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Planning Commission Agenda 04-01-2008
AGENDA MONTICELLO PLANNING COMMISSION Tuesday, April 1st, 2008 6:00 PM Commissioners: Rod Dragsters, Charlotte Gabler, Lloyd Hilgart, William Spartz, and Barry Voight Council Liaison: Susie Wojchouski Staff: Angela Schumann, Gary Anderson, Kimberly Holier - NAC Call to order. 2. Consideration to approve the minutes of March 4th, 2008. 3. Consideration of adding items to the agenda. 4. Citizen comments. 5. Public Hearing -Consideration of a request of a request for Freliminary and Final Plat for the AMAX Addition, a commercial plat in a B-3 (Highway Business) District. Applicant: AMAX Self-Storage 6. Public Hearing -Consideration of a request for Rezoning from A-O (Agriculture-Open Space) to R-4 (Mobile Home Park) for the property known as Kj ellberg's West Mobile Park. Applicant: Kjellberg's Inc./Kjellberg Mobile Home Park 7. Public Hearing -Consideration of a request for Conditional Use Permit for Concept and Development Stage Planned Unit Development for a commercial development in a B-4 (Regional Business) district. Applicant: SB 22, LLC/Mike Krutzig Adjourn. • MINUTES MONTICELLO PLANNING COMMISSION Tuesday, March nth, 2008 6:00 PM Commissioners: Rod Dragsters, Charlotte Gabler, Lloyd Hilgart, William Spartz, and Barry Voight Council Liaison: Susie Wojchouski Staff: Angela Schumann, Gary Anderson, Steve Grittman- NAC Call to order. Chairman Dragsters called the meeting to order and declared a quorum, noting the absence of Commissioner Hilgart. 2. Consideration to a rave the minutes of Febru 6th 2008. MOTION BY COMMISSIONER VOIGHT TO APPROVE THE MINUTES OF FEBRUARY 6th, 2008. MOTION SECONDED BY COMMISSIONER SPARTZ. MOTION CARRIED, 4-0. 3. Consideration of addin items to the a enda. Commissioner Vaight added as item 13 the consideration of a proposed amendment to City Code. 4. Citizen comments. NONE. 5. Public Hearin -Consideration of a re uest for Conditional Use Pexmit for Conce t Sta e Planned Unit Develo ment for a retail commercial develo ment in the Central Cammunit District. Applicant: Lads Tires, Inc. Planner Grittman presented the staff report, illustrating the proposed addition to the former Maus Faods Building at 6th Street and Highway 25. Grittman indicated that the existing building is in the northeast corner of the site and has been remodeled for office and retail uses. Grittman stated that the current application is for a concept stage Planned Unit Development. Grittman explained that in reviewing a PUD, there is a three stage process, which includes two stages of public review and a final staff review. The first stage review is of the concept plan, which provides a laok at general issues with the proposed use. The concept stage allows the City to identify those issues and discuss Planning Commission Minutes - 03/04/08 proposed use. The concept stage allows the City to identify those issues and discuss possible solutions. Grittman stated that concept stage review gives the applicant and staff guidance far a development stage application. At that time, the City will often see a plat and much more detailed engineering drawings. Grittman commented that the purpose of the PUD in this application is to accommodate the second building an the site. The applicants have proposed a Tire Plus fire and battery facility at the southern end of the site. Grittman presented the conceptual building graphic, which included a series of overhead doors facing south. Grittman noted that this application also has to go through a DAT review as this site is within the CCD. Grittman reported that the building proposed is 7200 square feet, utilizing space currently occupied by parking space. He commented that when the existing building was a grocery store, the site was tightly parked for that retail use. He noted that one of the proposed uses for the larger existing building is a restaurant bar facility. As this will tighten the parking on site, the applicants will be asked to provide for a joint parking arrangement, including information an peak business hours. Grittrnan explained that though the site is short of parking based on ordinance parking requirements, the CCD does accommodate this type of arrangement, as long as the uses fit well. Grittman stated that typically, restaurants do have different peak times than other uses, particularly office uses. There are a couple of other issues that will need to be addressed, Grittman indicated. The existing parking lot was allowed to expand into the right-of--way on Cedar, 6th and Sth Streets. Parking also tames up to the property line on Highway 2S. Grittrnan stated that the Sti' Street ROW is also used as railroad easement. Grittman explained that the parking situation is an existing condition for the existing site. Typically, the City requires parking to be at least S feet from the property line. For new plats, the City now requires parking to be off of the drainage and utility easement. Grittman Hated that while the limits of the parking are existing conditions, they are appropriate for review due to the expansion of site use. Grittman noted that the City may want to consider requiring that parking only occur on-site, which would make development more problematic. Grittman stated that currently, access to the site is gained from 6th Street and from Highway 2S. He indicated that this proposal includes closing the access from Cedar Street and a series of access points along 5th. Planner Grittman reviewed the conditions of approval outlined in Exhibit Z. In relationship to condition 1, he noted that the concept plan shows permanent encroachments into the drainage and utility easements, and the City would need to understand how drainage works and what kind of limitations the site has. The second condition would require that if the City considers allowing parking into right-af ways, the applicant would be required to enter into a license agreement. The third condition would require detailed analysis of floor plan, parking summary and hours of operation for all proposed uses, as the City will need a good understanding of all uses and parking needs if it is to allow a joint use reduction in parking count. The applicant will also need to provide a landscape plan illustrating additional plantings to 2 Planning Commission Minutes - 03/04/08 screen overhead doors, as when traveling north, there will be visibility of this area. The applicant will also be required to submit a detailed sign plan for Tire Plus use. Grittman also noted that development stage plans will require formal engineering plans. These conditions have been reviewed with the applicant and are provided as a reference point for the next application. Grittman stated that at this point, staff is comfortable recommending approval of the concept plan, but with the notation that there are issues that need to be worked out as noted in the conditions. Wojchouski asked what the dashed line shown on the plans indicates. Grittman stated the person who drew the plan may have assumed that to be a setback line. However, in the CCD, there is no setback line. Wojchouski asked if there is any concern with parking infringement on Highway 25. Grittman stated that the parking goes up to the property line, but does Hat appear to enter the ROW, which is an existing condition of the site. Wojchouski inquired whether the 25' notation near the existing Papa Murphy's space is the width of the alley way between parking stalls. Grittman stated that he believes that to be a drive aisle width. Grittman stated that the dimensions are just shy of requirements and are allowable by PUD. Gabler asked if the applicant is planning to stack Tires outside. Grittman stated that the application does not include an outdoor storage ar display permit. If outdoor display is intended, the applicant would need to specify that use and apply far that permit. Gabler inquired where garbage would be stared. Grittman stated that it was his understanding that there would be interior garbage handling. Regardless, by code it will need to be screened enclosure. Gabler noted that the site includes a lot of building and pavement, and she believed that the site needs more green and landscaping. Spartz asked if restaurants present the worst case scenario for parking. Grittman replied that the applicant had provided a mix of uses, including a restaurant, assuming this parking scenario. He Hated that the PUD does require a floor plan to understand all of that. The more restaurants, the more parking required. Dragsters Hated that the code states that based on the uses, the site needs 215 spaces, but the applicant has proposed 1 S8. Dragsters stated that is his largest concern. He also suggested that improvements should be made to island landscaping. Dragsters inquired whether the site will be platted. Grittman confirmed that a preliminary plat will come with the development stage FUD as a next step. Grittman stated that he believes it is the intent to provide a separate lot for the Tires Plus pad. Voight stated that his concerns are the same as mentioned by the other commissioners, specifically parking and landscaping. Chairman Dragsters opened the public hearing. Bab Viering, President of lst Minnesota Bank in Monticello, addressed the Commission. Viering stated that while he is thrilled that the Maus site is redeveloping, he does have concerns about what is presented. By adding a pad site, it seems as though it would Planning Commission Minutes -- 03/04/08 block the view of other businesses that are in the building itself. Viering suggested that in looking at the Chatters restaurant, that building cut off the view of many of the existing strip center businesses and it damaged the businesses that are there. Second, he stated that it is most likely that the bar restaurant will serve lunches, and parking will