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Planning Commission Minutes 09-03-2013MINUTES MONTICELLO PLANNING COMMISSION MEETING Tuesday, September 3, 2013 - 6:00 p.m. - Mississippi Room, Monticello Community Center Present: Bill Spartz, Sam Burvee, Brad Fyle, Charlotte Gabler, Grant Sala Absent: None Others: Angela Schumann, Ron Hackenmueller, Steve Grittman, Lloyd Hilgart, Andy Martin 1. Call to order Bill Spartz called the meeting to order at 6:00 p.m. 2. Consideration to approve Planning Commission minutes SAM BURVEE MOVED TO APPROVE THE AUGUST 6TH, 2013 REGULAR MEETING MINUTES. BRAD FYLE SECONDED THE MOTION. MOTION CARRIED 5 -0. 3. Citizen Comments None 4. Consideration of adding items to the agenda None 5. Continued Public Hearing - Consideration of a request for a Comprehensive Plan Amendment for a change in land designation from Places to Shop to Places to Live and a request for rezoning from B -4 (Regional Business District to R -4, Medium - High Density Residence District. Applicant: IRET Properties Planning Case Number: 2013 -023 Steve Grittman briefly noted that, although the Planning Commission had established an R -4 (Medium -High Density) Residential zoning provision to address the Comprehensive Plan objective of providing step up housing, no specific properties had been designated R -4. He explained that there is limited acreage available to zone R -4 because most sites with the required access and visibility had already been zoned for commercial development. IRET Properties proposed that the 5.2 acre vacant parcel located at Lot 1, Block 2, Riverview Square had met both requirements and would be a desirable location to develop high quality, high density residential multi - family housing. Grittman summarized that the Planning Commission had continued the first public hearing to obtain required state input and the second public hearing to allow for local feedback related to requested changes in the land use designation and rezoning from B -4 Regional Business District. The Department of Natural Resources (DNR), which reviewed the requests due to the site's location within the Mississippi Wild & Scenic Recreational River (MSSRR) Overlay District, reported no formal objections. IRET Planning Commission Minutes — 9/03/13 Properties, which had hosted a neighborhood meeting to seek community input, noted that area residents had expressed numerous concerns about the proposed changes. Bill Spartz opened the public hearing. The following citizens shared comments related to this matter: Dick Van Allen of 6448 River Mill Drive Jeff Swanson of 6220 Mill Run Road Michael Taaffe of 9651 Mill Trail Lane Charles Christenson of 524 West River Street Johnny Green of 9769 Mill Trail Lane Brian Stolls of 6019 Mill Run Road Sandy Broward of 9802 Hart Boulevard Larry Whitaker of 6195 River Mill Drive Steve and Abigail Supar of 9794 Hart Boulevard Dave Gasler of 300 Riverview Drive Janet Murdersdorf 6178 Mill Run Road Kristin Wickman of 341 Riverview Drive John and Linda Peterson of 530 Riverview Drive Robert Ryerson of 9777 River Forest Drive Jeremiah Eush of 9808 Hart Boulevard Mark Storry of 409 Riverview Drive Roseann Damendez Durandos of 6385 River Mill Road Nathaniel Stumpf of 6076 Mill Run Road Although some who commented argued the need for higher density multi - family housing in Monticello, most indicated that they were primarily concerned about the impacts that increased residential density at the proposed site would have on the surrounding area. Those who spoke shared concerns related to traffic safety, transiency, crime, property values, school district capacity, stormwater management and neighborhood ambiance. Staff accepted a petition signed by 200 citizens who oppose the proposed changes. IRET representative Andy Martin thanked those who had also shared their perspectives at the neighborhood meeting. He pointed out that there would be an opportunity for additional input as part of a future public hearing related to a request for a conditional use permit, should the land use and zoning changes be approved. As there were no further comments, the public hearing was closed. Brad Fyle said that the commission was not aware of any statistics linking declining property values to multi - family housing. Sam Burvee said that the City shouldn't change the rules if the apartment complex isn't ideal for the site. He'd like to see the property remain zoned commercial. 