To navigate through agenda, click on the bookmark icon on the left hand side to open bookmarks/links. WASECA COUNTY PLANNING COMMISSION MEETING

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1 To navigate through agenda, click on the bookmark icon on the left hand side to open bookmarks/links. WASECA COUNTY PLANNING COMMISSION MEETING September 5, :00 P.M. WASECA COUNTY EAST ANNEX A G E N D A 1. CALL TO ORDER/ESTABLISH A QUORUM 2. APPROVAL OF AGENDA 3. REVIEW/APPROVAL OF MINUTES - July 11, PUBLIC HEARINGS a) Midcontinent Communications requests an amendment to an existing conditional use permit to add a 16 x 24 addition onto an existing equipment and storage facility at a site located in the A-1 Agricultural Protection District, Section 19, SE1/4 of SE1/4, Blooming Grove Township, T108N R22W. b) Andy and Sarah Arnoldt request Zoning Ordinance Amendment to the Waseca County Unified Development Code to include pet cremation as a permitted land use in the A-1 Agricultural Protection District in Waseca County. Amendment to the code to create standards for pet cremation will also be included. c) Zoning Map Amendment and amendment to the Waseca County Unified Development Code to change Article 6 Zoning District Regulations, Section 14 LR Limited Residential District around Lake Elysian, a Recreational Development Lake. The amendment would adjust the LR Limited District to follow the East Elysian Lake Road and certain small tracts on the east side of Lake Elysian and would follow certain quarter section lines and the West Elysian Lake Road on the west side of the lake. The feedlot setback would extend 1000 from the new district boundary line. The purpose of the Page 1 of 2

2 Limited Residential District is to implement the following objectives, based on the goals and policies of the Waseca County Comprehensive Plan: (a) Allow limited residential development within the Shoreland Overlay District of the General Development and Recreational Development Lakes, as shown on the approved Zoning Map, and in areas between General Development Lakes and Natural Environment Lakes where a parcel is: (i) within one (1) mile of a General Development as shown on the approved Zoning Map; and (ii) The goal is to allow growth in areas that are not wellsuited for agricultural use because of soil type, topography, vegetation, or other factors. Residential uses should be designed and located so as to minimize impact on natural and scenic resources. Residential uses should not interfere with existing agricultural operations. (b) Promote conservation subdivision design in order to maintain contiguous blocks of economically viable agricultural land, woodlands and open space and to preserve scenic views, natural drainage systems and other desirable features of the natural environment; (c) Provide flexibility, innovation and creativity in development of lands with proximity to General Development and Recreational Development Lakes that is subject to development pressure. 5. MISCELLANEOUS 6. ADJOURNMENT AGENDAS AND ATTACHMENTS CAN ALSO BE FOUND ON THE COUNTY WEBSITE AT Page 2 of 2

3 Waseca County Planning Commission Minutes of July 11, 2013 Draft CALL TO ORDER/ESTABLISH A QUORUM Chair Leon Schoenrock called the Waseca County Planning Commission meeting to order at 8:00 p.m. at the Waseca County East Annex building. A quorum was established to conduct business. MEMBERS PRESENT Mike Hintz, DeAnne Malterer, Marv Pearson, Leon Schoenrock, Mark Sommers MEMBERS ABSENT Russ Frederick, Jason Folie STAFF PRESENT Mark Leiferman, Paul Dressler, Laura Rohde OTHERS PRESENT Applicants: Robert & Sean Holmes APPROVAL OF AGENDA Motion by Hintz, seconded by Malterer to approve the agenda. Motion carried unanimously. APPROVAL OF MINUTES June 13, 2013 Hintz noted a correction to the minutes in Members Present to delete his name as he was not present. Malterer made motion to approve the minutes as amended; Sommers seconded. Motion carried unanimously. PUBLIC HEARING Robert and Sean Holmes request conditional use permit to operate agricultural chemical sales (mini-bulk pesticide and herbicide) in an existing building that will also be used also for seed sales and storage on property owned by the Robert & Wendy Holmes Trustees. Freedom Township, Section 34, T106N R24W, (Part of the NE ¼ SW ¼), 80 acres. Zoned (A-1) Agricultural Preservation. Leiferman outlined information from the staff report sent to commission members in a Power Point presentation which is also maintained in the file regarding this request. The Land Use Plan designates this area as A-1 Agricultural Preservation. Leiferman provided the following synopsis of the project as contained in the staff report: Robert and Sean Holmes propose to operate an agricultural chemical (pesticide and herbicide) sales facility in an existing storage shed and office that has been adapted and appears to meet Minnesota pesticide storage license requirements on a site that is owned by the Robert Holmes Trust property. The facility currently is utilized for seed storage. The structure is 7,200 square feet in size (72 feet x 100 feet) with a 576 square foot (24 feet x 24 feet) office attached to the main shed. The office contains a Page 1 of 9 This document is a draft. It has not been reviewed for accuracy, nor has the Planning Commission approved this document as an accurate reflection of the minutes of the Planning Commission meeting held July 11, 2013.

4 Waseca County Planning Commission Minutes of July 11, 2013 Draft handicap accessible bathroom and a Handicap Parking space sign is affixed to the exterior structure near the office (no photograph available). Loading of product into the structure by trucks (including semi-trucks) can easily be accommodated. To address the issue of secondary containment, the storage facility has floors that slope to the center of the structure with a sealed sump hole in the center. The concrete was poured to create a hump or lift approximately three inches high on the southerly side of the structure where there is a large door suitable for large deliver and pick-up by semitrucks and a smaller door to accommodate smaller trucks. Containment shall be maintained as secondary containment within the building by a 3 inch concrete hump or lift and metal L iron welded as the seams and attached and caulked to the floor; the building is also designed with a slightly concave floor which slopes inward toward a containment drain designed to hold any contaminating substances. This hump will keep liquids inside the structure if there is a spill. Around the exterior, the applicants have placed L iron with welded seams approximately 3 inches high to create the secondary containment area. Certain items will be stored on shelves or pallets to reduce the amount of displacement caused by these items. Leiferman s presentation included information that the topography of the area gently slopes to the southwest towards the Cobb River located approximately 1,290 feet from the storage shed that will contain the chemicals (elevation drop of approximately 40 feet from 1,080 to 1,040), and that the National Wetlands Inventory indicates that the site is not listed on the Inventory. The proposed site is not located within or near a flood plain and no tile inlets appear to exist near the site. The proposed site will not contain a perimeter berm to mitigate potential pollution problems. Leiferman outlined the following issues to consider regarding the request: 1. The applicants have indicated that the pesticide/herbicide products that they will be selling will come in bulk tanks, as prepackaged mini-bulk units and as dry product. There is a chance that spills could occur due to container breakage or repackaging. The applicants will need to follow any state and federal guidelines and rules regarding the use and handling of these products. Containment will be required to accommodate the spill or leakage of chemicals. An emergency response plan will also be required. No wetland delineation has been completed as part of this application. If the bulk oil and gas tanks are relocated, secondary containment should be installed at the relocated site. 2. The handicapped accessible restroom is located within office in the structure. The drive area appears large enough to accommodate handicap parking. Leiferman s presentation also included information and standards from the MN Department of Agriculture on handling and storage of chemicals: Mini-bulk Pesticide means a liquid pesticide that is held in an individual container of at least 56 U.S. but not greater than 499 U.S. gallons, or an amount Page 2 of 9 This document is a draft. It has not been reviewed for accuracy, nor has the Planning Commission approved this document as an accurate reflection of the minutes of the Planning Commission meeting held July 11, 2013.

