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Planning Commission Agenda 03-02-2010 AGENDA MONTICELLO PLANNING COMMISSION Tuesday, March 2nd, 2010 6:00 PM Mississippi Room, Monticello Community Center Commissioners: Rod Dragsten, Charlotte Gabler, Lloyd Hilgart, William Spartz, and Barry Voight Council Liaison: Susie Wojchouski Staff: Angela Schumann, Steve Grittman – NAC 1. Call to order. 2. Consideration to approve the Planning Commission minutes of January 5th and February 3rd 2010. 3. Citizen Comments. 4. Consideration of adding items to the agenda. 5. Public Hearing - Consideration to recommend adoption of the 2010 City of Monticello Zoning Map. 6. Consideration to review of a Conditional Use Permit for Outdoor Sales as related to an Outdoor Volleyball Facility at River City Extreme. 7. Community Development Director’s Report. 8. Adjourn. Planning Commission Agenda- 03/02/2010 1 5. Public Hearing - Consideration to recommend adoption of the 2010 City of Monticello Zoning Map. (AS) BACKGROUND The Planning Commission is asked to recommend adoption of the proposed 2010 City of Monticello Zoning Map. The City Attorney has recommended that the City adopt an official zoning map each year. The draft attached as supporting data has been reviewed by the Community Development Coordinator, City Administrator, and Consulting City Planner for accuracy. Since the Planning Commission’s initial review of the map in January, staff has noted one required revision based on annexation records. The Schluender property, located on the west side of the City, adjacent to the Groveland neighborhood, was annexed to the City in 2006. The annexation was permitted based on a preliminary plat approval for Poplar Hill. The Poplar Hill preliminary plat approval has since lapsed, but the annexation is a permanent action, unless the Township requests that the property be moved back within the Township boundary. The Township has not made that request for this property, or any other undeveloped properties at this time. Upon annexation, the Schluender property is automatically zoned A-O. Until such time that another plat request is made concurrent with a rezoning request, the property will remain A-O and is subject to current A-O regulations. The zoning map included for adoption now includes the Schluender property. With this change, staff believe the map presented is an accurate reflection of all zoning action. Please note that some minor changes will be made to the base map to show proper road configurations that are shown incorrectly on this map. ALTERNATIVE ACTIONS 1. Motion to recommend adoption of the 2010 City of Monticello Zoning Map. 2. Motion to recommend tabling of action on the 2010 City of Monticello Zoning Map for further study. 3. Motion of other. Planning Commission Agenda- 03/02/2010 2 STAFF RECOMMENDATION Staff recommends adoption of the City of Monticello Zoning Map as proposed, noting that minor changes will be made to the underlying base map. This draft represents an accurate picture of Monticello’s zoning based on a review of all available records, SUPPORTING DATA Exhibit A: Draft 2010 City of Monticello Zoning Map R1 I2 R1 B3 R1 I2 R1 AO R2 CCD B4 I1 I1-A R2 R2 PZ-M R1 R1 B4 B4 R1 R1 B4 R1 R2 R1 R1 R4 B3 B2 PZ-M R-1A R1-A I1-A I1 R3 R2 R-2A R3 PZ-M R2 PS R2 R2A AO R2 R2 AO B3 I1 R3 R-PUD PZ-M R1 PZ-M PS PZ-M PZ-M R2 R1 PZ-M B3 B1 B2 B4 R-PUD PS PS R-2 R2 B3 R1 R1 R1 I1-A I-2 R4 AO R1 B4 B4 B4 R1 B4 R1A R4 AO R1A I2 B4 AO 90 th S t SE Fe nn i ng A v e N E M i s s i s s ip pi R iv er M i s s i s s i p p i R i v e r Otter C r e e k First Lake Mud Lake R1 AO 01,2002,400600 Feet Legend Lakes CityBoundary Parcels Zoning Districts Agriculture - Open Space Single Family Residential Single Family Residential - A Single Family and 2 Family Residential Single Family and 2 Family Residential - A Medium Density Residential Mobile Home Park Residential Planned Unit Development Performance Zone - Residential Performance Zone - Mixed Neighborhood Business Limited Business Highway Business Regional Business Central Community District Light Industrial - A Light Industrial Heavy Industrial Public - Semi-Public PUD AO R1 R1-A R2 R2-A R3 R4 PZ-R PZ-M B1 B2 B3 B4 CCD I1-A I1 I2 PS PUD     Planning Commission Agenda- 03/10/2009 5. Consideration of a request for a Conditional Use Permit to allow outdoor sales and service at River City Extreme for an outdoor volleyball and games area, zoned B-4, Regional Business. Applicant: River City Extreme. (NAC) REFERENCE & BACKGROUND In May, 2006, River City Extreme submitted a request for Conditional Use Permit for Outdoor Sales and Service, which came before the Planning Commission and City Council in largely the same layout as now proposed. Several neighbors were in attendance to voice concerns over current operations, and the impacts that the proposed outdoor volleyball activity would have on their neighborhood. Among the issues raised by the neighborhood were: Noise (loud voices, profanity, car doors slamming, etc.) from patrons in the parking lot at closing time. Noise (breaking glass, metallic clanging, etc.) from refuse hauling