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HomeMy WebLinkAbout2012-12-04 P & Z Handouts r7liLl C 8 CITY OF CENTERVILLE \l \t L gi CONDITIONAL USE PERMIT REQUEST w NAME: Chad Buechler FEE: $250.00 + $500.00 Deposit COMPANY: U- Haul /CenterMart PAID: ADDRESS: 1801 Main Street TELEPHONE NUMBER: 651- 426 -3460 STREET LOCATION OF PROPERTY: 1825 Main Street PROPERTY IDENTIFICATION NUMBER: R23- 31 -22 -12 -0007 LEGAL DESCRIPTION OF PROPERTY: Lot 2, Block 1, James Commercial Add. SIZE OF PARCEL(S): zoo x zoo CONDITIONAL USE PERMIT REQUEST: To operate a U -Haul rental business. Trucks and moving trailers (max. amount of rental items - eight (8)), usually having three A trucks and a few trailers, four (4) kayaks and one (1) pontoon (only in the summer). I have read the attached City Code, Section 156.030 pertaining to the B -1 Zoning District and the need to apply for a Conditional Use permit. I have also read the attached City Code, Section 156.320 pertaining to Conditional Uses also. By paying th v s ed I understand that no refunds will be issued in full or in part, at any item, even if the outcome ` i s Signatu of Applicant Signature of Property I I/ IS /1 . Date (Office Use Only Below This Line) PLANNING & ZONING ACTION: CITY COUNCIL ACTION: SEH DataView Parcel Report 11/14/2012 • /. J.'; _ 4. tom; 1 1y 7. ,, w 1 I c / i ! 1 • I 5 ■ :was ill 1 f • 1 w c er •1 .. p termite Established 1857 CITY OF CENTERVILLE _oQ CONDITIONAAL USE PERMIT REQUEST NAME: C 1OC& FEE: $250.00 + $500.00 Deposit COMPANY: CeA#e-f aLi Z. LC PAID: ADDRESS: 1$©( Macy ' fi r f C TELEPHONE NUMBER: G5 I - `i z( 3 6�} STREET LOCATION OF PROPERTY: j g01 01 vl S k ei -} PROPERTY IDENTIFICATION NUMBER: LEGAL DESCRIPTION OF PROPERTY: L o-f 1 ) 'l oc,\C ( ) T c -eS Co (cAckk €3 o\ SIZE OF PARCEL(S): 2 00 X 1 q CONDITIONAL USE PERMIT REQUEST: (A6A Rt'50\esS tAc xcs N- olovi+,5 •-I ;4 „ \z($ Marc A (1-16v,hv oc JRe ik 'ca S OS o V.4 44 1 uS kl11 y hoale 3 T {ucA S q- Ceu.) 4co. J L! Ktky .kc ck I ‘).0n axIly Swvoiep I have read the attached City Code, Section 156.030 pertaining to the B -1 Zoning District and the need to apply for a Conditional Use permit. I hay- also r- . • .r - attached City Code, Section 156.320 pertaining to Conditional Uses also. By paying the . • e t.. fe .. erstand . at no refunds will be issued in 11 or in .art, at any item, even if the outcome is . / Signatu • f Applic Si _a at operty Owner \o /qj /12 Date (Office Use Only Below This Line) PLANNING & ZONING ACTION: CITY COUNCIL ACTION: « R ...... i, ::'mss ` -'...: g -•� °° <r. .r ` ..' ,,n IJ w: �..,..: �, „ �. ,:;,. �.•.� _ -:1 _ - , ■ • e. . v , vM�'1 s ft T ' - =M • l u.,.. s . e^i I J 1 t tr) .9 1 _ , , . * -iimii, s «y, rda ' ' .. 1 F . .. „.....,, . i., t • s ,y 4 rl . ? � s a:. •'s'" { '7F�' � y+i ,..... �• �' ° i . . ,� 1' • y C • ". 7 _ ., - r D I Y 444',;' - •r a t t I •' l l t ';,, [ • (it ' � y IFS f.. r ,� e- ` 1 Ill I i / 1 1, % 1 �L rr ,. .L'<Fr ,N u fit, • clr;, - r t . r- •4 y� µms 1 �:..:: ibioc, , ''':.`-,11Y4''''. 1 �.. 1 A X , ill ' „ [ L • Draft Planning & Zoning Commission Report and Recommendation. The Planning & Zoning Commission met on December 4, 2012, to consider a request of Chad Buechler and Terry Johnson on behalf of Center Mart, for a Conditional Use Permit (CUP) to operate a vehicle and equipment rental business at 1801 -1825 Main Street, City of Centerville. Findings: 1) The Planning and Zoning Commission heard and considered all testimony of interested persons submitted in writing prior to and in person during the public hearing. 2) The proposed use may be operated in the B -1 zoning district subject to a Conditional Use Permit with reasonable conditions. 3) The proposed use is consistent with the Comprehensive Plan. 4) The applicant is willing to conform to conditions in the draft Conditional Use Permit attached hereto. RECOMMENDATION. The Planning Commission finds that the standards for granting a Conditional Use Permit have been met and recommends that the City Council approve the Conditional Use Permit, subject to the conditions contained in the draft CUP attached hereto. December 4, 2012 Planning and Zoning Commission Dallas Larson, Administrator 1 Draft ANOKA COUNTY, MINNESOTA APPROVAL OF CONDITIONAL USE PERMIT 1. Permit. Subject to the terms and conditions set forth herein, the City of Centerville hereby grants approval of a conditional use permit for: Request of Chad Buechler and Terry Johnson on behalf of Center Mart, to operate a vehicle and equipment rental business at 1801 -1825 Main Street in conjunction with the convenience store /gas station and subject the conditions of this permit. 