5 Waseca County Planning Commission Minutes of July 11, 2013 Draft of dry pesticide of 100 lbs. but not greater than 400 lbs. (MINNESOTA RULES PART , SUBP. 13.) Mini-bulk tanks must be stored in secondary containment. The capacity of the secondary containment area must be a minimum of 110% of the largest mini-bulk container in the containment area. Displacement of other tanks must also be calculated as well. Elevating mini-bulks on metal stands or pallets equal to the height of the containment wall will eliminate any displacement volume and will ease access to mini-bulks in the containment area. All mini-bulk tanks must be placed a minimum of one foot from the secondary containment wall or curb. The secondary containment may not contain a drain or other similar opening. If such an opening exists it must be permanently plugged to prevent an incident. Anytime liquid bulk pesticides are transferred from a mini-bulk container for the purpose of impregnating fertilizer, filling application equipment for filling another bulk container a load area is required. Facilities storing mini-bulks of a rated capacity of 56 to 249 U.S. gallons must have a load area with a minimum capacity of 250 U.S. gallons. If a sump is constructed in the load area it must comply with MINNESOTA RULES PART (See fact sheet Pesticide Storage- Bulk Requirements.) Load areas must be properly maintained. Cracks must be repaired as needed and remain liquid tight. Load areas for dry bulk pesticides transfers do not require a 3-inch high curb but do require a load area constructed of impervious materials and must be elevated above the ground level Load areas for liquid bulk pesticide transfers must have a minimum 3 high curb regardless of the size. It must be constructed of concrete, metal or other Commissioner-approved materials. Facilities storing mini-bulks of a rated capacity of 250 to 400 U.S. gallons must have a load area with a minimum capacity of 500 U.S. gallons. In consideration of these issues and the zoning ordinance standards, Leiferman read the following proposed conditions if the Commission recommends approval of the request: Standards/Regulations: 1) All County, State, and Federal laws, regulations, and ordinances shall be complied with and all necessary permits and licensures, including, but not limited to a Minnesota Department of agriculture permit and any other required licenses or permits shall be maintained while the facility is in use, and a copy of these permits and licenses provided to the Waseca County Planning & Zoning Department. Page 3 of 9 This document is a draft. It has not been reviewed for accuracy, nor has the Planning Commission approved this document as an accurate reflection of the minutes of the Planning Commission meeting held July 11, 2013.

6 Waseca County Planning Commission Minutes of July 11, 2013 Draft Environmental 2) No wetlands delineation was required as part of this request. 3) A spill containment system will need to be maintained and properly employed as required by state and federal law. Unified Development Code: 4) No parking shall be allowed upon the access road of the facility and no parking shall be allowed in the County road right-of-way. It shall be the responsibility of the applicant to monitor such parking area to comply with these conditions. Statutory Handicap Accessibility Code shall be met or exceeded for parking and public facilities and appropriately marked. 5) All signage must comply with the provisions of the Waseca County Ordinance, and be located out of road right-of-ways. Site Development, Access, Parking, Landscaping (Note added condition as shown on page 8 of these minutes) 6) Non-paved parking and traffic areas shall be treated to control dust as necessary. 7) Garbage shall be disposed of by proper disposal methods and provided for on a regular basis so as not to accumulate, overflow, or create nuisance debris. 8) The site shall not be used as a junk yard or scrap yard. All refuse shall be properly disposed of. The site shall be kept tidy and not unsightly. Public Health/Safety 9) An emergency response plan shall be submitted to local fire department(s), law enforcement agencies, and Waseca County Department of Emergency Management and the Planning and Zoning Office for review and inclusion of department files for the proposed property. Information shall include spill prevention and clean up, taking into account topography, tile lines, and runoff. 10) A closure plan for the proposed facility shall be submitted within ten (10) working days after recommendation for approval of the Planning Commission to the Board of Commissioners. 11) The applicant shall submit a Certificate of Liability Insurance annually to the Planning and Zoning Administrator for inclusion in the department files for this property. 12) All lighting shall be directed downward to minimize glare to adjacent properties and public roadways. Lighting plans shall be included in the final site plan for review by the Zoning Administrator prior to signing any building permits. 13) Precautionary measures consisting of a locked building entrance shall be required to prevent unlawful access to the chemicals stored. Advertising Sign 14) The sign shall be kept in a neat and tidy condition at all times and kept free of any noxious weeds. All signage must comply with the provisions of the Waseca County Ordinance, and be located out of road right-of-ways. Page 4 of 9 This document is a draft. It has not been reviewed for accuracy, nor has the Planning Commission approved this document as an accurate reflection of the minutes of the Planning Commission meeting held July 11, 2013.

7 Waseca County Planning Commission Minutes of July 11, 2013 Draft Duration 15) A conditional use permit shall become void one (1) year after being granted by the County Board unless used or if discontinued for a period of ninety (90) days. Failure to commence, or complete, or both, such action within the time limit set shall void the conditional use permit. 22) Failure to comply with any of the above-listed conditions shall be grounds for suspension or revocation of the conditional use permit. This Conditional Use Permit may be reviewed upon an annual basis and shall be subject to cancellation, revocation or modification at the discretion of the Waseca County Board of Commissioners for any violation of the above listed conditions or any additions or modifications deemed necessary. The Planning and Zoning Staff will be allowed access to the site at verify that all conditions of the permit are being met. 16) Any plans for expansion shall require review by Waseca County to make a determination of whether or not an amended or new conditional use permit application process will be necessary. Such expansion includes the addition of bulk storage tanks or an increase in the approved container sizes. Leiferman also read the following criteria analysis for the Commission s review and consideration: (a) Will the proposed use have an impact (adverse) on the health, safety, and general welfare of the occupants in the surrounding neighborhood? - The Planning Staff finds that the public s health, safety, comfort, morals and general welfare are adequately protected due to the fact that 16 conditions have been placed upon the applicant s permit, and since the applicant has received a license from Minnesota Department of Agriculture. (b) Will the proposed use have an adverse impact on traffic conditions including parking? - The Planning Staff finds that adequate measures are being provided to eliminate any traffic hazard which may result from the proposed use because all parking is required to be on site. (c) Are there adequate public utilities, public services, roads, and schools to support the proposed use of the property? - Utilities have been installed at the facility at the present time. CSAH 3 is a nine (9) ton road suitable for serving this use. (d) Will the proposed use have an effect (adverse) on property values or future development of land in the surrounding neighborhood? - The Planning Staff finds that the proposed use will not be injurious to the use and enjoyment or have a negative impact on adjacent property values in the immediate vicinity due to the remote nature of the parcel and the distance between this site and the residents of adjacent properties. (e) Is the proposed use of the property consistent with the goals and policies adopted in the Comprehensive Plan? - The Planning Staff finds that the proposed use is compatible with the uses within the district and is of the same general character as those of the district. Page 5 of 9 This document is a draft. It has not been reviewed for accuracy, nor has the Planning Commission approved this document as an accurate reflection of the minutes of the Planning Commission meeting held July 11, 2013.