be an issue. Viering indicated that his third concern is traffic circulation. He stated that by taking out the exit onto Cedar, they are putting a majority of traffic onto Highway 25, and that road is busy right now. He noted the right-in configuration required for 1St Minnesota. He stated that he would prefer to see the building pushed back and that the Commission seriously look at the restaurant use, as it sounds as if it significantly under parked already. Dragsten stated that the right-in note is a good comment. Dragsten commented that he is not sure how to incorporate the suggestion on moving the building back. Rich Demeules addressed that Commission as the property owner, He indicated that the main reason for closing access to Cedar is because their parking lot has become apass- through from Cedar to Highway 25. He stated that whether this project moves forward or not, they would be lacking to close this access. In regard to other comments, in the lease agreements they have signed with all tenants, it has been made clear that there is the potential of a pad site going into that corner. Demeules commented on the planning report, which requires that they tear dawn. any structures in the drainage and utility easement. He stated that the original building setback all along Cedar is 10 feet, while the new required utility easement is 12 feet. . Demeules stated that the code requires 215 parking spaces, of which they have 158. He stated that they had done calculations, and that they would need 1.46 spots at any peak time. He noted that his business will be in the existing building and that they are conscious of the parking, as they da not want it to be a problem for them. Dragsten asked about his comment that the peak demand is 146 spaces. Demeules stated that they will have 158 total spaces, but only need 146. He indicated that for example, at lunch time, there will not be Papa Murphy's traffic. He stated that they have sports bar going in, but recognize that they will not be able to put any more restaurants in. . Dragsten noted that there is corporate space for Standard Iran. He reiterated that his concern is that this is a commercial site and as demand continues to be created, the parking deficiency would increase. Gabler asked Demeuues if they thought about pushing the building to the east. Demueles stated that they are trying to keep building between two existing access paints. He stated that pushing the building back blocks the view of the site. Gabler asked if it is possible to shrink the building at all. Chris Speaks, Tires Plus representative and applicant, responded that the current size of the building accommodates indoor tire storage and garbage facilities. 4 Planning Commission Minutes --- 03/04/08 Spartz asked if rather than moving the building, perhaps closing the access on Cedar and turning the building would cure the parking problem. Voight asked how Demeules had arrived at the numbers portrayed on the parking analysis spreadsheet. Demueles responded that those are based off City ordinance requirements for the uses. Dragsten asked if the applicant had seen Exhibit Z. Demeules confirmed. Wojchouski noted that Maus employees had parked on the north side and asked if they own that area, and whether it is included in the count. Demueles stated that is an existing condition and is included in the counts. Wojchouski asked about the property across the railroad tracks. Demeules stated that he does not own that piece. Grittman noted that northern portion, which includes parking, is an existing condition, but it is an encroachment into City ROW and railroad easement, it is not part of their actual property. Hearing not further comments, Chariman Dragsten closed the public hearing. Dragsten stated that parking is a major concern, and he is not sure it can be overcome. Gabler inquired whether the applicant would be able to utilize parking across Cedar Street. Grittman stated they would need a separate agreement, and because of the grade separation, it may not even be something the Commission wants to consider. Spartz also noted his concern about parking, stating that as it is laid out, the site is about as tight of a parking arrangement as there is. He stated that is his contention for perhaps moving the building back. Voight agreed. He also noted that his concern is not only the number of spaces short, but the circulation through the site. Dragsten stated that in relationship to parking, the Commission should perhaps give the applicant some direction. Gabler asked if the existing pylon is just for the existing building. Grittman confirmed, stating that Exhibit Z asks for a sign plan for Tires Plus as part of next application. MOTION BY COMMISSIONER SPARTZ TO RECOMMEND APPROVAL OF THE REQUEST FOR A CONDITIONAL USE PERMIT FOR CONCEPT STAGE PLANNED UNIT DEVELOPMENT AS PRESENTED, BASED ON A FINDING THAT THE PROPOSED USE JUSTIFIES THE USE OF PUD AND IS CONSISTENT WITH THE INTENT OF THE CCD, CENTRAL COMMUNITY DISTRICT, SUBJECT TO THE CONDITIONS IN EXHIBIT Z AS FOLLOWSS, WITH SPECIAL EMPHASIS ON THE ABILITY TO SATISFY PARKING REQUIREMENTS. 5 Planning Commission Minutes - 03/04/Q8 1. The applicant shall be required to revise the site plan, removing all perxnanent structures from the drainage and utility easements. 2. The applicant shall be required to enter into a license agreement with the City for any parking on the right-of--way. 3. The applicant shall supply a floor plan for the existing building so that a detailed parking analysis maybe performed. 4. A landscape plan shall be provided, illustrating additional plantings along 6`~ Street to screen the overhead doors and providing the proper number of landscaped islands. 5. The applicant shall submit a detailed signage plan for the Tires Plus use. MOTION SECONDED BY COMMISSIONER GABLER. In discussion, Dragsten asked for the Commissioner's input on an understanding of parking count in terms of whether the application will be viewed favorably. Spartz suggested that the Commission leave an emphasis on the items one, two and three, as they have the potential to create the biggest problem. MOTION CARRIED, 4-0. 6. Public Hearin - Consideration of a re uest for Conditional. Use Permit for Develo ment Sta e Planned Unit Develo ment Conditional Use Permit for Drive-Throu Facilit and Conditional Use Permit for Shared Access for a fast food restaurant in a B-4 Re Tonal Business) District. Applicant: McDonald's Corporation Planner Grittman reviewed the staff report for the request, illustrating the site plan for the proposed conditional use. Grittman described the site's circulation elements, which includes a separate drive thru lane along the west boundary and a double drive thru format. He indicated that the site itself was designed for crass access with the neighboring properties to the east and west. Grittman stated that staff has a number of comments on the proposed plan, which have been listed in the staff report. He stated that it is his understanding that the applicants have already updated their plans based on those comments, and is accepting of the noted conditions. Grittman noted that detailed engineering comments are also included in the report. Grittman reviewed the conditions of Exhibit Z. In regard to condition one, staff recommends that the drive thru area parking be designated for employee parking. Grittman stated that the site has more than the required number of spaces. The suggestion was made due to the fact that these spaces are only accessible through the drive thru and that they are not needed to meet City's parking supply requirements. 5 Planning Commission Minutes -- 03/04/0$ Grittman stated that condition two requires additional directional signage to better direct site circulation. Condition three requires that the applicant overlay turning radius for various vehicle movements. He noted that there are a number of tight turns, specifically from 7th Street and getting thru and around the drive thru. Staff is asking that the applicant provide templates to show how trucks and emergency vehicles would flow through the site. The photometric plan also requires revision, as it currently violates ordinance standards. The applicants have indicated that they will modify the plan. Grittman stated that condition five asks that the non-drive thru vertical elevation be re-designed to add design elements to break up the wall view. Finally, the applicant is asked to provide pedestrian striping to get access across 7th Street at a marked location. Grittman explained that with those conditions, there are no other significant issues and staff recommends approval. Spartz stated that this does not look like a run of the mill MoDonald's design, but rather an upgraded structure. Spartz inquired whether a playland area was included. Grittman stated that the restaurant does not include a playland area, as it didn't meet the applicant's demographic analysis requirements. Gabler asked if there is a concrete curb between the pad and drive thru, or if not, what will separate the drive thru on the west side. Grittman confirmed it would be curb. Grittrnan stated that the City would also look for additional landscape buffer between the two areas. Gabler stated that it will be nice to have a McDanald's at this end of town. Dragsten commented on the access opening at the southwest corner of the site. Grittman commented that staff had discussed that with the applicant, as it was perhaps not necessary. There was a concern about cross traffic, as the engineer had noted that cross traffic would possibly mix with drive thru traffic. Dragsten noted it might be used for emergency vehicles. Chairman Dragsten opened the public hearing. Jirn Hileman, Area Construction Manager for McDonald's Corporation, addressed the Commission. Hileman stated that they have been working with staff, and noted that the