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City Council Agenda Packet 03-10-2003 . . . PUBLIC NOTICE Pursuant to the provisions of Minnesota Statutes 471.705, and in accordance 'with the Monticello City Code of Ordinances, Title 1, Chapter 5, Section 1-5-1 (B), a special meeting of the Monti~ello City Council is hereby called for the following time, date, and place: TIME: 5 p.m. DATE: Monday. March 10. 2003 PLACE: City Hall Council Chambers SUBJECT: Core Street Reconstruction Program There is no separate agenda for this meeting. All information will be presented by the City Engineer at the meeting. DATED: March 4. 2003 7SVv~ (Vi Signature --- Mayor Title Signature Title CERTIFICATION On this 4th day of March ,20 03, I hereby acknowledge receipt of the above duly executed call for a special meeting of the Council of the City of iVlonticello, Minnesota. o~ SPECMTG.CC: 2/26/96 AGENOA REGlJLAR MEETING - MONTICELLO CITY COUNCIL Monday, March 10,2003 - 7 p.m. . Note: Workshop meeting at 5 p.m. on Core Street Reconstruction Program And Rooftop Singers will be present at 6:55 with musical greetings for the Council Mayor: Bruce Thielen Council Members: Roger Carlson, Robbie Smith, Brian Stumpf and Glen posusta 1. 2.. 3. 4. . 5. Call to Order and Pledge of Allegiance. ~. c/ , - . S ,~ Approve minutes of February 24, 2003 regular Council meeting '1-S 13 ^~,V G r rl Consideration of adding items to the agenda. Citizen comments/petitions, request and complaints. Consent agenda. A. B. c. vL @ ~ c,~ ~~tJY E. F. )- .~0'@ ~~~/ ~ Consideration of resolution authorizing the issuance of aone day Charitable Gambling License for Ducks Unlimited - Monticello Roller Rink Consideration of a request for a conditional use permit allowing a shopping center and joint parking in a B-3 District. Applicant: Michael Krutzig. Consideration of a request for concept stage planned unit development approval allowing 8 single family units in a proposed R-2A District. Applicant: Tom I [olthaus. Consideration of a request for a concept stage planned unit development approval for a mixed used development including residential, commercial and industrial. Applicant: Gold Nugget Development, Inc. Consideration of granting preliminary plat and concept stage/development stage planned unit development approval for the Hillside Farms residential subdivision. Consideration of approval of Change Order No.2 for the Front Street Improvement Project, No.2001-06C. Consideration of a revised preliminary plat, concept stage PUD approval and development stage PUD approval - Maplewood Residential Development. . . . Agenda Monticello City Council March 7, 2003 Page 2 II. Consideration of a request for special home occupation permit allowing a photographic studio in a residential district. Applicant: Wayne & Patricia Mayer. 6. r. Consideration of a request for approval of the Groveland Place plat which is a replat of a portion of the Groveland Addition Phase III. Applicant: Oeello LLC. .t". ?"'T- fL~~O(uf.lo-V - C-{-r, tftY If f.- ",-1' LU~_ &nsideration of items removed from the consent agenda for discussion. 7. Public Hearing on consideration of making improvements on Cedar Street from Chelsea Road to approximately 1100 feet south of School Roulevard and on Dundas Road from Cedar Street to County Road 117, City Project No. 2002-06C. 8. Consideration of authorization of Comprehensive Water Main Study. 9. Approve payment of hills for March, 2003. 10. Adjourn. . . . MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, February 24, 2003 - 7 p.m. Members Present: Roger Carlson, Robbie Smith, Brian Stumpf and Bruce Thielen. Members Absent: Glen Posusta 1. Call to Order and Pledl!e of Allegiance. Mayor Thielen called the meeting to order at 7 p.m. and declared quorum present. The Pledge of Allegiance was said. 2A. Approve minutes of the Februarv 10. 2003 s~ecial Council meetine. BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE FEBRUAR Y 10,2003 SPECIAL COUNCIL MEETING. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED WITH ROBBIE SMITH ABSTAINING. B. Approve minutes of the February 10.2003 regular Council meeting. BRIAN STUMPf MOVED TO APPROVE THE MINUTES OF FEBRUARY 10,2003 REGULAR COUNCIL MEETING. ROBBIE SMITI-I SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to the al!enda. Mayor Thielen added to the agenda consideration of a resolution supporting the continuing operation of the Monticello Nuclear Generating Plant and update on a joint meeting with local governlTlent entities. BRIAN STUMPF MOVED TO ADD AGENDA ITEM #11, AUTHORIZE THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE EXTENSION OF CHELSEA ROAD WEST AT 90TH STREET, PROJECT NO. 2002-01 C TO TlIE CONSENT AGENDA. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSL Y. 4. Citizens comments/petitions. requests and complaints. None. L . 5. Consent A2:enda Council Minutes - 2/24/03 A. Consideration of ratifying new hires as identified. Recommendation: Ratify the new hires as identified. B. Consideration of liquor license for Monticello Men's Softball Association. Recommendation: Approve the license contingent upon submittal of certificate of insurance and payment of license fce. C. Consideration of a request for a development stage planned unit development and preliminary plat approval for an activity center containing an ice arena, lockers, public areas, domed soccer field and parking lot. Applicant: RSP Architects for Monticello Youth Hockey Association and City of Monticello. Recommendation: 1) Approve the planned unit development conditional use permit subject to the following conditions: 2. ~ .' . . 4. 5. 6. 7. 8. 9. 10. II. 12. 13. . Applicant is to provide additional subdivision related information, showing the name of the proposl:d plat and dimensions oflot boundaries prior to submittal of tlnal plat. The applicant must receive approval from both the City Engineer and Zoning Administrator to allow for a curb cut of18 feet. The west access area is to be reviewed for improved circulation. The width of the lire lane at thl: rear of the building is to b!;; lessened to twenty four fed in order to provide room for landscaping and/or any shi fling in the structure that may be necessary. The applicant is to provide an updated numb!;;r of total capacity for both the soccer and hockey arl:nas. The design of the parking stalls should be 9 feet in width and 20 feet in length and described in Section 3-5l D19(a) of the zoning ordinance. Increase the amount of overstory trees along 7th stred. Berm is to be moved away from the ROWand onto the property. Provide landscaping design along north side of 7'h street. Provide overstory trees along freeway side of the structure. Applicant is to submit a photomdric plan. Applicant to provide updated description of building exterior and be r!;;quired to obtain Planning Commission approval of significant alterations. Operation hours 6 a.m. to 10 p.m. with l1exibility of extended hours on an occasional basis. 2 z . . . Council Minutes - 2/24/03 2)Move to approve the preliminary plat subject to submittal of all data required in Section 11-2 of the Subdivision Ordinance, approval of the PlJD/CUP and comments of the City Engineer and Public Works Director. D. Consideration of Ordinance No. 385 annexing remnant parcel- Wolters property. Rccommendation: Adopt Ordinance No. 385 annexing a 66' strip of property that is surrounded by the city limits. E. Consideration of adopting a joint resolution supporting annexation of the area encompassed by the proposed 93.84 acre Wild Meadow subdivision. Rccommendation: Move to accept the petition for annexation and to adopt ajoint resolution supporting annexation of the 93.84 acre area with the statfbeing directed to submit the joint resolution to Monticello Township for review and adoption. In the event that the Township does not support said annexation, staff is directed to initiate annexation by ordinance as outlined by state statutes. Said motion is contingent on City Council acceptance of the uti I ity study for this area. F. Consideration of a development stage planned unit development, rezoning from AO to R-l, R-2 and R-2A and a preliminary plat for the Wild Mcadow subdivision. Applicant: Lois & Eugene Rauer; Tyler South LLC; Virginia & Earl Husak; Mark Gergen & Associates/Bruggeman Properties, LLC. Recommendation: 1 )Move to approve the rezoning from AO to R-J ,R-l A and R-2 based on the finding that the proposal is consistent with the Comprehensive Plan; 2)Move to approve the planned unit development conditional use permit subject to the following conditions: I. All lot dimensions and easements are to be shown on the site plan. 2. The applicant should cover costs associated with improvements to Gillard Avenue, 95\h Avenue ($110,000/2) and Haug Avenue ($135,000/2) in order to support the increased traffic caused by this development. These costs have been assemhled and provided to thl: developer. It is likdy that they will bl: incorporated into the assessment program for each lot. 3. The dead end on Meadow Urook Lane should be eliminated and possibly redesigned including a connection from 95th Street to the potential frontage road. 4. The dead end on Golden Mcadow road should be eliminated and redesigned. 5. The standard in both ROWand paved area throughout the project is subject to connnents from the City Engineer and Public Works Director. 6. An elevation plan showing benning, fencing and landscaping along Interstate 94 is to be submitted and reviewed by city staff. 7. A sidewalk/trail is to be shown on the site plan running east/west along 95th Street. .., -) Z- . 8. Council Minutes - 2/24/03 The Parks Commission recommendations relating to pathway and park land provisions are met including recommendations on grading the entrance to the park from the ROW. 9. Building elevations demonstrate compliance with applicable city objectives including minimizing the impacts of street-front garage doors, a variety of roof designs and to ensure that proper structure separation exists. 10. II. 12. 13. 14. 15. 16. 17. . 18. 3) The City approve the vacation of existing side lot line drainage and utility easements. Approval of grading and drainage issues by the City Engineer and Public Works Director Approval of grading and drainage plan as it affects Ditch #33 and the wetlands by the Wright County Soils & Conservation District. Modifications of plat name and street names to assure distinct identity in order to enhance the ability of emergency personnel and others to locate residences. Review and approval of plan by MnDOT. Development of a plan showing variation in roof lines for the town home devclopment area. Developer funding of sanitary sewer lill station necessary to serve site and development of overall finance plan consistent with City policies. Establishment of 1 (one) street parking space for every three (3) town homes. City Council acceptance of the related feasibility study outlining design and cost to scrve the development. Motion to approve the preliminary plat for Wild Meadow as presented suhject to approval of the PUD/CUP. G. Consideration ora request for a development stage PUD and preliminary plat for Home Depot. Applicant: Home Depot. Recommendation: Move to recommend approval of the preliminary plat and development stage PUD based on a finding that changes are necessary to make the proposal consistent with the City's planning and zoning objectives. Conditions of approval to include the following: . I. Provision for right turn lane along Cedar Street at Chelsea Road and elimination of the row of parking in that area. Spaces removed with this requirement could be replaced with stalls taken from landscaped proof of parking area. 2. Provision ofa final landscaping plan to City staff for review including landscaping areas at the front of the building. 3. Changes are made to the seasonal sales area by requiring painting of galvanized fencing. 4. The revised sign package would be acceptable as proposed based on the extraordinary size of the site and building. The height (60') and size (392 sq. ft.) of the pylon sign approved based on the overall sign program which includes consolidation of signage on one pylon, elirnination 4 L . . . Council Minutes - 2/24/03 of future pylon signs to be replaced by landscaped monument signs. Signage on future buildings required to be to scale on each building. II. Consideration of adopting a resolution establishing a negative declaration of the need for an EIS (Environmental Impact Statement) resulting from the Home Depot/Retail B development. Recommendation: Move to adopt a resolution establishing a negative declaration of the need fix an Environmental Impact Statcment resulting from the llome Depot/Retail I3 developmcnt. I. Order public hearing fix the construction of Cedar Street from Chelsea Road to Kjellberg's East Park, City Project No. 2002-06C and the construction of Dundas Road from Cedar Street to Country Road 117. Recommendation: Adopt a resolution ordering the public hearing for the Cedar Street and Dundas Road street construction projects for March 10, 2003. J. Accept feasibility report and order plans and specifications for Groveland 4th Addition, City Project No. 2002-09C. Rccommendation: Accept feasibility report and order the preparation of plans and specifications. K. Accept feasibility report fix the Wild Meadow sanitary sewer and watermain study, Project No.2002-04P. Recommendation: Move to accept the feasibility study. City Engineer, Bret Weiss asked that Item #5K be removed from the conscnt agenda and be placcd at the end of the regular agenda. Mayor Thielen requested that Item #5G be removed from the consent agenda. ROBBIE SMITH MOVED TO APPROVE TIlE CONSENT AGENDA WITH ITEMS #G AND #K REMOVED AND AGENDA ITEM #11 ADDED. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent agenda for discussion. Mayor Thielen stated that he requested this item be removed from the consent agenda so that the sign issue could be discussed. Deputy City Administrator, Jeff O'Neill, provided background on the sign proposal for the I-Iome Depot/Retail B development. He noted that the Planning Commission had approved the development stage PUD but had not approved the SO' pylon sign which had been requested. Based on the ordinance the maximum size for a sign in this location would he 22' in height and 100 sq. ft. in area. Planning Commission requested staff to work with lIome Depot to see what was acceptable to them for sign height and the result was a request for a 60' sign. In exchange for the increased sign height over what the ordinance allows, Home Depot had made some concessions on other areas of signage for their development which includes Home Depot and Retail B would sharing the pylon sign and no other pylon signs would be allowed for the development. The Council could approve the compromise, hold to the requirements of the sign 5 2 . . . Council Minutes - 2/24/03 ordinance or send the sign issue back to the Planning and Zoning Commission. The Council expressed concern about setting a precedent by allowing a sign of this size such a distance from the freeway. Mayor Thielen questioned how the 60' figure was arrived at and Jeff O'Neill responded that it came from the developer. Robbie Smith felt that rather than make exceptions to the ordinance, the City should amend the ordinance to reflect any changes the City would like to see. He noted other similar situations such as the Dave Peterson's Ford dealership, Denny Hecker Dodge dealership, Mielke development etc. and felt that if the City approves this sign request it could set a precedent. BRIAN STUMPF MOVED TO RECOMMEND APPROV AL OF THE PRELIMINARY PLAf AND DEVELOPMENT STAGE PUD WITH CONDITIONS BASED ON THE fiNDING THAT CHANGES ARE NECESSARY TO MAKE TilE PROPOSAL CONSISTENT WITH nlE CITY'S PLANNING AND ZONING OBJECI'IVES. CONDITIONS Of APPROVAL INCLUDE THE FOLLOWING: I. Provision for right turn lane along Cedar Street at Chelsea Road and elimination of the row of parking in that area. Spaces removed with this requirement could he replaced with stalls taken from landscaped proof of parking area. 2. Provision of a final landscaping plan to City staff for review including landscaping areas at the front of the building. .., -' . Changes are made to the seasonal sales area by requiring painting of galvanized fencing. TIlE ISSUE OF THE SIGNAGE FOR THE HOME DEPOT DEVELOPMENT WAS REFERRED BACK TO THE PLANNING COMMISSION FOR CONSIDERATION. ROBBIE SMITH SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 7. Presentation of appreciation to Land Of Lakes Choir Bovs for donation for mural for Community Center. Representatives from the Land Of Lake Choir Boys were present to receive a plaque in honor of their commitment and financial support for the Community Center. 8. MCC Advisory Board - Financial and usa!!e presentation for 2002. Kitty Baltos, Community Center Director, reported to the Council on activity at the Community Center during 2002. She reviewed the various activities provided by the Community Center and the number of people participating. 9. Consideration of a request for rezonin2 from AO to R-IA and R-l and consideration of development sta!!e POD and preliminary plat approval for Spirit Hills residential development. Applicant: Maplewood Development and Construction. Inc. 6 2- Council Minutes - 2/24/03 . City Planner, Steve Grittman provided the background on this item. The project consists of two parts; the north half of the development is the townhome portion of the project and the south half is the single family home portion which is being designed to meet the standards for the R-IA district. The Planning Commission has reviewed the development and recommended a number of conditions. for the single family portion of the development there are some minor street, pathway and sidewalk issues to be resolved. The lot layout meets the R-l A design standards with some minor adjustments. The townhouse portion of the development posed more concerns for staff. The townhouse portion of the site is heavily sloped. Each of the townhouse buildings consist of 8 units with two buildings of 6 units. Staff concern is the impact of the unit style. 'fhere is significant amount of grading necessary to accommodate the buildings and access to the buildings. The Planning Commission found that building and landscaping was adequate and felt that the intent of the PUD was met while stafT had some concerns whether this standard was met. Staff did not recommend approval as a result of these concerns. If the Council approved they PU D, staff asked that the conditions noted by the Planning Commission be included. . Mario Coccherella from Maplewood Development spoke to the Council. He noted that typically they do not come before the Councilor Planning Commission without having staff approval. In reviewing the comments of staff on the single family portion of the development, he stated that items # I and #3 will he changed as recommended. Items #5 and #6 were not a problem and added that most of the slopes had been corrected to 4/1. He felt that #4, which was requesting them to make a connection to the sidewalk, was the only issue. His concern was that there may be issues with a private developer making public improvements on property belonging to someone else. On the items relating to the townhouse development, he noted that street adj ustments wi 11 take care of the concerns with garbage pickup. Items #2, #3 and #4 were not a problem and they will make the changes. The developer stated they exceed the visitor parking spaces as noted in item #6. Item #7 dealt with design standards. Mario Coccherella stated that the retaining walls referenced by Steve Grittman were not as high as he indicated. The retaining walls are tiered with a height of 8' at its highest point hut for the most part were 5'. The developer felt they had a good site plan and did not want to go with a typical four unit plan. He stated they are trying to create an amenity on a site that doesn't have any amenities and has some minuses sllch as the tower and the gas line easement.. They have landscaped extensively and have tried to create something upscale in both the single bmily portion and the townhouse portion of the development. The Planning Commission wanted both the single family and the townhome portion of the development to go in at the same time. Mayor Thielen asked how they determined the density and what were the trade offs for allowing the greater density. Steve Grittman stated that in the Comprehensive Plan this area was low density (4 units per acre) and the combination of the densities of the single family homes in the R-l ^ and the townhomes in the R-2 average close to the 4 units per acre. . Another concern noted by Mayor Thielen was the access of Street E in the townhome section (as shown on the preliminary plat) onto Fenning Avenue. He felt that this access could create a 7 2 Council Minutes - 2/24/03 . hazardous condition especially because of sight distances for traffic coming over the hill by the Monte Club. He also stated he was not overly impressed with the size of the trees being proposed in the landscaping plan and felt larger than 3" caliper trees should be installed. Overall, Mayor Thielen stated he was not comfortable with the development because of the density and potential hazard with the access to Fenning A venue. Brian Stumpf stated that he didn't feel the access on Fenning was as much of a problem because of the four way stop at Jason and Fenning. He felt it was a good quality home design. Robbie Smith questioned staff on their concern with back to back structures. Steve Grittman responded that row townhomes would allow more flexibility. Robbie Smith asked ifrow townhomes would allow the same amount of density. Roger Carlson asked the developer to comment on the row design. Mario Coccherella stated that their layout is acceptable in most communities as there is widespread acceptance of what they are proposing. Mayor Thielen asked the City Engineer if any study had been done regarding the access onto Fenning Avenue. City Engineer Bret Weiss responded that they had done an analysis and found the access to be in a location to meet the sight stopping distance requirements. Bret Weiss stated while it is not a bad access location it is not a preferred one. The City Engineer was also asked about improvements to Fenning Avenue. Bret Weiss stated that the developer will be asked to place a deposit with the city for future improvements to the road. I Ie stated that improvements will depend on what happens with development in the area. At some point the street most likely will be widened and likely be designed as an urban section. Jeff O'Neill stated that the Wright County Engineer had required that access E from the plat going onto County Road 18 be aligned with the driveway of Resurrection Lutheran Church. Mario Coccherella stated that if the access was a concern, it could be dead ended short of Fenning Avenue and not connected until such time as Fenning Avenue was improved. . The developer was asked about price ranges for the units and he indicated that the townhomes units would be $189,000 and the single family homes would be in the range of $225,000. Mayor Thielen felt the City was giving up too much in density to get the R-I A housing. BRIAN STUMPF MOVED TO APPROVE THE REZONING FROM AO TO R-I A AND R-2 FOR THE SPIRIT HILLS DEVELOPMENT BASED ON A FINDING THAT THE REZONING WILL MEET THE INTENT AND DIRECTION OF THE COMPREHENSIVE PLAN. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. ROGER CARLSON MOVED TO APPROVE THE PRELIMINARY PLAT FOR SPIRIT I IILLS BASED ON A FINDING THAT TI IE PLAT MEETS THE REQUIREMENTS OF THE MONTICELLO SUBDIVISION AND ZONING ORDINANCE. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED WITH BRUCE THIELEN VOTING IN OPPOSITION BECAUSE OF CONCERNS ABOUT DENSITY AND ACCESS. . BRIAN STUMPF MOVED TO APPROVE THE CONCEPT DEVELOPMENT STAGE PUD FOR SPIRIT HILLS BASED ON A FINDING THAT THE PUD PROPOSAL MEETS TI IE INTENT OF THE COMPREHENSIVE PLAN AND THE REQUIREMENTS FOR PUD 8 Z- . . . Council Minutes - 2/24103 APPROV AL OF TI IE CITY'S ZONING ORDINANCE AND THAT THE DESIGN Of THE PUD RESULTS IN A PROJECT TlIA T IS SUPERIOR TO THAT WHICII WOULD HAVE OTHERWISE BEEN DEVELOPED VIA THE STANDARD PROCESS AND SUBJECI' TO THE CONDITIONS LISTED IN EXHIBIT Z IN THE FEl3RUARY 4, 2003 PLANNING COMMISSION AGENDA. ROGER CARLSON SECONDED TilE MOTION. In further discussion staff was asked if there was dialogue wi th the developer concerning the design issues. Steve Grittman that a number of different plans had been discussed. The staffs concern with the units were the view for the residents of the units and the proximity of the units to each other. The developer felt that the landscaping and architecture of the units overcame these concerns. .Jeff O'Neill stated that the difference is 8 unit structures versus 4 unit structures. UPON VOTE l3EING TAKEN BRIAN STUMPF AND ROGER CARLSON VOTED IN FAVOR TIIEREOF AND BRUCE TIIlELEN AND ROBBIE SMITH VOTED AGAINST. MOTION FAILED. Steve Grittman stated if the Council was going to deny the PUD they should deny it with a finding of facts. Since there was not a full Council present, Steve Grittman felt that this item should be held over. ROGER CARLSON MOVED TO BRING THIS ITEM BACK FOR CONSIDERATION WilEN THE FULL COUNCIL WAS PRESENT. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Mario Coccherella asked for verification that the Council's action approved the preliminary plat but tabled the rUD. Bruce Thielen noted his concerns were with design and density. Robbie Smith indicated he was okay with the density but had concerns with the design. 10, Consideration of oroposal bv Monticello Youth Hockev and Soccer Associations to acquire the City oroperty for facility construction. Mayor Thielen stated that this itcms goes back a long time and the group had a number of discussions with the City regarding the use of Outlot A of Country Club Manor for an ice arena. The question to be resolved was the land exchange. The Pointe Group representing the hockey and soccer associations had submitted a proposal which would provide that the City: 1) give the 17 acre parcel of land (Outlot A, Country Club Manor) to the associations at a cost of $250,000 with 9.22 acres of the parcel to be used by a non-profit, tax exempt group for the purpose of constructing an athletic complex for use as a soccer dome and ice arena and the remaining land to become taxable when no longer owned by the associations. The $250,000 payment is contingent on the sale of the residual land and the land will be turned over to the associations upon completion of their tinancing. Brian Stumpf stated that in previous communications the $250,00 payment was never contingent 9 2- Council Minutes - 2/24/03 . upon the sale of the residual land. Rob LaRue from the Pointe Group reviewed the proposal submitted. He confirmed the points of the proposal as noted above. Their intent is to market and sell the residual land to help in the financing of the arena. The residual land when sold will be taxable. The associations are asking for right of ownership of the full parcel so that they can market and sell the land not needed for the ice facility. They are requesting that the payment of the $250,000 be made at such time as the residual land is sold. It was felt that there should be a time limit on how long the residual property could be held by the associations. The consensus was one year. . Initially when this came to the Council the association was looking at 3-5 acres which the Council indicated they would provide as their contribution to the project. I ,ater they came back to the Council with a proposal for a private developer to finance the project. If it was to be a private contractor and a tax paying entity then the entire parcel would be needed to make the facility possible. The Council indicated they would consider providing the entire parcel because the group would be paying taxes plus all building permit and hookup fees. The problem for the association was that they couldn't afford being a tax paying operation. To make it feasible for the associations it would have to be tax exempt. If it was tax exempt. would the City still be willing donate the entire parcel. The associations were seeking determination of whatthe Council would provide. The Council could consider a number of options: 1) Provide just enough land for the ice arena/soccer facility; 2) donate the entire parcel of land or 3) provide the land with some kind of payment to the City for the property. Brian Stumpf stated he did not want to see the project fall through but he did feel if the City gave the up the entire parcel, the $250,000 should be paid up front and there should be time limit imposed fi.x selling of the residual property and that upon sale of the residual land it would become tax paying property. Brian Stumpf stated he did not want a venture where the City was a partner in the development and he wanted something that was risk free for the City. Bruce Thielen stated that the proposal has changed significantly from what was initially proposed and the question was what was the Council's comfort level on what they were willing to contribute to the project. Roger Carlson agreed that wanted to see the development take place but at what cost. He stated that it was unf(xtunate that this issue comes up now with state budget deficits and the loss of local government aid for the City which makes the decision much more difficult to make. Bruce Thielen suggested the City keep the excess property and sell the needed land to the association for $100,000 with the first payment deferred for five years. This would allow the City to retain part of the property which could be sold and those funds used for 7\11 Street extension. Brian Stumpf asked if the association was given the land needed for the complex would they still need the excesS land in order to make the project work. Robbie Smith questioned whether the City could legally donate the land. Bruce Thielen stated any action the City would take would be contingent upon recommendation of the City Attorney. The Council discussed the $250,000 figure which was approximately what the City had invested in the land some 24 years ago. Hruce Thielen felt deferring the payment on the land would allow the facility to get established. . 10 L Council Minutes - 2/24/03 . Todd Banek spoke for Monticello Youth I lockey. He stated that they have been working on this project for some time and with the expansion of the project to include the soccer dome, they would need the entire parcel of land. The problem has been getting the financing for the project and they have been looking at every possible angle. Todd Banek stated that because there is a small percentage of kids and parents involved in the sport of hockey they didn't want to place the burden for this project on others. I Ie stated that they have been working on selling ice time and are hoping that everything will be in place so that they can break ground in April. He stated that they want to acquire the entire parcel so that they can market the residual land without approval of the City. The revenue generated from the sale of the residual is figured into the pay down of the debt load. It was the intent oftbe associations that the residual land would be sold before April as they do have some prospective buyers. Todd Banek stated approximately $420,000 has been accumulated in fund raising and tbere is several hundred thousand in additional financial commitments from donors which will not be received until the associations have possession of the land. Todd Banek estimated they would receive $4.50-$5.00 sq. ft. for the residual land. Although they are exploring other financial options, they are deadlocked without having the land. It was noted that based on $5/sq. ft. the 7 acre residual parcel would generate $1,500,000. It was also pointed out that the City had never actively marketed the property for development. There was discussion on the extension of]lh Street and when that would take place. Although the City would pay the street cost up front they would be collecting assessments to recoup their funds. . Greg Engle, President of the Monticello Youth Hockey Association asked if the Council would give them a proposal that they could consider and they would reconvene with the Council after the last agenda item. BRIAN STUMPf MOVED TI IA T TilE CITY GIVE TIlE ENTIRE 17 ACRE PARCEL TO TilE ASSOCIATION FOR AN UP FRONT PAYMENT OF $250,000; THE RESIDUAL LAND WILL BE TAXABLE WHEN NO LONGER OWNED BY THE ASSOCIATIONS WITH A TIME LIMIT OF ONE YEAR FOR IIOLDING OF THE RESIDUAL PROPERTY AND THE LAND WOULD BE TURNED OVER TO THE ASSOCIATIONS UPON COMPLETION OF THEIR FINANCING. Motion died for a lack of a second. Robbie Smith stated the issue he has is giving prime land away for $2S0,OOO when it could be worth $1 ,SOO,OOO. Bruce Thielen stated he has gone both ways on this noting the property has not brought in any taxes so if it can become a tax generating parcel it would be a positive. Robbie Smith asked if the property is sold would the City still have some say as far as what would go in. Roger Carlson asked about the cost of the ]lh Street extension. Brett Weiss stated a very preliminary estimate would be about $500,000 depending on the amount of utility work. . ROBBll': SMITII MOVED TO REINTRODUCED BRIAN STUMPF'S MOTION ON THI': ICE fACILITY WHEREIN THE CITY GIVES THE ENTIRE 17 ACRE PARCEL TO THE 11 '7- . . . Council Minutes - 2/24/03 ASSOCIATIONS FOR AN UP FRONT PAYMENT OF $250,000; THE RESIDUAL LAND WILL BE TAXABLE WilEN NO LONGER OWNED BY TlIE ASSOCIATIONS WITH A TIME LIMIT OF ONE YEAR FOR HOLDING OF THE RESIDUAL PROPERTY AND THE LAND WOULD BE TURNED OVER TO THE ASSOCIATIONS UPON COMPLETION OF THEIR FlNANCING. BRIAN STUMPF SECONDED TI IE MOTION. Roger Carlson asked what the scenario would be if the association could not sell it by their financing time. Brian Stumpf stated that was why he had put a one year time limit as part of his motion so that if the property was not sold within that one year period it would revert back to the City. City Administrator, Rick Wolfsteller pointed out that there is a lease agreement for the billboard signs that are on the property and that would be an issue that would need to be resolved. Bruce Thielen stated that the billboard signs would remain at least through the end of the year. Rick Wolfsteller also noted that there should a provision in the agreement that ensures that the project will actually be built on the land that is not being sold and, as noted earlier, all provisions and procedures in the land acquisition would be approved the city attorney. Rick Wolfsteller informed the Council that the property was in the name of the HRA and that there may be some statutory requirement to conduct a public hearing prior to disposing of the land. The Council also discussed some kind of clause in the agreement that would require that it is operated as a recreational facility for at least 15 years. ROBBIE SMITH AMENDED IllS MOTION TO INCLUDE THE FOLLOWING PROVISIONS: I) RESOLUTION OF THE LEASES FOR Tl-IE BILLBOARD SIGNS; 2) WRITTEN ASSURANCES THAT THE PROPOSED FACILiTY WILL BE CONSTRUCTED ON THE SITE; 3) THAT THE FACILITY IS REQUIRED TO BE OPERATED AS A RECREATIONAL FACILITY FOR 15 YEARS; 4) THAT THE CITY ATTORNEY REVIEW AND APPROVE ALL PROVISIONS AND PROCEDURE FOR THE LAND TRANSFER INCLUDING ANY STATUTORY REQUIREMENTS FOR PUBLIC HEARINGS. BRIAN STUMPF SECONDED THE AMENDED MOTION. UPON VOTE BEING TAKEN ALL VOTED IN FAVOR THEREOF. 11. Authorize the preparation of plans and specifications for the extension of Chelsea Road West at 90th Street. Proiect No. 2002-01C. Included with consent agenda. SK. re ort for the Wild Mcadow sanita sewer and watermain stud Pro' eet At the request of the City Engineer this item was removed from the consent agenda for discussion. lie noted that were several issues relating to the costs and that approval of the Wild Meadow development was contingent upon acceptance of the feasibility report. Bret Weiss reviewed the location of existing utilities for that area and the amount of capacity in the lines. He stated that there 12 2, Council Minutes - 2/24/03 . is sufficient capacity in the 8" service line on Gillard Avenue, the trunk line on CSAII 39 and the CSAH 39 lift station to serve the Wild Meadow development. Because of anticipated development in this area of the City and the shallow line on Mississippi Drive, the City had authorized the rerouting of the flows from CSAH 39 lift station so that would go directly CSAIl 75 to the wastewater treatment facility. There is capacity in the lift station for 200 homes. With the full development of Wild Meadow the City would need to look at making improvements to the lift station. As development occurs in the southeast portion of the City additional improvements would have to be made to the utility system. Bret Weiss noted that area charges would be used for the cost of making improvements in the area. The improvements to the lift station would generate an additional surcharge. Cost of operation for the lift station would run between $10,000-$11,000 a year. They had looked at other options such as a gravity flow line but the cost was prohihitive. Bret Weiss stated that the Public Works Director was in agreement that there was no other way to serve the property other than with a lift station. Bret Weiss then addressed the water system stating that system in the area is currently not looped. He stated that without looping the water pressure would not be adequate for firefighting needs. They had submitted two design layouts for the watermain. Depending on which one is chosen, they would estimate the cost to be about $230,000. Bret Weiss stated that the sanitary sewer improvements have impact on the developers and the watermain is one for the City to consider as it impacts their capability for fire fighting. The watermain loop needs to he done one way or the other. Hret Weiss wants to hring back at the next Council meeting the overall water system study. . ROGER CARLSON MOVED TO ACCEPT THE FEASIBILlTY STUDY FOR THI.: WILD MEADOW SANITARY SEWER AND WATERMAIN, PROJECT NO. 2002-04P. ROHBIE SMITH SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Added Items: Mayor Thielen noted he was at a Chamber of Commerce meeting where Xcd Energy made a presentation and ask the Council to show support by adopting a resolution supporting the continued operation orthe Monticello plant. ROGER CARLSON MOVED TO ADOPT THE RESOLUTION IN SUPPORT OF THE MONTICELLO NUCLEAR PLANT. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Mayor Thielen reported that he and Jeff O'Neill met with Kim Sawatzke and Mike Bendetto concerning a meeting of local government entities and the local legislators. The meeting is tentatively scheduled as a breakfast meeting for April 26, 2003 from 9 a.m. to 11 a.m. . 13 ~ . . . Council Minutes - 2/24/03 12. Apnrove payment of bills for February. ROGER CARLSON MOVED TO APPROVE PAYMENT OF BILLS. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 13. Adjourn ROBBIE SMITll MOVED TO ADJOURN AT 9:45 P.M. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. ._..-"'-,-,_.--"'~"--'-'~-"-"_.,~"- Recording Secretary ]4 2- . --- ...-'. .- - ..- . . SA. Council Agenda - 3/1 0/03 Consideration of resolution authorizin J the issuance of a onc da lieensc for the Monticello Roller Rink. (R W) A. REFERENCE AND BACKGROUND: . Ducks Unlimited Wright County Chapter is requesting approval of a one day charitable gambling license for a raffle to be held at the Monticello Roller Rink on Monday May 5, 2003. Ducks Unlimited will be applying to the State Gambling Control Board for issuance of a gambling license but before a license can be issued by the State Gambling Control Board, a resolution needs to be passed by the City either supporting or denying the applicant's request. B. AL T~:RNA TIVI!: ACTIONS: 1. Adopt a resolution authorizing the State Gambling control Board to issue a gambling license. C. STAFF RECOMMENDATION: It is the recommendation of the City Administrator that the resolution be adopted. D. SUPPORTING DATA: . Copy of Application . Copy of Resolution . . . RESOLUTION NO. 2003-13 RESOLUflON AUTHORIZING THE ISSUANCE OF A CHARITABLE GAMBLING LICENSE WIIEREAS, Ducks Unlimited Wright County Chapter has submitted an application to the City Council of Monticello for the issuance of a one day charitable gambling license to conduct a rank at the Monticello Roller Rink in Monticello, Minnesota WHEREAS, upon review of the organization's activities, the City Council is not opposed to the one day gambling license being issued by the State Gambling Control Board. NOW THEREfORE, BE IT RESOLVED BY THE CITY COUNCIL OF MONTICELLO, MINNESOTA that Ducks Unlimited Wright County Chapter application Cor a one day charitable gambling license at the Monticello Roller Rink for May 5, 2003 is hereby approved, and the State Gambling Control Board is authorized to process the application. Adopted by the City Council this lath day of March, 2003. -,..---------,-_._-,_.~-'-'''-'-_.._.''--,._'- Bruce Thielen, Mayor ArrEST: _.-,._,.,---,-,-"'~-'-'-~-'-'_.-- Rick Wolfstcllcr. City Administrator J~ JUL-28-99 WED 03:06 PM DUCKS UNLIMITED EXECTIVE FAX NO. 9017583855 P. 04 MlNNESOTA Department of Revenue --.....;.... ------.....-.--.--... Certificate of Exempt Status . Exempt Organizations Sales and Use Tax ...... ."--.- ST -17 Ducks Unlimited Inc. One Watc1fowl Way Memphis 1N 38120 Certificate number ES 37964 Date Issued 07/14/99 . The organization above is exempt from sales and use taX under Minnesota law on purchases, rentals, and leases of merchandiseaod services to bc used in the perfOImance ants charitable, religious or educational functions. For senior citizen groups, the merchandiso must be used for pleasure, Tecreation, or other nonprofit functions of the group. This exemption docs not apply to purchases of meals, lodging, waste collection and disposal services, or to purchases or leases of motor vehiclcs. (M.S. 297A.25,subd.16) Commissioner of Revenue by fJL~ P. R Blaisdell, Supervisor Sales and Use Tax Division Que.'ltions? Call the MN Dep~Ttmcnt of Revenue lit (651) 296~6t8t or toll-free 1-800-657-3777. TDO users, C311 the Minnesota Relay Service al (651) 297~5J53 or 1-800-617-3529. Ask for (651) 296-6181. . SA Minnesota Lawful Gambling LG220 .. Application for Exempt Permit Fee.. $25 Page 1 of 2 3/01 For Board se Only Fee Paid . Organization Information Organization name ck LA ~~\t<J.. LJr ,- Ci Street 81'5 /lite; Webb '0:2- Name of chief executive officer (CEO) First name :;:. ~ CJ r-V 11ot,..v A-"L/J LA-""-C Last name ::s e H#'l , b r- i?- Name of treasurer First name Last name (T 1...0 Type of Nonprofit Organization 01 M ,IV S-""3 '11 Daytime phone number of CEO 3 l. 0 S- Y '3. - 2- it '18 Daytime phone number of treasurer: -Z95"-' 656'1 Check the box that best describes your organization: o Fraternal 0 Religious o Veteran Qa' Other nonprofit organization Check the box that indicates the type of proof your organization attached to this application: [&1 IRS letter indicating income tax exempt status tJ Certificate of Good Standing from the Minnesota Secretary of State's Office o A charter showing you are an affiliate of a parent nonprofit organization o Proof previously submitted and on file with the Gambling Control Board . Gamblin Premises Information Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) (Z() { -( ( (Z Address (do not use PO box) City .~ MO(ttlt:...cllo Date(s) of activity (for raffles, indicate the date of the drawing) MoV\~ M(( 2-003 State/Zip Code County .. , c~t i - ) hI- 1\1 7:;'/0 UvY" - , Check the box or boxes that indicate the type of gambling activity your organization will be conducting: o "Bingo ~ Raffles (cash prizes may not exceed $12,000) 0 "Paddlewheels D.Pull-Tabs D.Tipboards "Equipment for these activities must be obtained from a licensed distributor. This form will be made available in Your name and and your organization's alternative format (i.e. large print, Braille) name and address will be public information upon request. The information requested when received by the Board. All the other on this form (and any attachments) will be information that you provide will be private used by the Gambling Control Board data about you until the Board issues your (Board) to determine your qualifications to permit. When the Board issues your be involved in lawful gambling activities in permit, all of the information that you have Minnesota. You have the right to refuse to provided to the Board in the process of supply the information requested: however, applying for your permit will become public. if you refuse to supply this information, the If the Board does not issue you a permit, Board may not be able to determine your all the information you have provided in the qualifications and. as a consequence, may process of applying for a permit remains refuse to issue you a permit. If you supply private, with the exception of your name the information requested. the Board will and your organization's name and address be able to process your application. which will remain public. Private data about you are available only to . the following: Board members, staff of the Board whose work assignment requires that they have access to the information; the Minnesota Department of Public Safety; the Minnesota Attorney General; the Minnesota Commissioners of Administration, Finance, and Revenue; the Minnesota Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies that are specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your consent. 