ALXT PC agenda 042814 · Discussion – Comprehensive Plan Update Adjournment **NOTE: This is a...

ALEXANDRIA TOWNSHIP

PLANNING COMMISSION

MEETING PACKET FOR April 28, 2014

PRELIMINARY AGENDA Alexandria Township Planning Commission

April 28, 2014 6:00 p.m. – Township Conference Room

Call to Order Adopt Agenda Approve Minutes

March 24, 2014 Public Hearing

1. (Tabled from 3/24/2014) Interim Use Permit to allow operation of a Nursery/Garden Store involving 3-4 greenhouses, outdoor display and related signage in the Rural Residential zoning district. Douglas and Shirley Jacobson, applicants. Property is located at 6101 Alyssa Lane NE, Alexandria, MN. Legal description as follows: Section 2, Twp 128, Range 37, Lot 3, Block 1 of Anderson Acres. AC 4.90. PIN: 03-0013-050.

2. Conditional Use Permit to allow an existing dwelling to remain onsite until construction of a replacement dwelling has been completed. Jamie Feldhake, applicant. Property is located at 5314 County Road 82 SE. Legal Description summary: Sec. 23, T128, R37 SE4NW4 EX .58 AC (Parcel 231 MDOT R/W HWY 27) AC 39.42 Property ID: 03-1836-000 (*Note Hwy 27 became Cty Rd 82)

Zoning Administrator’s Report New Business:

Old Business:

1. Training – Developing Effective Comprehensive Plans 2. Discussion – Comprehensive Plan Update

Adjournment

**NOTE: This is a preliminary agenda, subject to change at any time.

The public hearing will be held on April 28, 2014 beginning at 6:00 pm.

The public hearing will held at the Township meeting room at 610 Fillmore Street, Alexandria. Enter in middle of building – same entrance for Trumm Home Medical and

AAEDC.

LOCATION MAP FOR APRIL 28, 2014

PLANNING COMMISSION APPLICATIONS

Interim Use (Douglas & Shirley Jacobson) 6101 Alyssa Lane NE

Conditional Use (Jamie Feldhake) 5314 Co Rd 82 SE

Alexandria Township 4(a) - 1 April 28, 2014

STAFF REPORT

Application: Interim Use Permit application to allow a Nursery/Garden Store and related signage in the Rural Residential zoning district.

Applicant: Douglas and Shirley Jacobson

Agenda Item: 4(a) Background Information:

Proposal: THIS APPLICATION WAS TABLED AT THE MARCH 24, 2014 MEETING FOR ADDITIONAL INFORMATION AND TO ALLOW THE APPLICANT TO PREPARE AN ALTERNATIVE PLAN.

The applicants had originally proposed to make use of an existing building and greenhouse for a Nursery/Garden Store. After discussion at the March 24 meeting, and concerns raised about the impact of business activity on Alyssa Lane and nearby neighbors along Alyssa Lane, there was discussion that moving the business activity to the east and northeast portion of the property, along with a new driveway off of Berglund Mile to accommodate the business traffic.

The applicants had stated at the March meeting that they intend to make the facility available to residents at the Alexandria Opportunities Center for the development of skills and recreation opportunities, but would also like to make use of the site for retail sales of garden products/flowers.

The updated site plan and proposal includes placing up to three greenhouses in the NE corner of the property between the row of pine trees and the row of red willow along the north boundary of the property. A single driveway would be constructed into the property off of Berglund Mile (this is a change from what was shown on the updated site plan where there was to be an “IN” and an “OUT” driveway). Parking would be provided for up to about 17 cars and there would be room for vehicles to turnaround/back out of parking spots to leave from the same driveway where they enter.

Staff’s understanding is that the existing greenhouse off of the existing garage would remain in place, but be used only for growing and storage of plants and not be open to the public.

The property on which this sits does not currently have a dwelling, per se, although the storage building to which the greenhouse is attached does contain kitchen facilities (a sink, a large refrigerator and a stove/oven) and a chemical toilet. There are no sleeping facilities/bedrooms on the property.

The property has road frontage on both Alyssa Lane and Berglund Mile although the driveway serving the building/greenhouse is currently only from Alyssa Lane.

The property is part of a 7-lot residential subdivision (Anderson Acres) which was platted in 2000 after approval by Douglas County. There is also a 12-lot residential subdivision (Roob Estates/Airway Acres) immediately to the west of the Anderson Acres subdivision. To the east (across Berglund Mile) and to the south are large unplatted parcels which appear to serve primarily as wildlife/open space and are not currently being actively farmed.


Location: o Property Address: 6101 Alyssa Lane NE o Sec/Twp/Range: 2-128-37 o Legal Description: Lot 3, Block 1 of Anderson Acres o Parcel Number(s): 03-0013-050

Zoning: Rural Residential (RR)

Lot size: Approx. 4.9 acres.

Septic System Status: There is not an existing sewer system on the property. There is a portable toilet outside near the greenhouse and a chemical toilet inside the building. There is plumbing into the building from the private well on the property, which provides water to the sink and to the greenhouse for watering of plants. The sink discharges to the outside of the building, and according to the applicant, is collected in a bucket as there is very little flow from the sink.

