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City Council Agenda Packet 05-12-2008 SpecialAGENDA SPECIAL MEETV�' �WTY CA11TUff,1CM Monday, May 12,2008 Call to Order 2. Workshop on proposed amendment to Monticello Zoning Ordinance, Chapter 3-5 Off-street Parking Requirements as related to the regulation of the size and weight of vehicles parked in residential districts. 3. Adjourn City Council Workshop Agenda- 05/12/08 2. Consideration of a request for an amendment to.the Monticello Zonin2 Ordinance, Chaoter 3-5. Off-street ParkinLy, Reauirements. as related to the re2ulation of the size and wei2ht of vehicles varked in residential districts. Auplicant: Citv of Monticello. The City Council has requested a workshop on this item to further clarify existing and proposed ordinance language. Provided below is the information resulting from the Planning Commission meeting and ­ the Planning Commission report itself. Included in supporting data are minutes from the Planning Commission meetings on this topic. Also included are the most recent resident comment emails on this topic. City staff brought this item to the Planning Commission in order to better define the parameters for enforcement action regarding commercial vehicles in residential districts - Staff's concerns arose due to resident concerns regarding this issue. The Commission considered this item at the January and February regular meetings and discussed various methods for relating size and weight of vehicles. Based on input from the Building Department and Public Works Department, an option was provided to utilize MnDOT Validation Stickers (Exhibit E) as a measure for limiting the weights of commercial vehicles in residential areas. In March, the Commission recommended that no vehicles in excess of an "F" sticker rating be permitted in residential areas. Draft ordinance language has been prepared accordingly, and is attached for review as Exhibit D. Staff has also edited the existing code language to refer to "vehicles" rather than "automobiles", where applicable. Due to recent concerns expressed by residents with parking of commercial vehicles in residential areas, staff has requested that the City consider an ordinance amendment to clarify regulations on commercial vehicle parking in residential areas throughout the City. Specifically, potential ordinance amendments may establish restrictions on the weight and dimensions of commercial vehicles allowed to park in residential neighborhoods, while not excluding emergency response vehicles. ANALYSIS The current Zoning Ordinance language related to off-street parking states, Of .f-streetparkingfacilities accessory to residential use may be utilized solely for the parking of licensed and operable passenger automobiles, no more than one (1) truck not to exceed gross capacity of nine thousand (9, 000) pounds, and recreational vehicle and equipment. Not more than one recreational vehicle or trailer may be parked in a residential driveway at one time. Any additional recreational vehicles or trailers must be parked behind the front building line of the principle structure. For purposes of this ordinance, recreational vehicles shall include snowmobiles, A TVs, campers, trailers, motorhomes, boats, and the like. Under no circumstances shall required parking facilities accessory to residential structures be used for the storage of commercial vehicles or equipment or for the parking of automobiles belonging to the employees, owners, tenants, or customers of business or manufacturing establishments. It has recently come to the attention of staff that the above ordinance language may not be effective in regulating the parking of certain commercial vehicles, and the City has received reports of such vehicles parked in residential neighborhoods throughout the City. As such, staff has been directed to research potential amendments employing more specific parking restrictions. Staff has prepared a number of options for consideration, ranging from specifying vehicle types to regulating by size. Weight. One option for placing further restrictions on commercial vehicle parking is to regulate on the weight of the vehicle specifically. The existing ordinance allows vehicles up to 9,000 pounds to be parked in residential off-street parking facilities. However, staff performed a code search of neighboring communities (attached as Exhibit A), and found that the majority of these cities permit vehicles up to 12,000 pounds. This may be due to the increasing size non- commercial trucks and SUVs which exceed the 9,000 pound limit. Therefore, staff recommends an amendment to Section 3-2 [N] 4 regarding exterior storage and Section 3-5 [D] 7 regarding off-street parking to allow vehicles up to 12,000 pounds as opposed to current 9,000 pound limitation. While an amendment of this nature may be less -restrictive than the existing language, it is not out of character with the intent of the ordinance and would reduce the number of ordinance violations. Dimensions. While the above amendment may allow for a wider array of vehicles to be parked in residential areas, this may be mitigated by also regulating the actual dimensions of vehicles. Regulating vehicles by dimension may also ease enforcement because, as stated above, the City may currently have vehicles on City streets that exceed the existing weight restrictions. Some cities do regulate parking in residential areas by physical size of vehicles. Doing so may preclude most semi -cabs, and extraordinarily large commercial vehicles, but would permit vehicles that are consistent with residential -style passenger vehicles and smaller commercial vans and trucks. The city could exclude recreational vehicles from this prohibition if desired. Staff has researched dimensions of various commercial vehicles, and said research may be found attached as Exhibit B. Based on this