The meeting was called to order at 7:03 p.m. by Chair Curt Flug. The Pledge of Allegiance was recited. Chairman Flug read through the order of business on the agenda for the benefit of the audience and announced the postponement of the following items: QTI Holdings (Anchor Acres) and Kim Olson (Olson’s Place). Chair Flug announced that the Sno Barons application would not be on the agenda this evening, as staff is awaiting selection of a consultant by the applicant to begin the EAW process. Ms. Schmitz informed the Commission that the County Board had approved the T-Mobile CUP application on September 6, by a 3-2 vote. The minutes of the August 3, 2006 meeting were approved. Chair Flug then called for a roll call of attendance on the tour of agenda items made on Wednesday, September 6, 2006. Touring with the group were Mary Darragh Schmitz, Patrick Hollister, Curt Flug, Mike Robinson, Craig Mold, and Jim Klinke, Marcus Clay. Touring independently were Lin Strong and Jeff Schoen.

Joe Carchedi - Mr.Carchedi was present at the meeting to ask for review of his reconfigured plat of two lots on 17 acres, to be known as "Joywood 2^nd Addition". The plat was originally proposed as three lots, with a future road right of way being platted to the north property line. This is located in Sunrise Township, Lot 6, Block 2, along with Outlot A, in the plat of Joywood, at the dead end of Joywood Avenue. (PID #09.00760.11.) The matter was originally scheduled to be heard at the August 3rd meeting, but Mr. Carchedi had returned to the township to discuss eliminating one of the lots in return for not being required to physically construct the road to the north property line. The matter was still under discussion with the township at this time. While the township planning commission had recommended approval, the Township Board wished the road to be physically constructed all the way to the north property line. The Plat Review Committee (PRC) had submitted comments and a recommendation. No items of concern had been identified within the plat, and soils and wetlands have been groundtruthed and found to be accurate. Both the original and the revised plat conform to all County requirements and dimensional standards. Either configuration is acceptable to the PRC, who recommended provisional approval, subject to vacation of the existing outlot, and the developer coming to agreement with Sunrise Township and executing a developer’s agreement with Sunrise Township at the time of final plat. There were no neighboring landowners present to offer testimony. After brief discussion, Marcus Clay moved to recommend approval of either version of the preliminary plat, subject to vacation of the existing outlot, and the developer coming to agreement with Sunrise Township and executing a developer’s agreement with Sunrise Township at the time of final plat. Lin Strong seconded it and the motion was carried.

Dan Harrington - Mr. Harrington was present at the meeting to request rezoning of several parcels of land from Agricultural to Rural Residential I. This is located in Sunrise Township, Sec.5, T.35, R.20, on Olson Road (PID #09.00049.20 and .30) The matter had been heard originally earlier in the summer, and tabled at the request of the applicant, in order for him to further discuss his application and the overall growth plan for the City of Sunrise with the Sunrise Township Board. Mary Schmitz informed the Commission that she and planner Patrick Hollister had in fact met with the township to discuss comprehensive planning for the City of Sunrise. Mr. Hollister then explained that although zoning staff was neutral on the application, they recommended that if the Harrington property were to be considered for rezoning, that the properties located between the Harrington lands and the existing RRI district line also be considered, to encourage a sensible and orderly expansion of the existing RRI district. He further pointed out that several of the lots under consideration were actually bisected by the zoning district line at present, (both RR1 and Ag) which could be rectified with a rezoning approval. The Sunrise Township Planning Commission and Town Board concurred with this rationale. After this overview of the proposal, Chairman Flug invited public testimony. Landowner Ralph Hunt, whose property is also under consideration for rezoning, spoke in favor of the proposal. Gloria Cantor and Pat Ward, who own a five acre tract between the Harrington land and the present RRI zone, and whose property is also under consideration for rezoning, spoke in opposition to the proposal. Both believed that the resulting one acre minimum lot size would be too much density in this rural area, and would also not provide a buffer from the ag zone. Mr. Ward asked if the potential inclusion of his land in this rezoning would affect the agricultural uses which he can presently enjoy, such as the raising of livestock, and he was informed that it would indeed curtail any expansion whatever livestock population he currently has. When no further public testimony was forthcoming, Chairman Flug polled Commission members for their views. In general the members concurred that it appeared to be orderly expansion of the existing zoning district. Jeff Schoen however, differed, explaining that he is a member of the Sunrise Township Planning Commission, and he is opposed to immediate action on this proposal. He would prefer to see a longer term plan generated which would include revitalization of the "city" of Sunrise, as a rural village center. He feels that approval of this rezoning request would be premature. Commissioner Mike Robinson asked why the Sunrise Township Board had recommended approval then, and Jeff replied that he had been out of town for that meeting, and wasn’t sure of the rationale. Patrick Hollister had prepared draft findings for approval for consideration, which were then reviewed by the Planning Commission. When no further discussion was forthcoming, Lin Strong moved to adopt the draft findings and recommend approval of the rezoning to RRI, based upon the following findings:

1. At the August 8, 2006 meeting of the Sunrise Township Planning Commission, the Planning Commission recommended approval of Mr. Harrington’s application. The Planning Commission also expressed the preference that the rezoning be accompanied by a similar rezoning of several parcels in the immediate vicinity of Mr. Harrington’s property.
2. At the subsequent meeting of the Sunrise Town Board on August 17, 2006, the Board also recommended approval of Mr. Harrington’s application. The Town Board also expressed the preference that the rezoning be accompanied by a similar rezoning of several contiguous parcels to RRI.
3. Both the Sunrise Township Planning Commission and the Board of Sunrise Township have expressed to County Staff their desire to revitalize the historic Village of Sunrise and have indicated that they see the development of additional single-family housing near the Village as an important step towards this goal
4. The Rural Residential I district is intended to provide a transition area between lower density rural areas and those more urban in nature, to accommodate lower density residential development in areas of existing development, and to provide for long range orderly growth.
5. County Planning Staff have reviewed Mr. Harington’s application and have recommended to the Planning Commission that if the rezoning of Mr. Harrington’s property is approved, it shall be accompanied by a rezoning of the following additional parcels to Rural Residential I: 

1. Ralph C. Hunt 09.00052.00 41170 2nd Street
2. Shane and Gabrielle Stepp 09.00756.04 41232 2nd Street
3. Sunrise Bible Church 09.00756.03 41300 2nd Street
4. Sunrise Bible Church 09.00756.02 41338 2nd Street
5. Joey G & Christine Lorge 09.00756.01 41424 2nd Street
6. Todd J. Rockenstock 09.00756.00 41446 2nd Street
7. Gloria Cantor 09.00049.10 11975 Olson Road

6. It is the County’s practice to prohibit "spot zoning". Rezoning the additional parcels listed in #5 above will achieve this aim.
7. After holding the public hearing, the Planning Commission made the following determinations per Section 8.08D of the Zoning Ordinance: 

1. The amendment will not create an excessive demand on existing parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area.
2. The amendment is sufficiently compatible so that existing development will not be depreciated in value and there will be no deterrence to development of vacant land.
3. The amendment in the opinion of the County is reasonably related to the overall needs of the County.
4. The amendment is consistent with the intent and purposes of the zoning ordinance.
5. The amendment will not cause traffic hazard or congestion.

Craig Mold seconded it and the motion to recommend approval was carried with Jeff Schoen and Josette Schwarz opposed.

Spartan Development - Mac Casey and engineer Charlie Melchert were present to request approval of a preliminary plat of six lots on 50 acres, to be known as "Cedar Grove Farms". This is located in Rushseba Township, Sec.34, T.37, R.21. (PID #07.00462.00 and .20) (This is a replat of the subdivision originally approved as eight lots, and known as "Hawk Heights 2nd Addition".) The plat had been revised from the original approved configuration to eliminate the new dead-end township road. Rushseba Township had recommended approval of the preliminary plat as reconfigured. The PRC had submitted the following comments and recommendations: Problematic driveway issues were identified and discussed at PRC, and developer subsequently submitted revised drawings, in accordance with the wishes of Public Works. As newly configured, the present driveway serving the existing house on Lot 1 will remain, a new driveway will be installed to serve Lots 2 and 3, an old field access will be eliminated where it existed on Lot 3, and one additional driveway will be installed to serve Lots 4, 5 and 6. All lots meet or exceed the minimum dimensional criteria, all soils and wetlands have been groundtruthed and found to be accurate. PRC recommends approval. The Planning Commission had no questions or comments, nor was there anyone present in the audience to offer testimony. Craig Mold then moved to recommend approval of the preliminary plat as proposed, with the condition that the recommendations of the PRC be incorporated into the design. Marcus Clay seconded it and the motion was carried.

