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Planning Commission Agenda 05-06-2008AGENDA MONTICELLO PLANNING COMMISSION Tuesday, May 6t", 2008 6:00 PM Commissioners: Rod Dragster, Charlotte Gabler, Lloyd Hilgart, William Spartz, and Barry Voight Council Liaison: Susie Wojchouski Staf£ Angela Schumann, Gary Anderson, Kimberly Holier - NAC Call to order. 2. Consideration to approve the minutes of April 1, 2008. 3. Consideration of adding items to the agenda. 4. Citizen comments. 5. Public Hearing -Consideration of a request for Amendment to Conditional Use Permit for Planned Unit Development as related to section 3-2[B] of the Monticello Zoning Ordinance regulating R-lA Design Standards. Applicant: Keyland Homes 6. Public Hearing -Consideration of a request for a Conditional Use Fermit for Outdoor Sales & Display as related to an outdoor volleyball facility in a B-4 (Regional Business) District. Applicant: River City Extreme/Parnell, Mark 7. Public Hearing - Consideration of a request for Conditional Use Permit for Open & Outdoor Storage accessory to a government utility building in a B-4 (Regional Business) District. Applicant: City of Monticello 8. Adjourn. • Planning Commission Minutes - 04/01/08 ~~ ~ J Commissioners: Council I.,iaison: Staff: l . Call to order. MINUTES MUNTICELLO PLANNING COMMISSION Tuesday, April ].st, 200$ 6:00 PM Rod Dragsters, Charlotte Gabler, Lloyd Hilgart, William Spartz, and Barry Voight Susie Wojchouski Angela Schumann, Gary Anderson, Steve Grittznan - NAC Chairman Dragsters called the meeting to order and declared a full quorum of the Commission. 2. Consideration to approve the minutes of March 4th, 2008. MOTION BY COMMISSIONER GABLER TO APFROVE THE MINUTES OP MARCH 4~', 2008. MOTION SECONDED BY COMMISSIONER SPARTZ. MOTION CARRIED. Consideration of adding items to the agenda. • Chairman Dragsters requested an update on the Comprehensive Plan. 4. Citizen comments. NONE. 5. Public Hearin ---Consideration of a re uest of a re uest for Frelimina and Final Plat for the AMAX Addition a commercial lot in a B-3 Hi hwa Business Dzstrict. A licant: AMAX Self-Stara e Planner Steve Grittman presented the staff report, stating that the applicant is seeking a preliminary and final to divide s single lot into two lots. The current single lot is divided by Cedar Street. Grittman reported that the subdivision is consistent with code requirements and that it meets zoning requirements for the B-3 district. Although the proposed property line does divide the buildings, it is an existing conditions and that division can be accommodated by the existing approved PUD in place over these properties. Grittman explained that there is an issue related to an abjection over a small portion of the plat in the southwest comer. The neighboring property owner believes that the proposed plat reflects land that belongs to him. Grittman stated that issue would need to be worked out between property owners, as the County will not record the plat if ownership of property within the plat is in question. Planning Commission Minutes - 04/01/08 Grittman stated that staff recommends approval of the plat as proposed, subject to conditions as noted and the resolution of the southwest lot line issue. Dragsten asked if the plat would need to be replotted to accommodate changes to the southwest lot line. Grittman stated it would just need to be redrawn prior to Council to exclude this piece. Grittman noted that the County will complete a surveyors review of the plat. Dragsten asked if the Commission should still move forward in approving the plat if this issue is unresolved. Girttman responded that it is not City's responsibility to determine ownership of platted property, that is the property owners' responsibility and will be addressed at retarding. Hilgart asked if it is allowable to have the setback of the east line set at zero. Grittman explained that setback is viewed as an existing condition by the PUD in place. Voight asked if Grittman is assured that the subject piece of land can be included in the plat. Grittman stated that verification of ownership has to be completed before it can be recorded. Grittman stated that the City is not the arbiter of those items; it is the County or the courts. Dragsten asked about the ROW requested for site corners. Grittman explained that Dundas Road has been platted as ROW and add the City Engineer has requested clips at the lot corners for preservation of site lines. Dragsten asked if Dundas is currently easement. Grittman stated that is how it appears. Dragsten asked if old Highway 25 has been vacated. Grittman stated that it has been vacated. Grittman stated that the history of old plats is always carried forward on the new plat. The dashed line means that it has been vacated and the document number also appears on the plat. Chairman Dragsten opened the public hearing. Glen Posusta, 2330 Eastwood Circle, addressed the Commission as applicant. Dragsten asked if the disputed area will. be a problem. Posusta stated that the area will be showsn as needed by law. Posusta commented that his abstract of ownership includes this parcel. He reported that this became a problem because of action by the previous administrator. It is going through quiet title action and he stated that he realizes that the plat can't be retarded until it is resolved. He noted that he does have someone to purchase the property and will therefore revise the plat to leave this notch out. Dragsten sought confirmation that the plat would exclude this portion. Posusta responded that if it is determined that it is his property, the City will pay for the property, or City will have to pay for value of the property to the person who believes it is their property. In the meantime, Fosusta stated that he can't sell the lot with that notch included. 