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Planning Commission Minutes 05-03-2016MINUTES REGULAR MEETING - MONTICELLO PLANNING COMMISSION Tuesday, May 3rd, 2016 - 6:00 p.m. Mississippi Room, Monticello Community Center Commissioners: Brad Fyle, Linda Buchmann, Sam Murdoff, John Falenschek, Marc Simpson Council Liaison: Charlotte Gabler Staff Angela Schumann, Steve Grittman (NAC), John Rued 1. General Business A. Call to Order Chairman Fyle called the meeting to order at 6:00 p.m. B. Consideration of approving minutes a. Special Meeting Minutes — April 5th, 2016 (to be provided) b. Regular Meeting Minutes — April 5th, 2016 (to be provided) Angela Schumann reported that the minutes would be provided with the June agenda. C. Citizen Comments NONE. D. Consideration of adding items to the agenda NONE. 2. Paubtic Hearings A. Continued Public Hearing — Consideration of a request for amendment to the Official Zoning Map for rezoning to CCD Residential Overlay District (CCD - R) to accommodate multiple family attached housing, including residential uses on the ground floor as per Chapter 3.7(.n Overlay Zoning Districts of the Monticello Zoning Code. Applicant: Masters Fifth Avenue, Inc. Planning Case Number: 2016 -008 Angela Schumann reported that the applicant, Masters 5"' Avenue, had provided a letter requesting that the Planning Commission table action on both the CCD -R overlay and the conditional use permit request related to the proposed project. At this time the applicant is seeking a planned until development for the proposed project via a separate application and review process. The Planning Commission has previously recommended approval of the development stage PUD, which was subsequently approved by the City Council. The applicant will need to move forward to final stage to complete the PUD. If for any reason the PUD does not move forward, the applicant indicated that it is their intent to bring the CCD -R rezoning and CUP items back for consideration. SAM MURDOFF MOVED TO TABLE ACTION ON THE REQUEST AND TO CONTINUE THE HEARING ON THE REZONING AT THE REQUEST OF THE APPLICANT. MOTION SECONDED BY LINDA BUCHMANN. MOTION CARRIED, 5 -0. B. Continued Public Hearing — Consideration of a request for Conditional Use Permit (CUP) to accommodate multiple family attached housing, including residential uses on the ground floor in a proposed Central Community District - Residential (CCD -R) District. Applicant: Masters Fifth Avenue, Inc. Planning Case Number: 2016 -008 LINDA BUCHMANN MOVED TO TABLE ACTION ON THE REQUEST AND TO CONTINUE THE HEARING ON THE REZONING AT THE REQUEST OF THE APPLICANT. MOTION SECONDED BY JOHN FALENSCHEK. MOTION CARRIED, 5 -0. C. Public Hearing — Consideration of a request for Amendment to the Monticello Zoning Ordinance to allow Entertainment/Recreation, Indoor Commercial use in the B -3 (Highway Business) District; and a request for Conditional Use Permit (CUP) related to Entertainment/Recreation, Indoor Commercial use in the B -3 (Highway Business) District. Applicant: Next Level Baseball and Softball Training, Inc. Planning Case Number: 2016 -019 NAC Planner Nate Sparks reviewed the staff report for the request. Mr. Sparks stated that the applicant has submitted a request to add language to the zoning ordinance allowing Entertainment/Recreation, Indoor Commercial as an allowable use in the B -3 zoning district. This would allow them to utilize a portion of the building at 3939 Chelsea Road for an indoor baseball facility. Entertainment/Recreation, Indoor Commercial is currently permitted in the B- 4, Regional Business District. Outdoor commercial uses are currently conditional uses in both the B -3 and B -4 districts. As such, this use would be allowable in the B -3 if it were to be located outside. Sparks indicated the Planning Commission has the option to amend the language to allow this use as either a permitted or conditional use. Mr. Sparks noted the proposed conditions for such use. He stated staff is recommending approval of the proposed amendment, subject to review of those conditions. It was noted that a similar text amendment had been proposed and approved for the IBC — Industrial and Business Campus District. The Commission discussed whether the use should be allowed as conditional or permitted use, including the other potential uses in the category and the application requirements for CUP. N Chairman Fyle opened the public hearing. Lloyd Peterson, President of Baseball Operations for Next Level, addresses the Commission. He explained that the use on this site is completely indoors. The site will accommodate both baseball and softball training. At any one time there will be 15 -20 persons in training. These will be scheduled training appointments and team - based. Wayne Elam, Commercial Realty