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Planning Commission Minutes 04-07-2015MINUTES MONTICELLO PLANNING COMMISSION Tuesday, April 7th, 2015 - 6:00 PM - Mississippi Room, Monticello Community Center Present: Brad Fyle, Linda Buchmann, Sam Murdoff Absent: None Others: A.P.gela Scham. aP.n, Steve C- rittrnan (M e C), Charlotte Gabler (Council Liaison) 1. Call to order Brad Fyle called the meeting to order at 6:00 p.m. 2. Citizen Comments None 3. Consideration of adding items McDonald's (Gabler) O'Ryan's Kwik Trip (Gabler) Kramer resignation (Schumann) 4. Consideration of approving Planning Commission minutes SAM MURDOFF MOVED TO APPROVE THE MARCH 3RD, 2015 SPECIAL MEETING MINUTES. LINDA BUCHMANN SECONDED THE MOTION. MOTION CARRIED 3 -0. BRAD FYLE MOVED TO APPROVE THE MARCH 3RD, 2015 REGULAR MEETING MINUTES. SAM MURDOFF SECONDED THE MOTION. MOTION CARRIED 3 -0. 5. Continued Public Hearing - Consideration of a request for Amendment to the Monticello Zoning Ordinance, Chapter 5, Sections 1- Use Table, Section 2 - Use - Specific Standards and Section 3 - Accessory Use Standards and Chapter 8, Section 4 - Definitions as related to regulations for Solar Energy Systems, Planning Case Number: 2014 -054 Steve Grittman reported that a number of bills had been introduced during the current legislative session which relate to solar energy system regulation as a principal use. He recommended that the Planning Commission table action on this issue until the June meeting pending additional information. Grittman indicated that the Planning Commission had the option to consider amending the language related to solar energy as an accessory use at this time as it is not likely to be affected by legislative changes. Fyle asked if the Commission would have a voice in the solar farm issue. Grittman Planning Commission Minutes: 4/07/15 pointed out that the matter is subject to the jurisdiction of the Monticello Orderly Annexation Area (MOAA) or Wright County at this time. He noted that the Planning Commission would have influence as it relates to zoning authority if the property were to be annexed into the city. He indicated that City staff have been in contact with the developers on a regular basis. LINDA BUCHMANN MOVED TO TABLE ACTION ON THE AMENDMENTS AND CONTINUE THE HEARING TO THE JUNE MEETING OF THE PLANNING COMMISSION, PENDING ADDITIONAL INFORMATION. SAM MURDOFF SECONDED THE MOTION. MOTION CARRIED 3 -0. Grittman pointed out that Wright County is considering language for its own solar ordinance. Staff agreed to keep the Commission informed as to the status the proposed Wright County ordinance. Angela Schumann noted that the proposed joint Planning Commission and City Council meeting will be scheduled once the legislative status of these issues are more certain. 6. Public Hearing — Consideration of a request for Amendment to the Official Monticello Zoning Map to rezone property from Agricultural Open Space to Light Industrial (I- 1), Preliminary and Final Plat for First Lake Substation Addition, Conditional Use Permit for Utilities within the Light Industrial (I -1) District, Variance to the Zoning Ordinance to required setback from the south property line, and Variance from Chapter 4, Section 8(E)(2)(C) Surfacing, Applicant: Xcel Energy, Planning Case Number: 2015 -007 Steve Grittman summarized that Xcel Energy proposed to construct a new electrical power substation along the transmission lines that border the west edge of the city. He pointed out that the City Council had recently approved the annexation of the 10 acre parcel and that the matter was currently being reviewed at the state level. Grittman indicated that the request involves approvals related to rezoning the parcel from Agricultural Open Space (A -O) to Light Industrial (I -1), platting, conditional use permitting and two variances. Grittman noted that the rezoning request meets criteria in Section 2A.B.5 of the Monticello Zoning Ordinance in that it addresses needs arising from a changing condition, trend, or fact affecting the subject property and surrounding area, and is consistent with achieving the goals and objectives outlined in the Comprehensive Plan. Grittman explained that the applicants propose to plat the annexed parcel into a single lot and block, along with a right of way dedication on the east side of the property for a future extension of Dalton Avenue to the south boundary of the property. The applicants would pay a share of roadway construction upon development. The plat incorporates the existing easements for powerline corridors along the western 2 Planning Commission Minutes: 4/07/15 boundary of the proposed lot. Grittman explained that the lot would occupy about 1.5 acres in the southwest corner