research, the most appropriate dimensional restriction may be to prohibit vehicles that are larger than 7 feet in height, 8 feet in width, and 25 feet in length. These dimensions will allow for parking of various size pick-up trucks, while precluding most semi -cabs and larger commercial vehicles. These dimensions would also permit vehicles that are consistent with residential -style passenger vehicles and smaller commercial vans and trucks. Any vehicle larger than the chosen threshold would be required to be kept within a garage, or stored at a location that is appropriately zoned for such use. For ease of enforcement, a dimensional standard may be most appropriate, as measuring vehicle dimensions is more feasible than actually weighing vehicles. Regulating vehicles by size in this manner would require an amendment to Section 3-5 [D]. Exceptions for "emergency response" vehicles. In dealing with the issue of commercial vehicle parking in residential areas in the past, concerns have been raised on the potential of precluding emergency response vehicles from parking in residential areas. This issue may again require special consideration as this item is addressed. The City may need to include the most obvious "emergency" vehicles such ambulances and any additional vehicles that meet a specific definition. As such, one method of enforcement may be to define "emergency response" vehicles. Said definition may include: (a) Ambulance, (b) Police and Sheriff, (c) Fire, (d) Emergency tow vehicles. An exception such as this may be incorporated as an amendment to Section 3-5 [D]. Based on recent concerns with parking in residential areas throughout the City, it appears as though amendments to the Zoning Ordinance may be necessary to further restrict commercial vehicle parking in such areas. Staff has presented a number of options for amending the ordinance accordingly, and draft ordinance language may be prepared at the direction of the City. A. Vehicle Dimensions B. Matrix of Neighboring Community Commercial Vehicles Sizes C. Draft Amendment Language- Vehicle Weight D. Draft Amendment Language- Vehicle Dimensions E. MnDOT Validation Stickers F. Planning Commission Minutes- January — March G. Resident Concerns Emails NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231,2555 Facsimile: 763,231.2561 plan nersCo)nacpla nning. com B010-11"WIffil-Tv TO: Angela Schumann Z -n FROM: Kimberly Holien DATE: January 28, 2008 RE: Monticello- Vehicle Dimensions In regard to the potential ordinance amendment placing farther restrictions on vehicle parking in residential areas in the City of Monticello, I have gathered data on dimensions of various large vehicles. The findings of said research are as follows: Pickup. The largest passenger pickup truck found is an F650 crew cab. The dimensions of said vehicle are as follows: Length: 281 inches (23.4 feet) Width: 97 inches (8.08 feet) Height: 88.3 inches (7.36 feet) Weight: 22,000-26,000 pounds Other large pickups that may be more common for passenger vehicle use are as follows: F350 HD Crew Cab: Length: 258.7 inches (21.56 feet) Width: 95.9 inches (8 feet) Height: 76.1 inches (6.34 feet) Weight: 10,100-13,000 pounds F450 Crew Cab: Length: C� 262.4 inches (21.84 feet) Width: 95.5 inches (7.96 feet) Height: N/A Weight: up to 16,000 pounds F21 5 0 : Weight: 8,800-10,000 pounds Dump Truck. A range of potential dump truck dimensions is as follows: Length: 19- 24.5 feet Width: 8.5-9.5 feet Height: 14-22 feet Weight: 18,000-64,000 pounds School Bus. While school buses may vary greatly in size, a range of potential dimensions is as follows: Small Bus (10-20 passengers): Length: 231 inches (19.25 feet) Width: 86.5 inches (7.21 feet) Height: 105 inches (8.75 feet) Weight: 9,600 pounds Small Bus (20-30 passengers): Length: 266 inches (22.17 feet) Width: 96 inches (8 feet) Height: 120 inches (10 feet) Weight: 14,050 pounds Large Bus (up to 90 passengers): Length: 289-471 inches (24.08-34.75 feet) Width: up to 96 inches (8 feet) Height: 124-127 inches (10,33-10.58 feet) Weight: up to 36,200 pounds Tractor Trailer Cab. A wide range of sizes is available for this type of vehicle as well. However, dimensions of a typical cab are as follows: International 9900: Length: 119-130 inches (9.92-10.83 feet) Width: 92 inches (7,67 feet) Height: N/A Weight: 52,000-60,000 pounds Semi -trailer. A range of potential serni-trailer dimensions is as follows: Z=� Length: 45-53 feet Width: 96-102 inches (8-8.5 feet) Height: 13.5 feet (standard) Cutaway Van. A range of potential dimensions for cutaway vans is as follows Length: 15-18 feet Width: 96 inches (8 feet) Height: 84- 90 inches (7-7.5 feet) Weight: 11,500-14,050 pounds aV wow— Straight Truck. A range of potential dimensions for said vehicle is as toiiows: Length: 24-26 feet Width: 102 inches (8.5 feet) Height: 102-108 inches (8.5-9 feet) Weight: 25,500-25,950 pounds Walk- In Van. A range of potential dimensions for said vehicle is as follows: Length: 16-18 feet Width: 86.5-93.5 inches (7.21-7.79 feet) Height: 81-85 inches (6.75-7.08 feet) Weight: 10,000-19,000 pounds I Code Language Off-street parking facilitiesaccessory to residential use may beutilized solely for the parking uflicensed and operable pasmanger ouiomobi|ea, numore than one (1) truck not toexceed gross capacity ofnine thousand /9.OU0pounds, and recreational vehicle and equipment. Not more than one recreational vehicle ortrailer may boparked ina residential driveway otone time. Any additional recreational vehicles o[trailers must beparked behind the front building line ofthe principle structure. For purposes nfthis ordinance, recreational vehicles shall include snowmobiles, ATVo.campers, trailers, mo(o/homes.boats, and the like, Under no circumstances shall required parking facilities accessory horesidential structures beused for the storage ofcommercial vehicles or equipment orfor the