City has a good system for putting all parties together. They had received good feedback that was pertinent and achievable. He explained that they are working toward addressing the issues addressed by staff. Hilernan made himself available for questions. Spartz inquired about the playland, asking if such an area will then be considered for the existing location. Hileman stated that there will be an impact on the other site, although it isn't know what that impact will be. For the new site, a playland did not meet the screens put in place to determine need. He explained that the screens are tailored to address the needs of town traffic and those taming out of the shopping trade area. Hileman noted that the playlands are a significant expense and have significant operating costs. Hileman stated that he has been with McDonald's for 13 years, and there was an 7 Planning Commission Minutes - 03/04/0$ initial push to put them in most location, but that has tared down and is based on targeting. Spartz responded that it puzzles him that he would need to go to another town if his kids wanted to play in a playland. He stated that he would think that it is a benefit and that McDonald's would want families to spend their money here. Spartz commented that he hopes McDonald's looks at it with existing facility. Hileman responded that facility is more of a freeway traveler facility, and those customers are often looking for quick service and a good meal. Voight stated that he had no questions. He commented that he did think visual elements on the non-drive thru elevations is a goad idea. Hileman discussed some of the visual elements of the building, noting the material selections, awnings, color palette and illumination features. Hileman stated that he is happy to present a more finished, earth- toned building which is often far more acceptable to municipalities. He noted that the night illumination make a very attractive building and there is na glare as it features wall, awnings or roof car elements for a nice presentation. Hearing na further comment, Chairman Dragsters closed the public hearing. Spartz commented again on the lack of a playland. Gabler commented that sloe disagreed with his comments, as the Monticello Community Center offers that feature, and it is important to encourage use of that facility. MOTION BY COMMISSIONER VOIGHT TO RECOMMEND AFFROVAL OF THE DEVELOPMENT STAGE PLANNED UNIT DEVELOPMENT, BASED ON A FINDING THAT THE PROPOSED USE IS CONSISTENT WITH THE INTENT OF THE EXISTING PUD AND THE B-4 DISTRICT, SUBJECT TO THE CONDITIONS OUTLINED IN EXHIBIT Z AS FOLLOWS. The parking stalls on the east side of the site, adjacent to the drive through lane, shall be designated for employee parking only. 2. The applicant shall provide a separate sign plan for all directional signage. The applicant shall overlay turning radii for emergency and delivery vehicles at the entrance to the site and through the drive through lane, to ensure that these vehicles can circulate properly. 4. The photometric plan shall be revised to illustrate lighting produced from the sight only. Na readings may exceed one footcandle, as measured from the centerline off adjacent rights-of--way. 5. The applicant shall revise the non-drive through (west) building elevation to add vertical elements, similar to those provided on the south and east elevations. 6. The applicant shall provide pedestrian striping across 7" ~ Street. MOTION SECONDED BY COMMISSIONER GABLER. MOTION CARRIED, 4-0 C, Planning Commission Minutes -- 03/04/08 MOTION BY COMMISSIONER VOTGHT TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT FOR A DRIVE THROUGH FACILITY, BASED ON A FINDING THAT THE PROPOSED USE IS CONSISTENT WITH THE INTENT OF THE PUD AND THE USE SATISFIES THE CONDITIONS OF APPROVAL. MOTION SECONDED BY COMMISSIONER GBALER. MOTION CARRIED 4-0. 7. Public Hearin - Consideration of a re nest for Amendment to the Monticello Zonin Ordinance Cha ter 3-9 re Latin address number si s. A licant: Cit of Monticello Schumann presented the staff report, stating that the Planning Commission is asked to cansider an amendment to Monticello Zoning Ordinance 3-9[E]5, which regulates the location, size and placement of address number signs. Schumann stated that in consultation with the City Planner, it was determined that it would be most appropriate for address identification to be regulated within City Code rather than within the Zoning Ordinance. Additionally, the Building Department has indicated that other portions of the City Code, or State Building Code, already provide the City with the ability to regulate address signage. Schumann noted that these provisions were included in the Commission's report. Schumann explained that as there are provisions already in place related to address signage this time, the Planning Commission is asked to amend the Zoning Ordinance to simply delete all reference to address identification signage. The City Council will be asked to approve this amendment in conjunction with an amendment to the City Code which would incorporate any terms not be covered by the Building Cade. The Building Department will also propose that the Council cansider a City Code amendment which further regulates addressing signs for commercial, industrial and institutional buildings. These proposed changes are at the request of the Monticello Fire Marshal. Those are to increase the size to make signs more readable for emergency vehicles. Schumann indicated that the purpose of the amendments is to simplify code language, eliminate duplication and inconsistencies, and provide City support for emergency response efforts. Staff recommends approval of the zoning amendment as proposed. Gabler inquired if the amendment then specifies no size regulation. Schumann clarified that size regulation is covered within the building code, which has been adopted by ordinance. Gabler inquired if numbers etched in stone are acceptable. Schumann confirmed. that they would be. Vaight sought clarification on the size standards referred to in the report. Schumann stated that the City Code amendment that will be proposed would require the minimum of 4" required by the State, plus additional inches based on how far the building is set back from the street. Dragsten asked about what happens to existing numbers. Schumann stated that the existing 9 Planning Commission Minutes - 03/04/08 numbers that do not meet the proposed standards would become non-conforming. Any significant exterior remodeling would require them to meet the new standard. Schumann noted this proposed ordinance only applies to commercial, industrial or institutional projects. Wojchouski cited an example, noting the size increase is proportional based on how far back the building sits. She stated that it makes sense for emergency vehicles as they try to find addresses. Dragtten asked if the address number has to be on the building. Anderson confirmed it has to be on the building. Chairman Dragsten opened the public hearing and hearing no comments, closed the public hearing. MOTION BY COMMISSIONER SPARTZ TO RECOMMEND APPROVAL OF THE AMENDMENT TO MONTICELLO ZONING ORDINANCE 3T9[E]5 REPEALING THE REGULATION OF ADDRESS SIGNS. MOTION SECONDED BY COMMISSIONER GABLER. MOTION CARRIED 4-0. 8. Consideration of a re uest for Amendment to the Monticello Zonin Ordinance Cha ter 3-5 Off-Street Parkin Re uirements as related to the re lotion of the size and wei t of vehicles arked in residential districts. Tabled ram 2-6-08 meetzn A licant: Cit of Monticello Grittman stated that this item had been reviewed previously by the Commission and deals with language related to parking of commercial vehicles in residential districts. The ordinance amendment is proposed to create a method to enforce the code reasonably and to protect the residential character of neighborhoods. Grittman stated that the current ordinance only regulates by weight, setting a limit of 9,000 pounds, gross vehicle weight. Grittman indicated that research has shown that a limit of 12,000 pounds to be a much mare Gammon standard. He explained that many pick-ups exceed the 9,000 pound threshold, so the Commission had discussed regulating by size and other options. The summary of the Commission discussion was to amend the ordinance to replace the 9,000 pound limit with 12,000 pounds and add a section to the code which uses MN State vehicle licensing, which assigns a letter code by weight far commercial vehicles. The ordinance proposed prohibits commercial vehicles with G or higher. Grittman explained that the licensing option is much easier for staff to enforce. The language also adds an exception far emergency vehicles and provides a definition of emergency vehicles. Grittman stated that staff is recommending that the Planning Commission recommend adoption of the ordinance. Voight asked if Grittman has ever seen one of these stickers. Grittman stated that he has, as he has been paying much more attention due to this amendment. He stated that it is a pretty effective way to make a quick determination whether a vehicle is of a certain size. Voight asked if they are on all vehicles. Dragsten confirmed, stating that they are in the right hand corner. 10 Planning Commission Minutes - 03/04/0$ Spartz asked about recreational vehicles. Grittman stated this ordinance does not address those vehicles. Grittman stated that if the City decides it wants to discuss further regulation of recreational vehicles, it should move that forward at a later time. MOTION BY CHAIRMAN DRAGSTEN TO APPROVE AN AMENDMENT TO CHAPTER 3 OF THE MONTICELLO ZONING ORDINANCE AS RELATED TO EXTERIOR STORAGE AND OFF-STREET PARKING REQUIREMENTS, BASED ON A FINDING THAT THE PROPOSED ORDINANCE IS NECESSARY TO RETAIN THE CHARACTER OF RESIDENTIAL DISTRICTS, AND THAT THE PROPOSED AMENDMENT PROVIDES FURTHER CLARITY TO THE EXISTING ORDINANCE LANGUAGE. MOTION SECONDED BY COMMISSIONER VOIGHT. MOTION CARRIED, 4-0. 