Solutions, addressed the Commission. He noted that staff and the applicant have brought the item forward as a permitted use, aligning it with the B -4 zoning district for consistency. Both uses are commercial in nature. Chairman Fyle closed the public hearing as there were no other continents from the public. LINDA BUCHMAN MOTIONED TO ADOPT RESOLUTION NO. PC- 2016 -008, RECOMMENDING APPROVAL OF THE AMENDMENT TO THE ZONING ORDINANCE ADDING ENTERTAINMENT /RECREATION, INDOOR COMMERCIAL AS A PERMITTED USE IN THE B -3 DISTRICT, AMENDING THE USE TABLE (TABLE 5 -1) TO INDICATE THE CHANGE. THE MOTION INCLUDES ADOPTION OF THE FINDINGS IN THE RESOLUTION, AND OTHERS AS IDENTIFIED AT THE HEARING. MOTION SECONDED BY JOHN FALENSCHEK. Commissioner Murdoff inquired whether Exhibit Z would apply if the amendment allows the use as permitted. Angela Schuman confirmed that the Exhibit Z conditions are included in the base code. As such, those items will carry forward in a review of any such use, whether it is conditional or permitted. Nate Sparks confirmed that the Planning Commission is also requested to move a recommendation forward on the conditional use permit portion of the applicant's request. In the event that City Council elects to approve the amendment to allow Entertainment/Recreation, Indoor Commercial as a conditional use, rather than permitted, the Planning Commission's recommendation on the CUP portion of the application is needed. MOTION CARRIED, 5 -0. SAM MURDOFF MOTIONED TO ADOPT RESOLUTION NO. PC -2016- 009, RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT FOR A SPORTS TRAINING FACILITY IN THE B -3, HIGHWAY BUSINESS DISTRICT, SUBJECT TO THE REQUIREMENTS OF THE ZONING ORDINANCE APPLICABLE TO ENTERTAINMENT /RECREATION AS LISTED IN EXHIBIT Z, INDOOR COMMERCIAL USES. MOTION SECONDED BY LINDA BUCHMANN. MOTION CARRIED, 5 -0. EXHIBIT Z Conditions of Approval Lot 1, Block 1, Gould Addition Next Level Baseball 1. Compliance with the terms of the zoning ordinance related to Entertaimnent/Recreation, Indoor Commercial uses, specifically: (a) No auctions shall take place on the premises. (b) Outdoor storage shall be prohibited. (c) Noise shall be controlled consistent with the standards of this ordinance. (d) When abutting a residential use, the property shall be screened with an aesthetic buffer (Table 4 -2, Buffer Type `B ") in accordance with section4.1(G) of this ordinance D. Public Hearing — Consideration of a request for Preliminary and Final Plat for Monticello Middle School, Conditional Use Permit for Schools, K -12 use; and Amendment to the Official Monticello Zoning May for Rezoning from Agricultural Open Space (A -O) District to Single- Familv Residence (R -1) District. Applicant: Wold Architects & Engineers.. Planning Case Number: 2016 -020 Nat Sparks provided the staff review of the item. He stated that the applicant is proposing a 4,775 square foot addition to the front of the existing school building. Future phases of additional work would be proposed separately. Currently, the site is zoned A -O. School are allowed in R -1 districts as conditional uses. Given the proposed changes, it is recommended that the school be rezoned to R -1, with a conditional use for the proposed site changes. Mr. Sparks indicated that the proposed additional meets code requirements. He noted that it is not uncommon to find schools listed as a conditional use permit in residential districts, given that they are often in close proximity to residential areas. The conditions in the code for such uses are written in a way to limit the locations of schools in these areas. In addition, the applicant is proposing a preliminary and final plat, which assembles the various parcels and vacated right of way. Sparks outlined the conditions in Exhibit Z. Mr. Sparks confirmed that the Comprehensive Plan does indicate that the use is a "Place for Community" and therefore the school use is consistent with the Comprehensive Plan. Angela Schumann noted that zoning of the school has historically been A -O. At present, the school is an existing lawful non- 4 conforming use in the A -O. However, as the school moves forward with any expansions or site plan changes, these trigger additional review and it is important that the school exist within a district that allows for them to propose such modifications under a zoning district which allows the school as a use and a conditional use permit application. in the re- codification of the zoning ordinance, the Public /Semi - Public zoning district was eliminated and those zoned PS were rezoned to R -1 districts. As such, the rezoning of the Middle School to R -1 is consistent with other schools in the community. Ms. Schumann also noted that need to plat to consolidate the various parcels and various right of way to place the school facility