State rules and the Township’s zoning ordinance require collection and treatment of all sewage. Waste water from a sink is considered sewage. After conversations with the Douglas County staff with which the Township contracts for sewage treatment review, they have recommended that a holding tank be required if there is to be sewage generated within the garage structure – as is the case now. They indicated that the Township would have the flexibility to approve some other method of sewage treatment if they felt it appropriate, but cautioned against the difficulty of verifying that the flow of sewage/greywater remains low.

Natural Features:

Floodplain: The property is not within an identified floodplain.

Bluff/Steep Slopes: The site is relatively flat and does not contain any bluffs or steep slopes.

Wetlands: There do not appear to be any wetlands on the property that would impact the proposal.

Trees: The existing lots contains a number of small trees, but which appear to have been planted by the current or previous property owners.

Permit History:

o 2005 – 10’ x 24’ storage shed

o 2003 – 34’ x 44’ storage building

o 2013 – Approx. 26’ x 60’ greenhouse (constructed without permits – after-the-fact fee has been paid but permit has not yet been issued – partly pending the outcome of this Interim Use application)

Applicable Statutes/Ordinances:

SECTION III. ZONING DISTRICT REGULATIONS

B. Uses Permitted. The following set of tables establishes the uses permitted, permitted by


conditional or interim use permit, or not permitted. All uses are subject to the requirements or performance standards of this ordinance. Performance standards applicable to uses in all zoning districts are given in Section V.

COMMERCIAL USES RCR RR UR RS CS C-U C-R I

Nurseries/garden store IU IU X X X P P P

SECTION V. PERFORMANCE STANDARDS

B. OUTDOOR STORAGE.

In all zoning use districts, all materials and equipment shall be stored within a building or fully screened so as not to be visible from adjoining properties and/or a public road except for the following: operable equipment for recreational use and equipment being temporarily used on the premises, agricultural equipment and materials if they are used or intended for use on the premises, off-street parking of operable passenger automobiles and pick-up trucks and storage of firewood for home heating.

D. SCREENING.

Where any business or industry (i.e., building, parking or storage) is located adjacent to property zoned for residential use or where residential housing exists or where it is located adjacent to a public or private institution or park and recreational area, that business or industry shall provide appropriate screening along the boundary of the residential property. Screening shall also be provided where a business or industry is across the street from a residential zone or residential housing.

The screening required in this section shall consist of earth mounds, berms or ground forms; fences and walls; landscaping (plant materials) or landscaped fixtures (such as timbers) used in combination or singularly so as to block direct visual access to an object. The use of discarded tires is an inappropriate form of screening material.

E. PARKING REQUIREMENTS.

1. Minimum Size Regulations

a. Each space shall contain a minimum area of not less than three hundred thirty-five (335) square feet, a width of not less than nine (9) feet and a depth of not less than twenty (20) feet. Each space shall be adequately served by an access drive of at least twenty-six (26) feet in width.

2. Reduction and Use of Parking Space.

a. On-site parking facilities existing at the effective date of this Ordinance shall not be reduced to an amount less than that required under this Ordinance for a similar new building or use. On-site parking facilities


provided to comply with the provisions of this Ordinance shall not be reduced below the requirements of this Ordinance. Such required parking space shall not be used for the storage of goods or for storage of vehicles that are inoperable or for sale or rent.

3. Computing Requirements.

a. In computing the number of parking spaces required, the following rules

shall govern:

(1.) Floor space shall mean the gross floor area of the specific use.

(2.) When fractional spaces result, the parking spaces required shall be construed to be the nearest whole number.

(3.) The parking space requirement for a use not specifically

mentioned herein shall be the same as required for a use of similar nature, as determined by the Zoning Administrator or the Township Planning Commission.

5. Yards.

a. On-site parking requirements shall not be subject to front, side and rear

yard regulations for the district in which parking is located, except that:

In any commercial or industrial district, no parking shall be located within ten (10) feet of any property line that abuts any residential (UR, RR, RCR) or shoreland district.

6. Buffer Fences and Planting Screens.

a. On-site parking areas near or abutting a residential (UR, RR, RCR) or shoreland district shall be screened by a buffer fence of adequate design or a planting buffer screen. Plans of such screen or fence shall be submitted for approval as part of the site plan, and such fence or landscape shall be installed as a part of the initial construction.

7. Required Number of On-Site Parking Spaces.

a. On-site parking area of sufficient size to provide parking for patrons, customers, suppliers, visitors and employees shall be provided on the premises for each use. The minimum number of required on-site parking spaces for the following uses shall be as follows:

Land Use Number of Parking Spaces Unit Measure Retail Sales and Service Establishments

1 200 Sq.Ft. Floor Area

Storage, Wholesale and That space which is solely used as office shall comply with the


Warehousing office use requirements. +1 750 Sq. Ft. Floor Area +1 Company owned Truck (if not

stored inside building).

8. Loading and Unloading Requirements.

a. Loading and unloading areas for goods, supplies and services shall be sufficient to meet the requirement for each use.

