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Planning Commission Minutes 09-01-2015MINUTES MONTICELLO PLANNING COMMISSION Tuesday, September 1, 2015 - 6:00 PM - Mississippi Room, Monticello Community Center Present: Brad Fyle, Linda Buchmann, John Falenschek, Marc Simpson, Sam Murdoff Absent: Charlotte Gabler (Council Liaison) Others: Angela Schumann, Steve Grittman (NAC), John Rued 1. General Business A. Call to order Brad Fyle called the meeting to order at 6 p.m. B. Consideration to approve Planning Commission minutes MARC SIMPSON MOVED TO APPROVE THE JULY 7, 2015 REGULAR MEETING MINUTES. LINDA BUCHMANN SECONDED THE MOTION. MOTION CARRIED 5 -0. SAM MURDOFF MOVED TO APPROVE THE AUGUST 4, 2015 SPECIAL MEETING MINUTES. LINDA BUCHMANN SECONDED THE MOTION. MOTION CARRIED 5 -0. Fyle noted that the August 4, 2015 regular meeting minutes were not yet available. C. Citizen Comments None D. Consideration of addine items to the agenda None 2. Public Hearings A. Continued Public Hearing — Consideration of a Text Amendment within the B -3 (Highway Business) District to allow Places of Public Assembly as a permitted or conditional use. Applicant: Ouarry Community Church (NAC) Steve Grittman summarized that the Planning Commission had denied Quarry Church's request to rezone property located at 3939 Chelsea Road Nest to a B -2 (Limited Business) District at its August meeting, and continued the public hearing, directing staff to develop text amendment language which would allow Places of Public Assembly as a conditional use within the B -3 District. Grittman reviewed the general standards under which Places of Public Assembly are allowed. He noted that staff had also recommended additional conditions to ensure that the nature of the public assembly use reflects the regional (traveler- Planning Commission Minutes: 9/01/15 based) land use intent of the B -3 District. Grittman outlined the following additional conditions for B -3 amendment: 1. Public Assembly in the B -3 is only allowed on properties of 10 acres in size or more. 2. Public Assembly uses must occupy buildings of at least 20,000 gross square feet of area. 3. Public Assembly uses in the B -3 district shall provide off - street parking areas that are designed to meet their unique traffic patterns and parking accumulation ratios. For the B -3 district, the recommended requirement would be one parking space per 2.5 seats in the main assembly area, based on the building code calculation for maximum occupancy. 4. Public Assembly in the B -3 District will be required to provide a traffic study demonstrating peak traffic periods, and the ability to manage traffic loads without negatively impacting the adjoining public streets. Private and/or public street improvements may be required to ensure no negative impacts. 5. CUP applications for Public Assembly use in the B -3 District will require the identification of the principal use, and those other uses of the subject property that are proposed as accessory uses. All such uses must be allowed in the B -3 District, and may impact other support activities such as parking supply. Fyle resumed the continued public hearing. Kari Sanders, the Executive Director of Quarry Church, (100 Chelsea Road, Monticello), stated that the church supports the additional language for the conditional use permit. She also indicated that the church had begun to move forward with the traffic study should the request for text amendment be approved. Sanders noted that the traffic study would include the church's growth plan estimates. Wayne Elam, of Commercial Realty Solutions, (3 Hwy 55 W., Buffalo), broker for the property, suggested that the request would update he City's code related to Places of Public Assembly. He suggested that the typical minimum cost for a traffic study is $10,000. As there were no further public comments, the hearing was closed. Decision 1: ZONING TEXT AMENDMENT TO THE B -3, HIGHWAY BUSINESS DISTRICT ADDING PLACES OF PUBLIC ASSEMBLY TO THE LIST OF ALLOWABLE USES: 2 Planning Commission Minutes: 9/01/15 LINDA BUCHMANN MOVED TO ADOPT RESOLUTION NO. PC- 2015 -012 RECOMMENDING APPROVAL OF THE REQUESTED TEXT AMENDMENT ADDING PLACES OF PUBLIC ASSEMBLY AS A PERMITTED USE IN THE B -3 LISTING OF ALLOWABLE PRINCIPAL USES, BASED ON FINDINGS IN SAID RESOLUTION FOR APPROVAL. SAM MURDOFF SECONDED THE MOTION. MOTION CARRIED 4 -1 WITH BRAD FYLE VOTING IN DISSENT. (Brad Fyle said that he supports Quarry Church but does not think it is appropriate to allow the church to locate in the B -3 District.) Angela Schumann indicated that Quarry Church had asked that the map and text amendment requests be considered by the City Council. She noted that these items would be included on