2 Planning Commission Minutes -~ 04/01/0$ Dragsters asked if the applicant had reviewed Exhibit Z. Posusta replied that he had and that he had given to the Commission a handout related to one of the conditions. He stated that he has issues with everything on exhibit Z. He explained that the documents given to the Commission noted that the previous Building Official okayed the location of the wall. If there is anything that needs to be fixed within the easement, it shouldn't be his responsibility. Posusta indicated that it baffles him that the City would need to be on the inside of the wall to do anything. He noted that the area behind the wall is not currently hard surfaced. If the City wants to open cut and put pipe in ground for fiber, they should do it now. Then there shouldn't be any issues. Dragsters asked if there are utilities on the inside of the wall. Posusta stated that there is a gas line which parallels that wall on the outside. Dragsters asked if Posusta does not agree with the recommendations of the City Engineer, either. Posusta explained that he had been asked to remove three trees by the Engineer. However, as the City had previously told him to plant the trees, it seems odd that they want to take those out. He noted that the likely can't be moved due to the size, so they would have to be cut down. Dragsters asked about conveying Dundas as ROW. Posusta stated that he is willing to do that if the other items ors Exhibit Z go away. Vought stated that one of the conditions requires recording within 100 days. Posusta stated that it has already been discussed that he would leave the notch out, so recording would not be an issue. Hilgart clarified that Posusta is not necessarily opposed to the site corners. Posusta stated that he is willing to da that if other items go away. Hilgart asked about condition related to the wall and the easement. Fosusta commented that the only other utilities that could be placed there is fiber. Everything is already in. Hilgart asked about 20' to allow for sight distance. Posusta stated that he doesn't understand how there could be any issue with sight lines. Dragsters noted that the intersection is difficult in terms of sight lines. Schumann noted that the summary ofthe City Engineer's comments appear in Exhibit Z; there are no other additional conditions. Dragsters stated that he doesn't want to make decision on the easement when we don't know what is there. Vought asked Posusta when he is planning on surfacing. Posusts stated this summer. Gabler asked what the ramifications of waiting 30 days until things are resolved with this other property owner. Posusta responded that he understands it is up to him to get the plat corrected before getting it to Mayor for signature. r~ u Planning Commission Minutes - 04/01/08 Posusta noted that quiet title action could take 6 months to one year. That is why he will leave it off the plat. Dragsten noted that if the item were delayed, these items could be cleared up. Posusta noted that he can't sell the property with the quiet title issue unaddressed. Dragsten stated that the other thing is that there are four other conditions on the report which he may not agree with. He commented that if this were continued for another 30 days, perhaps the conditions could be resolved and the City could move it through very quickly. Hilgart stated that his feeling is that he would make a motion to approve and let the Council make those determinations. By the time it gets to Council, they'll have resolved it. Voight agreed Gabler stated that she would prefer to wait 30 days. Spartz stated his is fine moving forward. Posusta stated that he would prefer to leave it to the Council. Staff has their position and they are not in position to negotiate like Council. Hearing no further comment, Chairman Dragsten closed the public hearing. Spartz stated he is more concerned about Exhibit Z than the disputed property, as it isn't for the City to decide who awns what. MOTION BY COMMISSIONER HILGART 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 AS FOLLOWS. l . 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. Any disruption of the portion of the existing concrete wall on Lot 1, Block 2 that lies within the City right-of--way ar 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 our fiber optic lines. 4. The property lines in the northeast corner of Lot 1, Block 1 and the northwest corner of Lot 1, Block 2 shall be pulled back 20-feet to allow far sight distance at each of the property corners at the intersection of Cedar Street and Dundas Road. 4 Flanning Commission Minutes - 04/01/08 MOTION SECONDED BY COMMISSIONER VOIGHT. MOTION CARRIED, 4-1 with Commissioner Dragsten in dissent. Public Hearin -~ Consideration of a re uest for Rezonin from A-O A culture-O en S ace to R-4 Mobile Hoxne Park for the ro ert known as K'ellber 's West Mobile Park. A licant: K'ellber 's Inc./K~ellber Mobile Home Park City Flanner Grittrnan presented the staff report. He explained that the subject property lies west of Highway 2S, and is currently zoned A-O, Agricultural-Open Space. He noted that the site is currently used for mobile homes. Grittman indicated that the applicant has cited the conflict between the existing use and the zoning district as the rationale for the rezoning request. When evaluating rezoning, Grittman stated that his primary concern is the land use designation in comp plan. Grittman stated that the existing comp plan labels the property as mobile home park and the proposed comp plan has this are under consideration as a place to live as well. He Hated that there is a likelihood that there are existing Han-conformities. The non- canformities transfer as existing conditions. Grittman explained that the rezoning may actually make the site more conforming, although some technical standards maybe out of compliance. As a result of these factors, staff is recommending approval. Gabler confirmed that this request just changes the designation. Grittman confirmed that and stated that future uses on the site will be evaluated against the R-4 district. Spartz asked if there was any reason it wasn't done previously. Grittman stated that it hadn't been requested. Chairman Dragster opened the public hearing. Kirk Kjellberg 9127 State Highway 25, Monticello made himself available for questions. Spartz asked why the rezoning hadn't been completed earlier. Kjellberg stated that he had inquired about that to the City Administrator, who ntoed that when property is annexed, rezoned is normally an automated process. Kjellberg explained that the East side was automatically rezoned when it was annexed, but for some reason this side was not. Gabler asked if there was something specific that prompted this request. Kjellbeg stated that it is part of an on-going concern about getting it compliant with uses of current property. Dragsten asked if he has any plans far the site. Kjellberg replaied that he is not proposing any changes as far as what is going to happen, but it is certainly not agricultural. Hearing no further comment, Chairman Dragsten closed the public hearing. Planning Commission Minutes - 04/01/08 MOTION BY COMMISSIONER VOIGHT TO RECOMMEND APPROVAL OF THE REQUEST FOR REZONING FROM A-O TO R-4, BASED ON A FINDING THAT THE SUBJECT REQUEST IS CONSISTENT WITH THE INTENT OF THE COMFREHENSIVE FLAN AND THE CHARACTER OF THE SURROUNDING AREA. MOTION SECONDED BY COMMISSIONER SPARTZ. MOTION CARRIED, 5-0. 