5~ . . . LG220 . Application for Exempi per;i .... , Page 2 3~~~ Organization Name_fl!.l!J(~~__Lb:L!~!.li ~~~~!:..':...JJi1=---~c)"'!t.)'-~__r::A!.l'-trJ:._~___~~_____~~~_ Local Unit of Government Acknowledgment If the gambling premises Is within city limits, the city must sign this application. On behalf of the city, I acknowledge this application. Check the action that the city is taking on this application. O The city approves the application with no waiting period. O The city approves the application with a 30 day waiting period, and allows the Board to issue a permit after 30 days~60 days for a first class city) . o The city denies the application. Print name of city ____~____~____~~~____~~~___~~~ (Signature of city personnel receiving application) Title~~~___~~~____~~___~~____~~~____~~____~~____ Date~___~_/ ___~~_/ __~___ If the gambling premises is located In a township, both the county and township must sign this application. On behalf of the county, I acknowledge this application. Check the action that the county is taking on this application. o The county approves the application with no waiting period. o The county approves the application with a 30 day waiting period, and allows the Board to issue a permit after 30 days. o The county denies the application. Print name of county _~~___~~~___~~___~~____~~_____~~ (Signature of county personnel receiving application) Title ____~~____~__________~~____~~____~~____~~~~__ Date _~____/ ~____~/ ____~~ TOWNSHIP: On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township limits. [A township has no statutory authority to approve or deny an application (Minn. Stat. sec. 349.213, subd. 2).] Print name of township ~~___~~~___~~____~~___~~~~____ (Signature of township official acknowledging application) Trrle__~_____~_____~____~~~___~____~~____~~______~~ Date~_____/ ____~/ ~____~ Chief Executive Officer's Signature The information provided in this application is complete and accurate to the best of my knowledge. Chief executive officer's signature___~_____~~______~~____~____~____~~___~____~___________________ Name (please print)_______________________________________________ Oate______/ _____/ _____ Mail Application and Attachments At least 45 days prior to your scheduled activity date send: . the completed application, . a copy of your proof of nonprofit status, and . a $25 application fee (make check payable to "State of Minnesota"). Application fees are not prorated, refundable, or transferable. Send to: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 If your application has not been acknowledged by the local unit of government or has been denied, do not send the application to the Gambling Control Board. 5}\ . 5B. . . City Council Agenda - 03/ I 0/03 Consideration of a reQuest for a conditional use permit allowine: a shopping center and ioint parking in the B-3 district. Aoplicant: Michael Krutzie (NAC/JO) REFERENCF: AND BACKGROlJND The Planning Commission reviewed this item and recommended approval with conditions as noted. As you will note in the meeting minutes, a few of the conditions were resolved at the meeting. Those listed in Exhibit Z are conditions that remain. The applicant Mr. Krutzig, is requesting approval of a conditional use permit to allow a multi-tenant shopping center and joint parking within the B-3 District The site will be located on Lot 1, Block 1 of the Monticello Business Center 2nd Addition, which is posi tioned at the southeast corner of the intersection of School Boulevard and State Highway 25. The applicant is proposing to develop a multi-tenant shopping center, which is allowed with a Conditional Use Permit in the B-3 district The proposed shopping center will eventually tie in with similar shopping centers to be developed on the remaining two lots created by the plat. This first shopping center proposal is the entryway or gateway into this area and its development will set the tone for how the subdivision as a whole is developed. Comprehensive Plan: Monticello's Comprehensive Plan designates this area for commercial use, consistent with the proposed project. Zoning: The subject site is zoned B-3, I-lighway Business District, which allows Shopping Centers with a Conditional Use Permit. Access / Circulation: The proposed subdivision will have access off of Cedar Street to the East. Cedar Street is being extended south as a City project, and will he assessed to benefitting property owners, including Mr. Krutzig's development. The access for Lot I, Block I of Monticello Business Center 2nd Addition should be shifted to the south, splitting the lot line, as shown for the access splitting lots 2 and 3. Although only one of the lots is being proposed f(x development, the project is being reviewed as a whole, with consideration to the connections to the future development of the remaining two lots. A cross easement and access agreement should be submitted in writing to City Staff. Cedar Street Right-Of-Way: Due to changes in the alignment of Cedar Street, a 600 sq. ft. triangle shaped area located at the southern corner of Block 1, Lot 3 will need to be dedicated as a roadway easement area as a condition of approval to allow the road to follow future alignment to be determined. The applicant was aware ofthis possibility and supports the request. This request is noted for information only and is not a condition of CU P approval. Parking: Starfis concerned with the amount of impervious service and the over abundance of parking provided within this project. Although at this point the uses for this shopping center arc unknown, the formula fl)f calculating the number of parking stalls needed fllr a 17,950 square foot retaillJse structure is 1 parking stall per 200 sq. ft., adding up to a total of 90 needed parking stalls. The proposed plan provides for 130 . City Council Agenda -- 03/1 0/03 parking stalls. The applicant should work with City Staff to design a parking area with fewer stalls and more green space. The green space may be turned into future parking if parking is so needed. The following are some suggestions and design revisions to accomplish this task as recommended: · To avoid the undersirablc monotony, heat, and wind associated with large parking lots, the ordinance requires that 1 parking delineator (equaling the size of a parking stall) be utilized for each 5,000 square feet of parking area over the the first 5,000. The plans should be revised to show a parking delineator covering (4) parking stalls, located between and in addition to the already shown parking delineators. · Replacement of at least 20 stalls with green space. The location of stalls removed to be determined jointly by developer and staff. . Landscaping: As previously stated, this is a prominent corner, visible from highway 25, School Boulevard, and Cedar Street. The Zoning Ordinance, Chapter 3-1 (b) requires that Commercial sites provide a minimum of (I) overstory tree per 50 lineal feet of site perimeter. 'fhe current landscape plan consists of 17 overstory trees, 6 short of the required 23 for this portion of the site. The applicant should submit a revised landscape plan that shows increased landscaping both along the northern perimeter abutting School Boulevard, to the east along Cedar Street as well as an increase in internal landscaping. Building Design: The applicant has submitted an elevation plan for the proposed building, showing a brick and rock f~lCe block building with frontage treatment along both the highway 25 and Schooll1oulevard sides of the site. Signage: The applicant will need to submit a signage plan showing the location, dimension, and design of any proposed monument or wall signage. It is probable that a separate conditional use permit will need to be processed governing the sign system. Language in reference to the use oftcmporary signage within the multi-tenant shopping center should be described within the development agreement and any private covenants. Lighting: A photometric plan has been submitted and appears to meet the standards as described within the City's Zoning Ordinance. Additional issues and concerns regarding the site design of the multi-tenant CUP Shopping Center are as follows: 1. Trees at the Southwest corner of the intersection of Highway 25 and School Boulevard should not encroach within the (25) foot clear view triangle area. . ') 4.. The site plan should clearly define the location of the trash enclosure. 2 City Council Agcnda - 03/1 0/03 . AL TERA TIVF: ACTIONS I. Motion to approve the request for a CUP allowing a multi-tenant shopping center with joint parking, subject to the conditions in Exhibit Z, based on a finding the proposal is consistent with the intent ofthe comprehensive plan. The developer has reviewed Exhibit Z and has indicated a willingness to comply with conditions as noted. 2. Motion to deny the request for a CUP allowing a multi-tenant shopping center with joint parking, based on a finding that the proposal is not consistent with the comprehensive plan. 3. Motion to table the request subject to additional information. ST AFF RECOMMENDATIONS . Starr and Planning Commission recommend approval of the CUP allowing a multi-tenant shopping center with joint parking, only with the conditions listed in Exhibit Z. With the modifications to the plan as described in Exhibit Z, the plan will comply with the intent orthe Comprehensive Plan and the general requirements of the I3~3, Highway Business District. 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Public Hearing - Consideration of a request for a conditional use permit allowing a shopping center and ioint parking in a B-3 district. Applicant: Michael Krutzig Stcve Orittman, City Planner, provided the staff report, noting several concerns by stafT and also that they had spoken with the applicant earlier in the week and that he had addressed several of these concerns. . The applicant was asked to reduce the parking supply to minimize the amount of hard surface, noting that the total number of spaces shown is much greatcr than what is requircd by code. Grittman added howcver, that the applicant did have a concern with reducing this number due to his tenant's necds for parking. Grittman also added comments regarding the general site layout and access to the building, but again it was noted that this was particularly due to tenant needs. One item most problematic was location of the access point. It was staffs beliefat the time of the original plat the 2 lots would be sharing a driveway and staff's objective, from the City Engineer's oHice, is to move the access point as f~lr away from the intersection as possible as it is. It is expected that Cedar Street is to have a median in the left turn lane, building the median out as far as they could, and it is the City Engineer's desire is to see a shared access point. The applicant was also concerned with this. Staff would like to work that issue out with the applicant, particularly because there are access points right next to each other which would cause tratTic conflicts with that arrangement. The applicant indicated that he is not the owner of Lot 2, but StatT' s understanding is that he would pursue development on the entire property. It was also noted that this may be worked out with the current title owner of the lot as well, and it may require cross easements or some other potential subdivision. Grittman noted that staff is supporting approval of the application. Dragsten asked about parking reduction and Grittman noted it would be from the north and south ends. Fred Patch added that in regard to parking, joint parking was written into the title of this item, but isn't really a consideration in this phase but in a future phase. He added that to the south, ii'joint parking is to be considered, the present ordinance docs not allow this and they may want to amend the ordinance in order to accommodate joint parking. Carlson asked if there was any delineation between the lots and Grittman stated there would not be green space betwcen the buildings but a shared common driveway. Grittman stated that they may want to treat this as a PUD or an amendment to the ordinance, stating he felt an amendment would be best. Dragsten also asked about building design and roof elevations, adding that he felt they should be consistent. ..-.. ...., Mike Krutzig, applicant, addressed several of the concerns listed. In regard to access, he advised they had shifted the lot lines and he was not aware that staff did not know he did not own the lot to the south. He envisioned it as a stand alone drive. If he does purchase that lot before the first phase is complete, he would have no objection to a common driveway. He was not able to consult with Mr. Weinand, owner of that lot, as he was out of town. Dragstcn also noted a common drive would save him money as well, as there would be no -3- ['If? r'b/!- E: -~--"'~~'.'M'."__,......o...-__....,:_ All . DRAFT Planning COlllmission Minutes - 03/04/03 need for curbing. There was further discussion on roof lines and Krutzig advised this was concept only and facades could be looked at and not limited to this. I Ie did view the Cedar Strcet side as the rear statT access, also advising that the tenant would be a paint store and contractor entrance to rear or side is more desirable as they try to avoid walking into a retail section. It also is bctter to have their entrance close to their vehicles. Regarding the cross easement/access agreement, this would come from Mr. Weinand. Regarding the number of stalls, he has no objection to eliminating but he is hopeful that if they are determined to be needed in the future he would be allowed to develop them. He added that this particular user would have a potential for 50 staff and clients at one time, and with the two other possible users, presenting with this type of parking was appealing to them. He asked that he be ahle to keep some of the parking and possibly take the parking from far away, versus up closer to the building. . He had no objections to addition of landscaped parking delineators and addition of over- story trees. Sign plan will be looked at in the future and he will work with stafTto ensure he meets all requirements. Krutzig did have a concern with the condition number] 1 asking to shift the building and parking lot. I Ie did not see a reason for this but would comply if that is staff's request. Carlson asked Grittman for clarification and Grittman stated he agreed with the applicant that it seemed to align with the property better with the way the applicant had shown it on his concept plan. They determined there was no functional reason t()r it. Krutzig added that the trash enclosure would be the same as at the Towne Centre site and would be shown on his building permit application. I Ie would also comply with all other conditions noted in the report. Krutzig added that he was hoping to start his project as soon as the weather permits and that he is very fortunate in getting tenants to make commitments. I Ie added that these tenants are in need of places to locate very soon. Hilgart asked Grittman how many parking stalls they should cut and Grittman advised the code requires 90, the applicant had proposed 130, and that hc did understand Krutzig's concern, although it was his experience that even if there were 50 stalls in use at one time, there would still be enough parking. Statfwould recommend 90 and if it becomes an issue in the future, the applicant could build more. Grittman added that this is an opportunity to cut down on storm water impacts and aesthetics. Patch added that if in the future they would have shared parking they would find that they would have excess parking, possibly up to 20%. Krutzig added that if he did develop the other property he would definitely cut back on parking. It was also advised that Highway 25 would be the main entrance. I Iilgart asked if 3 tenants completed the building and he stated that it would. IIilgart wondered if there was a compromise on parking so that they do not have to spend more -4- . DRAFT money On landscaping, only tn have 10 take it back Out and add in asphalt Krutzig asked lor somewhere in the middle, and possibly ailer a year if they lind that it is not needed he cnuld take nut Some landscaping and put in asphalt Krulzing again noted that I stall per every 200 is the minimum, Carlson stated that he would suggest Krutzig Work that nut with City staf!; adding that it was refreshing to have Ihe minimums met Dragsten noted that if Krutzig knows his tenants and their parking demands, it may be found that he needs the parking. Planning Commission Minutes _ 03/04/03 Vice Chair Carlson opened the public hearing, There Were no comments and the public hearing Was closed. There Was nn further discussion. . A MOTrON WAS MADE R Y ROD DRAGSTEN TO APPROVE l1IE REQUEST FOR A CUP ALLOWING A MULTr-TENANT SHOPPING CENTER WiTH JOINT PARKING, SUBJECT TO CONDITIONS IN EXHIBIT Z, ELIMINATING CONDITIONS 3, 4, AND 11, AND APPI.1 CANT TO WORK WITH C1TY ST AF F TO DETERMINE PARKING NEEDS. MOTrON BASED ON A FINDING THAT THE PROPOSAL IS CONSISTENT WITH TfIE INTENT OF THE COMPREHENSIVE PLAN. LLOYD HILGART SECONDED THE MOTrON. M0l10N CARRIED UNANIMOUSL Y. -5- . 7. . 8. 9. 10. 11. City Council Agenda - OJ/la/OJ CUP Conditions of Approval- multi-tenan' shoppiu~ ccuter (Michael Krutzig) ,. The access to Lot I Block I is to be shifted to the south, splitting the lot line separating Lot 1 and Lot 2. 2. A signed cross easement and access agreement is to be subm itted to City Staff 3. The site plan is to be revised to show an additional landscaped parking delineator covering (4) parking stalls located bctween the currently proposed delineators. 4. The landscape plan is to be revised, showing an additional (7) overstory trees. 5. The landscape plan is to be revised to show additional internal landscaping around the building and within the parking de/incators. 6. The applicant is to submit a signage plan displaying the location, dimension, and design of any proposed monument or wall signage. A separate conditional use pcrmit will need to be proccssed unless madc availablc for review with this application. Language in reference to the use of temporary signage within the multi-tenant shopping center is to be clearly defined within the development agreement and identil1ed in site covenants. Trees at the southwest Corner of the intersection of Highway 25 and School Boulevard arc not to encroach within the (25) f(Jot clear view triangle area. The site plan is to be revised to show the location of the trash enclosure. All grading, drainage, utilities, and casement issues arc subject to review and approval of the City Engineer. The applicant shall enter into a development contract and pay all required fees or securities required by it, subject to review and approval of the City Attorney. This is typically completed at time of final plat or prior to issuance of the building permit. 12. Comments of other City Staff 4 [xnib,-t L . . . sc. City Council Agenda - 03/10/03 Consideration of a reQuest for a concept stage nlanned unit development anproval allowing 8 single familv units in a nroposed R-2A district. Apnlicant: Tom Holthaus (NAC/JO) REFERENCE AND BACKGROUND The Phmning Commission reviewed the concept stage pun request and recommended approval. Some months ago the City Council recommend this item back to the Planning Commission for further review. Now that additional detail regarding the design of the proposed homes is avaihlble, it is now appropriate to take another look at the request. The applicant, Tom llolthaus. is requesting a concept review for a Planned Unit Development proposal allowing 8 single family units to be constructed on an approximately 1.5 acre parcel of which is currently thc West Side Market. With the reconstruction of Broadway, Otter Creek Road will be realigncd to crcate a safer intersection. Thc County is also requiring thc applicant to close driveway acccss points to the West Side Market, and as such, the applicant believcs that the retail operation will no longer be viable. It should be noted that the existing use is a non-confi:.1fming land use and has been unable to expand over the years due to the inconsistent zoning. Sketch plans and a request f(x rezoning irom R-l to R-2A have been reviewed by both the Planning Commission and City Council in October of 2002. The Planning Commission recommended approval of the request for rezoning and supported the plan under the condition that two-story homes are constructed. Subsequently. the City Council moved to table the request contingent upon revisions to the plan. Thesc revisions also included a two level style home as opposed to the single level rambler, as well as some architectural design and detailing enhancements to better suit the Comprehensive Plan's goals for the Broadway corridor. The proposed project is a series of eight two-story single-ilmlily detached units with a finished square f()otage of 1,500 sq. ft., served by a common driveway along the northern boundary of the property. The project is being designed under the R-2A standards. The project requires PUD approval due to the lack of individual street access for the units (the County will not permit direct access to County l-lighway 75) as well as to allow for an averaging of lot sizes. Land Use: As previously stated, the site currently consists of a noneonf()rming commercial use (West Side Market) on an R-l, Single Family Residential lot. Due to its nonconforming status, the West Side Market has not been able to expand and therefore has been unable to keep pace with the competition. The lot is surrounded by single hunily residential homes, with the Pine Wood Elementary School to the south across Broadway Street. The project is being designed under the R-2A, Single Family Residential district standards. City Council Agenda - 03/1 0/03 . C'of1mrehensive PlmL The Comprehensive plan emphasizes the retention of the traditional single family look and feci along both the east and west ends of Broadway. It talks of restoration of existing older homes and the hopes that with the eventual extension of Th street, a reduction in trat1ic levels on Broadway will help in efforts of keeping the traditional single family feel. 5,'ite !,({vout: The lots are laid out in an east/west fashion, with the buildings fronting Broadway. The lots will be rear loaded, sharing a common driveway via a driveway overlaying the rear of the lots. An issue that needs further discussion is the need for a portion of the City's property on the west side of the plat adjacent to Otter Creek Road. According to the rough plans for the redesign of Otter Creek Road, designed by WSB, it appears the westerly building will have an approximately 17 foot side yard setback from the Otter Creek Right-of-Way and sidewalk. Given the access and traffic issues on Broadway, a discussion should be had as to the level of landscaped screening along this edge. Terms fix the needed transaction of land arc to be decided by the City Council. . Other layout considerations include shifting the buildings 10 to 15 feet towards Broadway. This shirt will help enhance the residential character of the area and provide for more private space in the rear yards of the buildings. 