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Planning Commission Minutes 09-07-2004 . . . MINUTES REGULAR MEETING - MONTICELLO PLANNING COMMISSION Tuesday, September 7th, 2004 6:00 P.M. Commissioners Present: Dick Frie, Richard Carlson, Rod Dragsten, Lloyd Hilgart, and William Spartz Glen Posusta Jeff O'Neill, Fred Patch, Steve Grittman - NAC, and Angela Schumann Council Liaison: Staff: 1. Call to order. Chairman Frie called the meeting to order at 6:00 PM, noting a full quorum of the Commission. 2. Approval of the minutes ofthe regular Planning Commission meeting held Tuesday. August 3rd. 2004. MOTION BY COMMISSIONER DRAGTSEN TO APPROVE THE MINUTES OF TUESDAY, AUGUST 3RD, 2004. MOTION SECONDED BY COMMISSIONER SPARTZ. MOTION CARRIED. 3. Consideration of adding items to the agenda. Dragsten requested that an update be provided on any discussion by Council regarding the tree survey item recommended within the subdivision ordinance amendment approved at the August meeting of the Planning Commission. Frie asked that staff provide a report on the status ofthe Wal-Mart project as well as the recent construction development along Highway 25 south ofthe 1-94. 4. Citizen comments. None. 5. Public Hearing - Consideration of a request for a Conditional Use Permit for a Special Home Occupation for Spiritual/Intuitive Readings and Reiki Healings in an R-l district. Applicant: Kristin M. Thomas/Healing with Spirit . Planning Commission Minutes 09/07/04 o 'N eill provided the staff report, indicating that the applicant is requesting a Conditional Use Permit for a special home occupation permit that would allow "Healing with Spirit" services at her home. O'Neill stated that the proposed use and associated operation is similar to other uses allowed by special permit such as barber and beauty services, photography studio, saw sharpening, skate sharpening, small appliance and small engine repair and the like. O'Neill referred to the applicant's letter, which states that the business would provide spiritual/intuitive readings, Angel Card Readings and Reiki healing. The applicant's letter also reviews the city ordinance standards, noting that the business will be in compliance with all requirements of the special home occupation permit, with the exception of the limited retail activity that will occur on site. As it appears that the use proposed is no different than other home occupation uses that are allowed, O'Neill recommended approval of the home occupation permit. Chairman Frie opened the public hearing. . Applicant Kristin Thomas, 6191 River Mill Drive, made herself available to answer questions. Frie asked if Thomas agreed with the staff report and the conditions as outlined by staff. Thomas indicated that she was in agreement. Frie asked where the holistic centers referred to in her letter were located. Thomas replied that there are numerous locations throughout the area that would be used, depending on availability. Frie also inquired if there is a licensing process for such services. Thomas indicated that while there is no state licensing process, she has completed a certification process. She is also required to provide a notice to customers regarding business practices. Frie asked if the applicant would be willing to provide a copy of that notice for the file. Thomas stated that she would provide that information. Frie asked about any proposed signage for the business. O'Neill clarified that signage for home businesses is limited by the ordinance. Thomas asked for clarification on whether the ordinance stipulates that the name of the individual versus the business be used. O'Neill stated that he could provide the applicant with that information. . Carlson asked about the length of the permit, should it be granted. O'Neill stated that as long as the operation is consistent with the code, it has been the policy in most cases that the use can be continued for an unspecified amount oftime. However, in some cases, staff has chosen to review cases on an annual basis for compliance with the code. 2 ..... . . . Planning Commission Minutes 09/07/04 Hearing no further comments, Chairman Frie closed the public hearing. MOTION BY COMMISSIONER HILGART TO RECOMMEND APPROVAL OF THE HEALING WITH SPIRIT CONDITIONAL USE PERMIT FOR A SPECIAL HOME OCCUPATION WITH THE CONDITION THAT THE OPERATION OF THE HOME OCCUP A TION COMPL Y WITH THE STANDARDS IDENTIFIED BY ORDINANCE. RETAIL ACTIVITY SHALL BE LIMITED TO PURCHASES MADE BY CUSTOMERS IN CONJUNCTION WITH AN APPOINTMENT FOR SERVICE. NO RETAIL SALES APART FROM APPOINTMENTS WILL BE ALLOWED. AN EVALUATION OF THE CUP WILL BE UNDERTAKEN BY STAFF AT ONE YEAR IF ISSUES OF NON-COMPLIANCE WITH THE CODE ARISE. MOTION SECONDED BY COMMISSIONER DRAGSTEN. MOTION CARRIED. 