SECTION VI. ADMINISTRATION

H. INTERIM USE PERMIT1.

1. Purpose.

The purpose of an interim use permit is to allow a temporary use that is not designated as permitted or conditionally permitted but is acceptable for a limited period of time subject to conditions set forth in this section. An interim use is granted to a particular individual or other applicant and does not accrue to the subject property.

An interim use is intended to allow a use that is presently acceptable but that, with anticipated development, will not be acceptable in the future, or will be replaced in the future by a permitted or conditional use allowed within the respective zoning district. Buildings and other improvements allowed by interim use shall be of a size and nature such that they can be easily removed from the property or will conform to zoning regulations for permitted or conditional uses should the interim use permit expire.

2. Criteria for Granting Interim Use Permits.

a. In granting an interim use permit, the Alexandria Town Board shall consider the advice and recommendations of the Planning Commission and the effect of the proposed use upon the health, safety and general welfare of occupants or surrounding lands. The criteria used for reviewing conditional use permit shall also be used when considering interim use permits, along with the following additional considerations:

(1.) The use will conform to the applicable zoning regulations, including any dimensional restrictions the regulations may impose on buildings or uses; and

(2.) The use will terminate upon a date or event that can be identified with certainty and/or clarity; and

(3.) The use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and

(4.) The use will be subjected to, by agreement with the property owner, any conditions that the Town Board deems appropriate in

1 Entire section added 12/7/2009 (Resolution #09-05)


allowing the proposed interim use, including a condition that the owner will provide an appropriate surety to cover costs that would be necessary to eliminate the interim use from the property, including removal of buildings, equipment, restoration of the landscape to a suitable condition or other appropriate and necessary costs.

3. Termination of an Interim Use Permit.

a. An interim use permit shall terminate upon the occurrence of any of the following events, whichever comes first:

(1.) Five (5) years from the initial approval of an interim use, unless a shorter time period is specified in the initial approval. After the initial approval period and if a renewal is approved by the Township, the interim use permit shall terminate upon the date or event stated in the permit approval; or

(2.) When the use has been discontinued for one year or more; or

(3.) When there is a change in ownership of the property of any kind, unless the Town Board approves such change in ownership as not substantially changing who is operating and/or managing the use and property. Such requests must be presented to the Planning Commission for a recommendation to the Town Board, but need not require a public hearing; or

(4.) Within 24 months of the date of an amendment to the Zoning Ordinance that no longer allows the use as an interim or permitted use.

(5.) When any of the conditions have not been adhered to and the applicant has not corrected the violation upon written notice of the violation from the Zoning Administrator within the timeframe specified in such written notice;2 or

(6.) When there have been more than two separate violations of any condition of approval (such violations need not be of the same condition), even if the previous violations have been corrected upon written notice from the Zoning Administrator.2

4. Renewal or Amendment of Interim Use Permit.

a. Renewal: An application to extend an interim use permit may be renewed within 24 months prior to the date or event upon which it is to expire. The application shall be processed and administered as if it were a new application. Should such application to renew be denied, the applicant shall be allowed to continue the use until the expiration of the interim use permit provided all conditions of the original approval are being met. If

2 Amended 3/21/2011 (Resolution #11-02)


the application to renew is approved, the Township shall specifiy a new date or event on which the renewed permit will expire. There shall not be a limit on the number of times an interim use permit may be extended. Application fees for renewal of an interim use permit shall be as established in the Township fee schedule.

b. Amendment: Any change in an approved interim use permit involving more than minor structural alterations, enlargement, intensification of use, or similar changes not specifically permitted by an interim use permit, as determined by the Zoning Administrator, shall require an amended interim use permit to be reviewed as if it were a new interim use permit.

5. Procedure.

a. An application for an interim use permit shall follow the same procedures applicable to a conditional use permit, as outlined in this Ordinance.

b. The township hereby reserves the right, upon approval of an interim use, to inspect the premises in which an interim use is being conducted to ensure compliance with the provisions of this section or any additional conditions imposed.

c. An interim use permit shall only be terminated by the Town Board after the Planning Commission has provided its recommendation following a public hearing.3

Minnesota Rules

7080.1500 COMPLIANCE CRITERIA.

Subp. 2. Hand-carried graywater. Graywater that originated from hand-carried water must not be discharged directly to surface waters, drainageways, or poorly drained soils; in a manner or volume harmful to the environment or public health; or in a manner that creates a public health nuisance as determined by the local unit of government.

Staff Findings: The following findings of fact are presented by Staff for consideration by the Planning Commission:

1. The use will not create an excessive burden on existing parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area:

Needs discussion. No additional burden on parks or schools would be expected because it will not involve additional residents or school-age children and there will not be a need for any expansion or improvement to utilities. The impact on streets will likely have the greatest impact as heavy delivery truck traffic and



increases in passenger vehicle traffic could potentially increase the need for dust control or grading on Berglund Mile. If traffic were to come primarily from County Road 9 to the north, it would impact about 900 feet of Berglund Mile. The applicant indicates they would expect about 12 vehicles per day and 6 or fewer truck deliveries per year. Berglund Mile and Alyssa Lane are both gravel roads. County Road 9 is a paved road designed for 9-ton per axle.

