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HomeMy Public PortalAbout2008-041 Resolution Approving Amended CUP for Operation of Commercial Horse Facilityi( Member Weir introduced the following resolution and moved its adoption. CITY OF MEDINA RESOLUTION NO.2008-41 RESOLUTION APPROVING AN AMENDED CONDITIONAL USE PERMIT FOR OPERATION OF A COMMERCIAL HORSE FACILITY AND TO ALLOW 31,250 SQUARE FEET OF ACCESSORY STRUCTURES TO BILL AND DIANE NUNN FOR PROPERTY LOCATED AT 2825 WILLOW DRIVE WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Bill and Diane Nunn (the "Applicants") are the owners of property located at 2825 Willow Drive in Hennepin County, Minnesota (the "Property"), legally described in Exhibit A, attached hereto; and WHEREAS, on April 20, 1999, the City adopted resolution 99-26, granting amended conditional use permit approval to the Applicants which permitted a maximum of three accessory structures to be located on the Property with a maximum aggregate footprint of 26,250 square feet, and approved operation of a commercial horse facility on the Property, subject to certain terms and conditions; and WHEREAS, the Applicants have requested approval to construct an addition with a footprint of 3,248 square feet to one of the three existing accessory structures on the Property; and WHEREAS, Section 825.19 of the City's zoning ordinance requires approval of a conditional use permit in such circumstances; and WHEREAS, the Applicants propose no intensification of the existing commercial horse facility, which is no longer a permitted or conditional use within the rural residential district; and WHEREAS, the Applicants have warranted that the proposed addition is to be utilized for their private use and enjoyment and that no commercial activities or activities related to the commercial horse facility will take place within; and WHEREAS, the Planning Commission held a duly called public hearing on April 8, 2008 and reviewed the application on April 8, 2008, and June 10, 2008 where testimony was heard from the Applicant, city staff, and other interested parties; and WHEREAS, the Planning Commission recommended approval of the application, subject to certain terms and conditions; and Resolution No. 2008-41 June 17, 2008 WHEREAS, the City Council reviewed the application on June 3, 2008 for conformance with the ordinances of the City, considered the recommendation of the Planning Commission, and heard comments from the Applicant, city staff, and other interested parties. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MEDINA, MINNESOTA, that it should and hereby does grant amended conditional use permit approval to the Applicants, subject to the following conditions: 1) The maximum number of horses permitted to be housed at the stable, including the paddock and stable areas, shall not exceed 50 horses. Up to an additional five horses may be permitted at the stable for lessons on a daily basis; 2) The total number of accessory structures located on the Property may not exceed three and they may not exceed an aggregate size of 31,250 square feet. A non-structural tent to house horses is also allowed, but may not exceed 1,100 square feet; 3) The two holding tanks servicing the restrooms in the barn must be pumped out on a regular basis and the Applicant shall install warning lights on them; 4) The city must be notified at least two weeks prior to any special event held at the commercial horse facility. For the purposes of this permit, "special event" means any activity which is expected to attract 25 or more persons to the site, but excluding any family events or gatherings. Additional sanitary services must be provided for special events. The city may impose additional conditions and restrictions to minimize the impact of special events on surrounding properties; 5) All manure must be removed from the stable at a minimum of once every three months. The Applicants must also enter into and provide the city with a written agreement governing the off -site disposal of manure and provide documentation of disposal upon request; 6) The Applicants shall grade the site, consistent with the recommendations of the University of Minnesota Extension Service and as approved by the City, in a way which directs runoff from the hard surfaces on the property away from the manure containment area prior to November 30, 2008. The applicant shall submit as as -built survey verifying the completed work by November 30, 2008, and must maintain these drainage patterns to the satisfaction of the City; 7) The Applicants shall construct a concrete manure containment area, the design of which shall be consistent with the recommendations of the University of Minnesota Extension Service and as approved by the City, prior to November 30, 2008; 8) The Applicants shall install runoff retention and vegetative infiltration, consistent with the recommendations of the University of Minnesota Extension Service and as approved by the City, down slope from the manure containment area prior to November 30, 2008. The vegetation adjacent to the wetland shall be subject to the city's wetland protection ordinance; 9) The Applicants shall not occupy