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Planning Commission Agenda 05-01-2012 REGULAR MEETING MONTICELLO PLANNING COMMISSION Tuesday, May 1st, 2012 6:00 PM Mississippi Room, Monticello Community Center Commissioners: Rod Dragsten, Brad Fyle, Charlotte Gabler, William Spartz, and Barry Voight Staff: Angela Schumann, Ron Hackenmueller, 1. Call to order. 2. Consideration to approve Planning Commission minutes. a. Regular Meeting of April 3rd, 2012 3. Citizen Comments. 4. Consideration of adding items to the agenda. 5. Resignation of Chairman Rod Dragsten a. Commission Vacancy b. Vice-Chair and Chair Appointment 6. Community Development Director’s Report 7. Adjourn. MINUTES MONTICELLO PLANNING COMMISSION Tuesday, April 3, 2012 - 6:00 PM Mississippi Room, Monticello Community Center Commissioners Present: Rod Dragsten, Brad Fyle, Charlotte Gabler, Barry Voight, and William Spartz Council Liaison Absent: Lloyd Hilgart Staff: Angela Schumann, Ron Hackenmueller, Steve Grittman-NAC Rod Dragsten called the meeting to order at 6:00 p.m. 1. Consideration to approve Planning Commission minutes BARRY VOIGHT MOVED TO APPROVE THE MINUTES OF MARCH 6, 2012. BRAD FYLE SECONDED THE MOTION. MOTION CARRIED 5-0. 2. Citizen Comments None 3. Consideration of adding items to the agenda None 4. Public Hearing — Consideration to approve a Conditional Use Permit for an attached Maior Accessory Structure in an R-1 (Single -Family) District. Legal Description: Lot 7, Block 1, River Forest - 9747 River Forest Drive Applicant: Curtis, Greg; Planning Case Number: 2012-008 Greg Curtis requested approval of a Conditional Use Permit to allow for an expansion to an existing attached accessory structure at 9747 River Forest Drive. This property, which is over one half acre in size, sits on a residential corner lot. The existing attached accessory structure is a 484 square foot two -stall garage. The applicant is proposing to add a third stall to the existing two -stall garage. The proposed footprint of the expansion area is 200 square feet (10' x 20'). There is also an existing 672 square feet detached garage located in the rear yard of the property. This addition would result in 1,356 square feet in total footprint area for accessory structures on the property. Zoning Ordinance Requirements The Zoning Ordinance permits a total of up to 1,200 square feet of garage space as permitted accessory space for an R-1 Single -Family home. No accessory building can exceed more than 10% of the rear yard area, and may not exceed the gross square footage of the principal building's footprint. These standards may be exceeded, up to 1,500 square feet of total area, with a Conditional Use Permit meeting the following conditions: Planning Commission Minutes — 04/03/12 a. Accessory building space is to be utilized solely for the storage of residential personal property of the occupant of the principal dwelling, and no accessory building space is to be utilized for commercial purposes. Staff comment: The bonus room proposed above the garage included within the expansion does not impact the request in terms of footprint area of accessory structures as the space will actually become part of the principal use area. b. The parcel on which the accessory building is to be located is of sufficient size such that the building will not crowd the open space on the lot. Staff comment: The proposed expansion will create a total built footprint area of 2,516 square feet, or just over 10% of the total lot area. c. The accessory building will not be so large as to have an adverse effect on the architectural character or reasonable residential use of the surrounding property. Staff comment: The addition is consistent with the surrounding properties which have third -stall attached garages. The code requires a 6' setback on the garage side; the applicant is proposing an approximately 12' setback. The applicant also indicated intent to expand the driveway concurrent with this structural expansion. Driveway expansion will be reviewed with the building permit application to ensure compliance. d. The accessory buildings shall be constructed to be similar to the principal building in architectural style and building materials. Staff comment: The addition will be constructed consistent with the existing home in terms of style and materials. Brad Fyle confirmed that a pickup truck with a name it its side would not be considered a commercial use. Bill Spartz confirmed that there would be grounds to deny