MINUTES OF THE MONDAY, JANUARY 13, 2014
PLANNING COMMISSION HEARING
The Kandiyohi County Planning Commission met on Monday, January 13, 2014 at 7:00 PM in the
Commissioners Room at the Kandiyohi County Health & Human Services Building located at 2200 - 23rd
St NE, Willmar MN. Members present were John Dean, Doug Hanson, Harlan Madsen, and Ronald
Peterson. Also present was Zoning Administrator, Gary Geer, & Assistant Zoning Administrator, Eric Van
Dyken.
Chair Dean opened the meeting at 7:00 p.m.
Minutes of the previous hearing were approved as mailed.
The first order of business was to Re-organize for 2014.
Motion by Madsen, second by Peterson to elect Dean as chair, Hanson as vice-chair, and Peterson as
secretary. Motion carried. Chair Dean appointed Zoning Administrator Geer as recorder.
As per published notice a hearing was held on the proposed amendments to the Kandiyohi County
Zoning Ordinance. Geer opened by noting the nature and extent of the proposed changes. Peterson
questioned how gravel pits can be required to be reclaimed under the existing language of the
ordinance and in light of the proposal to remove permit time limits for gravel pits. Geer noted that
applicants must follow the reclamation plan that is submitted with their permit application. Madsen
stated that a gravel pit owner may or may not apply a time frame to their reclamation. Dean stated that
he is somewhat uncomfortable with removing the timelines as they have worked well. Madsen stated
that the 10 and 30 year timelines are arbitrary and noted that economic changes over time cause
varying demands on the use of gravel pits. Madsen commented that gravel pits are the only conditional
use in the ordinance with a timeline, noting that he does not feel it is good for businesses to operate
with an end timeline in conjunction with their approval. Madsen stated that while the timelines have
worked well, he wonders if they are necessary. Madsen stated that times have changed since the
timelines were introduced into ordinance. Geer noted that a conditional use permit is generally
considered a property right, while pointing out that there are 110 conditional use categories in the
ordinance and only one with a timeframe. Geer noted that in the past when the planning commission
has felt it appropriate, progressive reclamation has been required. Geer stated that operational
requirements are different for each operation. Peterson questioned why an operation might have a
time limit in a conditional use permit, while timelines are proposed to be stricken from the ordinance.
Geer responded that site specific standards can be crafted based on the proposal and that timelines are
not always necessary. Geer noted that timelines might be most appropriate for smaller projects and
that where necessary progressive reclamation can be required as well. Madsen stated that removing
the timelines will level the playing field. Dean commented that removing the timelines will put more
responsibility on the planning commission to make sure conditions are right, which is not a bad thing.
Roger Imdieke stated that he believes solar panels should be allowed in the CI district in Chapter 18.
Geer stated that the intent was to allow for rooftop panels, but that solar farms may not fit in the CI
district due to size. Madsen stated that he agrees with Imdieke that solar energy systems should be
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included in the CI district, while noting that solar farms are likely too large for these districts. Motion by
Madsen, second by Peterson to close the public hearing. Motion carried. Hanson questioned Geer on
the status of gravel pits that have been approved in the past. Geer stated that existing pits are either
grandfathered (legal nonconforming) or they have previously issued conditional use permits and must
follow all of their conditions, including time limits placed on the permits. Geer further noted that
renewed permits would no longer have time limits placed on them if the proposed ordinance changes
are approved Peterson stated that he believes developing the correct conditions for each permit will be
important. Geer noted that gravel pits are never grandfathered to pollute and that existing and future
state regulations will always be applicable for pollution concerns. Geer further explained how the
county has proceeded from no zoning to early zoning, to studying the issue of permitting gravel pits, to
the comprehensive permitting that is currently taking place. Geer noted receipt of a letter from MNDOT
in regards to the ordinance section that currently speaks of lighting shining on public roads, noting their
desire for the language to remain rather than be removed. Geer explained that since receipt of the
letter he has spoken with a MN state patrol officer who noted that the state patrol office in conjunction
with MNDOT traffic engineers should be able to handle such cases. Motion by Madsen, second by
Hanson to recommend approval of the proposed changes with the addition of solar energy systems as a
permitted use in the CI district, based on the following findings as presented by staff:
The Planning Commission recommends approval of the proposed amendment to the Kandiyohi
County Zoning Ordinance No. 9A. The Planning Commission finds that the proposed
amendments serve the interest of the County and the public and further enable orderly
administration of the Ordinance so that public health, safety, and welfare are protected. The
Planning Commission finds that no public testimony has been received that leads them to
conclude that the proposed amendments will be injurious to any individual or other entity or are
otherwise inappropriate for passage into Ordinance.
The Planning Commission unanimously recommends the Board of Commissioners approve the Zoning
Ordinance Amendments as stated above. Motion carried.
As per published notice, a hearing was held on the proposed Sewage Treatment Ordinance. Geer and
Van Dyken explained the need, content, and extent of the proposed changes. Motion by Madsen,
second by Peterson to close the public hearing. Motion carried. Motion by Hanson, second by Peterson
to recommend approval of the proposed changes based on the following findings as presented by staff:
The Planning Commission recommends approval of the proposed Kandiyohi County Subsurface
Sewage Treatment System Ordinance. The Planning Commission finds that the proposed
ordinance serves the interest of the County and the public and further enables orderly
administration so that public health, safety, and welfare are protected. The Planning
Commission finds that no public testimony has been received that leads them to conclude that
the proposed ordinance will be injurious to any individual or other entity or is otherwise
inappropriate for passage into Ordinance.
The Planning Commission unanimously recommends that the Board of Commissioners approve the
Ordinance as stated above. Motion carried.
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In other notes of interest the 2013 Summary was presented. Geer commented on the number of
permits from 2013 while circulating a printout of permitting history and fees received. Geer also
reminded the planning commission of the minor subdivision rules that were passed and made note of
the number of minor subdivisions that have taken place and the improvement that they represent from
previous practices.
There being no further business, meeting adjourned at 7:55 p.m.
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