7. Public Hearin -Consideration of a re uest for Conditional Use Permit for Conc t and Develo ment Sta a 1?lanned Unit Develo ment for a commercial develo meat in a B-4 Re Tonal Business district. Applicant: SB 22, LLC/Mike_Kxutzi City Planner Grittman presented the staff report. Grittman referred to site plan for the Jerry Hartung Addition, which. is currently undeveloped property and zoned B-4. He stated that the proposed development of the property is in two lots. The development consists of approximately 11,000 commercial at present, with about half as restaurant at far south. The site itself includes a significant amount of parking, more than required by code. Grittman indicated that the City require 135 spaces; the site plan shows 170 parking stalls and additiona141 future stalls under the powerline. There is also additional parking that would serve second lot to the north. Grittman explained that the applicants have proposed signage larger than allowed, which can be considered under the PUD. In terms of access, a common access is shared and in place with existing retail to the north. There is also cross access shown for both parcels and crossing onto the existing parcel to the north. Grittman stated that there is a requirement to provide easement agreements and the City is asking the applicant to provide that documentation. The landscaping on the site is shown to consist of trees and shrubs and is consistent with the existing development to the north. The code has specific requirement for number of trees and allows the City to approve shrub plantings in lieu of trees. Crrittman stated that he believes the plan is attractive and acceptable in terms of the intent of the ordinance. Grittman stated that a lighting plan has been submitted, but needs some adjustment to meet ordinance standards. Grittman reported that the applicant had submitted color renderings of the building. It is similar in architectural style to the buildings that are in the commercial area. Grittman noted that there are also a number of engineering recommendations which have been talked through. with the applicant. Grittman reported that staff is recommending approval and briefly reviewed the conditions listed in Exhibit Z. Voight asked about the landscaping which is now in the proof of parking area. Grittman indicated that they show where it would be replaced, but at that time moving the landscaping would require an amendment to PUD. Hilgart inquired whether this area was included in the original commercial development and FUD. Grittman stated that the plat was redrawn, and this southern area was not included in the original PUD and plat. The northern portion was conceptually shown, but there are changes from that concept. Grittman stated that a portion was approved by PUD, but is being amended with this. 6 Planning Commission Minutes - 04/01/08 Spartz noted that the City Engineer's carnrnents are included in the staff report. Letter was not in the packet. Gabler whether the southern area needs to be bermed based on new ordinance for screening. Grittman stated that if this is developed, they would have to meet parking lot screening requirements. Dragsten asked what would be done initially. Grittman referred to limits of parking, Hating that na parking directly faces the residential property. Voight stated that only applied if it is on the line and they would need to do it only if directly facing the area. Dragsten noted that City should look at screening on that south side, even the way it proposed now. Dragsten referred to site plan, noting that the area is not going to be hard surfaced. Grittman pointed it out as the temporary access area across the vacant lot to the existing development. He noted that the engineers are saying 24' recycled bituminous is appropriate until this lot develops. Dragsten asked if there is an alternative to permanent barricades. Grittman stated that barricades are ugly, so the City is looking for an alternative. Dragsten asked if there is a cul-de-sac, why do anything. Grittman responded that Public Works believes same visual notification is needed as it is a temporary road way. Voight suggested planting some trees. Dragsten what indicated it as temporary. Grittman stated that it is smaller than the City standard and is not curbed. Chairman Dragsten opened the public hearing. Mike Kxutzig, 18897 180~~' Avenue, Big Lake, addressed the Commission as applicant. Dragsten asked Krutzig to review the revised sign plans that he distributed to the Caminission at the meeting. Kruztig stated that in regard to the building itself, staff has asked for less signage. They had taken a look to see how to make staff happy and still get results. He Hated that they went back to architect for consistency within the FUD. They reduced building signage by S 8 square feet. Krutzig noted that on the other two buildings, they used 10% of silhouette. After we put signage on that building, the City also requested that they put signage an rear because back of the building, as it would look more attractive if they are broken up. Cedar Street is heavily traveled. Krutzig stated that to be consistent and attempt to make the building's Cedar Street side lank attractive, we reduced the signage on the front and side dawn to 298 from 311 square feet. Signage was added to the back of building only in an attempt to comply and be consistent with previous approvals. Dragsten Hated that the signage proposed was 608 square feet. Krutzig stated that what they