8 Waseca County Planning Commission Minutes of July 11, 2013 Draft - The Planning Staff finds that the proposed use conforms to the Waseca County Land Use Plan. (f) Does the proposed use meet the standards of the Zoning Ordinance including that the use is allowed with a Conditional Use Permit in the designated zoning district in which it is proposed? - The Unified Development Code (UDC) allows the proposed use as a conditional use. The Planning Staff understands that State and Federal laws also regulates the sale and transportation, storage and handling of ag chemicals to safeguard the public. (g) Will the proposed use have an effect (adverse) on the environment, including pollution and including impacts on groundwater, surface water and surface water runoff, and air quality? - The proposal does not have an adverse impact on the environment and poses minimal threat to groundwater, surface water or to air quality if all standards and requirements are adhered to. (h) Will the proposed use have an effect (adverse) on existing natural, historic, or scenic views or features in the surrounding neighborhood? - The Planning Staff does not foresee that the proposed application will have a detrimental or adverse effect on the existing natural, historic, scenic views or features of the surrounding neighborhood. (i) Are there other provisions within the Unified Development Code, Minnesota State Law or Federal law that will impact the approval of the Conditional Use Permit? - The applicant will be required to maintain his permits and or licenses from the Minnesota Department of Agriculture or Minnesota Pollution Control Agency. In addition to the provisions in Conditional Use Permit section of the Uniform Development Code (UDC) the plans must address conformity of the proposed use with the Waseca County Farmland Preservation Plan. These issues are as follows: a) Development must not interfere with ongoing agricultural practices on adjacent lands. Proposed uses with conditions may not interfere with ongoing agricultural practices on adjacent land if applicant is aware that he/she, patrons and participants may be subject to ongoing agricultural practices which shall be but not limited to the spraying or spreading of manure, fertilizers, chemicals etc, or the construction or development of crops and possibly feedlots in the vicinity. This would include the impact of farm animals. b) Development must not alter the overall stability of land use in the area. Since the operation will be contained within a structure within the farm site of the applicant it should not impact the agricultural use within the vicinity. Page 6 of 9 This document is a draft. It has not been reviewed for accuracy, nor has the Planning Commission approved this document as an accurate reflection of the minutes of the Planning Commission meeting held July 11, 2013.

9 Waseca County Planning Commission Minutes of July 11, 2013 Draft c) Development must be situated on land unsuitable or impractical for the production of farm crops. The site is currently within the farm site of the applicant and the surrounding land is being cropped. The site has not been cropped recently. d) Impact on the environmental sensitivity of the area must be considered. Impact on the environmental sensitivity has been considered and the applicant has received a license to operate from the Minnesota Department of Agriculture. e) Soil suitability for on-site septic system must be considered. Not applicable as the septic system for the property exists on-site. f) Only commercial uses clearly related to or compatible with agricultural production should be allowed in the district. The proposed use is related or compatible with agricultural production because it serves the agricultural community. g) Unsewered industrial, commercial or residential development within reasonable proximity to municipal sewer and water services shall be discouraged. This provision is not applicable as the proposed use is not located within a reasonable proximity to municipal services for such sewer or water and the project does not include these kinds of services. h) Spot commercial development is discouraged. This land use is currently a conditional use in the Agricultural District and similar facilities are located throughout areas zoned agriculture. i) Proper screening by use of plantings, berms, and fencing should be undertaken to minimize adverse impacts on adjacent land use. This site is located 800 plus feet from County road No. 3 behind several bins and other structures. Leiferman indicated that staff recommends approval of the request as outlined and contingent upon the above conditions: Chairman Schoenrock opened the public hearing at 8:16 p.m. and closed it at 8:32 p.m. The applicants Robert and Sean Holmes were present. There were no members of the public in attendance. Leiferman informed the Commission that no comments were received from Freedom Township regarding this application. The applicant stated that they believe the well is from the structure. Sarah Berry from Waseca County Public Health had commented in an prior to the meeting that the required setback from the well Page 7 of 9 This document is a draft. It has not been reviewed for accuracy, nor has the Planning Commission approved this document as an accurate reflection of the minutes of the Planning Commission meeting held July 11, 2013.

10 Waseca County Planning Commission Minutes of July 11, 2013 Draft should be 50 from the chemical storage or equipment filling area, and if storage, filling or cleaning is done outside with safeguards, that distance doubles, and without safeguards it increases to 150. She also commented that there are no records on file of the type nor approval of the septic system at the site. Ms. Berry recommends that the applicants have a septic compliance check completed on the property and submitted to the Waseca County Public Health Department, and be asked to verify that the well is at least 50 feet from the structure and 150 feet from any exterior areas where equipment may be cleaned, as noted above. Applicant Sean Holmes testified that they ve operated this business for a number of years without any incidents, and they sell see and chemicals and didn t know they needed a conditional use permit. Schoenrock asked if their intent is to store fertilizer, and Sean Holmes stated they have no intention of storing bulk fertilizer. Malterer asked for clarification on the City of Waldorf jurisdiction since the site is adjacent to city limits, and Leiferman explained that they may exercise subdivision control regarding lot sizes, etc. He indicated that the City of Janesville has subdivision jurisdiction within half-mile of their limits, and the City of Waseca has subdivision jurisdiction within 2 miles, as allowed per Minnesota Statute. The Planning Commission discussed the provisions of the Waseca County Unified Development Code and Ordinances from the Public Health Department which are applicable to this request in Waseca County, and the conditions and criteria as read. Hintz made motion and Malterer seconded to concur with the criteria as discussed. Motion carried unanimously. Malterer made motion and Hintz seconded to amend the conditions to add the recommendations from Sarah Berry of Waseca County Public Health regarding the well and septic, and add that condition for a total of 17 conditions. Site Development, Well and Septic System, Access, Parking, Landscaping 6) The applicants shall submit a certificate of compliance to Waseca County Public Health Department for the subsurface sewage treatment system (and construct/upgrade the SSTS as required), and shall verify the distance as required for the ag chemical structure and outside storage, filling or cleaning of these ag chemicals. Motion carried unanimously. Sommers made motion and Pearson seconded to recommend approval of the request as outlined in the record to the Board of Commissioners with the conditions as amended. Motion carried unanimously. Page 8 of 9 This document is a draft. It has not been reviewed for accuracy, nor has the Planning Commission approved this document as an accurate reflection of the minutes of the Planning Commission meeting held July 11, 2013.