the CUP if the applicant wasn't planning to use similar materials. The public hearing was opened. Greg Curtis, of 9747 River Forest Drive, responded to questions. Rod Dragsten asked about access to the detached garage in the rear yard. The applicant explained that the proposed expansion would provide 12 feet of space outside of the addition. His request includes installing a garage door on the back of the existing garage to enable drive access to the garage in the rear yard. Staff noted that the request would be code compliant as long as the intent is to move things in and out of the garage and not to park in between garages. Rod Dragsten asked if the request was primarily to create the bonus room above the garage or provide extra storage. The applicant stated that the intent was to do both as they run a small daycare out of their home and need the space. He had no concerns with conditions in Exhibit Z. Hearing no public comment, the public hearing was closed. 2 Planning Commission Minutes — 04/03/12 BARRY VOIGHT MOVED TO ADOPT RESOLUTION 2012-032, RECOMMENDING APPROVAL OF THE CONDITIONAL USE PERMIT FOR MAJOR ACCESSORY STRUCTURE, WITH CONDITIONS AS NOTED IN EXHIBIT Z AS FOLLOWS. BILL SPARTZ SECONDED THE MOTION. MOTION CARRIED 5-0. EXHIBIT Z Lot 7, Block 1, River Forest — Major Accessory Structure CUP The use of the accessory structure shall be to directly serve the principal use and must comply with ordinance requirements pertaining to private garages. The applicant will be required to comply with ordinance requirements pertaining to driveway setback, surfacing, maximum curb cut, and other off-street parking requirements. Issues related to grading and drainage shall be subject to review and comment by the City Engineer. 5. Public Hearing — Consideration to approve a Conditional Use Permit for a detached Maior Accessory Structure in an R-4 (Manufactured Home Park) District. Legal Description: Lengthy Legal —1000 Kiellberg's Manufactured Home Park, East Applicant: Kiellberg, Kent; Planning Case Number: 2012 - 009 Planner Steve Grittman summarized that the applicant asked for a Conditional Use Permit to construct an addition to existing accessory storage garages with a new building of approximately 100 feet by 24 feet (10 bays) at the Kjellberg East mobile home park. In the M -H Disrict, accessory storage garages are allowed by Conditional Use Permit, subject to the following requirements: (b) In the M -H district, the following shall apply: (i) Accessory storage buildings in manufactured home parks, if not reviewed and approved as part of a PUD, shall be conditionally permitted subject to the following additional requirements: 1. The storage building and any accompanying outdoor storage area shall be for the sole use of the residents of the manufactured home park and shall not be used by non-residents. 2. Accompanying outdoor storage areas shall be fully screened from surrounding manufactured home units and adjacent properties. The new structure will be solely for the use of residents of the park, and is intended to satisfy a waiting list for such storage. The building will replace existing outdoor storage, and as such, would be more conforming to the code than the existing condition. No additional lighting to be included with the new building. Planning Commission Minutes — 04/03/12 Charlotte Gabler asked if the request required any landscape conditions. Staff indicated that it did not as it is paved. Barry Voight confirmed that garage doors would face the drive aisle. The public hearing was opened. Kirk Kjellberg, representing the applicant, Kent Kjellberg, confirmed that eliminating outdoor storage in the mobile home park would be of benefit to residents. Rod Dragsten asked about the current number of storage units. Kirk Kjellberg indicated that there were currently 33. Rod Dragsten also confirmed that the conditions in Exhibit Z were understood. Kirk Kjellberg agreed and indicated that an evacuation plan was in place. Hearing no further public comment, the public hearing was closed. Decision 1: Resolution of Recommendation for BILL SPARTZ MOVED TO APPROVE RESOLUTION 2012-033 RECOMMENDING APPROVAL OF THE CONDITIONAL USE PERMIT FOR A 10 -BAY ACCESSORY STORAGE GARAGE AS PROPOSED IN THE APPLICATION OF MARCH 5, 2012, CONTINGENT ON COMPLIANCE WITH THOSE CONDITIONS SPECIFIED IN EXHIBIT Z AS FOLLOWS. BRAD FYLE SECONDED THE MOTION. MOTION CARRIED 5-0. Exhibit Z — Conditions of Approval CUP for Accessory Storage Garage Building-Kjellberg East Mobile Home Park 1. The City verifies the existence of an emergency evacuation plan meeting the requirements of state and local regulations, or the City approves a new plan to be proposed by the applicant. 