2. The use will be sufficiently compatible or separated by distance or screening from adjacent agricultural or residentially zoned or used land so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land:

Needs discussion. Anytime a commercial or semi-commercial use is placed in a residential setting, there is a potential for a decrease in the attractiveness of nearby properties for residential use. Much of this potential depends on the scale of the commercial operation and the degree to which it changes the character of the neighborhood. The above condition implies that with proper screening or separation from nearby residential uses, such a use can still be appropriate.

In this case, the primary factors that might depreciate residential property values in the area or make additional development less attractive would be 1) excessive amounts of traffic; 2) a constant flow of vehicles and customers/visitors to the commercial property which degrades neighbors enjoyment of their properties and 3) the potential for unusual amounts of noise coming from the proposed use.

Staff recommends that the Commission discuss all of these issues, and any others they feel are relevant, and develop appropriate findings of fact in its decision. The change in the plans so that commercial activity would be limited to the NE and east side of the property should help better protect neighboring properties to the south, but would increase potential impact on properties to the north and possibly to the west. The higher number of greenhouses requested (three vs. one last month) would also likely mean a greater amount of activity than what would have occurred with only one greenhouse. The applicant states they have discussed the current (3-greenhouse) plan with the neighbor to the north and that they had no issues with it. The property to the immediate west does not currently have a dwelling on it, although a permit to construct a dwelling was approved in late November 2013.

3. The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties:

Needs discussion. Currently, the property appears to be well-kept and would not appear to have an adverse impact on adjacent residential properties. The greatest potential for such an impact would appear to be if the greenhouses or building were to fall into disrepair or if additional structures/equipment were to be stored outdoors in such a way as to detract from the appearance of the property. These could be addressed with conditions limiting the amount of outdoor storage and requiring that the property be kept in a neat appearance. The visual impact of customer traffic and its impact on adjacent properties will have much to do with how heavy such customer traffic is, what hours of the day


it is present and what days of the week it is present.

4. The use in the opinion of the Town Board is reasonably related to the overall needs of the Township and to the existing land use:

Needs discussion. The Township, through the Rural Residential Zoning district, is generally seeking for this area to be populated with larger lot single-family housing. In that sense, this proposal conflicts with that intent – although that is perhaps mitigated by the fact that the buildings on the property are not significantly out of character with residential use and the primary activity taking place outside nearest to the adjacent landowners would be gardening. The Township also has a general interest in maintaining property values; it is unclear whether the proposed use would increase the value of the subject property and whether it would have a positive or negative impact on nearby properties. In Staff’s opinion, such a use would be more likely to have a negative impact on surrounding property values than positive, although if business activity on the site is not excessive it would not likely have much significant impact on neighboring property values.

5. The use is consistent with the purposes of the Zoning Ordinance and the purposes of the zoning district in which the applicant intends to located the proposed use:

Needs discussion. The area of the proposed development has been zoned as “Rural Residential.” The purpose of this district is:

“The Rural Residential district is intended to provide opportunities for moderate density (one dwelling per 2.5 acres) residential development of a semi-rural, suburban character. Areas chosen for this district are generally located far from any public sewer or water but are located within about one-quarter (1/4) mile of roads capable of handling significant additional traffic. It is intended that non-intensive agricultural and recreational open space will be the primary uses initially, but that these areas will slowly convert to moderate density residential development over a period of twenty (20) years or more. Urban density development and associated infrastructure are not expected to be feasible or desirable in this district for at least fifteen (15) years.”

See discussion in Items #1-4 above. The commercial/semi-commercial use proposed for the property is not consistent with the Rural Residential zoning district in which it lies. However, nurseries and garden stores are allowed as an interim use – suggesting that the Township is open to such uses provided they are properly designed and managed.

6. The use is in conformance with the Comprehensive Plan of the Township:

Needs discussion. The comprehensive plan identifies the area of the proposed development in the Future Land Use Map as Rural Conservation Residential:

Rural Conservation Residential: The purpose of this land use category is to provide opportunities for residential development in areas of the Township not expected to be consistent with urban densities of housing


within the next twenty-five (25) years, but that may be consistent over a fifty (50) year time frame. These areas may be developed at rural or semi-rural densities, but are intended to be designed in a manner than protects sensitive or unique natural or cultural resources that exist on or near the property. As such, any residential subdivision in this area at a density inconsistent with the protection of sensitive or unique natural or cultural resources must be developed with a conservation subdivision design (typical “lot-block” designs are not considered appropriate).

Residential subdivisions in this district shall also allow for a transition to urban densities of housing in an orderly and efficient manner as sewer, water, or other public infrastructure or services become available. This may be accomplished through ghost platting, conservation subdivision designs that cluster homes on urban-sized lots, provision of urban sewer or road infrastructure at the time of development, or by other appropriate means.

Long-term commercial/industrial uses that are incompatible with residential uses should not be allowed in this district.

Typically, the intent of this district is not for long-term commercial uses if they are incompatible with residential uses. The proposed use on the property for a nursery/garden store involves factors which could be seen as conflicting with the main residential use of the area. Whether they actually become a problem or not depends largely on how the property with the proposed nursery/garden store is maintained and managed and the scale to which the business operates.