Trophy Lake Estates Owners - Grant Hustad of the Trophy Lake Estates Owners was present at the meeting to request a conditional use permit to have five annual commercial outdoor recreation events on their commonly owned property in Trophy Lake Estates. This is located in Chisago Lake Township, Sec.1, T.34, R.20, on Co.Rd. 12 and 355th St. (PID #02.00360.52) The Chisago Lake Township Board had recommended approval with no conditions. Mr. Hustad explained that his group had already had two events this summer, due to a misunderstanding of the relevant condition which had been placed upon the CUP for Trophy Lake Estates. Mary

1. The water sports events shall be limited to five per year. Events shall be limited to water ski tournaments, water ski clinics, boat driving clinics and safety clinics. Ski tournaments shall be limited to 200 entries. The total number of people participating in, volunteering for, and watching a single event shall not exceed 500.
2. The water sports events shall be held on Outlot A.
3. No special buildings shall be erected apart from a party tent to provide shade for contestants.
4. The events shall be accessed from the intersection of 355th Street and County Road 12. Parking shall be provided in the designated parking area on the southwest side of the development and along Patriot and Oxford Avenues.
5. There shall be no permanent signage on the property associated with the waterskiing events.
6. Portable toilets with hand washing stations shall be provided in quantities necessary for the particular event, including handicapped-accessible facilities.
7. Any concession stands or commercial food service must be reviewed and approved by Chisago County Environmental Services and the Minnesota Department of Health.
8. Proof of liability insurance shall be submitted to Chisago County Environmental Services prior to each event.
9. Garbage must be transported by a licensed solid waste hauler.
10. No lighting shall be allowed that would cause intrusive impact to the neighborhood.
11. Noise and vibrations generated shall be in compliance with and regulated by Minnesota Pollution Control Agency rules.
12. Hours of operation shall be limited to 7:00 a.m. until dark.

Marcus Clay seconded it and the motion was carried with the above conditions.

Wade Heilig - Mr. Heilig was present at the meeting to request approval of a preliminary plat of four lots on 20 acres to be known as "Heilig Estates". This is located in Chisago Lake Township, Sec.5, T.34, R.20 at 35068 Vibo Trail (PID #02.00412.00). The Chisago Lake Township Board had recommended approval with no conditions. The Plat Review Committee had submitted the following comments for the record: No problems were identified with the plat itself. Soils and wetlands have been groundtruthed and found to be accurate. The two small sheds next to, and over the property line between Lots 2 and 3 will be removed. The barn and silo on Lot 3 will also be moved off the property or otherwise eliminated. PRC recommends approval, subject to encroaching sheds being removed prior to final plat being recorded. Chairman Flug sought comments or questions from the Commission members, and Jeff Schoen responded that he was familiar with the property, and drove past it often. He commented that he had noted in the past during years of heavier rains, that there appeared to be a watershed problem present on the property that was likely affecting Vibo Lake, to the east. He stated that he would like to see a drainage and erosion control plan submitted with this plat, as has been required on many other subdivisions. Josette Schwarz agreed, asking why we could not require a rain garden on each lot to assist in the management of runoff from the new homes. Mr. Heilig acknowledged these observations, saying that he was well aware of the erosion problem on the property, particularly that of the topsoil. He in fact had received assistance from the township in an attempt to reclaim some of the topsoil. Mary Schmitz agreed that the concern should be addressed, adding that Mr. Heilig could receive assistance from the SWCD, in formulating an appropriate plan. There will be no additional charge for this assistance, due to the Plat Compliance Fee which is now collected from each applicant, and which is used for exactly this type of service. Chairman Flug asked for public testimony, but there were no nearby landowners present to offer comment. After further brief discussion, Lin Strong moved to recommend approval of the preliminary plat as proposed, subject to the sheds encroaching on the common Lot line between Lots 2 and 3 being removed prior to final plat, and the developer working with SWCD Administrator Craig Mell to submit an approved drainage and erosion control plan prior to final plat. Craig Mold seconded it and the motion was carried.

