Planning Commission Minutes 08-03-1999
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MINUTES
REGULAR MEETING - MONTICELLO PLANNING COMMISSION
Tuesday, August 3, 1999
Members Present:
Robbie Smith, Roy Popilek, Richard Carlson, Rod Dragsten
Staff Prescnt:
Steve Grittman, leffO'Neill and Lori Kraemer
Members Absent:
Chair Dick Frie and Council Liaison Clint Hcrbst
1. Vice Chair Richard Carlson called thc meeting to order at 7;00 p.m.
2. Approval of minutes of the regular meeting held Julv 6. 1999.
ROBBIE SMITH MOVED TO APPROVE THE MINUTES OF THE JULY 6, 1999
REGULAR PLANNING COMMISSION MEETING. ROY POPILEK
SECONDED THE MOTION. Motion carried unanimously.
3.
Consideration of adding items to the agenda.
Roy Popilek asked Jeff O'Neill to update the commission regarding Morcl Trucking.
This was placed under 12a. Rod Dragsten requested an update on Kjellberg which was
placed under I2b. Robbie Smith shared a concern regarding junk cars at Ken's Service on
Broadway/75.
4. Citizens comments.
There was no response from the audience.
5.
Consideration of a request for a review of a Concept Stage Planned Unit Development
and Concept Stag:e Office/Industrial/Regional Storm Water Pond develooment for two
parcels totaling approximately 11 acres in size. Applicant: Monticello Village
Apartments.
Monticello Village Apartments has applied for consideration of a residential Planned Unit
Development and adjacent office/industrial use. The submitted concept plans consist of two
parcels totaling approximately 11 acres located west of Minnesota Street, south of Ruff s
Auto, and east of Elm Street. The first stage of development would include the construction
of the residential PUD and regional storm water pond. Construction of the proposed
office/industrial building, regional stormwater ponding facilities and extension of7lh Street,
between Minnesota and Elm Streets, would occur as a second stage and would require a
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future rezoning.
Stcve Grittman presented thc staff report. StafTwas asked to look into thc development of
this particular sitc as well as concerns with screening of this site duc to its proximity to the
RufTAuto site. Steve noted that the residential phase of this dcvelopment would stay further
east and thc industrial component would be more in proximity to Ruff Auto. Thc main issue
would be to makc sure the rcquirements of a bufferyard were met. Steve also stated that the
building spacing would necd to be looked into, although the City does not have specific
guidelines pertaining to using building height as spacing and the devcloper would be
rcquired to space the buildings out more. Steve will clarify with the developer the use of
possibly smaller garages.
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Steve stated that the commercial/industrial piece is consistent with what staff has been
looking for as land use, the PZM site is appropriately zoned for office use. The
commissioners questioned the reimbursement for the storm water pond and Steve noted the
pond is a regional pond and therefore the developer would receive credits against thc trunk
storm sewer fee for the pond. They also questioned the number of bedrooms in this proposed
apartment complex. Steve noted that these issues would come later in the development
stage. The commission also questioned the parcel to be split on 7th Street (remnant piece)
and they requested that the developer indicate conceptually what might happen with this
piece as they are looking for ideas from the developer that would be acceptable to staff.
Steve noted that because of the slope on this piece there may not be other options.
Richard Carlson opened the public hearing.
Brian Sullivan of RLK addressed the issues regarding the buffer between the proposed
residcntial site and Ruff Auto stating the use of the garages would be a visual screen. He
also addressed the issue of building spacing and noted they would like to sprcad the
buildings out but would also like to have leniency regarding encroachment. Mr. Sullivan
also noted that the developer would not be fully responsible for assessments for the proposed
extension of 7th Street. However, they would pay their share for the officelindustrial potion
of the site.
Larry Pebbles, Coldwell Bankers, noted that spreading the buildings out would still allow
them to fit within the required setbacks with the exception of the decks which would hang
over approximately 5 feet. They could spread out two of the buildings but the other two
would be a little more difficult. Steve Grittman stated he thought this may be allowable for
encroachments.