7. The use will not create a traffic hazard or congestion:

Yes. The proposed nursery/garden store will certainly have the potential to increase traffic to the point where it becomes a nuisance to neighboring property owners, and possibly to the point where it would require additional road maintenance by the Township, but seems unlikely to be such that it would create a hazard or congestion. Both Berglund Mile and Alyssa Lane are relatively lightly traveled roads and congestion is unlikely to occur given the anticipation of no more than 12 vehicle trips per day to the proposed business and the relatively infrequent deliveries from large trucks. If traffic levels were to be significantly higher than this, congestion and safety could become an issue (as well as road maintenance).

8. The use will conform to the applicable zoning regulations, including any dimensional restrictions the regulations may impose on buildings or uses:

Yes. The existing buildings conform to all applicable zoning regulations for height, size and setbacks. The use of the property as a nursery/garden store is allowable as an interim use.

9. The use will terminate upon a date or event that can be identified with certainty and/or clarity:

Yes. The ordinance specifies that a termination date for all interim uses should be set. If the permit were granted, and then later not renewed, the buildings on the


property would not be overly difficult to convert to typical residential use (a greenhouse, while not typical, could relatively easily be removed or used for residential/personal purposes).

10. The use will not impose additional costs on the public if it is necessary for the public to take the property in the future:

Yes. The main potential for additional costs to the public would be if the site became filled with equipment, machinery, etc… and was then abandoned by the owner. In such a case, the Township may incur clean up costs. However, with proper limitations on the amount of material/equipment that can be stored or displayed for sale on the property and because the nature of the proposed use would be plants rather than buildings or equipment, it would seem very unlikely that any clean-up costs would be excessive. The buildings and structures on the site, as noted above, would lend themselves to residential use that is typical in the neighborhood.

11. The use will be subjected to, by agreement with the property owner, any conditions that the Town Board deems appropriate in allowing the proposed interim use, including a condition that the owner will provide an appropriate surety to cover costs that would be necessary to eliminate the interim use from the property, including removal of buildings, equipment, restoration of the landscape to a suitable condition or other appropriate and necessary costs:

Needs discussion. If the Township so chooses, it could require a surety (e.g. bond or cash escrow) to cover the cost of removing materials or buildings from the site. Due to the nature of the proposed use, with very little equipment expected on the site, this may not be necessary.

Planning Commission Direction: The Planning Commission may recommend approval of the proposed use as an interim use, denial of the request(s), or table the request(s) if the Commission should need additional information from the applicant. If the Commission should approve or deny the request, the Commission should state the findings which support either of these actions. Staff Recommendation: Based on the findings of fact and discussion listed above, Staff recommends the Commission discuss whether they feel that the proposed use will be suitable for the neighborhood – with appropriate conditions imposed – or whether it would be a detriment to the neighborhood and surrounding property values regardless of any potential conditions of approval. If the interim use is approved, Staff recommends consideration of the following conditions of approval:

1. That all business-related activity be limited to the area bounded by the north 250 feet and the east 270 feet of the property (everything east of the row of planted bushes/vines between the vegetable gardens and flower beds on the submitted site plan and north of where the driveway would enter into the property). Business activity, for the purposes of this requirement, shall include parking and driving areas, greenhouses, bathroom


facilities for customers (i.e. portable toilets and/or other such facilities) and outdoor display of plants and materials for sale. Gardening activities and walking paths for viewing of the gardens on the property may be allowed outside of this area.

2. That the property maintains an appearance more like a residential setting than a business setting, consistent with the requirements of the ordinance. This shall include, at a minimum:

a. No outdoor storage of equipment related to the business except as sufficiently screened by fencing or other visual barrier as approved by the Zoning Administrator or when enclosed in a building;

b. Any signage for the facility shall be limited to no more than ____ sq ft in size (Note: the size of sign allowed for a High Activity Home Occupation in the ordinance is 35 sq ft). The signage shall be located to the north of the entrance driveway;

c. A buffer of trees or shrubs at least 4 ft in height, or other screening material acceptable to the Township, shall be planted and maintained so as to create a visual and physical barrier to minimize views of customer traffic for properties to the south and those driving along Alyssa Lane and prevent customer activity and outdoor display areas from migrating to the south. A screening plan shall be submitted to the Township and approved by the Town Board.

3. That the hours of operation allowed for retail sales or outside group activities be limited to between ____ am and ____ pm to help protect the residential nature of the neighborhood.

4. That the days of operation allowed for retail sales and possibly outside group activities be limited to only certain days of the week (i.e. Monday through Saturday or for no more than two days per week, etc…)

5. That the months of operation allowed for retail sales be limited to between _________ and _________ of each year.

6. That the applicant must construct a driveway off of Berglund Mile (subject to approval by the Township engineer) with adequate space for visitors and customers to park and turnaround on the property and that all delivery, pick-up, and other traffic associated with customers or outside groups be directed to that driveway. A minimum of ____ passenger-vehicle sized parking spaces shall be provided.

7. That large truck deliveries be limited to no more frequently than up to 10 times per year. These shall include any trucks larger than a standard delivery van (i.e. UPS, FedEx).