6. Public Hearing - Consideration of a request for an Amendment to an existing Development Stage PUD for a fence line addition and building expansion in a B-3 district. Applicant: AMAX Self-Storage Grittman reviewed the staff report, stating that the applicant is seeking approval of an amendment to a PUD. Grittman noted that the PUD approval that was previously granted accommodated outdoor storage, a common signage plan, and physical improvements to the AMAX Self-Storage facility south of Dundas Road. Grittman indicated that due to improvements along Cedar Street, the front yard of the site would be the Cedar Street side as regulated by code. In seeking the amendment to PUD, the applicant is requesting that the front yard remain at Dundas Street. Grittman explained the recent Cedar Street improvements have also made the site accessible to the City's improved stormwater system, eliminating the need for the on- site ponding in the southwest corner of the site. The elimination of the pond is consistent with the Engineer's expectations for stormwater management in the area. With this change, the applicant is requesting the expansion of two existing storage buildings toward Cedar Street in the area currently occupied by the pond. The new proposal also extends the existing split-face concrete block and black iron fence along the Cedar Street exposure. The building expansion and extension of the fence line would allow for full utilization ofthe site. Grittman noted that while the plans are not clear, it is staffs understanding that the site improvements, including paving, building style, and landscaping wil1 be consistent with current site use. With that notation, Grittman stated that staff are recommending approval. Chairman Frie opened the public hearing. 3 . Planning Commission Minutes 09/07/04 Glen Posusta, 36 Dundas Road, addressed the Commission as applicant. Posusta stated that building materials for the expansion would be of the same type and quality as the existing facilities. Posusta explained that the additional fence will be more of a decorative fence, while still providing the appearance of additional security. Hearing no further comments, Chairman Frie closed the public hearing. Dragsten inquired about the change in storm water drainage. Posusta stated a new storm water catch basin system will be implemented to address storm water issues. Frie asked about the applicant's plans in terms oflandscaping. Posusta indicated that the current line of trees will remain undisturbed. He will also be replacing trees that were damaged in the process of storm drain construction. It is his intent to provide a neat, well- maintained facility. . MOTION BY SPARTZ TO RECOMMEND APPROVAL OF THE PUD AMENDMENT, BASED ON A FINDING THAT THE PROPOSED IMPROVEMENTS ARE CONSISTENT WITH THE PREVIOUS APPROVALS AND MEET THE CITY'S ENGINEERING REQUIREMENTS FOR STORMW A TER MANAGEMENT IN THE AREA. THIS RECOMMENDATION IS CONDITIONED ON ALL NEW IMPROVEMENTS BEING CONSISTENT WITH THE EXISTING CONDITIONS ON THE SITE, INCLUDING BUILDING MATERIALS, LANDSCAPING AND PAVING. MOTION SECONDED BY COMMISSIONER CARLSON. MOTION CARRIED. 7. Public Hearing ~ Consideration of a request for a Simple Subdivision to create two industrial lots in an 1-2 district. Applicant: Standard Iron & Wire Works Patch reviewed the staff report, indicating that Standard Iron & Wire Works, Inc. is requesting a simple subdivision of their property to create two separate parcels. The first parcel would contain all improvements built for Standard Iron. The second parcel would be created for future development in the 1-2, Heavy Industrial District. Patch reported that both parcels to be created would fully conform to the zoning standards applicable to the 1-2 District, so long as the chain link fence shown by the certificate of survey as extending onto what will be the second parcel is removed. Patch also noted that no vacation of easements is required. Public drainage and utility easements are provided on each side of the new lot line dividing the parcels and on the east line of the new parcel. . Dragsten asked if current parking standards support any expansion of the current site. Patch indicated while the existing parking available would limit any large scale 4 . . . Planning Commission Minutes 09/07/04 expansion, the bituminous surface is already fairly expansive and