11 Waseca County Planning Commission Minutes of July 11, 2013 Draft MISCELLANEOUS Hintz requested that staff research the Unified Development Code and report back to the Commission regarding Planning Commission membership and absences. ADJOURNMENT Malterer made motion to adjourn the meeting; Pearson seconded. Motion carried unanimously. The meeting was adjourned at 8:32 p.m. Page 9 of 9 This document is a draft. It has not been reviewed for accuracy, nor has the Planning Commission approved this document as an accurate reflection of the minutes of the Planning Commission meeting held July 11, 2013.

12 WASECA COUNTY PLANNING AND ZONING COMMISSION CONDITIONAL USE PERMIT AMENDMENT APPLICATION Communications Tower MEETING DATE: September 5, :00 p.m. Midcontinent Communications State Highway 13 Waseca, MN REPORTED BY: Figure 1. Photo of primary structure on the site. Mark Leiferman Waseca County Planning Zoning Administrator Figure 2. Aerial view of the property (site shown in blue). ATTACHMENTS: Attachment A - Legal Description Attachment B - Staff Recommended Conditions Attachment C - Criteria for Approval Attachment D - Requirements for Denial Attachment E - Applicant Information

13 REQUEST: Midcontinent Communications requests an amendment to an existing conditional use permit to add a 16 x 24 addition onto an existing equipment and storage facility at the site. APPLICANT: Midcontinent Communications 3600 S Minnesota Dr, Minneapolis MN Applicant Phone: James Ireland: Location: Township: Sec. 19, Twp 108 North, Range 22 West Blooming Grove Township LEGAL DESCRIPTION OF LAND: See Attachment A. APPLICATION SUBMITTED: August 9, 2013 First Class Notices sent: owners of 13 properties, 5 Twp Bd Members August 23, days from date of application: October 7, days from date of application: December 6, 2013 Planning Commission Public Hearing held: September 5, 2013 Forwarded to the Waseca County Board of Commissioners September 17, 2013 Figure 2. Notices Sent.

14 COMPREHENSIVE PLAN: The Land Use Plan contained within the Waseca County Comprehensive Plan calls for the area for agricultural purposes. The purpose of this area is to preserve the land for farming and other open space land uses. It is also the intent to allow essential public utilities within these areas. Communications towers have become utilities that are critical for urban and rural populations. Subject Property UNIFIED DEVELOPMENT CODE (UDC): The Unified Development Code for Waseca County places the property in the A-1, Agricultural Protection District. Communication towers are a conditional use in the district. The Unified Development Code lists antennae, radio, television and communication facilities as conditional uses. Essential services are also listed as conditional uses. The code also has a section dedicated to tower sites as shown below. Figure 3. Comprehensive Plan Map Figure 4. Blooming Grove Township Zoning Map

15 Article 6 Zoning District Regulations Section 8 A-1 Agricultural Protection District Standards 3. Conditional Uses (See Article 4 for Accessory Uses) (cc) Antennae for radio, television, and communication facilities (dd) Essential services, facilities, and structures Section 16 Specific Standards for Commercial and Industrial Uses 30. Towers for Radio, Television, and Communication Facilities (a) Site plan. Site plan review is required. (b) Proof of insurance. The construction contractor of the communication tower must provide proof of insurance or a bond, acceptable to the County Board of Commissioners prior to commencement of construction. (c) Abandonment. All towers and antennas not used for a period of 12 consecutive months shall be considered abandoned and shall be removed. The applicant must furnish a copy of the relevant portion of an executed lease, which identifies the applicant's obligation to remove abandoned or unused towers, concrete footings, anchors, supporting equipment and antennas prior to the issuance of a conditional use permit to erect a tower. The county shall require financial assurances including bonds in an amount sufficient to cover costs of removal of towers, buildings, concrete footings, anchors, supporting equipment and antennas. An engineer's cost estimate which documents removal costs of the tower, building, concrete footings, anchors, supporting equipment and antennas shall be submitted with the conditional use permit application. Such engineer's cost estimate is to assist the board of commissioners in determining the amount of financial assurance necessary to cover removal costs of such towers, buildings, concrete footings, anchors, supporting equipment and antennas. If any towers, buildings, concrete footings, anchors, supporting equipment and antennas have not been removed within 90 days' written notice by the county after abandonment, the county shall have the right to remove the towers, buildings, concrete footings, anchors, supporting equipment and antennas, and assess the property. (d) Lighting. Un-regulated lighting shall be deflected downward and away from road right-of-way and nearby or adjacent residential or agricultural districts. (e) Fall zone. The communication tower shall be setback a distance equal to or greater than 1.1 times the height of the structure from any property line or public right-of-way so that the fall zone is entirely within the property on which the antennae is located. (f) The communication tower and any structures built on the property shall comply with all applicable local, state and federal regulations.

16 ADJACENT PROPERTY USE Midcontinent Communications, Inc. owns 3 acres of land where the existing tower is located. The property is located to the west of the property where Marie Borglum operates a concrete crushing operation and excavating business on several parcels of land. Access to the site is obtained via a 15 foot wide easement through the Borglum site. The areas to the north and west of the site are farmed. Marie Borglum Properties Site Figure 5. Area property uses EXISTING CONDITIONAL USE PERMIT The owners of the property received a conditional use permit to operate a microwave TV signal tower in 1984 with the condition that the proposed use receives FAA approval. BACKGROUND FAIR ACRES STOCK FARMS INC Midcontinent Communications owns and operates this site that receives television signals via microwave and sends these signals back out to towers in various cities in southern Minnesota by antenna. The tower is approximately 300 feet tall. The company uses this site as the area hub for service work for television subscribers in the area. Midcontinent is in the process of converting to fiber optic cable and making improvements to the equipment in the principal structure on the site. This process of installing fiber involves changes to the service lines in the communities they serve and may take five to ten years to complete. In the interim, the tower will continue to be used as it is today. With the modifications that will be occurring, the company may allow the addition of new antennas to the tower for cell phone use in the future. LYNDON J & BRENDA A GERDTS

17 PROJECT PROPOSAL: Midcontinent Communications plans to add a 16 x 24 addition onto their existing 24 x 26 equipment storage facility on the site. The addition will add storage for equipment that is used for day to day service calls made to customers. Figure 6. Staff rendering of the existing facility looking south. Figure 7. Staff rendering of the proposed addition looking south. Addition Figure 8. Survey of the site including the access drive.