in early morning hours. Traffic (including cut-through traffic exiting the facility, drag racing, etc.) generated by the bowling center and related facilities. Pedestrian traffic cutting through neighboring residential property. The neighbors suggested that these issues would be intensified with the addition of outdoor volleyball, and including new concerns that would be generated by the volleyball use itself: Whistles and cheering generated by officials and crowds in the volleyball area (the applicant indicated that they would not be having organized leagues, and as such, would not expect whistles). Additional noise from outdoor alcoholic beverage consumption in the volleyball area. Potential for patrons to use exit gates and depart from the volleyball area with alcoholic beverages and consume them in the parking lot. Lighting impacts from the volleyball use, which are not currently an issue. Proposed hours of operation (to 11:00 p.m.), suggesting that 9:00 would be better if the use were to be allowed at all (the applicant indicated that he would be comfortable with a 9:00 or 9:30 closing time. The Planning Commission discussed the options for limiting hours and requiring screening nets as conditions that would be necessary to mitigate the potential negatives created by the outdoor use of the site. In the end, the Planning Commission voted 3-2 to recommend denial of the CUP, based on findings that the outdoor use was not compatible with the neighboring residential area due to the probability that additional noise, lights, traffic and other negative impacts of the use would be added to the current problems encountered by the residents. Those voting to consider approval of the permit felt that a trial period would be justified to test whether the concerns would be realized. The City Council denied the request 3-2, based on these same concerns. As with the Planning Commission Agenda- 03/10/2009 Planning Commission, those voting for approval favored the business use of the property and believed that the conditions would control negative impacts. River City Extreme is requesting approval of a Conditional Use Permit for outdoor sales and service to allow the construction of an outdoor volleyball court on their site within the Jefferson Commons subdivision. A 70,120 square foot bowling alley and banquet facility was previously approved for the site. A variety of complimentary uses were also proposed within the principal structure, including a pro shop, arcade, bar, full kitchen, office and banquet hall. The site is zoned B-4, Regional Business. The construction of the building was modified to a phased plan, with the construction of the banquet center to be part of phase II. As summarized above, the volleyball and games area was previously requested during the spring of 2008. The Planning Commission found at that time that there were several concerns over lighting, noise, and other impacts on the adjoining neighborhood. Many of the concerns related to existing issues, and the addition of the outdoor facility would make these concerns worse for the neighboring residential area. The City Council denied the request upon noting that once granted, the Conditional Use Permit would be a permanent condition of the site unless terms were violated, leading to a revocation. The applicant is once again proposing the construction of an outdoor volleyball court in the southwest corner of the building, where the future banquet space is proposed. The volleyball court would remain in this area until such time as construction begins on phase II of the building. The proposed area will contain two volleyball courts in a space 7,315 square feet in area. The courts are designed to have four feet in between and are surrounded by a grass perimeter. In the previous application, the applicant had also mentioned an additional area within the fenced portion that would be available for various games on the existing lawn grass. The applicant’s current application does not include this use, but this matter should be clarified during the hearing. ANALYSIS Conditional Use Permit. Open or outdoor service is a permitted Conditional Use in the B-4 District, if the use is connected with the principal use and is limited to thirty percent (30%) of the gross floor area of the principal use. The proposed courts will comprise an area equivalent to approximately twelve (12%) percent of the building. The Conditional Use Permit is also subject to the following conditions:  Outside sales areas are fenced or screened from view of the neighboring residential uses or an abutting residential district in compliance with Chapter 3 Section 2 G of this ordinance. Comment: No sales area is proposed for the site. The use is instead an outdoor service use. The applicant has previously noted that there will be no outdoor alcohol sales in the area. The applicant has indicated that all actual sales activity, including alcohol sales, Planning Commission Agenda- 03/10/2009 will be confined to the building, although plastic beverage service after sale will be allowed into the court area.  