or utilize the proposed addition to the carousel building until the plans required in conditions 6, 7, and 8 above have been approved by the City; 10) The Applicants shall install appropriate temporary measures to prevent runoff from the Resolution No. 2008-41 2 June 17, 2008 existing manure stockpile until such time as the permanent manure containment practices are in place; 11) The hours of operation of the horse stable and use of the carousel in the accessory structure may not exceed 9:00 a.m. to 9:00 p.m., seven days a week; 12) The Applicants must post the Medina Horse Owner's Association Rules in a location accessible to all persons using the stable, and shall ensure that activities on the site are consistent with these rules; 13) The Applicants must be responsible for informing and controlling the customers using the stable to prevent trespassing on adjoining property; 14) The Applicants must comply with all provisions of the Medina zoning ordinance; 15) No more than three full-time employees shall be permitted at the stable; 16) There shall be no outside storage except for licensed vehicles and a manure spreader, which shall be screened from public view; 17) Any signs which the Applicants may construct must comply with the requirements of the Medina sign ordinance for Rural Residential districts; 18) There shall be no outside public address system; 19) The Applicants must install and maintain fencing adequate to contain the horses in a secure manner, and to keep horses out of wetlands; 20) There shall be no living quarters in the barn or stable; 21) Any change in the number or size of accessory buildings on the Property will require consideration of an amended conditional use permit; 22) The 12' x 36' structure on the north side of the existing building maybe enclosed at the Applicant's option; 23) The Applicants shall warrant that the carousel building is for private use only, and that no commercial and/or fee -based activities shall occur. 24) The Applicants recognize that the carousel building does not meet animal structure setback requirements and that no such uses shall occur within the structure. 25) The Applicants shall differentiate the exterior building materials of the south and east elevations of the carousel building addition and install decorative fence as described by the rendering received May 1, 2008. Building plans shall be fully scalable when submitted for building permit; 26) The Applicants shall install and maintain landscaping along the east side of the carousel structure in order to break up the appearance of the structure from Willow Drive. The Applicant shall submit a landscaping plan which shall include additional native deciduous trees which meet the same requirements of replacement trees as described by the City's tree preservation ordinance. The landscaping plan shall be approved by City staff prior to a building permit being issued for the proposed carousel building addition; Resolution No. 2008-41 3 June 17, 2008 27) The Applicants shall receive all necessary permits by the City, Minnehaha Creek Watershed District, and any other agency with jurisdiction. The Applicants shall meet the conditions of the Building Official and Fire Marshal with regards to the proposed addition; 28) The City may enter the property for the purposes of periodic review of compliance with the conditions of this resolution; 29) Violation of any term or condition of this conditional use permit shall be deemed to be a violation of the city's zoning ordinance and shall be grounds for revocation of this permit; and 30) The applicant shall pay to the City a fee in the amount sufficient to pay for all costs associated with the review of the amended Conditional Use Permit application. BE IT HEREBY FURTHER RESOLVED that this resolution supersedes previous conditional use permit approvals granted to the Property and that resolution 99-26 be hereby declared null and void; Dated: June 17, 2008 T. ATTEST: .-- Chad M. Adams, City Administrator -Clerk M. Crosby, Jr., M r The motion for the adoption of the foregoing resolution was duly seconded by member Cavanaugh upon vote being taken thereon, the following voted in favor thereof: Crosby, Smith, Weir, Cavanaugh and the following voted against same: (Absent: Johnson) None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2008-41 4 June 17, 2008 Exhibit A Legal Description of the Property That part of the South 660 feet of the East 991 feet of the Southeast quarter of the Northeast quarter of Section 16, Township 118 North, Range 23 West of the 5th Principle Meridian, lying West of the following described lime; Beginning at a point on the East line of said Southeast quarter of the Northeast quarter distant 895 feet North from the Southeast corner of said Southeast quarter of the Northeast quarter; thence South -,along said East line a distance of 100 feet, thence along a tangential curve to the right having a radius of 575 feet and central angle of 38 degrees 20 minutes a distance of 354.7 feet; thence Southwesterly _tangent to said curve to the South lime of the Southeast quarter of the Northeast quarter, and there ending. Resolution No. 2008-41 June 17, 2008