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Planning Commission Agenda 06-02-2009 AGENDA MONTICELLO PLANNING COMMISSION June 2nd, 2009 6:00 PM Commissioners: Rod Dragsten, Charlotte Gabler, Lloyd Hilgart, William Spartz, and Barry Voight Council Liaison: Susie Wojchouski Staff: Angela Schumann, Gary Anderson, Steve Grittman – NAC 1. Call to order. 2. Consideration to approve the Planning Commission minutes of May 5th, 2009. 3. Citizen Comments. 4. Consideration of adding items to the agenda. 5. Public Hearing - Consideration of a request for an extension of an Interim Use Permit for the Alternative Learning Program, located in an I-1 (Light Industrial) District. Applicant: Monticello Independent School District 6. Public Hearing - Consideration of a request for amendment to the Monticello Zoning Ordinance, Chapter 3, Section 3-5, as related to the regulations for Off-Street Parking Applicant: City of Monticello 7. Consideration of a request for extension of a Conditional Use Permit for Planned Unit Development and Preliminary Plat for Mills Fleet Farm Addition. Applicant: Mills Properties, Inc. 8. Consideration of a request for extension of a Conditional Use Permit for a drive-through facility in the CCD. Applicant: Masters 5th Avenue 9. Consideration to review an update to the Conditional Use Permit for Planned Unit Development as related to Signage for the Monticello-Big Lake Hospital. 10. Consideration of an update on the Zoning Ordinance Request for Proposal process. 11. Community Development Director’s Update. 12. Adjourn. SPECIAL MEETING 4:30 FiberNet Monticello Head-End Building Tour 5:00 FiberNet Monticello Presentation Planning Commission Agenda – 06/02/09 1 5. Public Hearing – Consideration of a request to extend an existing Interim Use Permit for the Alternative Learning Program (ALP). Applicant: Monticello Independent School District (AS) REFERENCE AND BACKGROUND The Alternative Learning Program of the School District is seeking approval for an extension of their Interim Use Permit to operate in an I-1, Light Industrial, location. The original permit was considered for the 1997-1998 school year, and was approved concurrent with an ordinance amendment imposing conditions including the following: 1. A short-term termination date is established to ensure that the City’s industrial development objectives were not affected by the location of the school facility in industrial areas. 2. The building was remodeled only to the extent that convenient re-use by office or industrial users would still be possible. 3. The parking was judged to be adequate for the school use of the property. In relationship to these conditions, the City has no extended this interim use permit four times since the original application. Each time, the discussion by both the Planning Commission and City Council has related to the potential for an alternative location or a more permanent approval. However, it was determined that the temporary use was appropriate given the minimal impact on surrounding industrial properties and the lack of immediate need for industrial space at that location. It is has also been the general direction that the base property use continue to be industrial, rather than rezoning, in order to preserve the possibility for future business development. Additionally, staff would suggest that as the City will be undertaking a complete analysis of the zoning code in the near future, the goals for industrial districts, along with their permitted, conditional and interim uses will be reviewed. At that time, a discussion about uses such as the ALP can be placed in a more comprehensive context. As such, it would appear that the continuation of the IUP is appropriate at this time. The planning report for the original item has been provided for reference. ALTERNATIVE ACTIONS 1. Motion to recommend approval of the Interim Use Permit for the Alternative Learning Program, based on a finding that the use continues to raise no issues with the surrounding users, and continues to comply with the conditions above. 2. Motion to recommend denial of the Interim Use Permit, based on a finding that the site should revert to an industrial use consistent with the current zoning. Planning Commission Agenda – 06/02/09 2 3. Motion of other. STAFF RECOMMENDATION Staff recommends approval of the IUP. Although the interim use permit has evolved into a more permanent than temporary use, an upcoming review of the industrial district’s purpose statements and allowed uses may provide for a more suitable permanent option. As such, the interim permit may be the best alternative at this time. SUPPORTING DATA Exhibit A: Site Location Map Exhibit B: Staff Report of 09/02/97 Exhibit C: Planning Commission and City Council Minutes for 1997 Request Exhibit D: I-1 – Light Industrial District Standards Exhibit E: 2008 Official Zoning Map 1 F 9 'Fs Cn a aaa , j CD a C O ,C^D 2) (a O Y� VI V/ VI W CL O �F �. 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Piaq oq Illm OuTloom oilgnd v ILIg1 uanLO Xgoic)q st ao1IoN rJNI.L3gw OIanci 30 gOI,I.ON AUG -28-1997 09:20 - = 3 INC NAC NORTHWEST ASSOCIATED CONSULTANTS COMMUNITY PLANNING - DESIGN - MAfQKL7 RESEARCH PLANNING REPORT Cpp�, 1r0: Monticello Mayor and City Council Monticello Planning Commission FROM: Stephen Grittman DATE: August 27, 1997 RE: Monticello - Monticello School District - Alternative Learning Center FILE NO: 191.07-97. II - A. R FE ERERC OND BACKMM The Monticello School District has requested approval of their a�ems�itt for tallow public schools as interim uses In the 1-1 District, and the issuance of s P xisting building at 1248 Oakwood Drive E. The school districte H -Window building oses to occupy an st�gd 4,800 square foot, two story industrial building Simonson Lumber. The proposed use will be an treatment. Thedistrictool ohas indicatedram for that nts identified by the district for more indlvlduallzedroximatery 30 stud®nts, and is expected to the program will begin the school year with app expand to 50 or more students as the year goes on. There are two primary issues for the City to consider with this request. First is the amendment of the Zoning Ordinance to allow the school use in the industrial districtfor this Second is the district's application for an interim use permit allowingoccupancy school year. This request is being pursued as an interim u�'hese �� demlzi�g of t�arof fflc, possible MS related to school uses in industrial districts. 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA ERNlrT COM PHONE 612-595-9636 FAX 612-s95-9637 EMAIL NACQW 612 595 yti 'r r.CJJl AUG -28-1997 09:20 NAC pedestrian traffic generated by the school use, and parking supply for classroom use in a building designed for industrial use. Finally, the City has expressed an ongoing concern over the supply of industrial land. Consuming a portion of the available supply for non- industrial use raises this issue as well. With regard to the land supply issue, the interim use permit process gives the City the ability to accommodate the school districts needs, t l e«T damendmenatthe a clause requringthat term industial use +o tl Me sa. ...- F. _,- - - the building not be altered in such a way that would make reversion to industrial use too difficult. For instance, the use of temporary partitions, or other such modular improvements, would be more appropriate than significant permanent remodeling. With regard to traffic, the proposed site is located on County Road 117. Therefor, the mixing of traffic should not be s significant concern. Parking may be the most difficult issue for the current site. The district should be require to hastripe � d� teparking that some students we most of icient use of the available space. The district drive to the site, while others will use school transho� transportation. addition of parthe uncertain kingtlot needs, the City could consider a parking optionpermits area as demand is shown. A gravel surfaced temporary lot may be appropriate if the panting demand eventually exceeds the Supply. one special requirement of interim uses is the documented termination date. The district has not proposed a termination date at this time. Since interim uses are renewable, we would recommend a short time period, perhaps even one year. If remodeling improvements are minimal, the district should not have over -invested in this site. Moreover, if improvements are too extensive, the issue of reverting to industrial use becomes more of a concern for the City. Finally, the district has indicated their need to occupy the building while certain remodeling projects are still in progress. This could be coordinated with the Building Official to assure adequate life safety requirements are met during the project. O Decision 1. Amendment to the Zoning Ordinance establishing school uses as interim uses in the 1-1 Zoning District. AftM timl- Approve the proposed amendment as submitted. gttfimtive 2. Deny the proposed amendment as submitted. Decision 2. Issuance of an Interim Use Permit to the Monticello School District to operate an alternative school program at 1248 Oakwood Drive E. AUG -28-1997 09:21 NAC 612 595 9837 P.04/0"( Altemalive 1. Approve the interim use permit, with the conditions as listed on the attached Exhibit B. This alternative should be accompanied by a finding that the proposed use will not interfere with the City's long range objectives of encouraging industrial development in the area, due to the temporary nature of the permit, and the minimal alterations to the property. Me,., . ums,� Ceny www rote.• m use permit, This aMrnati" should be accompanied by a finding that the use would interfere with the City's long range industrial development goals. Staff believes that the alternative school use should be acceptable on a short tern basis. Due to the City's interest in industrial development, however, long term school use, or changes to the property which could tend to deter future industrial reuse, would not be compatible with the City's Comprehensive Plan. Therefor, staff would recommend approval only upon conditions which include a short range termination date, a limitation on remodeling improvements to the building (with an emphasis on temporary or modular improvements), and parking supply which is increased to meet demand as use dictates. --•-z In 6_ Exhibit A, Site Plan Exhibit B, Proposed Conditions to Interim Use Permit 97- C)19 Planning Commission Minutes - 9/2/97 ' • • • •. 4 1 ' • • 1 1 • FilmsJ • • 1 !-• 1 • • . • t • • • • • • • n • W. • 1 r u 1 RED • • a • • . 