2 Planning Commission Minutes — 9/03/13 There was some discussion related to the concern that the proposed land use was not compatible with the surrounding neighborhood. Grant Sala said that finding an appropriate use for the site would be continue to a problem because it is on a busy street and it is near the river. Charlotte Gabler suggested that the site is in a transitional location and that it might be useful to analyze potential impacts to traffic and public services. Lloyd Hilgart stated that there would be a traffic issue no matter the zoning. He thought that residents would actually rather that the parcel be zoned low density residential. Grittman indicated that there are no economic development standards that specifically require the City to allow high- density housing. Hilgart said that establishing R -4 zoning on a parcel would allow for the opportunity to address the higher amenity rental market. Bill Spartz thanked everyone for their participation and patience with the public hearing process. He said that the Planning Commission does its homework in an effort to consider each concern but noted that decisions are not easy. He said that Monticello needs multi - family housing and IRET has a good product but asked if this was the right location. Decision 1: Resolution of Recommendation for Comprehensive Plan amendment reclassifying the subject property from "Places to Shop" to "Places to Live ", and Rezoning to R -4, Medium -High Density BRAD FYLE MOVED TO APPROVE RESOLUTION 2013 -052 RECOMMENDING A COMPREHENSIVE PLAN AMENDMENT RECLASSIFYING THE SUBJECT PROPERTY FROM "PLACES TO SHOP" TO "PLACES TO LIVE ", AND REZONING TO R -4, MEDIUM -HIGH DENSITY, BASED ON FINDINGS IDENTIFIED IN THE RESOLUTION. GRANT SALA SECONDED THE MOTION. MOTION FAILED 2 -3 WITH CHARLOTTE GABLER, BILL SPARTZ AND SAM BURVEE VOTING IN OPPOSITION. (CHARLOTTE GABLER CITED THAT THE COMPREHENSIVE PLAN DID NOT DEFINE "STEP -UP HOUSING" AND THAT THE SITE SHOULD REMAIN ZONED B -4 BECAUSE IT IS A HIGHLY VISIBLE COMMERCIAL LOCATION. BILL SPARTZ CITED THAT THE SIZE OF THE PROJECT IS OUT OF SCALE WITH THE NEIGHBORHOOD. SAM BURVEE CITED THAT IT WOULDN'T BENEFIT THE CITY TO CHANGE THE ZONING.) This item will move forward for City Council at the Sep 23rd Council meeting. 6. Consideration of a reauest for an amendment to a Conditional Use Permit for a Planned Unit Development for the Monticello Big Lake Community Hospital District Campus (CentraCare Health Monticello) for the relocation of an accessory use heliport. Applicant: CentraCare Health System, Monticello Planning Case Number: 2013 -028 3 Planning Commission Minutes — 9/03/13 Steve Grittman summarized that CentraCare requested amending the Conditional Use Permit (CUP) for Planned Unit Development (PUD) to temporarily relocate the heliport from the entrance drive of the hospital (10 13 Hart Boulevard) to the west hospital /clinic parking to comply with Department of Transportation (DOT) aviation guidelines. The helipad has been closed since the DOT notification and hospital staff has been working to develop an alternative permanent location. The City Council granted the hospital a temporary use permit in July to enable the interim relocation of the helipad, contingent on the application for PUD amendment. The relocation requires minimal site improvements, including pavement markings, temporary obstruction barricades, and the addition of warning lights to existing poles. Grittman indicated that the application meets CUP requirements in that the zoning ordinance specifies only that "Heliports shall be limited to hospitals which require such for responding to medical emergencies." Grittman also stated that, due to the intermittent nature of landings, noise impacts averaging 85 -87 in decibel level will not be sustained and can be supported under the PUD. He recommended a 135 degree arrival /departure path to minimize flights over residential property. He also suggested that the parking supply is adequate for temporary relocation as the west parking area is rarely used and a cross- easement for parking at the middle school provides for overflow. The hospital is required to propose a new location by December 2015, or to request that City Council extend the amended CUP. Lloyd Hilgart shared his concern that the state has been closing helipads at many hospitals. Bill Spartz opened the public hearing. Mary Lanegran, Director of Facilities for CentraCare, pointed out that many flight paths had been considered but that options were limited by overhead power lines. She noted that the hospital had chosen not to consider a flight path over the river which would require cutting down one hundred trees. The middle school superintendent had offered use of the football field for helipad service. Spartz requested that the hospital continue to pursue research related to secondary landing options for contingency purposes. Charlotte Gabler wondered about using the hospital rooftop as a helipad site. Lanegran suggested that to do so would be more of a permanent option. Hearing no further comment, the public hearing was closed. 