MN - Scott: Planning Advisory Commission

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Planning Advisory Commission

Planning Advisory Commission February 12, 2018

6:30PM Scott County Government Center County Board Room 200 Fourth Avenue West Shakopee, MN SCOTT COUNTY PLANNING ADVISORY COMMISSION Scott County Government Center
Tagged Passions:boards and commissions and planning

200 Fourth Avenue West Shakopee, Minnesota

Monday, February 12, 2018 County Board Room at 6:30 PM AGENDA I. ROLL CALL AND INTRODUCTIONS II. APPROVAL OF JANUARY 8, 2018 MINUTES III. CONSENT AGENDA (All items listed are considered by the Planning Commission to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Planning Commission Board member or public member so requests, in which event the item will be removed from the Consent Agenda to be considered separately.)

Tagged Passions:boards and commissions, events, and planning

3.1 PUBLIC HEARING 6:30 PM Erickson Acres (PL 2018-01) A. Rezoning of 20 acres from Rural Residential District, RR-1, to Rural Residential Reserve

Cluster District, RR-1C; and
Tagged Passions:hearing, zoning, and rural

B.
Preliminary Final Plat of Erickson Acres consisting of 2 lots and 2 outlots on 20 acres.

Location: Section 28 Township: Cedar Lake Current Zoning: RR-1
Tagged Passions:zoning

IV.
PUBLIC HEARING 6:45 PM - SunShare (PL 2015-099) A. Request for a Conditional Use Permit to construct and operate a 3 megawatt community

No additional detail provided

Tagged Passions:hearing

solar energy system.

Tagged Passions:solar power and energy

Location: Section 16 Township: Blakeley

Current Zoning: A-1 V. 2040 COMPREHENSIVE PLAN: Chapter XIII - Implementation VI. PLANNING MANAGER UPDATE VII. GENERAL ADJOURN

Tagged Passions:manager, strategic, zoning, and planning

1
SCOTT COUNTY PLANNING ADVISORY COMMISSION

Meeting Minutes Scott County Government Center 200 Fourth Avenue West Shakopee, Minnesota Monday, January 08, 2018 County Board Room at 6:30 PM
Tagged Passions:boards and commissions and planning

I.
ROLL CALL AND INTRODUCTIONS Chair Vonhof opened the meeting at 6:35 PM with the following members present: Donna Hentges, Lee

Watson, Gary Hartmann, Ray Huber, Barbara Johnson and Tom Vonhof. Ed Hrabe was absent. County Staff Present: Planning Manager, Brad Davis; Zoning Administrator, Marty Schmitz; Senior Planner, Greg Wagner; Lisa Schickedanz, Associate Planner; Cindy Geis, Property Tax and Customer Services Manager; Lisa Freese, Transportation Planning Director; Angie Stenson, Transportation Principal Planner; Craig Jenson, Transportation Principal Planner; Deb Brazil, Administration; County Board Commissioner, Tom Wolf; and Deputy Clerk to the Board, Dianna Gerold. II. APPROVAL OF DECEMBER 11, 2017 MINUTES On a motion by Commissioner Watson; second by Commissioner Huber the minutes of December 11, 2017 Planning Advisory meeting were approved as written. The motion carried unanimously. III. CONSENT AGENDA (All items listed are considered by the Planning Commission to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Planning Commission Board member or public member so requests, in which event the item will be removed from the Consent Agenda to be considered separately.)

Tagged Passions:property, administrator, taxes, manager, Taxes, boards and commissions, services, zoning, events, planning, transportation, and property tax

3.1 PUBLIC HEARING 6:30 PM - Gallagher (PL 2017-116) A. Rezoning of 5.66 acres from RR-1 Rural Residential Reserve District, to RR-2, Rural Residential

Tagged Passions:hearing, zoning, and rural

Single Family District; and

B.
Preliminary Final Plat of Gallagher Addition consisting of 1 lot on 5.66 acres.

Location: Section 10 Township: New Market Current Zoning: RR-1 There was a motion by Commissioner Huber; second by Commissioner Watson to approve the consent agenda for the rezoning and preliminary and final plat of Gallagher addition noting New Market Township recommended approval of this application. The motion carried unanimously.
Tagged Passions:zoning and market

2
Criteria for Approval: 1. Adequate Drainage the proposed plat will meet all storm water drainage requirements as identified in

Chapter 6 of the zoning ordinance prior to County Board consideration.
Tagged Passions:ordinance, Utility, utility, zoning, stormwater, and water

2.
Adequate Potable Water Supply the proposed plat, utilizing individual wells, meets the requirements of the zoning and subdivision ordinances.