9. Public Hearin -Consideration of a re uest for Amendment to the Monticello Zonin Ordinance for the re lotion of Gradin Erosion & Sediment Control. A licant: Cit of Monticello Schumann reviewed the updated staff report, stating that the Planning Commission had reviewed and recommended approval of the proposed ordinance for Grading and Erosion Control in December of 2007. However, prior to bringring the amendment to the City Council for final review and appraval, staff held an implementation meeting to review the ordinance in terms of implementation and enforcement. Representatives from Community Development, Engineering, Public Works and the Building Department were present at the meeting. Schumann explained that as a result of discussion at that meeting, the ordinance has been revised. The revisions warrant a second review of the proposed ordinance by the Commission. Schumann commented that the revisions to the ordinance exist primarily within the enforcement portions of the ordinance, Section 33-9. The previous ordinance language was somewhat redundant and inconsistent in terms of violations of the ordinance and remedy to violations. Any other revisions to the ordinance are minor in nature and are related to providing clarity in the Definitions portion of the ordinance. Voight commented that a special note has been made in the report regarding the application of this ordinance if grading within 200' of a waterway. Schumann confirmed that if a home backs up to a pond and grading was to occur within 200' of that waterway, this ordinance would apply. Schumann cited retaining walls built within a stormwater easement area and filling of ponds as examples of why a permit would be needed. The ordinance and better public education will help prevent such issues. Voight conf rmed that one wouldn't need a grading permit to dig post holes if within 200' of a waterway. Schumann stated they would not. Dragsten stated that he thought that the SWPPP covers erasion control for lots. He stated his concern would be over-regulation. Schumann stated that large scale developments 11 Planning Commission Minutes - 03/04/08 still fall under their individual SWPPP and the ordinance is designed to work hand-in- hand with the City's SWPPP. Dragsten referred to the surety requirement. Schumann stated that the proposed ordinance requires a surety for both the overall development, as well as for individual lot developers. The amount of surety would be set by the Council with the fee schedule. Dragsten inquired if this ordinance mare or less applies later, after overall large project development. Schumann stated that this ordinance applies from the time of platting on to someone building a retaining wall on a lot ten years after purchase. Dragsten asked if individual lat projects have been a real problem in regard to erasion control. Schumann responded that the ordinance was presented because of the need to consolidate the number of policies, ordinances and procedures in place at the City. Staff wanted one common standard that all could use as a guiding document. It would also regulate the work of staff and consulting inspectors. Schumann stated that the ordinance presented does not propose much outside of current policy, with the exception of tightening of triggers for permit and the sureties. Spartz asked if it is up to the City Council to put a price an permits. Schumann confirmed. Spartz inquired if after the final grade, the resident wants to put in a retaining wall, they must pull a permit. Schumann stated it will depend on the project in relationship to the area, volume or proximity to waterway. Spartz stated that far example, he is on pond. Schumann confirmed he would need a permit to grade within 200' of the pond. Wojchouski asked if the security is non-refundable. Schumann stated it is refundable. Spartz inquired when the resident becomes responsible for pulling the permit. Dragsten stated when they become owner of the lot. Schumann noted inspection schedule built in to the ordinance. Spartz asked if there were any other major changes made as a result of the staff meeting. Anderson discussed the revision of the enforcement portion of the ordinance. Gabler stated that such an ordinance is appreciated an the development side, because it means that the City has a stated, consistent policy. Chairman Dragsten opened the public hearing. Hearing no comments, Chairman Dragsten closed the public hearing. MOTION BY COMMISSIONER SPARTZ TO RECOMMEND APPROVAL OF CHAPTER 33 OF THE MONTICELLO ZONING ORDINANCE FOR' GRADING AND EROSION CONTROL AND CORRESFONDING AMENDMENTS, BASED ON A FINDING THAT THE PROPOSED ORDINANCE IS CONSISTENT WITH CURRENT CITY POLICIES AND STRATEGIES FOR THE PROTECTION OF MONTICELLO'S WATER AND SOIL RESOURCES. 12 Planning Commission Minutes - 03/04/08 MOTION SECONDED BY COMMISSION GABLER. MOTION CARRIED, 4-0. Dragsten thanked staff for their work on the ordinance. 10. Consideration to review for recommendation roceedin with a Re uest for Pro oral far the cam letion of a cam rehensive u date to the Monticello Zonin Ordinance. Schumann stated that the Planning Commission is asked to consider proceeding with a request for completion of an update to the Zoning Ordinance, as the Planning Commission and City Council are in the final stages of the review of the Monticello Comprehensive Plan update. Schumann explained that the Comprehensive Plan's primary purpose is to lay the groundwork far land use policy. However, while the comprehensive plan presents the framework far land use, it is the City's codes and ordinances which control actual development. She noted that outside of the seven-county metropolitan area, zoning regulations control land use. Schumann cited the draft Comprehensive Plan, stating that "A priority should be given to the review and updating of zoning regulations. The vision and objectives of the Comprehensive Plan will not be achieved unless zoning regulations are aligned with the Plan." The document specifically indicates that the revision of the ordinance is a next step in achieving the plan's vision and objectives. dition to the need for consistene with the Com rehensive Plan, Schumann noted In ad y P that the Planning Commission and City Council have often struggled with outdated portions of the ordinance. An example is the Commission's recent recommendation on the revision of the sign ordinance. Commission cited this as a priority, and directed staff to structure a review and amendment process far that portion of the ordinance. For these reasons, Schumann stated that staff is asking that the City consider moving forward with a complete redrafting of the current zoning ordinance. Rather than taking sections of the code piece by piece, a complete revision will allow the City to review not only the language of the document, but the purpose statement of each district in relationship to the changing patterns of development and strategies from growth management, and how each piece of the ordinance impacts another. Schumann commented that the revision of the zoning ordinance has been budgeted for 2008. Due to the scale and potential cost of this project, staff believes that a request for proposal process will be necessary. Schumann outlined a potential process for the project, stating that developing a scope of work will be the first step in developing an Rl~P. She recommended the formation of a steering committee make policy decisions which will lay the groundwork for the entire project. 13 Planning Commission Minutes - 03/04/08 Schumann stated that three major policy areas should be considered. Specifically, Schumann indicated that the format of the ordinance should be reviewed, as the current "cascading" format is not a very useful tool. Schumann also referenced that the steering committee may seek to review land use categories and purpose statements, due to the change in designation within the comp plan. Finally, she referenced that the steering committee may want to look at incorporating other concepts such as low impact design, Schumann stated that understanding these issues will allow the RFF respondents to prepare a more accurate proposal in terms of the project's time, process and budget. They are also discussions that the policymakers will want to be involved in deciding prior to revising the actual language of the code. Schumann commented that she believes that the project will take up to two years and will require a series of workshops with the full Planning Commission, with representation by at least two City Council persons. A series of public workshops and sessions with other City commissions would also beheld at appropriate points. Schumann indicated that if the Commission chooses to recommend that the RFP process move forward, the next step will be to request formal approval from the City Council. If approved, the City will prepare the RFF, form a steering committee, and set a schedule for the review and selection of a proposal. Gabler asked if the comprehensive update will make it easier to discern standards, particularly in relationship to the CCD. Schumann stated that she believes so. Gabler stated that it is hard to understand where CCD ends and some of the regulations do not seem to match between the code and the downtown plan. Voight stated that he thinks the project is necessary as long as the City ends up with something enforceable. Schuman noted the goal is also to incorporate the Flanning Commission's previous work on PUDs, as a lot of groundwork was done on that item. Dragsten inquired why all the public hearings would be involved. Schumann responded that it would depend on how the steering committee wanted to set up the process. They could take the whole ordinance to one hearing, or break it up by chapter, or section. Dragsten asked if it is necessary to amend the whole ordinance. Schumann stated that most of the sections and chapter relate or correspond to another. To have a mare useful ordinance, it is most likely that you would be updating the whole code. Dragsten suggested that the standards just be moved from one section to another, which perhaps wouldn't require the time and expense of updating the whole code. Grittman stated that Monticello's code was written in 1970, but based on a format developed in the 1960's. Over the years, it has been cobbled together with amendments, to the point that it is unusable for the typical citizen. Grittman noted that it is also very likely you will find code sections that are contradictory. So, in essence, the City would need to amend not just the format, but the language and standards. Yau have to take a comprehensive look to accomplish both. Grittman also Hated that because of the way the comp plan was written, the zoning ordinance will also become more important. 