Mr. Scott Hill, Monticello resident, asked if the pond abuts the property and is it a stand
alone or does it drain into the city storm sewer system. His concern was the possible runoff
from the Ruff Auto property into this pond and would it be adequately protected. Steve
Grittman stated he would look into this in detail.
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Richard Carlson closed the public hearing.
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The commission commcnted on location of the garages listed as item #6 of the conditions
in Exhibit Z, noting this would really chop up the layout and the developers dcsign would
make it a cleaner look. Mr. Sullivan pointed out that this design creates a good butler to
Ruff Auto.
Vice Chair Carlson askcd thc developers if they were okay with thc conditions stated. Mr.
Pebbles had a concern rcgarding zoning of the proposed apartments, but it was noted that this
is properly zoned. Steve also noted that this is a concept plan for a PUD and the ncxt step
would be to get a detailed plan including drainage, utilities, etc.
Procedurally, the City should consider the PUD concept plan, making comments and
requirements for the developer's further planning. The review of the concept plan is for the
purpose of identifying issues in the design which would raise concern for the City. A PUD
project is assumed to be a departure from the zoning standards, but with a superior dcsign
and developmcnt not likely through the strict application of those standards. Therefore, the
ultimate finding which thc City must make is that thc project design meets the intent of thc
PlJD ordinance. Following the concept plan review, the developer will need to apply for a
development stage PUD for both parcels.
ROY POPILEK MOVED AND ROBBIE SMITH SECONDED A MOTION TO
RECOMMEND APPROY AL OF THE PUD CONCEPT PLAN BASED ON A
FINDING THAT THE PROPOSED PLAN IS CONSISTENT WITH THE INTENT
OF THE COMPREHENSIVE PLAN AND PZM DISTRICT, SUBJECT TO THE
CONDITIONS LISTED IN EXHIBIT Z, WITH THE EXCEPTION OF ITEM #6.
Motion carried unanimously.
6.
Consideration of approval of the preliminary plat for Hart Blvd. addition.
Steve Grittman presented the staff report. As you may recall, some time ago with the
development of the River View Square Plat, there was a need to subdivide the River View
Square property from a parcel that included both land on the East side of East Co. Rd. 39 and
land on the West side of West Co. Rd. 39. The simple subdivision of this property which
was made which resulted in River Square on one side and a remnant parcel on the West side
of East Co. Rd. 39. This particular plat encompasses the remnant property. The parcels
identified on this plat are linked to adjoining parcels and become logical extensions of
neighboring lots. Ownership of this property is the City and it is expected that the City will
sell these small parcels, which are undevelopable, to the adjoining property owners. City
Staff recommends approval of the Hart Blvd. addition. Approval of this consideration of this
plat is truly a house-keeping matter.
Richard Carlson opened the public hearing and hearing no response, the hearing was closed.
ROD DRAGSTEN MOVED AND ROY POPILEK SECONDED A MOTION TO
APPROVE THE PRELIMINARY PLAT OF THE HART BOULEVARD. Motion
carried unanimously.
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7.
Consideration of a variance to the five I<.wt set-back requirement I<.)r drive aisles. AroIicat
Peterson/Grimsmo Funeral home.
Steve Orittman provided repOli. Planning Commission is asked to conduct a public hearing
and consider granting a variance to the drive aisle setback requirement along the Red's
Mobile side of the property. Proposal is to allow for 0 setback for expansion of the funeral
home. On the Red's Mobile side of property the site plan shows drive aisle that serves the
mortuary garages. This portion of the parking lot will be used by mortuary vehicles only
which means that there wi II be no head-in parking that would result in bumper overhang, and
no parallel parking that would result in door swing hanging over adjacent propeliy. In
addition, area of the variance is roughly adjacent to the blank east wall of the Red's Mobile
building. A varianee would bring the curb very close to the Red's mobile buildi ng wall and
maximize functional space. Requiring the setback would provide space for landscaping
which would break up the monotony of the blank wall but reduce area needed for
maneuvering vehicles.