2. If lighting is to be added, the applicant light the area in such a way as to ensure that no light glare or glow impacts neighboring residents. 3. No outdoor storage is approved as a part of this CUP, and as indicated by the applicant, existing outdoor storage will be removed as a result of the construction of this building. If any existing outdoor storage is to be relocated, a separate CUP is required pursuant to the requirements of the zoning ordinance. 7. Consideration to adopt Ordinance #545, reuealini! Chatter 27 of the Monticello Zoning Ordinance Regulating the Management of the Mississippi Wild, Scenic, and Recreational River System and the Shoreland Areas of the City of Monticello and adopting amendments to Monticello Zoning Ordinance Chapter 3, Section 7, Overlay Ordinances regulating the Mississippi Wild, Scenic & Recreational River District and the Shoreland District, and Chapter 8, Section 4, Definitions. Applicant: City of Monticello 2 Planning Commission Minutes — 04/03/12 Angela Schumann provided additional clarification on the following components of the Shoreland and Mississippi Wild, Scenic and Recreational River ordinances, prior to recommendation for adoption, as requested by the Planning Commission. • Minimum standards for commercial/industrial lots (Shoreland): Rather than adopt the template ordinance provided by the State, the City will instead refer to its own minimum lot standards for commercial/industrial development. • Designation process for public waters: All "public waters" in the state have been mapped and inventoried. New wetlands created by development will be mapped and added to the DNR's public waters inventory. Lakes are shown with a "P" and wetlands are marked with a "W" on the area map. The Shoreland Ordinance applies for those designated "P" and the Wetland Ordinance applies for those designated "W". The Wild and Scenic designation applies to the river. • Rebuilding of structures within Shoreland or MWSRR: The City "may" allow rebuilding on non -conforming lots in the shoreland area and has a significant amount of latitude in determining to what standards buildings may be rebuilt. The city would look to the ordinance adopted for performance standards. A variance would be required if the rebuild is not compliance. The City would consult with the DNR in these cases. Definitions for the river systems classified within the Shoreland Ordinance were added to Chapter 8. Supplemental information about drainage and utility easements and conservation easements were provided for review. A drainage and utility easement helps to manage stormwater ponds and a conservation easement prohibits development. Both types of easements could be in place on a property. Charlotte Gabler asked if homeowners would receive a copy of the recorded conservation easement if one exists for their property. Angela Schumann confirmed that and noted that a conservation easement would also be posted on lot lines. Conservation easements are to be considered as part of the Subdivision Ordinance. Brad Fyle asked how rebuilding would be handled in low lying areas near the river. The DNR had indicated that the lowest level of River Terrace is very prone to flooding and that the City could participate with FEMA in a program to buy back such properties so that they are not redeveloped. Rebuilding is prohibited in a Floodplain District. FEMA is in the process of updating the floodplain designation maps and determining the potential flood risk for properties. The City will update the Floodplain Ordinance once the FEMA maps have been completed. BARRY VOIGHT MOVED TO ADOPT RESOLUTION 2012-022, 5 Planning Commission Minutes — 04/03/12 RECOMMENDING APPROVAL OF ORDINANCE #545, FOR ADOPTION OF TITLE 10, CHAPTER 3, SECTION 7 (E), MISSISSIPPI WILD, SCENIC, AND RECREATIONAL RIVER SYSTEM, CHAPTER 3, SECTION 7 (F), SHORELAND DISTRICT AND AMENDMENTS TO CHAPTER 8, SECTION 4, DEFINITIONS, AND THE REPEAL OF MONTICELLO ZONING ORDINANCE CHAPTER 27, REGULATING THE MANAGEMENT OF THE MISSISSIPPI WILD, SCENIC, AND RECREATIONAL RIVER SYSTEM AND THE SHORELAND AREAS OF THE CITY OF MONTICELLO. BILL SPARTZ SECONDED THE MOTION. MOTION CARRIED 5-0. 