parking ofautomobiles belonging hzthe employees, owners, tenants, orcustomers ofbusiness or manufacturing establishments. On and off-street parking facilities accessory to residential use shall beutilized solely for the parking oflicensed and operable passenger automobiles; nomore than one truck not to exceed gross capacity of12,00 pounds; and recreational vehicles and equipment, Under nocircumstances shall required parking facilities accessory ho residential structures beused for the storage ofcommercial vehicles orequipment nrfor the parking u[automobiles belonging to the employees, owners, tenants nrcustomers of business ormanufacturing establishments, Off-street parking facilities accessory to residential use shall beutilized solely for the parking oflicensed and operable passenger automobiles; nomore than one (1) commercial vehicle, not toexceed gross vehicle weight rating (GVVVIRN)oftwelve thousand (12,000) pounds; and recreational vehicles and equipment, Under no circumstances shall parking facilities accessory toresidential structures beused for the storage ofcommercial vehicles, semi trailers, orequipment orfor the parking of automobiles belonging tothe employees, owners, tenants, orcustomers o[business or manufacturing establishments not m resident all the residential site. Residential parking use. Off-street parking None facilities necessary toresidential use shall be utilized solely for the parking o[licensed and operable passenger automobiles; nomore than one truck not bexceed gross capacity n[12.O0Opounds; and recreational vehicles and equipment. Under nocircumstances shall required parking facilities accessory |n residential structures baused for the storage ofcommercial vehicles orequipment Orfor the parking ofautomobiles belonging buthe employees, owners, tenants, orcustomers o( business ormanufacturing establishments. Parking inresidential areas /off-stmetand on -street) shall be limited to the use of the residents ofthose homes, Except for short term parking (six (8)hours o,less) and guest parking, the number ofvehicles parked onor infront oforesidential lot shall not exceed double the number ofpersons residing on the premises and having automobile driver's licenses. Use ofparking facilities accessory b NOOG residential use, Off-street parking facilities accessory bmresidential use shall beutilized solely for the parking nflicensed and operable passenger automobiles, numore than one truck not bnexceed gross capacity nf12.00Opounds, and recreational vehicles and equipment. Under nocircumstances shall required parking facilities accessory W residential structures beused for the storage ofcommercial vehicles orequipment orfor the parking ofautomobiles belonging hnthe employees, owners, tenants, orcustomers nf business ormanufacturing establishments. ORDINANCE NO. CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING EXTERIOR STORAGE AND OFF-STREET PARKING REQUIREMENTS THE CITY COUNCIL OF THE CITY OF MONTICELLO, MINNESOTA, ORDAINS: SECTION 1. Section 3-2 [N] 4 shall be amended to read as follows: EXTERIOR STORAGE: All materials and equipment except as provided for in Chapters 5 through 19 of this ordinance shall be stored within a building or fully screened so as not to be visible from adjoining properties except for the following: 1. Clothes line pole and wire. 2. Recreational equipment and vehicles. 3. Construction and landscaping material currently being used on the premises. 4. Off-street parking of passenger vehicles and trucks not exceeding a gross capacity of thousand (9,000) twelve thousand (12,000) pounds in residential areas. 5. Propane tanks, fuel oil tanks, and other similar residential heating fuel storage tanks which do not exceed 1,000 gallons in capacity and shall not be located within five (5) feet of any property line. 6. Wood piles in which wood is stored for fuel provided that not more than 10 cords shall be stored on any property. A cord shall be 4'x4'x8'. All wood piles shall be five (5) feet or more from the rear and side yard property lines and shall be stored behind the appropriate setback line in front yards. 7. Solar heating systems. SECTION 2. Section 3-5 [D] 7 shall be amended to read as follows: 7. Off-street parking facilities accessory to residential use may be utilized solely for the parking of licensed and operable passenger automobiles vehicles, no more than one (1) truck not to exceed gross capacity of nine thousand (9,000) twelve thousand (12,000) pounds, and recreational vehicle and equipment. Under no circumstances shall required parking facilities accessory to residential structures be used for the storage of commercial vehicles or equipment or for the parking of automebiles.vehicles belonging to the employees, owners, tenants, or customers of business or manufacturing establishments who are not a resident at a residential site. Iffl-18-11 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA THE CITY COUNCIL OF THE CITY OF MONTICELLO, MINNESOTA, ORDAINS: SECTION 2. Section 3-5 [D] shall be amended with the creation of subsections 8 and 9, to read as follows: 8. In areas zoned for residential ourposes, with the exceDtion of recreational vehicles and emeraencv vehicles, on -street or off-street -oarkin2 of commercial or Dassen2er vehicles licensed with a gross vehicle weight (GVW) decal letter code of "G" or treater shall be prohibited. Emergency vehicles are those defined in Section 3-5 FD1 9 of this ordinance. 