The applicant has indicated that the variance is necessary to obtain reasonable use of the
property due to the configuration and location of the existing building. There is some
precedent supporting the variance. A few months ago, Thein Well company was given a
variance allowing the curb line to move adjacent to the lot line.
Vice Chair Richard Carlson passed the chair to Rod Dragsten and was seated in the audience
for the public hearing. Rod Dragsten opened the public hearing.
Mike Cyr, MLC Building and Remodeling, explained the vehicle/garage portion faces the
Red's Mobile. To make the best use of the property would be to get this variance. Mike also
talked of putting a fence along the curb in the open space area, approximately 30 feet from
the property line. Jeff O'Neill stated it should be noted that parking lots are different than
buildings in that with parking lots there would be possible overhang. The commission asked
about the number of stalls and Mike Cyr stated there would be four, all one depth.
Rod Dragsten closed the public hearing.
After further discussion, Mike Cyr stated the intent of the variance was the need for a five
foot setback, and it was noted that this area is restricted from turning.
ROBBIE SMITH MOVED AND ROY POPILEK SECONDED A MOTION TO
GRANT THE VARIANCE TO THE DRIVE AISLE SET-BACK REQUIREMENT.
THE LENGTH OF THE VARIANCE TO CORRESPOND WITH THE AREA
NEEDED FOR FUNERAL HOME VEHICLE MANEUVERING IN AND OUT OF
GARAGES. ROD DRAGSTEN OPPOSED. Motion carried.
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8.
Consideration of a request for a Preliminarv Plat. Rezoning to R-I and R-2. and final Plat
for Groveland. a Mixed Use Development. Annlicant: OceIlo. LLC.
Steve Grittman presented the staff report noting that this project was reviewed and staff has
made a number of comments on the layout and design. The application has been rcvised in
a manner consistent with staff recommendations. The dcvelopcr has re-worked the
interscction on the westerly side to crcate better acccss. It was noted that Public Works
Director John Simolahad requested thc developer invcstigate similar extension of the strcet
from the cul-de-sac and street, noting they would like considcration regarding the limiting
of cul-de-sacs. Jeff O'Neill asked about the Public Works Director's reason for moving the
cuI-de-sac and it was noted that it is to avoid traffic cutting through from School Blvd. and
force it through Chelsea Rd. If the road were to be connected at this location it would make
it a high traffic area. Developer has been discussing the extension of Chelsea Road into the
development. Steve also noted the MOAA finds that the property is appropriate for
annexation.
There was further discussion on the realignment of Chelsea Road which Steve stated we will
need to ask the developer to define this. Access point is also an issue and the developer
states they would work toward developing this phase to get the second access in as soon as
possible, noting there would be two accesses into this area in a short period oftimc. Access
to Sandberg Road is still being worked on and the status has not yet been determined.
There was further discussion regarding the planning commission process and annexation.
Steve noted the MOAA finds that the property is appropriate for annexation It was
suggested that final plat and zoning not occur until after the MOAA has finalized the
annexation process. The commission asked that Steve approach the MOAA board with these
concerns and get a more defined process the board would like the planning commission to
follow. The planning commission also asked that they receive a formal written procedure
of a copy of the minutes regarding the parks commission recommendations.
As an additional point of information, one of the parcels (Little Mountain Partnership)
separating the Groveland Plat from the Chelsea Road connection, has been acquired by the
developer. There remains one last intervening parcel that remains to be acquired by the
City as part of the Highway 25 Project.
Richard Carlson opened the public hearing. Tony Emmerich, Groveland Developer, stated
he is satisfied with the staff s findings and conditions listed. Regarding the OAA issue, it
appears to be resolved. Mr. Emmerich also stated that technically they applied for
annexation a year ago to get this development started. He also noted that Little Mountain
Partnership has signed the deeds.