7. Community Development Director's Report CCD Ordinance Rewrite -The ad hoc task force reviewed the latest draft CCD ordinance materials and expect to hold an ordinance open house on Tuesday, May 15th. Staff will bring the full ordinance to public hearing in June. Transportation Advisory Committee (TAC) Update -Results of meetings with stakeholders of the proposed Fallon Avenue Overpass project concept plans will be brought forward to the City Council for review. A renewed discussion related to the Second River Crossing project is to be planned for early May. Quarry Church -Quarry Church submitted a site plan application for the proposed Phase I office use. Staff are in the process of administrative review. Subdivision Ordinance Amendment -Ben Gozola will provide an estimate for consideration. Review of the Subdivision Ordinance will begin after the CCD Ordinance revision is completed in June. Growth Projections Update -Staff will bring forward the Growth Projections Update for Commission review. 8. Adiourn BILL SPARTZ MOVED TO ADJOURN THE MEETING AT 6:35 PM. BARRY VOIGHT SECONDED THE MOTION. MOTION CARRIED 5-0. Recorder: Kerry T. Burri Approved: May 1, 2012 Attest: Angela Schumann, Community Development Director 2 Planning Commission Agenda – 5/01/12 1 5. Resignation of Chairman Rod Dragsten. A. REFERENCE AND BACKGROUND: Staff has received formal notice of the resignation of Planning Commission Chairman Rod Dragsten. Mr. Dragsten is leaving the Planning Commission to join the Economic Development Authority. Staff would like to extend to the Chairman our most sincere gratitude for his 17+ years of service to the Commission and our congratulations and best wishes on his new appointment. As a Commissioner, Mr. Dragsten has been an invaluable asset, assisting in the review of a tremendous amount of growth and development for the community. His leadership and knowledge of the community and its planning policies will be missed. The Chairman’s resignation creates the need for two future actions for the Planning Commission: a. Fill Commission Vacancy The Chairman’s resignation leaves an open seat on the five-member Commission. A posting has already been placed on the City’s website. Commissioners are also encouraged to recruit qualified candidates. Commissioner Dragsten had just been appointed to a new 3-year term. As such, the new appointment will fill out the balance of that term. The appointment must be ratified by the City Council. Staff will update the Commission via email on the progress made to fill the position and the timing of any interviewing for the position. b. Vice-Chair and Chair Appointment The Chairman’s resignation also necessitates the appointment of a new Chair and Vice-Chair for the Commission. Currently, Commissioner Spartz serves as the Commission Vice-Chair. It is staff’s recommendation to wait to appoint a new chair until a full Commission has been established, with Commissioner Spartz serving as interim Chair until that time. Planning Commission Agenda – 5/01/12 2 B. ALTERNATIVE ACTIONS: No action required. C. STAFF RECOMMENDATION: None. D. SUPPORTING DATA: A. Resignation Letter B. Planning Commission – City Code C. Vacancy Posting D. PC Terms April 19, 2012 Planning Commission Monticello City Staff This letter will serve as my intention to resign from the Planning Commission and the Chair as of May 1, 2012. I have applied and been accepted onto the EDA board for the city of Monticello. I have been involved with the Planning Commission for many years and have enjoyed the entire experience from the I" day through today. The information and insight I have gained will help me with the EDA experience going forward. Thanks to the Monticello staff and the Planning Commission members for all their efforts to be informed on the issues and prepared for each meeting. Thank You Since ely Rodney Dragsten MONTICELLO CITY ORDINANCE TITLE II/Chpt 2/Page 1 CHAPTER 1 PLANNING COMMISSION SECTION: 2-1-1:Composition 2-1-2:Organi zati on; M eetin gs 2-1-1:COMPOSITION: The Planning Commission shall consist of five (5) members appointed by the Council. No member of the Planning Commission shall hold any ot he r p ub li c o ff ic e i n t he Ci ty. All members shall be appointed for three year terms; however, said term may be terminated earlier by the Council. One member shall hold office until December 31, 2000; two members shall hold office until December 31, 2001 and two members shall hold office until December 31, 2002. Annually thereafter, appointments shall be made for the term of three years. Said terms are to commence on the day of appointment. Vacancies