has sufficient area to expand parking. Additionally, there is space for a small expansion, although it is staffs understanding that Standard Iron may cease to operate out of this building. Steve Nelson, representing Wallboard Inc., a potential buyer of the Standard Iron building, addressed the Commission. Nelson stated that the Demeules Family would propose to build an administrative complex on the resulting parcel. Dragsten asked if Standard Iron was going out of business. Nelson stated that they are would be utilizing other existing facilities; they no longer need the Monticello facility for manufacturing purposes. MOTION BY DRAGSTEN TO RECOMMEND TO THE CITY COUNCIL THAT THE SIMPLE SUBDIVISION OF THE PARCEL DESCRIBED AS LOTS 7 AND 8, BLOCK 2, OAK WOOD INDUSTRIAL PARK BE ALLOWED, TO CREATE TWO PARCELS AS DESCRIBED BY THE CERTIFICATE OF SURVEY PREPARED BY TAYLOR LAND SURVEYORS, DATED AUGUST 10,2004 AND LAST REVISED SEPTEMBER 3,2004. MOTION SECONDED BY COMMISSIONER CARLSON. MOTION CARRIED. 8. Discussion Item - Review of Open and Outdoor Storage Ordinance Requirements O'Neill requested input from the Commission on the current ordinance standards for open and outdoor storage. O'Neill briefly outlined terms of the current ordinance. O'Neill noted that clarification needs to be made in terms of setbacks back and screening. O'Neill and Patch cited examples of open and outdoor storage in the community, reviewing cases where it is unclear whether the storage should terminate at the building setback line or at the fence setback line. Patch stated that it would seem to be the best use of property to allow the storage to extend to the fence line. In that case, Planning Commission may need to consider fence line setbacks. Frie asked if misuses have been in commercial, industrial, or residential areas. Frie noted that there seems to be a large number of residential units with a significant amount of outdoor storage. O'Neill stated that the accessory building ordinance attempted to address that issue by allowing slightly larger accessory buildings. This clarification for storage would refer more to commercial or industrial areas. Carlson inquired that as the examples seem primarily industrial, is it realistic to require 5 . Planning Commission Minutes 09/07/04 open and outdoor storage to be in the rear yard. Patch stated that it is reasonable. There may be an exception, as in the case of comer lots. Patch also noted that any open and outdoor storage is also subject to a CUP. Hilgart asked if currently outdoor storage can go all the way to the fence line. Grittman indicated that while the fence may go all the way to property line in these areas, the ordinance is unclear where storage should cease. Specifically in the case of Simonson's Lumber's application, staff questioned where the storage should stop. Hilgart asked if setbacks for outdoor storage were adjusted to building setbacks, would the Planning Commission need to remedy existing violations. Grittman stated that those already having storage beyond the setbacks would be allowed to continue as existing non- conforming uses. Hilgart referred to the imaginary line between a proposed outdoor storage area and the fenceline regulated by ordinance. Grittman stated that gray area is the reason that the clarification is needed; either the fence line has to move back, or the setback for storage has to meet the fence line. . Posusta referred to Simonson's request, stating that the fenceline should shield the outdoor storage in way that allows property owners to maximize the use of their land. Posusta stated that he didn't understand the 6-foot setback requirement for landscape screening. He stated that he would prefer to regulate the look and type of fencing rather than landscaping. Posusta also questioned the large rear-yard setback versus the rather narrow side-yard setbacks. Grittman responded that those issues were why staff sought to clarify the ordinance, both for property owners and staff. Frie asked staffto put together a packet on the subject for Commission's review. Frie asked about the process for a possible amendment. O'Neill stated that staff will put together a packet, then allow Commission to make a recommendation on code amendments. Planning Commission's recommendation would then proceed to Council. Frie asked that discussion on the item be heard at the October meeting. Nelson stated that Wallboard will store steel and other durable materials outside. Therefore, they will need outside storage. Nelson stated that he specializes in industrial real