The public hearing was closed. There was further discussion by the commissioners
regarding the power line that goes through this development across the lots. It was clarified
that the setback is from the street to the power line and the power line easement is a full
distance of the pole, there is no portion of a house within this area (75 feet on either side).
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ROD DRAGSTEN MOVED AND ROBBIE SMITH SECONDED A MOTION TO
RECOMMEND APPROVAL OF THE PRELIMINARY PLAT FOR GROVELAND,
A MIXED USED DEVELOPMENT,BASED ON A FINDING THAT THE LAND USE
PATTERN IS CONSISTENT WITH THE CITY'S COMPREHENSIVE PLAN,
SUBJECT TO THE CONDITIONS LISTED IN EXHIBIT Z. RICHARD CARLSON
VOTED YES WITH ROY POPILEK VOTING IN OPPOSITION. Motion carried.
Rezoning to R-l and R-2
ROBBIE SMITH MOVED AND ROD ORAGSTEN SECONDED A MOTION TO
TABLE ACTION OF THE REZONING, SUBJECT TO RESOLUTION OF
OTHER PLAT ISSUES. Motion carried unanimously.
Final Plat for Phase 1 of Groveland
ROBBIE SMITH MOVED AND ROD DRAGSTEN SECONDED A MOTION TO
TABLE ACTION OF THE FINAL PLAT, SUBJECT TO REVIEW AND
APPROVAL OF ANNEXATION BY MOAA BOARD OR SUBJECT TO
ADDITIONAL INFORMATION. Motion carried unanimously.
9.
Public Hearing - Consideration of a sign variance request for perpendicular professional sign.
Applicant: Metcalf, Larson, & Muth.
Jeff O'Neill presented the staff report stating the City was looking into a sign ordinance and
the DA T has been working on establishing a code regarding projecting signs in the
downtown area. There is a problem with consistency regarding this particular sign, and
therefore a need for a variance. The applicant states the need for the sign to be relatively
high in order to be seen, as well as it would also compliment the building.
Initially the DA T found that the sign proposed for the building at 313 West Broadway
appeared to be consistent with the Monticello Downtown and Riverfront Revitalization Plan
and recommended that the Sign Ordinance be amended to allow such signs. However, the
City Council and DA T have since recognized that a change in the City Sign Ordinance to
allow this sign would likely establish a precedent for similar signs, some of which may be
aesthetically objectionable.
DAT is now recommending that this application for variance be considered on its own, and
that the attached ordinance amendment be considered for action at the September 1999
meeting of the Planning Commission.
Richard Carlson opened the public hearing. Mr. Scott Hill, a resident, noted that the City
would need to grant variances to all properties in this area if this particular applicant was
granted a variance.
The public hearing was closed.
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The planning commission's recommendation is for all downtown businesses to bc
approached by DA T for ideas. Also, ifthe Metcalf Larson sign is acceptable, the ordinance
should be written allowing the sign without a variance.
ROBBIE SMITH MOVED AND ROY POPILEK SECONDED A MOTION TO
TABLE THE VARIANCE UNTIL MORE INFORMATION IS RECEIVED. Motion
carried unanimously.
After further discussion regarding electronic reader boards,
ROD DRAGSTEN MOVED AND ROY I'OPILEK SECONDED A MOTION FOR A
PUBLIC HEARING TO BE SET FOR SEPTEMBER 7, 1999 REGARDING AN
ORDINANCE FOR ELECTRONIC READER BOARDS. Motion carried
unanimously.
10.
Tattoo and Bodv Piercing amendments to the Citv Code and Zoning Ordinance.
Monticello has been discussing the adoption of regulations for tattoo parlor uses. These uses
create two issues of public concern. The tlrst is a land use matter focused upon appropriatc
locations for such uses. The second issue rclates to public health and safety concerning thc
potential to spread disease. Other communities have addressed these issues through their
zoning and licensing powcrs. An amlOtated bibliography of research sources regarding the
content coverage and control of tattoo parlors and body piercing establishments has been
prepared and attached as Exhibit A to this report.