'rhis shift will also provide room for a 15 to 20 foot wide landscaped strip to buffer the rear yard/drive from residents to the north. The applicant might also look at other design possibilities for the location of garages off of the driveway. Perhaps some variation in garage types, (attached, detached) and location could give the project more of a true residential feel as opposed to the monotonous, town home appearance. In addition, the home on the Otter Creek side is set back at 17' versus 20' as noted by code. The applicant requests a reduction in the side setback as an element of the PUD. Buildinl! Stvle: The applicant has submitted an elevation and Hoor plan for the proposed two story detached dwellings. Although the floor plans are proposed to be the same f()r all eight units, a variation in roof styles will be used to add variety and improve the overall appearance of the project. Staff suggests that in addition to varying the roof style, the buildings should vary in other exterior amenities, such as amount of brick and color of siding. As requested by City staff, the applicant has modified the original rambler styled units to the proposed two story homes. This revision is more in lines with the goals of the Comprehensive Plan, in that it fits in with the existing residential homes along Broadway, and also its three bedroom and approximately 15,000 square foot layout will lean towards families, which is the goal of this particular area being as it abuts an elementary schoo\. The current minimum standard for R-2A homes is 1,200 sq. ft. finished. The homes proposed will exceed this standard by 300 sq. ft. This plan work will be provided with the development stage application. . 2 . City Council Agenda - 03/1 0103 Access / Circu/ation: The eight unit neighborhood will have access via a private common dri veway off of Otter Creek Road. An elbow sty Ie turnaround wi II need to be located at the end of the alley to provide easier circulation for City garbage trucks. It has been suggested to the applicant by City Staff that the design of the most easterly building be shifted so that the driveway and garage would be located on the west side of the lot, thereby improving the circulation pattern. Plan adjustments addressing this concern should be provided at development stage review. Lane/scapine:: Landscaping needs to be an important aspect of this project. The applicant will need to submit a landscape plan that provides special attention to landscape design within the front yards, as required by ordinance for parcels within the R-2A district, as well as provide sufficient landscaping along the northern lot line. ALTERNATIVE ACTIONS 1. Motion to approve the concept plan for the Holthaus pun, with comments as noted, based on a finding that the project is consistent with the goals of the City's comprehensive plan. . Conditions of approval associated with development stage to include: . Provision of detailed landscape plan for entire site. Plan should show extensive landscaping on the Otter Creek side of the development. . Provide building finish color and roof line detail for every structure. . Revise site plan showing setbacks as identified in this report and show revisions to drive allowing garbage truck turnaround area. IfCity Council grants concept pun approval, then a corresponding re-zoning request and development stage pun approval will be addressed at an upcoming meeting. Development stage approval to include that a method for governing, regulating and enfl)fcing PUD standards be established by City Attorney. 2. Motion to deny the Concept Plan, based on a finding that the project is not consistent with the City's comprehensive plan. STAFF RECOMMENDATIONS It is our view that the concept plan as presented is consistent or exceeds the standards identified in the R-2A District, therefore staff recommends approval. The concept plan review is the Planning Commission and City Council's opportunity to provide feedback to the developer regarding a wide variety of issues prior to the preparation of a detailed development proposal. Issues may include more detailed design concerns that the City may believe are critical to further consideration of the project. or may also be related to more general land use and development planning, including the . 3 . City COllllcil Agenda - 03/10/03 staging or direction of future City growth. As with any PUD, the City should be able to identify the tangible advantages that PUD zoning flexibility olTers. SlJPPORTING DATA Exhibit A: Exhibit B: Exhibit C: Exhibit 0: Exhihit E: Site Location Map Site Plan Building Elevation Otter Creek Road Realignment Design Previous letters suhmitted by neighboring property owners . . 4 . Ghfblf 14 --"-"-~'. -, ~~' Q~>- <.; -is -..J ..... ~ ~ ~~~ 4~~~ j1- i - \ I / I -0 ~--)' Y'L .....,:} ~?t> ~..... ~~ ~'\, ~ 4:.. A\, ~ oL > :x~ ~. 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PIoRCEL " . "'- ~ City af lIalltlceu. bxh,bit b WSlI .....JoOl "0. 0.4111>-DQl Dot.: I!blUOfr ", 200J DllII Clltk lalll fl.... ... , AlIlft1MlIll ............".,..~. .' Brent and Laura Tazelaar 1124 Sandy Lane Monticello, MN 55362 (763) 295-2909 October 22, 2002 Attention: Planning CoIIllllission Members Subject: Re-ZoningIDevelopment of the Westside Market Property Letter of October IS, 2002 Sent to Following City Council Members: Jeff O'Neill; Rick Wolfsteller; Clint Herbst; Bruce Theilen; Roger BeIsaas; Brian Stumpf; Roger Carlson The following text was sent to the above individuals in a letter dated October 15, 2002: I I am writing to express some frustrations and concerns about the above-mentioned subject. I attended the meeting on October I, 2002 held by the City of Monticello Planning Commission as a result of a notice I received regarding the Public Hearings. When this item of the agenda was addressed before the commission and those of us present from the public, several details were left out prior to public comments. There was no mention of restricted (or refused) access from County Road 75, nor was there mention of the idea of using an alley driveway. It wasn't until public comments were closed that these details were mentioned. When they opened up again for comments from the public the person in charge of this meeting was VERY short with the public and only allowed two individuals to speak. I attempted to speak and was not even acknowledged. This project will impact me greatly as my . residence is directly behind the subject property. I contacted council member, Clint Herbst, after the October 1 SI meeting to discuss my concerns and was very well received. I appreciated being able to express my concerns and was assured that I would be able to present them before the City Council on October 14th. I shared with Clint that we are very open to having homes built on this property and the number of them is not an issue, however, I strongly disagree with the idea of an alley driveway (more on this later). In consideration for the residences that are adjacent to this property, I requested that a quality 8' fence be built with natural landscaping that would mature quickly and would take the place of this fence several years later (regardless of alley or frontage road). This could be part ofa Conditional Use Permit. On October 14th, I attended the City Council meeting. I want to thank Clint for speaking up on behalf of the residences, however not much consideration was made to what he presented. With regards to the alley driveway vs. frontage road there was no interest for discussion to consider the alternatives. Also, with the mention of the fencing it was noted that landscaping would be sufficient. It was alsQ very frustrating that the council would not allow the public to speak, but rather sent the developer away to p~velpp IllS pbws for th~ property with little or no consideration to those families that it will 4nP!WJ who currently live in the area. Just to note that the notice I received regarding the public hearings listed both meetings, and the heading on this notice said <'Notice of Public Hearings" (hearings is plural). ..-.. ....... fXJlibit S Monticello Planning Commission City Hall Monticello, MN 55362 . Edward Solberg 1204 Sandy Lane Monticello, MN 55362 October 23,2002 Westside Market Zoning Request In the 'fifteen years that I have lived in Monticello, at 1204 Sandy Lane, I have attended numerous hearings regarding requests to degrade the zoning of the West Side Market property. Until now, the Planning Commission has turned down all such requests finding them to be without merit. Economics appears to have been the driving force behind all these requests, and it also seems to be what has prompted this latest request for rezoning. Its been my understanding that zoning ordinances are designed to protect the value of neighborhood property and to prohibit construction of dwellings that are inconsistent with those in the surrounding area. I have no problem at all with Mr. Holthaus' demolishing the West Side Market, no one I have spoken to, and no one who appeared at the public hearings held before the Commission or the City Council objected to his building of homes on this land. I feel that Mr. Holthaus just has to abide by the current zoning restrictions. I know he argues that it would not make sense economically f~r him to do so, but that is not a problem my neighbors, me or the City is required to solve. When Mr. Holthaus bought the property, he knew what the zoning ordinance stated, he was allowed to build the West Side Market under a Grandfather provision of the zoning ordinance. Although he made an agreement, that if granted permission, he would ~k for no further changes in the zoning of this property, I think the record speaks for itself that he has been back numerous times asking for changes, revisions and exceptions to the ordinance. What's to say his record would change should his request for re-zoning be allowed. I appeal to the Commission to deny this request for a zoning change. . Sincerely, ~?~~ ~,-- --..-....-.-...... f7~::::-~~... ..: ..:A, :. ~ .,:,: , j,..... , I.. .. ([ . I .\... ". I ~ . \ . : : I )) i' .'.~_.- '~:J~_~:/~~':; i! ;',: I, . "I '. !d...." il ;i Iii iU'\'; OCT 2 3 2002 11 j /; I I I' ", " I L: G I jL'.:/ I . fS(~;bi1- E. .' Attachment to October 22, 2002 Tazelaar Letter I spoke with Jeff O'Neill on October 15th and appreciate him giving me the professional developer opinion regarding the development of the Westside Market Property. I understand the importance of having and development that looks appealing to the community and one way to do this would be to use an alley driveway. Jeff indicated that this is why the he is supporting this approach. I also understand his theory about backyards and how people put up storage shed, etc. and start to pile up junk in their backyards. However, I still feel for the reasons indicated in my original letter that an alley driveway would not be best option. ~ (:/ . . :..... -.-- Wesrside Market Property DevelopmentITazelaar October 22, 2002 ~2 . Why a frontage road vs. alley driveway??? . The majority of the existing homes on County Road 75 have road-side driveways with garages in the front. On October I st there was lots of talk about keeping this development consistent with the surrounding area. How would an alley driveway and rear garage be consistent with the majority?? . An alley would provide a welcome area for crime to take place. We have lived here for two years and twice our vehicles have been broke into. Our street is dark and late at night there is not much traffic. The most recent occurred during the early hours of October 5th, 2002 and I know of another neighbor whose car was also broke into on this occasion. Items were stolen from both of our cars. . With an alley driveway and garages in the back of the homes, where would families put swing sets and play equipment for their children to play on? (I recall that the target home owner of these dwellings are families with children) . A frontage road would act as a boundary for children when playing out front and would keep them at a safer distance from County Road 75. . How safe is it for children to play in a secluded alley driveway?? . I personally have not seen many alley driveways that don't end up looking like a junk pile or garbage collection area. With an alley driveway, would there be guidelines/requirements for upkeep to reduce this possibility? Would there be a monitoring process to make sure guidelines/requirements are maintained? . What about snow removal in the winter??? If there is an alley driveway with a fence, the snow would be piled up against the fence, speeding up the rotting factor. If there were no fence, the snow would end up in our backyards. . I have a concern about the noise level of cars coming and going this closely to our backyard with . an alley driveway. In addition, I am not looking forward to headlights shining in our bedroom windows. Additional Questions: Will there be lighting in the alley driveway???? If so, where will they be located? Will the alley driveway/frontage road and private driveways be tar or gravel?? Why is the city/county so opposed to entrance from County Road 75? What if it was only one entrance located on the east side of this property closer to the already existing residence (frontage road friendly)??? One last comment about the fencing request, I operate a day care business from my home and for the safety of the children playing in my backyard, I feel it extremely important to have adequate fencing (especially with the density .ofthe proposed development). Thank you for taking the time to read this letter. I am hopeful that you will consider the items I presented as the project progresses. Please keep in mind that we who are currently living in the area of the development will be greatly impacted by the decisions you make. Sincerely, (~CM--~~~ Laura Tazelaar (763) 295-2909 1124 Sandy Lane Monticello, MN 55362 . C:\My Docwnents\Planning Commission 101 S02.doc ,~.- . 50. . . City Council Agenda - 03/10/03 Considcratiol!-Qf a-.Lc~est fOLa cnn~t sta~J!!anne!Lunit dcvclQIlmen!i!l!l?!Qva! for a mixe!Luse--.!!evelopmcnt including rcsidentia1-commcrciaJand indu~trial uses. Al!I!lican~ G()ld~~t nevelOJ!...mcnt Inc. (NAC/JO) REFRENCE AND BACKGROUND: -,-~~-~'-~' Gold Nugget is a 220 acre site located directly south of the Kjellberg East trailer park, abutting Highway 25 to the West, 851h Street to the south, and County Road 117 to the east. The site, which is in the process of being annexed into the city, is being proposed as a multi-use project, consisting of 150 acres of residential, 10 acres of commercial, and 60 acres of light industrial. The site is currently zoned A-O, Agricultural -- Open Space. and a rezone will need to be approved prior to tinal plat. The Gold Nugget site has a history that reaches back several years. Plans were submitted for this site in 1998, however the applicant was forced to await a resolution between City representatives on the MOAA and the majority of the City Council concerning the use of the site. The Orderly Annexation Board, including the City representatives on the board, preferred the site for strictly industrial development, while the City's future land use plan designated the site for low density single family residential development. A compromise was reached at the City level when the Comp Plan was updated, where it was decided that a seventy acre portion abutting highway 25 would be reserved for light industrial and commercial while the remainder of the site would be low density single t~lmily residential. The site is proposed to be developed in phases, with the 150 acres of residential area being developed first. A Planned Unit Development overlay is being proposed in order to allow three types of residential uses. The make up of these uses are as follows; 170 (47%) single family detached homes at the central and eastern portion of the site, 68 (19%) quad homes at the central and western portion ofthe site, and 123 (34IYo) row homes located at the northern portion of the site, abutting the trailer homes. A total of 370 dwelling units are proposed and the residential portion of the site consists of approximately 17 acres of park land, 12 acres of ponding, and 7 acres of easement, (including 851h street and county road 117 right-of-way), giving the project a total density of 3.2 units per net acre and 2.5 units per gross acre. The remainder of the site will inelude 60 acres of I-I A industrial abutting Highway 25 and 10 acres 01'1:3-2 (neighborhood) commercial area along the southwest corner of the project area. Land Use. "l'he land use proposed for the residential site retlects the City's future land use and Comprehensive Plan for the area, which has been the subject of numerous discussions between the City, the Township, and the developer. The land use plan designation for this area is low density residential. Attached housing is a possible development style under a PUD arrangement, subject to the overall density staying within the permitted 3 units per net developable acre and 4 units per gross acre. The proposed City Council Agenda -. 03/10/03 . project has managed to stay within the density requirements, regardless that a majority of thc units are to be attached units. This can be attrihuted to a few things, including what appears to be a nLllnhcr of larger than normal lots. The applicant is requesting a PUD overlay, which gives some flexibility in overall design and performance standards, however the Planning Commission must decide if designating a majority of the housing units for attached housing is inconsistent with the City's plan f()r the residential portion of this site. The land pattern being proposed f(Jr the remainder of the site includes a 10 acre area designated for B-2 zoning, Limited Business, and 60 acres ofI-1 ^ zoning, Light Industrial. It should be noted that at the request for rezoning, a puhlic hearing should he requested by the land owner to amend the future land use plan to designate this as a commercial area. With this amendment, the proposed project will be reflective of the City's proposed pattern for use in this area. Commercial Growth Area Boundary. As previously noted, the inclusion of the 10 acre commercial area requires an amendment to the Comprehensive Land Use Plan. The purpose of this distinction is limit the lineal commercial development south along Highway 25. . The Planning Commission may want to reduce the commercial acreage and limit uses to neighborhood commercial and restrict highway commercial uses. These restrictions could naturally result in a reduction in land i()r commercial uses at this location. Site/Lot Design. It is important to plan i()r this projects future connection to surrounding sites. There is an aPRroximate 4.5 acre piece of land at the northwest corner of the Edmonson Avenue and 8511 Street intersection, which is not owned by the applicant. The applicant should Ghost Plat this property, showing its ability to connect to the proposed development in a reasonable manner. The single l~lInily lot design for this site appears to meet the standards as described in the Subdivision Ordinance. One problem however is the design of lots 163 through 170, in particular lot 166. This is an irregular lot often referred in Subdivision Ordinances as a "Butt Lot", in that it is located between two corner lots and is surrounded by rear yards. This area should he redesigned to eliminate any ilTegular lots. The site design should avoid the need for temporary dead end connections, such as the right-of-way fronting lots 4 and 5. Lots 4 and 5 should he turned in the same manner as lots 2 and 3. Also, lot lines should not stop at the ponds, but should run through them on the plat. ..-. Staff has some concerns with the depth of the Industrial areas, in regards to how it will be subdivided, as well as the amount of ponding located within the industrial/commercial area. The ponding that is within the 70 acre industrial/commercial area should exist to support and handle that site and not to support the residential development. - 2 City Council Agenda- 03/10/03 . Buffering. The proposed project is using both large ponding areas and higher density attached dwellings as a transition between the industrial, commercial, and mobile home park uses to the north and west and the low density residential area to the east. Although this huffering technique docs work, staff does want to iterate that other alternatives such as large berms, fencing, and thickly planted landscaping, can he used to screen the lIses both visually and audibly rather than using such a large portion of the site for attached housing, which is not generally congruent with low density single family development. Circulation I Access. The residential portion of the site shows two access points off of County Road 117 to the east, two access points to the south off of 85th Street and an access to the west connecting the residential portion with the future industrial and commercial uses. The applicant will need permission from the county for the access points onto County Road 117. Approval by MnDOl will be needed for the access ofT of Highway 25, and some right-of-way may be needed for the realignment of the intersection at 85th Street and Highway 25. It should also he noted that funds will be requested for the reconstruction of both Edmonson and 851h street. . StatT is generally comfortable with the meandering street pattern throughout the project. Staff would prefer a 70 foot right-or-way throughout the project to allow for the construction of a 36 foot street with sidewalk on each side. The two most westerly cul- de-sacs exceed the maximum allowable 600 foot length for a cuI-de-sac as described in the City's Suhdivision Regulations, Chapter 11, Section 5, 3(B). Cui-de-sacs are only permitted where topography justifies there use. therefore the applicant should redesign the site to connect these cul-de-sacs with the street system as well as connect the two most easterly cul-de-sacs with each other in a loop design. StatTwouldlike the applicant to look into redesigning the quad home section in a manner that would eliminate the need for the stubbed access drives. If this isn't possible. turnarounds will be required. . Trail/Parks. The general park concept is consistent with the concept plan approved late in 1998. The plans show an approximate 17 acre linear park and trail connection running north and south through the center of the site. The subdivision ordinance requires that 10% of the final plats gross area be dedicated fi)f park use. In this case, the dedicated amount exceeds the 15 acres required. The trail will need to be evaluated by the parks commission as to its connection to other locations, both inside and outside of the project area. Staff would suggest that the park and trail run along the southern portion of the most northern pond rather than along the north side of the pond abutting the trailer park as shown. Staff would also like the site plan to illustrate an east/west connection from the currently shown termination of the trail along 851h Street and the proposed extension of Cedar Street to the west. The parks commission has been looking for area to develop a larger. active park with ballfields. The park land along 85th Street lnay be suitable for this purpose. The Parks Commission will want to take into account soil types and water conditions when considering if the area dedicated is suitable for park and trail use. 3 City Council Agcnda- 03/10/03 . I n the development of their recommendation, the Planning Commission reviewed comments by the IDe. IDC recommended that the housing mix include a reduction in townhomes and an increase in single family, enhanced buffering and a 5 acre shift of commercial to industrial. B. ALTERNATIVE ACTIONS -",~"'--"._-~,~ The Planning Commission recommends alternative 1. I. Motion to recommend approval of the Concept Plan for the Gold Nugget PUD, with COmments to be noted, based on a finding that the project is consistent with the City's future land use plan. Comments as noted include: a. Adjust site and lot design as noted in the staff report. b. Develop a landscaped berm as a bul1cr between the residential and industrial area. c. Address traffic circulation issue. d. Reduce the number of town homes relative to the detached single family making single family detached housing the predominant land use. e. Review and approval by the Parks Commission . 