now propose is 478 square feet. If you take the back off, which is the City wanted 7 Planning Commission Minutes - 04/01/08 us to soften, then the front and side tames to 298. Only in dealing with the back, did they end up going aver. Krutzig stated that it is very consistent with other two buildings, which is important in a PUD. Hilgart confirmed that he did look at the buildings, and the signage does not look out of place and does break up the building. Kruztig stated that it does help, as the more appealing the building is, the happier the tenants. Dragsten stated that City has been flexible on other buildings. He questioned whether perhaps the City had calculated those based on a percentage. Dragsten stated that this building is about the same size as the others. Kruztig responded that it is a little smaller, but the sign size is in proportion. Dragsten asked if he recalls what he got on the other buildings. Krutzig stated that he does not, but it is very consistent. Dragsten clarified that the signage would be under ordinance requirements if nothing was on the back. Krutzig discussed the pylon. In order to maintain consistency within PUD, they are proposing a pylon that falls between the two existing signs in terms of the area. The height proposed at 26' is consistent with existing signs also. Kruztig stated. that as the PUD allows latitude, he would ask for what has been previously approved to maintain consistency. Dragsten asked far the square footage comparison in the new plan. Krutzig responded that the area on the pylon is the same, but they've gone down 136 Feet on the wall signage Krutzig stated that they place a great deal of focus on appearance, want them to look nice. Dragsten stated he understands what he is trying to do and trying to be consistent. Dragsten asked if they have problem around cul-de-sac. Kruztig stated that they do not; they try to get along with the request of the City. Drgatsen asked if he is familiar with Exhibit Z. Kruztig stated that he is fine with items in Exhibit Z. Dragsten asked about buidling set back from powerlines. Kruztig stated that issue has been worked out with Xcel. Dragsten confirmed that they have proposed no signage on the corner or curb. Krutzig state nothing in addition to this. Dragsten asked if there is a reason why there is no reader board. Krutzig stated that he had asked Buffalo Wild Wings if they would be willing to chip in but they are not interested right now due to cost. Vaight thanked Krutzig for his explanation on the signage plan and how the new plan was arrived at. He noted his that he was frustrated initially when reading through packet as the signage greatly exceeded requirements. However, he stated that he think building 8 Planning Commission Minutes -- 04/01/08 looks good and the plan proposed is an effort to make the PUD consistent, in efforts to make it consistent. • Voight noted that the problem is not with the applicant's plans ar design. He stated that it seems to clearly indicate that we need to revise the ordinance or abide by the one we have. Krutzig commented stated that appears that the City is giving, behind the scenes, there is a lot of giving on bath sides. Voight agreed, but from the Commission's perspective, sometimes they just see what the City is giving up. . Dragsten addressed sign ordinance, noting the flexibility of the PUD, and also that if each of these buildings were on its own parcel, each would be allowed much more signage than what is being proposed as a PUD unit. Spartz asked if Kruzig understands the screening requirements to the south. Kruzig stated that if that is what is required, he will do what is required. Dragsten explained that when a commercial project abut a residential neighborhood, there is an ordinance requiring some sort of head wall or proper landscaping. Krutzig stated he understands and would be sensitive and would be agreeable to it as condition to this approval. Spartz stated that he wanted to clarify because he will be adding it to Exhibit Z. Chairman Dragsten closed the public hearing. MOTION BY COMMISSIONER SPARTZ 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 FOR THE B-4 DISTRICT AND PROVIDES A QUALITY PROJECT THAT JUSTIFIES THE USE OF PLANNED UNIT DEVELOPMEN, SUBJECT TO THE CONDITIONS 1N EXHIBIT Z AS FOLLOWS. A shared access and maintenance agreement shall be provided by the property owners and recorded against all subject properties. 2. 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. 3. The temporary access to the Monticello Business Center Second Addition shall be constructed of recycled bit at a width of 24 feet. 4. 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. S. 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 Planned Unit Development. 9 Planning Commission Minutes - 04/01/08 6. The applicant shall comply with all recommendations of the City Engineer's, as detailed in the memo from WSB and Associates dated March 26, 2008. MOTION SECONDED BY COMMISSIONER VOIGHT. MOTION CARRIED, 5-0. Comurehensive Plan Update Schumann noted that the Commission would be holding its public hearing on Wednesday, April 30r'', 2008 in order to avoid conflict with the Board of Review meeting on Tuesday, Apri129`~'. 9. Adjourn. MOTION BY COMMISSIONER SPARTZ TO ADJOURN. MOTION SECONDED BY COMMISSIONER HILGART. MOTION CARRIED, 5-0. • 10 Planning Commission Agenda - 05/06/08 5. Public Hearin -Consideration of a re uest for Amendment to Conditional Use Permit for Planned Unit Develo meat as related to section 3-~ B of the Monticello Zonin Ordinance re~alatin~ R-lA Design Standards. (AS/GAS REFERENCE AND BACKGROUND In May of 2002, the City of Monticello approved a final plat and rezoning for the Hillside Farm project. Hillside Farm is a Planned Unit Development project consisting of 84 single-family lots. The plat is being developed in four phases. The PUD approval allowed the plat to be developed with R-1 lot sizes, but application of R-lA design standards. Under the original approval, the developer did not ask for any variation or relaxation of the R-1A design standards. Since that original approval, the developer has requested one amendment to the PUD. The amendment applied to the entire development and relaxed the foundation square footage