9. EMERGENCY VEHICLE: The term "emeraencv vehicle," for the Pumose of evaluatim4 vehicles which may be -oarked in residential areas, shall include ambulances. -police and sheriff's deDartment vehicles, fire protection vehicles, tow vehicles and other law enforcement vehicles. Gross Weight - Decal letter code indicates the registered GVW of the vehicle. Decal is affixed on the right side middle of the license plate. Decals range from "A" (1,500 GVW) through "6T" (81,000 GVW always using 6 axles). Weights in excess of 81,000 GVW require an "X" decal and special permits. Decal color is blue letters on a silver background. These are permanent stickers which must be displayed with a gross weight validation sticker. Month Sticker - Decal affixed to the lower left comer of plates displayed on passenger class vehicles indicating the month of expiration. Renewal registration must be displayed by Midnight of the tenth (10th) day of the month following the expiration month shown. COLOR and EXPIRATION MONTH STICKER Silver Characters on Blue Background Permanent Year Validation Sticker - Decal affixed to the lower right comer of license plates indicating year of expiration. Color code shown at right repeats at 5 year intervals. Single stickers issued to single plate vehicles. International Fuel Tax (IFTA) Fuel Decal - Decal is issued to the owners of vehicles which are proportionally registered and licensed for interstate trucking. The fuel decal is affixed to the left and/or right of the cab. Operators must also carry an IFTA cab card. The cab card will indicate the states the vehicle may operate within (see IFTA permit ). Sample INTERNATIONAL FUEL TAX (IFTA) FUEL DECAL CHARACTERS BACKGROUND EXPIRATION White Blue 1997 White Magenta 1998 White Green. 1999 White Red 2000 1 White Gold 2001 International Registration Plan (IRP) Registration Stickers - The decals will appear on vehicles which are proportionally registered and licensed for interstate trucking. The validation sticker is affixed to the lower right hand comer of the license plate. Operators must also carry a cab card which will indicate the states the vehicle has the authority to operate within. COLOR and EXPIRATION INTERNATIONAL REGISTRATION PLAN (IRP) REGISTRATION STICKERS CHARACTERS BACKGROUND EXPIRATION Black Gold 1997 1 White Blue 1998 White Magenta 1999' X4,14 01��i' F 9 U 124 Planning Commission Minutes — 01/02/08 Charlie Pfeffer addressed the Commission representing Ocello, LLC. Pfeffer stated that this provision would affect some of their property on Chelsea, adjacent to Groveland. He inquired whether this ordinance would require reconstruction of their existing berm. Grittman stated that the City wouldn't anticipate reconstructing any existing berm. Hearing no further comment, Chairman Dragsten closed the public hearing. Spartz stated that for the most part, the amendment looks good. He indicated that he did have some concerns about topography. Dragsten stated that he would assume that the engineers will look at that when they review the site. MOTION BY COMMISSIONER VOIGHT TO RECOMMEND APPROVAL OF THE AMENDMENT TO SECTION 3-5 [D] 9 WITH THE CREATION OF SECTION (T) AS PREPARED, BASED ON A FINDING THAT THE PROPOSED AMENDMENT IS NECESSARY TO ASSIST IN PROTECTING THE HEALTH, SAFETY, AND WELFARE OF THE CITY. llillini , I � 1 i 0 0 IFFIRIE111,11 I Ill lrotiv�l 8. Public Hearim4 - Consideration of a request for Amendment to the Monticello Zoning Ordinance, Chanter 3-5, Off -Street ParkinQ Requirements, as related to the regulation of the size and weight of vehicles parked in residential districts. AD-olicant: Citv of Monticello Planner Holien presented the staff report, noting that due to recent concerns with parking of commercial vehicles in residential areas, the City has requested an ordinance amendment to increase regulations on commercial vehicle parking in residential areas throughout the City. The potential ordinance amendments would establish restrictions on the weight and dimensions of commercial vehicles allowed to park in residential neighborhoods. Holien indicated that the current ordinance language states that off-street parking facilities accessory to residential use may be utilized solely for the parking of licensed and operable passenger automobiles. The ordinance goes on to state that no more than one truck not to exceed gross capacity of nine thousand pounds, and recreational vehicle and equipment may be parked in a residential driveway at one time. Holien stated that any additional recreational vehicles or trailers must be parked behind the front building line of the principle structure. Recreational vehicles include snowmobiles, ATV's, campers, trailers, motorhomes, boats, and the like. Holien indicated that the ordinance clearly states that under no circumstances shall required parking facilities accessory to residential structures be used for the storage of commercial vehicles or equipment or for the parking of automobiles belonging to the employees, owners, tenants, or customers of business or manufacturing establishments. However, Holien stated that it has recently come to the attention of staff that the current ordinance language may not be effective in regulating the parking of certain commercial vehicles. The City has received reports of such vehicles parked in residential neighborhoods throughout the City. As such, staff has researched potential amendments employing more specific parking restrictions. Holien explained that one option for placing further restrictions on commercial vehicle parking is to regulate on the size of the vehicle specifically. The existing ordinance allows vehicles up to 9,000 pounds to be parked in residential off-street parking facilities. However, staff performed a code search of neighboring communities and found that the majority of these cities permit 11 Planning Commission Minutes — 01/02/08 vehicles up to 12,000 pounds. This may be due to the increasing size non-commercial trucks and SUV's which exceed the 9,000 pound limit. In this regard, Holien stated that staff recommends an amendment to allow vehicles up to 12,000 pounds as opposed to current 9,000 pound limitation. While an amendment of this nature may be less -restrictive than the existing language, it is not out of character with the intent of the ordinance and would