1 • 0■'.41' •� • • 1••.1 .1••1.11 1 .• • •1. 1. • • •.• • • � • .'.y4• •1.•- 1•1 ..W.•• .n1ro• .1 1 M-PI1,9117A4,7NMIll Orerfum- Steve Grittman, City Planner, reported the Monticello School District has requested approval of their request to allow public schools as interim use in the I-1 District, and the issuance of such a permit for an existing building at 1248 Oakwood Drive East. The school district proposes to occupy an existing 4,800 square foot, two story industrial building between the H -Window building and Simonson Lumber. The proposed use will be an alternative school program for students identified by the district for more individualized treatment. The district has indicated that the program will begin the school year with approximately 30-50 students, and is expected to expand to 50 or more students as the year goes on. There are two primary issues for the city to consider with this request. First is the amendment of the Zoning Ordinance to allow the school use in the industrial district. Second is the district's application for an interim use permit allowing occupancy for this school year. Proposed Conditions to interim use permit. 1. The interim use permit will terminate on August 31, 1998. Extension of the use of the subject property for public school purposes beyond the termination date may only be granted through reapplication to the City. 2. The District agrees to stripe the existing parking lot in a way which maximized the paved area for efficient parking supply and circulation. 3. The District agrees to expand parking area at the direction of the City. The City will direct expanded parking based on the City's observation of parking demand which causes the use of on -street parking at any time. 4. The use of the subject property will be for alternative classroom use during normal school hours only, and not for any other use. 5. The District may occupy the building during remodeling only at the direction and under conditions identified by the building official. Page 5 Planning Commission Minutes - 9/2/97 6. The district shall make every effort to avoid permanent changes to the building which, in the opinion of the Building Official, would not be characteristic of an industrial use. Chairman Frie opened the public hearing. Shelly Johnson, consultant for the Monticello High School, explained this program was started while he was the superintendent and stated there will be room in the new high school in approximately two years. The Assistant Principal, Pam Ringstad, has made extensive efforts to find available space to continue this program. Many communities have facilities that are converted for this use. The Commissions inquired as to the ages of the students attending this school because of the traffic on Oakwood Drive, if school buses would be trying to enter the parking lot, and if major changes were being made to the building. - Mr. Johnson stated the students are high school age and because of this many will be driving. If school transportation is used it will be a van not a bus. The school is only leasing the space for the alternative learning program not purchasing the building. The remodeling will not prohibit this building from being an industrial office in the future; the structure will not be changed. RICHARD CARLSON MADE A MOTION TO APPROVE, SECONDED BY ROD DRAGSTEN, AN AMENDMENT TO THE ZONING ORDINANCE ESTABLISHING INTERIM USES IN THE I-1 ZONE. MOTION BASED ON THE FINDING IDENTIFIED IN THE PLANNER'S REPORT. Motion passed unanimously. DICK MARTIE MADE A MOTION TO APPROVE, SECONDED BY RICHARD CARLSON, AN AMENDMENT TO THE ZONING ORDINANCE ESTABLISHING SCHOOL USES AS INTERIM USES IN THE I-1 ZONING DISTRICT. MOTION BASED ONT HE FINDING IDENTIFIED IN THE PLANNER'S REPORT Motion passed unanimously. RICHARD CARLSON MADE A MOTION TO APPROVE, SECONDED BY ROD DRAGSTEN, THE ISSUANCE OF AN INTERIM USE PERMIT TO THE MONTICELLO SCHOOL DISTRICT TO OPERATE AN ALTERNATIVE SCHOOL PROGRAM AT 1248 OAKWOOD DRIVE E. SUBJECT TO THE FINDINGS THAT THE PROPOSED USE WILL NOT INTERFERE WITH THE CITY'S LONG RANGE OBJECTIVES OF ENCOURAGING INDUSTRIAL DEVELOPMENT IN THIS AREA, DUE TO THE TEMPORARY NATURE OF THE PERMIT, AND THE MINIMAL ALTERATIONS TO THE PROPERTY. THE FOLLOWING CONDITIONS APPLY: Page 6 Planning Commission Minutes - 9/2/97 1. THE INTERIM USE PERMIT WILL TERMINATE ON AUGUST 31, 1998. EXTENSION OF THE USE OF THE SUBJECT PROPERTY FOR PUBLIC SCHOOL PURPOSES BEYOND THE TERMINATION DATE MAY ONLY BE GRANTED THROUGH REAPPLICATION TO THE CITY. 2. THE DISTRICT AGREES TO STRIPE THE EXISTING PARKING LOT IN A WAY WHICH MAXIMIZED THE PAVED AREA FOR EFFICIENT PARKING SUPPLY AND CIRCULATION. 3. THE DISTRICT AGREES TO EXPAND THE PARKING AREA AT THE DIRECTION OF THE CITY. THE CITY WILL DIRECT EXPANDED PARKING BASED ON THE CITY'S OBSERVATION OF PARKING DEMAND WHICH CAUSES THE USE OF ON -STREET PARKING AT ANY TIME. 4. THE USE OF THE SUBJECT PROPERTY WILL BE FOR ALTERNATIVE CLASSROOM USE DURING NORMAL SCHOOL HOURS ONLY, AND NOT FOR ANY OTHER USE. 5. THE DISTRICT MAY OCCUPY THE BUILDING DURING REMODELING ONLY AT THE DIRECTION, AND UNDER CONDITIONS IDENTIFIED BY THE BUILDING OFFICIAL. 6. THE DISTRICT SHALL MAKE EVERY EFFORT TO AVOID PERMANENT CHANGES TO THE BUILDING WHICH, IN THE OPINION OF THE BUILDING OFFICIAL, WOULD NOT BE CHARACTERISTIC OF AN INDUSTRIAL USE. MOTION BASED ON THE FINDING IDENTIFIED IN THE PLANNER'S REPORT. Motion passed unanimously. Page 7 q7 --a19 Council Minutes - 9/8/97 A. Consideration Qan amendment to the zoning ordinance establishing public schools as an. interim use in the 1-1 zone. Applicant, Monticello Public Schools_ Recommendation: Approve the zoning ordinance amendment establishing school uses as an interim use in the I-1 zone. SEE ORDINANCE AMENDMENT NO. 295. A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY ROGER CARLSON TO APPROVE THE CONSENT AGENDA AS RECOMMENDED. Motion carried unanimously. q'1 -o19 Council Minutes - 9/8/97 �� -� •�.. B. Consideration of an anpjiQaion for an interim use permit all win a public use in an I-1 zone. ApWicant, Mon ticeHo Public Schools. Recommendation: Approve issuance of an interim use permit to the Monticello School District to operate an alternative school program at 1248 Oakwood Drive East with the following conditions: 1. Interim Use Permit will terminate on August 31, 1998. Extension of the use of the subject property for public school purposes beyond the termination date may only be granted through reapplication to the City. 2. The District agrees to stripe the existing parking lot in a way which maximizes the paved area for efficient parking supply and circulation. 3. The District agrees to expand parking area at the direction of the City. The City will direct expanded parking based on the City's observation of parking demand which causes the use of on -street parking at any time. 4. The use of the subject property will be for alternative classroom use during normal school and evening hours but no later than 10 p.m. The property will not be used for any other use. 5. The District may occupy the building during remodeling only at the direction and under conditions identified by the Building Official. 6. The District shall make every effort to avoid permanent changes to the building which, in the opinion of the Building Official, would not be characteristic of an industrial use. Approval is based on the finding that the proposed use will not interfere with the City's long-range objectives of encouraging industrial development in the area due to the temporary nature of the permit and the minimal alterations to the property. A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY ROGER CARLSON TO APPROVE THE CONSENT AGENDA AS RECOMMENDED. Motion carried unanimously. CHAPTER 15B "I-1" LIGHT INDUSTRIAL DISTRICT SECTION: 1513-1: Purpose 1513-2: Permitted Uses 1513-3: Permitted Accessory Uses 15B-4: Conditional Uses 1513-5: Interim Uses 15B-1: PURPOSE: The purpose of the "I-1," light industrial, district is to provide for the establishment of warehousing and light industrial development. 1513-2: PERMITTED USES: The following are permitted uses in an "I-1" district: [A] Radio and television. [B] Research laboratories. [C] Trade school. [D] Machine shops. [E] Paint mixing. [F] Bus terminals and maintenance garage. [G] Warehouses. [H] Laboratories. [I] Essential services. [J] Governmental and public utility buildings. [K] Manufacturing, compounding, assembly, or treatment of articles or merchandise. [L] Manufacture of musical instruments, novelties, and molded rubber products. MONTICELLO ZONING ORDINANCE [M] Manufacture or assembly of electrical appliances, instruments, and devices. [N] Manufacture ofpottery or other similar ceramic products using only previously pulverized clay and kilns fired only by electricity or natural gas. [O] Manufacture and repair of electrical signs, advertising structure, light sheet metal products, including heating and ventilation equipment. [P] Blacksmith, welding, or other metal shop. [Q] Laundries, carpet, and rug cleaning. [R] Bottling establishments. [S] Building material sales and storage. [T] Broadcasting antennae, television, and radio. [U] Camera and photographic supplies manufacturing. [V] Cartage and express facilities. [W] Stationery, bookbinding, and other types of manufacturing of paper and related products but not processing of raw materials for paper production. [X] Dry cleaning establishments and laundries. [Y] Electric light or power generating stations, electrical and electronic products manufacture, electrical service shops. [Z] Engraving, printing and publishing. [AA] Jewelry manufacturing. [BB] Medical, dental, and optical laboratories. [CC] Storage or warehousing. [DD] Wholesale business and office establishments. 1513-3: PERMITTED ACCESSORY USES: The following are permitted accessory uses in an "I-1" district: MONTICELLO ZONING ORDINANCE [A] All permitted accessory uses as allowed in the 'B-4" district. 1513-4: CONDITIONAL USES: The following are conditional uses in an "I-1" district: (Requires a conditional use permit based upon procedures set forth in and regulated by Chapter 22 of this ordinance). [A] Open and outdoor storage as an accessory use provided that: 1. The area is fenced and screened from view of neighboring residential uses or, if abutting a residential district, in compliance with Chapter 3, Section 2 [G], of this ordinance. 2. Storage is screened from view from the public right-of-way in compliance with Chapter 3, Section 2 [G], of this ordinance. Storage area is grassed or surfaced to control dust. 4. 