the applicant must furnish additional information, as needed, to determine the regulatory flood protection elevation and whether the proposed use would fall within the Floodway or Flood Fringe District. Information must be consistent with accepted hydrological and hydraulic engineering standards and the standards in Subd. 6. B. 3 below. 3. The determination of floodway and flood fringe must include the following components, as applicable: a. Estimate the peak discharge of the regional (1% chance) flood. b. Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. Page 13 of 30 City of Corcoran County of Hennepin State of Minnesota August xx, 2016 ORDINANCE NO. 2016 -XXX c. Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than one -half (0.5) foot. A lesser stage increase than 0.5 foot is required if, as a result of the stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach must be assumed in computing floodway boundaries. 4. The Zoning Administrator will review the submitted information and assess the technical evaluation and the recommended Floodway and /or Flood Fringe District boundary. The assessment must include the cumulative effects of previous floodway encroachments. The Zoning Administrator may seek technical assistance from a designated engineer or other expert person or agency, including the Department of Natural Resources. Based on this assessment, the Zoning Administrator may approve or deny the application. 5. Once the Floodway and Flood Fringe District boundaries have been determined, the Zoning Administrator must process the permit application consistent with the applicable provisions of Subd. 4 and 5 of this ordinance. Subd.7. Subdivisions. A. No land may be subdivided which is unsuitable for reasons of flooding or inadequate drainage, water supply or sewage treatment facilities. Manufactured home parks and recreational vehicle parks or campgrounds are considered subdivisions under this ordinance. B. All lots within the floodplain districts must be able to contain a building site outside of the Floodway District at or above the regulatory flood protection elevation. C. All subdivisions must have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation, unless a flood warning emergency plan for the safe evacuation of all vehicles and people during the regional (1% chance) flood has been approved by the City Council. The plan must be prepared by a registered engineer or other qualified individual, and must demonstrate that adequate time and personnel exist to carry out the evacuation. D. For all subdivisions in the floodplain, the Floodway and Flood Fringe District boundaries, the regulatory flood protection elevation and the Page 14 of 30 City of Corcoran County of Hennepin State of Minnesota August xx, 2016 ORDINANCE NO. 2016 -XXX required elevation of all access roads must be clearly labeled on all required subdivision drawings and platting documents. E. In the General Floodplain District, applicants must provide the information required in Subd. 6. B of this ordinance to determine the regional flood elevation, the Floodway and Flood Fringe District boundaries and the regulatory flood protection elevation for the subdivision site. Subd. 8. Public Utilities, Railroads, Roads and Bridges. A. Public Utilities. All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain must be floodproofed in accordance with the State Building Code or elevated to the regulatory flood protection elevation. B. Public Transportation Facilities. Railroad tracks, roads, and bridges to be located within the floodplain must comply with Subd. 4 and 5 of this ordinance. These transportation facilities must be elevated to the regulatory flood protection elevation where failure or interruption of these facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety. C. On -site Water Supply and Sewage Treatment Systems. Where public utilities are not provided: 1) On -site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems and are subject to the provisions in Minnesota Rules Chapter 4725.4350, as amended; and 2) New or replacement on -site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, they must not be subject to impairment or contamination during times of flooding, and are subject to the provisions in Minnesota Rules Chapter 7080.2270, as amended. Subd. 9. Manufactured Homes, Manufactured Home Parks and Recreational Vehicles. A. Manufactured Homes: New manufactured home parks and expansions to existing manufactured home parks are prohibited in any floodplain district. For existing manufactured home parks or lots of record, the following requirements apply: Page 15 of 30 City of Corcoran County of Hennepin State of Minnesota August xx, 2016 ORDINANCE NO. 2016 -XXX 1. Placement or replacement of manufactured home units is prohibited in the Floodway District. 2. If allowed in the Flood Fringe District, placement or replacement of manufactured home units is subject to the requirements of Subd. 5 of this ordinance and the following standards. a. New and replacement manufactured homes must be elevated in compliance with Subd. 5 of this ordinance and must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not limited to, use of over - the -top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. b. New or replacement manufactured homes in existing manufactured home parks must meet the vehicular access requirements for subdivisions in Subd. 7. C. B. Recreational Vehicles: New recreational vehicle parks or campgrounds and expansions to existing recreational vehicle parks or campgrounds are prohibited in any floodplain district. Placement of recreational vehicles in existing recreational vehicle parks or campgrounds in the floodplain must meet the exemption criteria below or be treated as new structures meeting the requirements of this ordinance. 1. Recreational vehicles are exempt from the provisions of this ordinance if they are placed in any of the following areas and meet the criteria listed in Subd. 9. B. 2: a. Individual lots or parcels of record. b. Existing commercial recreational vehicle parks or campgrounds C. Existing condominium -type associations. 2. Criteria for Exempt Recreational Vehicles: a. The vehicle must have a current license required for highway use. Page 16 of 30 City of Corcoran County of Hennepin State of Minnesota August xx, 2016 ORDINANCE NO. 2016 -XXX b. The vehicle must be highway ready, meaning on wheels or the internal jacking system, attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks. c. No permanent structural type additions may be attached to the vehicle. d. The vehicle and associated use must be permissible in any pre- existing, underlying zoning district. Subd.10. Administration. A. Zoning Administrator. A Zoning Administrator or other official designated by the City Council must administer and enforce this ordinance. B. Permit Requirements. 1. Permit Required. A permit must be obtained from the Zoning Administrator prior to conducting the following activities: a. The erection, addition, modification, rehabilitation, or alteration of any building, structure, or portion thereof. Normal maintenance and repair also requires a permit if such work, separately or in conjunction with other planned work, constitutes a substantial improvement as defined in this ordinance. b. The use or change of use of a building, structure, or land. c. The construction of a dam, fence, or on -site septic system, although a permit is not required for a farm fence as defined in this ordinance. d. The change or extension of a nonconforming use. e. The repair of a structure that has been damaged by flood, fire, tornado, or any other source. The placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain. Page 17 of 30 City of Corcoran County of Hennepin State of Minnesota August xx, 2016 ORDINANCE NO. 2016 -XXX g. Relocation or alteration of a watercourse (including new or replacement culverts and bridges), unless a public waters work permit has been applied for. h. Any other type of "development" as defined in this ordinance. 2. Application for Permit. Permit applications must be submitted to the Zoning Administrator on forms provided by the Zoning Administrator. The permit application must include the following as applicable: a. A site plan showing all pertinent dimensions, existing or proposed buildings, structures, and significant natural features having an influence on the permit. b. Location of fill or storage of materials in relation to the stream channel. c. Copies of any required municipal, county, state or federal permits or approvals. d. Other relevant information requested by the Zoning Administrator as necessary to properly evaluate the permit application. 3. Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. No building, land or structure may be occupied or used in any manner until a certificate of zoning compliance has been issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this ordinance. 4. Certification. The applicant is required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this ordinance. Floodproofing measures must be certified by a registered professional engineer or registered architect. S. Record of First Floor Elevation. The Zoning Administrator must maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the floodplain. The Zoning Administrator must also maintain a record of the elevation to which structures and alterations or additions to structures are floodproofed. Page 18 of 30 City of Corcoran County of Hennepin State of Minnesota August xx, 2016 ORDINANCE NO. 2016 -XXX 6. Notifications for Watercourse Alterations. Before authorizing any alteration or relocation of a river or stream, the Zoning Administrator must notify adjacent communities. If the applicant has applied for a permit to work in public waters pursuant to Minnesota Statutes, Section 103G.245, this will suffice as adequate notice. A copy of the notification must also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA). 