reduce the number of potential ordinance violations. Holien stated that while such an amendment may allow for a wider array of vehicles to be parked in residential areas, this could be offset by also regulating the actual dimensions of vehicles. Some cities do regulate parking in residential areas by physical size of vehicles. Doing so may preclude most semi -cabs, and extraordinarily large commercial vehicles, but would permit vehicles that are consistent with residential -style passenger vehicles and smaller commercial vans and trucks. The City could exclude recreational vehicles from this prohibition if desired. Holien indicated that based on research of the dimensions of various commercial vehicles, the most appropriate dimensional restriction may be to prohibit vehicles that are larger than 7 feet in height, 8 feet in width, and 25 feet in length. These dimensions will allow for parking of various size pick-up trucks, while precluding most semi -cabs and larger commercial vehicles. Dove trucks, most cutaway vans, straight trucks and other commercial vehicles. Holien stated that under the proposed ordinance, any vehicle larger than the chosen threshold would be required to be kept within a garage, or stored at a location that is appropriately zoned for such use. Another item to consider is the issue of "emergency response" vehicles. In dealing with the issue of commercial vehicle parking in residential areas in the past, concerns have been raised on the potential of precluding emergency response vehicles from parking in residential areas. This issue may again require special consideration as this item is addressed. The City may need to include the most obvious "emergency" vehicles such ambulances and any additional vehicles that meet a specific definition. As such, one method of enforcement may be to define "emergency response" vehicles. Based on recent concerns with parking in residential areas throughout the City, it appears as though amendments may be necessary. Holien stated that the information presented is for the Commission's review and discussion in directing the development of draft ordinance language. She noted that with any amendment to this ordinance provision, a public awareness effort should be undertaken to inform citizens of the change and to provide residents with information on other options for storage of their commercial vehicles. Voight inquired about dimensions for the types of vehicles shown in the exhibits. Holien noted that there may be some that do slip in under the noted dimensions. Voight asked if the height of vehicles is measured to the top. Grittman stated that the ordinance would be measured against highest point of any vehicle. Voight asked if Holien had reviewed the weight of every vehicle against the dimensions. Holien noted that she did not, as weights vary so greatly. Voight noted that two trucks might have the same dimensions, but the weight could vary. Voight stated that it seems that the current language seems similar to other cities and that the current ordinance seems very clear already. Hilgart asked if the amendment is really necessary and was uncertain about measurements and application of the ordinance. Hilgart gave an example, asking what would happen if someone worked for Joe's Plumbing and had a work vehicle they brought home. Grittman clarified that if you are Joe, you couldn't have one of your employee's trucks parked at your property; you can only park them if 12 Planning Commission Minutes — 01/02/08 they are your personal vehicle and meet the dimension and weight limits. Voight noted that Big Lake's ordinance specifies "not a resident at residential site", which seems to address Hilgart's concern. Voight requested that this language be added. Voight noted that concerns and complaints are most likely not related to weight. Grittman stated that he believes that there are some of the larger pick-up trucks that do exceed the 9,000 pounds. As such, it was felt that 12,000 pounds was about the right number. Public Works did express concern about not having any weight limit, because there is wear and tear on streets, as they are not designed to handle large volumes of commercial traffic. Grittman explained that the other part of this is that rather than trying to estimate weight, the physical size is more enforceable number. It is an easier number to regulate. The size relates to the concerns of residential character and is more easily enforceable. He commented that in the end, they are just trying to eliminate those vehicles that aren't something that you drive to work everyday. Grittman stated that the number one issue is that people are driving their semi cabs home. In that regard, Spartz asked what is making the current ordinance ineffective. Grittman stated that in looking at the way the ordinance worked, it does preclude semis, but it was difficult to be able to apply to a whole other range of other commercial vel-Acles. It was felt we should make the code more enforceable. Spartz inquired how many vehicles this amendment would affect. Grittman stated that he did not know; probably a handful. Dragsten asked if the current ordinance provides an ability to enforce keeping semi cabs out of residential areas. Grittman stated that there has been difficulty. Gabler asked how a tow truck is considered an emergency vehicle. Grittman stated that discussion was part of creating a definition for emergency response vehicles. Grittman stated that this ordinance is intended to address all parking in residential driveways, both on and off street. The goal is to make it understandable and enforceable and be able to apply it across the board. Grittman stated that at this point, staff are looking for direction from the Commission in order to craft an amendment. Chairman Dragsten opened the public hearing. Deimis Sullivan, 1201 Golf Course Road, addressed the