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 2 [H], of this ordinance. 5. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. [B] Open or outdoor service, sale, and rental as a principal or an accessory use and including sales in or from motorized vehicles, trailers, or wagons provided that: Accessory outside service, sales, and equipment rental connected with a principal use is limited to thirty (3 0) percent of the gross floor area of the principal use. 2. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with Chapter 3, Section 2 [G], of this ordinance. 3. 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 2 [H], of this ordinance. 4. Sales area is grassed or surfaced to control dust. MONTICELLO ZONING ORDINANCE 5. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. [C] Industrial planned unit development as regulated by Chapter 20 of this ordinance. [D] Amusement places (such as roller rinks and dance halls) and bowling alleys. [E] Consignment sales provided that: Sales and storage are not to exceed 1,000 square feet in area. 2. At least 80% of the sales shall be of consigned merchandise. 3. No auctions shall take place on the premises. 4. There shall be no outside storage. 5. The provisions of Chapter 22 are considered and satisfactorily met. 6. The parking requirements of Chapter 3, Section 5, are complied with in full. [F] Automobile repair - major and/or minor: The entire site other than that taken up by a building, structure, or plantings shall be surfaced with a material to control dust and drainage which is subject to the approval of the City Engineer. 2. A drainage system subject to the approval of the City Engineer shall be installed. The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right-of-way and shall be in compliance with Chapter 3, Section 2 [H], of this ordinance. 4. At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Chapter 3, Section 7 [G], of this ordinance. 5. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with Chapter 3, MONTICELLO ZONING ORDINANCE Section 2 [G], of this ordinance. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Chapter 3, Section 9, of this ordinance. 7. Provisions are made to control and reduce noise. 8. No outside storage except as allowed in compliance with Chapter 13, Section 4, of this ordinance. 9. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions. 10. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. [G] Truck/heavy equipment repair The entire site other than taken up by a building, structure, or plantings shall be surfaced with a material to control dust and drainage which is subject to the approval of the City Engineer. 2. A drainage system subject to the approval of the City Engineer shall be installed. 3. The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right-of-way and shall be in compliance with Chapter 3, Section 2 [H], of this ordinance. 4. At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Chapter 3, Section 7 [G], of this ordinance. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with Chapter 3, Section 2 [G], of this ordinance. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Chapter 3, Section 9, of this ordinance. MONTICELLO ZONING ORDINANCE 7. Provisions are made to control and reduce noise. 8. No outside storage except as allowed in compliance with Chapter 13, Section 4, of this ordinance. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions. 10. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. 11. A specific area shall be designated for the exterior storage of semi - truck trailers and/or other vehicles and/or equipment accessory and incidental to the truck which is being repaired/serviced. [H] Prototype rubber burning furnace incidental to principal use provided that: Furnace must meet all existing or future air emission standards as established by federal or state pollution control agencies. 2. Stack height must be high enough to eliminate potential of stack gases being trapped at ground level by the effect of wind flow around buildings. On or before a date determined by the City, furnace owner will complete all emissions testing on prototype furnace and will apply for an air emission permit from the PCA even if exempt from PCA regulations. Furnace design must meet or exceed proportional requirements for a 1 million BTU furnace as required by the PCA. Failure of emission tests during prototype development or failure to obtain permission to sell this product in Minnesota shall terminate conditional use permit. 4. Regular use of the furnace shall be limited to the heating season. Non -heating season use of the system shall be limited to testing and demonstration. Furnace shall not by operated for the sole purpose of reducing waste tires. 5. A 6 -foot, 90% opaque fence shall be used to screen waste tire storage areas. No waste tires shall be in plain view. 6. Complaints made by area property owners about the furnace MONTICELLO ZONING ORDINANCE 4[A]. controlled emissions may be sufficient cause for the City to withdraw the conditional use permit and therefore halt furnace operation. 7. If it is determined by the Minnesota Pollution Control Agency that waste ash is hazardous waste, it shall be disposed of in a manner approved by the City of Monticello and the Minnesota Pollution Control Agency. (#188, 5/14/90) (#222, 2/24/92) [I] Outdoor go-cart tracks provided that: The proposed use must meet all conditions of Chapter 3, Section 2. The conditional use permit will be reviewed yearly to determine whether or not it is compatible with neighboring properties and in conformance with conditions of the conditional use. A solid wood, six-foot high fence must be part of the screening required when the adjacent property is residential. 4. Dust and noise (70DB at residential property line) must be at all times to the satisfaction of the City. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. (#313, 6/8/98) 15B-5: INTERIM USES: The following are interim uses in an I 1 District (requires an interim use permit based on the procedures set forth in and regulated by Chapter 22 of this ordinance): [A] Public educational institutions, limited to schools for elementary, junior high, and senior high aged students, provided that: A specified termination date is documented. 2. The proposed parcel has adequate improved parking to accommodate the student capacity. 3. The proposed building is constructed or altered only in ways which do not interfere with future refitting for industrial use. (#295, 9/8/97) MONTICELLO ZONING ORDINANCE 19, A f7l,A!!M eA E 0 NtIM1101 0 Planning Commission Agenda – 06/02/09 1 6. Public Hearing - Consideration of a request for amendment to the Monticello Zoning Ordinance, Chapter 3, Section 3-5, as related to the regulations for Off- Street Parking Applicant: City of Monticello. (AS) REFERENCE AND BACKGROUND Staff has brought this item forward based on the findings of the recent City-wide spring public nuisance inspections. These inspections found a high number of zoning violations related to side yard parking of both passenger and recreational vehicles. In 2007, the Planning Commission approved an amendment to the off-street parking regulations of the zoning ordinance. These amendments defined the location, type and surfacing allowed for off-street parking. The amended ordinance is attached for reference. At the time of the amendments, Planning Commission recommended, and the City Council approved, amendments requiring that both recreational and passenger vehicles parking in side yards were required to be parked on a surface. The City Council included a broad array of surfacing material choices to allow for the greatest amount of flexibility for properties. However, given the results of the spring 2009 inspections, and internal staff discussion regarding inconsistencies and lack of clarity in the ordinance, staff believed it important to bring the item back for additional review and discussion. In particular, staff is seeking clarification and direction on the following items: 1. Permitted locations for recreational vehicle parking 2. Permitted locations for motorhome vehicle parking (which may or may not be included in recreational vehicle terminology) 3. Parking surface requirements in the side yard for vehicle parking, including recreational, motorhome and passenger vehicle parking 4. Rear yard parking restrictions by area At this time, staff is not proposing any amendment language. Rather, during the meeting staff will present a series of illustrations to the Planning Commission and request direction pertaining to each scenario. It is also proposed that rather than a simple language amendment, a table and illustration format be incorporated into the ordinance to support ease of use and application. ALTERNATIVE ACTIONS As no specific ordinance language has been prepared at this time, no action required at this time. Staff will use the direction provided by the Commission to prepare ordinance language for a future meeting. Planning Commission Agenda – 06/02/09 2 SUPPORTING DATA Exhibit A: Monticello Zoning Ordinance, Section 3-5 Exhibit B: Planning Commission Minutes of July 11th, 2007 Exhibit C: 2007 Off-street Parking Illustration Exhibit D: 2009 Violation Images & Information (d) More than Two An additional 100 square feet Bedroom Units for each additional bedroom 3. ELDERLY (SENIOR CITIZEN) HOUSING: Living units classified as elderly (senior citizen) housing units shall have the following minimum floor areas per unit: (a) Efficiency Units 440 square feet (b) One Bedroom 520 square feet [H] EFFICIENCY APARTMENTS: Except for elderly (senior citizen) housing, the number of efficiency apartments in a multiple dwelling shall not exceed five (5) percent of the total number of apartments. In the case of elderly (senior citizen) housing, efficiency apartments shall not exceed twenty (20) percent of the total number of apartments. 