7. Notification to FEMA When Physical Changes Increase or Decrease Base Flood Elevations. As soon as is practicable, but not later than six months after the date such supporting information becomes available, the Zoning Administrator must notify the Chicago Regional Office of FEMA of the changes by submitting a copy of the relevant technical or scientific data. C. Variances. Variance Applications. An application for a variance to the provisions of this ordinance will be processed and reviewed in accordance with applicable state statutes and Section 1070.040 of the Zoning Ordinance. 2. Adherence to State Floodplain Management Standards. A variance must not allow a use that is not allowed in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law. 3. Additional Variance Criteria. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied: a. Variances must not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. b. Variances may only be issued by a community upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, Page 19 of 30 City of Corcoran County of Hennepin State of Minnesota August xx, 2016 ORDINANCE NO. 2016 -XXX cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. c. Variances may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. 4. Flood Insurance Notice. The Zoning Administrator must notify the applicant for a variance that: 1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and 2) Such construction below the base or regional flood level increases risks to life and property. Such notification must be maintained with a record of all variance actions. 5. General Considerations. The community may consider the following factors in granting variances and imposing conditions on variances and conditional uses in floodplains: a. The potential danger to life and property due to increased flood heights or velocities caused by encroachments; b. The danger that materials may be swept onto other lands or downstream to the injury of others; c. The proposed water supply and sanitation systems, if any, and the ability of these systems to minimize the potential for disease, contamination and unsanitary conditions; d. The susceptibility of any proposed use and its contents to flood damage and the effect of such damage on the individual owner; e. The importance of the services to be provided by the proposed use to the community; f. The requirements of the facility for a waterfront location; g. The availability of viable alternative locations for the proposed use that are not subject to flooding; h. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future; Page 20 of 30 City of Corcoran County of Hennepin State of Minnesota August xx, 2016 ORDINANCE NO. 2016 -XXX i. The relationship of the proposed use to the Comprehensive Land Use Plan and floodplain management program for the area; The safety of access to the property in times of flood for ordinary and emergency vehicles; k. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site. 6. Submittal of Hearing Notices to the Department of Natural Resources (DNR). The Zoning Administrator must submit hearing notices for proposed variances to the DNR sufficiently in advance to provide at least ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. 7. Submittal of Final Decisions to the DNR. A copy of all decisions granting variances must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. 8. Record - Keeping. The Zoning Administrator must maintain a record of all variance actions, including justification for their issuance, and must report such variances in an annual or biennial report to the Administrator of the National Flood Insurance Program, when requested by the Federal Emergency Management Agency. D. Conditional Uses. Administrative Review. An application for a conditional use permit under the provisions of this ordinance will be processed and reviewed in accordance with Section 1070.020 of the Zoning Ordinance. 2. Factors Used in Decision - Making. In passing upon conditional use applications, the City Council must consider all relevant factors specified in other sections of this ordinance, and those factors identified in Subd. 10. C. 5 of this ordinance. 3. Conditions Attached to Conditional Use Permits. The City Council may attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this ordinance. Such conditions may include, but are not limited to, the following: a. Modification of waste treatment and water supply facilities. Page 21 of 30 City of Corcoran County of Hennepin State of Minnesota August xx, 2016 ORDINANCE NO. 2016 -XXX b. Limitations on period of use, occupancy, and operation. c. Imposition of operational controls, sureties, and deed restrictions. d. Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures. e. Floodproofing measures, in accordance with the State Building Code and this ordinance. The applicant must submit a plan or document certified by a registered professional engineer or architect that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. 4. Submittal of Hearing Notices to the Department of Natural Resources (DNR). The Zoning Administrator must submit hearing notices for proposed conditional uses to the DNR sufficiently in advance to provide at least ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. 5. Submittal of Final Decisions to the DNR. A copy of all decisions granting conditional uses must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. Subd. 11. Nonconformities. A. Continuance of Nonconformities. A use, structure, or occupancy of land which was lawful before the passage or amendment of this ordinance but which is not in conformity with the provisions of this ordinance may be continued subject to the following conditions. Historic structures, as defined in Section 1020.020, Definitions, Floodplain Related ( "Substantial Improvement "), are subject to the provisions of Subd. A. 1- Subd. A. 6 of this ordinance. A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged, or altered in a way that increases its flood damage potential or degree of obstruction to flood flows except as provided in Subd. 11. A. 2 below. Expansion or enlargement of uses, structures or occupancies within the Floodway District is prohibited. Page 22 of 30 City of Corcoran County of Hennepin State of Minnesota August xx, 2016 ORDINANCE NO. 2016 -XXX 2. Any addition or structural alteration to a nonconforming structure or nonconforming use that would result in increasing its flood damage potential must be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FP1 thru FP4 floodproofing classifications) allowable in the State Building Code, except as further restricted in Subd. 11. A. 3 and Subd. 11. A. 7 below. 3. If the cost of all previous and proposed alterations and additions exceeds 50 percent of the market value of any nonconforming structure, that shall be considered substantial improvement, and the entire structure must meet the standards of Subd. 4 or 5 of this ordinance for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. The cost of all structural alterations and additions must include all costs such as construction materials and a reasonable cost placed on all manpower or labor. 4. If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one year, any future use of the premises must conform to this ordinance. The Assessor must notify the Zoning Administrator in writing of instances of nonconformities that have been discontinued for a period of more than one year. 5. If any nonconformity is substantially damaged, as defined in Section 1020.020 of this ordinance, it may not be reconstructed except in conformity with the provisions of this ordinance. The applicable provisions for establishing new uses or new structures in Subd. 4 or 5 will apply depending upon whether the use or structure is in the Floodway or Flood Fringe, respectively. 6. If any nonconforming use or structure experiences a repetitive loss, as defined in Section 1020.020 of this ordinance, it must not be reconstructed except in conformity with the provisions of this ordinance. 7. Any substantial improvement, as defined in Section 1020.020 of this ordinance, to a nonconforming structure requires that the existing structure and any additions must meet the requirements of Subd. 4 or 5 of this ordinance for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District. Page 23 of 30 City of Corcoran County of Hennepin August xx, 2016 State of Minnesota ORDINANCE NO. 2016 -XXX Subd. 12. Penalties and Enforcement A. Violation Constitutes a Misdemeanor: Violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) constitute a misdemeanor and will be punishable as defined by law. B. Other Lawful Action: Nothing in this ordinance restricts the City of Corcoran from taking such other lawful action as is necessary to prevent or remedy any violation. If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses will constitute an additional violation of this ordinance and will be prosecuted accordingly. C. Enforcement: Violations of the provisions of this ordinance will be investigated and resolved in accordance with the provisions of Section 1080 of the Zoning Ordinance. In responding to a suspected ordinance violation, the Zoning Administrator and City Council may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after - the -fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The City of Corcoran must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. Subd.13. Amendments A. Floodplain Designation - Restrictions on Removal: The floodplain designation on the Official Zoning Map must not be removed from floodplain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the Commissioner of the Department of Natural Resources (DNR) if the Commissioner determines that, through other measures, lands are adequately protected for the intended use. B. Amendments Require DNR Approval: All amendments to this ordinance must be submitted to and approved by the Commissioner of the Department of Natural Resources (DNR) prior to adoption. The Page 24 of 30 City of Corcoran County of Hennepin State of Minnesota August xx, 2016 ORDINANCE NO. 2016 -XXX Commissioner must approve the amendment prior to community approval. C. Map Revisions Require Ordinance Amendments. The floodplain district regulations must be amended to incorporate any revisions by the Federal Emergency Management Agency to the floodplain maps adopted in Subd. 2. C of this ordinance. SECTION 2. Amendments. The text of Section 1020.020 — Definitions of the Corcoran City Code is hereby amended by revising the Floodplain Related definitions, deleting the StriGken material and adding the underlined material as follows: BASE FLOOD ELEVATION: the elevation of the "regional flood." The term "base flood elevation" is used in the flood insurance survey. BASEMENT: means any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level. CRITICAL FACILITIES: facilities necessary to a community's public health and safety, those that store or produce highly volatile, toxic or water - reactive materials, and those that house occupants that may be insufficiently mobile to avoid loss of life or injury. Examples of critical facilities include hospitals, correctional facilities, schools, daycare facilities, nursing homes, fire and police stations, wastewater treatment facilities, public electric utilities, water plants, fuel storage facilities, and waste handling and storage facilities. DEVELOPMENT: any manmade change to improved or unimproved real estate, including buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. Page 25 of 30 City of Corcoran County of Hennepin August xx, 2016 State of Minnesota ORDINANCE NO. 2016 -XXX EQUAL DEGREE OF ENCROACHMENT: a method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. FARM FENCE: A fence as defined by Minn. Statutes Section 344.02, Subd. 1(a) -(d). An open type fence of posts and wire is not considered to be a structure under this ordinance. Fences that have the potential to obstruct flood flows, such as chain link fences and rigid walls, are regulated as structures under this ordinance. FLOOD: a temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. FLOOD FREQUENCY: the frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded. FLOOD FRINGE: the portion of the flood plain Special Flood Hazard Area (one percent annual chance flood) located outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study for Hennepin County Minnesota. FLOOD PRONE AREA: any land susceptible to being inundated by water from an source (see "Flood" FLOODPLAIN: the beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. FLOODPROOFING: a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. FLOODWAY: the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge. LOWEST FLOOR: the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor: provided, that such enclosure is not built so as to render the structure in violation of the applicable non - elevation design requirements of 44 Code of Federal Regulations, Part 60.3. Page 26 of 30 City of Corcoran County of Hennepin August xx, 2016 State of Minnesota ORDINANCE NO. 2016 -XXX is built on a permanent chassis and is designed foF use Nvith oF without a peFmanen foundation when attached to the Fequir-ed utilities. The teFm "manufactured hofflee!� NEW CONSTRUCTION: Structures, including additions and improvements. and ,placement of manufactured homes, for which the start of construction commenced on or after the effective date of this ordinance. OBSTRUCTION: any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory floodplain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. PRINCIPAL USE OR STRUCTURE: means all uses or structures that are not accessory uses or structures. ONE HUNDRED YEAR FLOODPLAIN: lands inundated by the "Regional Flood" (see definition). REACH: a hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man -made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. I , ,.� PAN 1 REGIONAL FLOOD: a flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 1% chance or 100 -year recurrence interval. Regional flood is synonymous with the term "base flood" used in a flood insurance study. Page 27 of 30 City of Corcoran County of Hennepin August xx, 2016 State of Minnesota ORDINANCE NO. 2016 -XXX REGULATORY FLOOD PROTECTION ELEVATION RFPE : an elevation not less than two feet above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway. REPETITIVE LOSS: flood related damages sustained by a structure on two separate occasions during a ten year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds 25% of the market value of the structure before the damage occurred. SPECIAL FLOOD HAZARD AREA: a term used for flood insurance purposes synonymous with "One Hundred Year Floodplain." START OF CONSTRUCTION: includes substantial improvement, and means the actual start of construction, repair, reconstruction, rehabilitation, addition. placement or other improvement that occurred before the permit's expiration date. The actual start is either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles. the construction of columns, or any work beyond the stage of excavation: or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling: nor does it include the installation of streets and /or walkways: nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms: nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. SUBSTANTIAL DAMAGE: means damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT: within any consecutive 365 -day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which Page 28 of 30 City of Corcoran County of Hennepin August xx, 2016 State of Minnesota ORDINANCE NO. 2016 -XXX equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: 1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. 2. Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure." For the purpose of this ordinance, "historic structure" is as defined in 44 Code of Federal Regulations, Part 59.1. �-saz SECTION 3. Amendments. The text of Section 1020.020— Definitions of the Corcoran City Code is hereby amended by revising the definitions of the following terms, deleting the StFmGkeR material and adding the underlined material as follows: MANUFACTURED HOME: Any ,,,-,n„factuFe housing „nit designed fnr tFanspOFtation On StFeet and highways on its own wheels oF on flatbed oF othe.F incidental unpacking and assembly opeFations, location onvjaeks or- per-manen formations, connection to utilities and the lik a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include the term "recreational vehicle." RECREATIONAL VEHICLE: a vehicle that is built on a sinL-le chassis. is 400 sauare feet or less when measured at the largest horizontal projection, is designed to be self - propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of this ordinance, the term recreational vehicle is svnonvmous with the term "travel trailer /travel vehicle. Page 29 of 30 City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2016 -XXX August xx, 2016 STRUCTURE: Anything which is built, constructed or erected on the ground or attached to the ground or on -site utilities; an edifice or building of any kind; or any piece of work artificially build up and /or composed of parts joined together in some definite manner whether temporary or permanent in character. Among other things, structures include but are not limited to buildings, factories, sheds, detached garages, cabins, manufactured homes, gazebos, decks, retaining walls, walls, fences six (6) foot in height and swimming pools, -but excluding patios and similar at- grade improvements, fences less than six (61 feet in height which do not have the potential to obstruct flood flows, and recreational vehicles that meet the exemption criteria of Section 1050.030 Subd. 9.1). of this ordinance. Effective Date. This Ordinance shall be in full force and effect upon its approval by the Minnesota Department of Natural Resources, publication and passage. VOTING AYE ❑ Guenthner, Ken ❑ Keefe, Mike ❑ LaFave,Tonya ❑ Hank, Pat ❑ Thomas, Ron VOTING NAY ❑ Guenthner, Ken ❑ Keefe, Mike ❑ LaFave,Tonya ❑ Hank, Pat ❑ Thomas, Ron Whereupon, said Ordinance is hereby declared adopted on this xx day of August 2016. Kenneth Guenthner - Mayor ATTEST: City Seal Jessica Beise— City Clerk /Administrative Services Coordinator Page 30 of 30 City of Corcoran County of Hennepin State of Minnesota RESOLUTION NO. 2016 -XXX Motion By: Seconded By: August xx, 2016 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 legislature of the State of Minnesota has, in Minnesota Statutes Chapter 103F and Chapter 462 delegated the responsibility to local government units to adopt regulations designed to minimize flood losses; and WHEREAS, the Floodway Overlay District regulates development in the flood hazard areas of the City of Corcoran as determined by FEMA (Federal Emergency Management Agency); and WHEREAS, the City of Corcoran initiated an amendment to update the Zoning Ordinance requirements for the Floodplain Overlay District and the related definitions in order to comply with FEMA requirements; and WHEREAS, these flood hazard areas are subject to periodic inundation, which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base; and WHEREAS, it is the purpose of this ordinance to promote the public health, safety, and general welfare by minimizing these losses and disruptions; and WHEREAS, this ordinance is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59 -78, as amended, so as to maintain the community's eligibility in the National Flood Insurance Program; and WHEREAS, this ordinance is also intended to preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development. WHEREAS, the Planning Commission has reviewed the proposed amendments to the Zoning Ordinance 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 amendment based upon the finding that the proposed amendments would be consistent with State law, City policies and the City's Comprehensive Plan, and compatible with other provisions of the City Code; and Page 1 of 2 City of Corcoran August xx, 2016 County of Hennepin State of Minnesota RESOLUTION NO. 2016 -XXX BE IT FURTHER RESOLVED, that the amendment is adopted contingent upon approval by the Minnesota Department of Natural Resources. VOTING AYE ❑ Guenthner, Ken ❑ Keefe, Mike ❑ LaFave,Tonya ❑ Hank, Pat ❑ Thomas, Ron VOTING NAY ❑ Guenthner, Ken ❑ Keefe, Mike ❑ LaFave,Tonya ❑ Hank, Pat ❑ Thomas, Ron Whereupon, said Resolution is hereby declared adopted on this xx day of August, 2016. 