14 Planning Commission Minutes - 03/04/08 Spartz noted the recent sign ordinance issues and amendments and how perhaps the amendment could make the ordinance more user-friendly, clear and concise. Dragsten recommended addressing the main policy items, then taking priority portions, such as the sign ordinance, first. Dragsten stated a steering committee will help clarify the process. MOTION BY COMMISSIONER VOIGHT TO RECOMMEND THAT THE CITY OF MONTICELLO PROCEED WITH A REQUEST FOR PROPOSAL (RFP) FOR A COMPREHENSNE UPDATE OF THE MONTICELLO ZONING ORDINANCE. MOTION SECONDED BY COMMISSIONER SFARTZ. MOTION CARRIED 4-0. 11. Consideration to call fora ublic hearin for the recommendation of ado tion of the Monticello Com rehensive Plan. Schumann reported that over the past two years, the City has worked to develop a comprehensive plan that will guide the City's immediate and future land use policy. During the process, the City has held community meetings, neighborhood meetings, task force sessions, and joint City Council and Planning Commission workshops. Through these, valuable information on the direction for the future of growth of Monticello has been gained. Schumann explained that the feedback from these sessions has been analyzed, processed and put into draft form. Schumann stated that at this time, staff believes that the draft Comprehensive Plan is ready for the formal public hearing process required by statute. As such, the Planning Commission is asked to call for the public hearing an the 2008 Draft Monticello Comprehensive Plan. Schumann explained that the draft would be posted online. Sparrz asked about the transportation plan. Schumann responded that a draft has been prepared, but it needs to be updated. Initially, staff was hoping it would follow the same track and timeline as the approval of the Comp Plan. However, it is likely to fallow on the heels of the comp plan instead. MOTION BY COMMISSIONER SPARTZ TO CALL FOR A FUBLIC HEARING ON THE 2008 MONTICELLO COMPREHENSIVE PLAN ON TUESDAY, APRIL 29~~', 2008. MOTION SECONDED BY COMMISSIONER VOIGHT. MOTION CARRIED, 4-0. 12. Consideration to a oint a liaison to the Ad Hoc Natural Resource Invento Selection and Review Committee. Commissioner Gabler volunteered to serve as the Planning Commission representative to the 15 Planning Commission Minutes - 03/04/08 Ad-Hoc committee. 13. Consideration to review for recommendation a Cit Code amendment relatin to buildin ermit fee waiver for disabled veterans of the United Stated Armed Forces. Vaight stated that his hope is to direct City staff to develop an ordinance based on an amendment which had been approved by the City of Delano. The Delano ordinance waived permit fees for those veterans disabled in service to the United States Armed Farces, far building projects related to their disability. Voight cited the measure as a way of honoring men and women who have served in the armed forces. He indicated. that he believes it is an honorable thing and shows a willingness to honor those who have served. . Dragsten concurred, noting that hopefully it does not need to ever be used. Schumann noted this would be a City Code amendment rather than zoning code amendment. MOTION BY COMMISSIONER VOIGHT TO RECOMMEND THAT THE CITY COUNCIL CONSIDER A CITY ORDINANCE FOR THE PURPOSE OF WAIVING BUILDING PERMIT FEES FOR RESIDENTIAL REMODELING OR BUILDING PROJECTS FOR VETERANS HAVING SUSTAINED A DISABILITY WHILE ACTIVELY SERVING IN THE UNITED STATES ARMED FORCES. MOTION SECONDED BY COMMISSIONER DRAGSTEN. Spartz stated that if there is anything similar moving through in State law, the City should review that as well. MOTION CARRIED 4-0. 14. Adjourn. MOTION BY COMMISSIONER SPARTZ TO ADJOURN. MOTION SECONDED BY COMMISSIONER VOIGHT. MOTION CARRIED, 4-0. r~ u 16 Planning Commission Agenda _ 03/24/08 5. Consideration of a re uest far Prelimina and Final Plat far the ro osed Amax Addition a commercial lot consistiu of two lots in a B-3 Hi hwa Business District. Applicant;_Amax Self Storage,_LLC. (NAC) BACKGROUND Amax Self-Storage, LLC has applied for Preliminary and 1~inal Plat approval for Amax Addition, a commercial plat consisting of two lots. The site is located east of Highway 25 and south of Dundas Road. Cedar Street runs through the center of the site. The gross area of the plat is 3.12 acres. The site is zoned B-3, Highway Business and is part of an existing Planned Unit Development. Comprehensive Plan. The subject site is guided for commercial land uses in the Comprehensive Plan. Zoning. The site is zoned B-3, Highway Business. The purpose of the B-3 (Highway Business) district is to provide for and limit the establishment of motor vehicle oriented or dependent commercial and service activities. ANALYSIS The applicant is proposing a commercial plat consisting of 2 lots on a 3.12 acre site. The plat area currently consists of two parcels. The larger existing parcel (P1D 155-500- 142302) is 2.6 acres in area and is split through the center by the Cedar Street right-of- way. The second existing parcel (P1D 155-500-142315) is .52 acres in area and is located an the west side of the site, adjacent to Highway 25. As proposed, the existing small parcel and the west half of the larger existing parcel will be combined and platted as Lot 1, Block 1 of the Amax Addition: The applicant is proposing to plat the area on the east side of the Cedar Street right-of--way as Lot 1, Block 2 of the Amax Addition. Preliminary and Final Plat. The site is currently unplatted. The applicant is proposing to plat the site as Lot 1, Block 1 and Lot 1, Block 2 of the Amax Addition. C Lot Requirements and Setbacks. The fallowing chart demonstrates the minimum lot area and lot width requirements far properties in the B-3 District. The chart also illustrates the applicable setbacks for the District, and the proposed setbacks for Lot 1, Block 2, on which there are existing buildings. Re uired Pro osed Lot 1, Black 1 Pra osed Lot 1, Block 2 Lot Area N/A 1.79 acres 1.33 acres Lot Width 100 feet 185 feet 154 feet Front Yard Setback 30 feet N/A 35 feet Side Yard Setback 10 feet N/A 0 feet Rear Yard Setback 30 feet N/A 43 feet Four buildings are currently located on Lot 1, Block 2. As proposed, the existing buildings on this lot do not meet the required side yard setback. The plat proposes lot lines cutting through the center of each of the four buildings. However, this situation maybe accommodated by the existing PUD. Any future buildings proposed for Lot 1, Block 1 shall be evaluated on their own merit at the time of development to ensure that each lot will function properly with adequate space for required parking and landscaping. An existing concrete wall is located along the perimeter of Lot 1, Block 2. A portion of this wall is located within the Dundas Road easement. It appears as though the applicant is proposing to dedicate this easement as right-of--way. This must be clarified as a condition of any approval. A portion of the wall is also located within the drainage and utility easement along Cedar Street. As a condition of approval, any disruption of this wall for improvements and access within the City rightWof--way and drainage and utility easement shall be at the expense of the property owner. The property owner shall also be responsible to remove or relocate any portion of the wall within these areas to install or maintain utilities, including the City's fiber optic lines. In reviewing the plat, the City Engineer has also recommended that the property lines in the northeast corner of Lat 1, Block 1, and the northwest corner of Lot 1, Block 2 be pulled back 20-feet to the south to allow for sight distance at the property corner at the intersection of Cedar Street and Dundas Raad. This arrangement would be similar to what was previously done in the northwest corner of Lot 1, Black 1. In comparison to the size of the lot, this adjustment would not significantly affect the plat or the required setbacks. Access. No changes to access are proposed as part of the plat. Bath lots have access off of Cedar Street. Signage. The applicant has not proposed any signage as part of the Freliminary Plat. However, a freestanding sign is currently located in the northwest corner of Lot 1, Block 1. This sign is proposed to remain, and was previously approved as part of the PUD. Any future relocation of the sign would not affect the proposed plat. Landscaping. The applicant has not submitted a landscape plan as part of the application package. Minimum landscaping requirements far commercial sites are based on total site perimeter or total building area. In that regard, a landscape plan maybe premature at this point. Staff recommends that an individual landscape plan be provided for the vacant lot at the time that lot develops. Grading, Draiunage and Utilities. The applicant shall comply with all recommendations of the City Engineer