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Pine Beach Road Rezone Proposal - Crow Wing County Board Packet
Pine Beach Road Rezone Proposal - Crow Wing County Board Packet
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e. Public Lands Tax Parcels
Properties involved in Proposed Zoning Changes
NOTE: Properties listed as “No Change” under the “Proposed Zoning” column will not change to a different zoning
district because the existing land use zoning of those parcels is already commercial.
2021 Proposed Zoning Change Public Comments
https://www.crowwing.us/DocumentCenter/View/5397/Crow-
Paul & Judy Juske Wing-County--Ordinance--Final-Version?bidId=
16207 Wilderness Way
Brainerd, MN 56401 Or, by accessing www.crowwing.us/ordinance and then
clicking the “Crow Wing County land use ordinance (PDF)”
February 28, 2021 link.
RE: Comments on proposed amendments to Concerning building (land use) permits, the Land Use
the official Land Use Map Ordinance states that permits are valid for two (2) years from
the date of approval.
Based on the information we have been able
to obtain:
2 3/3/21 Brian & Rhonda From: Rhonda Thank you for your comments.
Smith Smith <rhonda.smith00@yahoo.com>
Sent: Wednesday, March 3, 2021 6:44 PM
To: Landservices <Landservices@crowwing.us>
Subject: Land Use Amendment for Pine Beach/CR
77
March 3, 2021
Sincerely,
3 3/04/2021 Loren Beilke/White Please find attached comments letter Thank you for your comments.
Sand Lake
Association Best Regards Concerning stormwater runoff, all commercial uses that
-- involve a land use permit application requires a storwmater
Loren Beilke management plan to be submitted to the Coutny and approved
Owner, USAMDT of NW Minneapolis, by County staff that are capable of safely passing a 100 year-
24-hour storm event. Those plans must be consistent with the
Minnesota
most current version of the Minnesota Stormwater Manual.
O: 763.458.0421 | C: 218.454.4008 | F: And, such plans must be designed for permanent on-site
218.454.3140 treatment of one inch of stormwater runoff on all impervious
Disclaimer | Privacy Policy surface coverage on the lot. The plans must be effectively
implemented by expiration of the land use permit (2 years) or
See Letter 1 attached upon substantial completion of the project, whichever is
sooner. These stormwater management requirements are more
stringent than residentially zoned properties because
stormwater management plans are only required on residential
properties if the impervious coverage exceeds 15% on a
particular property.
Karen Taverna
5 3/04/2021 Philip Hunsicker From: Philip Hunsicker Thank you for your comments. Concerning stormwater
<philiphunsicker44@gmail.com> management, see staff responses to comment #3, above.
Sent: Thursday, March 4, 2021 8:05 PM
To: Landservices <Landservices@crowwing.us> Concerning commercial lighting and other commercial
Subject: rezoning on north side of Red Sand Lake standards, all commercial uses must adhere to Article 16 of the
land use ordinance, which specifies requirements for lighting,
parking, screening to residential uses, and other commercial
Dear Members of the Planning Commission and
performance metrics.
the County Board,
I live on Red Sand Lake and was recently
informed of the proposed zoning changes that
would convert properties located within the
shoreland zone to Commercial District 2. The
2021 Proposed Zoning Change Public Comments
6 3/05/2021 Rod & Jennifer From: Jennifer Skorich <cddonuts@gmail.com> Thank you for your comments.
Skorich Sent: Wednesday, March 3, 2021 6:00 PM
To: Jacob Frie <Jacob.Frie@crowwing.us>
Subject: Zoning Change on County Road 77
Good afternoon,
2021 Proposed Zoning Change Public Comments
7 3/05/2021 Brian Twamley Thank you for your comments. Concerning water quality,
Brian Twamley County approved stormwater management plan are required to
be implemented for all commercial uses on commercially
From: brtbrt@charter.net <brtbrt@charter.net> zoned property. See staff response to comment #3, above.