From a zoning perspective, tattoo parlors are considered commercial operations. Based on
previous research, there is a lack of documentation or support for an approach to regulating
these uses as sensitive uses that must be separated from other uses to avoid negative impacts
(i.e. adult uses). Rather, these uses are basic service businesses, much like a barber shop or
beauty parlor, which are appropriate in commercial zoning districts. Not allowing the uses
in the City is also an option. However, this approach may only serve to create
"underground" uses and also forfeits the City's opportunity to closely regulate tattoo parlors
through a licensing requirement in the City Code. Therefore, the intent of protecting the
public health and safety may be better served by a combination of allowing the uses in
specific Zoning Districts and licensing requirements.
In considering the existing Zoning Districts established in the Zoning Ordinance, our oftlce
would recommend making tattoo parlors and body piercing establishments a permitted use
in the B-4 Regional Business District. As a commercial use, body piercing establishments
or tattoo parlors have no unique characteristics that would require a conditional use. The B-4
District is most appropriate for the use given the broad range of uses allowed within the
District and its anticipated trade area potential. These same considerations make including
these uses in more limited neighborhood commercial districts less appropriate, in part due
to potential greater access by minors. A Zoning Ordinance amendment making tattoo parlors
and body piercing establishments a permitted use in the B-4 District has becn prepared and
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attached as Exhibit B.
The primary concern with tattoo parlors and body piercing establishments is the potential to
spread discase and negatively effcct public health and safety. A sccondary concern is also
to restrict access to thesc businesses by minors due to the heath aspects and permanency of
tattoos and/or piercing. Thc operation of businesses related to these issues are best regulated
through a City's licensing powers.
An amendment to the City Code has been prepared (Exhibit C) based upon Minncsota State
Depmiment of Health and Family Service regulations, Minneapolis Division of
Environmental Health, similar regulations of othcr local communities, as well as thc
Association of Professional Piercers. The proposed City Code amendment addresses the
following issues, which cover the public health concerns of tattoo and piercing uses.
1. Training of the operator.
2. Verification of sanitation procedures.
3. Identification of safety precautions and customer screening.
4. Identiflcation of facilities and equipment.
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The licensing amendment establishes procedures for application, conditions under which the
license application may be denied, violation penalties and general operation conditions and
requirements. Approved licenses would be valid until December 31 st of the year in which
the it was issues. Thus, a new inspection would be required with each application for
renewal. The license provisions will be administered by the City. However, the code does
provide that the City may designate ill1 outside representative or agency for the investigative
duties (i.e., Wright County). As such, the application requires three fees, an application fee,
an investigation fee, which would cover any costs for inspections and an license fee. Staff
is still coordinating the inspection issue with Wright County Public Health Staff.
Richard Carlson opened the public hearing. Hearing no response, the public hearing
was closed. There was discussion by the commission regarding the location of the B4
district, general business district, and it was stated that this area is located near School Blvd.
and Highway 25, possibly including Chelsea Road, and there is land available for this type
of use.
ROY POPILEK MOVED AND ROD DRAGSTEN SECONDED A MOTION TO
APPROVE AN AMENDMENT TO THE ZONING ORDINANCE ALLOWING
BODY PIERCING ESTABLISHMENTS AND l' A 1'1'00 PARLORS AS A
PERMITTED USE IN THE 8-4 DISTRICT, SUBJECT TO ANY FURTHER
COMMENTS OF WRIGHT COUNTY PUBLIC HEALTH, THE PLANNING
COMMISSION OR CITY COUNCIL. Motion carried unanimously.
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11.
Consideration of a revised preliminary plat for RoIlinQ Woods Subdivision.