18 Figure 9. Enlargement of survey illustrating the location of the addition. Figure 10. Panoramic photograph of the area of the site where the structure to be modified (background) and the tower are located. AGENCY AND PUBLIC COMMENTS: Reports were provided to the following: 1. The Waseca County Engineer 2. The Waseca County Attorney

19 ISSUES WITH THIS REQUEST 1. ACCESS: The existing access to the site is from a narrow 15 foot access drive by recorded easement. 2. ENVIRONMENTAL ISSUES: The current fuel tank is not protected with a secondary containment system. 3. TOWER FALL RADIUS: The current tower does not meet the tower setback standards of the new Waseca County zoning code. CONDITIONAL USE PERMIT AMENDMENT RECOMMENDATION The Zoning Administrator recommends approval of the CUP amendment as described herein, contingent upon accompanying 5 conditions as outlined in this report, if the Planning Commission finds that the use meets the prerequisite criteria of the ordinance to grant the use, and if public safety protection measures are implemented at this site.

20 ATTACHMENT A Legal Description That part of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) of Section Nineteen (19), Township One Hundred Eight (108) North, Range Twenty-two (22) West, Waseca County, Minnesota, described as: Beginning at the Northwest (NW) corner of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) of Section Nineteen (19) (the East line of the Southeast Quarter (SE 1/4) of Section Nineteen (19) to have an assumed bearing of North 00 degrees 14 minutes 15 seconds West); thence South 00 degrees 09 minutes 03 seconds East along the West line of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) of Section Nineteen (19), a distance of Five Hundred Eleven and Thirty Hundredths (511.30) feet; thence North 45 degrees 11 minutes 22 seconds East, Seven Hundred Eighteen and Seventy-eight Hundredths (718.78) feet to a point on the North line of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) of Section Nineteen (19), distant Five Hundred Eleven and Thirty Hundredths (511.30) feet Easterly of the Northwest (NW) corner of said Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) of Section Nineteen (19) as measured along its Northerly boundary; thence North 89 degrees 28 minutes 14 seconds West, along the North line of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) of Section Nineteen (19), a distance of Five Hundred Eleven and Thirty Hundredths, (511.30) feet to the point of beginning. Together with an easement for access purposes Fifteen (15.00) feet in width lying Seven and Fifty Hundredths (7.50) feet on both sides of the following described centerline: Commencing at the Southeast (SE ) corner of Section Nineteen (19); thence North 00 degrees 14 minutes 15 seconds West, (assumed bearing) along the East line of the southeast Quarter (SE 1/4) of Section (19), a distance of Nine Hundred Sixty-one and Zero Hundredths (961.00) feet; thence North 89 degrees 56 minutes 40 seconds West, One Hundred One and Fifty-eight Hundredths (101.58) feet to a point on the Westerly Seventy-five and Zero Hundredths (75.00) foot wide right-of-way line of Minnesota Highway Number Thirteen (13); said point being the point of beginning; thence continuing North 89 degrees 56 minutes 40 seconds West, Seven and Fifty Hundredths (7.50) feet; thence South 00 degrees 03 minutes 20 seconds West along a line parallel with and distant Seven and Fifty Hundredths (7.50) feet Westerly of, as measured at right angles to, the Westerly highway right-ofway line, a distance of Ninety-five and Fifty-three Hundredths (95.53) feet; thence North 89 degrees 10 minutes 06 seconds West, Six Hundred Eighty-eight and Six Hundredths (688.06) feet; thence North 63 degrees 42 minutes 42 seconds West, Three Hundred Forty and Sixty-one Hundredths (340.61) feet to a point on the Southeasterly boundary of the above described parcel distant Three Hundred Four and Five Tenths (304.5) feet Northeasterly of the most Southerly corner of said parcel as measured along its Southeasterly line and there terminating.

21 ATTACHMENT B Midcontinent Communications Communications Tower Amendment to Existing Conditional Use Permit STAFF RECOMMENDED CONDITIONS IF CONSIDERED FOR APPROVAL: The following conditions must be met: 1) All County, State, and Federal laws, regulations, and ordinances shall be complied with and all necessary permits (including the conditions listed under this conditional use permit) and licenses shall be secured prior to operation; and 2) Fuel Storage Permits. The Property Owner/Lessee shall also be responsible to confer with the MPCA regarding the requirements for the storage of Diesel fuels for the backup generator to be located on the site and will be required to employ secondary containment for the fuel storage tank on the site. 3) Removal of Improvements. All towers and antennas not used for a period of 12 consecutive months shall be considered abandoned and shall be removed by the owner/applicant upon discontinuance of its use (within 120 days). The site must then be restored to condition before tower construction as per submitted and approved plan to the Planning & Zoning Office. The county shall require financial assurances including bonds in an amount sufficient to cover costs of removal of towers, buildings, concrete footings, anchors, supporting equipment and antennas. An engineer's cost estimate which documents removal costs of the tower, building, concrete footings, anchors, supporting equipment and antennas shall be submitted with the conditional use permit application. Such engineer's cost estimate is to assist the Board of Commissioners in determining the amount of financial assurance necessary to cover removal costs of such towers, buildings, concrete footings, anchors, supporting equipment and antennas. If any towers, buildings, concrete footings, anchors, supporting equipment and antennas have not been removed within 120 days' written notice by the County after abandonment, the County shall have the right to remove the towers, buildings, concrete footings, anchors, supporting equipment and antennas, and assess the property, and 4) Construction and Site Plans. The Property Owner/Lessee shall construct or carry forth the plan as submitted to the Planning Commission and/or the County Board by the submitted documents of the Conditional Use file or as stated upon the public record. Structural plans prepared must be provided to the Waseca County Planning & Zoning Office along with obtaining an approved zoning permit application for the construction from the Waseca County Planning & Zoning Office. Changes to the plan(s) as submitted or described shall require another public hearing and payment of all associated fees; and 5) Additional Restrictions. The County Board shall reserve the right to impose additional restrictions or conditions to the issuance of a Conditional Use permit, as it deems necessary to protect the public interest. These conditions or restrictions may include matters relating to appearance, lighting, hours of operation and performance characteristics. Restrictive covenants may be entered into regarding such matters, when appropriate. A conditional

22 use permit shall become void one (1) year after being granted by the County Board unless used or if discontinued for a period of ninety (90) days. The County Board may prescribe a different time limit within which the action for which the conditional use is required shall commence, or be completed, or both. Failure to commence, or complete, or both, such action within the time limit set shall void the conditional use permit. Failure to comply with any of the above-listed conditions shall be grounds for suspension or revocation of the conditional use permit. This conditional use permit may be reviewed upon an annual basis and shall be subject to cancellation, revocation or modification at the discretion of the Waseca County Board of Commissioners for any violation of the above listed conditions or any additions or modifications deemed necessary. The Planning and Zoning Staff will be allowed access to the site to verify that all conditions of the permit are being met.

