Breezy Point Planning Commission/Board of Adjustment. July 11, 2017 Regular Meeting

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1 Breezy Point Planning Commission/Board of Adjustment July 11, 2017 Regular Meeting The regular meeting of the Breezy Point Planning Commission/Board of Adjustment was called to order by Chair Joe Ayers. Those in attendance included Council Liaison Michael Moroni, Joe Ayers, Carol Metzger, Peggy Schmid and Larry Neer. Roger Theis was absent. Also in attendance were Planner Jerry Bohnsack and Deputy Clerk Kathy Millard. Chair Ayers requested an agenda adjustment by moving items G and H (Public Hearing to consider Ordinance and Recommend adoption of Ordinance 17-03) to directly before Open Forum #2 to facilitate other presentations being given tonight. MOTION SCHMID/NEER TO APPROVE AGENDA ADJUSTMENT, MOTION CARRIED. Approval of 06/13/2017 Minutes MOTION NEER/METZGER TO APPROVE MINUTES OF 6/13/2017 AS PRESENTED, MOTION CARRIED. City Council Liaison Report 7/03/2017 Mtg Liaison Moroni reported Council approved purchasing a replacement slide for the park that was approximately 20 years old. Council is moving forward on a Classification and Compensation Study for employees. The cost of the study is $7800 with NJPA paying for up to $7500 of the expense. Deacons Lodge Second Addition extension was approved and City Hall and Public Safety Building will be having a phone system renovation. Open Forum #1 was opened and closed with no comment. Public Hearing to consider Conditional Use Permit Application ; Whitebirch Inc., Ranchette Dr. The public hearing was opened at 7:07 pm. Those in attendance included; Justin Wallin, Charles Hamilton, Mandi & Tom Hinson, Jim Apple, Gary Copperud, Chad Conner, JoAnn Weaver, David Landecker, Gary Bakken, Jeremy Knutson, Joyce Bzoskie, Audrey & Ken Kelley, Bob Spizzo, Jeff Johnson and Brent Johnson. The applicant property is legally described as that Part of E 1/2 of NE 1/4 Sec 18 zoned Commercial (full legal on file) and E 1/2 of NE 1/4 except those parts, Sec 18 zoned Urban Reserve (full legal on file). The application is to develop a convenience store with fueling islands and a car wash/commercial building. David Landecker, representing Whitebirch Inc., gave a powerpoint presentation on the Breezy Point North Star Center. The presentation included zoning of the properties, traffic study recommendations, topographic survey, utility plan, a landscape plan and a site plan for the convenience store and the additional buildings included in the master plan. Whitebirch Inc. wanted to present the Master Plan of developing the entire 40 acre parcel, including the ice arena and dormitory property, so the Commission could see how everything works together. There are no changes in zoning being requested. The traffic study determined that the intersection of County Road 11 and Ranchette Drive is acceptable for traffic patterns in the next 30 years but there will be changes. The west entrance to the ice arena will remain in place. Grading on the subject areas will be completed before permits are pulled for construction. If a roundabout was needed in the future it would fit entirely on the property with proposed road right of way easement that would be given by Whitebirch Inc. July 11, 2017 Page 1

2 Planner Jerry Bohnsack stated this is Phase One of the master plan shared with the Commission tonight. The specific request is for a Conditional Use Permit for a gas station/convenience store and a potential car wash and additional commercial building. All buildings are to be built in the commercially zoned portion, the application has met all the conditions for a conditional use. The Developer s Agreement will be more specific on conditions. The Developer has been cooperative in providing additional information when requested. Recommended conditions proposed include: 1) Structures shall comply to all setback and height requirements. 2) Entrance to site from County Road 11 to be right in only. 3) Primary access to site to be from Ranchette Drive. 4) Easements for future improvements to County Road 11 & Ranchette intersection shall be provided prior to issuance of building permits (identified in traffic study). 5) Sanitary sewer line shall be extended to south property line and Ranchette Drive. 6) Grading of site to be complete prior to issuance of Building Permit. 7) Storm Water permit must be acquired. 8) Site lighting to be focused on property. 9) Future development of site to require subdivision. 10) City Engineer to approve all plans & utility extensions. 11) Developer agreement required for utility extensions prior to construction. Public Statements Ken Kelley, WBCC I, 6672 Redleaf Ct, asks what cause and affect will be to the owners in the Whitebirch Camping Clusters with a gas station going in on the corner. The traffic study is based on fatalities or accidents on the corner before something is going to be done for traffic, that is backwards. The added traffic and people are taking away the tranquility from the owners in the camping cluster. Will there be music outside and will there be limited hours? How many gallons of fuel will be stored there and can the fire department handle that? The campground is going to be mandated to hook up to city sewer and water. The development on the north side of the highway is good, that is needed. Audrey Kelley, 6672 Redleaf Ct, WBCC I, has been an owner in Cluster 1 for 3 years and was not aware of any development plan. They were informed of a lawsuit at their annual owners meeting in 2016 that would mandate the campground to hook into city sewer if the sewer ever came on Ranchette Drive. She asked for clarification on who would be responsible for those costs. Brent Johnson, Ranchette Dr, owns the property at the southeast corner of Ranchette and Co Rd 11. It is currently zoned residential and he is going to petition for a change to a commercial zone. Charles Hamilton, Barkwood Trail, WBCC I, said a representative from Whitebirch came to their meeting on Memorial Day in 2016 and did scare some campers with the information on this lawsuit and that costs would be put on their tax bill. Hamilton did go to City Hall and has talked with Planner Jerry Bohnsack several times over the year to learn the facts. The concerns expressed by the campers he supports because he lives there as well. He learned the sewer would stop at the south easterly portion of the parcel to be there for future expansion someday. What he understands now is that there would be no impact on the campground from this project and that should be clarified for the public record. Ken Kelley, 6672 Redleaf Ct, WBCC I, wants to submit a document that was signed when their lot was purchased that addressed sewer issues. David Landecker addressed questions; July 11, 2017 Page 2