on one parcel. Council member Gabler inquired whether the Moose Sherritt Area would be impacted. Angela Schumann stated that the facility is not impacted by these actions. Chairman Fyle opened the public hearing. Eric Linnear, Wold Architects, confirmed that in reviewing the project with the City, it was recommended that a plat be brought forward to address the various parcels involved; in addition, bringing the site into conformance with zoning designation. Those are the primary areas of focus for the application. Other projects on this site are anticipated next year and Linnear stated that it is understood an amendment to the CUP will be required at that time. Hearing no further comment, Chairman Fyle closed the public hearing SAM MURDOFF MOTIONED TO ADOPT RESOLUTION NO. PC -2016- 010, RECOMMENDING ADOPTION OF AN ORDINANCE REZONING THE PROPERTY FROM A -O, AGRICULTURE OPEN SPACE TO R -1, SINGLE FAMILY RESIDENTIAL, BASED ON FINDINGS IN SAID RESOLUTION. MOTION SECONDED BY LINDA BUCHMANN. MOTION CARRIED, 5 -0. LINDA BUCHMANN MOTIONED TO ADOPT RESOLUTION NO. PC- 2016 -011, RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT FOR A SCHOOL IN AN R -1 ZONING DISTRICT, SUBJECT TO APPLICABLE CONDITIONS IDENTIFIED IN EXHIBIT Z. MOTION SECONDED BY MARC SIMPSON. MOTION CARRIED, 5 -0. EXHIBIT Z Conditional Use Permit for School in R -1 District 800 Broadway East Monticello Middle School 1. Compliance with the terms of the City Engineer's review letter dated April 28th, 2016. 5 2. Comments and recommendations of other staff and Planning Commission. LINDA BUCHMANN MOTION TO ADOPT RESOLUTION NO. PC -2016- 012, RECOMMENDING APPROVAL OF A PRELIMINARY PLAT FOR THE MONTICELLO MIDDLE SCHOOL ADDITION, SUBJECT TO THE CONDITIONS IDENTIFIED IN EXHIBIT Z. MOTION SECONDED BY SAM MURDOFF. MOTION CARRIED, 5 -0. EXHIBIT Z 800 Broadway East Monticello Middle School 1. Compliance with the terms of the City Engineer's review letter dated April 28th, 2016. 2. Comments and recommendations of other staff and Planning Commission. E. Public Hearing - Consideration of a request for Conditional Use Permit for Schools. K -12 use; and Amendment to the Official Monticello Zoning Map for Rezoning from Agricultural Open Space (A -O) District to Single- Family Residence (R -1) District. Applicant: Wold Architects & Engineers. Plannu n Case Number: 2016 -021 Nate Sparks provided an overview of the requests, stating that similar to the prior request, the applicant is seeking a rezoning of the Pinewood Elementary School site from A -O to R -1 to accommodate the conditional use permit for site changes. The site changes include the reconfiguration of parking lot and drive aisles, as well as the relocation of drive aisles. The changes will support segregation of traffic patterns on the site between pedestrians, buses and passenger vehicles. Sparks reviewed the conditions of approval, requiring replacement of landscaping on the east side of the site. With conditions as noted, staff recommends approval of the rezoning and CUP. Commissioner Buchmann confirmed that there are no expansions to the building itself. Chairman Fyle opened the public hearing. Hearing no comment, Chairman Fyle closed the public hearing. SAM MURDOFF MOTIONED TO ADOPT RESOLUTION NO. PC -2016- 013, RECOMMENDING ADOPTION OF AN ORDINANCE REZONING THE PROPERTY FROM A -O, AGRICULTURE OPEN SPACE TO R -1, Con SINGLE FAMILY RESIDENTIAL, BASED ON FINDINGS IN SAID RESOLUTION. MOTION SECONDED BY MARC SIMPSON. MOTION CARRIED, 5 -0. LINDA BUCHMANN MOTIONED TO ADOPT RESOLUTION NO. PC- 2016 -014, RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT FOR A SCHOOL IN AN R -1 ZONING DISTRICT, SUBJECT TO THE CONDITIONS IDENTIFIED IN EXHIBIT Z. MOTION SECONDED BY JOHN FALENSCHEK. MOTION CARRIED, 5 -0. EXHIBIT Z Conditional Use Permit for School in R -1 District 1010 West Broadway Pinewood Elementary School 1. Supplementary landscaping is provided to replace some of the trees removed due to the parking lot expansion, and to increase the buffering impact from the new parking lot and driveway aisles, where appropriate. 2. Compliance with the terms of the City Engineer's review letter dated April 28th, 2016. 