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' '• i♦� '� (,' ►II riiiii �: ieiii iii i � +e f ... � � ,. - '- .1• ► . Vii_ ...lA+ .. 1 1 �♦♦ .. . ♦ O 'oii ♦♦ ♦♦ ♦♦♦i t♦� 1 ♦i ♦i ♦. ♦i, .!i!. ►i ♦♦ r! -:� ►�` - • , . 1: _ - - . t,♦c 1♦♦ `' :c!♦ ,, i ♦i'►♦i ♦_��i♦O ♦i ��,� ►i ♦s ♦i♦i� i�i�''i ♦i" •i ' 1 _ r.. y t ' xis';° 1, / ► ♦ ♦� ♦�. ♦� ♦♦ ® ♦e ♦ ♦ ♦� ♦ ♦♦♦ ♦ ♦►� m 4_1; wr'ft ���'�'e` ♦► ►�i`�♦� ►j ♦j a� 1 ' 1 y,, . e � �:♦oi ♦i ♦i ♦i� t���eei ♦i ♦i ♦i♦ ♦i ♦i ♦i♦i ♦i ♦i ♦i ♦i'� ♦i ♦0i♦ v�. :► 1. „ 55 �.�. �� ♦ - ♦�. -� ♦�.�.�. �!.11.�►sl�♦w♦�' l.�.l.�.l.�.11.�.���.1.� �.lillil.,�':rl�!' ®°yip . 1 . 1 , 11 Agenda Item: 7.f. 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: Kathleen Hammer through Kendra Lindahl, Landform DATE: July 26, 2016 for the August 4, 2016 City Council Meeting • Tel: 612 - 252 -9070 Fax: 612 - 252 -9077 www.landform.net RE: Public Hearing. Temporary Family Health Care Dwellings (City File 16 -021) 60 -DAY REVIEW DEADLINE: N/A 1. Request Consider a city- initiated amendment to the Zoning Ordinance (Chapter 10 of the Corcoran City Code) to opt out of the requirements of Minnesota Statutes §462.3593. 2. Background At its June 14th meeting, the City Council authorized staff to schedule a public hearing to amend the Zoning Ordinance to opt out of the requirements of Minnesota Statute §462.3593, which regulates Temporary Family Health Care Dwellings. We have conferred with the City Attorney and we recommend that the City opt -out of the legislation at this time. While the City may wish to consider allowing these types of structures in the future, the legislation does not allow adequate time for a thorough analysis for the issues prior to the September 1 St deadline. If the City does not opt out by September 1St, the City will be required to allow temporary dwellings and be prepared to accept applications, have a determined permit fee amount (if different than the law's default amount), and must be ready to process the permits in accordance with the short timeline required by the law. The City would be required to amend the Zoning Ordinance to opt out of the requirements. 3. Draft Ordinance Staff recommends that Section 1030.040 of the Zoning Ordinance be amended. The amendment allows the City of Corcoran to opt out of temporary family health care dwelling requirements. The proposed language is as follows (deleting the eR material and adding the underlined material): 1030.040 — Temporary Structures Subd. 1. Opt Out of M.S. § 462.3593. Pursuant to authority granted by M.S. 462.3593, subd. 9, the City of Corcoran opts out of the requirements of M.S. 462.3593, which defines and regulates Temporary Family Health Care Dwellings. Subd. 2Subd. 1. Temporary Structures (including manufactured homes on a temporary basis) shall only be permitted as provided below: LandfoW, SensiblyG, e O and Site to Finish® are registered service marks of Landform Professional Services, LLC. i • 4. Requested Action Staff recommends that the Planning Commission recommend approval of the following: a. Draft ordinance amending Section 1030.040 of the Zoning Ordinance b. Draft resolution approving Findings of Fact Attachments a. Draft ordinance amending the Zoning Ordinance b. Draft resolution approving Findings of Fact c. League of Minnesota Cities Memo d. Star Tribune Article dated July 5, 2016 Temporary Family Health Care Dwellings July 26, 2016 for August 4, 2016 Planning Commission Meeting • City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2016 -XXX Motion By: Seconded By: August xx, 2016 AN ORDINANCE AMENDING THE TEXT OF SECTION 1030.040 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 1030.040 of Chapter 10 (Zoning Ordinance) of the Corcoran City Code is hereby amended by deleting the striEken material and adding the underlined material as follows: 1030.040 — Temporary Structures Subd. 1. Opt Out of M.S. � 462.3593. Pursuant to authority granted by M.S. 462.3593, subd. 9 the City of Corcoran opts out of the requirements of M.S. $ 462.3593, which defines and regulates Temporary Family Health Care Dwellings. Subd. 2Subd. 1. Temporary Structures (including manufactured homes on a temporary basis) shall only be permitted as provided below: A. Reconstruction. During the reconstruction of a home that has been damaged or destroyed and is uninhabitable, the City Council may grant a permit for a period not to exceed one year for a temporary structure in any zoning district. B. The City Council may grant an Interim Use Permit with stipulated time limitations for the temporary utilization of manufactured homes or other temporary structures as living quarters when a special hardship is found to exist. Such hardship shall be generally a result of age or a physical handicap of a blood relative. The following conditions shall apply in such situations: 1. Any person requiring such temporary habitation shall make application to the City Council for an Interim Use Permit. The request shall state the location, type of structure, length of time the structure will be used, and the reason for the need of such structure. 2. The Building Official shall review each proposal and report his findings and recommendations to the Council. 3. If the City finds that the public health, safety, morals and general welfare will not be impaired and will not be affected adversely, it may grant a temporary habitation, provided that the person so applying shall enter into a written agreement with the City as to when such occupation is to cease. No permit for temporary habitation shall be granted for a period longer than one year, and the City may revoke such permit upon 90 days written notice if and when it finds: a. That the public health, safety, morals or general welfare are being impaired by such habitation. Page 1 of 3 City of Corcoran August xx, 2016 County of Hennepin State of Minnesota ORDINANCE NO. 2016 -XXX b. That the continued existence of such habitation conflicts with the City's Comprehensive Plan. c. The temporary habitation structure has been abandoned or put to any use other than that stated in the application as the reason for the need of such habitation. d. That the value of public or private property is being affected adversely thereby. 4. Extensions of such permits may be obtained only by reapplying to the City for an Interim Use Permit amendment. 5. The sanitary sewer and water supply serving temporary habitation shall comply with all applicable rules, regulations and standards of the State Board of Health and of the County of Hennepin. 6. Any material used to insulate around the exterior of or underneath such temporary habitation shall be noncombustible and nontoxic. C. The City Council may also grant an Interim Use Permit with stipulated time limitations for any other temporary structures without a determination of hardship provided these temporary structures are not used for habitation. The following conditions shall apply in such situations: 1. Any person desiring a temporary structure shall make application to the City Council for an Interim Use Permit. The request shall state the location, type of structure, length of time the structure will be used, and the reason for the need of such structure. 2. The Building Official shall review each proposal and report his findings and recommendations to the Council. 3. If the City finds that the public health, safety, morals and general welfare will not be impaired and will not be affected adversely, it may grant an Interim Use Permit, provided that the person so applying shall enter into a written agreement with the City as to when such use is to cease. 4. No permit for temporary structures (except as provided for in Subsections A and B above) shall be granted for a period longer than one year, and the City may revoke such permit upon 90 days written notice if and when it finds: a. That the public health, safety, morals or general welfare are being impaired by such temporary structure. b. That the continued existence of such use conflicts with the City's Comprehensive Plan. c. The temporary structure has been abandoned or put to any use other than that stated in the application as the reason for the need of such use. d. That the value of public or private property is being affected adversely thereby. Page 2 of 3 City of Corcoran August xx, 2016 County of Hennepin State of Minnesota ORDINANCE NO. 2016 -XXX e. The provisions of this Section, in no way limit the City's ability to immediately order the removal of any temporary structure determined to be a significant threat to public health and safety. SECTION 2. Effective Date. This ordinance shall be in full force and effect upon its passage. VOTING AYE ❑ Guenthner, Ken ❑ Hank, Pat ❑ Keefe, Mike ❑ LaFave,Tonya ❑ Thomas, Ron VOTING NAY ❑ Guenthner, Ken ❑ Hank, Pat ❑ Keefe, Mike ❑ LaFave,Tonya ❑ Thomas, Ron Whereupon, said Ordinance is hereby declared adopted on this XXt" day of August 2016. Kenneth Guenthner - Mayor ATTEST: City Seal Jessica Beise — City Clerk /Administrative Services Coordinator Page 3 of 3 City of Corcoran County of Hennepin State of Minnesota RESOLUTION NO. 2016 -XXX Motion By: Seconded By: August xx, 2016 A RESOLUTION APPROVING FINDINGS OF FACT FOR AN ORDINANCE AMENDING THE TEXT OF SECTION 1030.040 OF CHAPTER 10 OF THE CORCORAN CITY CODE, OPTING - OUT OF THE REQUIREMENTS OF MINNESOTA STATUTES, SECTION 462.3593 WHEREAS, on May 12, 2016, Governor Dayton signed into law the creation and regulation of temporary family health care dwellings, codified at Minn. Stat. § 462.3593, which permit and regulate temporary family health care dwellings; WHEREAS, subdivision 9 of Minn. Stat. §462.3593 allows cities to "opt out' of those regulations; WHEREAS, the City of Corcoran provides standards for temporary structures; WHEREAS, the Stat. § 462.3593 legislation does not allow adequate time for a thorough analysis of the issues prior to the September 1 It deadline; 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 to add Section 1030.040, based upon the following findings: 1. The timeline granted by the statute does not allow adequate time for the City to fully evaluate the impact of the proposed changes. 