of the property and contain the substation, a pond, and support improvements. The property would be accessed via a driveway from the temporary existing improved cul -de -sac of Dalton Avenue. Landscaping is proposed along the east boundary line, and a portion of the west boundary line. Grittman recommended that additional planting be included in the western area to screen the main facility from view of the Bertram Chair. of Lakes Regional Park property. Grittman pointed out that the applicants are also seeking a concurrent approval of the final plat to accommodate their construction schedule. Planning Commission action is not required on the final plat. Grittman pointed out that the Planning Commission has decisionmaking authority on variances, subject to appeal. Grittman noted that Utilities - Major are listed as conditional uses in the I -1 District, with the following "Additional Requirement," (a) An electrical power facility, substation, or transmission station shall be set back at least 100 feet from all lot lines. The southernmost point of the structure sits approximately 60 feet from the south boundary line. Grittman explained that the proposed variance to setback requirements request is reasonable because the proximity of the gas pipeline on the property constitutes a practical difficulty. Grittman noted that the applicant also requested a variance from paving requirements to allow for construction of a Class V gravel driveway. Grittman recommended denial of the proposed variance to paving requirements request as it does not involve unique conditions related to the property that create practical difficulties in complying with the pavement standards. Grittman pointed out that the applicants had suggested an alternative option of paving the driveway to a certain point and locating a gate on the site marking a change of use between paved and aggregate surface. Brad Fyle opened the public hearing. Shawn Lawler, Siting and Land Agent with Xcel Energy - Minneapolis explained that Monticello currently relies on several neighboring substations to serve local energy needs because the Linn Street substation is at maximum capacity. The new substation would eventually, with the addition of a second transformer in the future, be approximately twice the size of the Linn Street substation. Lawler said that Xcel requested a variance to the paving requirements because of the cost to pave and continually maintain 600 feet of driveway (and communication cables, telephone wires and distribution feeders under the driveway), based on access through the southeast corner of the property. He suggested that the option of installing a gate at the bend in the driveway would address the intent of the code and keep gravel off the roadway. 3 Planning Commission Minutes: 4/07/15 Lawler responded to questions related to fencing. He described a seven foot tall galvanized steel chain link fence topped by a foot of barbed wire. Nathan Stewart, of Xcel Energy's substation engineering group, said that the galvanized flashing used to deter animals from climbing the fence had drastically reduced outages. Xcel Energy's Community Relations representative Scott Johnson confirmed that substation outages are often due to squirrels ip_ the transformers. Stewart also indicated that sound levels at the substation would meet state regulations and be substantially less than noisy than at the Linn Street substation. Lawler agreed that the conditions in Exhibit Z are achievable. He asked that the Planning Commission consider a compromise related to the variance to the paving requirements. Mark Anderson, of 10057 Darrow Avenue NE, asked why the site had been selected. Lawler indicated that Xcel had considered other sites in the township and within the industrial park but said that this site was preferred because of its proximity to customers and existing transmission lines. Anderson also asked if installation of the substation would accelerate annexation proceedings in the area. He expressed a concern about the nearby farmland being rezoned for light industry in the future. Grittman suggested that the pace of development would likely be determined by developer interest. Hearing no further comments, the public hearing was closed. Decision 1. Rezoning from A -O to I -1, Light Industrial SAM MURDOFF MOVED TO ADOPT RESOLUTION NO. PC- 2015 -008 RECOMMENDING APPROVAL OF THE REZONING OF THE SUBJECT PROPERTY FROM A -O TO I -1, LIGHT INDUSTRIAL, BASED ON FINDINGS STATED IN THE RESOLUTION. LINDA BUCHMANN SECONDED THE RESOLUTION. MOTION CARRIED 3 -0. Decision 2. Preliminary Plat for Xcel First Lake Substation Addition LINDA BUCHMANN MOVED TO ADOPT RESOLUTION NO. PC- 2015 -008 RECOMMENDING APPROVAL OF THE PRELIMINARY PLAT AND