2. Property. The permit is for the following described property: Lots 1 & 2, James Commercial Addition 3. Conditions. This permit is issued subject to the following conditions: a) Pursuant to City Code, trucks, cars and trailers shall be parked only on paved surface. The number of trucks, cars and trailers parked on the site, which are available for rental or sale, at any one time shall be limited to a total of twelve (12), in combination. b) Boats and pontoons shall be stored only on paved surfaces. Canoes and kayaks may be stored on grass areas of the property, but not on the boulevard area. Canoes and kayaks shall be carried to paved areas for loading onto vehicles. Boats and pontoons available for rental or sale on the site at any one time shall be limited to four (4), in combination. Kayaks and/or canoes available for rental or sale on the site at any one time shall be limited to twenty -four (24), in combination. c) Landowner and the business operator shall not park vehicles of any kind on the grass areas of the property or adjoining boulevard. d) Landowner and the business operator shall jointly and individually be responsible for the continuing conformance with the permit and that if the proposed use is not initiated within six months of this date, the permit shall be void. e) Grantee will follow the applicable standards and requirements of the City of Centerville, Rice Creek Watershed District, Anoka County, Army Corp of Engineers, FEMA, Minnesota DNR and any other agency having jurisdiction over the property and shall secure and file with the City, any permits required by outside agencies. f) The City reserves the right to annually review this permit for compliance with the conditions and may impose additional conditions to mitigate unforeseen problems. 4. Criminal Penalty. Violation of the terms of this permit is a criminal misdemeanor. Dated: CITY OF CENTERVILLE BY: Tom Wilharber, Mayor Attest: 2 . Draft Teresa Bender, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing was acknowledged before me this day of , 2012. by Tom Wilharber, Mayor and Teresa Bender, Clerk of the City of Centerville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. Notary Public 3 Findings and Recommendation for Rezoning from P to B -1 The Planning & Zoning Commission met on December 4, 2012, to consider rezoning certain property in accordance with the 2030 Comprehensive Plan, guided uses. Findings: 1) The City adopted its 2030 Comprehensive Plan on August 26, 2009. 2) The 2030 Comprehensive Plan provided guidance for future land uses in several parts of the city. 3) The City is required to bring the Official Zoning Map into conformance with the intended uses as indicated by the 2030 Comprehensive Plan. 4) The Planning and Zoning Commission identified specific properties that would be affected by the proposed changes to the Official Zoning Map. 5) The owners of properties affected by the proposed changes were notified by mail, and published notice of the City's intention to amend the Official Zoning Map was given as required by law. 6) A public hearing was held on December 4, 2012, at 6:30 p.m. and all persons desiring to offer comments and testimony were heard and written comments were considered and placed in the record. RECOMMENDATION: The Planning & Zoning Commission has determined that the following property should be rezoned from P to B -1 and that the Official Zoning Map should be amended. See Attached "EXHIBIT A" The Commission recommends that the council approve its findings and recommendation and further that the Council adopt an ordinance amending the Official Zoning Map accordingly. Motion made and duly passed by the Planning & Zoning Commission of the City of Centerville on December 4, 2012. Dallas Larson, Administrator EXHIBIT A Property to be rezoned from P (Public Use) to B -1 (Commercial) THAT PRT OF THE S 277.10 FT OF THE N 588.47 FT OF THE SE1 /4 OF THE NE1 /4 OF SEC 23 T31 R22 LYG ELY OF THE W 956.5 FT OF SD 1/4,1/4; EX RD; SUBJ TO EASE OF REC CITY OFANOKA CITY CODE CHAPTER 10. ARTICLE IV CHAPTER 10. ANIMALS ARTICLE IV. Poultry and Fowl Section 10 -151. Poultry and Foul Permitted. A person may keep, harbor, or maintain care custody, or control over no more than four (4) chickens, ducks, geese or other fowl or poultry or combination of defined by this article within City limits. No roosters shall be permitted. Section 10 -152. Facilities . (a) All poultry and foul must be contained with the following restrictions: (1) Housing facilities and grounds shall be maintained in a clean and sanitary condition, and in good repair. Flies, rodents and noxious odors shall be controlled. Facilities shall be kept free of fecal matter and collected fecal material shall be properly stored and disposed. (2) Facilities shall remain fully enclosed to prevent outside animals and migratory birds from entering the holding facility. (3) Stored fecal mater shall not be allowed to accumulate on the property. Stored fecal matter shall be removed at least once a week. (4) Construction and maintenance of