Tower Planning and Zoning Commission considers RV Campground development; zoning change request
MAY 4, 2016—
Power Sports of Minnesota, Inc. requests Conditional Use Permit on parcel 080-0020-00030
“Which came first, the chicken or the egg,” David Rose asked the Tower Planning and Zoning Commission in defense of his Conditional Use Permit application to build a 42 site campground along East Two River lands Power Sports of Minnesota, Inc. recently purchased. According to Rose, the Department of Natural Resources (DNR), and other state regulatory agencies won’t consider the project, providing the necessary approvals, unless he has a concept plan approved by Tower in advance.
“This cannot be considered an official application, yet, because the zoning change won’t be made until Monday. The land has not yet been rezoned.” commissioner Steven Altenburg said. “We cannot take any action,” Altenburg said.
The application, which was deemed incomplete by the commission, has been made before the city has had an opportunity to complete the anticipated zoning change which would allow a campground facility. The proposed zoning change is required to survive two readings, garnering majority support both times from the council, before it can be implemented. It was expected that the second reading would be held at the April 25 meeting of the city council, but that vote was not conducted because a full board was not available to vote at that time. The full council must be at the meeting to vote on zoning changes, and the agenda item was tabled until a full council is available. It is expected that the zoning change will again be on the agenda at the Monday, May 9, regular city council meeting.
Commissioner Daniel Broten said that he wasn’t sure the project warranted 42 lots. There are a lot things yet to be considered, such as wetlands, wastewater treatment, and how to handle boat docks and overnight boat parking. “You will need to apply for a Planned Unit Development (PUD),” Broten said.
It is expected that the PUD application would be in addition, in fact prior to the issuance of a Condition Use Permit. The PUD, determines how land use is affected by the area available to be developed. It considers wetlands which must be preserved, and which lands can be used for development. The number of units allowed are based on specific formulas for first tier, second tier, and further tier development as you move away from the river. The Conditional Use Permit is a permit necessary to create specific development in a mixed-use zone such as Tower Harbor North, the anticipated new zoning designation yet to be approved by the city for the subject parcel. The Conditional Use Permit allows specific types of development provided certain conditions are met.
Planning and Zoning Chairman John Niemiste said, “What we are saying, is that there is a lot of gray areas to be sorted out. The plan you submitted is incomplete. It doesn’t warrant too much more of our time, until it is complete.” The state agencies won’t become involved with the due diligence aspects of the proposed project with out city recommendation, according to Rose. There is also a lot of expense involved in preparing the application, such as wet land delineation and obtaining necessary agency approvals. Enough to exceed the value of the land, Rose reported.
“What I’m not asking is for approval for 42 lots. I’m asking for a recommendation to have a RV Park,” Rose said. “We could end up with a lot less lots when all the reports come in,” Rose said. He emphasized that he just needed approval to have an RV park, should he meet the conditions set by the city, so he could get started on getting the project application underway, and work with the agencies he needed to work with.
“There are a lot of concerns that need to be addressed before we can give approval,” Broten said. There is a 66 foot easement of record on the land parcel, shared with four additional parties, and there are issues with boat parking on the river channel, according to Broten. There have been a lot of federal and DNR funds spent on improving the historic boat channel, and these concerns and regulations need to be investigated. “It is a navigable part of the river, connecting Lake Vermilion and the harbor, and we need to find out what can be done,” Broten said. Consensus was achieved — the Planning and Zoning Commission still has much to learn about just what is possible and that this was the first permit request for development at the Historic Tower Harbor project.
After lengthy discussion on the many different aspects of the project the commission determined that it would recommend to the city, “that it give tentative approval to the project, providing that all conditions were met, and that the zoning change to Tower Harbor North proceeded as expected.” The Tower Harbor North designation does provide for RV campgrounds with a Conditional Use Permit.
“I’ll make that motion,” Alderman William Hiltunen said. Commissioner Altenburg seconded the motion which passed with all commissioners voting in favor.
Vermilion Properties Company, LLC requests zoning change for part of parcel 080-0020-00010
Nathan Dostert, representing Vermilion Properties Company, LLC, appeared before the Planning and Zoning Commission requesting that it recommend to the City of Tower approval of his request to change part of parcel 080-0020-00010 from its current zoning designation of Open Land to a Commercial-1 designation. According to Dostert, he is prepared to purchase the additional one acre piece, and this zoning change will allow Vermilion Properties to construct up to two new storage buildings adjacent to the two buildings his company already owns on parcel 080-0019-00120. It is expected the first building to be constructed will be 40 feet by 100 feet in dimension, be equipped with security lighting and possibly security cameras. It is anticipated that the building will be cold storage, very similar to what already exists on his neighboring site, according to Dostert.
City Clerk Linda Keith informed the commission, that the proposed site was 1,117 feet away from Lake Vermilion, and not within any shoreland impact zone. Commission member Altenburg said that he was concerned about maintaining a vegetation screen to the bike path. “What is there now, will be maintained,” Dostert said. “I plan on using the same driveway. I don’t like to take trees down, unless they are dead or dying,” Dostert said.
The commission discussed the zoning change proposal and decided that they would make the recommendation for the change, provided that Vermilion Properties Company legally complete adding the additional land to its current parcel, 080-0019-00120, keeping parcel 080-0020-00010 fully separate and continuing as an Open Land designation.
Commissioner Broten made a motion to recommend the change, to the Tower City Council, provided the legal change of parcel dimensions was completed with the new portion added to parcel 080-0019-00120, upon which the existing storage buildings are located. Altenburg provided support for the motion and it passed unanimously.
The Planning and Zoning Commission members are: John Niemiste, chairman; Steven Altenburg; Daniel Broten, Alderman William Hiltunen, and Victoria Meloche, who was attending her first meeting following her April 25 appointment. City Clerk Linda Keith is the non-voting Zoning Administrator. Readers can look up parcel maps, using the codes numbers provided, at the St. Louis County land data website: http://gis.stlouiscountymn.gov/planningflexviewers/County_Explorer/.