FINAL PLAT FOR FIRST LAKE SUBSTATION ADDITION, BASED ON FINDINGS STATED IN THE RESOLUTION, AND THE CONDITIONS LISTED IN EXHIBIT Z OF THIS REPORT. SAM MURDOFF SECONDED THE MOTION. MOTION CARRIED 3 -0. Decision 3. Variance from Setback requirements in the I -1 District, providing for a 60 foot setback from the south property line SAM MURDOFF MOVED TO ADOPT RESOLUTION NO. PC-2015 -008 APPROVING THE VARIANCE TO THE SETBACK REQUIREMENT, BASED ON El Planning Commission Minutes: 4/07/15 FINDINGS STATED IN THE RESOLUTION, AND THE CONDITIONS LISTED IN EXHIBIT Z OF THIS REPORT. LINDA BUCHMANN SECONDED THE MOTION. MOTION CARRIED 3 -0. The commissioners noted some concern about setting a precedent by approving the requested variance to paving requirements. Grittman asked if the commissioners would be willing to consider the alternative option_ suggested by the applicant. Lawler added that the gate could be installed at the first bend heading south along the driveway to line up with the proposed landscape screening. He offered. to include additional landscaping along the driveway as well. He pointed out that the gate would not be seen from the road frontage. Decision 4. Variance from the paving requirements calling for pavement of driveways SAM MURDOFF MOVED TO MODIFY RESOLUTION NO. PC- 2015 -008 AND APPROVE THE VARIANCE TO THE PAVING REQUIREMENTS, REQUIRING THAT THE APPLICANT PAVE THE DRIVEWAY BETWEEN THE ACCESS POINT TO DALTON AVENUE AND THE ENTRANCE TO THE USE, AS MARKED BY A GATE LOCATED APPROXIMATELY 250 FEET FROM THE PUBLIC STREET, BASED ON FINDINGS IDENTIFIED AT THE PUBLIC HEARING AND THE CONDITIONS LISTED IN EXHIBIT Z. LINDA BUCHMANN SECONDED THE MOTION. MOTION CARRIED 2 -1 WITH BRAD FYLE VOTING IN OPPOSITION. Decision 5. Conditional Use Permit for Utility substation in an I -1 zoning district. LINDA BUCHMANN MOVED TO ADOPT RESOLUTION NO. PC- 2015 -008 RECOMMENDING APPROVAL OF THE CONDITIONAL USE PERMIT FOR A SUBSTATION FACILITY ON THE PROPERTY TO BE KNOWN AS LOT 1, BLOCK 1, FIRST LADE SUBSTATION ADDITION, BASED ON FINDINGS STATED IN THE RESOLUTION, AND THE CONDITIONS LISTED IN EXHIBIT Z OF THIS REPORT. SAM MURDOFF SECONDED THE MOTION. MOTION CARRIED 3 -0. EXHIBIT Z Rezoning, Preliminary and Final Plat, Conditional Use Permit, Variance to Setback, and Variance to Pavement Standards Lot 1, Block 1, First Lake Substation Addition (as platted) 1. Additional landscape screening along the west boundary to screen the substation enclosure area from the Bertram Park property. 2. Pavement of the required driveway from the connection between Dalton and the entrance to the facility. Planning Commission Minutes: 4/07/15 3. Compliance with the conditions identified in the City Engineer's comment letter dated March 27, 2015. Schumann noted that there was still work to do on the development agreement and assessment agreement associated with this project. Actions related to rezoning, preliminary and final plat, and Conditional Use Permit will move forward for City Council consideration at the second Council meeting in April. 7. Consideration of an Administrative Lot Combination and Simple Subdivision for Lots 14 and 15, Block 34, Original Plat of Monticello. Applicant: Monticello Economic Development Authority, Planning Case Number: 2015 - 011 Angela Schumann explained that the Economic Development Authority (EDA) had requested approval of two actions to facilitate moving forward with intersection improvements at Highway 25 and County Road 75. The first action would combine Lots 14 and 15, Block 34, (100 East Broadway) to create one parcel. 'The second action would subdivide the newly combined parcel into metes and bounds descriptions. Parcel A would be conveyed to MnDOT for road right of way associated with right turn lane construction from northbound Highway 25 to eastbound County Road 75. Parcel B would be retained by the EDA. The existing building on the parcel is scheduled for demolition by June 1, 2015. Schumann pointed out that the parcel would be restored to turf as there is no imminent redevelopment proposal at this time. There was some discussion related to the intersection configuration and pedestrian accessibility. Schumann indicated there would be longer crosswalks at the new right turn lane. She noted that crosswalks would include countdown timers. Different construction materials will be used to increase crosswalk visibility for pedestrian and vehicular traffic. LINDA BUCHMANN MOVED TO ADOPT RESOLUTION PC- 2015 -009 RECOMMENDING APPROVAL OF THE ADMINISTRATIVE LOT COMBINATION AND SIMPLE SUBDIVISION FOR LOTS 14 AND 15, BLOCK 34, ORIGINAL PLAT OF MONTICELLO. SAM MURDOFF SECONDED THE MOTION. MOTION CARRIED 3 -0. Schumann noted that the recommendation would move forward for City Council consideration on the consent agenda at the April 13'h 2015 meeting. The EDA is scheduled to consider conveyance to MnDOT at its May meeting. 