requirements for the homes. That amendment was approved by the City. The current application for amendxent is being requested by the builder and owner of all lots within only the first and second phases of the Hillside Farm development. Key Land Homes is requesting that the City consider relaxing only one specific provision of the R-1 A standards. Monticello Zoning Ordinance 3-2~BJS states: No portion of any garage space may be more than jive feet closer to the street than the front building line of the principal single family use. T The house-forward ordinance provision was designed to strengthen the step up housing product, by creating a more attractive streetscape with the house being the more prominent feature. The applicant is requesting that this section of the R-lA standards be waived for the remaining six (6) vacant lots in the 1 S` and 2°d Additions. As the Commission will note, the supporting data includes information on the homes already constructed in the 15t and 2°d Addition.. Of the 28 homes already constructed, only six (6) meet the ordinance standard above. Essentially, the developer, builder, and City Building Department all missed the application of this zoning standard in permitting these structures. Hillside Farm was in fact, the first development to which the R-lA Zoning Standards applied, which may explain the lack of proper application of design standards. . The Planning Commission is asked to consider this amendment as it applied only the lg` and 2`~ Additions. ALTERNATIVE ACTIONS 1. Motion to recommend approval of the amendment to Planned Unit Development for Hillside Farm 13` and 2°d Addition, based on a finding based on a finding that the applicants have provided adequate evidence that the change is consistent with the objectives of the R-lA zoning. Planning Commission Agenda - OS/~6/08 2. Motion to recommend denial of the amendment to Planned Unit Development for Hillside Farm l s` and 2"`d Addition, based on a fording based on a finding that the applicants have provided adequate evidence that the change is consistent with the objectives of the R-lA zoning. STAFF RECOMMENDATION Staff recommends approval of the amendment to Planned Unit Development. Although the developer and builder failed to comply with code requirements, the City also did not recognize the non-conformity during the building reviews. As a practical matter, the 28 of 34 homes are already constructed, of which only 6 corrzply with the ordinance. It is staff's belief that the homes already built in Hillside Farxn meet the intent of the R-lA ordinance, which is to create step-up housing. Given the applicant's compliance with other R-lA code requirements (including foundation square footage, finished square footage and fagade improvements) staff believes that allowing the balance of the homes to be constructed consistent with the initia128 would not significantly impair the intent of the Hillside Farm PUD. SUPPORTING DATA A. Preliminary Plat -Hillside Farms B. Applicant Request Letter C. Site Images D. Resident Comment Letter • 2 _ _,,,,o •~ul '~uewdolened uosl~y ° ~~ ~.... ^""""' ~.~a=~ ltlld AatlNlWil~lid I :toy ~ r •oQI 'r.. amlvq (Nfb W c+u[a.Jr~'puoq I .. ..,w:Y7,"'. 67086uuIW 'OIIeaI~uoW ZS~UIf~ '--"'-~~-^w"W - SNOISN3J Watld ~~IS"I"IIH ~' E F. q O Z ti ~~~~~ ~4~~0 ~ ~" w w a ~~~ a~a~$ ~Y ~s„~~` ~_ ~x`~~ E~~& ~~~~~ i g ~ ~9_q ~3~ •„ 3 I o§9~9 ~ ~ ~ r€EEL ~n5c ~:~~~ R ~ ~' a7s~~~ ~~ ~ ~~~ $~ g a ~ a~~g k ~~ s g~g g - ~~ ~~ ~ €~ e" ~t ~~ a ip s a aM" , a e 5 sa r !~. W ee y~ p^ ~ 3~~ S.S3 QQyy ~,~~ M~T ~a~ ..~::;:~ ~~~ 1 ,vs~H ru -~ ti+ I ~•J' Y Flw T ~ I t I ~ ~ ~' I~., I ...% :Il Y~~ I , ~~ ,e `~ Y~ _ & I 1~5'r 1a!_K . ' ' ... _... w ... _... ~.- o A. ~ _. -- t$ k e { 4 ~ ~ 'i h ~ C g x~~ 8~ 5~ 6~ L 5~ @ ` ~~ ~ oNO ~na~" 6 a W~uw wwwW ~~~~W W~ZW °~ - ~ ~. ~;' ,. I I~I KEY LAND _~- H O M E S March 14, 2008 Mayor Clint Herst 909 Galf Course Road Monticello, MN SS362 Dear Mayor Herst, Key Land Homes has been building in Hillside Farm development since 2004. The development contract and P.U.D. agreement is dated October 22, 2003. There are 28 homes already built in the first addition and second addition with six lots left to be built on in the first and second additions. The lots are as follows: Lots 3 & S of block 1 and Lots 3,5,6 & 10 of block 2. When Key Land Homes built these homes, we were unaware of a provision in the RIA district concerning the garages. It states as follows: "No portion of any garage space may be more than five feet closer to the street than the front building line of the principle single family use". All other provisions and amendments have been followed. We have attached pictures of these homes for your review. Key Land Homes is requesting that you allow us to build out the final six homes in the first and second addition without the provision of the garage setback being enforced. Currently there are only six homes in these additions that conform to this provision. Respectfully submitted, Gary Horkey President Key Land Homes Cc: Keith Horkey Kevin Horkey Terry Long C7 r~ ~~ ~~ ~~: ~~ ar . 1 ~ ff • • .., may,,, ~ .~ S a ~ • • r 1 LJ L` ~~ • C] C. • ,,,, .: err/ ~ ~~N a : ': M?Y,'y "~•e "~"~ ~d7Y ~'T" ".i sNJ'al' i .i, ~ ~~ ' +~'~''~ :v~ 'N ~~ i• ~' F'ht ~~. ~.~y ;Ai; r77p; fi1~. N•~ ,r •~y < ~ -ki •~ ~ .v .~: PY. e . ~e~ , 7 1 , .. ei VN~4•ih.. '.~,~v 'y'.'Y eY,r:.. _ .... .5... ti ~ ~. }~ l.. •'a'f' , y f, :i }{ ~ ~ ~~4( ~ . ,~ ..~. R~E ~ T ~; is A p+'. t,~ •n ..:y : •i. ~ •, ~ . .. • w ''rte E.~ '.., ~ ~. / v ~/'. ~~ ~ 11/ 1I vI a' S. j ~ 1.: ~ 14 ' ~~+ M ~~ s° ~aS +~x 4 s J' y y r~ M1 r 1 . le,. i; (~'{ ~,i> J d y 6 ~ yyjj ~ ~ •~ " , 1 ~ Ys'x °aSF J ,~ yy,;,.; ,'. 7., t:~, ~.. / ~. ,. J~r ~~ ~ ~~ w~ .. ,iw • ~ . ' .. MN Mw ''A*.~, ,. ~ ...~. ._ MNNr * ;, ~^"• y • • • `:, ~;~„~. • • ,.N :: , , A _ ~ :.., ` ., .q, S .. ~~; ,. ~ « • ~; ..- • ;, .ate ,`.~' ~_ ~ -Y'. . w~.~,~~„~~t Mtiy W- 'day ~. ~ «:.~i ~rri'kL'~'~a.iL-:a.--. - • -'nr~:. . ,, ~,` r 1 LJ w~ z ~ , .~ • • F C r~ ~`~?5w~~-~4~i C7 • • a,. .. ~,~.,~,x,, .r.. R; r.. ~`~ k W {~~~ q:J+ , . .. N.. '""T' • C, ~~ ` ~: ~; ^,~ . d ,. 