Sent: Friday, March 5, 2021 2:39 PM Also, all commercial development that requires a land use
To: Landservices <Landservices@crowwing.us> permit are subject to County septic requirements – see staff
Subject: Proposed Zoning changes - Pine Beach response to comment #3, above. Other requirements which
Road have potential influences on water quality must be adhered to
as well including maximum impervious coverage, well
locations (Minnesota Department of Health), setbacks to
2021 Proposed Zoning Change Public Comments
8 3/05/2021 City of Baxter From: Bradley Chapulis Thank you for your comments. Crow Wing County shares
<BChapulis@baxtermn.gov> your concerns regarding surface and groundwater influences
Sent: Wednesday, March 3, 2021 12:40 PM as a result of potential developments on properties in Crow
To: Jacob Frie <Jacob.Frie@crowwing.us> Wing County. That is why Crow Wing County’s Land Use
Cc: Tim Houle <Tim.Houle@crowwing.us>; Tim Ordinance includes enhanced performance standards for both
Bray <Tim.Bray@crowwing.us>; Aric Welch residential and commercial properties alike in order to protect
<Aric.Welch@widseth.com>; Brian Ross the County’s water quality. These increased standards include
<Brian.Ross@widseth.com>; Trevor Walter stormwater management requirements (see staff response to
<TWalter@baxtermn.gov> comment #3), septic system requirements (see staff response
Subject: City of Baxter Response Letter - Proposed to comment #3), and other provisions. Before land use permits
County Land Use Ord/Map Amendments are issued, staff performs site visits to properties to ensure
setbacks and other ordinance provisions are adhered to prior to
approving the land use permit. We look forward to ensuring
that the County’s high standards of protecting our natural
Mr. Frie: resources, including surface and groundwater quality, is
placed at the forefront of decision making while also
Thank you for the opportunity to comment on the considering future land use planning concepts that are
proposed amendments to the County’s Land Use reasonable and prudent to well-ordered developments in Crow
Ordinance and Map. Attached is a letter outlining Wing County.
the City of Baxter’s comments/concerns on the
proposed changes, particularly those along County
Road 77. A hard copy of the letter was sent via
USPS this morning. Should you have any questions
or would like to discuss the items outlined in the
letter, please do not hesitate to call me.
Thanks.
Brad
2021 Proposed Zoning Change Public Comments
Bradley Chapulis
218-454-5105
bchapulis@baxtermn.gov
Kirstin Lindbery
From: danberg56472@yahoo.com <danberg56472@yahoo.com>
Sent: Sunday, March 21, 2021 10:27 AM
To: Landservices <Landservices@crowwing.us>
Subject: REZONING PROPOSAL ALONG COUNTY ROAD 77
I would never have bought property here had I known it may someday be rezoned to commercial. It seems very unfair
that a board of elected officials , that we elected to look out for our best interests, would consider doing this.
Rosemary, when you were last running for office, you and I had a long conversation about the traffic and speed on this
road and you agreed it was a problem that should be addressed. You brought up your own street and the problem with
people speeding on it. After you were reelected I sent you an Email asking if we could get a sign posting the speed limit,
and signage to tell people not to pass on the shoulder. You said that shouldn't be a problem and referred me to Tim
Bray. Tim informed me that the county doesn't post speed limit signs on county roads or signs that tell people not to drive
on the shoulder. When I pointed out that there was a sign just west of the Gull River, on County Road 77, telling people
not to drive on the shoulder, the sign was removed.
People dog walk and ride bikes on this road and adding more traffic will make that more dangerous. Allowing Land Werks
to put their business on this road has already added more noise and truck traffic. Changing this area to commercial will
ultimately lead to more traffic and more noise and our property values going down.
Is Crow Wing county willing to compensate the property owners, many of whom have lived here for a long time and can
no longer enjoy their homes and have decided to move, for their property being worth less money?
I am a disabled veteran on a fixed income. I have no way to make up taking a loss on my property value. I sincerely
hope the board considers the impact this could have on the property owners and taxpayers involved.
Ardan Z. Berg
Contact information:
danberg56472@yahoo.com
Phone number: 218-513-7000
5001 Pine Beach Road
Brainerd, MN 56401
1
By Kirstin Lindbery at 3:55 pm, Mar 30, 2021
Kirstin Lindbery
‐‐‐‐‐Original Message‐‐‐‐‐
From: Dale Bosch <dalebosch218@gmail.com>
Sent: Tuesday, March 30, 2021 3:01 PM
To: Landservices <Landservices@crowwing.us>
Subject: Planning commission city rd 77
My name is Dale Bosch a residence at 15755 Patterson Rd., Brainerd, MN we live on the north west corner of red Sand
lake. I am very concerned about the runoff issues into Red Sand Lake , the amount of sodium ( road salt) that is running
into the lake from the roads and quite frankly the businesses on the west side of 371 is changing the make up of our
lake. Rezoning the length of 77 will not improve this, especially if more impervious surfaces are put in on the south side
of 77 between 371 and Patterson rd Dale Bosch
Sent from my iPhone
1
Date April 6, 2021
On March 30, 2021, I attended a virtual Crow Wing County Planning Commission meeting.