3. Comments and recommendations of other staff and Planning Commission. F. Public Hearing - Consideration of Amendment to the Monticello Zoning Ordinance, Chapter 4, Section 5 — Signs, as related to community event signage. Applicant: City of Monticello. Planning Case Number: 2016 -011 Angela Schumann reviewed proposed amendments to the Monticello Zoning Ordinance as related to non - commercial temporary signage. She noted that the discussion had arisen out of discussions related to temporary signs for community events. Schumann referenced the recent ordinance amendment for temporary signs, which limits the use of temporary signs to 120 days per business per calendar year. Community event signage would fall into those regulations as currently written. The proposed ordinance amendment addresses non - commercial speech for such purposes, outside of the regulations relating to commercial speech. In addition, the ordinance addresses regulations relating to content -based speech in the sign ordinance. Schumann referenced the ordinance definitions for commercial speech and non- commercial speech. The proposed amendment would delete the definition for "community- event" signage and the corresponding regulations for that specific type of sign. The ordinance then proposes regulations for non - commercial speech temporary signs within the Temporary Sign provisions in Chapter 4.5 of the 7 zoning code. These signs cannot be the principal use of property. Total area of such signs is limited to 40 square feet and can be placed for up to 21 days within a 30 -day period. No permit is required. These signs cannot be placed in public right of way or in easements. Schuman noted that a provision was discussed relating to the ability to use vacant parcels held in common ownership did not carry forward to this proposed amendment. Commissioner Murdoff inquired about the spacing requirement. Angela Schumann noted that during election year, there are specific regulations for that type of signage. However, the spacing requirement in tandem with the total square footage requirement, will be somewhat limiting. Commissioner Murdoff inquired whether off - premise signs will continue to be prohibited. Schumann confirmed that off - premise signs are already listed under "Prohibited Signs" and will remain in code. It is not a proposed addition in this code area. Chairman Fyle asked about signage relating to employment for public uses or public events. Schumann noted that the City is trying to get to the point where we are avoiding content -based review and regulation. Some of the signs referenced by the chair would fall into the non - commercial area. Angela Schumann stated that the City Attorney has reviewed this language in preliminary form and will be asked to review again prior to Council adoption. Chainnan Fyle opened the public hearing. Troy Rheauine of Rheaume Signs in St. Cloud addressed the Commission. He encouraged the City to consider allowing digital temporary signs, specifically LED signs, which are now offered by sign businesses. This is a relatively new technology. Chairman Fyle closed the public hearing after hearing no other comments. JOHN FALENSCHEK MOTIONED TO ADOPT RESOLUTION NO. PC -2016- 015, RECOMMENDING APPROVAL OF THE AMENDMENT TO THE MONTICELLO ZONING ORDINANCE, CHAPTER 4, SECTION 5, BASED ON FINDINGS IN THE RESOLUTION. MOTION SECONDED BY SUM MURDOFF. MOTION CARRIED, 5 -0. G. Public Hearing - Consideration of a request for Amendment to the Monticello Zoning Ordinance, Chapter 5, Section 4, as related to temporary use permit requirements for special events. Applicant: City of Monticello. Planning Case Number: 2016 -027 Angela Schumann presented the staff report, stating that through the administration of the special event ordinance, it has been found that review and permitting of these uses requires coordination with multiple City departments and often other licenses issued through the City Clerk's office. As such, staff is recommending removal of the regulations from the Zoning Ordinance with their replacement in City Code, where they would be issued through the Clerk's office. N. There would also be some minor modifications to the language relating to when permits require use of City resources or property. Chairman Fyle opened the public hearing. Hearing no comment, Chairman Fyle closed the public hearing. LINDA BUCHMANN MOTIONED TO RECOMMEND ADOPTION OF ORDINANCE NO. 641, RECOMMENDING APPROVAL OF THE AMENDMENT TO THE MONTICELLO ZONING ORDINANCE, CHAPTER 5, SECTION 4 — TEMPORARY USES, BASED ON A FINDING THAT THE PROPOSED AMENDMENT WILL FACILITATE IMPROVEMENTS TO THE PERMITTING OF SPECIAL EVENT USES IN ACCORDANCE WITH OTHER REQUIRED CITY DEPARTMENTS AND LICENSES. MOTION SECONDED BY LINDA BUCHMANN. MOTION CARRIED, 5 -0. 