the regular Council agenda at the September 28th meeting. B. Public Hearing — Consideration of a request for Amendment to the Monticello Zoning Ordinance, Chapter 4 - Finishing Standards, Section 4.3 - Fences & Walls, Subsections (G) Prohibited Fences and (J) Appearance regulating Permit Requirements and allowable materials. Applicant: Cite of Monticello Planning Commission Angela Schumann summarized that the Planning Commission had called for a public hearing at its August meeting to consider amending standards for allowable fencing materials in response to a citizen comment related to a violation notice which had been presented at the July meeting. Schumann noted that the fence had been constructed using wire mesh which is a prohibited material. She stated that staff had proposed amendments to allow wire mesh to be used in combination with other approved fencing materials and to require that materials be coated to prevent future maintenance issues. Schumann pointed out that these amendments support the Comprehensive Plan emphasis on higher amenity development. Schumann also noted that staff had also proposed amending permitting requirements to maintain consistency with changes to the adopted Building Code. She stated that the proposed amendment would require a building permit for fences over seven (7) feet high. Schumann proposed that this change also be reflected in the language within the Industrial and Business Campus District provision in Section 4.3(D)(3). Schumann noted that the Planning Commission had indicated an interest in updating the full fencing ordinance at some point in the future. Schumann pointed out that the ordinance language did not refer to chicken wire or framing and material gauge requirements in an effort to keep ordinance language simple. She summarized that the proposed amendment would add a phrase to Section 4.3(G) Prohibited Fences as follows: "Wire or metal materials may be allowed if framed with permitted materials and treated with weather resistant coating. No "t" metal posts shall be permitted." Planning Commission Minutes: 9/01/15 Schumann also indicated that the proposed amendment would add a phrase to Section 4.3(J)(1) Appearance as related to Customary Materials as follows: "or metal materials treated with weather resistant coating, " Brad Fyle opened the public hearing. Anthony Buss stated that he owns the property at 4640 Country Circle and that he had attended the meeting in place of his brother, Joe Blum, who addressed the Planning Commission in July in regard to the violation notice. Buss said that he thought that he'd followed fence construction rules and apologized for creating a problem. He said that he had chosen to use green treated cedar and material_ two times the thickness of wire mesh so that the fence would be rigid, strong and easily maintained. He stated that he had intended to complete the top and bottom rails of the fence but stopped construction upon receiving the violation notice. He said that his neighbors love the fence. Hearing no additional comments, the public hearing was closed. Building Official John Rued noted that the material looks like reinforcement wire for concrete and pointed out that it was already rusty. Buss indicated that he hadn't been able to find galvanized material in the thickness he'd wanted so he used reinforced steel. He said that the material is not coated but indicated that he'd intended to paint it black so that it would be weather resistant. Rued suggested that it would meet the intent of the ordinance if Buss were to seal the wire and provide framing at the bottom. There was some discussion related to the value of including ordinance language which specifically prohibits the use of chicken wire and/or specifically includes top and bottom railings to define framing. Steve Grittman suggested identifying a gauge requirement in place of language which is subject to interpretation. SAM MURDOFF MOVED TO RECOMMEND APPROVAL OF ORDINANCE NO. 622 FOR AMENDMENT TO THE MONTICELLO ZONING ORDINANCE, CHAPTER 4 - FINISHING STANDARDS, SECTION 4.3 - FENCES & WALLS, SUBSECTIONS (G) - PROHIBITED FENCES AND (J) - APPEARANCE REGULATING PERMIT REQUIREMENTS AND ALLOWABLE MATERIALS; AND TO DIRECT STAFF TO INCLUDE LANGUAGE ALLOWING MATERIALS TO BE USED IN COMBINATION, AND FURTHER SPECIFIES GAUGE AND FRAMING REQUIREMENTS. MARC SIMPSON SECONDED THE MOTION. MOTION CARRIED 5 -0. C. Public Hearing - Consideration of a request for Amendment to the Monticello Zoning Ordinance Chapter 5 - Use Standards, Section 5.3 - Accessory Use Standards, Subsection (D) Additional Specific Standards for Certain Accessory Uses regulating accessory use related to outdoor bulk fuel sales. Applicant: Quality