3 How far away is this project from the campground? When the campground was developed a buffer was left around the exterior so it was not visible from the roads and the buffer will remain. The grading plan lowers the site and it will be less visible and also less noise would be heard. There was an extensive traffic study done over 6 months addressing different scenarios and patterns. Changes to the road could happen at any time but the study does not support the need to do anything now. As the master plan builds out the traffic study could be looked at again. Limited hours have not been discussed. Fuel storage is controlled by MN Pollution Control. The city is being proactive and asking this developer to bring the sewer line to Ranchette Drive for future expansion. Bohnsack said the intent was to get the sewer extended as far as possible with this development for future development to the south. Bohnsack also said fuel storage is controlled by MN Pollution Control. Public Hearing closed at 7:56 p.m. Official Action Conditional Use Permit Application Resolution PC Discussion was held among Commission Members. Schmid appreciated having the master plan in front of them for review. Schmid also said the Comprehensive Plan calls for development and it should be done correctly even though not everyone welcomes development. Metzger asked if the property zoned Urban Reserve (property to the west) is where the pond will be developed. Landecker confirmed the pond would be located on that lot. There are no wetlands on that lot and no wetlands are being touched on this plan. The snowmobile trail remains in place now. Metzger had concerns with truck/boat traffic and congestion in the parking lot. Landecker said the configuration of the parking lot was designed with that type of traffic in mind. Signage would need to be done to direct traffic. There is a right-in only turn from County Road 11. A pedestrian walkway was discussed being in place. Crow Wing County is concerned with pedestrian traffic as much as vehicle traffic in the area. Neer asked for clarification on getting in and out of the convenience store. Neer also asked the timing on the development to the north side of the road. Landecker responded he does not know the exact timeline. Moroni showed a diagram of how the sewer line for this project would go to the south end of that property. He wanted to know if the pedestrian walkway would be installed for this portion of the project and that the modifications on Ranchette going both north and east would be done. Landecker agreed they would be done. Moroni asked if a right turn lane would be added for traffic turning into the convenience store going south on Ranchette. No, the traffic pattern will not change there. Landecker said the County is leaning to a round-about on County Road 11 and that would take care of the traffic flow. MOTION SCHMID/NEER TO APPROVE RESOLUTION PC APPROVING CONDITIONAL USE APPLICATION WITH 13 CONDITIONS AND ADDING #14 TO READ CROSSWALKS ON COUNTY ROAD 11 BE INCLUDED. Chair Ayers reviewed the findings as provided under Section (E)(2) and Commission was satisfied. MOTION CARRIED. Discussion: Rental of Cabin at Circle Dr, non-conforming use. Planner Bohnsack explained Tom and Mandi Hinson are interested in purchasing an existing cabin located at Circle Drive. The property is zoned R-3 and vacation rental is not allowed in the R-3 (Original Neighborhood) district. It appears the cabin was rented on a regular basis through 2013 and the practice was discontinued. The current owner, Jeremy July 11, 2017 Page 3