11 Planning Commission Minutes — 9/03/13 Decision 1: Resolution of Recommendation for Amendment to CUP for PUD CHARLOTTE GABLER MOVED TO APPROVE RESOLUTION 2013 -069 RECOMMENDING APPROVAL OF AN AMENDMENT TO CONDITIONAL USE PERMIT FOR PUD, BASED ON FINDINGS AS FOUND IN SAID RESOLUTION, WITH A NON - BINDING RECOMMENDATION THAT THE 135 DEGREE ARRIVAL /DEPARTURE PATH IS UTILIZED AS THE PRIMARY ROUTE TO MINIMIZE OVER - FLIGHTS OF RESIDENTIAL PROPERTY. GRANT SALA SECONDED THE MOTION. MOTION CARRIED 4 -0. (Brad Fyle did not vote citing that the Planning Commission had not been given a choice in this issue in that the City Council had already granted the hospital a temporary use permit.) This issue would go to City Council on the consent agenda on the 9h. 7. Consideration of a zoning text amendment to Title 10. Monticello Zonin Ordinance, Chapter 4, Section 13(E) adding Wireless Telecommunications Service Antennae and Antenna Support Structures as accessory uses on publicly owned Property by Conditional Use Permit, a request for Conditional Use Permit for Antenna Support Structure in a R -2 (Single and Two -Family Residential) District, and a request for Conditional Use Permit for Co- location of a Wireless Telecommunication Service Antenna. Applicant: City of Monticello and Verizon Wireless (NAC) Planning Case Number: 2013 -026 Steve Grittman summarized requests related to an antenna support structure (tower) to be located at the Public Works facility at 909 Golf Course Road. The zoning text amendment proposed would add wireless telecommunications service antennae support structures as accessory uses on publicly owned property by CUP. The City also requested a CUP to allow for an antenna support structure in an R -2, Single and Two - Family Residential District and a CUP for co- location of a wireless telecommunication service antenna. These proposals met criteria for approval of a conditional use permit as per Section 2.4(D)(4)(a) of the zoning ordinance. The zoning text amendment proposed would add wireless telecommunications service antennae support structures as accessory uses to publicly owned property by CUP. Section 4.13(E) of the zoning ordinance text is proposed to be amended as follows: b. Support structures for personal wireless service antenna shall be considered a permitted accessory use upon residentially zoned lots occupied by governmental uses, subject to the following provisions. & The site upon which the antenna support structure is located is occupied by a principal structure. 5 Planning Commission Minutes — 9/03/13 ii Antenna support structures which exceed the maximum height requirements of the residential zoning district in which the antenna support structure is located shall be allowed only by conditional use permit In no case shall an antenna support structure exceed one hundred ninety nine (199) feet as measured from the natural grade at the location of the structure. (iv) Any antenna support structure shall be designed to accommodate the co- location of other antenna arrays (v) Any freestanding antenna support structure shall be of monopole design. (vi) All freestanding antenna support structures for personal wireless services shall be treated with a galvanized light grey color. (vii) The provisions of Section 4.13(F) of this Chapter are satisfied. Brad Fyle said that he is not in favor of these requests because the tower doesn't belong in the R -2 District. Charlotte Gabler asked why the maximum height was 199 feet. Grittman said that the size provides potential for more collocation tenants. Bill Spartz opened the public hearing. Chris Holm, owner of West Cello Apartments, 915, 917, 919, 921 Golf Course Road spoke in favor of the proposals and thanked the City for its support of the project. FiberNet General Manager Mark Pultusker briefly commented on the height and location of the tower and indicated that this was the most effective way of improving service for the area. Jack Nelson of 8 Center Circle said that the FCC doesn't recommend building a tower in a residential area due to the fall zone. He also considers it an eyesore. In response, Pultusker noted that the tower was designed to be self imploding. Additionally, he pointed out that the pine trees on the site act as natural barriers. Staff summarized that between the R -2 zoned areas, the requirement that the property be put to public use, and the one -mile separation