the holding facilities shall comply with all zoning codes in Chapter 74 and State building codes. Fencing shall be consistent with regulations of Chapter 74. A holding structure shall be defined as an accessory building in the zoning code. Section 10 -153. Maintenance of Fowl and Poultry. (a) Fowl not to be at large. No person owning or keeping chickens, ducks, geese, or other fowl or poultry may permit the same to run at large or enter upon the premises of another without permission, nor may any such fowl or poultry be kept, raised or permitted to go on any street, park, lake, or public ponding area. (b) Confinement of fowl and poultry. Fowl and poultry must be confined to the holding facility except for short periods of time of exercise during which time they must abide to Section 10 -153 (a). (c) Injury or annoyance to others. No fowl or poultry may be kept or raised in a manner as to cause injury or annoyance to persons or other animals on other property in the vicinity by reason of noise, odor, or filth. (d) Impounding fowl or poultry. Any fowl or poultry at large in violation of this section may be impounded by the City, and after being impounded for five (5) business days or more without being reclaimed by the owner, may be humanly euthanized or sold. A person reclaiming any impounded fowl or poultry shall pay the cost of impounding and keeping the same. (e) Feeding Area. Fowl and poultry shall be fed within the confines of the holding facility. Feeding areas must be fully enclosed to prevent access from outside animals and migratory birds. (f) Manner of Feeding. Feeding fowl or poultry in a manner that results in the attraction of animals that cause property damage, a threat to public health or 1 oft CITYOFANOKA CITY CODE CHAPTER 10; ARTICLE IV animal health due to the number or type of animals attracted by excessive amounts of feed or feeders being placed, or the byproducts of the feed accumulating, are deemed a public nuisance and are prohibited. Section 10 -154 Special Removal (a) The City reserves the right to eliminate all fowl and poultry within City limits if a pandemic regarding fowl and poultry is declared. Sections 10-155 thru 10 -170. Reserved. 2of2 The 7 False Myths About Urban Chickens by Patricia Foreman The local foods movement is not only gaining ground, it is here to stay; and that includes family flocks of chickens. Chickens are the mascots of local foods because of the many talents and skill sets they innately bring to small scale food production. These skill sets include being pesticiders (eating mosquitoes, ticks and fleas), herbiciders (by eating and clearing unwanted vegetation), and organic fertilizer generators (that can help create and enhance garden soil). The trend for backyard flocks is so strong, that in the past 2 years, over 500 towns and cities have revised their laws to allow urban folks to keep their own chickens. With the reemergence of backyard chickens across the country, there have been tremendous amounts of misconceptions, false beliefs and downright prejudice surrounding the keeping of micro -flocks of chickens. As the co -host of the Chicken Whisperer Backyard Poultry and Sustainable Lifestyles Talk Show, we have heard it all. There are seven main concerns that routinely surface when the topic of city chicks is discussed. These are: 1. disease, 2. noise, 3. waste, odor and flies, 4. predators & rodents, 5. property values, 6. appearances, and 7. what will neighbors think? Let's look at the facts behind each of these concerns. Myth 1. Chickens Carry Diseases Communicable to Humans. Fact: the truth is that small flocks have literally no risk of avian flu transmission to humans. The 2006 Grain Report states: "When it comes to bird flu, diverse small -scale poultry is the solution, not the problem." Centers for Disease Control (CDC) states on their website: "There is no need at present to remove a (family) flock of chickens because of concerns regarding avian flu." Avian flu has been in the press as concern to commercial poultry production where birds are raised in monster -size flocks that are confined in over - crowed environments. This causes high stress and compromised immune systems in the birds. Any sign of disease, including a sneeze, could result in a huge number of birds getting sick; and this puts at risk a large amount of profit. As many experts have stated publicly, the solution to avian flu is in small-scale poultry. Myth 2. Chickens are too Noisy. Fact: laying hens — at their loudest — have about the same decibel level as human conversation (60 to 70 decibels). Hens are so quiet that there have been cases of family flocks being kept for years without the next door neighbors knowing it. To some, noise is a concern with roosters and their pre -dawn heralding of sunrises. Many urban codes ban roosters, or only allow them to be