4 _ ~ ... R~ ~,~. • 5p • • r~ 4/30/2008 Planning Commission, Unfortunately, we are not going to be able to attend the May 6 public meeting to cansider amendments to R1A Design Standards in the Hillside Farms development. Please cansider vur written testimony. As homeowners in the Hillside Farms development, we are apposed to any changes that would lower any building/lot standards in the Hillside Farm addition. We have been residents and homeowners in Monticello for 16 years. When we were looking to move/built into a larger home far our family 21 /2 years ago Hillside Farms was ane of the few, if not only, options we had in Monticello to move into the type of home and neighborhood we desired. It has been long stated that Monticello needs to establish "step-up" neighborhoods to keep families in town that are ready to move out of their "starter" homes. Well, Hillside Farms I believe was intended to be ane of those neighborhoods. It is my understanding that there is already a PUD which has allowed for some smaller lots (which I already disagree with) than R1A was intended to have as a concession to maintain the standard of homes. Now, are the developers requesting to Iower the standards on the homes also? Are they claiming they cannot build the house styles they want because some of the lots are too small, which was their own doing? If that is the case, will this neighborhood slide into the standards you can see in any other neighborhood around town that have plenty of lots to build on? What will this da to the property values to those of us who purchased our homes with the belief we were building in a neighborhood that was going to demand a higher standard of home and our investment in Monticello would be protected? We understand that the building market has been terrible for developers. But, unfortunately that is their business. We would hope that the City of Monticello would protect our interests and uphold the original standards that were put in place for this development. We are willing to put up with empty lots until the market improves rather than see more split levels come on our street (2 in the last year). I have already had conversations with the city about these splits and was told they do meet minimum standards. But, we do not believe they meet the "spirit" of the development standards when you have, what we would consider starter split homes sandwiched between $300,000 - 400,000 2 level homes. We do not think that is fair or appropriate to citizens who have made a commitment to make Monticello home rather than move to St. Michael ar Buffalo to find that step-up development. Of course, they may fmd buyers far a lower standard home in our neighborhood at our expense. We do not have any issue against Keyland Homes, but we are definitely looking out for our interests and requesting that the promise we believe we were building under be kept and maintain the standard of Name that the "vision" of Hillside Farms was intended to have. Please have patience and let the market recover and hold out for and demand a high standard far ALL the homes in this development. There is already too much history of developments sliding into a lower standard than what developers had originally promised the city of Monticello Dave and Julie Wik 8549 Elk Ave Planning Commission Agenda- 05/06/2008 6. Consideration of a re uest far a Conditional Use Permit to allow outdoor sales and service at River Ci Extreme. The subject ro er is located at Lot 1 Black 1 of Jefferson Commons and is zoned B-4 Hi hwa Business. A licant: River Ci Extreme. (NAC) BACKGROUND River City Extreme is requesting approval of a Conditional Use Permit for outdoor sales and service to allow the construction of an outdoor volleyball court on their site within the Jefferson Commons subdivision. A 70,120 square foot bowling alley and banquet facility was previously approved for the site. A variety of complimentary uses were also proposed within the principal structure, including a pro shop, arcade, bar, full kitchen, office and banquet hall. The site is zoned B-4, Regional Business. The construction of the building was modified to a phased plan, with the construction of the banquet center to be part of phase 11. The applicant is now proposing the construction of an outdoor volleyball court in the southwest corner of the building, where the future banquet space is proposed. The volleyball court would remain in this area until such time as construction begins on phase II of the building. The proposed area will contain two volleyball courts in a space 7,315 square feet in area. The courts are designed to have four feet in between and are surrounded by a grass perimeter. The applicant has also mentioned an additional area within the fenced portion that would be available for various games on the existing lawn grass. The fenced area would be expanded to the south to within about 15 feet of the sidewalk to accommodate this use. The applicant is expected to provide additional site plan material to document this proposed use. Conditional Use Permit. Open or outdoor service is a permitted Conditional Use in the B-4 District, if the use is connected with the principal use and is limited to thirty percent 30 of the gross floor area of the principal use. The proposed courts will comprise an area equivalent to approximately 12 percent of the building. The Conditional Use Permit is also subject to the following conditions: Outside sales areas are fenced or screened from view of the neighboring residential uses or an abutting residential district in compliance with Chapter 3 Section 2 G of this ordinance. Comment: No sales area is proposed for the site. The use is instead an outdoor service use. ^ All lighting shall be handed and so directed that the light source shall not be visible from the public right of way or from neighboring residences and shall be iri compliance with Chapter 3 Section 2H of this ordinance Planning Commission Agenda- 05/06/2008 Comment: No additional lighting is proposed for the use. A photometric plan was previously reviewed and approved for the site. The applicant has submitted an additional photometric plan of the subject area, and that plan is addressed below. ^ Sales area is grassed or surfaced to control dust Comment: As stated above, no sales area is proposed for the site. The use will be surfaced with sand appropriate for a volleyball court. ^ The provisions of Chapter 22 