Susan Morris - Ms. Morris was present with surveyor Don Hansen to request approval of a preliminary plat of two lots on 11 acres to be known as "Shiloh Ridge". This is located in Fish Lake Township, Sec.18, T.36, R.22, on Acacia Trail (PID #03.00231.00). The Fish Lake Township Board had recommended approval, on the condition that the gravel driveway (future township road between the two proposed new lots) be 18 to 22 feet wide, with a 28 foot roadbed built to township specifications, and that the two new driveways which will access this roadway be constructed to township driveway specifications. The Plat Review Committee had also

Lin Strong seconded it and the motion was carried.

Mr. Hollister called attention to the Sno-Baron’s Hay Days flyers that he had distributed before the meeting. Mr. Hollister encouraged the Planning Commission members to attend Hay Days, but requested that no-one affiliated with the County accept any discounts, gifts, etc. not available to the general public.

Mr. Hollister passed around a sign-up sheet for three APA Video conference sessions. Mr. Hollister explained that the first two sessions were aimed primarily at Planning Commissioners and the third session was aimed at Board of Adjustment members. Mr. Hollister said that the dates of the video conference sessions were December 6, January 17, and April 25. Mr. Hollister said that Staff would register for the sessions only if there was sufficient interest.

Zoning staff distributed a memo outlining a request from Dr. Willard Carlson to be permitted to replat a portion of an outlot in his clustered subdivision of Sunrise Trails, in Chisago Lake Township, Sec.7, T.34, R.20. A brief history of the subdivision was given, and the rationale for the request. The request is summarized below in pertinent part:

"Sunrise Trails was platted in 2000, and was created as a Planned Unit Development, with community sewer, a private road, and other shared amenities including picnic and park areas, walking trails, and a ball diamond. It was the first true cluster in our jurisdiction, and very well-planned and executed. The subdivision was sited on a 191 acre parcel, and provided 32 lots ranging in size from one and one half acre to 23 acres. The shared open space and recreational areas were created through platting a series of large Outlots totaling 62.5 acres, or about 33% of the parent parcel.

The developer did not maximize his density at that time, as he platted only 32 lots, instead of the 38 lots that would have been permitted using the five acre minimum density calculation. There was not, and still is not, a minimum percentage of open space mandated within a cluster. In addition, the zoning ordinance at that time did not allow for a density bonus with the inclusion of a community sewer system. The ordinance was later amended to allow a one third density bonus with such a system.

Dr. Carlson at this time intends to sell two of the remaining original lots to one buyer, who will combine them for purposes of zoning and building into one building site. Because of this fact, and also because of the change in ordinance, which now permits the one third bonus, Dr. Carlson approached zoning staff and inquired about replatting a portion of one of the outlots, to create one additional residential lot, to replace the one which is being combined with the abutting lot.

Zoning staff concur that the request is reasonable, given both of the relevant special circumstances (i.e. the original plat being below maximum density, and the change in ordinance allowing a bonus) and that the developer should be permitted to develop an additional residential building site from a portion of one of the Outlots.

The Commission members reviewed the memorandum, and concurred that the request was appropriate and reasonable. Lin Strong moved to recommend approval of the request, Craig Mold seconded, and the motion was carried.

Environmental Services Director Mary Schmitz then informed the Planning Commission that zoning staff had undertaken a review of the "Land Use" element of the draft comprehensive plan, to consider the practicality of implementing the matrix which had been devised some months ago. Patrick Hollister and Beth Johnson, the GIS mapping specialist had spent some time mapping out the various schematics which would be possible under the land use element if adopted as it is presently drafted. Mary Schmitz would like to bring alternative subdivision scenarios to the attention of the Planning Commission, in an effort to conclude the revisions to the plan. Various possible dates were discussed, and the evening of Tuesday, October 3, 2006 at 7:00 p.m. was selected for the review to be undertaken.

There being no further business, the meeting was adjourned at 8:26 p.m.