requirement, there would not appear to be other potential locations that would meet all of the requirements for location. As there were no further comments, the public hearing was closed. Decision 1: Zoning Ordinance Amendment GRANT SALA MOVED TO APPROVE RESOLUTION 2013 -066 RECOMMENDING APPROVAL OF THE ZONING ORDINANCE AMENDMENT TO ALLOW on Planning Commission Minutes — 9/03/13 ANTENNA SUPPORT STRUCTURES UPON RESIDENTIALLY ZONED PROPERTIES WHICH ARE DEVOTED TO GOVERNMENTAL USES (SUBJECT TO VARIOUS CONDITIONS). CHARLOTTE GABLER SECONDED THE MOTION. MOTION CARRIED 4 -1 WITH BRAD FYLE VOTING IN OPPOSITION BECAUSE HE DID NOT APPROVE OF LOCATING A TOWER IN THE R -2 DISTRICT. Decision 2: Conditional Use Permit for an antenna support structure at 909 Golf Course Road (Monticello Public Works property) in the R -2 district CHARLOTTE GABLER MOVED TO APPROVE RESOLUTION 2013 -067 RECOMMENDING APPROVAL OF THE CONDITIONAL USE PERMIT FOR AN ANTENNA SUPPORT STRUCTURE, CONTINGENT ON COMPLIANCE WITH THOSE CONDITIONS SPECIFIED IN EXHIBIT Z. GRANT SALA SECONDED THE MOTION. MOTION CARRIED 4 -1 WITH BRAD FYLE VOTING IN OPPOSITION CITING THAT HE DID NOT APPROVE OF LOCATING A TOWER IN THE R -2 DISTRICT. Decision 3: Conditional Use Permit for a co- location of personal wireless services equipment on a tower at 909 Golf Course Road for Verizon Wireless SAM BURVEE MOVED TO APPROVE RESOLUTION 2013 -068 RECOMMENDING APPROVAL OF THE CONDITIONAL USE PERMIT FOR AN ANTENNA CO- LOCATION, CONTINGENT ON COMPLIANCE WITH THOSE CONDITIONS SPECIFIED IN EXHIBIT Z. GRANT SALA SECONDED THE MOTION. MOTION CARRIED 4 -1 WITH BRAD FYLE VOTING IN OPPOSITION CITING THAT HE DID NOT APPROVE OF LOCATING A TOWER IN THE R -2 DISTRICT. Exhibit Z — Conditions of Approval City of Monticello Conditional Use Permit City Officials find the proposed antenna support structure height to be acceptable and approve the Zoning Ordinance Amendment to allow antenna support structures upon residentially zoned properties which are devoted to governmental uses (subject to various conditions). 2. The submitted antenna support structure (tower) elevation shall be finished with a light grey or galvanized color. 3. City Officials include a waiver for residentially zoned towers to the 250 separation requirement from residences in the Ordinance amendment. 4. No advertising or identification of any kind intended to be visible from the ground or other structures is permitted, except applicable warning and equipment information signage required by the manufacturer or by Federal, State, or local authorities. 7 Planning Commission Minutes — 9/03/13 5. All antennae, antenna support structures, and accessory structures shall be in compliance with all City and State Building Codes, as applicable, and shall obtain all necessary permits. 6. Structure design, mounting and installation of the antenna and antenna support structure shall be in compliance with the manufacture's specifications, and installation plans shall be approved and certified by a licensed professional engineer. 7. Antenna support structures and antennae shall be grounded for protection against a direct strike by lightning and shall comply, as to electrical wiring and connections, with all applicable provisions of all State Codes. 8. All transmitting, receiving and switching equipment shall be housed within a structure or cabinet whenever possible, and shall adhere to the following: A. If a new tower accessory building is necessary to house such equipment, it shall be architecturally designed to blend in with the surrounding environment, and shall be screened from view by landscaping as deemed necessary by the City Council. B. All transmitting, receiving and switching equipment shall be housed within a structure or cabinet. Such structure shall be architecturally designed to blend in with the surrounding environment, and shall be screened from view by landscaping consistent with the screening and landscaping requirements of the Monticello Zoning Ordinance. 9. The height and finish materials of proposed equipment buildings shall be specified. 10. The height of the proposed chain link/barbed wire fence shall be specified. 11. The submitted grading plan shall be subject to review and recommendation by the City Engineer. This item will go to City Council on Monday, September 9th on the regular agenda. 