3-5: OFF-STREET PARKING REQUIREMENTS: [A] PURPOSE: The regulation of off-street parking spaces in these zoning regulations is to alleviate or prevent congestion of the public right-of-way and to promote the safety and general welfare of the public by establishing minimum requirements for off-street parking of motor vehicles in accordance with the utilization of various parcels of land or structures. [B] APPLICATION OF OFF-STREET PARKING REGULATION: The regulations and requirements set forth herein shall apply to all off-street parking facilities in all of the zoning districts of the city. [C] SITE PLAN DRAWING NECESSARY: All applications for a building or an occupancy permit in all zoning districts shall be accompanied by a site plan drawn to scale and dimensioned indicating the location of off-street parking and loading spaces in compliance with the requirements set forth in this section. [D] GENERAL PROVISIONS: FLOOR AREA: The term "floor area" for the purpose of calculating the number of off-street parking spaces required shall be determined on the basis of the exterior floor area dimensions of the buildings, structure, or use times the number of floors, minus ten (10) percent. 2. REDUCTION OF EXISTING OFF-STREET PARKING SPACE OR LOT AREA: Off-street parking spaces and loading spaces or lot area existing upon the effective date of this ordinance shall not be reduced in number or size unless said number of size exceeds the requirements set forth herein for a similar new use. 3/30 3. NON -CONFORMING STRUCTURES: Should non -conforming structures or use be damaged or destroyed by fire, it may be re-established if elsewhere permitted in these zoning regulations, except that in doing so, any off-street parking or loading space which existed before shall be retained. 4. CHANGE OF USE OR OCCUPANCY OF LAND: Any change of use or occupancy of land already dedicated to a parking area, parking spaces, or loading spaces shall not be made, nor shall any sale of land, division, or subdivision of land be made which reduces area necessary for parking, parking stalls, or parking requirements below the minimum prescribed by these zoning regulations. 5. CHANGE OF USE OR OCCUPANCY OF BUILDING: Any change of use of occupancy of any building or buildings, including additions thereto, requiring more parking area shall not be permitted until there is furnished such additional parking spaces as required by these zoning regulations. 6. PUBLIC PARKING LOTS: In the event of a change of use or occupancy of land and/or buildings where such change shall cause the new use to be in violation of the minimum parking requirements of this section, the Planning Commission may recommend approval of a variance which would grant the use of public parking spaces in a sufficient number to bring the total number of parking spaces (public and private) into compliance with the minimum requirements of this section. For each public parking space required to comply with the minimum requirements of this section, an annual fee shall be paid to the City, said fee to be established on an annual basis by the City Administrator. Any variance request to utilize public parking space shall be reviewed in accordance with the provisions of Chapter 23 of this ordinance and shall require final approval of the City Council. 7. Off-street parking facilities accessory to residential use may be utilized solely for the parking of licensed and operable passenger automobiles, no more than one (1) truck not to exceed gross capacity of nine thousand (9,000) pounds, and recreational vehicle and equipment. Not more than one recreational vehicle or trailer may be parked in a residential driveway at one time. Any additional recreational vehicles or trailers must be parked behind the front building line of to principle structure. For purposes of this ordinance, recreational vehicles shall include snowmobiles, ATV's, campers, trailers, motorhomes, boats, and the like. Under no circumstances shall required parking facilities accessory to residential structures be used for the storage of commercial vehicles or equipment or for the parking of automobiles belonging to the employees, owners, tenants, or customers of business or manufacturing establishments. (#465, 8/27/07) 3/31 8. CALCULATING SPACE: (a) When determining the number of off-street parking spaces results in a fraction, each fraction of one-half (1/2) or more shall constitute another space. (b) In stadiums, sports arenas, churches, and other places of public assembly in which patrons or spectators occupy benches, pews, or other similar seating facilities, each twenty-two (22) inches of such seating facilities shall be counted as one (1) seat for the purpose of determining requirements. (c) Should a structure contain two (2) or more types of use, each shall be calculated separately for determining the total off-street parking spaces required. 9. STALL, AISLE, AND DRIVEWAY DESIGN: (a) PARKING SPACE SIZE: Each parking space shall be not less than nine (9) feet wide and twenty (20) feet in length exclusive of access aisles, and each space shall be served adequately by access aisles. EXCEPTION: Where desired, up to 25% of the parking spaces may be not less than seven and one-half (7-1/2) feet in width and not less than sixteen (16) feet in length when served adequately by access aisles to accommodate compact car parking and should be marked as such. (b) WITHIN STRUCTURES: The off-street parking requirements may be furnished by providing a space so designed within the principal building or one (1) structure attached thereto; however, unless provisions are made, no building permit shall be issued to convert said parking structure into a dwelling unit or living area or other activity until other adequate provisions are made to comply with the required off- street parking provisions of this ordinance. (c) Except in the case of single, two-family, and townhouse dwellings, parking areas shall be designed so that circulation between parking bays or aisles occurs within the designated parking lot and does not depend upon a public street or alley. Except in the case of single, two-family, and townhouse dwellings, parking area design which requires backing into the public street is prohibited. (d) No curb cut access shall be located less than forty (40) feet from the intersection of two (2) or more street right-of-ways. This distance shall be measured from the intersection of lot lines. (e) Except in the case of single family, two-family, and townhouse dwellings, parking areas and their aisles shall be developed in compliance with the following standards: 3/32 WALL WALL TO INTERLOCK TO TO INTERLOCK INTERLOCK ANGLE MINIMUM MINIMUM MINIMUM 30 48.6' 44.5' 40.3' 45 56.8' 53.4' 50.0' 60 62.0' 59.7' 57.4' 90 64.0' 64.0' 64.0' Parallel Parking: Twenty-two (22) feet in length. (f) The maximum driveway width between the public street and the property line shall not exceed twenty-four (24) feet with the following exceptions: 1. Within all districts, a five foot radius curb may be constructed at the public street in addition to the maximum driveway width allowed. 2. Curb cut access in industrial and commercial zoning districts may exceed twenty-four (24) feet with the approval of the City Engineer and the Zoning Administrator. Denial by the City Engineer or Zoning Administrator of curb cut access in excess of twenty-four (24) feet may be appealed following the procedures outlined in Chapter 23 of the zoning ordinance. (1/10/00,#399) (g) Curb cut openings and driveways shall be at a minimum three (3) feet from the side yard property line in residential districts and five (5) feet from the side yard lot line in business or industrial districts. (h) Driveway access curb openings on a public street except for single, two-family, and townhouse dwellings shall not be located less than forty (40) feet from one another. (i) The grade elevation of any parking area shall not exceed five (5) percent. (j) Each property shall be allowed one (1) curb cut per one hundred twenty-five (12 5) feet of street frontage. All property shall be entitled to at least one (1) curb cut. Single family uses shall be limited to one (1) curb cut access per property. SURFACING: All areas intended to be utilized for parking of passenger vehicles and driveways shall be surfaced with concrete, bituminous, brick, concrete pavers, or masonry pavers. Beyond the front building line of a single family home, crushed granite, crushed limestone, con -bit and landscape rock may be utilized as surfacing materials. The City Engineer shall annually review the list of acceptable materials to be used for surfacing of any parking space as provided by this ordinance. (#465, 8/27/07) Except in the case of single family and two-family dwellings, driveways and stalls 3/33 shall be surfaced with six (6) inch class five base and two (2) inch bituminous topping or concrete equivalent. Drainage plans shall be reviewed by the City Engineer and subject to his approval. City staff may waive this requirement if it is determined that the drainage plans do not merit further study by the City Engineer. Staff determination in this regard shall be based on size of parking surface area, simplicity of design plan, and proximity/accessibility to existing storm sewer facilities. EXCEPTIONS: See D. 9 (s) Stall Aisle and Driveway Design Conditional Use Permit. (#192,7/9/90) (1) STRIPING: Except for single, two-family, and townhouses, all parking stalls shall be marked with white painted lines not less than four (4) inches wide. (m) LIGHTING: Any lighting used to illuminate an off-street parking area shall be so arranged as to reflect the light away from adjoining property, abutting residential uses, and public right-of-ways and be in compliance with Chapter 3, Section 2, [G] and [H] of this ordinance. (n) SIGNS: No sign shall be so located as to restrict the sight lines and orderly operation and traffic movement within any parking lot. (o) CURBING AND LANDSCAPING: Except for single, two-family, and townhouses, all open off-street parking shall have a perimeter curb barrier around the entire parking lot, said curb barrier shall not be closer than six (6) feet to any lot line as measured from the lot line to the face of the curb. In addition, no parking area may be located upon a public drainage and/or utility easement adjoining a public street. Grass, plantings, or surfacing material shall be provided in all areas bordering the parking area.. An exception to the setback requirement shall be granted in Business Districts where adjoining business provide for private cross access between parking lots. In such cases, driveway curb cuts up to 24 feet in width shall be permitted. Adjoining business properties may share full parking access of more than 24 feet with no curb barrier by Conditional Use Permit provided that: 1. The required landscaping and island areas within the shared parking lot meet the combined minimum as required by this Ordinance. 2. The parking lot meets the required setback at the perimeter of the parcels in question. 