No additional detail provided

Tagged Passions:ordinance, Utility, subdivision, utility, zoning, and water

3.
Adequate Roads or Highways to Serve the Subdivision the property and lots have frontage and driveway access onto Beard Avenue, a New Market Township road.

No additional detail provided

Tagged Passions:property, streets, subdivision, zoning, and market

4.
Adequate Waste Disposal Systems the proposed lot meets all requirements of the individual sewage treatment system ordinance.

5. Consistency with the Comprehensive Plan the proposed plat conforms to the goals and policies contained in the 2030 Comprehensive Plan for the development in the Rural Residential Growth Staged Area.

Tagged Passions:ordinance, development, strategic, zoning, rural, growth, and Development

6.
Public Service Capacity the proposed development does not adversely impact the public service capacity of local service providers.

7. Consistency with the Minnesota Environmental Quality Board's Policies- the proposal does not require any environmental review and is therefore consistent with the policies of the Minnesota Environmental Quality Board. 8. Consistency with Capital Improvement Plans the proposed plat is not requiring any county funded road improvements; therefore it is consistent with the County s capital improvement plan. 3.2 Harvest Bluffs (PL 2017-112) A. Final plat of Harvest Bluffs consisting of 14 lots and 1 outlot on 78.21 acres Location: Section 264 Township: Spring Lake Current Zoning: RR-2 There was a motion by Commissioner Huber; second by Commissioner Watson to approve the consent agenda for the final plat of Harvest Bluffs consisting of 14 lots and 1 outlot on 78.21 acres, noting Spring Lake Township recommended approval of this application. The motion carried unanimously.

Tagged Passions:capital spending, Capital Spending, development, zoning, environment, and Development

IV.
PUBLIC HEARING 6:35 PM Stonebrook Fence (PL 2017-122) A. Request for a Conditional Use Permit to operate a contractor yard for a fence company and lease

space to other industrial users. Location: Section 26 Township: New Market Current Zoning: I-1 Marty Schmitz presented. The applicant S T Properties is in the process of purchasing the property at 26151 Newton Circle and is requesting a conditional use permit (CUP) to operate a fence contracting business (Stonebrook Fence) including a contractor yard to lease space to other industrial users. The site is located in Section 26 of New Market Township. The site consists of 2.69 acres and is zoned I-1 Rural Industrial.

Tagged Passions:leasing, hearing, property, purchasing, contract, zoning, industrial, rural, market, and business

The New Market Business Park, where this site is located was platted in 1989. The lot was developed in 1996 by a business that assembled and distributed boat trailers. More recently a machining business was

Tagged Passions:boating, parks, market, and business

3
located in the structure. Both of these uses included some outdoor storage.

The leasing of space in industrial buildings is common in many properties throughout the County and is allowed provided that the tenants meet the conditions of the existing CUP, and their use is deemed compatible through a formal Certificate of Compliance process. Any proposed tenants will have to obtain a Certificate of Compliance from Scott County Planning Department. Through this process they will be required to meet with the Scott County Planning, Environmental Health, and Building Departments as well as the New Market Town Board for the review of the proposed tenants. Stonebrook Fence is a commercial fence contractor that constructs fences for commercial uses such as, schools, parks, airports, roads, etc. They do work for cities, counties, MnDOT, MAC and Met Council. For the past 7 years they have been located at 11071 225th Street East in Lakeville. Stonebrook Fence will occupy 80 of the office space and 1/3 of the warehouse and 25 of the outside storage area. Stonebrook Fence has 4 office employees, 3 foremen and 7 installers. The 3 foremen spend most of their day working in the field but do spend some time in the office. The 7 installers will work at the job site and rarely come to the facility. Stonebrook Fence also plows snow in the winter months. Another business leasing space in the building is GC Fence Supply. GC Fence Supply is the supplier of materials and delivers material to jobsites from the manufacturer. GC Fence has 2 office staff and 2 warehouse workers. They will use 20 of the office space, 1/3 of the warehouse and 50 of the outdoor storage area. GC Fence Supply will store fence materials and parts, assembled gates and handle the acquisition of the material and the delivery to the job site. Attached to this report are photos of the racking used to store the fencing materials. The applicant is looking for a business to lease the remaining 1/3 of the warehouse and 25 of the outdoor storage area. The outdoor storage area is located on the east side of the building. The applicant stores vehicles, equipment and fencing materials outdoor. The applicant would like to expand the outdoor storage area however; there is a low area that may be a wetland in the northeast corner of the property that will need to be mapped prior to making any changes. Staff has included a condition on the CUP that requires a wetland delineation prior to any expansion of the outdoor storage area. The applicant will also need to show that any additional outdoor storage area complies with the grading and storm water plan for the New Market Business Park Plat. In the I-1 district, outdoor storage is permitted as an accessory use when the following conditions are met:
Tagged Passions:leasing, compliance, commercial, property, streets, education, council, Utility, rental, snow, expansion, grading, health, equipment, utility, zoning, airport, stormwater, planning, industrial, materials, environment, parks, facility, market, business, and water