2. Motion to recommend denial of the Concept Plan, based on a finding that the project is not consistent with the Comprehensive Plan and is premature for development at this time. c. STAFF RECOMMENDATIONS ---~.,-~~._",-,~ The concept plan review is the Planning Commission and City Council's opportunity to provide feedback to the developer regarding a wide varicty of issues prior to the preparation of a detailed development proposal. Issues may include more detailed design concerns that the City may believe arc critical to fllliher consideration of the project, or may also be rclated to more general land use and devclopment planning, including the staging or direction of future City growth. As with any PUD, the City should be able to identify the tangible advantages that PUO zoning flexibility offers. Staff supports the recommendation made by the Planning Commission. D. SUPPORTING DATA -'.._""-'-._~-""- Exhibit A: Exhibit B: Exhibit C: Exhibit D: Site Location Map Site Plan Future Land Use Map Draft of Planning Commission minutes, 3/4/03 . 4 >,of":'" .~........_-- --------'-----T 1-------, '/ I l' ' / \ I \ v\ I /^ I 1\ \ I~ \ : ,,\,j ,,,": ,,\ I \' 4 ,Ii \' ~ ~ \--'>.'1 ".\--'>. I \ I ,'18 \ I I / I , I - - - - - - - - - I - J --= :- -=--.1 !:- :- -=- -:.. -=- =-=- .:-_ =-=- l ,- I ,----- ----------" r---------=-=l ' I I '" 86TH STREET , ' , t\' f\' I' f\ I I' I \ v\ 1O! I ^ \ v\ ^ \ v\ Iii ^ \ v\ I ^,\ "'/ I \ \\ ,,' " / iE1.L\ / 1'1 \ I r \/ ;, ~ t~ ~ ( ~ ~/ , I ' ( ~ ~ ~ I -j ,J) I -j 1,1 -j I J 'VI . J ,., J I -.---~E~~:-2~~------L-------~EC!~~~ 23 -----~ LOCA TION MAP NO SCAlE f\ \ v'\ !\ \ \ / \\ / / \~ ~v \ TOWNSHIP 121 N, RANGE 25 W / .. Eihibl't A 51 ~ ) l- I /;' , / ~ iJ'IJ ~~/ /1.. ....... w . . . DRAFT Planning Commission Minutes - 03/04/03 8. Public J learim>: - Consideration or a re(H1est for a concept stage planned unit development a roval for a mixed use develo Jment includin ) residential eommercial and industrial. Applicant: Gold Nugget Development Inc. Steve Grittman, City Planner, provided the statfreport regarding the concept plan for a mixed use development including residential, commercial and industrial. He noted that this property had been previously reviewed several years ago and at that time there were annexation issues. Grittman advised that land use patterns had been diseussed and revised since then. Staff is relatively comfortable with design of housing unit types. In their previous project they had looked at some small lot single bmily units and felt that would be a possibility as part of the mix creating a transition between R-l housing and some of the attached housing. He noted the City Engineer had reviewed the plan as well and requested the access width to be adjusted. Grittman added that Did the Parks Commission had reviewed this proposal several years ago and had suggested park land for potential ball fields/soccer fields. He noted a substantial area to the south that may be a good use for that area, however, they need to be aware that if the Parks Commission were looking at lighted fields this may not be compatible. Grittman noted some minor comments regarding layout, for the developers benefit, adding that the mix between industrial and commercial would need to be considered. Staff recommends a higher amount of detached housing versus the number of attached units, but feels that the concept plan is ready to proceed to preliminary plat. Stumpf asked about future development in the southeast corner of the site but it was advised that this property was not owned by the applicant, although they have provided possible access to that property. Fred Patch advised of the IDC's recommcndation at their meeting earlier that day. this a.m. to increase the industrial to 65 acres and reduce the commercial to 5 acrcs. Dragsten asked for their rationale and Ollie Koropchak, Executivc Director, provided the reasoning by the IDe. Grittman noted that if MnDOT provided acccss to the City it would be in that location and he wasn't sure how much flexibility the City would have. Koropchak advised that Jeff O'Neill was present at the IDC's meeting and she was speaking on his behalf as well as the IDC. She noted that this group is a lobbying group on behalfofthe City. She advised that they are trying to improve communication with the Planning Commission and City Council. She noted that the recommendation by the [DC was based on the 70 acres that were originally planned for industrial land use and the IDC's desire to maximize the City's industriallancl. Koropchak advised of the second rccommcndation by the IDe which was to scale back the number of townhouses and to buffer between the neighborhood from industrial to residential. She added that possibly an 8 f()ot berm could be added as well as on the rcsidcntial side a setting similar to a park. She believed that this came from several of the industrial property owners and their comments in regard to issues with residential placed next to industrial. Carlson stated that there would be a road dividing this area, but Koropchak stated that they preferred thc 8 foot berm and -10- Sb (ml'bt+ b DRAFT Planning Commission Minutes - 03/04/03 . Dragsten concurred. Dragsten questioned what would be done with the park land and Grittman stated the original idea was to have a mix of finished space along the pathway with some natural grass areas as well, and a mix of wooded and open linear park space. The land would be conducive to many possibilities. Carlson asked about the amount ofponding and would be lined. Grittman stated that there has probably not been a lot of hydrology at this time. Carlson asked if this was an amenity, having a wet pond, and Grittman stated it could be if done properly. . Horst Graser, Gold Nugget Development Inc., provided revised drawings as well as what was previously presented in 1998. He discussed the City's comp plan and the constraints that were placed on the development in regard to buffering as well as Highway 25. 1 Ie noted they met with stalT f()l' input regarding the revised comp plan. The residential consists of 370 units with single family lots approximately 83 to 88 feet in width which he feels is necessary to construct 3 car garages and meet the 1 0 foott sideyard setbacks. The 68 quad units consist of 4 units each with 4 dif1erent styles which can be combined, depending on desire of the buyer. He added that they are currently building these in Rogers and have gotten positive feedback. They can have a sun porch or patio, slab on grade type of design, one level living geared toward the elderly. The townhome units on the n011her part of the development are 2 story with 2 car tuck under garages with 1600 sq. ft. finished. The residential component being more town homes is indicative of the market. Graser stated that he does understand their comments regarding their desire for more detached units. Graser stated that regarding the acreage of commercial and industrial land he teels that 10 years out things will change and perhaps could be twice the number of people from what is there today. I Ie didn't understand why the City would want to put industrial on that corner. He stated the whole corridor from Chelsea to I lighway 25 would be buffered. They have proposed a hontage road all the way to School Boulevard as well. Regarding buffering and screening, he will do what he can to make it a pleasant transition. I Ie stated the ponds that have been pre-designed would handle run ofT. Ponds in residcntial area are for residential only. He explained the park system and the access of pathways through the developmcnt as well. He also noted staff's input on the potential for a balltield and noted where they intended to place it, although he was not sure about lighting as previously mentioned. The trail section goes through the entire development and is proposed to end up at the commcrcial corner. Therc will also hc a trail or sidewalk along the collector street. Graser stated he had received statT's comments and addressed the cui de sac concern, adding that he would like to keep one of them. lie can shorten it to mcet standards but the to connect the other two would be a challenge. Graser added that the desire for cuI de sacs is by homeowners. He thcn pointed out a low area on the parcel where they would place the pond and park systems designed on each side. lie added that this grade change would give them the opportunity to make some of the homes walkouts. . -] 1- Dn~I!lF:T f'\^tI Planning Commission Minutes - 03/04/03 . It was noted that the number of units had been reduced to approximately 370 from the initial 570 units and that the density is basically identical overall at 2.5 units per acre. Dragsten questioned if it was possible to increase the industrial to 65 acres and Graser stated the only way would be to take 5 acres from commercial and this would require him to file for an amendment to the comp plan. lIe added that his plan was taken directly irom the City's comp plan. Dragsten asked about the number of cui de sacs and had they thought about possible tear drops, not actually continuing all the way around. Graser stated he preferred not to do that as there is then such a large area of blacktop. He stated he would only do that if he could have center islands, adding that with large masses of blacktop, people tend to drive every which way and it is difficult to organize traiIic. Dragsten asked if they were to have a center island it could be a benefit and Graser agreed although there then becomes a maintenance issue. He did state however, that possibly center islands with trees and pavers would work, but the landscaping would have to be the responsibility of an association and would also need to be sprinklered. . Grittman added that they have discussed this at staff level and have developed a standard fl.}[ center islands, the idea would be to address maintenance issues, but they have been working on a standard to accommodate center islands. He stated they have been using them internally fl.}[ new developments. Dragsten added that in trying to get higher quality housing, cui de sacs are preferable. Grittman stated they are working with the street dept. on this matter to create a design they are comfl.)rtable with as well. Stumpf asked if this was something that could be incorporated in this development and agrees with staff that there are getting to be too many cui de sacs. Graser stated that if he needed to move them or loop them, he wOllld have to re-work the plan, doesn't feel connecting them would be the answer. Stumpf also questioned the IDC recommendation t<.x an 8 ft. berm and did Graser feel they could put do that. Graser stated that he did not feci he had enough dirt fl.)r that, and it is too aggressive, but possibly a combination of benning, plantings, and fencing. lIe added that he did not feel that an 8 n. berm to hide things would be a good solution. He did agree with Koropchak that this would be a sensitive issue, noting for them as well as they have to market these homes. He w(Hildlike to do a mixture. Stumpf stated he would like to see something somewhat aggressive as he has seen residential owners purchasing next to industrial sites and then complain later about buffering. Graser noted that the structures will be placed to make them more aesthetically pleasing as well. Stumpf added that regarding the request for 65 acres fl.)r industrial he did not feci that the 5 acres would be that substantial and felt there are other areas avai lable where they could add 5 acres. Stumpf preferred to keep the 10 acres commercial. Graser stated that they wanted the 10 acres f<.)r commercial as they have potential users Ji.)r that site. . Vice Chair Carlson opened the pub I ic hearing. Roger Bechtold, 8617 Edmonson Ave. NE, stated he has horses on his property adjacent to this parcel as well as an aHlllfa field that he f~1rlns and wondered if the Planning Commission had any plans for his 20 acres. Carlson stated the Planning Commission is not a developer. He then asked ifhis land would be -] 2- O'i~'''-" 'r'".,\...".',.'" T '. pi' , 'U'l!iw'"'''' Planning Commission Minutes - 03/04/03 . zoned residential as it is currently agriculture and Grittman noted that in the comp plan the land would be guided for residential but until it is annexed and requested by him, the land will stay as it is as long as he chooses to keep it that way. A resident at 8817 Hwy 25 questioned the access that MnDOT had approved on Hwy 25, stating she was concerned with this and Grittman stated that this would need to be resolved and negotiated by MnDOT. She was concerned with how this would impact her entrance/property and it was noted that she would have to wait it out. The public hearing was then closed. There was further discussion regarding the IDC's request for the change in acreage and that they did not feel it would serve well unless access were to be changed. They agreed with berming and encouraged the applicant to work with staff on a mutual agreement. The applicant was also advised to work with staff to eliminate the number of cui de sacs, specifically in the northeast corner of the site. A MOTION WAS MADE BY LLOYD HILGART TO RECOMMEND ACCEPTANCE OF THE CONCEPT PLAN FOR GOLD NUGGET PUD, WrrH COMMENTS AS NOTED IN TIlE STAFF REPORT WI-HCH INCLUDED REMARKS RELATING TO: . SITE/LOT DESIGN ENHANCED LAND USE TRANSITION RUFFERING CIRCULATION/ACCESS INCLUDING A REDUCTION IN THE NUM13ER OF CUL DE SACS ADJUST IIOUSING UNIT MIX IN A MANNER ESTABLlSIIING SINGLE FAMILY DETACHED IIOUSING AS THE PREDOMINANT LAND USE. . MOTION BASED ON A FINDING TIlA T THE PROJECT IS CONSISTENT WITH THE CITY'S FUTURE LAND USE PLAN. MOTION CONTINGENT ON APPROVAL or A PARK PLAN BY THE PARKS COMMISSION. ROD DRAGSTEN SECONDED TIlE MOTION. There was further discussion stating it was the consensus of the Planning Commission to keep the industrial and commercial sites as noted in the comp plan and that densely planted berming may be more beneficial. TIIERE WAS NO FURTHER DISCUSSION AND THE MOTION CARRIED UNANIMOUSL Y. . -13- c ~ E ~ =~ ~ 11l " u :c 5l ~ '" 14 j //'/ .1/. /i(/ 1"/ ;; ,; /1.> .~/ !?>~I :.~~If !j// ,/'i li:/ il/ /.:.It' !"~l ii // ill' 0") (u l'! "Olt';/ OYO~ A.l.Nn.- -'1l ;.J.-/L .'il/ ~ ~ :'.l I I 3 Nl'.Y _~_NO "._03_ __ _ _ _ _ ~ I -- ~~V_3~~~~_ _ _ ~ _ ~ I - - - - - - - - - - - - - -- - I I r I I I I I I I I i I I I I I \ I <l4 ;,- \)a ' CJ~ 0 ~ c::> ~ 0 <' </ ~ ~ c:? c::> i ! 0 i ! i c? <) ~~ c;::> c? c:::? " v:' ~Q ~ 0" Dc c iIj "'- 0 :;; :::l 11 " ... ---....-!~I I I I I I '- I I I \ , I I D ! I I I ~ I --l ! <((I) -w n:::n::: I--u ............~~,+. i ~<( ~! ~ f,1 '" ~ '" '" I . ".-/.-- ~:;;- MONTICELLO LONG RANGE LAND USE N w.' s . /~--_.._._-_._._-_.__._._"_...... r ... Low De".1ty R.~denti., ... ExpII"'lon Area [:~-_.-] Low Density R.~dentlal (R-1) I I I I I I I I ! I i \\ ......., Future Land U.. Objectives: Low 0enlI1ty Realdentlal (R-1A) .. CJ .. .. .. Medium Density (abelled /leg) * A/low for. mix 01 /end .... * Prwerw .nd PI'Otet:t tJIItuta/1WOCIIne * Provide fOIId ~ to WIppOtt lIfO~th * R../n ruta/ C"""".nd . ."." **" feel * U.. exIatIng .menItIea (I... ..... Ie.... hN) to enMnn ftvwIopment '" Prevent aprrwi by fII'ICOUnIlII"II COtnIMCt development pd:em Urban Mlxed-Ua. Commercial Induatrllll Open Space Mobile Home Park :'~ ----"--- ...-.r ""'- City Counci I Agenda - 03/1 0/03 . SE. (.10) REFERENCE AND BACKGROlJNn The City Council is askcd to considcr granting concept/development stage PUD approval and preliminary plat approval for the Hillsidc Farms subdivision. Council consideration of the rezoning from agricultural zoning to R 1 zoning/PUD will he considered at the time of final plat whcn the development agrecment governing the PUD is in place. A description of the development can be found in the attached information from the Planning Commission agendas. As you can sec, this development has been on the drawing board for some months and was originally recommended for approval by the Planning Commission in May of 2002. At that time, the project was being forwarded by John Arkel under the subdivision name "Fields of Hillside Hurst". The project failed to proceed to the City Council level when Arkel dropped out ofthe project. A new development team headed by Bob Pearson and Howard Triggs picked up tbe project and made somc adjustments to the plat. These adjustments were found acceptahle to the Planning Commission and the Parks Commission. This project is being forwarded to the City Council now for the first time. The parcel is located in an area guided for R-IA development, however the specific parcel for development does not have all of thc attributes of an R -I ^ parcel. There are no trees on the site and the views, though excellent, may not be good enough to place this 40 acre sitc in the R-I A district. Therefore the Planning Commission accepted a "hybrid" R-lIR-l A development allowing lots at R-l design standards (12,000 sq ft) and homes at the R -I A standard. Under this concept approximately 25% more lots can be developed under the R -I standard versuS the R -I A standard. In exchange, the developer must build homes that meet R-l A standards. Some of the standards that apply include: . . Finished square footage must meet or exceed 2,000 square feet. . Roof pitch must meet or exceed 6/12. . Three car garages are required. . Brick or porch fronts required. . The ratio of garage front to home front required under the R-l A standards will need to flex because the lots developed at R-l standards will be too narrow to meet this requirement. These standards will be incorporated into the Planned Unit Development for this site which are enforceable. For example, the Building Official could not legally issue a building permit for any homes that do not meet the applicable R-IA standards. . City Council Agenda - 03/1 0/03 . ALTERNATIVE ACTIONS Decision I The Planning Commission recommended approval of the Hillside Farms preliminary plat as submitted by Triggs and Pearson. 1. Motion to approve the preliminary plat allowing an R-l style subdivision in an area generally designated for R ~ 1 A residential development. 2. Motion to deny approval of a preliminary plat allowing an R-l style subdivision in an area generally designated for R-l A residential development Decision 2 The Planning Commission reviewed this item again at the previous meeting and supports establishment of a PUD governing home design standards. 1. Motion to grant concept and development stage PUD approval allowing development of a subdivision meeting R-1 standards in an area guided for R-l A development in exchange for development of homes that meet R-1 A standards. This approval based on the finding that development of R-l A homes at this location is consistent with the comprehensive plan for the City. . 2. Motion to deny approval of the concept and development stage PUD. 81' AFF RECOMMENDATION City staff recommends approval of both the preliminary plat and development stage PUD. Utilizing the PlJD restrictions requiring R-1 A housing in tandem with the R-l subdivision standards appears to be a combination that will allow the City to attain step- up housing at this location while at the same time providing the number of lots necessary to make the project financially viable. Staff strongly recommends requiring establishment o1'a pun because the rules contained therein arc enforceable by law and eliminates the potential of development of homes designed to a lessor standard. SUPPORTING DATA Record of Planning Commission review since May 01'2002 Revised plan set Copy of land use guide plan (Please see previous guide plan from item 5D) . 2 . . , - lL Planning COlllmission Minutes - 02/0'+/03 Broadway. O'Neill advised that according to the comprehensive transportation plan. thlTC \vill be a light installed on Broadway at Washington. Frie asked Doerr what the strategic long term plan is for the Ilospital and she advised that she could not state exactly at this time. but Sessions advised that it is typical to go out 5 years. Oberg added that this is a phase of their 10 year plan. He also noted the projections they use and advised Frie that he believes this addition will take them beyond 5 years as they will build space to grow into. There was further discussion regarding current parking and that employee parking lots should be switched with patient parking, which the applicants agreed with. Sessions added that the hospital did a parking study, and with projections. they arc within 20 cars of being maxed out. Sessions noted that hospital parking fluctuates. Oberg advised they expect to have additional parking to the west. Jim Agosto, Hospital Board member. addressed the Planning Commission in regard to signage, stating the Hospital wants it to be clear and not to be compared with new developments in the City. stating again that it needs to be clear for patients. He also noted that in the medical field things become obsolete in 5 years and there will be changes. Frie advised Agosto that he did not feel they should be treated differently than anyone else. but Agosto advised that signage is different in the medical field and the important thing is that patients need to know where to go. Again Frie advised of his dissatisfaction with the building aesthetics. He also felt signs should be aesthetically pleasing. again Agosto disagreed. feeling that it should be clear and concise. There was no further discussion. A MOTION WAS MADE BY ROBBIE SMITH TO RECOMMEND APPROVAL OF THE HOSPlT AL DEVELOPMENT STAGE PLJD. BASED ON THE FINDING THAT 'fl.IE PROPOSAL IS CONSISTENT WITH "fHE HOSPITAL CAMPUS CONCEPT PUD. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED UNAN]MOUSL Y. ....... Consideration of accepting revised Fields of Hillside Hurst preliminary plat as being consistent with oril.!inal preliminary plat. " . 'j'" .TeffO'Nei]1, Deputy City Administrator, asked the Planning Commission to review a revised plat for this site to see if it is consistent with the original preliminary plat previously proposed. O'Neillnoted several changes to the plat including the revised pathway system removing the trail from the pipeline easement, adding that it is a nice park and trail plan that the Parks Commission is in favor of. O'Neill advised of an issue that had considerable discussion on which was regarding value of the land and compliance with R-I standards. with R-I A to follow. Previous action was taken to deny a PUD and adhere to the subdivision standards. O'Neill stated there is now a new developer who is aware of those concerns and the desire for upper end housing on that site. The number of lots increased slightly and engineering data needs to be brought up to date before bringing it before the City Council. Frie advised approval should be contingent upon details of the City Engineer regarding sewer and storm water. Bob Pearson. owner/developer, provided a sketch of the changes they had made. He also -19- 5E ~.~._"",.._-..- Planning Commission Minutes - 02/04/03 introduced developer HCHvard Triggs. Pearson advised that they made the changes to the . trails after discussions with staff and input from the Parks Commission. There will be sidewalks on all streets, trail access tying in with the Spirit Hills development a reduction in the number of crossings over the pipeline and improved ponding. The engineer is working on drainage problems out of the Rolling Hills development and \vill correct them. Pearson provided the general layout and stated they anticipate 85th Street to be shifted to the sOllth versus north. Hilgart questioned if there would be a number of builders and Pearson noted that had not been determined. Triggs added that they are currently working with 6 builders. I-IiIgart asked about layout and Triggs advised that the site slopes to the south and they will provide complete plan sets within the next week for staff to review. Staff advised that the developer must adhere to the R-1 standards. Pearson added that all changes have been enhancements to the layout and these will not be entry level homes. anticipating approximately $200,000+ homes. It was questioned if the developer would be back with plans for the property to the south but it was advised that they are not in possession of that property at this time. Smith stated he was still concerned with R-l A standards that were promised by the previous developer and Pearson stated that he was not familiar with the City's R-]A standards but felt that they would meet them, although the property is zoned R-] and they need to abide by those standards. A MOTION WAS MADE BY DICK FRIE ACCEPTING HILLSIDE FARMS AS BEING SUFFICIENTL Y CONSISTENT WITH THE FIELDS OF HILLSIDE HURST PROPOSAL, CONTINGENT UPON DETAILS BEING ACCEPTABLE BY THE CITY ENGINEER REGARDING SEWER AND WATER. THE MODIFIED PLAT MEETS APPLICABLE CONDITIONS ORIGINALL Y NOTED WITlI THE FIELDS OF .- HILLSIDE HURST PLA T, AND TilE CONDITION THAI' THE LOT SIZES MUST BE INCORPORA TED AND VERIFIED BY STAFF, PRIOR TO PROCEEDING TO THE CITY COUNCIL. ROD DRAGSTEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSL Y. 12. Consideration of providing input on Qoals and proiects for the City. Chair Frie recommended that Planning Commission take this under consideration and bring back to the March meeting. 13. Adjourn A MOTION WAS MADE BY ROD DRAGSTEN TO ADJOURN TI-IE MEETING AT 1 ]:15 P.M. RICHARD CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSL Y. Recorder -20- --- - '--~, .'.'L~::~~,i:~, .__ . . . , '.' \.1 , . . . 11. A. Planning Commission Agenda - 2/4/03 Consideration of acceptinl!: revised fields of Hillside Hurst preliminarv plat as beinl!: consistent with orieinal preliminarv plat. (JO) (t rf) ,3 () h R- \ 6 (.".., ~ ~O /\ U ;..---"-=-1 --- ~;p; REFERENCE AND BACKGROUND: . ~ . I I. ,. . Some months ago the Planning Commission reviewed The"Fields of Hillside Hurst" preliminary plat and granted approval subject to a variety of conditions. As I recall, the Planning Commission was especially impressed with John Arkel's (developer) goals for the site in tem1S of building value. He was given R-I zoning status by the Plmming Commissionsomewhat b.as~_d on.his stated goal of :-'1 ~~l. .' ",,~,,::-~,.""~"': ,'.", '.,'" " . . ",' ~ building R-IA caliber homes. - /\~' ";:.; '~:" '~.~:'h...'~} ~;t'i~"d,>';,'n~~:,n.~~),.l ~.1('i,\: ,i~'.':',~'. ('?I: ,,:' ,:; ,11....:.:>; ( -: i" ",~ '.1 Subsequently to this approval by the Planning Commission, Arkel withdrew from the project and the property was picked up by two new developers (Howard Triggs and Bob Pearson). Please note that the original preliminary plat was never reviewed by City Council. Planning Commission is asked to review the changes made to the original preliminary plat by Triggs and Pearson and determine of the plat is consistent with the approved preliminary plat or should it be submitted as a new plat and thus be reviewed via a public hearing process. Parks and Trails: The original plat included a linear park/trail system extending along the pipeline easement through the middle of the plat. The new plan removes the trail from the pipeline easement and turns this area into private rear yard space. Adequate pedestrian access through the site is provided by sidewalks. In addition, park area in the gas line easement area are removed from the plan. Use of the gas line easement as a location for trail/park area is not in favor with the Parks Commission due to limitations in park developed caused by the presence of the pipeline. It was their view that sufficient area park resources exist at the future Water Tower park and at the Rolling Woods Park. The new plat shows shifting of the access from a point near the intersection of Fenning and 85th to a location fUl1her to the north. This shift in the access point is acceptable. This access will provide a relatively private access to the area and will not serve as a collector street. I the future, it is expected that an east/west road serving as a Fenning Avenue to County Road 18 connection will intersection Fenning Avenue at 85th Street and be extended through the Holker property. In terms of trail and road connections, Hillside Farms matches the Spirit Hills plat. On the other hand engineering issues relating to location of sanitary sewer, water and storm sewer are not completely resolved. Therefore any approval must be conditioned on provision of engineering data that supports the plat as designed. The original engineering submittals need considerable work. B. ALTERNATIVE ACTIONS: L Motion accepting Hillside Farms as being sufficiently consistent with Fields of Hillside Hurst. Motion includes the requirement that the modified plat meet applicable conditions originally 1 -Sf: Planning Commission Agenda - 2/4/03 . noted with the Fields of Hillside Hurst plat 'with the addition that lot sizes must be incorporated into the revised plat and verified by staff. 2. ., , ,.! :-"::' " f" . Motion to den{acceptance of Hillside Farms as being consistent with approyed preliminary plat and require that the developer submit an applic~tion for preliminary plat approval, C. STAFF RECOMMENDATION: It is the view of Planning Staff that the new plat is somewhat consistent with the old plat to allow iUo be submitted to the City Council. The subtle changes that have been made enhance the plat. The recommendation to approve is done with caution as the engineering detail needs to be developed that shows how the site will be served with sewer, water and storm sewer service. D. SUPPORTING DATA: " · Minutes form Fields of Hillside Hurst approval along with associated conditions · Copy of Fields of Hillside Hurst plat · Copy of Hillside Famls plat Draft of Park and Trail plan for area . . 2 5E ~..l. . . . 1~~! - 0)0 PI8nning COlllmission Minutes - 05/{)7/02 9. Public I-Icarinl! - Consic..kration ofa rcc..luest for u zonin!.! map amendment n:-zoninl! i'rom /\l!riculture ~ Opcn Snace to Rcsidcntial: Consideration of a request for concept and de"clorllm:nt stal!C planne.:d unit de.:vclo[1me.:nt allo\\inl! sinl!k famih residential home.:s and Consic..kration of a nrc.:liminarv plat for the Fields of Hillside Hurst. Annlicant: John Arkell/Carrial!e.: I-1ome.:s Sten: Grittman provide.:d thc staff report. Grittman re\iev'cd the.: connection [0 851h Street at the south\\cst corne.:r of this project. ponding, connection to the north through the proposed Maple.:\\ood Dcve.:lopmenl. and Park Dedication. I Ie addt?d accommodating some open space arcas at the.: edgcs. as \vell as corner spaces, and wOiJdhlIlds: stating this \vould be a n:quirement in the landscape plans. Chair hie opened the public hearing. Gary Nordlocken. hJ\\'nship reside.:nt. asked ho\\ large.: the.: holding pond \\'ould be and \\hat is its capacity. Grittman stated he belie\cd that the \'vater that is intended to "sit"' in the pond is approx. -4 fed, adding that possibly in .May there would he anothe.:r :) to 4 ket in depth that would then drain back. There is an outlet. (YNe.:ill added that the cit\' e.:nl!ineer is well aware orthe v"ater drainal!e in that '......"' - .... are.:a and \vill handle that. ad\ising that the city engineer \\'ould be at the May 13 city councilllleeting to discuss as \\ell. tvlario Cuchare.:lla, Maplc\\ood De\'e.:lopmenl. stated they recently closed on the Shultz property, stal<.:d he.: t\:ltthey u)lIld bL' ~lcconllllodating \\ith streets and pl~lI1s and \\ould also like a copy or the.: applicant's plans. lie stated the issue to them is access to sanitary se\\er and hc is assuming thatthe.:y \\ ill he.: bringing this to the.: north or thcir site as they \\ould nee.:d acce.:ss as \\ell. lie also added that the issue \\'ith zoning has kept thcm rrom pursuing rurthe.:r. l.orcn O'Brien. rcside.:llltl) the \\estllt' Shultz propt?rty, asked the numh~r of lots and appliclI1t sLllc.:d they an.: propl)~ing lW homes. AI~,o ask~J ahout zl)ning and\\Tiatis------... r~.1:0Jll1,,~<J~;b-eJ()~nthe cit\'~ land use plan/---Grittman st~lted it currently c~llls for" R-I.'\ zoning and O'Bricn asked \\h~ that \\mIld be zoned difkrcnt. O'Neill stated that stalT\\ill be linc tuning and \\\)lIld be hh)king at R-I and R-l:\, also stating that the apk\\ood propcrty may Ill)t mL'etthe R-I A stand ' . > . \' of the land and the / 11 Jact or the.: cell to\wr 'Neill aliLkd that primarily the R-I A zoning \\ould he \\'ht:'re the.:re.: is land \\it 1 1111s and vie\\s. trL'CS, IW gas lines, etc. Price range per applicant is $200,OO()+. Craig I'vladse.:n, resident in thc \\'ikhn)l)d Ridge dc\'elopment. asked \\hat that development and Rolling\\'olKis lkn.'ll)pment an: zoned, and Grittman statcd R-I. Jl)hn Arkel!. applicant. stated the.:y came in .IS an invite from staffw do a second tier proje.:ct. doing an R-l de.:\el\)pmcl1t \\ith R-I;\ standards as the land is t1at \\ith no trt?es. The.:y ha\'c clwscn tl) pn)ceed as he l~'cls this community has the need and it can be lhme here. -,\Iso statcd th~ltthL' Shultz pl"l)perty across from the dC\l'lopl11t?nt \\ill stay as it is - I 0- 5( . . . Planning COl11mission rvlinlltes ~ 05/07/02 \\hich he t~els is an asset. The puhlic h~aril1g \vas then closed. Chair Frie asked that knowing the opinion of the staff regarding PUD. why apply for that and the applicant agreed that it is not necessary. He stated that he was U\\are of the conditions listed in Exhibit Z. Applicant \vas asked about his concern \vith R-l A standards and Mr. Arkell stated his concerns were with d~nsity. adding that the Parks Commission pulled out two of their lots already. Arkell also stated that \\hen they began they did not know there would be that many exits. or that they \\ould lose the two lots. as well as gas lines in the area. Herbst asked if this ",' oncd R-I A could they meet the density requirement at stated he di igur' this in and if he coulc get llnltS t 1ey cou l meet the standards. O'Neill also asked the applicant that if this were to be zoned R-I and the applicant chose to build R-I A standard homes. what \\ould be the city's guarantee that this \\ould occur and Arkell stated that perhaps they could state this in the develo ers al!reement. otherwise he \vas not sure what he could do to guarantee the city. Mr. Madsen. resident. state 1<1t th t 1ey pUI . se it was on a hill with a \ie\v and he felt Arkell \\as not correct in that his land did not meet the R-I A standards. but Arkell statc:d there is a hill. hut no trees. Grittman stated they actually could apply PUD zoning to this \vhich \\ auld enQble the applicant to get that number of lots on an R-I A. suggesting that the planning commission may \\ant to appro\e a PUO concept rather than denying. suhjt.'ct to \'eritication of zoning standards. Applicant stated he \\anted the PUD to he denied. but wQnted zoning to be R-J. A MOTION WAS MADE BY ROD ORAGSTEN TO RECOi\IMEND APPROVAL OF THE RE-ZO:\I~G TO R-I. SUBJECT TO FINAL ANNEXATION APPROVAL BASED ON A FINDINC; TI-IA T IT IS CONS[STENT \VITI..\ THE CITY'S LONG TERl'v1 LA1\D LiSE PI.AN. R[CHARD CARLSON SECONDED THE l'vlOTION. Motion carried unaninwusly. A MOTION \\'.-\S MADE BY ROD DRAGSTEN TO RECOMMEND APPROVAL OF T[-IE PRELlr.[I:JARY PLAT. SUBJECT TO COND[TIONS LISTED IN EXI-IIBIT Z. BASED ON A FINDING THAT WITH APPROPRIATE CONDITIONS. THE PLAT 'v\"OULD rv[EET THE CITY'S INTENT FOR SINGLE FAMIL Y SUBDIVISION IN TI-I[S AREA. RICHARD CARLSON SECONDED THE MOTION. f\/[otion carried unanimously. A MOTION \\'..-\S l'vIADE BY ROD DRAGSTEN TO RECOrv[~'lEND DENI.A.L or THE PLANNED UNIT DEVELOPMENT FOR THE FIELDS OF HILLSIDE HURST. ROBB[E Sr.,IITI-I SECONDED THE 1\IOTION. Motion carried unanimoLlsly. -I 1- Sf- . . Planning Commission Agenda - 05/7/02 9. Public Hearinq: Consideration of a request for a rezoninq from A-D, Aqriculture-Open Space to R-1, Sinqle Familv Residential. Preliminary Plat. and Development Stage PUD for an 80 lot subdivision known as The Fields of Hillside Hurst. Applicant: John Arkell/Carriaqe Homes. (NAC) A. Reference and Backqround. The developer is seeking a number of approvals subject to approval <?f ~he al}nexation of a 40 acre parcel directly west of the Rolling Woods development. The project area is south of the 40 acres that contain the Monti Club Restaurant and the "Maplewood Development" parcel, currently unplatted. Staff had reviewed a concept plan in early winter that had raised a number of issues. The applicants have revised the plat slightly, addressing some of those concerns, and are now seeking zoning, plat, and PUD approval. Following is a summary of those comments, and how the redesigned plat has responded to those items. 1. Connection to 85th Street at the southwest corner of the proiect. The site plan shows an access street north of 85th Street which appears to be a problem because it does not line up with 85th Street at this location. Originally we asked the developer to shift the access street to the south to line up with 85th Street. We now have shifted our thinking and agree with the landowner to move the access street to the north because the sight lines are better at this location and he also owns land on the other side of Fenning which will enable a future shift of 85th Street to the north. Simply put, the new access point will be the future intersection of 85th Street when the property on the west side of Fenning is developed. 2. The pond. No homes can be constructed in the area of the pond because the elevation of the land is too low relative to the sanitary sewer line being extended from the north. Due to this site constraint, this area is reserved for the pond. As noted in previous discussions regarding pond placement, we are trying to locate ponds in places where they can be a significant amenity for the development. Even at this-Iocation-, if designed and maintained well, the pond can be an amenity for the development. To make the pond an amenity, planning staff would encourage a design that is more natural in shape, and has exposure to the interior of the neighborhood. It is understood that the elevations of the site and the gas line easement impact the layout. 3. . Connection to the north throuqh Maplewood Development. The developer now shows a connection to the north along the west tier of lots parallel to Fenning Avenue. This connection is to be coordinated with Maplewood Development if they continue to have an interest in that parcel. The two developer have met fjL . . . Planning Commission Agenda - 05/7/02 regarding plat design and appear to be coordinating efforts. 4. Park Dedication. The Parks Commission has reviewed the plan and suggest that a single neighborhood park be considered in the central portion of this plat, specifically noting Lots 3 and 4, Block 7 as a suitable location. Important considerations included frontage on two streets, and the avoidance of a scattering of small outlots as proposed by the developer. The applicant also shows trail connections along the gas line easement and in the northeast corner of the plat. The gas line easement would connect to the Water Tower park, and the northeast corner would connect Rolling Woods with Wildwood Ridge, both through the future Maplewood Development plat. Other Plat Review Issues. a. Lots 1-3, Block 10 in the northern portion of the plat show steeply graded slopes rising from the rear yards. The new plat review standards considered as a part of the zoning district revisions include a requirement that there is at least 30 feet of usable rear yard. No slope over 6: 1 should be located closer than 30 feet to any building pad. b. The plat is designed as a standard R-1 plat, with 80 foot minimum lot widths, 30 foot front yard setbacks, and 12,000 square feet minimum lot areas. No averaging, now allowed in the R-1 District, is proposed in this plat. c. The ordinance revisions relating to new plats require landscaping to establish naturalized woodlands in open areas and/or at the edges of the project. No landscaping plan is included with the submission at this time. There would appear to be a number of opportunities to incorporate this concept, including along the eastern edge near Rolling Woods, in the open space area along Fenning (adjacent to the street entrance), in the center of plat along the cross street (Street "B"), and at the north side of the plat, currently labeled "Outlot BU. In addition to these, staff would note the discussion above relating to the pond area, as well as. lots that back on to major streets, in this case, Fenning Avenue (Lots 4- 11, Block 9). d. Planning Staff is unsure why the PUD request has been made for this plat, since it appears to be a standard subdivision design. PUD is a process intended to provide for flexibility in strict zoning regulations in exchange for creative design that results in some tangible increase in the neighborhood's quality or open space. e. The rezoning to R-1 is consistent with the proposed land use plan. This site was 50- . . . Planning Commission Agenda - 05/7/02 not designated for R-1 A since it has neither the expansive top-of-the-hill views, nor any natural tree cover. As a new plat, it will be subject to the revised R-1 building sizes recently adopted by the City. f. Fenning Avenue - There is potential for road widening and development of a pathway along Fenning Avenue. The space needed for these improvements needs to be incorporated into the plat. The City Engineer will be reviewing the plat to determine if additional right of way width is needed. B. Alternative Actions. Decision 1: 1. Motion to recommend approval of the Rezoning to R-1, subject to final annexation approval, based on a finding that it is consistent with the City's long term land use plan. 2. Motion to recommend denial of the rezoning as premature. Decision 2: 1. Motion to recommend approval of the Preliminary Plat, subject to conditions listed in Exhibit Z, based on a finding that with appropriate conditions, the plat would meet the City's intent for single family subdivisions in this area. Motion to recommend denial of the plat, based on a finding that the plat layout is inconsistent with the Comprehensive Plan and zoning recommendations for single family subdivisions. 2. Decision 3: 1. Motion to recommend approval of the Concept and Development Stage PUD for the Fields of Hillside Hurst. 2. Motion to recommend denial of the PUD for the Fields of Hillside Hurst. C. Staff Recommendation. Staff recommends approval of the Rezoning, to be adopted at the time of the approval of the final plat. This area is designated for R-1 subdivision in the proposed plan. As noted in the discussion, the site is probably not consistent with the requirements for and R-1A designation. 5E- Planning Commission Agenda - 05/7/02 . With regard to the plat, staff would recommend approval only with the conditions stated in Exhibit Z. The City's recent discussions surrounding single family housing quality have generated proposals on a number of topics, including building design and size, lot design, and neighborhood design. The plat stage is the City's opportunity to integrate the neighborhood design element into the process, rather than leaving the layout to a mere engineering exercise. While sewer availability, stormwater, and street requirements dictate certain design elements, the City has stated that more than this needs to be incorporated into the process. As a result, staff has set out a series of proposed conditions for incorporation into a development on this site. The PUD does not appear to be necessary for this project, and staff recommends denial of the PUD proposal. D. Supporting Data. . 1. 2. 3. 4. 5. 6. Site Location Map General Development Plan (dated 4/17/02) Preliminary Plat Preliminary Grading Plan Preliminary Utility Plan Survey and Natural Features . s~ Planning Commission Agenda - 05/7102 . The Fields of Hillside Hurst . . Exhibit Z, Conditions of Plat Approval i: ~ 1. Redesign the pond to have a more natural shape, and the avoidance of the long, straight slope at the perimeter of the site. 2. Require a roadway easement on the west side of Fenning Avenue to enable future shift of 85th Street intersection. 