2. The City currently allows temporary housing options through other methods. 3. The statutory language is in conflict with a number of existing Corcoran ordinances. 4. The logistics of permitting, regulating and expiration of temporary family healthcare dwellings in Corcoran would be burdensome to establish and enforce. 5. The temporary family health care dwellings could have a potential negative visual impact on surrounding properties. 6. The majority of the existing homes in Corcoran have sufficient square footage and bedroom space to accommodate temporary family health care in the principal structure. Page 1 of 2 City of Corcoran County of Hennepin State of Minnesota RESOLUTION NO. 2016 -XXX VOTING AYE VOTING NAY ❑ Guenthner, Ken ❑ Guenthner, Ken ❑ Hank, Pat ❑ Hank, Pat ❑ Keefe, Mike ❑ Keefe, Mike ❑ LaFave,Tonya ❑ LaFave,Tonya ❑ Thomas, Ron ❑ Thomas, Ron August xx, 2016 Whereupon, said Resolution is hereby declared adopted on this XXth day of August 2016. ATTEST: Jeanie Heinecke — City Clerk Ken Guenthner - Mayor Page 2 of 2 City Seal roLEAGUE of CONNECTING &. INNOVATING MINNESOTA SINCE 1913 CITIES Temporary Family Health Care Dwellings of 2016 Allowing Temporary Structures — What it means for Cities Introduction: On May 12, 2016, Governor Dayton signed, into law, a bill creating a new process for landowners to place mobile residential dwellings on their property to serve as a temporary family health care dwelling.' Community desire to provide transitional housing for those with mental or physical impairments and the increased need for short term care for aging family members served as the catalysts behind the legislature taking on this initiative. The resulting legislation sets forth a short term care alternative for a "mentally or physically impaired person ", by allowing them to stay in a "temporary dwelling" on a relative's or caregiver's property.2 Where can I read the new law? Until the state statutes are revised to include bills passed this session, cities can find this new bill at 2016 Laws, Chapter 111. Does the law require cities to follow and implement the new temporary family health care dwelling law? Yes, unless a city opts out of the new law or currently allows temporary family health care dwellings as a permitted use. Considerations for cities regarding the opt -out? These new temporary dwellings address an emerging community need to provide more convenient temporary care. Cities may want to consider the below when analyzing whether or not to opt out: • The new law alters a city's level of zoning authority for these types of structures. • While the city's zoning ordinances for accessories or recreational vehicles do not apply, these structures still must comply with setback requirements. • A city's zoning and other ordinances, other than its accessory use or recreational vehicle ordinances, still apply to these structures. Because conflicts may arise between the statute and a city's local ordinances, cities should confer with their city attorneys to analyze their current ordinances in light of the new law. • Although not necessarily a legal issue for the city, it seems worth mentioning that the permit process does not have the individual with the physical or mental impairment or that ' 2016 Laws, Chapter 111. 2 Some cities asked if other states have adopted this type of law. The only states that have a somewhat similar statute at the time of publication of this FAQ are North Carolina and Virginia. It is worth noting that some states have adopted Accessory Dwelling Unit (ADU) statutes to allow granny flats, however, these ADU statutes differ from Minnesota's Temporary Health Care Dwelling law. 145 UNIVERSITY AVE. WEST PHONE: (651) 281-1200 FAX: (651) 281 -1299 ST. PAUL, MN 55103 -2044 TOLL FREE: (800) 925 -1122 WEB: wwwLMCORG Temporary Family HealthCare Dwellings June 9, 2016 Page 2 individual's power of attorney sign the permit application or a consent to release his or her data. • The application's data requirements may result in the city possessing and maintaining nonpublic data governed by the Minnesota Government Data Practices Act. • The new law sets forth a permitting system for both cities and counties3. Cities should consider whether there is an interplay between these two statutes. Do cities need to do anything to have the new law apply in their city? No, the law goes into effect September 1, 2016 and automatically applies to all cities that do not opt out or don't already allow temporary family health care dwellings as a permitted use under their local ordinances. By September 1, 2016, however, cities will need to be prepared to accept applications, must have determined a permit fee amount4 (if the city wants to have an amount different than the law's default amount), and must be ready to process the permits in accordance with the short timeline required by the law. What if a city already allows a temporary family health care dwelling as a permitted use? If the city already has designated temporary family health care dwellings as a permitted use, then the law does not apply and the city follows its own ordinance. The city should consult its city attorney for any uncertainty about whether structures currently permitted under existing ordinances qualify as temporary family health care dwellings. What process should the city follow if it chooses to opt out of this statute? Cities that wish to opt out of this law must pass an ordinance to do so. The statute does not provide clear guidance on how to treat this opt -out ordinance. However, since the new law adds section 462.3593 to the land use planning act (Minn. Stat. ch. 462), arguably, it may represent the adoption or an amendment of a zoning ordinance, triggering the requirements of Minn. Stat. § 462.357, subd. 2 -4, including a public hearing with 10 -day published notice. Therefore, cities may want to err on the side of caution and treat the opt -out ordinance as a zoning provision.5 Does the League have a model ordinance for opting out of this program? Yes. Link to opt out ordinance here: Temporary Family Health Care Dwellings Ordinance Can cities partially opt out of the temporary family health care dwelling law? 3 See Minn. Stat. §394.307 4 Cities do have flexibility as to amounts of the permit fee. The law sets, as a default, a fee of $100 for the initial permit with a $50 renewal fee, but authorizes a city to provide otherwise by ordinance. 5 For smaller communities without zoning at all, those cities still need to adopt an opt -out ordinance. In those instances, it seems less likely that the opt -out ordinance would equate to zoning. Because of the ambiguity of the statute, cities should consult their city attorneys on how best to approach adoption of the opt -out ordinance for their communities. Temporary Family HealthCare Dwellings June 9, 2016 Page 3 Not likely. The opt -out language of the statute allows a city, by ordinance, to opt out of the requirements of the law but makes no reference to opting out of parts of the law. If a city wanted a program different from the one specified in statute, the most conservative approach would be to opt out of the statute, then adopt an ordinance structured in the manner best suited to the city. Since the law does not explicitly provide for a partial opt out, cites wanting to just partially opt out from the statute should consult their city attorney. Can a city adopt pieces of this program or change the requirements listed in the statute? Similar to the answer about partially opting out, the law does not specifically authorize a city to alter the statutory requirements or adopt only just pieces of the statute. Several cities have asked if they could add additional criteria, like regulating placement on driveways, specific lot size limits, or anchoring requirements. As mentioned above, if a city wants a program different from the one specified in the statute, the most conservative approach would involve opting out of the statute in its entirety and then adopting an ordinance structured in the manner best suited to the city. Again, a city should consult its city attorney when considering adopting an altered version of the state law. What is required in an application for a temporary family health care dwelling permit? The mandatory application requests very specific information including, but not limited to:6 • Name, address, and telephone number of the property owner, the resident of the property (if different than the owner), and the primary care giver; • Name of the mentally or physically impaired person; • Proof of care from a provider network, including respite care, primary care or remote monitoring; • Written certification signed by a Minnesota licensed physician, physician assistant or advanced practice registered nurse that the individual with the mental or physical impairment needs assistance performing two or more "instrumental activities of daily life;" • An executed contract for septic sewer management or other proof of adequate septic sewer management; • An affidavit that the applicant provided notice to adjacent property owners and residents; • A general site map showing the location of the temporary dwelling and the other structures on the lot; and • Compliance with setbacks and maximum floor area requirements of primary structure. 