of this ordinance are considered and satisfactorily met Fencing. The applicant was originally proposing a chain link fence, ten feet in height, surrounding the perimeter of the court area. The Zoning Ordinance requires a building permit for fences in excess of 6 feet and as such, one shall be required in this case. While the proposed fence does appear as though it will effectively enclose the area, staff recommends that the applicant consider an alternate material. A chainlink fence may propose a safety hazard when surrounding a recreational facility such as a volleyball court. As a result, the applicant is considering a vinyl coated fencing, with netting around the perimeter of the courts. The net material will provide an. effective barrier, while not posing as a significant safety risk. Such material has been used for other recreational facilities throughout the City. Parking. The minimum parking requirement for bowling alleys is five parking spaces for each lane, plus the required additional spaces for related uses contained within the principal structure, as outlined in the Zoning Ordinance. A total of 473 stalls were approved with the original site plan. The total parking requirement included stalls for the future banquet space, which will be replaced by the volleyball courts in the interim. As such, no additional parking is required. for the use. Landscaping. The approved landscaped plan from the previous application illustrates a row of shrubs and a row of deciduous trees screening the court area from the neighboring properties to the west. The existing building will screen the courts from the residential properties to the north. No additional landscaping is required as part of the application. Signage. The applicant has not proposed any additional signage as part of the application, Any additional signage requested for the court area must be approved by the City, and would require an amendment to the CUP. Lighting. The applicant is proposing to light the court area with wall pack lighting, currently mounted on the building, or to be added on the existing building walls. A photometric plan for the area has been submitted, indicating readings up to 5.9 footcandles at the perimeter of the court. Any additional lighting will require an amendment to the Conditional Use Permit, and must be reviewed by the City. Staff notes that the hours of operation (see below) will extend to periods after dark, including 1.1:00 p.m. on weeknights. While some lighting is provided by the existing Planning Commission Agenda- 05/06/2008 improvements, many facilities of this type augment lighting for safety anal convenience of the participants. Because additional lighting would raise a separate concern, planning staff emphasizes that no additional lighting should be allowed as a part of this permit. if available light becomes an issue, the applicant should consider shortening the hours of operation where natural light will be adequate. Hours of Operation. The applicant has indicated that the hours of operation for the proposed use are 5:00 PM to 11:00 PM Monday through Friday, and 12:00 PM to 10:00 PM on Saturdays. These hours are identical to those of the principal use. ALTERNATIVE ACTIONS 1. Motion to approve the request for a Conditional Use Permit for open and outdoor sales and service, based on a finding that the subject use is consistent with the intent of the B-4 District and the conditions of approval have been met, subject to the conditions outlined in Exhibit Z. 2. Motion to deny the request for a Conditional Use Permit for open and outdoor sales and service, based on a finding that the subject use is not consistent with the intent of the B-4 District and the conditions of approval have not been met. RECOMMENDATION The applicant is proposing a volleyball court facility an the south side of the bowling alley building, facing School Boulevard. This area is where the future banquet facility will be constructed, and the volleyball courts will essentially be an interim use. The proposed use will be adequately screened and buffered from neighboring residential properties, and is not expected to have an adverse impact on the site of surrounding areas (subject to the lighting coxxaments above). As such, staff recommends approval, subject to the conditions in Exhibit Z. SUPPORTING DATA: A. Applicant Narrative B. Site Plan C. Lighting Plan D. Landscape Flan E. Fence Detail Z. Conditions of Approval Planning Commission Agenda- 05/06/2008 xhi it Z E b CONDITIONS OF APPROVAL RIVER CITY EXTREME 1. The applicant shall consider netting in addition to vinyl coated chain link fence around the perimeter of the court area. 2. The hours of operation shall be limited to 5:00 PM to 11:00 PM Monday through Friday and 12:00 PM to 10:00 PM on Saturday. 3. Upon construction of Phase II of the principal building, the volleyball court use shall no longer be permitted. ~4. Any additional lighting other than existing wall pack lighting to accommodate the volleyball use shall require an amendment to the Conditional Use Permit. Wall pack lighting shall be shielded per ordinance. Alternative hours should be considered if the current/natural light proves to be inadequate. 5. A building permit shall be required for any fence in excess of six feet in height. ,~~ ~;. A~C'EC~'~,~'~D I~aa ~ o zoos Description of Request River city extreme would like to construct a volleyball court to enhance our facility and create a summer ackivity for those that play volleyball. 1. The court system would be located on the south side of our building facing School Blvd, with our building acting as a screen for the houses on north side. 2. We would tike to light this court for some early evening games. 3. We would be able to meet our requests for league volleyball 4. On the west side and north sides of the court we would put up a 10" high fence. 5. Landscaping would be minimal outside of the court due to existing trees and grass. 6. No signage is necessary for the court system Survey, site plan, existing conditions, grading, and utility plan are already on file from our existing building permit. I thank you for your time and review on this request. A-s always I will answer any and all of your questions as needed. Respectfully, Mark Parnell River City Extreme • •v` t • ~•,~ ~;:~ Il ~ C' ~ ~ r 1 A M ...._. ._.,..