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Planning Commission Minutes 06-04-2013MINUTES MONTICELLO PLANNING COMMISSION Tuesday, June 4, 2013 - 6:00 PM Mississippi Room, Monticello Community Center Commissioners Present: Bill Spartz, Brad Fyle, Charlotte Gabler, Grant Sala Commissioners Absent: Sam Burvee Council Liaison Present: Lloyd Hilgart Staff Present: Angela Schumann, Ron Hackenmueller, Steve Grittman 1. Call to order Bill Spartz called the meeting to order at 6:00 p.m. 2. Consideration to approve Planning Commission minutes a. Regular Meeting of May 70', 2013 CHARLOTTE GABLER MOVED TO APPROVE THE MAY 7TH, 2013 MEETING MINUTES. BRAD FYLE SECONDED THE MOTION. MOTION CARRIED 4 -0. b. Special Meeting of May 215`, 2013 BRAD FYLE MOVED TO APPROVE THE MAY 21IT, 2013 MEETING MINUTES. CHARLOTTE GABLER SECONDED THE MOTION. MOTION W ::: ra0 11 3. Citizen Comments None 4. Consideration of a_Mmg items to the agenda None 5. Public Hearing - Consideration of a request for Variance from the rear yard building setback requirement for an AccessoEX Trash Enclosure. Applicant: Monticello Development Group, LLC, PIanning Case Number: 2013 — 013 Dollar Tree Store representatives requested a variance to the rear yard building setback requirement at final plan review for the retail facility planned for 9350 Cedar Street to move the trash enclosure to a more suitable location. A 10' x 20' trash enclosure had been proposed along the east (rear) elevation, approximately 20 feet from the southeast corner of the building. Modifications now proposed include: Planning Commission Minutes — 6104113 • Increasing the width of the enclosure from 10 to 15 feet to include a trash dumpster and a recycling dumpster (in a side by side configuration). The proposed enclosure would measure 15' x 19' and 6 feet in height. • Shifting the enclosure southward to improve truck accessibility and movement. • Changing the enclosure's finish materials to split face masonry block for improved endurance. The proposed modifications would result in a two foot encroachment and 4 foot setback into the 6 foot wide utility easement which exists around the site perimeter. Section 2.4(C)(4)(a) of the Zoning Ordinance states that approval of a variance may only be made upon a determination that practical difficulties will result based on a certain set of criteria. (i) The property in question cannot be put to a reasonable use if the provisions of the Ordinance are strictly applied (ii) The circumstances rendering the property unusable are unique to the property. (iii) The circumstances rendering the property unusable were not created by the owner thereof. (iv) A variance, if granted, will not alter the essential character of the locality. (v) Economic considerations alone shall not constitute a sufficient basis for a Variance if reasonable use for the property exists under the terms of the regulation. Staff summarized that the property could be used in a reasonable manner if the trash enclosure was constructed according to the previously approved plan. Staff also noted, however, that certain practical difficulties exist which would allow for consideration of the variance. The property is unique in that it is limited by a 6 foot wide utility easement within which no utilities exist or are planned. These circumstances were not created by the owner. The proposed setback encroachment is also unique in that no other nearby uses would be impacted. The proposed enclosure expansion/relocation would not alter the essential character of the locality. The request is not related to economic considerations. The proposed setback encroachment would enhance the use of the site by allowing for improved service vehicle accessibility and trash collection efficiency due to enclosure size and location. The finish material proposed would also enhance the area. Commissioners noted that moving the trash enclosure away from the street would also provide improved screening from public view. Planner Steve Grittman suggested that the applicant respond to Commission questions related to the door previously included on the site plan. 2 Planning Commission Minutes — 6104113 Bill Spartz opened the public hearing. Jason Taduck, of 3027 Autumn Leaf Circle, Green Bay Wisconsin, speaking on behalf of the Monticello Development Group, explained that the door on the original site plan had been moved to the south side of the design for better trash access. He also noted that the door meets emergency exit requirements. Hearing no further comment, the public hearing was closed. Staff pointed out that all variances require an encroachment agreement. Such agreements state that, if the City requires access to the encroachment, repair costs would be the responsibility of the property owner. The request does not require City Council approval as the Planning Commission is the deciding body for variances. Decision 1: Adopting Resolution No. 2013 -044 approving a Variance from the minimum 6 foot rear yard setback requirement in the B -4, Regional Business District as requested at Lot 1, Block 1, Monticello Business Center 4th Addition (9350 Cedar Street). BRAD FYLE MOVED TO ADOPT RESOLUTION 2013 - 044 APPROVING THE VARIANCE FROM THE MINIMUM b REAR YARD SETBACK REQUIREMENT AS PROPOSED IN THE APPLICATION OF MAY 4, 2013, CONTINGENT ON COMPLIANCE WITH THOSE CONDITIONS SPECIFIED IN EXHIBIT Z. GRANT SALA SECONDED THE MOTION. MOTION CARRIED 4 -0. Exhibit Z — Conditions of Approval Lot 1, Block 1, Monticello Business Center 4th Addition (9350 Cedar Street) Variance from 6 Foot Rear Yard Setback Requirement 1. The color of the split -faced block to be utilized on the trash enclosure shall match the color of the block used at the base of the principal building. 