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Planning Commission Minutes - 09/03/2024MINUTES REGULAR MEETING — PLANNING COMMISSION Tuesday, September 3, 2024 — 6:00 p.m. Mississippi Room, Monticello Community Center Commissioners Present: Chair Paul Konsor, Vice Chair Andrew Tapper, Teri Lehner, Melissa Robeck, Commissioners Absent: Rob Stark Council Liaison: Councilmember Charlotte Gabler Staff: Angela Schumann, Steve Grittman, Ron Hackenmueller 1. General Business A. Call to Order Chair Paul Konsor called the regular meeting of the Monticello Planning Commission to order at 6:00 p.m. B. Roll Call Paul Konsor called the role, with all commissioners present except for Commissioner Rob Stark. C. Consideration of Additional Agenda Items None D. Approval of Agenda ANDREW TAPPER MOVED TO APPROVE THE SEPTEMBER 3, 2024 REGULAR PLANNING COMMISSION MEETING AGENDA. TERI LEHNER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY, 4-0. E. Approval of Meeting Minutes • Regular Meeting Minutes - June 4, 2024 ANDREW TAPPER MOVED TO APPROVE THE JUNE 4, 2024 REGULAR MEETING MINUTES. TERI LEHNER SECONDED THE MOTION. MOTION CARRIED UNANAMIOUSLY, 4-0. • Regular Meeting Minutes - August 6, 2024 Community Development Director Angela Schumann stated that the meeting minutes of August 6, 2024 are not yet available. PAUL KONSOR MOVED TO TABLE THE AUGUST 6, 2024 MINUTES. ANDREW TAPPER SECONDED THE MOTION. MOTION CARRIED UNANMIOUSLY, 4-0. F. Citizen Comment None 2. Public Hearings A. Continued Public Hearing - Consideration of a Request for Amendment to the Camping World Planned Unit Development District as related to required building materials Applicant: Camping World Community Development Director Angela Schumann stated the applicant is asking to table the request and is looking for other options for facade work. PAUL KONSOR MOVED TO TABLE UNTIL THE OCTOBER 2, 2024 MEETING. TERI LEHNER SECONDED THE MOTION. MOTION CARRIED UNANMIOUSLY, 4-0. B. Consideration of a Request for Amendment to the Conditional Use Permit for Planned Unit Development District for a Restaurant as a Principal Use and Drive -Through Services as an Accessory Use in the B-4, Regional Business District. Applicant: HAZA Foods City Planner Steve Grittman provided an overview of the proposed use, which is proposed to be located within the PUD for the shopping center with Home Depot, Target and additional uses. The property is at the corner of 7t" Street and Highland Way. The applicants are proposing a quick service restaurant with a drive-thru and interior sit down capabilities. Steve Grittman stated that traffic would enter the site from the north on the internal private street, then travel in a one-way counterclockwise loop to a drive- thru location, and back to the interior roadway that accesses Highland Way. He stated that there are a few parking spaces for pre -orders with in -person delivery, with angled parking for customers. The code requires 8 stacking spaces for a drive-thru and there are easily 8 stack spaces, and the applicant has shown additional spaces if the drive-thru was busy. There may be instances where customers need to wait for a gap to back out of the angled parking spots. Staff does not expect spillover of traffic onto the roadway with the site design. The applicants have provided a parking calculation which is met. The site can accommodate more parking as needed. Steve Gritman noted that the site design provides for substantial setbacks for the building development. He suggested that if the development pad were shifted one way or the other, it could open up additional development opportunities, 2 although this is not required. He also noted that the landscaping plan meets the code, although staff have suggested more information on how the open spaces would be treated and if there could be more interesting landscaping. Steve Grittman concluded that there were very few planning and zoning issues raised by this case, and the primary concern with any drive-thru is circulation. Steve Grittman reviewed the Exhibit Z Conditions of Approval. He stated that the plans are required to be updated to include building elevations and building materials, including for the attached building area to the south of the principal structure. The walk-in building area is required to meet the zoning ordinance for commercial building standards, in materials similar to the main portion of the building. Exterior mechanical and related components (particularly on the south side of the building) to match the base wall material colors. Staff has requested more details to verify that the walk in cooler that faces 7tn Street will meet code requirements. Staff has asked the applicant for details on paint color and materials to meet the intent of the PUD and its prominent location for the site. Steve Grittman stated that in regard to Condition 2, the applicant found a location on the site suitable for the trash enclosure, yet staff is looking for more material specifics regarding the enclosure. Steve Grittman noted that regarding parking the applicant is required to provide schematic floor plans to verify parking demand. Regarding the landscaping plan, the applicant is required to provide a final landscaping plan that identifies materials species. The landscape plan indicates varies tree types and requires plant materials to be called out in the code requirements. Staff found no issue in terms of quantity. The landscaping plan should also be revised to add planting in the extensive turf areas on the east and west sides of the development footprint. For Condition 6, Mr. Grittman stated that signage and other components related to the project are required to meet all requirements of the Union Crossing Planned Unit Development and zoning requirements as applicable and are subject to permitting as required. Only a monument sign is allowed per the Union Crossings PUD and the applicant is aware that no pylon sign is permitted. Steve Grittman stated that the lighting plan is required to be updated to verify photometric compliance with the City's zoning regulations. Maximum pole height is 25 feet. For Condition 8, Steve Grittman stated that the project and site improvements, including landscaping, will be required to be constructed and maintained per plans provided, with incorporation of the recommendations made by the Planning Commission and the staff report. 