8. That the permittee, during non-business hours, places a sufficiently visible sign at the western edge of the driveway leading to the parking area indicating that the business is closed. A sufficient amount of the parking area shall remain open to allow customers to turn around and re-enter Berglund Mile – so as to avoid people driving down to Alyssa Lane to turn around.

9. That the interim use shall terminate ____ years after the date of its approval by the Town Board, unless one of the earlier events outlined in the Zoning Ordinance triggering a termination occurs first. (Note: Interim Uses are typically granted an initial period of


five years, although the Township can establish any timeframe that it feels is necessary to protect the neighborhood and ensure compliance).

10. That the applicant installs a compliant septic system on the property, or eliminates any interior sinks and plumbing except that necessary for watering of the plants in the greenhouse (so that any wastewater generated in the building is from hand-carried water rather than interior plumbing and can be land applied consistent with MN State Rules 7080.1500). Staff has consulted with County staff (the Township’s contracted sewer inspectors) and they have indicated that a holding tank should be sufficient given the low water flow. The Commission, if it allows a holding tank rather than a full system with drainfield, may wish to require that a design be submitted which shows where a drainfield could be located and that area protected from any soil disturbance (including gardening activities) or activities that would compact the soil. Whether a holding tank is required, or there is an allowance for the use of portable toilets, the applicant should maintain a contract with a local septic pumper or portable toilet company for maintenance. The contract will be subject to inspection by the Township on at least an annual basis.

Alexandria Township 4(b) - 1 April 28, 2014

STAFF REPORT

Application: Conditional Use Permit application to allow for temporary use of a dwelling while a new dwelling is constructed.

Applicant: Jamie Feldhake

Agenda Item: 4(b) Background Information:

� Proposal: The applicants are proposing to live in the existing house on this property while a new house is constructed. Once completed, the existing (old) house would be removed from the property.

The property is located along County Road 82, a little more than ¼ mile east of East Lake Jessie Road. The property is served by ALASD sewer.

� Location: o Property Address: 5314 County Road 82 SE o Sec/Twp/Range: 28-128-37 o Legal Description: SE4NW4 EX .58 AC (PARCEL 231 MDOT R/W HWY 27) AC

39.42 o Parcel Number(s): 03-1836-000

� Zoning: Urban Residential (UR)

� Lot size: Approx. 10 acres (the applicant intends to split 10 acres off for the house portion of the property, which requires a separate metes and bounds approval). The parcel from which it would be split is approximately 39.59 acres.

� Septic System Status: The property is served by ALASD sewer.

� Natural Features:

Floodplain: The property is not within an identified floodplain.

Bluff/Steep Slopes: The site is relatively flat and does not contain any bluffs or steep slopes.

Wetlands: There are numerous wetlands on the 39 acre property and 2-3 that would be on the 10 acre parcel being split on the west side. None of these are in the area of the proposed home or the home to be removed.

Trees:

� Permit History:

The existing lots contains several signiiccant stands of what appear to be planted pine trees. It appears that a few trees would need to be removed to accommodate the proposed home, although these would be not be part of these large stands of trees.

o 1998 – septic system

o 1991 – 45’ x 54’ machine shed


Applicable Statutes/Ordinances:

SECTION III. ZONING DISTRICT REGULATIONS

B. Uses Permitted. The following set of tables establishes the uses permitted, permitted by conditional or interim use permit, or not permitted. All uses are subject to the requirements or performance standards of this ordinance. Performance standards applicable to uses in all zoning districts are given in Section V.

RESIDENTIAL USES RCR RR UR RS CS C-U C-R I Dwelling

Single Family P P P P CU CU CU CU Second single family on a

parcel X X X X X X X X

Staff Findings: The following findings of fact are presented by Staff for consideration by the Planning Commission:

1. The use will not create an excessive burden on existing parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area:

No. No additional burden on parks or schools or any other public facilities and utilities would be expected because the application involves replacing one single-family home with another.

2. The use will be sufficiently compatible or separated by distance or screening from adjacent agricultural or residentially zoned or used land so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land:

Yes. The use of the property will not change and it will not impact the ability of adjacent vacant land to develop.

3. The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties:

Yes. The new house would likely improve the appearance of the property.

4. The use in the opinion of the Town Board is reasonably related to the overall needs of the Township and to the existing land use:

Yes. The Township has a general interest in seeing properties improved and invested in by landowners.

5. The use is consistent with the purposes of the Zoning Ordinance and the purposes of the zoning district in which the applicant intends to located the proposed use:


Yes. The area of the proposed development has been zoned as “Urban Residential.” The purpose of this district is:

Urban Residential (UR):

The proposed use is the same as the current use – residential development served by ALASD sewer.

The Urban Residential district is intended to provide opportunities for urban density (two to three dwelling units per acre) residential development in areas that are most readily served by urban infrastructure and services. Areas chosen for this district are within existing or planned public sewer district service areas. Proposed residential developments that would create oversized lots would be reviewed to facilitate an efficient and orderly transition to urban densities at a future date should landowners choose to do so.

6. The use is in conformance with the Comprehensive Plan of the Township:

Yes. The comprehensive plan identifies the area of the proposed development in the Future Land Use Map as Urban Residential:

Urban Residential:

Typical “lot-block” or “conservation” subdivision designs are both considered appropriate in these areas. Where sensitive or unique natural or cultural resources, such as wetlands, shoreland, etc. are present, a conservation subdivision design with lower densities that protects these resources may be required. Long-term commercial/industrial uses that are incompatible with residential uses should not be allowed in this district.”