a.
The outdoor storage area occupies space other than a required front yard setback. b. The outdoor storage area shall be fenced, screened and/or landscaped in compliance with Chapter 4

of the Zoning Ordinance. c. The outdoor storage area is surfaced with crushed rock, crushed concrete, Class V, asphalt, or concrete paving or other similar materials approved by the County Planning Department to control surface dust.

Tagged Passions:buildings and grounds, compliance, ordinance, zoning, planning, and materials

d.
All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with Chapter 4 of the Zoning Ordinance.

The existing outdoor storage area is outside of the front yard setback. The outdoor storage area will be fenced with an 8 foot chain link fence with screening slats. In addition to the screening slats, to screening the outside storage from the urban expansion and urban business reserve districts to the south and east of the parcel the applicant will be planting black hills spruce trees (or other evergreen trees acceptable to staff) 12 feet apart along the east and south sides of the outdoor storage area. The spruce trees will be 4 feet tall at the time of planting. The use of class V as a surface in the storage area is consistent with other outdoor storage surfaces in the area and is acceptable to staff. All lighting used in the storage area shall comply with the lighting requirements in Chapter 4 of the Zoning Ordinance. The septic site is located on the northeast side of the building and has been reviewed by the Environmental Health Department. This system has been sized for 16 employees and is larger than what the applicant anticipates at the site. Any business leasing space in the building will need to get a Certificate of

Tagged Passions:leasing, compliance, property, ordinance, trees, expansion, plant, health, zoning, environment, and business

4
Compliance from the County Zoning Department showing that the use is compatible with the zoning, structure and septic system.

The applicant plans on installing two additional garage doors on the east side of the building. The Building Department has reviewed the request and is requiring a permit for the new garage doors and a permit for the change in occupancy (machine shop to fencing contractor) of the structure. All structural repairs to the buildings will require a building permit. All future improvements will be required to be constructed in compliance with all applicable building codes. All uses leasing space in the building will need to meet with the County Building Department and get all necessary permits to insure the building meets all required codes for the intended use. The New Market Town Board made a recommendation at their January monthly meeting. Their only concern was there would be no expansion of the outside storage area until a wetland delineation is completed.

Tagged Passions:leasing, compliance, expansion, zoning, building codes, and market

Based on the project information submitted by the applicant and subject to the conditions of approval, the proposed CUP satisfies the goals and policies established in the Scott County 2030 Comprehensive Plan and conforms to all applicable standards in the Zoning Ordinance; therefore, staff recommends approval of the CUP based on the criteria for approval listed below:

Tagged Passions:ordinance, strategic, and zoning

Commissioner Johnson wondered if the third use would be done administratively and not come back to the Planning Advisory Commission. Mr. Schmitz said that staff would manage and approve the third use unless it would require some change in the Conditional Use Permit. This would be very unlikely.

No additional detail provided

Tagged Passions:boards and commissions and planning

Commissioner Johnson wondered why there was no screening in 1989; and thanked the applicant for adding the screening. Mr. Schmitz responded by saying, it was 1989 and they didn t have the requirements they have today.

Chair Vonhof asked if an 8 fence is allowed. Mr. Schmitz said an 8 fence is acceptable in a commercial or industrial district. Chair Vonhof opened the meeting up to the public for comments.
Tagged Passions:commercial and industrial

Hearing no comments from the public, Commissioner Watson; second by Commissioner Hartmann motioned to close the public hearing. The motion carried unanimously.

There was a motion by Commissioner Watson; second by Commissioner Hartmann based on the criteria for approval listed in the staff report, I recommend approval of the Conditional Use Permit for S T Enterprise to operate a contractor yard for a fence company and lease space to other industrial users in Section 26, New Market Township, Rural Industrial (I-1), recognizing the addition of the 8 fencing and black hills spruce for screening, and also noting the New Market Township did approve this request. The motion carried unanimously. Criteria for Approval (Chapter 2-6-1): 1. The proposed use will not create an excessive burden on public facilities.