~.. ` .r ~ `~.__ ~°. ,9 ^;. air=r- a ~..~ ~ i !!v i ~ ~, 1 i~ ~,. ~ . _ .. ~.__ ~ ~ __.__-___.~.._..... _. ., , ., .._.__.._ ~.......w_~ __.... ......,.~,.,~ ~ AAA .F . ~.... -. .... ~ i . .. ,_' .. ._..-_.a ... ~ ; ~ ``1 d k.,.{ I v -1~~ I ~ :..D '. ~~ ~ rrr -~`~ ~ ' .~ ~~ ....._.. _.~ ...._.. _,..._.... _...._M...... ...... .................... ._.. - ._..._... _...~_.., ._.. .. ~._. ~ , . J ~ _.. ... I ~ ~ ~ I i ' .tr ,.~~ j ~ ,~ f s~, ~.1~ ~ t~,~ ~~? 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I - l~ f i ~ F6 E t...._._.-.-~„..~ --. (~..~ ~ _. ~ .. ., . ,., ,. _ Shop By DaparrmeM - .._ . " r-=.,a :....;... 1 Honia> Chaln Llnk Fance> apacfficatlonB CMAIN LINK FENCE CHtain Liss'......._.ti ... ~ ........................~,....................... . .k Sense S~zs'<>+ts: Warren Photo Galle Installation lust Overview ', Specifications ty ry rucLons Fralght Get a Quote Galvanized Fabric Specifications 12 112 Gauge 11 1/2 C3auge APPLICATIONS Economy Standard Residential MESH SIZE 2 3/6" 21/4", 2 318", 1 1/4" COATING Class III Galvanized before weaving Glass III Galvanized after weaving, Class III 1.2 ounces of zlr Galvanized before weaving ft2 (Ideal for kennels, no burrs) HEIGHTS 36"-144" SELVAGE Knuckle & Knuckle (36"-BQ'~; Knuckle & Barbed (72" and higher) STANDARD ROLL 50 ft per roll MEETS OR ASTM Spec. - A-992 Fed. Spec. - RR• ASTM Spec. - A- EXCEEDS _ AA5HTO Spec. . IDEAL USES Light-weight residential Fencing, Residential fencing, Kennel fencing, Light-weight tort Temporary construction fencing Swimming pool fencing (1 114" mesh size) fencing, Tennis t Galvanized Framework Specifications Economy ResideMfal Framework Standard Residential Heavy Residential Pr Framework Wall Thickness 18 Gauge - .047" 17 Gauge - -055" 16 Gauge ' piameters 1 3/8", 1 5/8" , 2", 2 1 /2" commonly available ~ ®ir gpe`fOOt .90 ounces of zinc per ftz 'des' uses Light-weight residential Residential fencing, Heavy Residf fencing ,Temporary Dog pens fencing construction fencing Light Comms Specifications Available in mill length 21' Available in mill Available in r or 24' (others on request) length 21' or 24" length 21' nr ; " ' " ' (others on request) (others on re( 6 to 8 Cut Posts 5 6 (others on request) Cut Posts 5'6" to Cut Posts 5'6 8'6" (others on (others on rat Swedged ends available request) on 1 3/8" & 1 5/8" rails Swedged enc Swedged ends available on Detail Specifications available tan 1 3/8" & 1 5/8 rails 1 of 3 3/10/2008 3:54 PM F;kr7n~ti~a•t•°;: ~.>a.M am..~ ~, .,..;;I,' Crosls a Nsw Accoud ht's FREE) Fagot Vpur Password? Planning Commission Agenda - 5/06/0'7 7. Public Hearin :Consideration of a re nest for a Conditional Use Permit for outdoor storage accessory to the Fiber "Head End" Building. Auulicant: City of Monticello. (NAC) REFERENCE AND BACKGROUND The City is seeking approval of a Conditional Use Permit to allow an outdoor storage area for the Fiber "Head End" building. This building will house the primary equipment and technical staff operating the City's fiber network system. As a part of that operation, the facility requires the placement of a large satellite dish receiver adjacent to the building. The proposed site plan shows the subject site to be south of the City's new water tower in Jefferson Commons, adjacent to the north boundary of the Kjellberg West Mobile Hame community. The building will be accessed via a parking area, and the outdoor storage area will be to the west of the building. The plans illustrate the area being fenced, with a series of taller evergreen shrubs lining the north and west fence lines. To the south, a combination of existing deciduous and evergreen trees makes up the edge of the mobile home park property. The plans would augment this tree line with two groupings of evergreen trees (Black Hills Spruce) that will increase the screening, but stay short enough to avoid interference with the satellite dish reception. The requirements of the Conditional Use Permit section in the B-4 District (rolled over from the B-3 District) are as follows: [E] Open and outdoor storage as a principal or accessory use provided that: 1. The area is fenced and screened from view of neighboring residential uses or if abutting an "R" district in compliance with Chapter 3, Section 2 [G], of this ordinance. 2. Storage is screened from view from the public right-of--way in compliance with Chapter 3, Section 2 [G], of this ordinance. 3. Storage area is grassed or surfaced to control dust. 4. A111ighting shall be hooded and so directed that the light source shall not be visible from the right-of--way or from neighboring residences and shall be in compliance with Chapter 3, Section 2 [H], of this ordinance. 5. Does not take up parking space as required for conformity to this ordinance. 6. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. The facility appears to meet each of these conditions. The surface of the storage area is proposed to be rock, and the landscaping noted above is intended to screen the area from the north, west, and south. The east exposure is toward the proposed building. No lighting is shown for the storage area. Planning Commission Agenda - 5/06/07 ALTERNATIVE ACTIONS Decision 1: Consideration of a Conditional Use Permit for outdoor storage accessory to the Fiber Head End building in Jefferson Commons: 1. Motion to recommend approval of the Conditional Use Fermit for outdoor storage as submitted, based on a finding that the proposal meets the requirements of the Zoning Ordinance. 2. Motion to recommend denial of the Conditional Use Permit for outdoor storage, based on a finding that the use cannot be constructed in a way that will avoid negative impacts to the adjoining property. STAFF RECOMMENDATION Staff recommends approval of the CUP under the finding listed above. The requirements of the zoning ordinance for this use are met with the site plan and landscaping plan as designed. SUPPORTING DATA A. Title Sheet B. Removal Flan C. Grading, Drainage anal Erosion Control Plan D. SWPPP Notes E. Sanitary Sewer and Watermain Plan F. Landscape Plan 2 W ~~ .~ H~(~ W W yJ Z Z~ ~ Z ~Wt7 m OZ wzz }> F ~N~ ~ 3 3 ~ IpO.~. 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