3. The curb cut access locations to the parking lot(s) are approved by the City Engineer. 4. A shared access and maintenance agreement is provided by the property owners and recorded against all subject properties. (#428, 8/22/05) EXCEPTIONS: See D. 9 (s) Stall Aisle and Driveway Design Conditional Use Permit. (#192, 7/9/90) 3/34 (p) REQUIRED SCREENING: All open, non-residential, off-street parking areas of five (5) or more spaces shall be screened and landscaped from abutting or surrounding residential districts in compliance with Chapter 3, Section 2, of this ordinance. (q) ALL DRIVEWAY ACCESS OPENINGS shall require a culvert unless the lot is served by storm sewer or is determined unnecessary by the Building Inspector. Size of culvert shall be determined by the Building Inspector but shall be a minimum of fifteen (15) inches in diameter. (r) CURBING: i. All commercial and industrial off-street parking areas and driveways in commercial areas shall have a six (6) inch non -surmountable continuous concrete curb around the perimeter of the parking area and driveways. ii. All off-street driveways and parking areas in the I-1, I-lA, and I-2 districts shall have a continuous, concrete, non -surmountable curb barrier. This requirement shall be modified only by the STALL, AISLE, AND DRIVEWAY DESIGN CONDITIONAL USE PERMIT as described in Section 3-5, Subd. [D] 9(s), or by a permit from the Zoning Administrator for a portion of the parking and driveway area which meets the following conditions: (#298, 10/13/97) a. The area is shown by adequate site plans and reasonable growth to be subject to a future expansion of the driveway and/or parking area. b. The area is shown by adequate drainage plans to be able to control drainage as recommended by the City Engineer. The Engineer may approve bituminous curbing as a temporary drainage control measure. C. The area is shown by adequate site plans to be able to control site traffic and circulation as recommended by the City Engineer. The Engineer may approve movable curb stops as a temporary traffic control measure. (#280, 6/10/96) iii. All curb designs and materials shall be approved by the City Engineer. EXCEPTIONS: See D. 9 (s) Stall Aisle and Driveway Design Conditional Use Permit. (s) STALL AISLE AND DRIVEWAY DESIGN CONDITIONAL USE PERMIT: Stall aisle and driveway design requirements as noted in (k) Surfacing, (o) Curbing and Landscaping, and (r) Curbing, may be lessened subject to the following conditions: 3/35 Any reduction in requirements requires completion of the conditional use permit process outlined in Chapter 22 of this ordinance. ii. Final approval of parking and driveway drainage plans associated with conditional use permit request shall be provided in writing by the City Engineer. Engineering expenses greater than the portion of building permit fee allocated for engineer plan review shall be paid by applicant prior to occupancy of structure. iii. Only properties which have existing buildings and are being expanded or remodeled for a new use shall be eligible for this conditional use permit. iv. The applicant must show, and the Planning Commission must find, that there are existing non -conformities of the property which are being eliminated by the expansion or remodeling which justify a deferral to the paving, landscaping, or curbing requirements. V. A deferral shall be considered by the City as a part of an application which includes full site plans, drawn to scale, of both the immediate paving, landscaping and curbing improvements and the ultimate paving, landscaping, and curbing improvements. vi. A deferral of paving, landscaping, and/or curbing shall be granted for no more than two (2) years, after which the paving, landscaping, and curbing shall be brought into conformance with zoning ordinance and the approved plans. vii. In all districts other than the A -O District, this deferral shall apply only to the required paving, curbing and landscaping which is applicable to the existing portion of the use and building. Paving, curbing and landscaping attributable to any expansion shall be installed at the time of the expansion. viii. In all districts other than the A -O District, this deferral shall be available only to those properties where the total value of building expansion or remodeling (as determined by the City of Monticello's Building Official) is equal to no more than 25% of the Estimated Market Value (EMV) of the Building as established by the Wright County Assessor at the time of the permit request. Subsequent requests shall use the original EMV as the baseline value. (1/24/00, #341) (t) PERMIT REQUIRED: A permit shall be required for the installation of any surfacing material intended to be utilized for off-street parking. The fee for an off-street parking permit shall be set forth in a fee schedule adopted by the City Council. The fee payment shall accompany the permit application. (8/27/07, #465) (u) HEADLIGHT SCREENING: In open, non-residential off-street parking areas, parking areas shall be designed to screen headlights from abutting or surrounding residential districts through the use of a half -berm design. Said design shall be 3/36 required in all instances where headlights are directed at surrounding or abutting residential properties. A half -berm is required in addition to any buffer yard landscaping requirements with a design as illustrated below: In the event that drainage or other conditions do not permit a berm of this size, a solid, maintenance free fence may be permitted for all or a portion of the retaining wall to the extent necessary to permit property drainage. Examples may include a two -foot retaining wall and berm, with a four foot tall fence section. This alternative may be allowed by Conditional Use Permit. Any fence proposed in lieu of the required design must be 100 percent opaque and in character with the surrounding area. (#471, 1/28/08) [E] MAINTENANCE: It shall be the joint and several responsibility of the lessee and owner of the principal use, uses, or building to maintain in a neat and adequate manner, the parking space, accessways striping, landscaping, and required fences. [F] LOCATION: All accessory off-street parking facilities required by this ordinance shall be located and restricted as follows: Required accessory off-street parking shall be on the same lot under the same ownership as the principal use being served except under the provisions of Chapter 3, Section 5 [I]. 2. Except for single, two-family, and townhouse dwellings, head -in parking directly off of and adjacent to a public street with each stall having its own direct access to the public street shall be prohibited. 3. Off-street parking within fifteen (15) feet of any street surface shall be allowed as long as it does not block any public sidewalk or pathway. (#466, 8/27/07) 4. The boulevard portion of the street right-of-way shall only be used for parking in a manner that does not block any public sidewalk or pathwa�#466, 8/27/07) 3/37 5. SETBACK AREA: Required accessory off-street parking shall not be provided in front yards or in side yards in the case of a corner lot in R-1, R-2, R-3, PZ, and B-1 districts. In the case of single family, two-family, and townhouse dwellings, parking shall be prohibited in any portion of the front yard except designated driveways leading directly into a garage or one (1) open, surfaced space located on the side of a driveway away from the principal use. Said extra space shall be surfaced with concrete or bituminous material. In the case of single family dwellings, parking shall be prohibited in any portion of the rear yard. In the case where the only attached or detached garage on a property is located in the rear yard, parking may be allowed in designated driveways leading directly into a garage, or on one (1) open, surfaced space located on the side of a driveway away from the principal use. Said extra space shall be surfaced with concrete, brick, bituminous, concrete pavers, masonry pavers, crushed granite, crushed limestone, con -bit, or landscape rock. (8/27/07, #465) In the case of single family dwellings, parking in the side yard shall be allowed on a surfaced space only. Said space shall be surfaced with concrete, bituminous, concrete pavers, or masonry pavers. Beyond the front building line of a house permitted surfacing materials shall also include crushed granite, crushed limestone, con -bit or landscape rock. (8/27/07, #465) [G] USE OF REQUIRED AREA: Required accessory off-street parking spaces in any district shall not be utilized for open storage, sale, or rental of goods, storage of inoperable vehicles as regulated by Chapter 3, Section 2 [M], of this ordinance, and/or storage of snow. [H] NUMBER OF SPACES REQUIRED: The following minimum number of off-street parking spaces shall be provided and maintained by ownership, easement, and/or lease for and during the life of the respective uses hereinafter set forth. 1. SINGLE FAMILY, TWO-FAMILY, AND TOWNHOUSE UNITS: Two (2) spaces per unit. 2. BOARDING HOUSE, FRATERNITY HOUSE, SORORITY HOUSE: At least two (2) parking spaces for each three (3) persons for whom accommodations are provided for sleeping. MULTIPLE FAMILY DWELLINGS: At least two (2) off-street parking spaces per unit with one (1) enclosed space per two (2) units. 4. PUBLIC PARKS, PLAYGROUNDS, AND PLAY FIELD: 3/38 MINUTES MONTICELLO PLANNING COMMISSION Wednesday, July 11th, 2007 6:00 PM Commissioners Present: Rod Dragsten, Charlotte Gabler, Lloyd Hilgart, William Spartz, and Barry Voight Council Liaison Absent: Brian Stumpf Staff Present: Angela Schumann, Gary Anderson Kimberly Holien - NAC 2. Call to order. Chairman Dragsten called the meeting to order and noted a full quorum of the Commission. Chairman Dragsten noted the absence of Council Liaison Stumpf. MOTION BY COMMISSIONER SPARTZ TO APPROVE THE PLANNING COMMISSION MINUTES OF JUNE 5t"2007. Voight made a correction to page 11, noting that the motion related to the variance to the St. Ben's sign height and size should indicate that an undue hardship does not exist. MOTION TO APPROVE THE MINUTES AS AMENDED SECONDED BY COMMISSIONER VOIGHT. MOTION CARRIED, 5-0. MOTION BY COMMISSIONER VOIGHT TO APPROVE THE PLANNING COMMISSION MINUTES OF JUNE 12th, 2007. MOTION SECONDED BY COMMISSIONER SPARTZ. MOTION CARRIED, 5-0. 