related to grading, drainage and utilities. Recording. If the final plat is approved by the City Council, the subdivider shall record it with the Wright County Recorder within 100 days after said approval. If the subdivider fails to so record the final plat, the approval shall be considered void, unless a request for ~i C time extension is submitted in writing and approved by the City Council prior to the expiration of the 100 day period. ALTERNATIVE ACTIONS Regarding the request for Preliminary and Final Plat approval for Amax Addition, a commercial plat resulting in 2 lots, the City has the following options: Motion to recommend approval of the Preliminary and Final Plat, subject to a finding that the proposed use is consistent with the intent of the B-3, Highway Business District, and the Comprehensive Plan, subject to the conditions outlined in Exhibit Z. 2. Motion to recommend denial of the Preliminary and Final plat, based on a finding that the proposed use is not consistent with the intent of the B-3 District. RECOMMENDATION Upon review of the proposed plat, staff finds that it is consistent with the performance requirements of the existing B-3 District. Therefore, staff recommends approval of the preliminary and final plat, subject to the conditions identified in Exhibit Z. SUPPORTING DATA: Exhibit A: Existing Conditions Exhibit B: Preliminary Plat Exhibit C: Final Plat Exhibit D: Lot Corner Exhibit Exhibit Z: Conditions of Approval EXHIBIT Z Conditions of Approval AMAX Addition Preliminary and Final Plat 1. The applicant shall comply with all recommendations of the City Engineer related to grading, drainage, and utilities. 2. The applicant shall verify if the Dundas Road easement is proposed to be vacated and re- established as right-of way. 3. 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A licant: K'ellber 's inc. (NAC). REFERENCE AND BACKGROUND Kjellberg's, Inc. has applied far rezoning from A-O, Agricultural Open Space, to R-4, Mobile Home Park, to accommodate the west portion of Kjellberg's Mobile Horne Park. The subject site is 64.54 acres in size and is located west of Highway 25 and south of the Muller Theater. ANALYSIS The site was annexed into the City in February 2003 under the current zoning designation. The Zoning Ordinance states that annexed territory shall be in the A-O district unless special action is taken to place it in another district. The use of the property has not changed since the time of annexation, and no special action has been previously taken to amend the zoning of the site. The east portion of the mobile home park was rezoned from A-O to R-4 in 1999. The subject site currently contains a mobile home park. Comprehensive Plan. The Comprehensive Plan has the site designated for Mobile Home Park land uses. Zoning. The site is currently zoned A-O. The purpose of the A-O (Agricultural Open Space) district is to provide a district which will allow suitable areas of the city to be retained and utilized in open space and or agricultural uses prevent scattered non-farm uses from developing improperly secure economy in government expenditures for public utilities and service. Residential uses of any kind, other than farm dwellings, are not permitted in the District. As stated above, this the default zoning designation that was applied to site upon annexation. The current use of the property under this zoning designation is non-conforming. The applicant has requested rezoning to R-4. The purpose of the R-4 (Mobile Hame Park) district is to provide for mobile home uses and directly related uses. Under the requested zoning designation, the current land use would be permitted. In evaluating the application for rezoning, the Zoning Ordinance asks the City to consider the fallowing: Relationship to municipal comprehensive plan. 2. The geographical area involved. 3. Whether such use will tend to or actually depreciate the area in which it is proposed. 4. The character of the surrounding area. S. The demonstrated need for such use. Planning Commission Agenda- 04/01/2008 The subject request is consistent with the Comprehensive Flan. It is not expected that the use will depreciate the area, as the site is currently being used as a mobile home park, and has been for some time. In terms of the character of the surrounding area, the land to the east of the site, across Highway 25, is also a mobile borne park and is zoned accordingly. Lot Requirements. Design standards for the R-4 District require that each mobile home site contain at least 4,000 square feet of land area. The minimum dimensions for each site are 40 feet in width and 100 feet deep. It should be noted that staff has not been provided with adequate information to determine if all existing lots will be in compliance with these R-4 District requirements. While there may be potential non-conformities with the performance standards of the R-4 District, the R-4 zoning designation is more consistent with what exists on the site, and the rezoning may actually be reducing non- canformities from the A-O designation in that regard. ALTERNATIVE ACTIONS Regarding the request fox rezoning from A-O (Agricultural Open Space) to R-4 (Mobile Home Fark) the City has the following options: 1. Motion to recommend approval of the request far rezoning from A-O to R-4, based on a finding that the subject request is consistent with the intent of the Comprehensive Flan and the character of the surrounding area. 2. Motion to recommend denial of the request for rezoning from A-O to R-4, based on a finding that the subject request will depreciate the surrounding area and there is no demonstrated need for such use. RECOMMENDATION Regarding the request for rezoning from A-O, Agricultural Open Space, to R-4, Mobile Home Park, staffrecornmends approval. The proposed rezoning is consistent with the intent of the Comprehensive Flan, and reflects the existing land use on the site. The mobile home park on the east side of Highway 25 is already zoned R-4. The proposed land use designation would eliminate the non-conforming status of the current land use and as such, staffrecornmends approval. SUPPORTING DATA A. Description of Request B. Site Survey C. Long Range Land Use map i. Current ii. Draft 2 ~~~$: PLANNING AND PUBLIC HEARING APPLICATIQN .~ ~'''~; ~~~~'•`~~•~~ ~'`~~~" DEVELOPMENT SERVICES ~;` .x`d. 505 WALNUT S~'REET, SUITE I PLANNING CASE NO. MONTICELLQ, MN 55362 City Hall: (763) 29_5-2711 Fax: (763) 295-4404 M4NTTCET.LO E_M ail: Comnadev c~ ci.monti.cel.ia.mn.us 4:,~~.~ C~ :s,'2 ~ y~ ~yx~; .TYPE ~~:,t~S~I:;~~i!~;`~:'E';:;`:E:''':'.~:••:~E•~`I:>,:•'•.:; :. ...,, . ..... ~~:: :`::<::+i•'.:: .~:~~ .t~S~~~4+~~~A'-~~::iJP~~~i:`!`:~:~`~'4.'r:>::`EE,i'?::..~'~``: ::: ~'f .~1' a~.fJJE"•:~fiF~~°~:;11~:~~~.~~~'us~ •:::>:>::::>::•::::r>::::::•:>:>.:r.::::>:>: ~ :::>:::::.::::::•: ~`~.ir`~.~`:~`Elsb~'.E}~;~~`f{'~' >:::>:::::>~.'•:.:. :::•:.:...., .~. ^ VARIANCE REQUEST $500 far single family/$200 + $S00 depasit far al] others ^ CONDITIpNAL USE $200 per application + review deposit ^ Conditional Use Permit ^ Planned Unit Development -Concept Stage Final stake PUD requires no application fee/deposit. ^ Planned Unit Development -Develop. State © Planned Unit Development -Final Stage ^ SUBDIVISION PLAT ^ Sketch Plans Sketch P lau: $50 + review dcp osit ^ Preliminary Plat Preliminary Plat: $300 + review depasit ^ Final Plat Fiual Plat; $50 ^ SIMPI_,F' SUBDIVISION $200 + de osit (Based an number of resultin lots REZONING /MAP /TEXT AMENDMENT $200 + deposit ^ COMPREHENSIVE PLAN AMENDMENT $200 + deposit ^ SPECIAL MEETING $350 ^ VACATION'S/OTHER $l2S DEPOSIT' FROM BELOW TOTAL FEE & DEPOSIT TQ SE PAID llepasits are estimates only, based nn expenses involved in reviewing application materials by City Staff and consultants; they az°e subject to modification, Causultant services are necessary as determined by City staff for Planner, Etal;ineer, Attorney & other consultants. Applicant is responsible far all expenses related to application reivew. Deposits required as follows. ..... .....; .. .. f"DIVIMER~ ~~,~,~,~I,~'~1~, `1'~F)E'.. `::~~~i~"~~:~i~`]GII~FlI!k~.'. 0.3 acres $2,000 1 unit $500 4-10 acres $6,000 2-TO units $150 per nnit 11+ acres $l0,OD4 1 T+ units $100 per unit PROPERTY ADDRE PROP ERTY L EGAL D ESCRIPT ION: CU~tRENT ZONING: AgriculturalfOpen Space ^ Residential ^ Business ^ Industrial C (CHECK APPROPRIATE BOlI & CIRCLE APPROPRIATE DISTRICT) AQ R1 R1A R2 R2A R3 R4 R-FUll T'Z.R. PZM Bl B2 S3 I34 CD I -1 I -lA I -2 DESCRIBE REQUEST: ~ ~' -.-~1~~~~~~c~~~~€n-~w ~_~-..E__~.1~~~~ _~c2~T" 1 t~ M=-~-~ __-~-_i~~_.P_t~F~1~_l,c~A ~_~~~Q r~ Ey ~ ~ Q-~,~-- _r~~C_~.L`1.1-~~-1~~-~-(??~_ ~ ~-- T ~ F~_.~.s r~_~L~r~_~~`-_~~~1_~-1c2c~__c~`~ _~L~~ ~~ - I _. _~ I ~ ^~ ' --. I ~`' I I I `-~ ` ~' `~ _~ I I v ~/ I ~ ~ ry1 sZ~FZ~~ _ ~ I o~ ' O \` ~ ~ ~ ~ ,,6. ~.,~ Imo. o~ ~o ~ o ~~o ~_ s I .- _ _ -. i ~h ~ - • ~ ` - ~~ A ~ .~ ~~ ~~ ~ ~ ~ !~ o Z 0 c~ 3 W h z .. - o -~ 3 ..~s,soeo N W ~ ~'~ ~~ `~ `~ ~ ~ O ~q 0 0 Z - ~ I I ~ I a ~ ~ Z I O o I q I ~' I i_. .Z ~~ '~ C a 0 v "~ ~~r ~~~V~~~~ • ~~-- - Low R~der1W~1 , ~~km Mw g ~ Lew ~ ~ ~~~~~ ( ~~... ~ I Low Donor Ft+~Mdrr+~ (R-1N} I ® Mwa~um Drn~My (at~rchad hp.) ' ~ tJrbon NN~t6r~rd-Usw - ~ ~~ ~ ~ ~ g ~~ ~Nobd~ Mtr Frark l L~../r~~ ~~ ~ ~~~ Fur~ur+e Nsnd U~ t~l~ws: (~~:~~ • Figure 3-2: Land Use Plan Map • ,, , ~ 1 o ~ Eb '~ ~ 1 ~ i a ~ ~~~ y ~~~ ~~ ,~ ~ ~ _ ~~: t r -t~ ~' ~~ ~ ~ },,. ~ , a t :~ ~ ~ r r r ¢ ~ ~ ~ chi ~ ~ r, ' - , .~ r _ ~ jj 1 ~~. 7 r` ! f 1 ~. \F+. ~T a f ~ ~~ , ~ ~ i i e. ~ G8 "vt~n"x, ti ., ~~ ~' b t~ _ ~ `~ ~~~ r i w. ~ ",` ~ -'1 ~ .../ ~ ~' "air _ z ~~ r ~ A -~ i ~.~ _.~ ~ . Y, I l4 it ~ r ~r~ ~ .~ ~ -~ _~ ~ .~ F; _ :. _,,. - - ;. .- ~~ - s - - _ • ,. - ~. "~ ., ~ e ` 3 .~~, N ~ ~, .. N E' ~, 4 ..... ~. W ~ ~ ~ ~ ,. .6, ~~ r ' ~ .\F~ .. _ .5.v e / , ^y {r_~ - ~ ~ ,~ ~ ~ a is JJ ~ aa._ ~/ = i. ~~ I~ ~ ~ . ~- -- Ate- - r -. ..~.