One of the meeting topics was a proposal to rezone land on the north side of Red Sand Lake
along Pine Beach Road (Hwy 77). The properties currently zoned as part of the Protective
Shoreland District would be rezoned to Commercial District 2.
I listened carefully. What I learned about the process, however, disturbed me. No one at this
meeting spoke in favor of this zoning change. No part of the documents I received identified
any benefit of this change. Everyone (virtually) present spoke out strongly against the
change.
My read? Even though the proposal seems wildly unpopular, it made it this close to the
approval stage. All of the preliminary steps appear to have been left out. I'm offended by
the lack of transparency. There appears to be a process that represents the unstated goals of
parties that are not identified.
County staff informed us that the rezoning idea was initiated during a working session
involving the Planning Commission, the County Board, and County staff. They did not
identify:
When the session occurred
Who was in attendance?
Who initially floated the idea?
Who spoke in favor of it? Who was against?
How does the proposed change advance the common good?
If there was a vote to adopt the proposal, who favored it?
In short, were meeting minutes generated and posted?
At some point the Crow Wing County Planning Commission met and accepted the
working session's recommendation and distributed materials to the public for the
hearing which occured March 30. Are there minutes from this meeting?
I have not seen the minutes from the March 30 meeting of the Crow Wing County
Planning Commission.
I have not seen the zoning change recommendations from the March 30 meeting of
the Crow Wing County Planning Commission.
I vigorously oppose the rezoning of shoreland properties to commercial properties along the
south side of Pine Beach Road. I understand that land use policy always involves competing
interests. I find it unacceptable, however, to consider commercial rezoning of land within the
footprint of a Protective Shoreland District. Finally, the process used and the communication
of details is glaringly deficient.
Sincerely,
John Hoffman
15880 Blue Heron Drive
Brainerd, MN
By Kirstin Lindbery at 12:05 pm, Mar 23, 2021
Kirstin Lindbery
Subject: FW:
From: Brian Rinio <rinio787@gmail.com>
Sent: Monday, March 22, 2021 8:53 PM
To: Landservices <Landservices@crowwing.us>
Subject:
I do not agree with turning this residential area into a commercial district. The area highlighted to be changed to
commercial to the south of 77 is completely residential and should remain that way. Residents down redsand
lake road have agreed to this. We want to know what the reasons are behind this and why it has even been
brought up. Changing to a commercial zone affects (in a negative way to us) our building permits and set back
requirements for any future plans that we had and any others may have had in this area. It restricts the
improvements and uses that we can make on our properties.
•What impact will it have on our taxes with changing to commercial zoning?
•What is the difference between commercial district 1 and commercial district 2 zoning?
•What is/are the reason/reasons for changing this area to a commercial zone?
•Are there tentative plans that have caused this zoning issue? Example:Are there large businesses planning on
building here, commercial buildings being constructed in place of homes that are already there?
•Are there any foreseeable road assessments with this zoning change?
In conclusion, residents in this area feel this change is unnecessary, unexpected and concerning for the families
that have built their homes here and for future families moving into this area.
1
March 30, 2021, Planning Commission/Board of Adjustment
Proposed Land Use Map Amendments – County Road 77
Discussion began with Frie explaining the history of this proposal. In late 2020, early 2021, there was a series of Work
Sessions with the County Board of Commissioners, Planning Commission / Board of Adjustment Members, and Staff. As
a result of those discussions and work sessions, and per direction, we prepared a proposed list of fifty-one (51) individual
properties along a 1.5 mile corridor on either side of County Road 77 (Pine Beach Road) – from the City of Baxter area
and State Highway 371 to the East, and to Patterson Road to the West. This list of parcels is proposed to possibly be re-
zoned from Rural Residential 2.5 (RR2.5) or Shoreland District to Commercial 1 or Commercial 2 zoned properties. As
part of this proposal, 38 of the 51 properties listed would be proposed to change zoning, and 14 properties would stay the
same (in this instance - a majority of a parcel must be zoned the proposed zoning class in order for the parcel to be
considered Commercial).