8. Public Hearing — Consideration of a request for Amendment to CUP for Addition of Equipment for Co- Location of Wireless Communication Antennae. Applicant: Faulk & Foster for AT & T Mobility. Planning Case Number: 2013 -012 Faulk & Foster, representing AT & T Mobility, requested an amendment to the Conditional Use Permit (CUP) to allow the installation of a back -up generator and ancillary equipment at an existing wireless communications tower located at 406 E. 7th Street. The site includes Lots 6, 7, and 8, Block 2, Lauring Hillside Terrace (PID 155029002060 ,155029002070,155029002080). The generator will support service for co- located antenna. The generator itself is ,: Planning Commission Minutes — 9/03/13 approximately 3.5' x 8.5' or 29 square feet in area and 4.5' in height and will sit on a 4' x 10' concrete slab. The generator is not proposed to be enclosed within a building structure. The request complies with zoning code provisions in that changes to the CUP are minor and no visual or other impacts to surrounding property are anticipated. Bill Spartz opened the public hearing. As there was no comment, the public hearing was closed. BRAD FYLE MOVED TO APPROVE RESOLUTION 2013 -065 RECOMMENDING APPROVAL OF THE AMENDMENT TO CONDITIONAL USE PERMIT AS REQUESTED, BASED ON THE FINDINGS IN SAID RESOLUTION AND SUBJECT TO THE CONDITION THAT THE APPLICANT VERIFY THAT THE PROPOSED IMPROVEMENT WILL NOT IMPACT CITY UTILITIES OR EASEMENTS. GRANT SALA SECONDED THE MOTION. MOTION CARRIED 5 -0. 9. Public Hearing — Consideration of a request for Rezoning from R -2 (Single & Two - Family Residential) to CCD (Central Community District), F -2 (Convenience & Services) for 108 Cedar Street. Applicant: City of Monticello. Planning Case Number: 2013 — 029, PID #155- 010 - 067151 Staff indicated that property located at 108 Cedar Street had been inaccurately rezoned as part of the 2011 comprehensive revision of the zoning ordinance. The property had been rezoned consistent with R -2 (Single & Two - Family Residential) uses to the east and north. It would have been more correctly rezoned consistent with parcels to the south and west as Central Community District (CCD), F -2 (Convenience and Services). Properly rezoning the property would facilitate reuse of the existing building for commercial purposes. Action to rezone is supported by two approval criteria specified in Chapter 2.4B(5) of the zoning ordinance in that rezoning would correct an error in the original text or map and is consistent with achieving the goals and objectives outlined in the comprehensive plan. The property owner submitted a letter in support of the rezoning action. Bill Spartz opened the public hearing. Hearing no comment, the public hearing was closed. CHARLOTTE GABLER MOVED TO APPROVE RESOLUTION 2013 -064, RECOMMENDING APPROVAL OF ORDINANCE #582 REZONING FROM R -2 (SINGLE AND TWO - FAMILY RESIDENTIAL) TO CCD (CENTRAL COMMUNITY DISTRICT), F -2 (CONVENIENCE & SERVICES) FOR THE PROPERTY LOCATED AT 108 CEDAR STREET, BASED ON THE FINDINGS IN SAID RESOLUTION. BRAD FYLE SECONDED THE MOTION. MOTION CARRIED 5 -0. This item will go before the City Council on the consent agenda on September 9h. 0 Planning Commission Minutes — 9/03/13 10. Upcoming Planning Commission Schedule • Special Meeting - There will be a special meeting to review the planning application process at 5 pm on October 1St • Public Hearing - The public hearing related to a variance for side -yard setback previously scheduled for September 190' will instead be scheduled as part of the regular October 1St agenda. • Tour — The Planning Commission will conduct a tour to consider R -A zoning and native landscaping issues at 5:30 pm on October 15th . • Regular Meeting — The regular November Planning Commission meeting will be rescheduled to 6pm on Wednesday, November 5th due to the conflict with the school board election. • Joint Workshop — The Planning Commission and the Parks Commission will conduct a joint workshop to discuss potential uses for the Monte Club Hill site at 6pm on November 19th. 11. Community Development Director's Report Union Crossings — Ryan Companies will begin construction of a Marshalls retail store at Union Crossings in the fall. This project was approved as part of a 2007 PUD amendment. No additional review is anticipated. Embracing Downtown Update —The EDA authorized staff to begin work on proposals for demolition associated with the Montgomery Farms acquisitions. TAC — The Transportation Advisory Committee will next meet on September 12th to talk about improvements to TH 25 /CSAH 75 and the Fallon Avenue Overpass. City Staffing Changes - Public Works Director Bob Paschke accepted a job with the City of New Hope. The interim plan to handle his responsibilities will be revaluated in six months. 12. Adiournment BRAD FYLE MOVED TO ADJOURN THE MEETING AT 9:23PM. SAM BURVEE SECONDED THE MOTION. MOTION CARRIED 5 -0. Recorder: Approved: Attest: 10