-.. ~ 8 ~~ •I / Y L „-~- ..ti M''. a I - L r r.. 3-4 ~ Land Use City of Manticel9o Planning Commission Agenda -04/01/08 7. Consideration of a re uest for a Conditional Use Permit for Develo ment Sta a Planned Unit Develo meat for amulti-tenant commercial buildin located on Lot 2 Block 1 of the Jerr Hartun Addition. A licant: SB 22 LLC/Mike Krutzi~. (NAB REFERENCE AND BACKGROUND SB 22, LLC/Mike Krutzig has submitted an application for a CUP far Development Stage Planned Unit Development far a commercial. building consisting of up to four tenants on Lot 2, Block 1 of the Jerry Hartung Addition. The subject site is 3.63 acres in area and is located east of Highway 25, west of Cedar Street and south of School Boulevard. Comprehensive Plan. The subject site is guided for commercial land uses in the Comprehensive Plan. Zoning. The site is zoned B-4, Regional Business. The purpose of the B-4 regional business district is to provide for and limit the establishment of motor vehicle oriented or dependent commercial and service activities. Analysis An application for Preliminary and Final Plat for the site was approved by the City in March 2008, as was rezoning from B-3 to B-4. The applicant has now requested Development Stage Planned Unit Development for an 11,000 square foot building on Lot 2, Block 1. Said building will house a 5,431 square foot restaurant use and 5,570 square feet of retail space. The adjacent lot, Lot 1, Block 1, is proposed for future development with one building. The applicant is requesting PUD to accommodate joint access, joint parking and flexibility for signage. Lot Requirements and Setbacks. Na minimum lot width, lot area, or setback requirements apply to the B-4 District. For references purposes, the following chart illustrates the proposed setbacks for the site: Pro osed Front Yard Setback 72 feet Side Yard Setback 2 feet Rear Yard Setback 155 feet Parking. The parking requirement for restaurant uses is one stall for each 40 square feet of gross dining floor area, and one stall for each 80 square feet of moss kitchen floor area. The applicant has submitted a floor plan, indicating that 3,650 square feet is devoted to dining area, with 1,350 square feet is devoted to kitchen area. The parking requirement for retail or office uses is one parking stall Planning Commission Agenda - 04/01 /2008 for each 200 square feet of gross floor area. Using this calculation, 10 percent of the building is presumed to be reserved for hallways, restrooms, utilities and the like. As such, the parking requirement for Lot 2, Block 1 is as follows: S uare Foota a 90%) S aces Re aired Restaurant Dining Area Kitchen Area 3,650 square feet 1,350 s uare feet 92 spaces 17 s aces Retail 5,013 s uare feet 26 s aces TOTAL 13S s aces The applicant is proposing 170 parking stalls on Lat 2, Block 1, plus an additional 41 future parking stalls. The proposed parking greatly exceeds the requirement for the site. However, the applicant has indicated that the restaurant tenant has requested additional parking to serve the use during peak periods. As a condition of approval, the applicant shall be required to enter into a development agreement with the City addressing a number of items, including the construction of any stalls designated for future parking. A total of 90 parking stalls are proposed on Lot 1, Block 1. Parking for Lat 1, Block 1 cannot be evaluated at this time, as no information has been provided on potential users for this site. Parking for this lot will be evaluated as the site develops. In any case, it appears as though the entire PUD will provide adequate parking for additional commercial users. All proposed parking spaces are 18 feet in length, as opposed to the 20 feet required. However, it appears as though the width of the adjacent drive aisles will allow for longer parking stalls, in compliance with the minimum requirement. The applicant has stated that these stalls will be revised accordingly. Signage. In the case of a building where there are two or more uses and which, by generally understood and accepted definitions, is considered to be a shopping center or shopping mall, a conditional use permit may be granted to the entire building in accordance to an overall site plan indicating their size, location, and height of all signs presented to the Flanning Commission. In determining the amount of allowed signage, a maximum of 5 percent of the gross area of the front silhouette shall apply to the principal building where the aggregate allowable sign area is equitably distributed among the several businesses. In the case of applying this conditional use permit to a building, the building may have one pylon or freestanding sign identifying the building which is in conformance with this ordinance. The number of wall signs is dictated by the number of streets an which the property has legal frontage. In this case, the property has frontage on bath Highway 25 and Cedar Street. As such, both sides are calculated into the facade area, and wall signage maybe permitted on up to two walls. 2 Planning Commission Agenda - 04/01/2008 The building has a total silhouette area of approximately 6,231 square feet. Therefore, up to 311 square feet of wall signage is allowed. The applicant is proposing S2$ square feet of wall signage, greatly exceeding the maximum allowed for the site. While some flexibility to wall signage maybe allowed as part of the PUD, staff recommends that the applicant revise the sign plan to reduce the total wall signage. The site has frontage an Highway 25, and is therefore also permitted to have a freestanding sign up to 100 square feet in area and 25 feet in height. The applicant is proposing a pylon sign adjacent to Highway 25. Said sign is proposed to be 26 feet in height and 161 square feet in area. Again, some flexibility is allowed via PUD and the pylon sign is proposed to serve multiple tenants. However, staff recommends that the applicant revise the overall sign plan to reduce the total signage for the site. Access. Access to Lot 2, Block 1 is proposed in the southeast earner of the site, off Cedar Street. A second access is proposed in the northeast earner of the site into Lot 1, Block 1 as that site develops. These curb cuts are approximately 31.1 feet apart. Internal drive lanes are a minimum of 24 feet in width, and as wide as 32 feet in same locations. The primary access to the site has a drive lane width of 32 feet. In terms of pedestrian access, a bituminous trail currently runs along Highway 25, on the west side of the property with a sidewalk on the east side of the property. As part of the PUD, the applicant is proposing joint access with the Lot 1, Block 1, to the north of the site, and joint access to the existing strip mall at Monticello Business Center Second Addition. As proposed, the site indicates a temporary drive over Lot 1, Block 1 that would be surfaced with Class V at a width of 20 feet. Staff recommends that the applicant revise this drive to a width no less than 24 feet, surfaced with an alternate material. The applicant has expressed an interest in using recycled bituminous as opposed to Class V. This material has been deemed acceptable by staff. The joint access arrangement is allowed by Conditional Use Permit, or as part of a PUD, where adjoining business provide for private cross access between parking lots, provided that: 1. The required landscaping and island areas within the share parking lot meet the combined minimum as required by this Ordinance. 2. The parking lot meets the required setback at the perimeter of the parcels in question. 3. The curb cut access locations to the parking lot(s) are approved by the City Engineer. 4. A shared access and maintenance agreement is provided by the property owners and recorded against all subject properties. ~1 ~_.J 3 Planning Commission Agenda - 04/01/2008 The applicant has not provided a maintenance agreement as part of the application. This document will be required as a condition of any approval, and shall be reviewed and approved by the City Attorney. Upon review of the Monticello Business Center Second Addition PUD, shared access to the subject site was approved, conditioned on receiving a shared access and maintenance agreement for that arrangement as well. This agreement shall also be required at this time as a condition of approval. In addition to the conditions of approval, additional review will be required for Lot 1, Block 1 at such time as the site develops. As na development is currently proposed for Parcel A, full Conditional Use Permit review shall be required to accommodate the shared access arrangement on that parcel with any future user. Landscaping. For commercial sites, a minimum of one overstory tree per 1,000 square feet of gross building Hoar area, ar one tree per SO lineal feet of site perimeter, whichever is greater, is required. The site has approximately 1,112 lineal feet of site perimeter, requiring 23 overstory trees, and 10,946 square feet of building area, requiring 11 trees. Therefore, the site perimeter requirement prevails. The applicant is proposing 20 overstory trees and three ornamental trees throughout the site, as well as numerous shrubs. While the minimum overstory tree requirement has not been satisfied, the shrubs and ornamental trees may serve as credit for the three remaining trees. In terms of species, the applicant is proposing six Imperial Honeylocusts, four Red Maples, and ten Black Hills Spruce. The majority of the tree plantings are proposed along the perimeter of the site. Shrub plantings are proposed around the foundation of the building, and along the south and west boundaries of the site. The ornamental trees are proposed under the overhead power lines, to avoid any interference. In addition to the overstory tree requirement, the applicant is required to provide a minimum of one internal landscaped