3. Revise the park dedication to meet the recommendations of the Parks Commission, including a centralized neighborhood park location, and trail _I connections that utilize the gas line easement. Eliminate the series of small ""O~... outlots for park dedication, with the exception of Outlot 0 to be used for trail I" connection to Wildwood Ridge. 4. Provide for a minimum of 30 feet of depth in all rear yards of usable space, at slopes of no greater than 6: 1 , . 5. Prepare a landscape plan that incorporates naturalizing materials around the pond, as well as naturalized woodlands in open spaces and at the edges of the plat area, as noted in this report. Provide road width/easement necessary to support potential widening of Fenning " Avenue sufficient to accommodate road and pathway. Easement area needed to 1'" be determined by the City Engineer. 6. ~ 7"'s~ iltM f -/0 A ( . to ANtlAb.4, .. 5~ I. (i.AflJ, f- e: ,!;: p c.'1 '-' ..,) ~U OIA ft.I\"'Q . . 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REFERENCE AND BACKGROUND: The Front Street Improvement Project included the repair of the Walnut Street 42" storm sewer outlet to address erosion issues. During construction it was decided that a trash guard should be added to the existing tlared end section. Change Order No.2 addresses the costs to furnish and install a 42" trash guard at a cost of $875.00. This increases the contract amount to $211,8] 1.30. B. ALTERNATIVE ACTIONS: 1. Approve Change Order No.2 on the Front Street Improvement Project No. 2001-06C increasing the contract amount by $X75.00. 2. Do not approve the change order. C. STA~'F RECOMMENDATION: . It is the recommendation ofthe City Engineer to approve Change Order No.2 to the Front Street Improvement Project No. 2001-06C increasing the contract amount with Schluender Construction by $875.00. D. SUPPORTING DATA: Copy of Change Order No.2 . CHANGE ORDER NO.2 FEBRUARY 24, 2003 FRONT STREET aEET RECONSTRUCTION, UTILITIES, AND APPURTENANT IMPROVEMENTS ~Y OF MONTICEllO PROJECT NO. 2001-06C WSB PROJECT NO. 1160-46 OWNER: CITY OF MONTICEllO 505 WALNUT STREET, SUITE 1 MONTICEllO, MN 55362 CONTRACTOR: SCHlUENDER CONSTRUCTION, INC. 3331 . 90TH STREET NE MONTICEllO, MN 55362 YOU ARE DIRECTED TO MAKE THE FOllOWING MODIFICATIONS IN THE CONTRACT DOCUMENT DESCRIPTION: THE FOllOWING CONTRACT QUANTITIES ARE MODIFIED AS SHOWN ON THE ATTACHED DETAIL. IT IS UNDERSTOOD THAT THIS CHANGE ORDER INCLUDES All ADDITIONAL COSTS AND TIME EXTENSIONS WHICH ARE IN ANY WAY, SHAPE, OR FORM ASSOCIATED WITH THE WORK ELEMENTS DESCRIBED ABOVE. CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: .INAl CONTRACT PRICE: PREVIOUS CHANGE ORDERS: NO.1 CONTRACT PRICE PRIOR TO THIS CHANGE ORDER; NET INCREASE/DECREASE OF THIS CHANGE ORDER: CONTRACT PRICE WITH All APPROVED CHANGE ORDERS: $197,987.80 $12,948.50 $210,936.30 $875.00 $211,811.30 ORIGINAL CONTRACT TIME: NET CHANGE FROM PREVIOUS CHANGE ORDERS: CONTRACT TIME PRIOR TO THIS CHANGE ORDER: 9/20/2002 NONE 9/20/2002 NET INCREASE OF CHANGE ORDER: NONE CONTRACT TIME WITH APPROVED CHANGE ORDERS 9/20/2002 RECOMMENDED BY; ~AW~ BRET A. WEISS, P.E., PROJECT MANAGER APPROVED BY: CONTRACTOR SIGNATURE WSB & ASSOCIATES, INC. ENGINEER SCHlUENDER CONSTRUCTION, INC. CONTRACTOR APPROVED BY: ~~~EER MAYOR DATE . CITY ADMINISTRATOR F:\ WPW/Nl1160461ExceflFront Street Recon CO-2\CO-2 . . . CHANGE ORDER NO. 2 DETAIL February 24, 2003 FRONT STREET STREET RECONSTRUCTION, UTILITIES, AND APPURTENANT IMPROVEMENTS CITY OF MONTICELLO PROJECT NO. 2001-06C WSB PROJECT NO. 1160-46 ADDED QUANTITIES ITEM NO. DESCRIPTION CTY UNIT PRICE TOTAL 82 2501.602 42" TRASH GUARD 1.00 LS $875.00 $875.00 TOTAL ADDED QUANTITIES $875.00 NET TOTAL CHANGE ORDER NO.1 $875.00 F:\WPWINlExceI\1160-46\Front Street Recon CO-2IC02 Detail . 5G. . . City Council Agenda - 03/1 0/03 ment REFERENCE AND BACKGROUND At the previous meeting of the City Council, Council voted to approve the necessary zoning from agricultural to residential and Council also voted to approve the preliminary plat supporting the project(s). The vote on the approval of the Concept and Development stage pun failed on a 2-2 vote. The item was then continued to the next meeting oCthe City Councilor to a meeting where the full body of the Council could be present so that the tie could be broken. Subsequent to City Council review the developer has prepared a modification to the townhouse area design. The design amendments addressed the concerns expressed by City staff and members of the City Council. The developer stated that the new plan results in fewer housing units but has lower retaining wall costs and provide for a more attractive design. The preliminary plat supporting the new design is different than the design already approved by the City Council, therefore it is necessary to consider approval of the new plat in a separate motion. Following are some of the improvements to the site plan. . The road system includes looped street system which allows for efficient garbage collection utilizing automated pick-up. 'The street system also will provide for easy access to all units for tire fighting purposes. Sufficient on-street parking is accounted tlx. The original plan had awkward turn-arounds at the end of drives. . The new plan reveals 20 row house units and a decrease in the total number of units on the site resulting in additional green space. Twenty (20) standard row- house town homes units (windows on two sides) combined with 72 town home units located in 9 eight unit structures results in 92 units. The original plan called for two 6 unit buildings and 11 eight unit buildings resulting in a total unit count of 100 units. . By introducing walk-out town home structures at various locations, the amount of retaining wall needed has been greatly reduced. In summary, the site designer took a fresh look at the site and developed a revised site City Council Agenda - 03/1 0/03 . plan that represents a significant improvement over the original design. Minor modifications were made to the R-IA section of the property making it compliant with City standards. ALTERNATIVE ACTIONS Decision 1. 1. Motion to approve the Preliminary Plat of the Spirit Ilills residential subdivision. 2. Motion to deny approval of the Preliminary Plat of the Spirit Hills residential subdivision. Dccision 2. 1. Motion to grant concept and development stage PUD approval of the Spirit Hills residential subdivision. Motion contingent on final approval of the plans by the City Planner and the City Engineer. Motion based on the finding that the latest PUD plans as submitted, combined with the plans for landscaping and architecture result in a superior development. . 2. Motion to deny based on the finding that the proposed pun is equal to or inferior to a project following standard development design. STAFF RECOMMENDATION Staff recommends approval of the preliminary plat, concept stage and development stage PUD. Although staff does not generally prefer the eight-plex design, the latest revision to the plans shows a creative response to the various site constraints. Issues regarding garbage collection process have been resolved. The total unit count has been reduced to allow for more green space and 20 row-house style units have been added. In addition, much of the retaining wall has been removed. All in all, the new plan is in our view a significant improvement over the original plan. SUPPORTING DATA Lettcr from Dcveloper's Enginecr Copy of plan set . 2 I -w- I Schoell & Madson, Inc. Engineering · Surveying · Planning Soil Testing · Environmental Services WINW. schoellmadson. com March 5. 2003 City of Monticello Mr. Jeff O'Neil Community Development Director 505 Walnut Street Suite 1 Monticello, MN 55362 Subject: Spirit Hills Gentlemen: Enclosed are revised preliminary plans for the proposed Spirit Hills development. In general, the revisions address the conditions in the staff report for the February 24, 2003 City Council meeting. Following are our responses to the conditions: Single Family Area - South ," 1. The street connection to Fenning Avenue is straightened as requested. V" 2. The existing right of way of Wildwood Boulevard connects to the east plat line with a horizontal curve, which cannot be reasonably extended intG Spirit Hills. Therefore. the right of way will not align properly. However, we propose to reconstruct the west end of the existing street to properly align with the Spirit Hills street. ;iJ 'to 3. The curb radius on the cul-de-sac is increased as requested. v: "~....w ~<'.,/(,~ ":. 4. The sidewalk is extended in Wildwood Boulevard to Wildwood Way as requested. p(.~ t I ~/c(,k ~ 5. The trail easement in the northeast corner of Outlot B is shown as requested: v/' tC' '" {. t \J Ned S-\ te /I" H.t Townhome Development - North e.c...SI2 ~,...<; The site plan for the townhomes area has been redesigned to address the conditions. The plan now consists of 20 row townhomes and 72 back - to - back townhomes for a total of 92 units. This is a reduction of 8 units from the plan reviewed by the Planning Commission. The row townhomes will have basements, most of which will be walkouts. They are used to help provide grade transition across the site. The building locations have been adjusted to reduce the retaining walls required. The total retaining wall required on the plan is about one third of that on the previous plan. WW\..\ l::>"-^. 'S ~ ttC\.t- v..t '-,. ""'1l{,,""D '13 ($, R../(-,"\) wq L f1 {I f" "c..H "!;.I. evv lu~. Affirmative Action Equal Opportunity Employer F:\CAROLEJ\word\Vacati'ft55'2lf1~a~~.1gnulevard, Suite 1 . Minneapolis, MN 55305-1525 Office (952J 546-7601 · Fax (952J 546-9065 50 SCHOELL & MADSON. INC. Mr. Jeff O'Neil March 5, 2003 Page 2 This site plan also adjusts the Street E connection to J ason Avenue to opposite the church driveway as required by Wright County. This does shift the street east farther than desirable. The plan shows a front set back for the building on Lot 4, Block 1 of 25 feet to accommodate this necessary street connection location. 1. The site plan has eliminated all dead end private streets, thus addressing this condition. 2. The private drive width shown on the plan is 29 feet back of curb to back of curb or 28 feet face to face as requested. As all streets are now through streets, they are all required to be 29 feet wide. The result of eliminating the dead end private street is that the streets must be wider as well. We strongly believe 24 feet to be an adequate street width, especially when off street parking is provided. This is consistent with the initial criteria provided by staff that the building separation be 74 feet consisting of a 24 foot wide street and 25 foot long driveways to garages. 3. The new site plan has eliminated this intersection. 4. The pathway is shown in the easement outside of the county right of way as requested. 5. Connection of the pathway at the comer of Street E will require a steep grade on the pathway. The alignment as shown increases the length of the trail and reduces the grade. 6. The new site plan with 92 units requires 31 stalls. The plan shows 13 spaces along Street E and 19 spaces along the private streets for a total of 32. 7. The new site plan significantly reduces the amount of retaining wall and increases the amount of green area within the development. The site plan efficiently utilizes a combination of public and private streets to provide access. The reference to "the degree of pavement and driveways" is compounded by the requirements for 29-foot wide private streets. We believe the site plan revisions address all the listed conditions. Weare requesting a 25-foot front set back on one building and consideration of reduction in the private street width. Very truly yours, Schoell & Madson, Inc ~~~ Kenneth Adolf Cc: Steve Grittman Bret Weiss Maplewood Development F:\CAROLEJ\word\Vacation\City of Monticello.doc '! !\1\/--1 \ \ \ \ \ \ f'" \ , L ,_,_~JC'-:>__, L_., ~ \ \ \ \ " Iii ')., -', I I =.' ><~ (J-Jj I !: I. > "'j . I ;, TI "", I /,./ "'" , \.......,',..._.J '....., I: " -} " ' I ; I ! 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J-, '/' -If) o~o GD~' , '\ uD ~..... r'\ 'q!J JJ ~ ~ (j- ,--;:;- .,--7 -rf'i _ _n..' ,____ ,-1 1...4. a= ID 00::; o(j~oi S -:3 Ol ' .<( - ~~ z.......... Z I-"- (/) r'-. 1i'u:JO~ ~- ~:1: ~OU)~.... N~ ~ I 0 !;l W ~ ., ~ ...J~ <( i:X t~:Z '" 5~ ~ :::;< ~;;j ~ d . j I. ~!~~~~~ I ,,;\:;;0;0; ~ ~ I ~ i1jlh: i {ltUU 11!!iUI 3 Il!lU! ~ ~BHh u 1"" '- c ID ID II C) Z - o ... - ::) aa ... - Z ::): GO ... C CJ - Do )00. I- '\ -J. , :llw \ .' mh.. ..~ h'~ -~~ 1-, +-1- II( c 0-- -, I I I \ ;/1'." t. L~-t (\i/~ \1 Z \ ./Y';\ ~ \ ~I(), C \'\, ~\\I 6\ ; '" ~-- > " I UI Q " J \ ~ ~ :--. i ,0- ," --1 DC ......,...- II( ,\ t\ , -J(r -:(i- ' \!iJr;; - I \ \\\\~, City Council Agcnda - 03/ I 0/03 51-1. Consideration of a reauest for a special home occupation permit allowin2: photographic studio in a residential district. Applicant: Wayne and Patricia Maver . (.10) REFERENCE AND BACKGROUND The Planning Commission conducted a public hearing on this matter, received no negative comments, and recommended approval per alternative 1. Wayne and Patricia Mayer arc requesting a special home occupation permit allowing a photography studio to operate in their home. Photography studios arc allowed hy special permit in residential districts with conditions. The home is located at 2530 Briar Oakes Blvd. The Mayers have reviewed the conditions and have agreed to operate the home occupation following terms prescribed by city code. Please see the attached Administrative Permit - I-Iome Occupation Checklist for detail regarding general standards for operating a home occupation and meet the specific standards relating to operation of a special home occupation. . Please note that among other items, the code says that only one vehicle relating to operation of the home occupation can he parked off street at one time. This requirement is likely to be the only requirement that the applicant may fail to comply with from time to time. Planning Commission discussed management of the home occupation to get a feel for the level of business activity and the likelihood that multiple vehicles could be parked at the home at anyone time. ALTERNATIVE ACTIONS I. Motion to approve the special home occupation request based on the finding that the method of operation proposed is consistent with standards identified in the City Code. 2. Motion to deny approval A motion to deny approval should be made irthe applicant will not be able to follow code. Based on previous conversations with the applicant, following the code is not expected to be a problem. STAFF RECOMMENDATION City statf and Planning Commission recommend alternative I. SUPPORTING DATA . Administrative Permit Information - Home Occupation Checklist Completed Application l,cHer of support from neighbor . . . CITY OF MONl'ICELLO CO:MMUNITY DEVELOPMENT DEPARTMENT PO Box 1147, 250 E. Broadway Monticello, MN 55362 (612) 295-2711 ADMINISTRATIVE PERMIT..HOME OCCUPATION CHECKLIST AND INFORMATION Complete application form~ signed by the prop~rly fee owner. Fee per current City of Monticello Fee Schedule. A home occupation permit allows certain commercial use of residential land that is clearly incidental or secondary to the principal residential use of the properly. The purpose of the permit process is to protect the value of residential property by assuring that commercial use of residential land is properly regulated and conducted in a manner consistent with rules governing the operation of home occupations. The information required with this application will assist the City in determining if a permit may be issued directly by staff, if a special permit is necessary, or if the proposal does not meet the minimum requirements of the special permit. PROCESS After the City receives your application, the following steps will be taken: 1. City staff will review the application and determine that the home occupation meets the requirements of the ordinance. If so, City staffwill issu~ a permit directly. 2. Home occupations not eligible for a permit may qualify for a "special permit." If so, the applicant must pay a special permit fee in the amount of $125. The matter will then be reviewed by the Pl~nning Commission and City Council via the public hearing process. 3. City staff is responsible for rejecting home occupation proposals that do not meet the minimum requirements for a permit or special permit. FOLLOWING IS SECTION 3-11 OF THE MONTICELLO ZONING ORDINANCE PERTJ\INING TO HOME OCCUPATION PERMITS: 3-11: HOME OCCUPATIONS: [A] Pm:pose. The purpose of this section is to prevent competition with business districts and to provide a means through the establishment of HOMEOCC.HA.L'i: 1/30/95 Page 1 6H- specific standards and procedures by which home occupations can be conducted in residential neighborhoods without jeopardizing the health, safety, and general welfare of the surrounding neighborhood. . In addition, this section is intended to provide a mechanism enabling the distinction between permitted home occupations and special or customarily "more sensitive" home occupations so that pennitted home OCcupations may be allowed through an administrative process rather than a legislative hearing process. [B] Application. Subject to the non-confOrming use provision of this section, all occupations conducted in the home shall comply with the provisions of this section. This section whall not be construed, however, to apply to home OCcupations accessory to farming. [e] Procedures and Pennits. 1. Permitted Home Occupation. Any permitted home Occupation as defined in this section shall require a "permitted home occupation permit." Such permits shall be issued subject to the conditions of this section, other applicable city code provisions, and state law. This permit may be issued by the Zoning Administrator or his agent based upon proof of compliance with the provisions of this section. Application for the permitted home occupation permit shall be accompanied by a fee as . adopted by the Council. If the Administrator denies a permitted home Occupation permit to an applicant, the applicant may appeal the decision to the City Council acting as the Board of Adjustment and Appeals, which shall make.the final decision. The permit shall remain in force and effect until such time as there has been a change in conditions or until such time as the provisions of this section have been reached. At such time as the City has reason to believe that either event bas taken place, a public hearing shall be held before the Pl~nning COmmission~ The Council shall make a final decision on whether or not the permit holder is entitled to the permit. ~ 2. Special Home Occupation. Any home occupation which does not meet the specific requirements for a permitted home occupation as defined in this section shall require a "special home occupation permit" which shall be applied for, reviewed, and disposed ofin accordance with the provisions of Chapter 22 of the zoning ordinance. 3. Declaration of Conditions. The Planning COmmission and the . Council may impose such conditions of the granting of a "special HOMEOCC.HAN: 1/30/95 Page 2 . . 8. . HOMEOCC.HAN: 1/30/95 home occupation permit" as may be necessary to carry out the purpose and provisions of this section. 4. Effect of Permit. A "special home occupation permit" may be issued for a period of one (1) year after which the permit may be reissued for periods of up to three (3) years each. Each application for permit renewal will be reviewed by City staff. City staff will determine whether or not it is necessary to process permit renewal in accordance with the procedural requirements of the initial special home occupation permit. Staff determination will be made based upon the manner of operation observed by staff and based upon the level of complaints made about the home occupation. 5. Transferability. Permits shall not run with the land and shall not be transferable. 6. Lapse of Special Home Occupation Permit by Non-Use. Whenever within one (1) year after granting a permit the use as permitted by the permit shall not have been initiated, then such permit shall become null and void unless a petition for extension of time in which to complete the work has been granted by the Council. Such extension shall be requested in writing and filed with the Zoning Administrator at least thirty (30) days before the expiration of the original permit. There shall be no charge for the filing of such petition. The request for extension shall state facts showing a good faith attempt to initiate the use. Such petition shall be presented to the PJ;:mning Commission for a recommendation and to the Council for a decision. 7. Reconsideration. Whenever an application for a permit has been considered and denied by the Council, a similar application for a permit affecting substantially the same property shall not be considered again by the Planning Commission or Council for at least six (6) months from the date of its denial unless a decision to reconsider such matter is made by not less than four- fifths (4/5) vote of the full Council. Renewal of Permits. An applicant shall not have a vested right to a permit renewal by reason of having obtained a previous permit. In applying for and accepting a permit, the permit holder agrees that his monetary investment in the home occupation will be fully amortized over the life of the permit and that a permit renewal will not be needed to amortize the investment. Each application for the renewal of a permit will be reviewed without taking into consideration that a previous Page 3 -,- {ONL,I,r~ permit has been granted. The previous granting or renewal of a permit shall not constitute a precedent or basis for the renewal of a permit. [D] Requirements: General Provisions. All home occupations shall comply with the following general provisions and, according to definition, the applicable requirement provisions. . 1. General Provisions. a. No home occupation shall produce light glare, noise, odor, or vibration that will in any way have an objectionable effect upon adjacent or nearby property. b. No equipment shall be used in the home occupation which will create electrical interference to surrounding properties. c. Any home occupation shall be clearly incidental and secondary to the residential use of the premises, should not change the residential character thereof and shall result in no incompatibility or disturbance to the surrounding residential uses. d. No home occupation shall require internal or external alterations or involve construction features not customarily found in dwellings except where required to comply with local and state fire and police recommendations. . e. There shall be no exterior storage of equipment or materials used in the home occupation, except personal automobiles used in the home occupation maybe parked on the site. f. The home occupation shall meet all applicable fire and building codes. g. There shall be no exterior display or exterior signs or interior display or interior signs which are visible from outside the dwelling with the exception of an identification sign which is limited to identifying the name of the resident only. h. All home occupations shall comply with the provisions of the city code. . HOMEOCC.HAN: 1/30/95 .' . ," Page 4 (,61,..e f . 