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.
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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-
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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.
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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
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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.
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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
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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
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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