3 Finally, he noted Condition 9, which requires compliance with the comments of the City Engineer and Building Department letters. Steve Grittman stated that approval is recommended for the application in the Union Crossing development. Paul Konsor asked if Union Crossings PUD has its own pylon. Steve Grittman confirmed and noted that other signage is regulated within the PUD under the original Union Crossings comprehensive sign plan. Paul Konsor asked about the 3D renderings for the delivery pick-up window entrance and if that is an additional entrance to the entire building or the delivery pick-up window. He expressed concerns over whether this is an additional exit during a fire or if there is only one door into the building. Steve Grittman stated that Fire Marshall would verify this to be met to code. City Building Official Ron Hackenmueller stated this would be confirmed during the official building code review for appropriate entrance and exits and thanked the Commissioner for the question. Teri Lehner asked about the crosswalk location proposed, as compared to where a majority of parking is located, which is on the other side. She asked if another crosswalk could be marked in relation to the parked cars and the stacked cars to give a greater visual for customers crossing. Paul Konsor asked about the shaded parking spaces. Steve Grittman indicated these are waiting spaces after ordering at the drive-thru window. Councilmember Gabler asked if customers need to use the private street to reach Highland Way. Steve Grittman confirmed. Andrew Tapper asked about the signage plan in relation to the layout of the store. He noted the building faces the Marshalls and the parking lot and without the pylon sign or street signage, the signage proposed may not be in the ideal location. Steve Grittman stated they are entitled to have a monument sign on the site per the PUD. They have not identified the site yet, and that there will be directional signage as well. Paul Konsor opened the public hearing portion of the agenda item. Krystal Bloch site engineer for the applicant, addressed the Commission. She indicated that they could adjust the exterior of the building as required to meet the conditions. She stated she was available for other questions of the Commission. Paul Konsor asked for clarification on the walk-up delivery window. Krystal Bloch stated that she is not sure if that is an exit to the entire interior of the building, or only an accessible for walk-up traffic. Paul Konsor closed the public hearing portion of the agenda item. 11 PAUL KONSOR MOVED TO ADOPT PC -RESOLUTION 2024-37 RECOMMENDING APPROVAL OF AN AMENDMENT TO CONDITIONAL USE PERMIT FOR PLANNED UNIT DEVELOPMENT FOR RESTAURANT WITH DRIVE-THRU FACILITIES BASED ON FINDINGS IN SAID RESOLUTION AND SUBJECT TO THE CONDITIONS OF EXHIBIT Z. TERI LEHNER SECONDED THE MOTION. MOTION CARRIED UNANMIOUSLY, 4-0. Angela Schumann stated that this item will go onto the September 23, 2024 City Council Meeting on the consent agenda. C. Consideration of an Amendment to the Monticello City Code, Title XV: Land Usage, Chapter 153: Zoning Ordinance, Section 153.124 — Enforcement Applicant: City of Monticello Angela Schumann addressed the Commission on the item, indicating that proposed ordinance relates to the enforcement of the zoning ordinance. Staff is proposing changes to help with efficiency of contacting property owners and to address the process itself. She stated that the city attorney has concurred that the city does not have to deliver a notice of violation via certified mail, and regular mail is sufficient. Regular mail is at present delivered more quickly than certified mail. Angela Schumann stated that staff would like to strike "receipt of the notice" from the ordinance because without certified mail with delivery signature, the regular mail option would be documented from the date when it was sent. Angela Schumann also noted that staff is proposing language that relates to repeat offenses. The current language sets up a process where a violation would occur and a notice is sent, then another violation occurs, is cured, and then the process continues with violations in subsequent weeks on repeat. At present, there is no way for staff to move into the next step for prosecution as a misdemeanor. The proposed language addresses that concern. She noted that staff will continue to work with the property owner and have the discussion on becoming compliant. The final item proposed for amendment relates to a regularly occurring violation for parking, where there is a discrepancy in the actual code definition, which is for "small commercial vehicles". This amendment corrects the language from "small construction vehicles" to be consistent with the applicable definition for "small commercial vehicles". Teri Lehner asked if the amendment requires that the repeat violations be the same or similar in nature. Angela Schumann responded that staff is proposing flexibility such that the offenses could be similar or different violations, such as those for debris, zoning violations or parking violations. Paul