23 ATTACHMENT C - Criteria for Approval CUP Amendment request by MidContinent Communications Planning Commission meeting of September 5, 2013 Criteria for Approval (a) Will the proposed use have an adverse impact on the health, safety, and general welfare of the occupants in the surrounding neighborhood? The Planning Commission finds that the public s health, safety, comfort, morals and general welfare are adequately protected due to the fact that 5 conditions have been placed upon the applicant s permit, and since additional requirements exist by the Federal Communications Administration regarding the tower, and because the request will be reviewed by the County Engineer. (b) Will the proposed use have an adverse impact on traffic conditions including parking? The Planning Commission finds that adequate measures are being provided to eliminate any traffic hazard which may result from the proposed use due to the fact that it is a remote location and, following the installation of the tower, the only required vehicle egress and parking will be from service vehicles entering and leaving to pick up equipment and supplies. (c) Are there adequate public utilities, public services, roads, and schools to support the proposed use of the property? Electricity and phone lines are available from Highway 13. There are no other public utilities. A diesel generator has been installed to provide back-up power and the Owner/Lessee will be required to meet any requirements for the storage and handling of fuels at the site. (d) Will the proposed use have an adverse effect on property values or future development of land in the surrounding neighborhood? The Planning Commission finds that the proposed use will not be injurious to the use and enjoyment or have a negative impact on adjacent property values in the immediate vicinity due to the remote nature of the parcel and since the facility operations will not change significantly from how it has been operated in the past. The parcel that the applicants gain access to their site is used primarily for business purposes. (e) Is the proposed use of the property consistent with the goals and policies adopted in the Comprehensive Plan? The Planning Commission finds the A-1 Agriculture Protection District is the appropriate district for Communications Towers. The Planning Commission finds that the proposed use is compatible with the uses within the district and are of the same general character as those of the district. The Planning Commission finds that the proposed use conforms to the Waseca County Land Use Plan.

24 (f) Does the proposed use meet the standards of the Zoning Ordinance including that the use is allowed with a Conditional Use Permit in the designated zoning district in which it is proposed? The Unified Development Code (UDC) allows communication towers in the Agriculture Protection District by conditional use permit. The Planning Commission understands that state and federal laws also regulate communication towers to safeguard the public. (g) Will the proposed use have an effect (adverse) on the environment, including pollution and including impacts on groundwater, surface water and surface water runoff, and air quality? The use should not change significantly from how the property has been operated in the past and the use should not have an adverse impact on the environment and should pose no threat to groundwater, surface water or to air quality. (h) Will the proposed use have an effect (adverse) on existing natural, historic, or scenic views or features in the surrounding neighborhood? The Planning Commission does not feel that the proposed use will have a detrimental or adverse effect on the existing natural, historic, scenic views or features of the surrounding neighborhood due to the remote nature of the site. (i) Are there other provisions within the Unified Development Code, Minnesota State Law or Federal law that will impact the approval of the Conditional Use Permit? The applicant may be required to obtain permits from the Minnesota Pollution Control Agency, and/or other agencies as previously noted and /or as required.

25 ATTACHMENT D REQUIREMENTS FOR DENIAL: Should the Commission find that the applicants can not demonstrate that this request meets or exceeds the entire prerequisite criteria listed in Attachment C, the CUP must be denied. Where a CUP does not meet the standards for granting a permit set forth in the zoning ordinance, then approval of the permit is likewise arbitrary as a matter of law. (refer: Land Use Regulation in MN, A County Perspective, 6, October 2005, Marcus W. Miller, Chief Civil Division, Office of the Sterns Co. Attorney). FINDINGS OF FACT: A zoning authority must provide specific reasons for land use decisions and memorialize those reasons, either in writing or by stating them orally on the record. The weight of the judicial decisions suggests that those reasons should be made in writing.

26 WASECA COUNTY PLANNING AND ZONING COMMISSION MEETING DATE: September 5, :00 p.m. Request By: Andy & Sarah Arnoldt 214 West South Street P.O. Box 371 Janesville, MN Unified Development Code Modification REQUEST Andy and Sarah Arnoldt request a zoning code amendment to allow a pet crematorium as a permitted use in the A-1 Agriculture Protection District. BACKGROUND The Waseca Sheriff s Department responded to a complaint about odors that were emanating from a property owned by Tad Anderson, th Street Janesville, MN in Alton Township. Law enforcement referred the complaint to the Planning and Zoning Office. Upon investigation, it appears that Andy and Sarah Arnoldt had/have been operating a pet crematorium business at the site known as Loyal Pet Cremation Services with approval of the property owner Tad Anderson. Staff advised the owner by letter that pet crematoriums are currently not a permitted use in the district. Application for an amendment to the code was made by the Arnoldts. PROPOSED CODE AMENDMENTS Additions to the code are shown as underlined. Deletions are shown as strike through. 1. Article 6 Zoning District Regulations Section 16 Standards for Commercial and Industrial Uses Add Pet Crematorium Standards to the code (page 6-3 index) Page 1 of 9

27 Section 16 Specific Standards for Commercial and Industrial Uses Veterinary and Animal Clinic and Facilities for the Care and/or Breeding of Animals Including Kennel and Animal Crematorium ? 2. Article 6 Zoning District Regulations Section 16 Standards for Commercial and Industrial Uses Add standards for Animal Crematorium 32. Veterinary and Animal Clinic and Facilities for the Care and/or Breeding of Animals Including Kennel and Animal Crematorium (a) Site plan. Site plan review shall be required. (b) Facility design. All veterinary clinics or hospitals shall provide indoor facilities having adequate heating, ventilation, and lighting and outdoor facilities having shelter from the elements. Facilities shall have proper drainage and a plan for manure management. (c) Exercise areas. All animal runs or exercise areas shall be located at least one hundred (100) feet from any adjoining property line. Outdoor animal runs or exercise areas are prohibited within the VM Village Mixed-Use District (d) Licenses. Facilities must obtain all required state and federal licenses or operational permits. (e) Parking. Parking and loading shall meet the standards found in Section 15 of this Article. (f) Animal Crematorium. An animal crematorium may be operated in connection with a veterinary clinic or as a stand-alone facility that provides services to a veterinary clinic or clinics. An animal crematorium shall only be used for the disposal of animals. A stand-alone animal crematorium facility shall provide no outside appearance of the operation and shall not include a sign. Stand-alone crematoriums shall pick-up and deliver animals from veterinary clinics and shall have no visitors other than employees or inspectors. Animal pick-up shall be done in leak-proof containers. The following standards for animal crematoriums shall be met: (a) (b) (c) (d) Setback. The crematorium shall be located in a structure and be at least 500 feet from the any residence other than the owner of the property. Site Plan. Site plan review shall be required. Parking. There shall be at least one (1) parking space available for each employee working at the site at any time. Refrigeration. Deceased animals stored on the site prior to disposal shall be kept under refrigeration to eliminate the possibility of odor emanating from the animal. Page 2 of 9