RV/Machholz, Craig for VHM HoldingsNon Hanson's Meats (AS) El Planning Commission Minutes: 9/01/15 Angela Schumann summarized that representatives from Von Hanson's Meats and Quality RV had submitted a joint application requesting that the zoning ordinance be amended to allow them to install outdoor propane fuel containers on their commercial sites to serve their customers. She noted that the proposed text amendment would allow accessory use bulk fuel sales as permitted uses in the B -2, B -3 and B -4 commercial zoning districts and by conditional use permit in the CCD. Brad Fyle opened the public hearing. Jon Tennessen, of Von Hanson's Meats, said that, since O'Ryan's closed, he and business partner Craig Macholz, found out that there is a big local demand for propane. He said that many Von Hanson's customers had asked if they would provide bulk fuel service. Tennessen pointed out that service fits with what they do and meets the needs of their customers. He explained that the propane would be supplied and maintained by a reputable company. Craig Macholz, of Von Hanson's Meats, stated that he had recently met with city staff to discuss using shrubs to address the screening requirement. He indicated that fuel service would be located on the northeast corner of the building adjacent to County Road 39. Ron Vaughn, of Quality RV, 3801 Chelsea Road, stated that they would like to service new and used RV units within their own facility. Vaughn said that bulk fuel service is proposed to be located between the building and interstate on the north side of the building. He noted that they will accommodate whatever screening is recommended. Steve Colquist, of Ferrell Gas, indicated that the proposed installation would consist of stainless steel cabinets and look similar to those previously located at O'Ryan's. He responded to questions about safety and screening requirements related to bulk fuel dispensing stations. He said that it is nice to have shrubbery for screening but pointed out that the NFP 58 requires a minimum of three feet around any flammable material. He specified the importance of access to valves to cool the tank in the event of a fire. As there were no further public comments, the hearing was closed. Linda Buchmann suggested that it seemed excessive to require that businesses pay to screen such units because it to do so hides the service. She also pointed out that screening had not been included at other bulk fuel sales sites. Schumann explained that the code requires that outdoor storage areas be screened. SAM MURDOFF MOVED TO RECOMMEND APPROVAL OF ORDINANCE NO. 621 FOR AMENDMENT TO THE MONTICELLO ZONING ORDINANCE CHAPTER 5 - USE STANDARDS, SECTION 5.3 - ACCESSORY USE STANDARDS, SUBSECTION (D) ADDITIONAL SPECIFIC STANDARDS FOR CERTAIN ACCESSORY USES REGULATING ACCESSORY USE RELATED TO OUTDOOR BULK FUEL SALES. LINDA BUCHMANN SECONDED THE MOTION. MOTION CARRIED 5 -0. 5 Planning Commission Minutes: 9/01/15 Schumann stated that this item would move forward for Council consideration as part of the consent agenda on September 141i. She said that staff would note the commission's discussion related to screening concerns should Council wish to address it. 3. Regular Agenda A. Consideration of an update and recommendation on the Northwest Monticello Interchange Planning Area Angela Schumann summarized that staff had recently learned that a land use plan study of the Interchange Planning Area must be conducted prior to further research related to a west interchange. Schumann explained that Northwest Associated Consultants (NAC) had prepared a scope of work for the study which includes developing land use concepts for the four interchange scenarios (no build, interchange at Orchard Road, interchange at County Road 39, and interchanges at Orchard and County Road 39). She pointed out this information would enable WSB to prepare an analysis of the feasibility of the proposed scenarios and submit those findings to MnDOT and the Federal Highway Administration (FHA) for review and approval. Schumann asked that the Planning Commission review the scope of work developed by NAC and recommend moving forward with a land use planning effort that is directly tailored to the siting of an interchange. SAM MURDOFF MOVED TO RECOMMEND TO THE CITY COUNCIL THAT A LAND USE STUDY BE PREPARED FOR THE NORTHWEST MONTICELLO INTERCHANGE PLANNING AREA. JOHN FALENSCHEK SECONDED THE MOTION. MOTION CARRIED 5 -0. Schumann noted that this item would be considered by the Council on September 281i. 4. Adjournment MARC SIMPSON MOVED TO ADJOURN THE MEETING AT 7:26 PM. LINDA BUCHMANN SECONDED THE MOTION. MOTION CARRIED 5 -0. Recorder: Kerry Burri rZ Approved: November 2 201 i Attest: i � /Zj� 3 Director