3. Consideration of adding items to the agenda. Commissioner Gabler asked for clarification on maintenance of entrance monuments as item 10. Chairman Dragsten added as items 11 an update on group homes in Monticello; as item 12 the status of the conditional use permit for Walt's Pawn Shop, and as item 12 consideration to call for a public hearing regarding signage in the CCD. 4. Citizen comments. NONE. Hilgart stated that he is confused and thought that Commission had excluded areas to the west. Schumann clarified that was correct, that the Commission had not included area 1 on West Chelsea because of the adjacent residential. Pfeffer asked if any property fronting Chelsea would be part of the overlay district. Dragsten stated that the West Chelsea section in segment 1, outside of the 800' is not included in the freeway bonus district. Hilgart confirmed that 2 and 3 were included, but 1 was not. Holien clarified that any property within 800' would be included. Other properties outside of that would not be included. Dragten referred to lighting and other problems, and stated that for that reason, the Commission only included 2 and 3. However, properties already within 800' would be included. Pfeffer noted that 2 and 3 are beyond 800'. Dragsten explained that these areas are not abutting residential. Dragsten also indicated that the north side areas are all within 800'. Spartz asked if this went forward to City Council. Holien stated that it had not. Spartz asked if that was normal for such a lag between Commission and Council review. Holien reported that it isn't; but that it was requested that we have another public hearing. Voight stated that adding segment 1 isn't in the City's best interest due to visual pollution factors. Voight stated that he isn't certain that he likes the addition of segments 2 and 3, just because if it keeps extending it, it won't end. It will become a competition. He stated that while it might be helpful for travelers, they already have the blue information signs on the freeway. He indicated that he would think that if you see bigger signs, you'll know other things are there. Voight stated that although he is okay with the large signs, he doesn't believe them to be necessary. Voight asked about the size of the Holiday sign. Anderson stated that he believed it was 140 square feet. Voight stated that it is his opinion that sign is big enough. Dragsten stated that the consensus is that the original motion stands. Spartz stated that in driving by Rogers, you can see the sign posts, and it isn't aesthetically pleasing. As far as main businesses, word travels and people know where they are at. He stated that he thinks 200 square feet is adequate. Dragsten noted that if a plan comes in as a PUD, there is some flexibility. Hilgart asked what the Commission's options are. Holien referred to the previous meeting's report, which outlined map segments for Commission's choice on the extensions. Schumann indicated they could let the original motion stand. Chairman Dragsten closed the public hearing. The Commissioners indicated that they would let the original motion stand and recommended that the item move forward to the City Council. Voight noted that it would be the yellow map would be moving forward to the City Council. Dragsten stated that at this time, the Commission sees no need to change the motion. 8. Public Hearing — Consideration of a request for amendment to the Monticello Zoning Ordinance Chanters 3-2 and 3-5, as related to the exterior storageand parking of vehicles in residential districts. Applicant: Cit< o� f Monticello a. Rear -Yard Vehicle Storage Planner Holien presented the staff report, stating that this item had originally been heard at the April Planning Commission meeting. At that meeting, the Commission recommended that staff prepare additional amendments dealing with parking in the side yard and the parking area setback. As such, staff met with the Building Department on other items. The proposed ordinance is a result of those discussions. Holien stated that currently, vehicle parking is allowed in the side, rear and front on the designated driveway or on one additional surfaced space. Existing language stated that the one additional existing space must be surfaced with bituminous. There is no language on the surface material of front yard parking. Holien reported that the previous amendment stated that vehicle storage in the rear yard would be prohibited except for within a garage. In this amendment, it additionally regulates that vehicle parking would be allowed only the extra surfaced space or on a driveway leading to an accessory structure. Holien stated that the side yard amendment addresses the one surface space adjacent to a garage which must be setback 3' from the lot line. Staff has also addressed the requirements for surfacing. Holien noted that the ordinance does not currently address surfacing. This amendment addresses appropriate materials, including concrete, bituminous, pavers. Holien stated that due to unique configurations for corner lots, staff recommends that where someone is choosing a side yard parking space on these lots, the amendment proposes a 90% opacity screening, with 70% natural materials. Holien stated that the City does not currently require a permit for driveway construction. However, due to a continued litany of violations, staff has spoken with the Building Department and recommends requiring a permit on all driveway construction as a means to better manage relating information to people. The permitting process allows additional communication, specially related to drainage and utility easements. For example, property owners may construct parking over the 6' required drainage and utility easement to the 3' line, but the potential for ripping the surface up for utility or drainage needs is at owner's expense. The City feels it's important to be able to communicate that information. Finally, Holien stated that the amendment addressed the number of recreational vehicles allowed and parking on the boulevard. Holien stated that the boulevard item has been attached as a separate memo. Staff believes it's important to address recreational vehicles, including motor homes, ATVs, etc., in order to preserve driveways for registered vehicles. Holien stated that the ordinance limit is currently one truck plus recreational M vehicles and equipment. Holien stated that the amendment additionally limits this to no more than one recreational vehicle and equipment may be parked in residential driveway at one time. Any additional items are required to be parked behind the front building line. Holien stated that these amendments are aimed at helping with blight and nuisance issues. Holien stated that at this time, the language applies to single family units only, as multi and two units need to be addressed separately. Voight asked if recreational vehicles have to be parked behind front line on an improved surface. Holien stated that would be correct. Hilgart inquired if the ordinance amendment would mean that there would be no parking in the rear yard, unless there is a garage. Holien concurred, but stated that if the only garage is in the rear yard, the vehicles could be parking in spaces along side and in front. Hilgart commented that with these amendments you can't just put your snowmobiles on a trailer and park on the grass in the side yard. Hilgart inquired if only one recreational vehicle was allowed in the driveway, what about in sideyard. Holien stated that the property owner could park as many as they wanted on the surfaced area, as long as they don't encroach on the 3'. Spartz stated that his understanding was that the amendments were aimed at taking care of unlicensed and inoperable vehicles. Holien stated that the current ordinance already addresses those. The amendments go further in not allowing vehicles to be parked in rear yards. Anderson stated that boats, trailers and other recreational vehicles can still be parked in the rear yard. Those we want to leave as allowable uses. Anderson stated that what the City is trying to avoid is a car or pick-up truck, licensed or unlicensed, in the rear yard. Hilgart clarified that their snowmobiles on a trailer could be in the rear yard. Anderson confirmed. Schumann noted the Commission had dealt with these issues in regard to detached accessory structures amendments. Schumann commented on the balance between high-end neighborhoods and the need for storage of all accessory and recreational items. Spartz noted that he has rock on the side yard of his house. Anderson stated that the whole intent is to get junk vehicles out of the back yard. Vehicles should be parked inside or on an improved surface. Dragsten stated that in trying to do these other things, it may be that it is harder to get the junk vehicles item passed. Dragsten stated that currently, no one can park within 15' of the curb. Holien stated the subsequent memo addresses that item. 7 Dragsten noted the provision that driveway grading plans are subject to the approval. Anderson stated that a portion of driveway area is public right of way or may be drainage and utility easement. He noted that impervious surface impacts drainage and that there is area that is sufficient to allow for drainage. Sometimes these drainage swales get filled in. He explained that with more impervious, there is increased water run-off in these areas. Holien stated that the current ordinance actually requires the approval, but notes a waiver is allowable. Dragsten asked about surfacing requirements. Gabler asked about the acceptability of rock. Anderson stated that rock migrates out into City streets and into storm sewers and cause maintenance problems. Rock fits between grates. Gabler asked if the City could require a specific size of rock. Gabler noted that temporary driveways require rock entrances. Anderson stated that temporary rock entrances are required to be below the entrenchment behind the curb. It is also common for streets to have to be cleaned as part of development agreement. Chairman Dragsten closed the public hearing. Spartz re -stated that even with a long driveway, only one recreational vehicle would be allowed; the others would have to be on side or in rear. Hilgart stated that he likes the idea of saying you can't just park vehicles on the side of your house in the grass. Dragsten stated that what he and Commissioner Spartz are referring to is if you have a boat and four wheelers, where do you put them if you can't get them to the backyard. Anderson referred to growing families with three to four cars plus recreational vehicles. Anderson and Schumann clarified you could have your vehicles in the driveway, plus one truck or recreational vehicle. Holien stated that if you want