1. No home occupation shall be conducted between the hours of 10 p.m. and 7 a.m. unless said occupation is contained entirely within the principal building and will not require anyon-street parking facilities. J. No home occupation shall be permitted which results in or generates more traffic than one (1) car for off-street parking at any given point in time. [E) :ReQ.uirements: Permitted Home Occupations. 1. No person other than those who customarily reside on the premises shall be employed. 2. All permitted home occupations shall be conducted entirely within the principal building and may not be conducted in an accessory building. 3. Permitted home occupations shall not create a parking demand in excess of that which can be accommodated as defined in Section 3-5 [F] 6, where no vehicle is parked closer than fifteen (15) feet from the curb line. 4. . Permitted home occupations include and are not limited to: art studio, dressmaking, secretarial services, foster care, professional offices and teaching with musical, dancing, and other instructions which consist of no more than one pupil at a time and similar uses. 5. The home occupation shall not involve any of the following: repair service or manufacturing which requires equipment other than found in a dwelling; teaching wbich customarily consists of more than one pupil at a time; over-the-counter sale of merchandise produced off the premises, except for those brand name products that are not 'marketed and sold in a wholesale or retail outlet. [F] Reqll;rements: Spp,ci::t1 Romp, OCC'llp::tt1ons. Lo"'f\\( ') . 1. No person other than a resident shall conduct the home occupation, except where the applicant can satisfactorily prove unusual or unique conditions or need for non-resident assistance and that this exception would not compromise the intent of this chapter. 2. Examples of special home occupations include: barber and beauty services, photography studio, group lessons, saw HOMEOCC.HAN: 1/30/95 Page 5 l,6~/;'" sharpening, skate sharpening, Small appliances and small engine repair and the like. 3. The Special home OCCUpation may involve any of the following: stock-in-trade incidental to the performance of the service, repair service Or manufacturing which requires equipment other than customarily found in a home, the teaching with musical, dancing, and other instruction of more than one pnpil at a time. 4. Non-COnforming Use. Existing home OCCUpations lawfully existing on the effective date of this section may continue as non-COnforming uses. They sball, however, be required to obtain permits for their continued operation. Any existing home occupation that is discontinued for a period of more than 180 days, or is in violation of the provisions of this chapter under which it Was initially established, shall be brought into conformity with the provisions oftbis section. 5. Inspection. The City hereby reserves the right upon issuing any home OCCupation permit to inspect the premises in which the occupation is being conducted to ensure compliance with the Provisions of this section or any conditions additionally imposed. HOMEOCC.HAN: 1130/95 Page 6 . . . . crJ'\ OF :\]():\TICELLO ('( 1\1\11 ~,ll y I)IVII( 11)\;lL~1 /)LP;\I\! \11,.:\1 :"()"'i \\;i1lllI1 'itrcl'L Suitl' 1 \;111111IU:lllI, \-1;\ ))Vl2 (()]2) 2())-nll Plal1l1il1!.! ( ',ISl' ;i Q~~4 ,~J~\JJ 'iJ~ Ilt:~ILV E I' E R \11 T - II 0 \11 E 0 (' (' r I' /\ T ION ~,~tLJ(~I'I( )N/I'ERVlIT AppliGll1t N,IIl1l': J/t~ r~'U(' -;~ 1\..' L '-7). (r'I T K'. (C' uJ,.L!,:; \,. L" -/~ . ..__.__..__.____...._.f. ~) t' '"1 Address: c;7\ J .~-'( I !5'lt.' (A r< ;'f . ',b Oft t C. s.___,.__j.)_._l~__ ___.m nllsil1Css: .1k: 3 ,),95)- ,.J7:U- ZOl1cd: K' I Ph()l1c: II (lI11C: 7t./~ ....), 9 s" .3 Clf I l~lIsincss N,II11C: __.)JA e, \ c.. ,J..-( OA-ttjv-rs: the "(v'\fUlp_h~._._ 1. 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I h;l\ c rc\'ic\vcd Ihc rcgll/,'liO/1<; ,1.<;<;()Ci,llcd \\ith Opl'J'<I1ioll or a homc OCCLl/1<ltiol . ,lJ1d J h;I\'C rc\'i?cl(i1Y commellts. I do hLTchy agrcc 10 ;lhidc hy ,ill ('ity or MOllticdlubulllc occup<llio 1 rl'gllJatioll . . ( \."./.. ,';X# ~I Pile" starr /~ q(" ',7 . I . 7 &~ O"-~/ (i :2. , '" , --... .- .- -~.,- J),llc ---- Ire/ "IT: $I()/~ I{ccl'ipl /1. ~o ~~~***~*******~**~****~~*******t**t**~~*~**~***tt***t**t*t**tt*ttt~~~ttt~tt~tttt~***..tt*t~ (For City list' Only) It /1;IS hcc/1 dl'krt11illl'd hy sl,lI"!' Ih<lt this hOI11C occllP;ttiol1 plTlllil is: I .'\ppnl\ ed r I Denied I I Speci,lI Permit Needed . ST.\ /.']- ( '( )j'vl f\11':NTS: ;\.<;sist<llll .\dmil1istr,llOr --'~-~-------... 1011 i ng Ad m i 11 istr,lll \r I ),lll' ;\ PPI\ l\L'd --~.. ~-~---~-,,-~ I),lll' ;\ppnl'\cd I'llhlil' I k,lril1g 1),1lL': 1\ . \ . 11< Ii', 11.< In '..\ 1'1' <l ~ I (l(l P~lg(' ~ . . . Feb. 22,2003 Fred Patch, Zoning Official City of Monticello 505 Walnut St. Monticello, MN. 55362 Re: Special Home Occupation Permit for Wayne & Patricia Mayer Dear Mr. Patch: Please accept this letter as written testimony for the above permit's hearing to be held at 6PM on March 4, 2003. Wayne & Patricia Mayer have been our immediate next door neighbors for 10 years. They have always been <good' neighbors and there has never been any adverse issues during that time. The Mayer property is well maintained and all city ordinances have been followed to the best of our recollection. We know that the Special Home Occupation Permit for the Mayers will have no adverse impact upon our property, the Mayer's property and also we are of the opinion that there will be no adverse impact on any of the neighbors. William (Bill) Endres and Susan (Sue) Endres strongly support this Special Home Occupation Permit for a photo studio. ;;:12 ~,~ William Endres s~~~ Susan Endres 2532 Briar Oakes Blvd. Monticello, MN. CC: Wayne & Patricia Mayer 5H . . . City Council Agenda - 03/1 0/02 51. Consideration of a re uest for a royal of the Groveland Place lat which is a re lat of a ortion of the Grovcland addition phase III. REFERENCE AND BACKGROUND Ocello LLC, the developer of the Groveland residential subdivision, is requesting approval of a replat which would allow the comhination of an outlot and one single family lot into two single family parcels. The lot width variances necessary for this replat to occur where approved by the Planning Commission on 9/3/02. No appeal of the variances was filed. therefore they stand as approved. The single family lot is Lot 1, Block 3 of Grovel and 2"' Addition, and Outlot A, a 60 foot wide parcel that was reserved for pathway access. The two parcels are located along nrentwood Drive at the end of Somerset Lane, and hack up to the United power Association transmission line. The rear 75 feet of depth of each parcel is covered by the UP A casement. The outlot was originally planned to provide access to a pathway that would have followed the route of the transmission line. This pathway was eventually deleted from the Preliminary Plat, replaced by sidewalks along the street. However, the final plat drawings carried the outlot to final approval, and the plat was recorded with the outlot in place, even though it no longer had any purpose. The applicant is now seeking permission to combine the outlot with the adjacent single family parcel, and then replat the two parcels into two 70 foot wide lots of 11,877 square feet. In their decision to grant the variance, the Planning Commission made the finding that there was a unique condition on the land that created a hardship in putting the property to reasonahle use. ALTERNATIVE ACTIONS 1. Motion to approve the replat based on a finding that subdivision is necessary for reasonahle use, and with the understanding that no variances will he considered for setbacks to accommodate the reduced buildable area. 2. Motion to deny the replat based on a finding that the ordinance test for physical hardship is not met. City Council ^gcnda - 03/1 0/02 . STAFF RECOMMENDATION Staff recommends alternative 1. Since the variances have already been approved, it would make sense to allow the replat to occur under the conditions noted in alternative 1. SUPPORTING DATA I. Plat of Groveland 2nd Addition 2. Subject Site Location . . 2 I\J -..a. "-~~ o~ -( 9'& %')) ~,~ \ "- \ "- !!!P"fJ'.Js; \ \. 69:W-I.. \ \ \ \ , \ J \ I \ / \ ,,/ \ - ~,; \ ~O -------- \ I I I , , , I , I I I I I I ~~ / I I I I I I .'". "';"';::?"b'.:.~ ~ "0 \ ~,,'4J A~I.....'...'.... I.. . (Q. . / ..:' - t:.. pg~ :-':t. 0 -I"" ..., t:::: Ul ...... - rn:I: ;>J rn .~ "'0 Ul..., ':> ... - \ , J ... -,., ~, -' ,. - \ , - -' ...,.a. .-.. 2: (;! ,.s ,l>,. c..,.,- '" " r--., '- / ....-, '--' .., ~ r,-~ f5L --:::::.......:._.~. "" <. ' " , /, , , / ~ , " , / I , ., ,,"', .- ,,'" - / l \ / - - / l \ / A - / , < / ~ / I' / I' :IN .MONUMENT FOUND ON MONUMENT TO BE '0938 WITHIN ONE YEAR '" / ^ / , / , / ' / ' / ' , '>0 / , 'Q / ' / ' / ' / ' / / \ " / I ' / \ / '> / / / / / / / / / / / / "'" / / V / / / / / ,~ / I , , 1 / , / //', // / ' / ," / , , ^ ,/ , co' / " ,~. / /' /l' ,<0 / / I' / ", / '\ '/ _~ I' -< "'<v '-<./ '- / $J, / o~ ".. ', " ~ , / ' ~, I , I , / , I , - / ,.. , I " ) ,/ ~, / / / ...., I' '< // /' v I ' I .... I I I I , \ ( , \, ) \ -./ \\ , , " / \ ) '> "" lEY THE NORTHEASTERLY \ND 2ND ADDITION HAS AN , E. ^ S '5190 J'S" ~... f' A / , < / A - A. l , I- , 1/1 , , .- I> '" , .<.. <. , A. / ,'<v ,~ orf ~ ~ ./) - 2 ~-- \ / - \ 1 / I / / / It .( '" " / /' " ^ / < ~ 9;)' ,<0 /' / < ^ / '\ < '>0 '00 S 5190 S;>. SO" f' o , --- , / , ,'<v ,~ orf ~ ~ .... / / / " /, / / _::::--- DRAINAGE & UTILITY EASEMENT . / / / / 5L ___...--..IIiIII.. ~:.i"~ '... \.J_ -,,'~,,_ -- n" ___ ': ~-:'~~_......c.- . t --- . 7. Conduct Public Hearing for Cedar Street from Chelsea Road to Kicllben!'s Park and Dundas Road from Cedar Street to County Road 117 (City of Monticello Proicct No. 2002-06C (WSB) A. REFERENCE AND BACKGROlJND: The Cedar Street and Dundas Road projeets are being planned for eonstruction in 2003. The project includes the reeonstruetion of Cedar Street between Chelsea Road and Dundas Road, construetion of an urban seetion roadway on Cedar Street south of Dundas Road to just north of Kjellberg's Park, and eonstruction of Dundas Road from its existing termination just east of Cedar Street to Oakwood Drive. These improvements are proposed to accommodate the anticipated commercial developments located along Cedar Street. The authorization of these projects was provided separately, with the southern half being proposed to accommodate developments located adjacent to School Boulevard and with the northern portion of Cedar Street and Dundas Road being proposed to accommodate the proposed Home Depot development. The Public Hearing for this project is necessary to meet the requirements for public financing through the use of City-issued bonds. Notice has been sent to aU property owners located south of Dundas Road and recent notification has been provided to the property owners north of Dundas Road. Because all of the property owners have not received the required notice, the hearing will be required to be continued to the March 24th meeting. It is proposed that the presentation will be provided at the March 10th meeting with a short presentation on March 24th, as necessary to respond to any additional questions. This project includes assessments to the benefited property owners and waivers of assessments for properties with proposed developments. A discussion of the proposed assessment calculations will be provided during the presentation at the Council meeting. B. ALTERNATIVE ACTIONS: 1. Continue the Public Hearing to the March 24th City Council meeting. 2. Continue the Public Hearing to another meeting to be determined by the City Council. C. STAFF RECOMMENDATION: Because several property owners did not receive the necessary notification time for attendance at the meeting, it is recommended that Alternative 1 be selected and the Public Hearing be continued to the March 24th meeting. D. SlJPPORTING DATA: ( ., ',I J()( '1/.\ IF 1",do\I'/Ig"/.()( ',.J/..\, I', 1~.tJlF"(}31111)3 ,1.~('lId(/ Ilem I.drll e> . . Council Agenda- 3/10/03 8. Consider Authorizine the Preparation of a Comprehensive Water System Study (WSB) A. REFERENCE AND BACKGROUND: The City of Monticello is currently expcriencing significant growth and has grown rapidly over thc past 10 years. In that time, watermain extensions have been completed according to a water system study that was completed more than 15 years ago. The computer model for that system is no longer able to be updated and therefore, the analysis of the City system has not been completed in some time. The City is currently planning the construction of a new municipal well and will be considering the development of a water tower in the near future. Considering these projects and the pending Core Street Reconstruction Program, it has been recommended that the City undergo completion of a comprehensive water system analysis. The cost to complete the water system analysis is estimated to be betwecn $38,000 and $42,000 depending on the available information and the amount of City staiT involvement. It is requested that the Council authorize the City staff to work with WSB on the scope of services for this project to establish an acceptable budget within this range. B. ALTERNATIVE ACTIONS: 1. Authorize the preparation of a water system study subject to a negotiated scope of services within a range of $38,000 to $42,000. 2. Authorize the preparation of a water system study scope of services and bring back to a future meeting for authorization. C. STAFF RECOMMENDATION: It is the recommendation of the City Engineer, City Administrator, and the Public Works Director that the City Council authorize the preparation of the water system study subject to a negotiated scope of services. This study will assist the City as development pressure continues and will better define where trunk system improvements are necessary during the reconstruction of city streets. D. SlJPPORTING DATA: (':',/,if)( '( /:\/F'./',d/ll1Jg',J.()( ..II.S.) ,/~"l/ldJj IIHl3 ,1).;l'/ldo fI("1JI _1.do( . Or-< ..l ..l '" V ....'" f-<(') Z": 0'" :!: .. "'lll o '" "'0 ~~ Vc.; o '" III ..l (') . '" " ..: " :Qi: "':E ),E-< "'C/l '" ..l en..: ....:> ....0 .... 0.: "I'" '" ......: o Q "'" rl'" ".... '0": "E-< ;::'" [)Q C/l- '" Z :3 Cl .... Nr-<'" 000 000 000 000 """ '" ....'" 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'" 0 <('" t>: 0 0 0 w..... 9 v", 9 <(0 '" '" .,.' " ~ , l.. ~j.;.l: Council Agenda - 3/10/03 SK. Consideration ofa ioint resolution for annexation ofWri!!ht County right-of-wav. (RW) A. REFERENCE AND BACKGROUND: In 1998, the present site of Resurrection Lutheran Church (formerly owned by Ken Shultz) was annexed into the City. The legal description in the annexation excepted a portion of the property which had been deeded to Wright County for highway purposes. In November of 2002. the City Council approved a joint resolution approving the annexation of property owned by Ken Shultz lying southerly of County Road 18. The State Planning Agency has indicated that the excepted parcel deeded to Wright County needs to be annexed. into the City and that is one of the reasons that the joint resolution the Council approved in November has not yet been submitted to Municipal Boundary Adjustments for approval. The State Planning Agency recommended that another joint resolution covering that portion owned by Wright County be approved and submitted to the State Planning Agency. Attached is a copy of a joint resolution for annexation and legal description. B. ALTERNATIVE ACTIONS: 1. Approve the joint resolution and submit to the Township for their approval. The State Planning Agency will not act on the resolution for the Shultz property unless this property is included. Since the earlier resolution affects seven parcels, the annexation of all seven parcels is being held up. C. STAFF RECOMMENDATION: It is the recommendation of the City Administrator that the Council approve this resolution and torward it to the township in order to resolve the issue and allow the State Planning Agency to act on the annexation resolution approved in November, 2002 covering the seven parcels. D. SUPPORTING DATA: Resolution and legal description. , l CITY OF MONTICELLO RESOLUTION NO. 2003-14 STATE OF MINNESOTA OFFICE OF STRATEGIC AND LONG-RANGE PLANNING IN THE MATTER OF THE JOINT RESOLUTION OF THE CITY OF MONTICELLO AND THE TOWNSHIP OF MONTICELLO DESIGNA TrNG CERT ArN AREAS AS rN NEED OF ORDERL Y ANNEXATION PURSUANT TO MINNESOTA STATUTES, SECTION 414.0325 JOINT RESOLUTION FOR ORDERL y ANNEXATION WHEREAS, individual property owners with property located within the Township of Monticello ("Township") and legally described in Exhibit A which is attached hereto and incorporated herein by reference, have approached the City of Monticello ("City") requesting annexation of their property and extension of City services to their property; and WHEREAS. the Township and City have agreed to work cooperatively to accomplish the orderly annexation of the area legally described in Exhibit A; and WHEREAS. the above~mentioned area is residential in nature. is surrounded by the City and is in need of orderly annexation and extension of services from the City since the described area is urban or suburban or about to become so; and WHEREAS. the City has available capacity to provide needed services to the above mentioned property; and WHEREAS. the City and Township agree that the property legally described in Exhibit A is designated as in need of immediate orderly annexation; and WHEREAS. the City and Township agree that orderly annexation of the property legally described in Exhibit A is in the best interest of the prope11y owners and would benefit the public health. safety. and welfare of the community; and WHEREAS. the City and Township agree that the property legally described in Exhibit A is designated as in need of immediate orderly annexation; and WHEREAS. the City and Township desire to accomplish the immediate orderly annexation of the property legally described in Exhibit A without the need for a hearing. NOW THEREfORE. BE IT RESOLVED by the City Council of the City of Monticello and the Township Board of Supervisors of the Township of Monticello as follows: '. 1. The City and Township hereby designate the area legally described in Exhibit A for immediate orderly annexation pursuant to Minnesota Statutes. Section 414.0325. 2. The City and Township agree that the area legally described in Exhibit A and designated as in need of immediate orderly annexation is less than one acre. 3. A boundary map showing the area legally described in Exhibit A is attached hereto as Exhibit B and is hereby incorporated by reference. 4. The City and Township agree that the population of the area legally described in Exhibit A and designated as in need of immediate orderly annexation is O. 5. Pursuant to Minnesota Statutes, Section 414.0325, the City and Township agree that no alteration of the boundaries stated herein is appropriate, that all conditions for annexation of the area legally described in Exhibit A are contained in this Joint Resolution and that no consideration by Minnesota Planning is necessary. Upon execution and filing of this Joint Resolution, Minnesota Planning may review and comme thereon, but shall within 30 days of receipt of this Joint Resolution, order the annexation of the area legally described in Exhibit A in accordance with the terms and conditions contained in this Joint Resolution. 6. The City and Township agree that upon annexation of the area legally described in Exhibit A, the City shall reimburse the Township for the loss of taxes from the property so annexed for the period and in accordance with the following schedule: 1) In the first year following the year the City could first levy on the annexed area, an amount equal to ninety (90) percent of the property taxes distributed to the Township in regard to the annexed area in the last year that property taxes from the annexed area were payable to the Township; 2) In the second year, an amount equal to seventy (70) percent; 3) In the third year. an amount equal to fifty (50) percent; 4) In the fourth year, an amount equal to thirty (30) percent; and 5) In the fifth and final year, an amount equal to ten ( 10) percent. Thereafter. the Cily will no longer reimburse the Township. 7. The City and Township agree that upon adopted and execution of this Joint Resolution, the City shall tile the same with the Minnesota Planning Municipal Boundary Adjustments Office. 8. [n the event there are errors. omissions or any other problems with the legal description provided in Exhibit A in the judgment of the Minnesota Planning Agency. the City and Township agree to make such corrections and file any additional documentation including a new Exhibit A making the corrections requested or required by the Minnesota Planning Agency as necessary to make effective the annexation of said area in accordance with the terms of this Joint Resolution. Passed, adopted and approved by the To\vnship Board of Supervisors of the To\vnship of Monticello, Wright County, Minnesota this day of ,2003. TOWNSHIP OF MONTICELLO ATTEST: By: Franklin Denn. Chair .' l Darlene_~awatzke, Township Clerk Passed, adopted, and approved by the City Council of the City of Monticello, Wright County, Minnesota, this day of ,2003. CITY OF MONTICELLO By: Bruce Thielen, Mayor A TrEST: Rick Wolfstellcr, City Administrator , .1 ,... EXHIBIT A LEGAL DESCRIPTION FOR RESOLUTION NO. 2003-14 Legal Description as contained in Book 93 of Deeds, Page 402, Wright County Recorder A strip ofland being thirty-three (33) feet in width on each side of the center line of State Aid Highway No.6. as the same is now located and staked out across the NE 1/4 of the SE l/4 of Section Thirteen (13), Township One hundred twenty one (121) North, Range Twenty-five (25) West, said center line being described as follows: Beginning at a point 203 feet east and 33 feet North of the S. W. corner of the NE 1/4 of the SE l/4, Sec. 13, T.121 N., R.25 W.; thence on a 29 degree curve to the right to a point 236 feet North of said SW corner of NE 1/4 of the SE l/4, Sec. 13, T.121 N.. R. 25 W., the same containing .2 acres, more or less , .