Commission. Sullivan stated that lie has a neighbor who parks his semi truck at his residential property. He stated that his issue is not what is defined as a truck, but enforcing the current ordinance. Sullivan stated that he can see no reason why a deputy can't put a ticket on the vehicle. Dragsten and Grittman confirmed it is a problem. Dragsten requested that enforcement action be taken care of in the morning by the Building Department. Hearing no further comment, Chairman Dragsten closed the public hearing. Dragsten asked if existing companies, such as Ritze Trucking, are exempt. Grittman stated that it depends on the nature of the use. If it is a residential use, this ordinance is effective at the time of adoption; you are not grandfathered in. If the use is a legal non -conforming use, then they are grandfathered in as a commercial use. However, they can't intensify their use. Dragsten stated that the 12,000 pound amendment seems common sense change, but that he does have some concern about regulating size. 13 Planning Commission Minutes — 01/02/08 Voight stated that he doesn't know how to make it easier, but the size restriction needs to be included. He noted that this can be a safety issue. Voight stated that he would like to see the weights of some of the vehicles included in the dimensional exhibits. It might be easier to compare. Dragsten and Spartz agreed. Grittman stated that weights could be brought to next meeting for further clarification. Spartz stated that in light of Building Official Anderson not being able to be present, he would also like more information on enforcement. Dragsten noted that the Commission doesn't want motorhomes excluded at this time. Hilgart disagreed, stating that he isn't sure what the difference is between looking at a large recreational vehicle versus commercial. Grittman stated that staff would prefer to get commercial vehicles out of the way and then deal with recreational. Dragsten noted that Voight's earlier comment on language clarification should be included in whatever came back to the Commission. MOTION BY COMMISSIONER VOIGHT TO CONTINUE THE PUBLIC HEARING AND COMPLETE FURTHER STUDY ON A POSSIBLE AMENDMENT TO THE MONTICELLO ZONING ORDINANCE AS RELATED TO OFF-STREET PARKING MOTION SECONDED BY COMMISSIONER SPARTZ. MOTION CARRIED, 5-0. 9. Consideration to review a request for extension of a Conditional Use Pen -nit for a Concept Staiae Planned Unit Development for Kiellbera Estates. a 372 unit mixed -residential development. Applicant: Ocello, LLC Community Development Coordinator Schumann presented the staff report for the request, stating that on September 6fl', 2005, the Planning Commission reviewed and recommended approval of a concept stage planned unit development request for the proposed Kjellberg Estates project, submitted by Ocello, LLC. The City Council approved the concept stage PUD on September 12t", 2005. Schumann reported that the Concept Stage PUD approved for the Kjellberg Estates project is a 372 -unit mixed residential development project adjacent to the Kjellberg West homes property and the Jefferson Commons commercial district. The project is proposed to consist of both single-family uses and a mix of townhome styles. The Planning Commission and City Council's approval of the request was conditioned on a number of items, which were required to be addressed with any development stage application. Schumann stated that due to non-use, the conditional use permit for PUD would have expired on September 12`h, 2006. The Monticello Zoning Ordinance requires that conditional use permits expire due to non-use after one year. The Planning Commission requested that staff notify applicants of their expiration and offer a one-time opportunity to seek an extension. Schumann noted that the extension letter sent by the applicant does not reference a specific timeline for the extension period, but rather references the market conditions as a factor in a development timeline. Schumann commented that in considering the request for extension, Commission should consider the surrounding land use context of the proposed plan, and the objectives outlined within the draft comprehensive plan. The plan proposed in 2005 may no longer meet the objectives of the City. 14 Planning Commission Minutes — 02/06/08 1. Future development of Parcel A shall require fall Conditional Use Permit review to ensure compliance with the proposed CUP for shared access. 2. The applicant shall provide a six-foot drainage and utility easement along the interior property lines of both parcels. 3. The restoration of any private facilities disrupted due to work within the drainage and utility easement shall be at the expense of the property owner. 4. The applicant shall provide a shared access and maintenance agreement and record it against all subject properties. 5. The Subdivision and all necessary easements shall be recorded with the Wright County Recorder's Office within 100 days of approval. MOTION SECONDED BY COMMISSIONER HILGART. MOTION CARRIED, 5-0. 