all of your vehicles in the driveway and your one recreational vehicle, that was allowable. However, this amendment limits front driveway parking to one recreational vehicle. Hilgart stated that the ordinance isn't stating that you can't have multiple vehicles in your driveway. Anderson referred to the 30' required front yard setback, stating that typically four vehicles could fit within that distance. Anderson stated that where we will run into problems is with the R -2A lots where there is only room for two vehicles plus two in garage. They have shorter setback distances with sidewalks. Anderson said that in developing the amendment, staff tried to use common sense, and as much of what we've seen in the field, to develop something that fit. E:3 Dragsten asked about the 90% opacity and 70% natural screening for corner lots. Holien stated that is for corner lots with garages on the comer side. Anderson stated that in some of those cases, screening may be on property line, or setback line. Dragsten asked if they are required to stay out of drainage and utility easements. Anderson stated that if landscaping is put it in the easement, the property owner is ultimately responsible. Spartz asked about screening with visibility at corner. Anderson referred to setbacks and right of way, stating that there should be enough visible area, although street width variables and smaller setbacks may impact that. Spartz asked if language referencing the line of sight could be added. Holien indicated that it could be added. Dragsten asked about surfacing. Voight stated that item is what he is struggling with as well. He stated that the City would be asking the public to do a lot of stuff to improve the surface, which may be burdensome. He asked how significant it is to allow for rock. Anderson stated that the problem is maintenance. As long as it is maintained, there isn't a problem. However, with freeze -thaw, there are problems. Anderson suggested alternatives such as conbit (concrete bituminous), crushed concrete, and crushed granite. They are readily available. Dragsten stated that adding those gives people an alternative. Holien stated those could be added. Spartz stated that perhaps it should be materials to control dust and drainage. Dragsten clarified that rock area would be grandfathered in. Anderson confirmed, until deterioration. Dragsten inquired how would people know they would need a permit to do their driveway. At this time, there is no permit required Anderson stated that this requirement is basically so that the City knows when these things are occurring, so that people are aware of ordinance and setback limitations. It gives the City a way to get information out, to be more proactive rather than addressing violations. Gabler asked about permit fees. Anderson stated that would be decided later. It was noted that permits are required for sprinkler systems. Anderson expressed his appreciation for the Commission's consideration, MOTION BY COMMISSIONER HILGART TO RECOMMEND APPROVAL OF OF THE PROPOSED AMENDMENTS WITH THE NOTATION THAT ALTERNTAIVES TO PAVING BE ALLOWED, TO INCLUDE CONBIT, CRUSHED CONCRETE AND CRUSHED GRANITE, BASED ON A FINDING THAT THE AMENDMENTS ARE CONSISTENT WITH THE INTENT OF THE OFF-STREET PARK REGULATIONS AND WILL ASSIST IN PROTECTING THE HEALTH, SAFETY, AND GENERAL WELFARE OF THE COMMUNITY. 6 �q i`\ % 2 y.�.: � � ,\J / � � %� \y y� « w�� } »\� yy\g> .: !� \. % \ � �� \. \/. } »� ��\ 6 �� w�; : � � / p. �� * � " � � � /,� « va i I�rrrrr� .-e53e 3a1� 4- 1: x OL w Planning Commission Agenda – 06/02/09 1 7. Consideration of a request for extension of a Conditional Use Permit for Concept Stage and Development Stage Planned Unit Development approval for a multi-tenant shopping center, a Conditional Use Permit for Outdoor Storage, a Conditional Use Permit for a Car Wash, a Conditional Use Permit for a Motor Fuel Station/Convenience Store, a Conditional Use Permit for minor auto repair, and Preliminary Plat approval. Applicant: Mills Properties, Inc. (AS) REFERENCE AND BACKGROUND On June 12th, 2007, the Planning Commission reviewed and recommended approval of a concept and development stage planned unit development and preliminary plat request for the proposed Mills Fleet Farm project, submitted by Mills Properties, Inc. The City Council subsequently approved the requests on June 25th, 2007. On June 9th, 2008, the City Council (with the recommendation of the Planning Commission) granted the applicant an extension of the conditional use permit and preliminary plat for one year. Due to non-use, the conditional use permit for PUD and preliminary plat will expire on 9th, 2009. The Monticello Zoning Ordinance requires that conditional use permits expire due to non-use after one year. The Subdivision Ordinance requires that all preliminary platted property be final platted within 1 year. The extension letter sent by the applicant requests a two year extension period. The letter cites the economic conditions as the foundation for this request. The planning report for the original item has been provided for reference. ALTERNATIVE ACTIONS 1. Motion to recommend extension of the June 25th, 2007 Conditional Use Permit for Concept and Development Stage Planned Unit Development and Preliminary Plat for the proposed Mills Fleet Farm for a period of two years, with the condition that all previously approved conditions be assigned to the extension. 2. Motion to recommend denial of an extension of the June 25th, 2007 Conditional Use Permit Concept and Development Stage Planned Unit Development and Preliminary Plat for the proposed Mills Fleet Farm, based on a finding to be made by the Planning Commission. 3. Motion of other. STAFF RECOMMENDATION Staff recommends extension of the CUPs and preliminary plat as requested. Although the Commission has typically granted one year extensions, the Commission has consistently recommended for the extension. Planning Commission Agenda – 06/02/09 2 SUPPORTING DATA Exhibit A: Applicant Extension Request Exhibit B: Staff Report for City Council – 6/9/08 Exhibit E: Site Plans WIDSETH SMITH NOLTING May 5, 2009 Jeff O'Neill, City Administrator City of Monticello 505 Walnut St. Suite #1 Monticello, MN 55362 Re: Mills Properties Inc. Mills Fleet Farm - Monticello, MN 0115130070.000 Dear Mr. O'Neill: At the request of our client, Mills Properties Inc., we would like to again apply for an extension on the permitting approvals that have been granted by the City. This request is being made after a lot of thought and discussion by our client. No one expected that we would be in this kind of recession when the original requests were made and approvals were granted. Because of the economy, our client has decided to be proactive and delay construction of new stores until a better picture of the economy emerges. No one knows how long this recession will last either, so to prevent having to come to you again next year, they have requested that we obtain a two year extension if that is possible Please advise when this request will be taken up by the City so that we can attend to answer any questions you or the City, may have. In the meantime, if you have any questions, please feel free to contact me. Sincerely, Widseth Smith Nolting & Associates, Inc. ruce. R. Buxton, P.E./L.S. Project Engineer cc: Stewart C. Mills, Jr Henry C. Mills II Ron Obeidzinski M:\011560070-Monticello\011560070.000-New Store\Correspondence\Permits\Extension request 5-3-2009.doc 7804 Industrial Park Road ■ PO Box 2720 ■ Baxter, MN 56425-2720 ■ TEL: 218.829.51 17 ■ FAx: 218.829.2517 ■ WEB: www.wsn-mn.com ENGINEERING ARCHITECTURE LAND SURVEYING ENVIRONMENTAL SERVICES AA/EE0 City Council Agenda — 06/09/08 5D. Consideration to approve an extension of a Conditional Use Permit for Concept State and Development Stage Planned Unit Development approval for a multi -tenant shopping center, a Conditional Use Permit for Outdoor Storage, a Conditional Use Permit for a Car Wash, a Conditional Use Permit for a Motor Fuel Station/Convenience Store, a Conditional Use Permit for minor auto repair, and Preliminary Plat approval. A. REFERENCE AND BACKGROUND The Planning Commission unanimously recommended approval of the extension at their June 3rd meeting. On June 12th, 2007, the Planning Commission reviewed and recommended approval of a concept and development stage planned unit development and preliminary plat request for the proposed Mills Fleet Farm project, submitted by Mills Properties, Inc. The City Council subsequently approved the requests on June 256i, 2007. Due to non-use, the conditional use permit for PUD and preliminary plat will expire on June 25th, 2008. The Monticello Zoning Ordinance requires that conditional use permits expire due to non- use after one year. The Subdivision Ordinance requires that all preliminary platted property be final platted within 1 year. The extension letter sent by the applicant does not reference a specific timeline for the extension period. The extension letter states that no changes are proposed to the approved plan. The planning report for the original item has been provided for reference. B. ALTERNATIVE ACTIONS The Planning Commission recommends alternative 1 below. 1. Motion to extend the June 25"', 2007 Conditional Use Permit for Concept and Development Stage Planned Unit Development and Preliminary Plat for the proposed Mills Fleet Farm to a date to be specified by the Commission, with the condition that all previously approved conditions be assigned to the extension. 