Konsor asked where the Enforcement ordinance falls in relationship to planning and zoning and the Commission's role. l,1 Angela Schumann answered that the Planning Commission holds hearings in regard to any zoning amendment. This code section proposed for amendment is from the Enforcement portion of the zoning ordinance. She explained that this section of code provides the City with authority to enforce the balance of the zoning ordinance. Paul Konsor asked for clarification on the proposed amendment to Table 4-9. Angela Schumann stated that the amendment is just correcting the title as it conflicts with the definitions currently. Commissioner Gabler asked if this is related to the three strikes rule with rental licensing. Angela Schumann indicated that they are not directly related, but certain violations of the zoning ordinance may constitute a strike under the rental licensing ordinance. The owner of the rental property is given the opportunity to correct the issue. The purpose of both is to maintain the quality of the neighborhoods and prescribe a process for dealing with public nuisance. Paul Konsor asked about the process regarding notification to both the renters and the property owner. Ron Hackenmueller stated that the notice of violation is sent both to the owner of the property and the renter. Angela Schumann stated the property owner is the one responsible in the end. Paul Konsor opened the public hearing portion of the agenda item. Paul Konsor closed the public hearing portion of the agenda item. PAUL KONSOR MOVED TO ADOPT RESOLUTION NO. PC-2024-38 RECOMMENDING APPROVAL OF AN AMENDMENT TO THE MONTICELLO CITY CODE, TITLE XV: LAND USAGE, CHAPTER 153: ZONING ORDINANCE, SECTION 153.124 — ENFORCEMENT, BASED ON FINDINGS IN SAID RESOLUTION. TERI LEHNER SECONDED THE MOTION. MOTION CARRIED UNANMIOUSLY, 4-0. Angela Schumann indicated that the item will be considered on the 91h or 23rd City Council consent agenda. 3. Regular Agenda A. Consideration of a presentation by the Parks & Recreation Director regarding Monticello Tree Canopy Angela Schumann stated that there has been much work related to the tree canopy cover and introduced Park & Recreation Director Tom Pawelk to provide an overview. 6 Tom Pawelk addressed the Commission, discussing the important of the shade tree canopy and its relation to the quality of life. He also explained the recent with focus on emerald ash borer, or EAB, which has been discovered in Monticello. He stated that Monticello is proceeding with a plan to address the tree canopy, which includes a 4 parts program. It will include a canopy tree inventory, EAB management plan, tree canopy assessment, and finalizing city ordinance amendments to protect the canopy. Tom Pawelk shared Monticello's selection for the EAB ReLeaf Program Grant for $180,000, which is a three year grant. Tom Pawelk illustrated the Inventory software TreeKeeper, and the public tree inventory results. He noted that 42% are established trees, 9% are maturing trees, 6% are mature trees and that there are 88 different species in Monticello right of way and parks. He indicated that the next program steps include priority pruning, removal trees, and tree replacement. He stated that staff will continue to seek out grants and will continue to educate the public. Tom Pawelk spoke about the Tree Ordinance changes that will be sent to Community Development for review. Andrew Tapper asked about the implementation of the Tree Inventory Software. Tom Pawelk stated that the city has only had the program for a year. Melissa Robeck asked what percentage of tree canopy is along public roadways versus in neighborhoods. Tom Pawelk stated that within the right of way, 15% are Ash trees. B. Consideration to accept the 2024 Housing Workshop Summary Angela Schumann provided an overview of the Housing Workshop Summary, stating that staff is seeking acceptance of the document as an appendix to the 20023 Housing Needs and Demand Report. She stated that the City Council, EDA and Planning Commission had held a workshop earlier in the year with the goal of confirming, clarifying and considering community housing goals, policies and strategies based on identified priorities of the City. She stated that during the workshop, the attendees reviewed key takeaway(s) from 2023 Housing Needs & Market Demand Report and the 2040 Plan. The group then discussed 7 housing priorities based on 2040 Plan, the Housing Needs & Demand report, and the focus on jobs and quality of life. The Housing Summary presented outlines the Next Steps & Policy Development as identified by the attendees at the workshop. It includes prioritizing single- family housing development to meet demand as identified in the 2023 Housing Needs and Market Demand Study, identifying priority locations for owner - occupied senior housing, developing and promoting a specific set of resources for developers including TIF and other affordable housing incentives, and review EDA Business Subsidy Policy to amend as needed to strengthen living wage job goals. ANDREW TAPPER MOVED TO ACCEPT THE 2024 HOUSING SUMMARY AS AN ADDENDUM TO THE 2023 HOUSING NEEDS AND MARKET DEMAND REPORT. TERI LEHNER SECONDED THE MOTION. MOTION CARRIED UNANMIOUSLY, 4-0. 4. Other Business A. Community Development Director's Report Angela Schumann gave an update on decisions for Broadway Plaza, the PUD process amendment and the preliminary plat of Haven Ridge West. An update was given regarding cannabis ordinance development and future joint -workshops that are planned with the expiration of the moratorium on January 1, 2025. B. Adiournment Meeting adjourned at 7:57 PM. Recorded By: Tyler Bevier Date Approved: 12/3/2024 ATTEST: Angela Sch�m�gn,)Community Development Director 0