A Public Comment Period was opened on February 5, 2021, and was closed on March 5, 2021. A total of sixteen (16)
comments were received, one of which consisted of a Petition of twenty-six (26) individuals in opposition of the proposed
zoning change. In total, fourteen (14) comments were received from individuals, one (1) comment from White Sand Lake
Association, and one (1) comment from the City of Baxter. These comments can generally be considered unsupportive of
the proposal. We have received four (4) additional comments since the end of the Public Comment Period – two (2) of
which are included in the online packet, and two (2) that have been emailed and printed for Board Members tonight. All
Board Members acknowledged they had received and read all comments. Responses to all comments received during the
Public Comment Period are also included in the online packet of information.
Frie then explained the proposal. Hales asked if the Board Members had questions at this time. No questions raised.
Hales then opened the Floor to Public Testimony. Numerous meeting attendees, neighbors, and property owners
provided testimony via videoconference or phone, and that testimony can be characterized as generally unsupportive with
numerous concerns raised. Those who provided Public Testimony included: Jerome Urbaniak, Loren Beilke, Phil
Hunsicker (not representing the DNR), Lisa Meachum, Dale Bosch, Bryan and Rhonda Smith, Brian Wallace, Bob
Hanson, Brian Twamley, Jeanine Latond
Concerns included water quality and pollution; preservation and protection of water and natural resources and the
environment with numerous lakes and wetlands in the area; there is no inlet/outflow into or out of Red or White Sand
Lakes; stormwater issues and watershed; light pollution and losing the rural nature of the area – “losing the night sky”;
shoreland protection zone concerns about commercial development so close to lakes; increased traffic with Commercial
businesses in residential areas; increased traffic could potentially result in increased run-off, road salt and contaminants;
broad range of potential commercial businesses could be located in these areas. Specific areas around the nearby lakes
were singled out and property owners around those lakes are concerned and unsupportive - concerned most about losing
the peace, tranquility, and ‘quietness’ of this area. Noise pollution is ‘creeping in’. Numerous questions were raised which
included property tax implications and valuations – property tax is determined by the USE on the property, not the zoning
classification); advantages to having Commercial property – broader range of uses; issue of loans was presented also,
commercial vs residential? City water and city sewer possibilities and implications were also questioned – we are not
aware of any request from the City of Baxter to annex at this time. Septic will be addressed with ISTS and individual wells.
Lake water level concerns were also expressed. Commercial permits were discussed – without researching our permit
records, we do not have an answer to the number of permits or pending permits along this corridor.
Frie showed the Ordinance Land Use Tables, and named a number of types of businesses which could potentially be
located within each of the districts. The proposed Land Use Amendment is being considered at this time due to a number
of re-zoning requests that have been located along County Road 77. Commercial Uses along this corridor are becoming
more abundant, and the Boards have tried to discuss and strategically look at rezoning requests that are becoming more
frequent in this area.
Discussion commenced. Preferences and alternatives were posed. Properties North of County Road 77 and not so far
west could be those proposed to be rezoned. Planning Commission recommends that the County Board take public
concerns and comments into consideration with this proposal. Reconsideration of a more broad reclassification along this
corridor could be discussed as a future possibility.
5
March 30, 2021, Planning Commission/Board of Adjustment
Decision:
Motion by Skogen; supported by Yliniemi, to make a recommendation to the County Board of Commissioners to
approve the following amendment to the Official Land Use Map:
Properties zoned Rural Residential 2.5 or Shoreland District be re-zoned to Commercial 1 or Commercial 2, on
the North side of County Road 77 only, from State Highway 371/City of Baxter line West to Wilderness Road.
No changes to parcels located South of County Road 77 are proposed; property ID numbers within this area and
new proposed zoning maps to be determined by staff per guidelines proposed, prior to County Board
presentation.
Roll call vote: Skogen, Maske, Best, Yliniemi, Hales – all voting "Aye"; Unanimous; Motion for amended
recommendation of Approval, Carried.
Recess: 6:55 PM
Reconvened: 7:02 PM