All lighting shall be hooded and so directed that the light source shall not be visible from the public right of way or from neighboring residences and shall be in compliance with Chapter 3 Section 2H of this ordinance Comment: The applicant is proposing to light the court area with wall pack lighting, currently mounted on the building, or to be added on the existing building walls. A photometric plan for the area had been submitted, indicating readings up to 5.9 footcandles at the perimeter of the court. Many facilities of this type augment lighting for safety and convenience of the participants. Addition of lighting around the perimeter of the facility would shine toward residential areas in violation of the City’s ordinances, so the City and applicant should be certain that the current lighting will be adequate if approval is granted. Any additional lighting beyond the noted shielded wallpacks will require an amendment to the Conditional Use Permit, and must be reviewed by the City. If available light becomes an issue, the applicant should consider shortening the hours of operation where natural light will be adequate.  Sales area is grassed or surfaced to control dust Comment: As stated above, no sales area is proposed for the site. The use will be surfaced with sand appropriate for a volleyball court.  The provisions of Chapter 22 of this ordinance are considered and satisfactorily met Comment: The applicant has followed required protocol as related to application for conditional use permit. Fencing. As opposed to the vinyl coated chain link previously proposed, the applicant is proposing a 12’ high mesh netting around the perimeter of the courts. The net material will provide an effective barrier, while not posing as a significant safety risk. Such material has been used for other recreational facilities within the City. Access Control. The applicant has indicated that no exterior access will be provided to the fenced court area. Access into and out of the court will be through the interior doors on the west side of the building (east side of courts). Parking. The minimum parking requirement for bowling alleys is five parking spaces for each lane, plus the required additional spaces for related uses contained within the principal structure, as outlined in the Zoning Ordinance. A total of 473 stalls were approved with the original site plan. The total parking requirement included stalls for the future banquet space, which will be replaced by the volleyball courts in the interim. As such, no additional parking is required for the use. Planning Commission Agenda- 03/10/2009 Landscaping. The approved landscaped plan from the previous application illustrates a row of shrubs and a row of deciduous trees screening the court area from the neighboring properties to the west. An opaque vinyl fence has also been installed around the northern perimeter of the site. The existing building will screen the courts from the residential properties to the north. No additional landscaping is proposed as part of the application, not specified by the ordinance. Signage. The applicant has not proposed any additional signage as part of the application. Any additional signage requested for the court area must be approved by the City, and would require an amendment to the CUP. Hours of Operation. The applicant and City officials have previously discussed hours of operation ending between 9:00 and 11:00. The current application suggests a general end to outdoor activities at 9:30, with a “lights out” requirement of 10:00. The applicant had discussed an expected season of spring through September. The City has also discussed variable hours by season, such as during the school year. ALTERNATIVE ACTIONS 1. Motion to approve the request for a Conditional Use Permit for open and outdoor sales and service, based on a finding that the subject use is consistent with the intent of the B-4 District and as noted in the Findings of Fact, and that the conditions of approval have been met, subject to the conditions outlined in Exhibit Z. 2. Motion to deny the request for a Conditional Use Permit for open and outdoor sales and service, based on a finding to be made by the Planning Commission. RECOMMENDATION The applicant is proposing a volleyball court facility on the south side of the bowling alley building, facing School Boulevard. This area is where the future banquet facility will be constructed, and the volleyball courts will essentially be an interim use. This report details previous concerns noted by neighboring property owners. While the applicant has sought to remedy or address many of these issues with the current applicant, potential for incompatibility of uses may still exist. However, the application technically complies with the ordinance requirements for Conditional Use Permit within the B-4 District. The proposed use will be screened from neighboring residential properties by the building itself. Additionally, the applicant and City have exceeded ordinance buffering requirements between the residential and commercial use districts. The applicant has also indicated that as part of the approved CUP they intend to restrict lighting, access, and hours of operation in an effort to mitigate negatively impacting adjacent properties. As such, staff recommends approval, subject to the conditions in Exhibit Z. Planning Commission Agenda- 03/10/2009 SUPPORTING DATA A. Applicant Narrative B. Proposed Court Site Plan C. Site and Landscape Plan D. Site Images E. Lighting Plan F. Fence Detail Z. Conditions of Approval DRAFT FINDINGS OF FACT FOR APPROVAL 1. The proposed use, pursuant to the conditions attached to the CUP approval, would be in compliance with the terms of the Zoning Ordinance related to Outdoor Sales and Service in the B-4 Zoning District. 