3. Regular Agenda A. Consideration to adopt Resolution No. PC- 2016 -016, a Resolution fIlndent; that the proposed sale of Certain Land by the City of Monticello Economic Development Authority for Industrial Park Purposes is consistent with the City of Monticello Comprehensive Plan Angela Schumann provided information relating to the decision item. Schumann stated that the City and EDA are seeking to convey two parcels of property at Otter Creek business park by the City of Monticello Economic Development Authority to an existing business within the park for an expansion project. The Planning Commission is asked to consider whether the conveyance is in conformance to the City's Comprehensive Plan. Schumann stated that the two parcels are located within an area guided "Places to Work" within the Monticello Comprehensive Plan, which provides locations for the retention, expansion and creation of businesses that provide jobs for Monticello residents and expansion and diversification of the property tax base ", according to the Comprehensive Plan. The proposed conveyance of this property to Clear Creek Land, LLC will facilitate an expansion of their existing beverage distribution business. The proposed expansion, in addition to contributing additional tax base to the community, will support retention of an existing business and employment, as well as the addition of employees for the expansion area. Schumann explained that the proposed expansion project will require other land use approvals, including platting of the outlots into lots and blocks for development. The requested action at this time relates only to conformance with the Comprehensive Plan. Chairman Fyle inquired why the City owns the property versus the EDA. Schumann responded that ownership by the City is for tax purposes. Marc E Simpson inquired about the acreage of the parcels. Schumann responded that the total acreage is approximately 7 acres total. Council member Gabler inquired about additional industrial land availability. Schumann responded that the EDA and IEDC are looking at that issue. She illustrated existing and future guided areas for industrial land uses. SAM MURDOFF MOTIONED TO ADOPT RESOLUTION NO. PC -2416- 016, A RESOLUTION FINDING THAT THE PROPOSED SALE OF CERTAIN LAND BY THE CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY FOR INDUSTRIAL PARK PURPOSES IS CONSISTENT WITH THE CITY OF MONTICELLO COMPREHENSIVE PLAN. MOTION SECONDED BY LINDA BUCHMANN. MOTION CARRIED, 5 -0. B. Consideration of review and comment on Monticello Zoning Ordinance, Chapter 4, Section 5- Signs as related to electronic billboards. Angela Schumann addressed the Planning Commission on the item. She asked for the Planning Commission to consider current sign ordinance regulations as they would be applied to a request for an electronic billboard. Schumann noted that `Billboards" are considered off - premise signs and are prohibited by ordinance. Existing billboards located within the community are considered to be existing lawful non - conforming uses, and are allowed to continue subject to regulations for such uses. The City had received an inquiry relating to the possible conversion of an existing billboard to an electronic billboard. In discussing the potential improvement of a billboard to include electronic messaging, she stated that Community Development staff have determined that such a change would be considered an "improvement" rather than "expansion ", presuming the sign itself remained unchanged in its physical dimensions. An electronic billboard would further be governed by the City's regulations for "Dynamic Display" and "Illuminated Signs" (including LED illumination) within Chapter 4.5 — Signs. Planning staff is bringing this item forward as a point of discussion or possible future action for the Commission. Council member Gabler inquired whether MnDOT has regulations for these type of structures. Schumann indicated that she would defer to the Rheaumes representative address that item. She inquired about the lighting and timing of message change. Schumann responded that messages are allowed to change every 3 seconds based on the City's current ordinance. Commissioner Murdoff inquired as to the purpose of prohibition of off - premise signage, including billboards. Schumann responded that the basic 10 purposes include health, safety and welfare, ensuring that rights of way and boulevards are maintained for visibility and safety of traffic. In addition, it is in the City's economic development interest to manage signage in the interest of those businesses located within the community. Nate Sparks also noted that there is a concern regarding such signage being a principle use of property versus an accessory use. Troy Rheaumes, Rheaumes Signs of St. Cloud, addressed the Commission. Rheaumes indicated that the state does require a limit of 6 seconds. No transition effects are allowed. He also noted that many cities require a dimmer on the lights and a limit on the illumination. A spacing requirement may be a consideration. After discussion, the Planning Commission directed no further action. Schumann noted she would also bring the item to the City Council. C. Consideration of the Community Development Directors Report 4. Added Items NONE. 5. Adjournment LINDA BUCHMAN MOTIONED TO ADJOURN THE MEETING AT 7:45 p.m. MOTION SECONDED BY MARC SIMPSON. MOTION CARRIED, 5 -0. Recorder: Angela Schumann Approved: June 7�', 2016 4 Attest: Director