during the terms shall be filled by the Council for the unexpired portion of the term. Every appointed member shall, before entering upon the discharge of his duties, take an oath that he will faithfully discharge the duties of his office. All members who attend at least one monthly meeting shall receive compensation of $50.00 for that month. (1/10/00, #337) All members who attend a special meeting requested by an applicant who pays a special meeting fee set by the City shall received additional compensation of$50 for each special meeting attended. (11/22/99, #336) 2-1-2:ORGANIZATION; MEETINGS: The Commission shall elect a chairman from among its appointed members for a term of one year, and the Commission may create and fill such other offices as it may determine. The Planning Commission shall hold at least one (1) regular meeting each month. This meeting shall be held on the first Tuesday. Regular meetings shall commence at seven o'clock (7:00) p.m. Hearings shall be heard as soon thereafter as possible. The Planning Commission shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, and findings, which record shall be a public record. Volunteer Opportunity Planning Commission The City of Monticello is seeking applicants to fill an open position on the Planning Commission. The role of the Planning Commission is to provide formal recommendations to the City Council regarding long-range and short-range land use and zoning issues. The Planning Commission meets on the first Tuesday of every month at 6pm. You must be a resident of Monticello to be considered for this position. This position includes a stipend based on meeting attendance. If you are interested in this volunteer position, please mail or fax your completed Application for Boards and Commissions to: City of Monticello, Attn: HR, 505 Walnut Street, Suite 1, Monticello, MN 55362 FAX: 763.295.4404 Applications can be found on the City’s website (www.ci.monticello.mn.us) or picked up at the City Hall reception counter. Position will remain open until filled. Exhibit B Planning Commission Rod Dragsten 3 yr 12/2011 (3-year staggered terms) Barry Voight 3 yr 12/2011 William Spartz 3 yr 12/2012 Brad Fyle 3 yr 12/2011 Charlotte Gabler 3 yr 12/2013 Planning Commission Agenda: 5/01/12 1 6. Community Development Director’s Report. (AS) CCD Ordinance Rewrite Stakeholder and community open house for the draft CCD ordinance will be held on Tuesday, May 15th, beginning at 5:30 PM. Commissioners are encouraged to attend in order to gather information important to the final adoption of the code. Subdivision Ordinance Amendment A preliminary project budget has been provided by MFRA for the revision of the subdivision ordinance. Staff will provide an overview of the project and plan for amendments during the Commission meeting. It is intended that the subdivision ordinance revision begin immediately following the conclusion and adoption of the CCD regulations. MSWRR/Shoreland Ordinances Both ordinances were adopted by the City Council on April 9th, 2012 and will be in effect pending certification by the Department of Natural Resources. Preliminary Project Budget Monticello Subdivision Ordinance Update Sub- Tasks Gozola Total Task 1: Project Initiation, Scoping, and Code Diagnosis General Project Organization Throughout 2 212$ Initial code read/identify issues/suggest framework 3 318$ MEETINGS (1): Planning Commission meeting to get direction on needed changes (not attending development tour)888$ 1,418$ Task 2: Assemble Draft Subdivison Ordinance Prepare draft ordinance language addressing PC identified issues 16 1,696$ 1,696$ Task 3: Adoption Process -- PART 1: Planning Commission Review/Recommendation MEETINGS (1): Advisory committee review of administrative sections, joint planning commission/council meeting 888$ -- PART 2: City Council Adoption MEETINGS (1): City Council Presentation/Review/Adoption 888$ 1,776$ Total Hours (not including meetings)21 Hourly Charge Rates 106 Labor Charges (not including meetings)2,226 2,226$ Proposed Meeting Charges (13 meetings -- subject to change based on City direction)2,664$ Total MFRA Charges 4,890$ FIXED Expenses One Attendee Per Meeting Cost (cost per MFRA attendee)888$ OPTIONAL Hourly Expenses Gozola Additional Re-writes (charged on an hourly basis)106$ Anticipated Additional Expenses (final costs based on City contracts)Estimated Hours Planning Consultant Reviews (as deemed necessary by the City)4 City Attorney Reviews (as deemed necessary by the City)6