area/island delineator in addition to any required traffic safety island for each additiana15,000 square feet of off-street parking space after the first 5,000 square feet. In this case, a minimum of eight such islands are required. These islands must be a minimum of 173 square feet in area, equal to the size of an average parking stall on the site. The applicant is proposing nine islands, consistent with the minimum requirement for the site. Lighting. The applicant has submitted a photometric plan illustrating seven fixtures mounted an 28-foot poles, and four fixtures mounted an 18-foot poles. The zoning ordinance restricts any light, ar combination of lights, from casting glare onto public street in excess of 1 footcandle, when measured at the centerline of the street. The photometric plan indicates readings up to 2.8 footcandles along the east property line, adjacent to Cedar Street. It is unlikely that these readings 4 Planning Camumission Agenda - 04/01/2008 will drop below 1.0 footcandles at the centerline of the street. As such, the applicant shall be required to revise the photometric plan showing readings all the way to the centerline of the adjacent public streets. Readings at the centerline shall not exceed 1 footcandle. Staff is also concerned with the height of the fixtures under the existing power line easement. In the past, Xcel Energy has not allowed pales in excess of 12 feet in height under overhead power lines. Staff recommends that the applicant reduce the height of these poles under the NSP easement to a height consistent with the policies of Xcel Energy. Building Design. The applicant has provided color elevations for the entire building. The building is proposed to be constructed primarily of red, brown and tan rock face CMU, with red and brown brick on the upper half Each entrance will be accented with black fabric awnings and. glass coverage. The restaurant tenant will have a black and yellow roof screen with a yellow LED accent strip around the top of the building and metal coping. The entrance to the restaurant user will be accented with a yellow entrance sign, extending above the height of the remainder of the building. An outdoor seating area is proposed on the south side of the building, with a canopy and decorative fencing surrounding the perimeter. Grading Plan. The City Engineers have reviewed the proposed grading plan and made the fallowing recommendations: Show the proposed 1-foot contours and how they will tie into the existing grades around the site. 2. It is recommended to use 2% slopes far the parking area. Provide storm sewer design calculations. A complete review of the storm sewer system will be reviewed after these calculations are submitted. You may want to reroute the storm sewer to tie into the existing 30-inch storm sewer instead of the catch basin on Cedar Street. 4. As discussed, consider rerouting the storm sewer on the west side of the site to the existing manhole to the west at the property line of Lot 1 and 2 if the existing storm sewer has sufficient capacity. 5. Catch basins should be a minimum 4 feet deep as per City design standards. 6. Number the catch basins to identify them, both in the plans and your design calculations. Planning Commission Agenda - 04/01/200$ 7. Adjustment of the existing storm sewer manhole on the 30-inch storm sewer may require concrete sections to be removed due to the amount of adjustment needed. The maximum height of adjusting rings shall not exceed 12-inches. Provide an alternate to permanent barricades placed along the north lot line such as landscaping, temporary curbing ar alternative signage. 9. Identify the emergency overflow elevation and route. Utilities. The City Engineer's have reviewed the preliminary utility plan, and made the following recommendations: The sanitary sewer stub from Cedar Street is 8-inch, not 6-inch as noted. 2. The City requires individual sewer and water services to extend to each building from a City main where there are separate owners for each building. It is understood that there will be one owner for the proposed buildings on Lot 2 and a separate owner for Lot 1. 3. For the sanitary sewer service, the City main as referenced above, will be defined as the 8-inch stub from Cedar Street extending to the manhole within the site. A drainage and utility easement shall be shown on the final plat aver this City maintained line. The sanitary sewer manhole shown on the plan should be a standard manhole and not a sampling manhole. A sampling manhole will need to be provided on the service line to the proposed restaurant building and allow for the City to access the manhole for monitoring. If the building adjacent to the proposed restaurant becomes a restaurant or food service-type building, a sampling manhole would need to be installed an the service at that time. In addition, please extend the sewer services from the proposed City main and not directly from the manhole, to serve Lat 1 and 2. Wye connections should be made just east of the proposed manhole. 4. For the water service, two alternatives were discussed. a. Extend the water service from the stub on Cedar Street with individual services extending to Lat 1 and Lot 2. A hydrant would need to be provided at the end of the stub to allow for flushing of the main, as this would be a City main. A drainage and utility easement would need to be provided aver the City maintained line. b. Extend a separate water service to Lot 2 from the 12-inch watermain within Cedar Street, while retaining the existing stub to serve Lot 1. The street will need to be excavated to accomplish • Planning Commission Agenda - 04/01/2008 this. The City is currently updating its detail plate defining utility excavations in streets and will forward that to you. 5. Note existing hydrants and gate valves may need to be adjusted as per City standards. 6. Na additional hydrants are required on the site as long as existing hydrants are within 150-feet of building FDC's. Tn addition, it is assumed that the building will be sprinkled. 7. A utility excavation permit must be obtained from the Public Works department prior to commencement of utility connections. Other engineering recommendations include the following: Provide a concrete driveway apron at the site entrance from the cul-de-sac per City Standard Plate No. 5007. Provide more detail on the entrance grades to verify drainage. 2. The 20-foot wide temporary access will be revised to be 24-feet wide and consist of recycled bituminous material. The access will be located behind the buildings closer to TH 25. 3. The City's experience with parking lot lighting under NSP's easement indicates that a maximum 12-foot high pole is allowed within their easement. 4. All detail plates should be revised to reflect the current plates from the City General Specifications dated April 2007. We will provide those to you along with recent revisions the City has made to detail plates S. Show the 1:1 zone of influence and corresponding elevations far the 30- inch storm sewer and the foundation of the building. ALTERNATIVE ACTIONS Regarding the request for a Conditional Use Permit Development Stage Planned Unit Development, the City has the following options: Madan to recommend approval of the request for a Conditional Use Permit for Development Stage PUD as presented, based on a finding that the proposed use is consistent with the performance requirements far the B-4 District and provides a quality project that justifies the use aFPlanned Unit Development. • 7 Planning Commission Agenda - 04/01/2008 2. Motion to recommend denial of the request for a Conditional Use Permit for Development Stage PUD, based on a finding that the praposed use is not consistent with the performance requirements for the B-4 District and is not consistent with the intent of Planned Unit Development. RECOMMENDATION Staff recommends approval of the CUP for Development Stage Planned Unit Development, subject to the conditions outlined in Exhibit Z. The applicant has praposed a site layout that is consistent with the performance standards of the B-4 District, and the site appears to function well with neighboring uses. The building design and site layout appear to be consistent with the intent of Planned Unit Development, and therefore staff recommends approval. SUPPORTING DATA A. Preliminary Site Plan B. Preliminary Grading Flan C. Preliminary S.W.P.P.P. D. Preliminary Utility Plan E. Preliminary Landscape Plan F. Details G. Architectural Site Plan H. Floor Plan 1. Preliminary Elevations (incorrectly labeled by direction) 7. Photometric Plan K. Calar Building Elevations L. Sign Flan Z. Conditions of Approval S Planning Commission Agenda - 04/01/2008 Exhibit Z Conditions of Approval SS 22, LLC/MIKE KRUTZIG 1. A shared access and maintenance agreement shall be provided by the property owners and retarded against all subject properties. 2. The applicant shall submit a revised signage plan, illustrating a pylon sign no greater than 25 feet in height and 100 square feet in area and also reducing the total wall signage. 3. The applicant shall be required to revise the photometric plan showing readings all the way to the centerline of the adjacent public streets. Readings at the centerline shall not exceed 1 footcandle. 4. The temporary access to the Monticello Business Center Second Addition shall be constructed of recycled bit at a width of 24 feet. 5. The applicant shall reduce the height of the light fixtures within the power line easement to a height consistent with the policies of Xcel Energy. 6. The applicant shall enter into a development agreement with the City to address proof of parking, parking in the storm sewer easement, construction of a patio within the storm sewer easement and general conditions of the Flanned Unit Development. 7. 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