The purpose of this land use category is to provide opportunities for urban density housing in areas that are most readily served by urban infrastructure and services. This category is intended for areas that are currently served by Alexandria Area Sanitary Sewer District (ALASD) infrastructure or are within the identified future service area of ALASD. Within these areas, new residential development will be reviewed to ensure that the proposed density, dimensions, and layout of lots will allow for the efficient use of public infrastructure and the cost-effective provision of public services. A gross urban density of two to three dwelling units per acre or higher is intended for these areas. Proposed subdivisions that would create oversized lots would be reviewed to allow for a transition to urban densities of housing in an orderly and efficient manner. This may be accomplished through ghost platting, conservation subdivision designs that cluster homes on urban-sized lots, provision of urban sewer or road infrastructure at the time of development, or by other appropriate means.

The proposed use is the same as the current use – residential development served by ALASD sewer.

7. The use will not create a traffic hazard or congestion:


Yes. The proposed use will not create any more traffic hazard or congestion than already exists. Traffic levels would be those associated with any signle-family use.

Planning Commission Direction: The Planning Commission may recommend approval of the proposed use as a conditional use, denial of the request(s), or table the request(s) if the Commission should need additional information from the applicant. If the Commission should approve or deny the request, the Commission should state the findings which support either of these actions. Staff Recommendation: Based on the findings of fact and discussion listed above, Staff recommends the application be approved as presented. If the conditional use is approved, Staff recommends consideration of the following conditions of approval:

1. That the existing home be removed within thirty (30) days of the completion of the new home.

2. That the home be connected to ALASD sewer as per ALASD policy.

3. That no additional entrances from County Road 82 be constructed, nor the existing entrance moved, without approval from the Douglas County Highway Department.

Douglas County, MN - Map

Douglas County, MN - Map

PIN: 03-1836-000Taxpayer: FELDHAKE/JAMIE RGIS Acres: 39.59Water Acres: 6.73ROW Acres: 1.52

Tax Desc.: SE4NW4 EX .58 AC (PARCEL 231 MDOT R/WHWY 27) AC 39.42

Plat Desc.: Section: 23Township: 128Range: 37 Other Interest:

Disclaimer: Douglas County does not warrant or guarantee the accuracy of the data.The data is meant for reference purposes only and should not be used for official decisions.If you have questions regarding the data presented in this map, please contact the Douglas County GIS Department.

Map created on Apr 15, 2014 6:23. This information is to be used for reference purposes only.Copyright © 2006 Douglas County GIS, All Rights Reserved

Alexandria Township Old Business - 1 April 28, 2014

OTHER BUSINESS

Application: Conditional Use Permit application to allow for temporary use of a dwelling while a new dwelling is constructed.

Agenda Item: Old Business - 1 Background Information:

The Planning Commission recently directed Staff to present draft amendments to the regulations affecting accessory buildings. The intent was to clarify how sidewall height” and “story” are defined as well as to ensure that such buildings fit in well with the neighborhood and other buildings on the lot.

Staff has enclosed some draft language to continue that discussion. A public hearing, if any changes are desired, would need to be scheduled at a future date.

Section 5 – Performance Standards Zoning Ordinance – Alexandria Township, Minnesota Effective January 2013

97

J. ACCESSORY BUILDING

To provide a higher development standard and to control the size and number of accessory buildings in a residential setting. This section shall be applicable to all parcels of land within the Urban Residential62 or shoreland districts that contain five acres or less. 1. General Provisions.63

a. No detached accessory structure shall be utilized for human habitation unless specifically approved as a guest cottage.

b. A garage not exceeding 1200 square feet shall be considered an integral part of the principal building if it is attached to the principal building by a common sidewallor is connected to it by a covered passageway. As such, an attached garage is not included as an accessory building and is exempt from the provisions in this subsection.

c. The floor area of all accessory structures shall not exceed 1500 square feet total. Semi-enclosed or roofed structures, such as attached lean-tos, gazebos, screen porches/patios or other similar structures shall be considered accessory structures for the purposes of this section.64 Up to 1200 square feet of an attached garage shall not count against the 1500 square foot limit.

d. No permit shall be issued for the construction of more than two (2) accessory storage buildings, even if the total allowable square footage (1500 square feet) has not previously been exceeded.

e. The maximum sidewall height of a detached accessory building shall not exceed twelve (12) feet. Attached accessory buildings are not subject to this maximum sidewall height.

f. The roof pitch of a detached accessory building is not to exceed 6/12. For roof styles other than pitched roofs, the pitch may be steeper at points provided the highest peak of the roof does not exceed the height that the highest peak of a 6/12 gable roof would reach.

g. Galvanized surfaces shall be prohibited on all accessory buildings.

h. No detached accessory structure shall be over one story in height. Any area within the rafters of the roof shall not be used for anything other than storage and shall not contain any windows or otherwise be designed as living space.

