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
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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
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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.
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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
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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.
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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.
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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.
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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