2. Landscaping proposed on the north side of the trash enclosure shall meet minimum size requirements of the Ordinance. 3. A building permit shall be received and all requirements imposed by it be satisfied. 6. Public Hearing - Consideration of a an amendment to the Zoning Ordinance relating to the height and construction standards for fences in residential front yards. Applicant: City of Monticello Planning Case Number: 2013 - 016 W Planning Commission Minutes — 6104113 Steve Grittman summarized that the proposed zoning ordinance amendment would change residential height requirements for front yard fencing within 15 feet of the street right of way. It would eliminate the first 3 foot high step requirement and allow 4 foot high front yard fences from the front property line to the building line of the house and 6 foot fencing behind the building line. Staff suggested including language in the amendment which would create a definition of average heights over the span of a fence to accommodate common slope differences. There was also some discussion about the requirement that front yard fencing be at least 50% transparent and that the visibility triangle area at intersections be maintained. Staff recommended specifying in code language whether this applies to fencing along the front lot line or to fencing at the right of way line as well. Charlotte Gabler suggested that transparency rules could be drafted differently for interior lots as well as corner lot fencing. She also suggested that it would be useful to include illustrations to help clarify requirements. Bill Spartz opened the public hearing. Hearing no comments, the public hearing was closed. Spartz indicated that he would not vote on the request due to his interest in moving the issue forward. Lloyd Hilgart asked a number of questions about fencing location and visibility concerns. Ron Hackenmueller stated that tiering had been more of an enforcement concern than transparency. He agreed that the current tiered code is difficult to explain to residents. The proposed amendment would make code compliance and enforcement easier. The Commission seemed to agree that more information was needed to consider amending the fence ordinance. They specifically requested that "front yard" be specifically defined, and that fence height on slope and transparency issues be further discussed. Decision 1: Adopting Resolution No. 2013 -045 recommending approval of an amendment to the Zoning Ordinance providing for a change to the City's fence regulations in Section 4.3 (D)(1). BRAD FYLE MOVED TO TABLE ACTION ON THE REQUEST, PENDING ADDITIONAL INFORMATION AS IDENTIFIED BY THE PLANNING COMMISSION AND STAFF REPORT, AND TO CONTINUE THE PUBLIC HEARING TO CONSIDER AMENDING THE ZONING ORDINANCE TO CHANGE FENCE HEIGHT STANDARDS IN RESIDENTIAL FRONT YARDS UNTIL THE JULY 2, 2013 PLANNING COMMISSION MEETING. GRANT SALA SECONDED THE MOTION. MOTION CARRIED 3 -0. (Bill Spartz did not vote.) n u Planning Commission Minutes — 6104113 7. Public Hearing — Consideration of amendments to the Monticello Comprehensive Plan, Chanter 2 — Community Context, Chapter 3 — Land Use and Chapter 4 — Economic Development Community Development Director Angela Schumann and HKGi Consultant Rita Trapp, provided an overview of the process used to revise Chapter 2 — Community Context, Chapter 3 — Land Use, and Chapter 4 Economic Development of the City's Comprehensive Plan (Comp Plan) and highlighted some of the updates proposed. They summarized that representatives from the IEDC, EDA and Planning Commission had formed a small group tasked with evaluating the existing Comp Plan document and providing guidance about how best to revise it. Charlotte Gabler and Brad Fyle represented the Planning Commission in this effort. The City also engaged HKGi consultants to assist in the amendment process as HKGi was the lead consultant for the preparation of the original Comp Plan. As part of the Community Context chapter review, the small group consulted numerous resources including the latest Census data, surveys, and findings from recent economic development reports to determine specific recommendations for including data relevant for decision - making and policy development. Trapp provided a sampling of such data which underline trends that affect many local issues. Monticello is a young community with a large number of growing families with young children. It is traditionally difficult to engage this busy population in the community. The population is homogeneous in terms of race and ethnicity. The diversity of housing options in Monticello is similar to that of the Twin Cities. The local single family detached housing market has recovered more quickly from the recession than other housing types. Forty percent of rental properties were built prior to 1970. Monticello is primarily a commuter community. Those who commute to work elsewhere earn higher wages than those that