2. The limitation on hours is necessary to protect the residential character of the neighboring properties due to lights and noise. 3. Due to the orientation of the building, and the location of the existing lighting, no direct light will impact the adjoining residential neighborhood. 4. There will be no outdoor sales or service of alcoholic beverages in the outdoor area, permitting the applicant to manage the impact of alcohol consumption in the subject area. 5. All activity will occur within an enclosed (fenced) area which will minimize the impact of patrons wandering into the areas that are more exposed to the neighboring property. 6. The facility has adequate parking to facilitate the new activity. 7. Adequate screening exists between the subject site and the neighboring property to accommodate the outdoor use. Planning Commission Agenda- 03/10/2009 EXHIBIT Z: CONDITIONS OF APPROVAL River City Extreme 1. All outdoor service activity will occur within an enclosed (fenced) area. 2. The hours of operation shall be limited to 5:00 PM to 10:00 PM, with a general end to activities around 9:30, and lights out by 10:00 PM. 3. Upon construction of Phase II of the principal building, the volleyball court use shall no longer be permitted. 4. Any additional lighting or signage to accommodate the volleyball use shall require an amendment to the Conditional Use Permit. Alternative hours should be considered if the current/natural light proves to be inadequate. 5. A building permit shall be required for any fence in excess of six feet in height. 6. The applicant is to comply with the stated limitations on access and outdoor sales and service as specified within the staff report of 3/10/09. Planning Commission Agenda- 03/2/2010 6. Consideration to review of a Conditional Use Permit for Outdoor Sales as related to an Outdoor Vollevball Facility at River City Extreme. (AS) REFERENCE & BACKGROUND In March of 2010, the Planning Commission and City Council reviewed a request for a conditional use permit for Outdoor Sales for an outdoor volleyball and games facility for River City Extreme. The City Council approved the CUP request, with the following conditions: 1. All outdoor service activity will occur within an enclosed (fenced) area. 2. The applicant shall consider netting in addition to vinyl coated chain linkfence around the perimeter of the court area. 3. The hours of operation shall be limited to Noon (12:00 PM) to 10:00 PM with a general end to activities around 9:30 and lights out by 10:00 PM. 4. Any additional lighting other than the proposed wall pack lighting to accommodate the volleyball use shall require an amendment to the Conditional Use Permit. Wall pack lighting shall be shielded per ordinance. Alternative hours should be considered if the current/natural light proves to be inadequate. S. A building permit shall be required for any fence in excess of six feet in height. 6. The applicant is to comply with the stated limitations on access and outdoor sales and service as specified in the staff report of 3/10109. 7. The conditional use permit is to be reviewed by the City for compliance in November 2009. This report is provided in relationship to condition 7 above. The review was identified in order to determine proper compliance with the approved conditions and to review potential negative impact to the neighborhood. In regard to compliance with the balance of the conditions, the applicant has complied with items 3, 4, and 5. Conditions 1, 2 and 6 will require clarification by the applicant. At the time of staff observance during last year's operation, it appears that applicant chose only to erect netting around the court perimeter. No vinyl -coated chain link fence exists currently on the volleyball site. Additionally, although not assigned as an individual condition, the Planning Commission specifically cited the need for a completely enclosed facility that would not permit entrance and access to the court facility except as allowed through the building. This relates to conditions 1 and 6. Planning Commission Agenda- 03/2/2010 The netting appeared to permit access to and from the court area from the exterior. The applicant will be present during the meeting and should provide clarification on these items. The City has received only one comment specifically regarding the outdoor volleyball court (although it has received other complaints regarding light glare at the site). The comment received was not a