Tagged Passions:leasing, hearing, recognition, industrial, rural, and market

2.
The proposed use is sufficiently compatible with uses on adjacent lots.

3.
The proposed structures are designed of materials that will not be unsightly in appearance.

Tagged Passions:materials

4.
The use is consistent with the purpose of the I-1 zoning district.

Tagged Passions:zoning

5.
The use is not in conflict with the Scott County 2030 Comprehensive Plan.

Tagged Passions:strategic

6.
Adequate measures have been taken to provide ingress and egress, access to public roads and on-site parking.

No additional detail provided

Tagged Passions:streets and parking

5
7. The existing water supply and sewage treatment systems are adequate to serve the proposed use.

Tagged Passions:Utility, utility, and water

8.
The existing building meets the requirements of the Building Code. All future building modifications and proposed tenants will need to meet the requirements of the Building Code.

Tagged Passions:rental and building codes

Conditions of Approval: 1. The applicant is to file with the Scott County Planning Office in January of each year a statement indicating

that he is in compliance with the conditions of the conditional use permit. Failure to do so may be a basis for revocation of the conditional use permit.
Tagged Passions:compliance and planning

2.
The CUP shall be annually reviewed by the Township at a time and in a manner as prescribed by the New Market Township Board.

Tagged Passions:market

3.
The applicant/business operator shall pay an annual inspection fee for the Conditional Use Permit, if and when the County adopts an inspection fee ordinance.

4. If ownership of the property changes, the new owner shall contact the Scott County Zoning Department and New Market Township to review the conditions of the Conditional Use Permit. This Conditional Use Permit is issued solely to allow the property owner to lease space in a 12,096 square foot building for uses consistent with the Rural Industrial (I-1) zoning district.
Tagged Passions:leasing, property, ordinance, zoning, industrial, rural, market, and business

5.
A potential lessee must obtain a Certificate of Compliance from the Planning Department before occupancy of a rental unit in the building. Prior to issuance of a Certificate of Compliance, staff and New Market Township shall meet with the proposed tenant to determine if the proposed business use is consistent with the allowed uses in the Rural Industrial zoning district, is compatible with all applicable building codes and the septic system is sized adequately to accommodate the use.

6. Oils, solvents and other hazardous waste shall be managed in accordance with the Scott County Hazardous Waste Management Ordinance.

Tagged Passions:compliance, ordinance, Fossil Fuels - Oil, rental, zoning, planning, industrial, rural, building codes, market, and business

7.
Prior to any expansion of the outdoor storage area the applicant shall have a wetland delineation completed and show that the grading is in compliance with the approved Grading Plan for the New Market Business Park. Any expansion to the outdoor storage area shall be screened on the east side.

No additional detail provided

Tagged Passions:compliance, expansion, grading, parks, market, and business

8.
On the south and east sides of the outdoor storage area black hills spruce trees (or other evergreen trees acceptable to staff) shall be planted at a spacing of 12 feet. The spruce trees will be 4 feet tall at the time of planting. To aid in the screening of the outside storage until the plantings mature screening slats will be added to the chain link fence.

No additional detail provided

Tagged Passions:trees and plant

9.
All signage shall comply with the County Sign Ordinance.

No additional detail provided

Tagged Passions:ordinance, advertising, and signage

10.
Only domestic sewage may be discharged to the septic tank/drainfield. All wastewater from commercial, industrial floor drains and non-domestic sink sources shall be plumbed to a holding tank unless otherwise approved in writing by the Scott County Environmental Health Office.

No additional detail provided

Tagged Passions:commercial, health, industrial, environment, and sewer

11.
The property shall be maintained in a neat and orderly manner.

Tagged Passions:property

V.
2040 Comprehensive Plan: Chapter VI: Transportation

Angie Stenson, Transportation Principal Planner provided the presentation of the 2040 Comprehensive Transportation plan.

Tagged Passions:strategic and transportation

VI.
PLANNING MANAGER UPDATE

No additional detail provided

Tagged Passions:manager and planning

VII.
ELECTION OF OFFICERS

Motion by Commissioner Johnson; second by Commissioner Huber to nominate the same Officers as last year: Tom Vonhof for Chair, Barbara Johnson for Vice Chair and Lee Watson for Secretary. The motion carried unanimously.

Tagged Passions:voting and election

6
Motion by Commissioner Johnson; second by Commissioner Hartmann to approve the same Officers as the last year: Tom Vonhof for Chair, Barbara Johnson for Vice Chair and Lee Watson for Secretary. The motion carried unanimously.


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