K. RECREATIONAL EQUIPMENT (Recreational Vehicle)

To provide standards for recreational equipment utilized as temporary living quarters during recreational/vacation or other activities without the infringement upon and/or depreciation of neighborhood or adjacent properties.

62

Amended 7/2/2007 (Resolution #07-09) 63 Amended 3/21/2011 (Resolution #11-02) 64 Amended 12/17/2007 (Resolution #07-20)

Section 7 – Definitions Zoning Ordinance – Alexandria Township, Minnesota Effective January 2013

180

SHORELAND ALTERATIONS - Grading and filling in shoreland areas or any alteration of the natural topography of a shoreland subject to the provisions of this Ordinance.

SIDEWALL HEIGHT, ACCESSORY STRUCTURES – The vertical distance between the lowest ground level to the highest eaveand the point where the wall meets the roof truss. SIGN - Any device designed to inform or attract the attention of persons not on the premises on which the sign is located; provided, however, that the following shall not be included in the application of the regulations herein:

A. Signs not exceeding one (1) square foot in area and bearing only property numbers, postal box numbers, names of occupants on premises or other identification of premises not having commercial connotations.

B. Flags and insignia of any government except when displayed in connection with commercial promotion.

C. Legal notices, identification, information or directional signs erected or required by governmental bodies.

D. Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or moving lights.

E. Signs directing and guiding traffic, but bearing no advertising matter. F. Warning signs posted by public utilities.

SIGN, ADVERTISING - A sign which directs attention to a business, commodity service, activity or entertainment not necessarily conducted, sold or offered upon the premises where such sign is located. SIGN, BILLBOARD120 - Sign structures that are periodically re-faced with paper or other form of regularly changing media, including electronic media. SIGN, FREESTANDING - A portable sign whose supporting structures are not embedded in the ground, affixed to a wall or side of a building or to a roof. SIGN, GROUND - A device whose supporting structures are embedded in the ground. SIGN, PROFESSIONAL - A sign which directs attention to a business or profession or to a commodity, service or entertainment sold or offered upon the premises where such sign is located. SIGN, ROOF - A device whose supporting structures are affixed to a roof. SIGN, SURFACE AREA OF - The entire area within a single continuous perimeter enclosing the extreme limits of the actual sign surface. It does not include any structural elements outside the limits of such sign not forming an integral part of the display. Only one side of a double-face or V-type sign structure shall be used in computing total surface area. SIGN, WALL - A device whose supporting structures are affixed to a wall or side of a building.


Ben Oleson

Rectangle

Section 7 – Definitions Zoning Ordinance – Alexandria Township, Minnesota Effective January 2013

183

STORY - That portion of a building included between the surface of any floor and the surface of the floor next above, or if there is no floor above, then the space between such floor and the ceiling or roof above. For the purpose of height regulations a basement shall not be counted as a story. STRING LINE TEST - A method of establishing a structure setback line by using the closest adjacent points of the principal structure on the two immediately adjacent lots. In the event that there is no structure of like use on one of the immediately adjacent lots, the normal building setback line shall be used. STRUCTURE - Any building or appurtenance, including decks and patios, except aerial or underground utility lines, such as: sewer, electric, telephone, telegraph, gas lines, towers, poles, and other supporting facilities. SUBDIVISION - The division or re-division of a lot, tract or parcel of land, regardless of how it is to be used, into two or more lots designated by plat, metes and bounds, registered land survey, auditors plat or other accepted means. SUBSTANDARD SSTS STSTEM – An existing SSTS not meeting the system requirements defined in this ordinance and Minn. R. chs. 7080-7083. SURFACE WATERS - All streams, lakes, ponds, marshes, wetlands, reservoirs, springs, rivers, drainage systems, waterways, watercourses, and irrigation systems. TEMPORARY EROSION PROTECTION - Methods employed to prevent erosion. Examples of temporary cover include; straw, wood fiber blanket, wood chips, and erosion netting. TEMPORARY LIVING QUARTERS - A structure is considered to provide temporary living quarters if it:

A. Is not used as the residence of the owner or occupant;

B. Is used for temporary living quarters by the owner or occupant while engaged in recreational or vacation activities; and

C. Is self-propelled or towed on the public streets or highways incidental to the recreational or vacation activities.

TOE OF THE BLUFF: - The lower point on a bluff where there is, as visually observed, a clearly identifiable break in the slope from a gentler to a steeper slope above. If no break in the slope is apparent, the toe of the bluff shall be determined to be the lower end of a fifty (50) foot segment, measured on the ground, with an average slope exceeding eighteen percent (18%). TOP OF THE BLUFF - The point on a bluff where there is, as visually observed, a clearly identifiable break in the slope, from steeper to gentler slope above. If no break is apparent, the top of the bluff shall be determined to be the upper end of a fifty (50) foot segment, measured on the ground, with an average slope exceeding eighteen percent (18%). TOWNSHIP – Alexandria Township or Alexandria Township Board of Supervisors, unless otherwise specified.

ALXT PC agenda 042814 · Discussion – Comprehensive Plan Update Adjournment **NOTE: This is a...

Documents

Transcript of ALXT PC agenda 042814 · Discussion – Comprehensive Plan Update Adjournment **NOTE: This is a...