8. Consideration of a reouest for Amendment to the Monticello Zoninia Ordinance, Chanter 3-5, Off Street Parking Reauirements, as related to the reLyulation of the size and weight of vehicles parked in residential districts. ADi)hcant: Citv of Monticello Holien provided the staff report for the request, stating that the item had previously been considered at the January meeting, at which time the Commission directed staff to prepare more research. Staff had prepared an exhibit regarding length, width and height. That exhibit has been amended to include width. Additionally, the staff report has been amended to include information from Public Works and the City Engineer, who noted that allowing 12,000 pound gross vehicle weight may create a situation of quicker degradation for Monticello roadways. She noted that consumer vehicles may already exceed that limit. Holien explained that in working on a revised report for the Commission, Building and Public Works staff recommended looking at a license plate regulation. Currently, vehicles of 9,000 pounds or more are required to have a State license sticker with the letter "E", while 12,000 pound vehicles have an "IF" sticker. The letters increase as the weight gets higher. Holien stated that the letter may also help with ease of enforcement. She commented that Commission may feel inclined to just include license plate regulation in lieu of weight. Holien stated that in terms of emergency response vehicles, if the Commission would like to make an exception for those types of vehicles, they would still need to meet parking location requirements. Holien reported that Chief Building Official Anderson would not like to see vehicles in excess of 22' long. Gabler asked if the Building Department has a width and height limitation they would like to see. Holien stated that Anderson has only noted length requirement. DJ Hennessey spoke to the Commission on behalf of the Building Department. Hennessey stated that Anderson had mentioned length as a personal concern. He noted that when regulating widths, it would start getting into personal vehicles violation. Heights are something the Building Department would need to look into, to make sure the regulations don't cut into personal vehicles. Dragsten commented that in trying to keep track, it would be nice to have simpler regulation. Hennessey agreed, noting difficulties with measurements and vehicle weight capacity. He stated that 7 Planning Commission Minutes — 02/06/08 is why the Building Department had suggested the idea of regulating by license plates. As commercial vehicles have to register with State, the sticker is a uniform requirement. It is also the easiest to review for violation without encroaching on personal property. Dragsten stated that in looking through the materials, it seems like it is more complicated than it needs to be, that perhaps the sticker may be the easiest to understand and regulate. Dragsten asked who enforces this ordinance. Hennessey responded that it is the Building Department. He also noted that the City's current administrative fee ordinance does not include the ability to fine for these types of violations. Wojchouski asked what is parking defined as. Holien stated that parking would be determined as stationary, in other words, stopped is parked. Wojchosuki asked how these regulations could impact someone who is using a U -haul to move. Holien stated that they wouldn't be able to leave it parked for a long period of time. Voight stated that there would need to be some common sense in the application of the ordinance. Hennessey stated that regulation would also be determined by the intent to store the vehicle, rather than an incidental or transitory use. Dragsten clarified that it would be regulated if it were a chronic problem. Holien noted that there are also other locations available for parking of commercial vehicles. City staff have been working to provide information on this. Dragsten stated that the simplest means of regulating seems to be by the letter licensing requirement. He indicated that the other issue to consider is whether emergency vehicles should be exempt. Dragsten asked if towing vehicles are currently designated as emergency vehicles. Holien stated that she doesn't believe they are included in that definition now. It has been brought up for discussion, but never formally written in. Gabler stated that she had been concerned about where tow vehicles could be parked. However, if the ordinance applies to both on and off street parking, she stated that she felt that tow trucks should be included within the definition of emergency vehicles. Hilgart indicated that he had some concern about this regulation, as the large recreational vehicles are as much of a problem. Schumann responded that staff would prefer to deal with commercial vehicle regulation first, and then if the Commission chooses, call for a separate hearing on recreational vehicles. Hennessey also noted that the off street parking ordinance requires that only one recreational vehicle may be parked in a driveway. Spartz asked if RVs have a similar licensing structure through the State. Holien stated that she was unsure. Hennessey commented that he believes that RVs have a separate licensing system. Hilgart noted that changing the regulation to 12,000 pounds makes it cloudy for him, as there maybe personal vehicles that exceed that number, although the commercial designation seems to limit that. He noted the increasing size of passenger vehicles. Spartz stated that the intent of the amendment is to get an unsightly nuisance out of someone's yard in an easily enforceable way. However, he noted that affecting someone's livelihood is a concern for him. Gabler asked if those who get violations can appeal. Holien stated that she doesn't know if the Planning Commission Minutes — 02/06/08 administrative portion of the code has a formal appeal process. Dragsten commented that some commercial vehicles parked in residential districts also pose a safety issue; the intent is to get rid of those; especially if the City does offer somewhere else to park them. Wojchouski recommended that this information should be provided to those who receive violations. Voight stated that within the code search, Big Lake's ordinance included some language referencing that "not a resident at residential site", which he believes needs to be added into the amendment. Holien stated that could be added. Holien stated that if the Commission chooses, staff could redraft the amendment based on the license sticker requirement and bring it back in final formal for review. MOTION BY COMMISSIONER DRAGSTEN TO DIRECT THAT STAFF DRAFT AN ORDINANCE AMENDMENT REGULATING COMMERICAL VEHICLES IN RESIDENTIAL DISTRICTS BASED ON THE FOLLOWING RECOMMENDATIONS: An "IF" State license sticker, regulating 12,000 pounds, or greater Including language "not a resident at the residential site" Including tow trucks as emergency vehicles, MOTION SECONDED BY COMMISIONER SPARTZ. MOTION CARRIED, 5-0. 