28 (e) Furnaces. The furnaces shall use natural gas or propane as the heat source for the furnace. (f) Performance Standards. Incinerator must be adhere to the Minnesota Pollution Control Agency guidelines as follows: (i) Capable of producing emissions not to exceed 20 percent opacity. (ii) Fitted with an afterburner that maintains flue gases at 1,200 degrees Fahrenheit for at least 0.3 seconds. (iii) Ash from the incinerator must be handled in such a manner as to prevent particulate matter from becoming airborne and shall be properly disposed of. 2. Article 6 Zoning District Regulations Section 8 A-1 Agriculture Protection District Standards Add standards for Crematoriums for pets and animals as either a Permitted Use or by Conditional Use? Section 8 A-1 Agricultural Protection District Standards 2. Permitted Uses (a) Agriculture (b) Feedlots (i) Pursuant to Subsection 6.1(c) i, new feedlots of fifty (50) animal units or more shall obtain a Conditional Use Permit unless recommendations of the Waseca County Feedlot Site Inspection Team are implemented. All sites three thousand (3,000) animal units or larger, using the County Animal Unit value of 0.4 for hogs, shall obtain a County Feedlot Site Inspection Team inspection recommendation and a Conditional Use Permit from the County Board. (ii) Pursuant to Subsection 6.1(c) ix, new animal feedlots are prohibited from locating two thousand six hundred forty (2,640) feet or less from an incorporated municipality, however, new animal feedlots located greater than two thousand six hundred forty (2,640) feet and less than or equal to five thousand two hundred eighty (5,280) feet shall obtain the County Feedlot Site Inspection Team inspection recommendation and a Conditional Use Permit from the County Board. Page 3 of 9

29 (iii) Pursuant to Subsection 6.1(e) iv, the Site Team reserves the right to require the applicant to obtain a conditional use permit for any site it may inspect. (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) (q) (r) (s) (t) (u) Feed and Seed Sales Forestry, production of woodland products, nurseries, tree farms Seasonal produce stands Wildlife area, fish hatchery, and forest preserve owned or operated by governmental agencies Single-family detached dwellings (refer to Density & Other Standards) Accessory dwelling unit Home occupation Licensed residential program (up to 8 residents) Highway maintenance shops and yard Local governmental agency building or facility, community center Parks and public recreation areas Railroad right-of-way, but not including railroad yard Family day care Group family daycare Solar equipment Swimming pool, hot tub Water-oriented accessory structures (docks, lifts, etc) Wind turbine, accessory Animal Crematorium. OR 3. Conditional Uses (See Article 4 for Accessory Uses) (a) Feedlots (i) Pursuant to Subsection 6.1(c) i, new feedlots of fifty (50) animal units or more shall obtain a Conditional Use Permit unless recommendations of the Waseca County Feedlot Site Inspection Team are implemented. All sites three thousand (3,000) animal units or larger, using the County Animal Unit value of 0.4 for hogs, shall obtain a County Feedlot Site Inspection Team inspection recommendation and a Conditional Use Permit from the County Board. Page 4 of 9

30 (ii) Pursuant to Subsection 6.1(c) ix, new animal feedlots are prohibited from locating two thousand six hundred forty (2,640) feet or less from an incorporated municipality, however, new animal feedlots located greater than two thousand six hundred forty (2,640) feet and less than or equal to five thousand two hundred eighty (5,280) feet shall obtain the County Feedlot Site Inspection Team inspection recommendation and a Conditional Use Permit from the County Board. (iii) Pursuant to Subsection 6.1(e) iv, the Site Team reserves the right to require the applicant to obtain a conditional use permit for any site it may inspect. (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) (q) (r) (s) (t) (u) (v) (w) (x) Agricultural chemicals, fertilizer sales Agriculturally-oriented business Ethanol or biofuel production, commercial Grain elevator, grain storage & drying (commercial) Livestock sales barn and accessory facilities Mineral extraction, mining Natural resource manufacturing and processing Two-family dwelling Home occupation Temporary worker housing Cemetery, memorial garden Day care center Religious institution Campground Golf course, country club, driving range Gun or archery range, indoor Gun or archery range, outdoor Hunting club (private), hunting preserve, hunting shacks Organized group camp Organized motor sports: ATVs, trucks, tractors, or motorcycle tracks or trails (not including auto or other vehicle racing, tracks or events) Paint ball course Riding academy, boarding stable Airport, heliport, aircraft rental, sale, servicing, manufacturing, and related services Page 5 of 9

31 (y) (z) (aa) (bb) (cc) (dd) (ee) (ff) (gg) (hh) (ii) Bed and breakfast Veterinary and animal clinic and facilities for the care and/or breeding of animals including kennel and Animal Crematorium Storage, bulk Landfill (sanitary), recycling facility Antennae for radio, television, and communication facilities Essential services, facilities, and structures Wind farm Keeping of animals other than household pets (non-farm) Kennels private Outdoor display Other accessory uses and structures that are incidental to the principal use Accessory uses are subject to the standards found in Articles 3, 4 and 6 of this Ordinance. Page 6 of 9

