Adopt Resolution #15-09-225 Approving Findings of Fact #0952 relating to a Request for an Amended Conditional Use Permit for an Expansion of the Green Valley Greenhouse Operation in a Residential District - and - Adopt Resolution #15-09-226 Approving the Issuance of an Amended Conditional Use Permit for the Green Valley Greenhouse Operations Located in the R-1 Residential District. 

Green Valley Greenhouse (the "Applicant"), which is located at 6530 Green Valley Road NW (the "Subject Property), is currently operating under a Conditional Use Permit (CUP) that was approved on September 27, 2005. The Applicant has approached the City with a request to amend their current CUP to allow for an additional 99,176 square feet of building coverage and to reduce a required buffer yard no-build area along the eastern boundary of the Subject Property to address an existing encroachment.

In accordance with State statute, Staff attempted to notify property owners within 350 feet of the subject property of the public hearing via Standard US Mail. The Public Hearing was also noticed in the Anoka County Union Herald, the City's official newsletter for public notices.

The current CUP allows up to 572,855 square feet of building coverage and also requires a 'no-build' buffer yard of sixty-five (65) feet around the entire perimeter of the Subject Property. This buffer area is intended to provide some separation between adjacent residential uses and the commercial nature of this operation.

The proposed new building will be located in the southwest portion of the Subject Property and would comply with the sixty-five (65) foot no-build buffer yard requirement. The proposed structure is very similar to the individual hoop structures that exist on the Subject Property. However, rather than individual hoop structures, each would be connected via a gutter. Thus, inside, it will function as one large hoop structure (open floor layout). The exterior finish of the proposed hoop structure will consist of two (2) layers of poly material that are inflated and typically need to be replaced every five (5) years or so.

Based on the Applicant's submittal information, there is currently 572,446 square feet of building coverage on the Subject Property. The proposed connected hoop house, along with a small building addition (2,000 square feet), would ultimately add another 99,176 square feet of building coverage to the site, which equates to 38.5% building coverage on the Subject Property.

As part of this request, the Applicant is also seeking to reduce the 'no-build' buffer yard area along the eastern boundary of the Subject Property to address an existing encroachment. While the existing CUP allowed for certain expansions to occur, there has not been a survey submitted to verify that the square footage or buffer yard standards have been complied with. It appears that a fifty (50) foot buffer yard along the eastern boundary would sufficiently address the existing encroachment but Staff recommends that a Certificate of Survey be submitted with the Zoning Permit Application to verify this.

Due to the size of the proposed addition, the Applicant will need to obtain a Lower Rum River Water Management Organization permit, should the requested amendment be approved.

The Planning Commission conducted a Public Hearing on September 10, 2015 regarding this request and there were no verbal or written comments received.  As part of the discussion, the Planning Commission supported an amended Conditional Use Permit that had a building coverage limit of forty-five percent (45%), which would allow for some future additions without needing to amend the permit again, and a fifty (50) foot no-build buffer zone around the entire property, not just the eastern boundary.

Alternatives

Option 1. Approve Resolutions #15-09-225 and #15-09-226 granting an amended Conditional Use Permit for expansion of the greenhouse operation and a reduced buffer yard of fifty (50) around the entire perimeter of the Subject Property contingent upon a Certificate of Survey being completed by a licensed surveyor to verify the building square footage and that all existing and proposed structures comply with the buffer yard no-build standards. The parcels surrounding the Subject Property are all approximately forty (40) acres or so and appear to be either actively farmed or are vacant. The proposed building will be similar in nature to the existing structures on the Subject Property are will be positioned in the southwest corner, away from the view of the public road. The Applicant is aware of the recommendation for the Certificate of Survey and is agreeable to it.  Staff supports this option.

Option 2. Approve Resolutions #15-09-225 and #15-09-226 granting an amended Conditional Use Permit for expansion of the greenhouse operation and for a reduced buffer yard of fifty (50) feet around the entire perimeter of the Subject Property without the requirement of completing a Certificate of Survey. Staff may be supportive of this alternative but believes it would be appropriate to require a Certificate of Survey to ensure that there are no other encroachments in the no-build buffer area. It is noted that by not requiring a survey in the past, issues with compliance with the approved Conditional Use Permit have been experienced and that the Applicant is agreeable to completing a Certificate of Survey.

Option 3. Do not approve the request for an amended Conditional Use Permit. The proposed addition is compatible to the existing structures on the Subject Property and it does not appear that it would negatively impact surrounding properties. In fact, the Applicant has noted that they are discontinuing the storage and sales and bulk materials, which presumably would result in slightly less traffic volume coming to and from the site. Staff does not support this option.

All costs associated with reviewing the application are the responsibility of the Applicant.

The Planning Commission recommends approving the request for an amended conditional use permit to expand the greenhouse operation by allowing up to forty-five percent (45%) building coverage and to reduce the no-build buffer yard to fifty (50) feet around the entire perimeter of the Subject Property contingent upon the Applicant providing a Certificate of Survey, prepared by a licensed surveyor, to verify that all existing and proposed structures comply with the standards of the Permit.

Motion to adopt Resolution #15-09-225 approving Findings of Fact #0952 and Resolution #15-09-226 relating to Green Valley Greenhouse's request for an amended conditional use permit to expand their greenhouse operation and reduce the buffer yard requirement on the Subject Property contingent upon submittal of a Certificate of Survey to demonstrate that all existing and proposed buildings will comply with the terms of the amended Conditional Use Permit.