9. Miscellaneous. Commissioner Hilgart stated that he has been wondering about the sign issue in relationship to the Moon Motors decision. He commented that it seems that perhaps the City should eliminate the sign ordinance and evaluate each request case by case. He also noted a similar concern regarding variance requests. He stated that his point was that the ordinance is the basis for decisions. Gabler stated that she agreed with Commissioner Hilgart's concerns. The Commission had denied the Moon variance and then when appealed, the City Council overruled the Commission. She inquired what was the purpose of putting City staff through the motions of review if the outcome was pre- determined. Holien noted that the City is looking very closely at the sign ordinance and is about to embark on a complete review and codification of the zoning ordinance. Dragsten stated that the Commission looks at the sign ordinance every year, and that he believes that the Commission tries to aecornmodate new and existing businesses. He noted that the Commission did recommend amendments in the CCD and the freeway overlay district. Dragsten agreed that it is an important issue. Wojchouski responded to Hilgart's concern by referencing Moon's multiple products and the size of building as Council's rationale for granting the variance. She stated that she thought it was tastefully done in terms of the use. She suggested that perhaps the City does need to do some re -writing. Drasgten stated that he thinks the point is that the Commission denied the request because there was no hardship. Moon will have products on display in a very visible way along the interstate, which will be seen more than the sign. With all that advertising, they should have been able to stay within the ordinance. 9 Planning Commission Minutes — 03/04/08 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. Dragtsen 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. IWAT 61 I I so In IN "Lei W-I'VEW0,1112r,61. 001 V M ON 161 TV -4 M ilk I NJ: I U go] Consideration of a request for Amendment to the Monticello Zoning Ordinance, Chanter 3-5, Off -Street Parking Requirements, as related to the regulation of the size and weight of vehicles barked in residential districts. (Tabled from 2-6-08 meetine) ADDlicant: City 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 more common 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 for 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 for 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 comer. 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. 10 Planning Commission Minutes — 03/04/08 1 i 1 9. Public Hearing - Consideration of a reauest for Amendment to the Monticello Zonimu. Ordinance for the retaulation of Grading, Erosion & Sediment Control. Ap-olicant: City 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 bringing the amendment to the City Council for final review and approval, 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 pen -nit would be needed. The ordinance and better public education will help prevent such issues. Voight confirmed 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 erosion control for lots. He stated his concern would be over -regulation. Schumann stated that large scale developments still fall under their individual SWPPP and the ordinance is designed to work hand-in- hand with the City's SWPPP. 11 To: Jeff O'Neill Subject: RE: Ask a Question - Public Works (form) has been filled out on your site. ---Original Message --- From: Please Dm Not [lick Reply [malltu:suppo ce.com] Sent: Thursday, April 24» 2008 5;59 AM To: Jeff O'Neill Subject: Ask a Question - Public Works (form) has been filled out on your site. Your Site has received new information through an online form. Online Form: Ask a Question - Public Works Site URL; monticeIIomn. ice2.cmn ----------------------------- FuII Name; Complete Address: Contact Phone Number - Contact Email Address: -- Questimn or Concern /Please provide as much detail as possible.): I have a neighbor who parks a semi trailer truck in his driveway. He has done this since the Fall. I live on Hillcrest Rd which was just redone last summer. Not only is the truck loud and unpleasant to look at, but I think it may be hurting our newly redone road. How do Z know if this is acceptable? E-mail is the best way to reach me. Thanks for your time. Do Not Click Reply - This e-mail has been generated from an online form. 0 A�T� Schumann From: Please DoNot Click Reply Sent: Saturday, March 2B 2008110PM To: Angela Schumann Subject: Ask aQuestion Email Form (form)has been filled out nnyour site. Your Site has received new information through on online form, Online Form: Ask a Question Email Form Site URL: monticeIlomn.govmffice2,com ------------------------------------------------- Full Name: Complete Address; cello Contact Phone Number: I&TAISSIMEW Contact Email Address: fiISPOINOMENNEW Question or Concern /Please provide as much detail as possible.): Hello, I have questions about parking semi trucks in residential driveways. From what I hear, it's not allowed, but it also doesn't seem to be enforced. Could you give me a link to the cities ordinances on semi trucks /with and without the trailer). My neighbor keeps a semi cab in his driveway, services it on a daily basis, and the engine at idle alone shakes things in my house. We just payed for a brand new road on Hillcrest and River Street/ I think he is probably over the weight limit for this zone anyway. Tanks, eric Do Not Click Reply - This e-mail has been generated from an online form. 1