6 New Minn. Stat. § 462.3593, subd. 3 sets forth all the application criteria. 7 This is a term defined in law at Minn. Stat. § 256B.0659, subd. 1(i) as "activities to include meal planning and preparation; basic assistance with paying bills; shopping for food, clothing, and other essential items; performing household tasks integral to the personal care assistance services; communication by telephone and other media; and traveling, including to medical appointments and to participate in the community." Temporary Family HealthCare Dwellings June 9, 2016 Page 4 The law requires all of the following to sign the application: the primary caregiver, the owner of the property (on which the temporary dwelling will be located) and the resident of the property (if not the same as the property owner). However, neither the physically disabled or mentally impaired individual nor his or her power of attorney signs the application. Who can host a temporary family health care dwelling? Placement of a temporary family health care dwelling can only be on the property where a "caregiver" or "relative" resides. The statute defines caregiver as "an individual, 18 years of age or older, who: (1) provides care for a mentally or physically impaired person; and (2) is a relative, legal guardian, or health care agent of the mentally or physically impaired person for whom the individual is caring." The definition of "relative" includes "a spouse, parent, grandparent, child, grandchild, sibling, uncle, aunt, nephew or niece of the mentally or physically impaired person. Relative also includes half, step and in -law relationships." Is this program just for the elderly? No. The legislature did not include an age requirement for the mentally or physically impaired dweller. 8 Who can live in a temporary family health care dwelling and for how long? The permit for a temporary health care dwelling must name the person eligible to reside in the unit. The law requires the person residing in the dwelling to qualify as "mentally or physically impaired," defined as "a person who is a resident of this state and who requires assistance with two or more instrumental activities of daily living as certified by a physician, a physician assistant, or an advanced practice registered nurse, licenses to practice in this state." The law specifically limits the time frame for these temporary dwellings permits to 6 months, with a one -time 6 month renewal option. Further, there can be only one dwelling per lot and only one dweller who resides within the temporary dwelling What structures qualify as temporary family health care dwellings under the new law? The specific structural requirements set forth in the law preclude using pop up campers on the driveway or the "granny flat" with its own foundation as a temporary structure. Qualifying temporary structures must: • Primarily be pre - assembled; • Cannot exceed 300 gross square feet; • Cannot attach to a permanent foundation; • Must be universally designed and meet state accessibility standards; 8 The law expressly exempts a temporary family health care dwelling from being considered "housing with services establishment', which, in turn, results in the 55 or older age restriction set forth for "housing with services establishment' not applying. Temporary Family HealthCare Dwellings June 9, 2016 Page 5 • Must provide access to water and electrical utilities (by connecting to principal dwelling or by other comparable means); • Must have compatible standard residential construction exterior materials; • Must have minimum insulation of R -15; • Must be portable (as defined by statute); • Must comply with Minnesota Rules chapter 1360 (prefabricated buildings) or 1361 (industrialized/modular buildings), "and contain an Industrialized Buildings Commission seal and data plate or to American National Standards Institute Code 119.2" 10; and • Must contain a backflow check valve." Does the State Building Code apply to the construction of a temporary family health care dwelling? Mostly, no. These structures must meet accessibility standards (which are in the State Building Code). The primary types of dwellings proposed fall within the classification of recreational vehicles, to which the State Building Code does not apply. Two other options exist, however, for these types of dwellings. If these structures represent a pre- fabricated home, the federal building code requirements for manufactured homes apply (as stated in Minnesota Rules, Chapter 1360). If these structures are modular homes, on the other hand, they must be constructed consistent with the State Building Code (as stated in Minnesota Rules, Chapter 1361). What health, safety and welfare requirements does this new law include? Aside from the construction requirements of the unit, the temporary family health care dwelling must be located in an area on the property where "septic services and emergency vehicles can gain access to the temporary family health care dwelling in a safe and timely manner." What local ordinances and zoning apply to a temporary health care dwelling? The new law states that ordinances related to accessory uses and recreational vehicle storage and parking do not apply to these temporary family health care dwellings. However, unless otherwise provided, setbacks and other local ordinances, charter provisions, and applicable state laws still apply. Because conflicts may arise between the statute and one or more of the city's other local ordinances, cities should confer with their city attorneys to analyze their current ordinances in light of the new law. What permit process should cities follow for these permits? The law creates a new type of expedited permit process. The permit approval process found in Minn. Stat. § 15.99 generally applies; however, the new law shortens the time frame for which the local governmental unit has to make a decision on granting the permit. Due to the time sensitive 9 The Legislature did not provide guidance on what represents "other comparable means ". 10 ANSI Code 119.2 has been superseded by NFPA 1192. For more information, the American National Standards Institute website is located at https: / /www.ansi.org/. 11 New Minn. Stat. § 462.3593, subd. 2 sets forth all the structure criteria. Temporary Family HealthCare Dwellings June 9, 2016 Page 6 nature of issuing a temporary dwelling permit, the city has only 15 days (rather than 60 days) (no extension is allowed) to either issue or deny a permit. The new law waives the public hearing requirement and allows the clock to restart if a city deems an application incomplete. If a city deems an application incomplete, the city must provide the applicant written notice, within five business days of receipt of the application, telling the requester what information is missing. For those councils that regularly meet only once a month, the law provides for a 30 -day decision. Can cities collect fees for these permits? Cities have flexibility as to amounts of the permit fee. The law sets the fee at $100 for the initial permit with a $50 renewal fee, unless a city provides otherwise by ordinance Can cities inspect, enforce and ultimately revoke these permits? Yes, but only if the permit holder violates the requirements of the law. The statute allows for the city to require the permit holder to provide evidence of compliance and also authorizes the city to inspect the temporary dwelling at times convenient to the caregiver to determine compliance. The permit holder then has sixty (60) days from the date of revocation to remove the temporary family health care dwelling. The law does not address appeals of a revocation. How should cities handle data it acquires from these permits? The application data may result in the city possessing and maintaining nonpublic data governed by the Minnesota Government Data Practices Act. To minimize collection of protected heath data or other nonpublic data, the city could, for example, request that the required certification of need simply state "that the person who will reside in the temporary family health care dwelling needs assistance with two or more instrumental activities of daily living ", without including in that certification data or information about the specific reasons for the assistance, the types of assistance, the medical conditions or the treatment plans of the person with the mental illness or physical disability. Because of the complexities surrounding nonpublic data, cities should consult their city attorneys when drafting a permit application. Should the city consult its city attorney? Yes. As with any new law, to determine the potential impact on cities, the League recommends consulting with your city attorney. Where can cities get additional information or ask other questions. For more information, contact Staff Attorney Pamela Whitmore at pwhitmoreklmc.org or LMC General Counsel Tom Grundhoefer at tgrundhoklmc.org. If you prefer calling, you can reach Pamela at 651.281.1224 or Tom at 651.281.1266. 