complaint, but rather a request for documentation regarding the CUP. At this time, Planning Commission is asked to complete the required review of the CUP. The Planning Commission should note that the permit granted to the applicant is a conditional use permit, not an interim use permit. Therefore, the CUP is considered granted if the applicant meets the assigned conditions. If it is determined that the applicant does not meet and/or does not intend to meet the assigned conditions, the City would be required to start the process for CUP revocation. A copy of the 2009 staff report is provided for reference. ALTERNATIVE ACTIONS The Planning Commission is not required to take action if it finds that the applicant meets or can demonstrate the ability to meet the required conditions. If the Planning Commission determines that the conditions have not been satisfactorily met, the Planning Commission can make a motion to begin the CUP revocation process. RECOMMENDATION None. SUPPORTING DATA A. Staff Report from March, 2009, including: 1) Applicant Narrative 2) Proposed Court Site Plan 3) Site and Landscape Plan 4) Site Images 5) Lighting Plan 6) Fence Detail 7) Conditions of Approval Planning Commission Agenda – 3/2/10 1 7. Community Development Director’s Update. (AS) State of the City Event Staff provided a good detailed presentation to the business community on Tuesday, February 16, 2010. Topics included: overall recap of activity in 2009, budget reality and restraints, proposed street projects by the City, County and State for 2010, Zoning Rewrite initiative, launching of the Business Retention and Expansion Program, and available funding sources for businesses through the City. The City Administrator, Finance Director, Community Development Director, City Engineer, Economic Development Director, and consultants from MFRA and the University of MN were all presenters. The State of the City event was well attended with approximately 130 interested businesses or citizens present. Subsequent to the event, Staff has received many compliments on the event. The business community appreciates staff and elected officials continual efforts to communicate upfront. Staff will be providing a similar presentation at the March 8th City Council meeting for public viewing via video. Building Activity Commercial and Industrial Permits Commercial development remains strong. PetSmart will be opening at the end of March. GNC, a health and nutrition store, submitted building plans for their new store at Union Crossing. We are working with three other businesses who would like to apply for a permit to remodel existing buildings. Another three companies are looking at expansions of their existing buildings. Additionally, a local business is looking at moving into the old Flickers building. Residential To-date in 2010, we have issued 10 permits for basement finishes. Siding and roofing permits have been trickling in at a slower pace than last year. We have issued a few single family addition permits. Forty-three permits have been issued to date. Rental units We have received $26,000 from rental applications for 2010. This represents about 80% of the estimated rental units. We have a good start on the inspections for these units but many more to inspect. To date, 248 properties with 986 total dwelling units have applied for the 2010 license. Planning Commission Agenda – 3/2/10 2 Development Notes In addition to the actual projects-in-progress noted above by the Building Department, development inquiries have been on the rise. The City has been fielding a number of calls related to possible downtown redevelopment (both small and large scale), potential expansions in Oakwood Industrial Park and Otter Creek Business Park, and new commercial construction along Highway 25. The City has also received a planning application for the replatting of the former Jacob Holdings (Denny Hecker) properties. The replatting is being requested to accommodate the sale of properties to an existing tenant. Downtown Planning During its February meeting, the EDA authorized moving forward with an RFP for downtown planning. This is an important step forward in achieving another of the goals set by the Comprehensive Plan. As Council may recall, the 2008 Comp Plan adopted the 1997 Downtown Revitalization Plan as policy, simply because no firm understanding on goals and objectives for the downtown were established in the comp planning process. However, the 2008 Comp Plan recognized that new planning efforts were needed to ensure that a vision and plan for action in the downtown was created and incorporated. Staff will be meeting the week of the 22nd to discuss the scope of the project, the construction of an RFP, and how to develop a general process framework for the project as a whole. The RFP will include a comprehensive approach to the planning effort, addressing a variety of factors, including: o Transportation system and vehicle circulation planning promoting the highest potential of land.  