32 STAFF RECOMMENDATION Staff does not feel that the use will be of harm to adjacent property owners if appropriate county, state, and/or federal standards are maintained. The Planning Commission may want to require that a facility be operated as a conditional use so that if problems occur with the operation of a facility (of various sizes and scale, or locations), the County will have greater latitude in dealing with any issues such as included within the conditional use permit criteria noted below. You may want to consider allowing the use (permitted of conditional) in the Industrial District. Waseca County Unified Development Code Article 3 Development Review Processes and Requirements 5. Criteria for Granting Conditional Use Permits The Planning Commission shall not recommend a conditional use permit unless they shall determine the following: (a) Will the proposed use have an impact (adverse) on the health, safety, and general welfare of the occupants in the surrounding neighborhood? (b) Will the proposed use have an impact (adverse) on traffic conditions including parking? (c) Are there adequate public utilities, public services, roads, and schools to support the proposed use of the property? (d) Will the proposed use have an effect (adverse) on property values or future development of land in the surrounding neighborhood? (e) Is the proposed use of the property consistent with the goals and policies adopted in the Comprehensive Plan? (f) Does the proposed use meet the standards of the Zoning Ordinance including that the use is allowed with a Conditional Use Permit in the designated zoning district in which it is proposed? (g) Will the proposed use have an effect (adverse) on the environment, including pollution and including impacts on groundwater, surface water and surface water runoff, and air quality? (h) Will the proposed use have an effect (adverse) on existing natural, historic, or scenic views or features in the surrounding neighborhood? (i) Are there other provisions within the Unified Development Code, Minnesota State Law or Federal law that will impact the approval of the Conditional Use Permit?. Page 7 of 9

33 Waseca County Planning and Zoning Office 300 North State Street Waseca, Minnesota Phone: Fax: Mark T. Leiferman, Planning and Zoning Administrator Laura K. Rohde, Planning and Zoning Specialist Lenny K. Hulburt, Planning and Zoning Technician, Ag Inspector Shelley Hyatt, Technical Clerk III August 8, 2013 Tad A. Anderson th Street Janesville, MN RE: Incineration/Cremation of Animals; PID No It has come to our attention that someone is disposing of non farm animals on your property (PID above) by incineration. Waseca County Uniform Development Code (UDC) does not list crematorium as a permitted or conditional use in the A 1 Agricultural Protection District. Farmers are allowed to dispose of farm animals by burning them; however, we would not consider that an owner that is disposing of non farm animals by incineration to fall under that portion of the code since that section of the UDC deals with (animal) agriculture. Since the Uniform Development code does not list crematoriums as a permitted or conditional use, we would classify the cremating of pets (dogs and cats) as a non conforming use. As property owners, you could request that the Zoning Code be amended to add this use to the permitted or conditional use within the A 1 Agriculture Protection District. To amend the code, a letter describing the request would need to be provided together with an application fee of $400. These items would need to be provided to the Planning and Zoning Office, 300 North State Street, Waseca, MN After publication, a zoning code amendment would be reviewed by staff and presented to the Waseca Planning Commission. The Planning Commission would make a recommendation to the County Board that can either approve or deny the request for a zoning code amendment. It should be noted that there is no guarantee that a zoning code amendment will be approved by the Waseca County Board. At this time the Waseca County Planning and Zoning Office is requesting that you or the party that is operating the facility that is cremating animals on this property stop by our office and make application to amend the zoning code to allow the use as either a permitted or conditional use within the next thirty (30) days. Failure to do so will result in Waseca County requiring that you cease these activities on this property. If you have any questions regarding this matter please feel free to contact me at the above referenced number. Regards, Mark Leiferman Planning and Zoning Administrator cc. Sheriff Brad Milbrath Page 8 of 9

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35 WASECA COUNTY PLANNING AND ZONING COMMISSION MEETING DATE: September 5, :00 p.m. 1. ZONING MAP and UDC MODIFICATIONS Zoning Map Amendment and Amendment to the Waseca County Unified Development Code to change Article 6 Zoning District Regulations Section 14 LR Limited Residential District around Lake Elysian, a Recreational Development Lake REPORTED BY: Mark Leiferman Waseca County Planning & Zoning Administrator BACKGROUND: As you will recall, the Waseca County Planning Commission recently discussed the potential of amending the zoning district boundaries and the zoning map around Lake Elysian following the Sexton subdivision approval where the land owned by the Sexton family was divided into two districts. The property for the proposed home would have been in two districts with two different set of setbacks and zoning requirements. Staff requested that the Planning Commission consider amending the map so that on the east side of Lake Elysian the district would follow the East Elysian Lake Road (with the exception of several small tracts owned by Roy Keyes, the Keyes Addition and the Sportsman Campground). On the west side of the lake, the district would follow smaller subdivided tracts and quarterquarter section lines. The Limited Residential Feedlot Setback (1,000 feet beyond the district) would follow the amended district boundary. A proposed zoning map/rezoning change is attached for review and discussion. Page 1 of 3

36 WASECA COUNTY COMPREHENSIVE PLAN: A generalized land use plan for Waseca County is presented in the Comprehensive Land Use Plan and the accompanying set of maps (Future Land Use Map). The plan identifies various land use categories, each with different land use/development objectives, and arranged in such manner as to bring about the result desired in the goal statements. In summary, the land use plan relates to the goal statements in the following ways: Provides opportunity for economic development in ways compatible with Waseca County's natural and built environment. Encourages high-density development away from sensitive environmental areas. Strives to protect and maintain Waseca County's natural resources, especially lakeshore, farmland, animal life and scenic areas. Encourages placing high-density development within communities and growth areas with well-defined boundaries where such development more easily can be serviced by public infrastructure and facilities. Encourages provisions for the continuance of active agricultural uses. Maintains rural and open landscape character, particularly by avoiding high-density development in rural areas. Preserves and promotes Waseca County's visual resources. Encourages placing commercial development in established or planned business areas, which limits commercial sprawl. Natural Resource Corridors This classification includes all public lands, wetland corridors, and lakes, rivers and streams. Encourage management coordination of public lands. Promote maintenance of these natural areas through continued private stewardship and public ownership or, if necessary, through acquisition of easements or additional public lands. Promote the network and scale of public lands as a unique natural recreation resource. Encourage new development adjacent to public lands to reflect the natural largescale character of these lands. This suggested map and code amendment plan would appear to staff to be consistent with these objectives. Page 2 of 3

37 SHORELAND OVERLAY DISTRICT: There would be no change to the Shoreland Overlay District. It would remain 1,000 feet from the Ordinary High Water Level of the lake (1,018 feet above sea level). This report has been provided to Randy Bradt, Area Hydrologist for the Minnesota Department of Natural Resources for review and comment. STAFF RECOMMENDATION: Staff recommends that the Waseca County Planning Commission recommends approval to the Waseca County Board of Commissioners for adoption of this change to the Official Zoning Map of Waseca County and amend the Unified Development Code as presented. REZONING AND AMENDMENT PROCESS: Published Notice: The Planning & Zoning Office published notice of the public hearing. No notices were mailed to property owners since this is an amendment by the Planning Commission of a large portion of Janesville Township. Legal notice was also published in the county s official newspaper, the New Richland Star. Public Hearing and Planning Commission Review and Recommendation: September 5, 2013 Board of Commissioner Decision: This rezoning and amendment request will be brought to the Waseca County Board of Commissioners at a later date when it can be submitted with other zoning map changes. Legal notice will also be published at that time. Page 3 of 3

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