7/612016 Twin Cities suburbs opt to go their own way on tiny'drop homes' - StarTribune.com LOCAL Suburbs opt to go their own way on state's 'drop home' law Facing a new state requirement to allow tiny trailers on residential lots, many cities are saying no. By Erin Adler ( http: / /www.startribune .com /erin- adier/195633361/) and Emma Nelson (http: / /www.startribune .com /emma - nelson /261800211/) Star Tribune staff writers JULY 5, 2016 — 8:41AM Metro suburbs are bypassing a new state law that would require them to allow tiny, portable houses on residential properties, saying the state mandate doesn't work for them. The statute is intended to provide access to temporary "drop homes" for people — mostly older adults — with health care needs that require them to be close to a caregiver. But worries about resident complaints, conflicts with local zoning ordinances and timing concerns have spurred cities to opt out of the law. Some say they already have the resources they need to meet the needs of aging residents, while others want to pass their own laws allowing temporary structures tailored to their city. The League of Minnesota Cities fought for an opt -out provision in the statute so local governments could still have control over their own zoning. Bill sponsor Rep. Roz Peterson, R- Lakeville, struggled to find a place for her elderly father to live when he got sick two years ago. It's disappointing that cities are opting out, she said, but she acknowledged that the law isn't one - size - fits -all. "It's always difficult to accept change and innovation," Peterson said. "This won't solve everybody's problem — this is one tool in the toolbox, so to speak." Drop homes, sometimes called granny pods, are trailers under 300 square feet that are billed as an affordable and temporary alternative to sending sick, injured or elderly family members to a nursing home. The new law was based on similar, but less restrictive, laws in North Carolina and Virginia. In Minnesota, the law allows homeowners to have a drop home on their property for six months by paying for a $100 permit, unless their city has a specific ordinance against the homes. The Burnsville City Council voted unanimously on June 21 to opt out. Drop homes don't meet city codes, said Mayor Elizabeth Kautz, and the city already has temporary housing options. Those options include spare bedrooms, apartments, assisted living facilities, short-term health care facilities, hotels and group homes, according to a meeting agenda report. "It's not that we don't have it," Kautz said. "We want control of what happens here in Burnsville." Some cities want to allow accessory dwelling units but are choosing to do so on their own terms. The Crystal City Council will likely vote to opt out at its next meeting, said Council Member Jeff Kolb. The decision stems largely from the nature of residential properties in Crystal, many of which may be too small to qualify for drop homes under the statute, he said. The City Council will try to pass an ordinance in the future that allows for accessory units that are better tailored to the city, Kolb said. "There was a concern that it would be perceived that by opting out, we were saying we don't want this kind of thing around here, that it was kind of a cold - hearted decision," he said. "The reality is it's not that at all." (http://stmedia.startdbune.com/images/1467684122 08+678634 ELIZABETH FLORES, STAR TRIBUNE John Louiselle, left, and Jesse Lammi are a pair of young New Brighton entrepreneurs that have started NextDoor Housing, a company... http: / /www.startribune.com/ suburbs - opt - to-go-their- own - way -on- state -s- drop- home- Iaw/385496261/ 1/2 7/612016 Twin Cities suburbs opt to go their own way on tiny'drop homes' - StarTribune.com In Lakeville, the City Council agreed to opt out last week but also sent the issue to city staff for further review. There were multiple concerns, said Mayor Matt Little, including aesthetics, property values and the difficulty city staff would face in having to make judgments about residents' illnesses. "Every single city in this country is going to need to figure out a way to start taking care of our seniors," Little said. "There's just a lot of issues we need to ... make fair and clear. Meanwhile, city staff in Woodbury are recommending that city officials vote to opt out in order to have more time to figure out what local needs are, said Jason Egerstrom, Woodbury's spokesman. Under the statute, cities have until Sept. l to opt out. John Louiselle, co -owner of NextDoor Housing, a New Brighton -based drop home company that helped craft the law, said he doesn't mind if cities choose a different direction. "What's worrisome to us is when we see cities opting out and offering no alternative solution," he said. Peterson said she would like to see cities try out the statute and see how it works. The biggest challenge, she said, is that people aren't familiar with the drop home idea. "This is new — nobody's really done this before," she said. "Let's have a conversation with the community before we just choose to abandon the idea." Erin Adler • 612- 673 -1781 Erin.Adler @startribune.com 612- 673 -1781 emma.nelson @startribune.com 612 - 673 -4509 emmamarienelson http: / /www.startribune.com/ suburbs - opt - to-go-their- own - way -on- state -s- drop- home- Iaw/385496261/ 2/2 Agenda Item 8 a• i • i • L A N D F O R M From Site to Finish • 105 South Fifth Street, MEMORANDUM Suite 513 Minneapolis, MN 55401 DATE July 19, 20.1.6 TO Brad Martens .. ............................... _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . cc City Council, Planning Commission, Parks & Trails Commission • Tel: 612 - 252 -9070 Fax: 612 - 252 -9077 www.landform.net FROM Kendra Lindahl, City Planner ... ............................... _. RE Active Corcoran... Planning.. Applications .................................................................................................................................................. ............................... ... ............................... _. The following is a summary of project status for current, active projects: 1. Park Place Storage request for Rezoning, Variance, Conditional Use Permit, Site Plan and Preliminary Plat (City file 16 -002). The City Council reviewed a sketch plan last year for expansion of the existing mini - storage facility. The applicant has submitted the application, but is working to provide additional information for completeness. The applicant has indicated that they should have revised plans later this month. Zoning Ordinance Amendment to allow Solar Gardens (city file 16 -008). Staff received a written request and escrow from Potentia Solar, Inc. to consider an amendment to allow solar gardens in the City of Corcoran. They have specifically requested that they be allowed in the UR zoning district, but staff prepared a number of issues for City Council for direction. The Council reviewed the key issues at the March 24th Council meeting and directed staff to schedule a work session. The work session was held on May 251h and on May 26th the Council directed staff to bring a draft to the June 23rd City Council meeting. On June 23, the Council directed staff to schedule a public hearing at the August 4th Planning Commission and for Council consideration on August 25tH 3. Interim Use Permit for a Conditional Home Occupation License for an upholstery business (Designers Choice Upholstery) located at 20125 County Road 117 (PID 02- 119 -23 -12 -0005) (city file no. 16 -013). The applicant is incomplete, but will be scheduled for a public hearing at the Planning Commission and City Council review when complete. 4. Ravinia 5' Addition Final Plat, PUD Final Plan and Vacation (City file 16 -015). Lennar has submitted an application for 47 single family home lots and 3 outlots. The Planning Commission reviewed the item on July 7th and City Council is expected to take action on July 281h 5. Ravinia 611 Addition Final Plat, PUD Final Plan and Vacation (City file 16 -016). Lennar has submitted an application for 23 single family home lots and 2 outlots. The Planning Commission reviewed the item on July 7th and City Council is expected to take action on July 28tH 6. Subdivision Ordinance Amendment (16 -017). At its June 141h meeting, the City Council authorized staff to conduct a review of the subdivision ordinance to update and simplify the procedure for lot line adjustments and minor subdivisions and to ensure consistency with the Minnesota State Statutes. A draft was presented at the June 23rd City Council meeting. The Council directed staff to schedule a public hearing at the August 4th Planning Commission and for Council consideration on August 25th. 7. Maple Hill Estates Sign Variance (16 -018). Maple Hill Estates and Hope Community Center have submitted a variance application to allow a new freestanding at the entrance to Maple Hill Estates. The item is scheduled for review at the August 4th Planning Commission and for Council consideration on August 25th. Landform®, SensiblyGreen° and Site to Finish" are registered service marks of Landform Professional Services, LLC. 1 8. Zoning Ordinance update to Floodplain Regulations (Section 1050.030 and 1020.020) (City file 16 -019). In early May 2016, the City of Corcoran was notified that FEMA (Federal Emergency Management Agency) recently completed an update to its floodplain maps and that the City is required to update its existing floodplain ordinance in response. The floodplain ordinance must be updated by November 4, 2016 in order for Corcoran property owners to continue purchasing flood insurance coverage through the National Flood Insurance Program (NFIP). Through the MnDNR (Minnesota Department of Natural Resources), FEMA has provided a model ordinance which the City must adopt. Some modifications are permitted to address the unique characteristics of the City. At their July 14 meeting, the City Council directed staff to schedule a public hearing at the August 4th Planning Commission meeting for City Council review on August 25th 9. IUP for Commercial Kennel for Daniel Benjamin at 19520 Stieg Road (City File 16 -020). Daniel Benjamin has submitted an application for an IUP for a commercial kennel. The kennel would be located on his property, would be owned and operated by him and would have employees. The item is scheduled for a public hearing at the August 4th Planning Commission and for Council consideration on August 25th. 10. Zoning Ordinance Amendment for Temporary Family Health Care Dwellings of 2016 opt -out (city file 16 -021). On May 12, 2016, Governor Dayton signed a bill creating a new process for landowners to place mobile residential dwellings on their property to serve as a temporary family health care dwelling. These are different from Accessory Dwelling Units that cities like Corcoran allow. Communities must opt out of the requirements or they will be required to allow the temporary dwellings when the law goes into effect September 1, 2016. If a city does not opt out, cities must be prepared to accept applications, must have determined a permit fee amount (if the city wants to have an amount different than the law's default amount), and must be ready to process the permits in accordance with the short timeline required by the law. At their July 14 meeting, the City Council directed staff to schedule a public hearing at the August 4th Planning Commission meeting for City Council review on August 25th to opt out of the requirements. 