kept with special permits. The noise level of a rooster's crow is about the same as a barking dog; 90 decibels. But there are ways to keep roosters quiet throughout the night. Many folks regard crowing as a pleasant sound. Myth 3. Waste and Odor. Fact: a forty pound dog generates more solid waste then ten chickens. To be more specific, one 40 pound dogs generates about 3 /4 (.75 pounds) of poo every day. Ten chickens generate about two- thirds (.66 pounds) daily poop. The advantage to chicken manure is that it can be used as valuable, high- nitrogen fertilizer. Unlike dog or cat poop, chicken poo can be combined with yard and leaf waste to create compost. Just as valuable, about 40% of the chicken manure is organic matter which is necessary for building fertile, healthy top soil. g Y P Chicken manure is so valuable that there is a product called Cockadoodle Doo ®. What Cockadoodle Doo is made of? You guessed it; dried chicken manure. A 20 pound bag sells for $15.00. That's 76 cents a pound for chicken manure! Lets take the stakes even higher. Where • does most commercial fertilizer come from? Think oil. Can chickens' services and products help us decrease our dependence on oil? Yes, in many ways and on many levels. Myth 4. Chickens Attract Predators, Pests & Rodents. Fact: Predators and rodents are already living in urban areas. Wild bird feeders, pet food, gardens, fish ponds, bird baths, trash waiting to be collected all attract raccoons, foxes, rodents and flies. Modern micro -flock coops, such as chicken tractors arks, and other pens are ways of keeping, and managing, family flocks that eliminate concerns about predators, rodents and other pests. Indeed, chickens are part of the solution to pesky problems. Chickens are voracious carnivores and will seek and eat just about anything that moves including ticks (think Lymes disease), fleas, mosquitoes, grasshoppers, stink bugs, slugs, and even mice, baby rats and small snakes. Myth 5. Property Values Will Decrease. Fact: there is not one single documented case that we know of about a next door family flock that has decreased the value of real estate. On the contrary, local foods and living green is so fashionable, that some Realtors and home sellers are offering a free chicken coop with every sale. An example of this at www.GreenWayNews.com. Myth 6. Coops are Ugly. Fact: micro -flock coop designs can be totally charming, upscale and even whimsical. Some of them are architect designed and cost thousands of dollars. Common design features include blending in with the local architectural style, matching the slope of the roof and complementing color schemes. For examples go to www.MyPetChicken.com. Myth 7. What Will Neighbors Think? Fact: you can't control what anyone thinks, much less your neighbor. Once folks gain more experience with the advantages and charms of chickens, most prejudice and fear evaporates; especially when you share some of those fresh, heart - healthy, good- for -you eggs from your family flock. There is one huge advantage to family flocks that is often overlooked during chicken debates. That is their role and value in solid waste management systems. Chickens, as clucking civic workers, are biomass recyclers and can divert tons of organic matter from the trash collection and landfills. Chickens will eat just about all kitchen "waste ". They love people food, even those "gone -by" leftovers that have seasoned in the refrigerator. Combine their manure with grass clippings, fallen leaves and garden waste, and you create compost. Composting with chicken helpers keeps tons of biomass out of municipal trash collection systems. All this can save BIG TIME taxpayer dollars, which is especially valuable in these times of stressed municipal budgets. There is precedence for employing family flocks as part of trash management. It is being done very successfully in some European towns. One example is the town of Deist in Flanders, Belgian. The city buys laying hens to give to residents who want them. The chickens' job is to divert food waste from the trash stream and not having to be pickup by workers, transported, and then disposed. The savings are significant. You can learn more about employing family flocks as both civic and garden workers in City Chicks: Keeping Micro flocks of Chickens as Garden Helpers, Compost Creators, Biomass Recyclers and Local Food Suppliers. May the flock be with you! ...and to quoth the Chicken: "evermore ". Patricia Foreman Page l of l ' S S '"'a, �4 O 4 i •4 -`+y I' -. ...� � — .a te„ ,. � a ., ,� „ p ' wm. , t4 r . \ ,, yr, * a e \\ r r4' r^° , id � ` ?� p4: Er t it f t ■g R 1 n • ' :' ' .:' s . 401 N itr l e := 4 .4 jg http: / /planschickencoop.org/wp- content /themes/NicheProfitPressV2 /images /Chicken- Coo... 11/30/2012 Page l of l .., pry '. 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