estate, and he thinks many companies are looking for the same opportunity. Maple Grove and Plymouth have more stringent regulations on storage. Frie asked if Patch could make recommendations as to what seems to work for other communities. . Carlson asked ifthere was any confusion in residential areas. Patch responded that while 6 . Planning Commission Minutes 09/07/04 Frie is correct in the amount of personal property accumulating on residential lots, previous accessory ordinance amendments addresses the issue. Carlson requested that the packet focus on commercial and industrial areas. MOTION BY SPARTZ TO CALL FOR A PUBLIC HEARING ON A POSSIBLE AMENDMENT TO OPEN AND OUTDOOR STORAGE REQUIREMENTS. MOTION SECONDED BY DRAGSTEN. MOTION CARRIED. 10. Tree Survey Update O'Neill reported that the ordinance amendment including the tree survey requirement had been placed on the consent agenda, with a notation that Council should pull the item for discussion if needed. Council chose not to pull it off the agenda and the item was approved per majority. 11. Wal-Mart and South Highway 25 Develooment Uodate . O'Neill indicated that the project is moving forward. The final plat has been approved and staff and the developers are working to complete the development agreement. Remaining concerns from Wal-Mart are smaIl and the developers are hoping for a October 1st groundbreaking. Posusta stated that it seemed that one ofWal-Mart's concerns was School Boulevard. The City requires cash in hand before authorizing plans and specs for School Boulevard improvements. This is due to the fact that the City Engineer does not want to go forward without assurances from Wal-Mart that plans are moving forward. O'Neill stated that the City has received the full building permit package, and has provided the complete plan check fee. They have not yet provided funding for review of road plans. Patch believes that the building permit will be issued permit his week. Patch stated that Wal-Mart had done a thorough job and were outstanding professionals throughout the process. O'Neill and Patch discussed the Brendsel project. Patch clarified that building permits have been issued for the strip center as all engineering issues have been resolved. A Goodyear store will be going into that center. The balance will be a retail strip, including a restaurant, which is not proposed to be completed at this time. Patch also reported that Mike Krutzig's second building includes a restaurant. There was some concern about parking. Patch indicated that there is sufficient parking for the first proposed restaurant. . At the time the second restaurant comes in, parking will need to be addressed. The 7 . Planning Commission Minutes 09/07/04 hockey arena will is ready for permit, as well. All of the big commercial projects are going very well, according to Patch. 12. Long-Range Planning O'Neill provided the Commission with a packet prepared for a previous Chamber luncheon. The packet included information on current and proposed projects, as well as major development trends within the community. O'Neill also outlined the long-range planning effort items which would be discussed at Council on the 2th. These items included the authorization of a comp plan update, utility system feasibility studies (sanitary sewer, streets, water treatment) and corresponding trunk fee funding structure. Council will also talk with a consultant for the visioning process for the planning efforts. A steering committee made up of representatives from City and community groups will make up that committee. Another planning item will involve the consideration of staff support and human resources in terms of organizational growth. O'Neill also supplied a potential time-line for the project. . Grittman recommended that Planning Commission begin thinking about what the community is going to look like in 30 years. He encouraged the Commission to look at other communities going through similar growth patterns including Blaine, Apple Valley, Shakopee, Cottage Grove, etc. and take inventory of what seems to work and what doesn't. Staff will also be doing this. Grittman indicated that it will help set up a plan to achieve the envisioned results. Frie stated that a school representative will be important on the steering committee. Frie asked who would hold the public hearing. O'Neill stated that they would be structured as open forums, and be a continuous process. 13. Adiourn. MOTION BY COMMISSIONER SPARTZ TO ADJOURN AT 7:20 PM. MOTION SECONDED BY COMMISSIONER HILGART. MOTION CARRIED. . Angel 8