Major arterial and collector route intersections and access modifications  Pedestrian movement  Parking  Directional signage o Urban Design o Community Reader Boards o Financing programs and alternatives o Market analysis It is fully anticipated that the planning project will involve the efforts of a number of City commissions, as well as the downtown property owners and businesses, and other interested stakeholders. In approving the preparation of an RFP, the EDA authorized the use of TIF excess from Districts to fund the project. Planning Commission Agenda – 3/2/10 3 Upon completion, a draft of the RFP will be provided to the EDA and City Council for comment and approval. It is also expected that the Planning Commission will take an active role in the planning process for the project. Zoning Ordinance Revision MFRA consultant and City staff met with the IEDC on February 17th to review a draft of the zoning ordinance to date. The IEDC members were able to provide general feedback on the commercial and industrial district purpose statements, principal uses and accessory uses. The Steering Committee also met on the 17th and also reviewed the commercial and industrial districts in depth. Staff also met with MFRA last week to review the latest draft in its entirety. The next Steering Committee meeting will be on March 16th. Bertram Chain of Lakes Elected officials from both the County and City, as well as City staff, met with representatives from the YMCA on February 18th to discuss a 2010 acquisition. The County/City will also be applying for 2010 Legacy grant and LCCMR funds in the hopes of completing a 2011 purchase. As a side note – the Friends of Bertram Lake are now a formal organization under the umbrella of the MN Parks and Trails Council. They have a website, Facebook page and email subscriber list, with supporters and friends numbering in the hundreds. NSP Grant To date, 7 closings have occurred utilizing NSP funds. These funds have been provided for down payment assistance and rehab of existing foreclosed homes. The City recently submitted an application asking for the State to consider adding a few more neighborhoods to the existing grant boundaries. Previously grants funds could only be utilized within West Monticello, Core City, Featherstone, Nathan’s Court, Hunters Crossing, and Sunset Ponds. Due to the fact we requested our land acquisition and demolition dollars be transferred to the down payment assistance funds, the Core City was removed as an eligible neighborhood. The State recently approved adding Cardinal Hills and Wildwood Ridge to eligible neighborhoods. The City still has $307,000 to spend by September. Mn/DOT TH 25 Mill and Overlay Project Update Mn/DOT plans to begin working on this mill and overlay project after the Labor Day weekend in hopes of minimizing impacts to seasonal traffic using this corridor. In addition, Mn/DOT informed City staff that they plan on bidding the project with a Planning Commission Agenda – 3/2/10 4 requirement that the contractor obtain a variance from the City allowing them to complete much of the work outside the standard work hours listed in our ordinance. This is being proposed to minimize traffic congestion after observing numerous traffic congestion issues during the mill and overlay project completed in Big Lake last fall. Since most of the properties abutting Highway 25 are commercial properties, this is likely a reasonable request, but if Council feels a variance would not be in the City’s best interest, it would be good to inform Mn/DOT of this now so they can bid the project assuming day-time work operations, which will affect their bid prices. Mn/DOT I-94 Twin Bridge Replacement Project Update Weather permitting, Mn/DOT hopes work will resume on the decking of the new westbound bridge in mid to late-March, and they hope that the new concrete deck slab can be poured in April. Mn/DOT feels they are slightly ahead of schedule on the project, but they are not yet willing to say it will be completed earlier than November as originally projected. School Boulevard Street Lighting Update Staff completed the plans and is working on cost estimates for a street and pedestrian lighting project for School Boulevard between Edmonson Avenue and Fenning Avenue/CSAH 18. This project will provide enhanced lighting for drivers on School Boulevard, as well as for pedestrians using the adjacent pathways and pedestrian crossings. Staff is working with Signature Lighting and Wright Hennepin to complete plans, cost estimates and photometric plans for Council to review during the first Council meeting in March. The last time this project was presented to Council there were various questions raised on how much of pathway would be lit and how much would not be. Staff therefore wanted to have photometric plans available at the meeting to better address such questions. Junk Amnesty Day/Recycling As the Planning Commission is likely aware, the City Council has eliminated the City Junk Amnesty Day due to budget constraints. The City has prepared a list of resources for the recycling and disposal of materials that previously had been brought to the retired Junk Amnesty Day. 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