Jeff O'Neill provided the staff report noting the preliminary plat for the Rolling Woods
subdivision was approved by the Planning Commission and later also approved by the City
Council. The approval was contingent on approval of a Wetland Mitigation Plan. Due to
input from the Wright County Soil and Conservation District regarding the Wetland
Mitigation Plan, there has been a need to slightly revise the preliminary plat. The revisions
made to the plat are relatively small and do not, in staffs opinion, call for a new public
hearing, however, staff believes it to be significant enough to bring it before the Planning
Commission few an update.
One of the major changes to the plat calls for realignment of the road system which will
result in the placement of the parklmld adjacent to a wetland area which will result in the
connection of these two open spaces, thus making the park feel bigger than it really is.
Thc Parks Commission was given the opportunity to review the new park layout and is
comfortable with the new plan. As a final notc, the Monticello Orderly Annexation Area
revicwed the preliminary plat at a reCent meeting and indicated support for annexation of this
parcel.
Mr. John Bogart, Rolling Woods Development, displayed a revised version of the plans.
He pointed out that the park was moved immediately adjacent to the wetland and that this
is simply an improvement, adding water quality ponds which adds more green space. There
are no drainage issues and the lots have stayed the same.
ROBBIE SMITH MOVED AND ROD DRAGSTEN SECONDED A MOTION FIND
THA T THE REVISED PRELIMINARY PLA TIS SUBST ANTIALL Y CONSISTENT
WITH THE ORIGINAL PLAT. REVISIONS ARE HEREBY RECOMMENDED
FOR APPROV ALAND NO ADDITIONAL PUBLIC HEARING REGARDING THIS
PRELIMINARY PLAT IS NEEDED. Motion carried unanimously.
12. Discussion regarding the rezoning of the PS zone to include schools, churches and parks
Jeff O'Neill provided the staff report stating the need to clean up our City codes. The High
School and Little Mountain Elementary School were left in the R zone because the R district
rules state you can put a school in an R district. Defining the codes would give better
definition when looking at a map, narrows down the uses, allows to identify a certain part
of the codes, and also adds clarity and would match land uses.
Steve Grittman stated the intent of the PIPS district was to get control of the uses and zone
for the uses as they came up. The concern is that if changes are not made now, the City may
run into problems later, noting there is value in making these changes. Jeff O'Neill stated
that the City is looking for advise from planning commission to look at the ordinance, zoning
map amendments, etc.
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There was continued discussion that any new church would have to come to the planning
commission first and the City would zone existing churches as PIPS. It was also noted that
if the City continued to allow churches in R zones there will be a sprawl of churches in these
zones. The City could look at locations from a strategic standpoint once someone approaches
the planning commission for a proposed site. The City would need a public hearing for
amending ordinances for rezoning.
No action was taken.
12a. Update on Morrel Trucking
The commission asked for an updatc on the Morrel Trucking issued regarding a letter that was
to be sent. Jeff O'Neill stated that they have not been able to get out there but they will put
this matter back On the agenda. Jeff stated the City wants to account for all violations, etc.
and that information has not yet been compiled so a letter has not been sent out. Staff still
needs to prioritize the needs to be done, items that are important to the neighbor.
12b.
Kiellbere: Uodate
Jeff O'Neill stated that Kjellberg had gone to the OAA Board requesting for R-2 zoning and
that they did adopt a plan that calls for this area to be medium density residential which is
consistent with the City's comprehensive plan. The City is waiting for Kjellberg to take the
next step. We still have the say on whether annexation occurs. Kjellberg's roads are not built
to City standards as roads in mobile home parks are not city streets. The new project
anticipates hooking up to School Blvd.
12c.
Blights
Robbie Smith asked about a blight issue, especially a gas station on Broadway which
seems to be an ongoing problem. Jeff O'Neill explained that because this particular station
was grand fathered in, there is not much the City can do to eliminate the problem of the
number of cars being parked in this lot.
ADJOURN
ROY POPILEK MOVED AND ROBBIE SMITH SECONDED A MOTION TO
ADJOURN THE MEETING AT 9:45 P.M.. Motion carried.
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