4 Knutson, has rented up to four times per year since If the rental had continued the use would have been considered a legal non-conforming use and it would be allowed to continue into the future. Because it was discontinued for a period of more than one year, it is not allowed to be reinitiated. Hinson s asked if an exception could be made. Liaison Moroni was on the Commission in 2013 and the issue before them was a request for new construction to be allowed as a rental in the R-3 district. At that time the Interim Use Permit was removed from the R-3 district. Moroni would look at the R-3 district as a whole and not just this property. Mr. Knutson said the cabin is not available for year round use. The water is supplied by the Resort and it is off six months of the year. Jeff Johnson, representing Whitebirch, said the cabin being discussed is one of the original units of the original resort from the 1920 s. They have always been rental units and they are surrounded by rental units. A change of zoning might be an option for these cabins. Mandi Hinson lives one mile from the cabin and they were hoping to rent to their friends and family first and if opportunity arose rent to others as well. Mr. Knutson said the cabin is small (20 x 14) so it cannot accommodate many people. Chair Ayers asks this issue be put on the August agenda for additional discussion. Concensus of the Commission was to not grant a variance but to look at the ordinance to see if changes need to be made. Proposed Copperud Addition of Breezy Point Chad Connor, WSN, was present to introduce a proposed subdivision that will be on the August Planning Commission agenda. This property is on the corner of N. Lakeview Drive and Weaver s Point Drive and is currently zoned R-2 and contains 12.3± acres. The proposal is for the creation of 6 residential parcels which meet or exceed the minimum requirements for the R- 2 Zoning district. The lots will be accessed by a private drive entering from Lakeview Drive. Municipal sewer will be extended to the new lots with cost being paid by the developer. There are no encroachments on the wetlands setback. Comments have not been received from the DNR to date. Connor has been in contact with adjoining property owners to discuss the subdivision. Municipal sewer will be in the north shoulder of the private drive because of depth issues. JoAnn Weaver, 9914 Weavers Point Rd, said all access was coming from N. Lakeview Drive and the wetlands are being protected and those were her main concerns. Weaver is pleased that a responsible development is being planned for this area. Planner Bohnsack stated the sewer for this project would be handled the same as the Whitebirch project. Gary Bakken agreed with Weaver s comments. Bohnsack said there will be a public hearing at the August 8th meeting for the preliminary plat. If the preliminary plat is approved he would like to present the final plat along with the preliminary plat if possible. Flood Plain Ordinance Bohnsack said the city has been working with the DNR since 2010 on this issue. FEMA now has funding to finish the project. There were areas of the country that have not been participating in the program but now every jurisdication has been mapped and by adopting the ordinance the city has the ability to enforce the rules and regulations. The city needs to participate in the program for people to purchase flood insurance and many mortgage companies are now requiring it. There are approximately 5 properties in the city that are located in the flood plain. July 11, 2017 Page 4

5 The only cost to the city to participate is the administrative time. The city could not participate before the flood plain maps were completed. If the ordinance is adopted flood insurance will be available for purchase to those that want it. The Planning Commission will hold a public hearing at the August meeting and recommend adoption to the City Council. Public Hearing to consider Ordinance AN ORDINANCE AMENDING RULES AND DEFINITIONS (B) ADDING A DEFINITION, AMENDING RESORT COMMERCIAL (RC) PURPOSE, AMENDING STORAGE; SCREENING (A) (1), AND AMENDING SIGN STANDARDS (D) (7), AMENDING & REGARDING SIDE YARD SETBACK IN THE AIRPORT ZONE The Public Hearing was opened at 9:12 p.m. This ordinance adds language for Accessory Structure Size, deletes language from Resort Commercial due to a previous ordinance change, language was added to clarifiy storage/screening during construction, banners for non-profit or civic organizations may display a banner or temporary sign for a period of 21 days prior to the event and sideyard setback in the Airport zone be changed to 10 feet from 15 feet. Schmid said consequences should be followed through on all ordinance violations. Metzger requested a definition for recreational equipment be added when additional amendments are done. Justin Wallin, Ace Hardware, supports the longer length for banner display for community events as long as the banner is in good condition. Public hearing is closed at 9:18 p.m. MOTION SCHMID/METZGER FOR APPROVAL OF ORDINANCE AS PRESENTED AND RECOMMEND ADOPTION BY CITY COUNCIL, MOTION CARRIED. Schmid asked status of camper located at 9200 County Road 11 discussed at the last meeting. Bohnsack said the camper is able to be stored onsite because the lot is larger than 1 acre. If the Commission does not want the camper used as guest quarters, the definition size of guest quarters needs to be amended. The owner said the trailer is being used as limited camping (14 days total). More discussion is needed on this issue. Open Forum #2 Gary Bakken, council, commends the Planning Commission for their due diligence. Meeting adjourned 9:30 p.m. Submitted by Kathy Millard, Deputy Clerk July 11, 2017 Page 5

CITY OF ALBERT LEA PLANNING COMMISSION ADVISORY BOARD

CITY OF ALBERT LEA PLANNING COMMISSION ADVISORY BOARD 9/1/2015, 5:30 p.m. City Council Chambers AGENDA A. CALL TO ORDER AND ROLL CALL B. APPROVAL OF THE AGENDA C. APPROVAL OF MINUTES 1. PC Minutes from