11. Lennar Comprehensive Plan Amendment for Schwalbe property (city file 16 -022). Lennar has submitted an application for consideration of a land use guide plan amendment to reclassify the property from Existing Residential to Low Density Residential. If approved, they would apply for a preliminary plat and PUD amendment to incorporate the property into the Ravinia development. Staff is reviewing the application for completeness, but the item will likely be schedule for a public hearing at the September 1St Planning Commission meeting and City Council action on September 25th 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. Staff has spoken to the applicant and will schedule a meeting when more information is available on the Loretto sewer project. Hope Ministries Conditional Use Permit for Cemetery and Vacation of Drainage & Utility Easement at 19951 Oswald Farm Road (City file 12 -002). Hope Ministries 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. The letter of credit for site improvements has been released, but we are holding the escrow pending completion of the approved landscaping. The applicant has indicated that they are considering a site plan amendment application to modify the approved plans. Staff met again with Pastor Brian Lother in December to try to finalize this issue and address some other questions or concerns from him. We hope to be able to wrap this up in the near future. 3. Sawgrass Preliminary Plat, Preliminary PUD Development Plan and Rezoning for on Schendel property at 20400 County Road 10 (City file 14 -027). The City Council approved the request on December 11, 2014 and granted the applicant 2 years to apply for the final plat and final PUD development plan. Peachtree Partners did not buy the property, but a different developer could still proceed with the approved plan. The next step would be for a developer to submit a final PUD plan and plat prior to expiration of the approvals on December 11, 2016. MEMORANDUM 4. Commercial Door Addition at 7670 Commerce Street (City file 15 -010) The City received an application for approval of a building addition, which required a conditional use permit, interim use permit, variance and site plan approval. The project was reviewed at a public hearing at the June 4th Planning Commission meeting and was approved by the City Council on June 25th. The required landscaping will be finalized and constructed after the downtown infrastructure project is completed. The City will release the remaining escrow when the planting is completed. 5. Site Plan and Conditional Use Permit for a new Verizon Monopole at 23605 Co Rd 50 (PID30- 119-23-21 -0001) (City File 15 -016). Verizon has requested a conditional use permit and site plan for a new telecommunications tower on the Gleason property located at the southwest corner of County Roads 19 & 50. The public hearing was held at the Planning Commission on July 7th and they voted unanimously to recommend approval. The City Council approved this item on July 23rd. The building permit has been issued. 6. "Fehn Meadows" Preliminary Plat and Final Plat at 20909 County Road Number 117 (PID # 03- 119 -23 -12 -0002 and PID 03- 119 -23 -13 -0001) (city file no. 15 -018). The applicant is requesting approval of a plat to readjust the lot lines between two parcels to create one lot and one outlot. The Planning Commission held a public hearing on September 3rd and voted unanimously to recommend approval. The City Council approved the preliminary plat and final plat on October 8th. The final plat has been released for filing at Hennepin County. 7. "Strehler Estates" Final Plat (PID 17- 119 -23 -32 -0004) (city file no. 16 -001). The applicant submitted a request for approval of a preliminary plat to create 4 lots and an ordinance amendment to allow a private drive for property at 22900 Strehler Road. The City Council approved both items on October 81h. The final plat was approved by the City Council at the January 281h meeting. The applicant is working to address the conditions of approval and then will record the final plat at Hennepin County. 8. Private Drive Ordinance Amendment (City file 16 -003). The City Council approved an ordinance amendment allowing private drives in the Rural Residential district, subject to certain conditions. However, after adoption the City Council directed staff to revisit this issue and consider an ordinance amendment to eliminate the requirement that private drives off paved roads must be paved. The City Council approved the amendment on May 26th. The Council also identified additional issues that should be reviewed and discussed at a future date. 9. City- Initiated Park Dedication Ordinance Update (City File 16 -006). Staff was directed to bring back other potential amendments for consideration in 2015, including revisions to clarify whether or not existing homes are subject to park dedication when part of a plat, how to ensure that land dedication in the rural areas is fairly required and a review of our park dedication requirements. The Council authorized this as a priority for 2016. The City Council reviewed the draft ordinance and directed staff to schedule a public hearing. The Parks and Trails Commission recommended approval at their May 17th meeting, the Planning Commission held a public hearing and recommended approval at their June 2nd meeting. The City Council tabled this item at the June 23rd meeting and directed staff to make changes. The Council adopted the ordinance on July 14. 2016. 10. Randahl Construction Conditional Use Permit and Site Plan Amendment at 7241 CR 116 (City file 16 -012). Randahl Construction has submitted an application for approval of a CUP and site plan amendment for outside storage at the old Heidi's property. The application was reviewed at a public hearing and recommended for approval at the June 2nd Planning Commission meeting. The City Council approved the item at the June 23rd meeting. MEMORANDUM I CITY OF CORCORAN 8200 County Road 116, Corcoran, MN 55340 763.420.2288 — Office 763.420.6056 — Fax E -mail - general(cDci.corcoran.mn.us / Web Site - www.ci.corcoran.mn.us MEMO Meeting Date: August 4, 2016 To: Planning Commission From: Brad Martens, City Administrator Re: City Council Report The Planning Commission last met on July 7, 2016. The following is a recap of some of the items discussed at City Council meetings since that time. A full recap can be found by reviewing the approved City Council minutes on the website Julv 14. 2016 Council Work Session • 2017 Budget — Draft 1 o Council reviewed the first draft of the 2017 budget July 14, 2016 Council Meeting • Resolution 2016 -54 — Appointing Election Judges for the 2016 Election Cycle o Council approved the appointment of election judges as presented • Pollinator Summit Registration Approval o Approved Parks and Trails Commissioner Sharon Meister to attend the Pollinator Summit on behalf of the City • July 5t" Storm Report o Council heard a recap of the July 5th storm and the City's response • Park Dedication Ordinance Amendment o Approved the updated park dedication ordinance as presented • FEMA Required Flood Plain Ordinance Amendment o Council directed staff to proceed with the required ordinance update and hold a public hearing at the August 4, 2016 Planning Commission meeting EM • Temporary Family Health Care Dwellings o Council directed staff hold a public hearing at the August 4, 2016 Planning Commission meeting to consider amending the zoning ordinance to opt -out of the temporary family health care dwelling statute • North Hennepin Pioneer Society Request for Funds o Council showed initial support for contributing $6,000 in funds to the North Hennepin Pioneer Society from gambling funds; staff to draft documents and bring back for final approval • Conditional Offer for Full -Time Police Officer o Council approved a conditional offer to Cody Vojacek for the position of Police Officer contingent on a comprehensive police officer psychological examination and physical examination July 28, 2016 Council Meeting • 2016 Fee Schedule Amendment o Approved amendments to the fee schedule to update park dedication ordinance fees and to establish non - residential water usage fees • Equipment Purchase — Bobcat Loader o Approved the purchase and trade of a Bobcat Loader • Resolution 2016 -62 Accepting Corcoran Athletic Association Donation o Mayor Guenthner read aloud the resolution accepting a donation of $14,000 from the Corcoran Athletic Association towards the installation of a scoreboard at Snyder Field; Council shared their appreciation • Public Hearing — Vacation for Ravinia 5th Addition and Ravinia 6" Addition o Council held the public hearing; approved the vacation of easements for Ravinia 5th and 6th addition • Ravinia 5th and 6th Addition PUD Final Plan, Final Plat, and Development Contract o Council approved the PUD Final Plan, Final Plat, and Development Contract; included was a condition clarifying the use of vinyl siding • Elm Creek Watershed Sub - watershed Assessment o Approved a grant application and authorized $500 towards the completion of a sub - watershed assessment • Financial Management Plan o Heard a presentation from Tammy Omdal of Northland Securities on the updated financial plan; Council discussed various financial assumptions Attachments: N/A