8. Consideration of a report regarding Temporary Signs, Chapter 4, Section 5 of the Monticello Zoning Ordinance Angela Schumann provided an overview of sign definitions according to ordinance and provided examples of the types of signage in place in the community. She asked that the commissioners review the sign ordinance (Chapter 4, Section 5), visually survey the community and bring questions and any requests for information to the May meeting. Planning Commission Minutes: 4/07/15 Schumann outlined permanent sign provisions as a point of reference and noted that these parameters seemed to be working well. She noted that permits are required for all but window signage and sandwich boards. Signs must not be located within a public right of way or easement or on public property. Non -profit organizations are allowed to advertise community events on city property which has a principle use with the signed approval of the property owner. Schumann_ briefly surrmarized the existing temporary sign ordinance, the current interim ordinance and the amended ordinance proposed but not adopted in 2012. The existing ordinance allows for one 32 square foot temporary sign per parcel for 40 days. The interim ordinance allows for one 40 square foot temporary sign per business per 75 linear feet of right of way (located on the parcel on which the business is located) for an unlimited number of days. The proposed amended ordinance allows for one 40 square foot temporary sign per business per 75 linear feet of right of way (located on the parcel on which the business is located) for 150 days. Schumann explained that the proposed amendment had been developed after a series of discussions with business community and an analysis of permit data, enforcement issues and visual observations. She noted that previous Planning Commissions had sought to achieve a certain aesthetic through signage incentives rather than restrictions. Schumann indicated that the economic climate had impacted the council's decision to keep the interim ordinance in place (and adopt it again in subsequent years) in that it seemed to be a benefit for the business community. Grittman noted that some cities allow temporary signs at intersections (no matter the content) beginning on Thursdays but require that they be removed by Monday. Schumann indicated that the garage sale and real estate sign provisions currently in place seem to be working. Grittman indicated that there is an exemption for size, quantity, and location and in state law for political signage related to elections. Schumann suggested that the Planning Commission focus on developing consistent regulations that balance creating attractive corridors which represent a strong and vibrant place to do business with the actual advertising desires of the community. 9. Consideration to accept resignations of Commissioners Heidemann and Kramer Angela Schumann noted that staff had received formal notice of the resignations of Commissioner Alan Heidemann and Commissioner Amber Kramer. She indicated that the vacancies would continue be advertised through April 28h, 2015. Schumann also pointed out that the Planning Commission would also be asked to elect a Vice Chair at its May meeting. 7 Planning Commission Minutes: 4/07/15 BRAD FYLE MOVED TO ACCEPT THE RESIGNATIONS OF COMMISSIONER HEIDEMANN AND COMMISSIONER KRAMER. LINDA BUCHMANN SECONDED THE MOTION. MOTION CARRIED 3 -0. 10. Added items • Planning Applications (Schumann) - Staff has not received any new planning applications for consideration at the May meeting. • McDonald's (Gabler) - Schumann reported that McDonald's is no longer operating at the 7"' Street location. She indicated that the property owner had submitted a Removals and Replacements permit related to eliminating brand identification from the building. The City has not received any land use applications or building permits related to a new user. Any proposed changes to the site would be subject to Planning Commission review as it would involve amendment to the Union Crossings Planned Unit Development (PUD). • O'Ryan's Kwik Trip (Gabler) — Schumann indicated that the Building Department had received a permit application for an interior remodel at the O'Ryan's site located at NE corner of County Road 75 and County Road 18. This project does not include an amendment to the Conditional Use Permit (CUP). 11. Adiournment BRAD FYLE MOVED TO ADJOURN THE MEETING AT 8:10 PM. LINDA BUCHMANN SECONDED THE MOTION. MOTION CARRIED 3 -0. Recorder: Kerry Bum 1-'"' Approved: M 5, 2015 Attest: Aaw� Angelnch 7a( ,ommunity Development Director