work in the City. Fifteen percent of residents are employed within the City. There has been overall growth in local manufacturing employment. More than half of local employers have fewer than 4 employees. The leading employment sectors are retail, education, health care, manufacturing and hospitality. Higher education levels have increased since the 2000 census. Monticello's median household income is comparable to that of the Twin Cities. As part of the Land Use chapter review, the small group reaffirmed the existing five overall land use policies for Places to Work and recommended no modifications to the inventory of available industrial land. As part of the Economic Development chapter review, the small group confirmed the City's four overall economic development goals and added an emphasis on job retention. Other strategy amendments included broadening the focus for attracting industry, coordinating utility and transportation planning in expansion areas, and promoting the retention and expansion of health care services. The IEDC and EDA had both unanimously recommended adoption of the proposed Planning Commission Minutes — 6104113 Comp Plan amendments with minor changes which have been incorporated. Staff pointed out that the proposed amendments have practical application in that they serve to guide annual workplan and budget development efforts. Bill Demeules asked Trapp how to determine if attracting or retaining businesses should be of a higher priority. Trapp stated that, in her experience, it has been more cost effective to retain and help grow businesses already in place. Citing two recent situations in which the City purchased property and removed the structure on site, Brad Fyle asked if the City was doing enough to retain small businesses. Grant Sala agreed that while business retention is important, the City must continue to try to address the needs of a young community. . Bill Spartz opened the public hearing. As there were no comments, the public hearing was closed. BRAD FYLE MOVED TO APPROVE RESOLUTION 2013 -023, RECOMMENDING THE ADOPTION OF THE PROPOSED AMENDMENTS TO CHAPTER 2 — COMMUNITY CONTEXT, CHAPTER 3 — LAND USE, AND CHAPTER 4 — ECONOMIC DEVELOPMENT OF THE 2008 MONTICELLO COMPREHENSIVE PLAN, BASED ON FINDINGS AS STATED IN SAID RESOLUTION. CHARLOTTE GABLER SECONDED THE MOTION. MOTION CARRIED 4 -0. City Council will consider these amendments at its June 2e meeting. 8. Consideration to appoint a Planning Commission representative to the Transportation Advisory Committee Staff asked that the Commission formally appoint a representative to the Transportation Advisory Committee (TAC) because the prior decision to rotate member attendance at TAC meetings had proved ineffective. The Commission's recommendation will be forwarded to the City Council for ratification. BILL SPARTZ MOVED TO RECOMMEND APPOINTMENT OF CHARLOTTE GABLER TO SERVE AS THE PLANNING COMMISSION REPRESENTATIVE TO THE TRANSPORTATION ADVISORY COMMITTEE. BRAD FYLE SECONDED THE MOTION. MOTION CARRIED 4 -0. 9. Community Development Director's Report Hillside Farm — Lots in Hillside Farm 3d and 4`" Addition have been posted for a Notice of Expiration of Redemption period for tax forfeiture. The City filed an affidavit of developer default against all 42 lots. The affidavit outlines the City's right to complete the remaining public improvements and to assess costs to the lots. The recorded Planned Cl Planning Commission Minutes — 6/04/13 Unit Development runs with the land via the development contract and is binding. Development standards will be upheld until amended. Potential buyers would be made aware of this information. Economic Development Position Update - The City Council approved 50% of the funding necessary to pay for economic development consulting services with WSB. The proposed contract will be reviewed at the June 12th EDA meeting. Building/Development Activity —Building Official Ron Hackenmueller highlighted recent Department of Building Safety statistics. 340 rental applications were received and 224 inspections completed. Help Desk inquiries related to blight decreased likely because banks have now sold many problem properties. 245 building permits have been issued so far this year. 80 permits were issued in the last month. The number of single - family home permits doubled in May. The average house value is $163,000. Hackenmueller has been attending Radiological Emergency Preparedness (REP) meetings and reviewing evacuation plans in preparation for a June 11 lb practice drill. FEMA will evaluate the drill scheduled for July 23`x. Hackenmueller has also been reviewing the $15,000 REP budget to determine priority spending. The budget had been used to purchase radios for the Fire and Public Works Departments in prior years. Brad Fyle suggested that REP be more closely aligned with the efforts of other public safety personnel. Angela Schumann pointed out that representatives from various departments have also participated in National Incident Management System (NIMS) training which provides a systematic structure to handling communications during emergencies. 9. Ad_$ ®urn BRAD FYLE MOVED TO ADJOURN THE MEETING AT 7:48 PM. CHARLOTTE GABLER SECONDED THE MOTION. MOTION CARRIED 4 -0. Recorder: Kerry Burri Approved: August f , 2 Attest: Angela Sg a ommunity Development Director 7