2. Motion to deny an extension of the June 25th, 2007 Conditional Use Permit Concept and Development Stage Planned Unit Development and Preliminary Plat for the proposed Mills Fleet Farm, based on a finding to be made by the Planning Commission. C. STAFF RECOMMENDATION Staff recommends extension of the CUPS and preliminary plat. This recommendation is consistent with the Council's recent one-year extensions for other conditional use and preliminary plat projects. D. SUPPORTING DATA Exhibit A: Applicant Extension Request Exhibit B: Staff Report for Planning Commission - June 12th, 2007 Exhibit C: City Council minutes of June 25th, 2007 Exhibit E: Site Plans MILLS PROPERTIES, INC. 512 Laurel Street P.O. Box 5055 Brainerd, MN 56401 218-829-3521 May 21, 2008 Jeff O'Neill, Administrator City of Monticello 505 Walnut St. Suite #1 Monticello, MN 55362 Re: Mills Properties Inc. Mills Fleet Farm - Monticello, MN Extension of Conditional Use Permit Approvals Dear Mr. O"Neill: This letter is to serve as a formal request to extend the Conditional Use Permit for Concept Stage Planned Unit Development approvals we have received to date on the referenced project. We understand they expire on June 25, 2008. As permitted by Chapter 22 of your Zoning Ordinance, we, as the applicant, are allowed to apply for an extension at least 30 days prior to expiration. Please consider this as that formal request with no proposed changes. As discussed during the meetings, we have several projects on which we are working and we are unable to begin this project prior to expiration of the approvals. Please advise the schedule for the meetings at which this will be considered, if any. Also advise if our presence is needed. We appreciate your consideration and look forward to receiving the extension to allow us time to complete other projects prior to starting construction on our new store in Monticello. If you have any questions, please do not hesitate to contact us. Sincerely, Mills Properties, Inc. Stewart C. Mills, Jr. Co -Owner cc: Henry C. Mills II Ron Obeidzinski Bruce R. Buxton Charlie Pfeffer I:\EBH\2008\R0NWIONTICELL0 EXT 5-21.doc Planning Commission Agenda — 06/12/07 Je 4. Public Hearing - Consideration of a request for a Conditional Use Permit for Concept Stage and Development Stage Planned Unit Development approval for a multi -tenant shopping center, a Conditional Use Permit for Outdoor Storage, a Conditional Use Permit for a Car Wash, a Conditional Use Permit for a Motor Fuel Station/Convenience Store, a Conditional Use Permit for minor auto repair, and Preliminary Plat approval. Applicant: Mills Fleet Farm. (NAC) BACKGROUND Fleet Farm is seeking a Conditional Use Permit for concept stage and development stage Planned Unit Development for the construction of a big box retail store, gas station, and car wash, as well as Preliminary Plat approval. The applicant is also requesting approval of a Conditional Use Permit for outdoor storage, a Conditional Use Permit for a car wash, a Conditional Use Permit for a motor fuel station/convenience store and a Conditional Use Permit for minor auto repair. The total site is 36.04 acres in size and is located within the Monticello Commerce Center on Chelsea Road. The applicant is proposing a 273,201 square foot retail building with outdoor storage on the south side of Chelsea Road and a 4,378 square foot motor fuel station with a car wash on the north side of Chelsea Road. Both sites are currently zoned I -IA, Light Industrial. A request for Rezoning and a Comprehensive Plan Amendment is currently being considered by the City for the site as part of a separate application. The applicant submitted a request for rezoning to B-4, Regional Business on the north side of Chelsea Road, and B-4, Regional Business on the south side of Chelsea Road. However, it should be noted that the applicant's narrative request submitted with the north side rezoning request refers to a request for B-3, Highway Business Zoning. On June 5a', the Planning Commission recommended approval of rezoning for the north side parcel to B-3. As the B-3 District includes the requested conditional uses, that district has been used for analysis purposes in this report. It should be noted that the B-4 zoning district would include as permitted or conditional all the uses of a B-3 district. The rezoning requests were heard by the Planning Commission at their May and June regular meetings, and will be acted on by the City Council on June 25ffi, 2007. ANALYSIS The subject site is located on Chelsea Road East, within the existing Monticello Commerce Center. The site is directly south of Interstate 94 and west of the CSAR 18 interchange. The site relies on PUD for shared parking, proof of parking, building height, and multiple buildings. Comprehensive Plan: Monticello's Comprehensive Plan currently designates this area for industrial use. Planning Commission Agenda — 06/12/07 CUP/PUD: A Planned Unit Development allows for flexibility in performance standards with the understanding that the development will be held to higher standards of site and building design than would ordinarily be required. It is the applicant's responsibility to design the development with significant benefits and communicate those benefits to the City for allowing a CUP/PUD. Preliminary Plat. The site is platted as Lot 1, Block 1, Lot 2, Block 1 and Lot 1, Block 2 of Mills Addition to Monticello. Lot 1, Block 1 is 29.79 acres in size and located on the south side of Chelsea Road. This lot will contain the Mills Fleet Farm retail store. Lot 2, Block 1 is also on the south side of Chelsea Road and is 3.87 acres in size. This lot is identified for future development. Lot 1, Block 2 is located on the north side of Chelsea Road and will contain the motor fuel station and car wash. This lot is 2.38 acres in size. Outdoor Storage. The applicant is proposing an outdoor storage area on the south side of the retail building, on Lot 1, Block 1. Open and outdoor storage is permitted as a conditional use in the B-4 District, provided the following conditions are met: 1. The area is fenced and screened from view of neighboring residential uses. Comment: The site abuts the Monticello High School property to the south, which is zoned R-1. The applicant is proposing a fence 18 feet in height constructed of metal fascia panels and expanded metal fence sections surrounding the outdoor , storage area, as well as landscaping to screen. A portion of the outdoor storage area will also be surrounded by precast concrete wall panels. The City may wish to comment on whether it believes a metal fence is appropriate for this area, in relationship to surrounding uses and standards. 2. Storage is screened from view from the public right of way. Comment: The storage area site does not abut any public right-of-way, and will be screened from Chelsea Road by the remainder of the building. 3. Storage area is grassed or surfaced to control dust. Comment: The outdoor storage area is proposed to be surfaced with concrete. 4. 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. Comment: A sample lighting plan from a similar Mills facility in Blaine was supplied for reference. However, no lighting plan specific to this site has been submitted at this time. Said plan shall be required as a condition of approval. Planning Commission Agenda — 06/12/07 As an additional condition of approval, staff recommends that no exterior racking be allowed anywhere on the site. Car Wash. The applicant is proposing a four -bay, touchless car wash on the north side of the motor fuel station site, on Lot 1, Block 2. Car washes are permitted by Conditional Use Permit in the B-3 District, subject to the following conditions: 1. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. Comment: The architectural appearance of the proposed buildings and function of the site will not be detrimental to the surrounding properties. However, staff provides additional comments on the overall design of the car wash in the "building design " section of this report. 2. Magazining or stacking space is constructed to accommodate that number of vehicles which can be washed during a maximum 30 minute period and shall be subject to the approval of the City Engineer. Comment: The site has approximately 180 feet of stacking space, adequate for up to nine vehicles. The proposed stacking space appears appropriate for the four car wash stalls. At the boundaries of a residential district a strip of not less than five feet shall be landscaped and screened in compliance with Chapter 3 Section 2 G of this ordinance. Comment: The site does not abut any residential districts. 4. Each light standard island and all islands in the parking lot shall be landscaped or covered. Comment: No lighting plan has been submitted at this time. Said plan shall be required as a condition of approval. 5. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with Chapter 3 Section 2 G of this ordinance. Comment: The site does not abut any residential districts. 6. The entire area other than occupied by the buildings or plantings shall be surfaced with material which will control dust and drainage which is subject to the approval of the City Engineer. Planning Commission Agenda — 06/12/07 Comment: The site is proposed to be surfaced with bituminous and concrete. 7. The entire area shall have a drainage system which is subject to the approval of the City Engineer. Comment: The drainage plan has been reviewed by the City Engineer and the applicant must comply with all recommendations outlined in his memo dated June 4, 2007. 8. All lighting shall be hooded and so directed that the light source is not visible from the public right of way or from an abutting residence and shall be in compliance with Chapter 3 Section 2 H of this ordinance. Comment: No lighting plan has been submitted at this time. Said plan shall be required as a condition of approval. 9. Vehicular access points shall be limited to create a minimum of conflict with through traffic movement and adjacent driveways and shall be subject to the approval of the City Engineer. Comment: Vehicular access is evaluated under the "access and circulation " portion of this report. , t` 10. All signing and informational or visual communication devices shall be in compliance with Chapter 3 Section 9 of this ordinance. Comment: All signage has been reviewed and is detailed under the "signage " section of this report. 11. Provisions are made to control and reduce noise. 12. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. Motor Fuel Station/Convenience Store. Motor fuel stations/convenience stores are allowed in the B-3 District by Conditional Use Permit, provided the following requirements are met: 1. Regardless of whether the dispensing sale or offering for sale of motor fuels and/or oil is incidental to the conduct of the use or business, the standards and requirements imposed by this ordinance for motor fuel stations shall apply. These standards and requirements are however in addition to other requirements which are imposed for other uses of the property. Planning Commission Agenda — 06/12/07 2. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. Comment: The architectural appearance of the proposed buildings and function of the site will not be detrimental to the surrounding properties. However, staff does have concerns regarding the architectural appearance of the buildings as related to the site's freeway visibility. These concerns are discussed later in this report. 3. The entire site other than that taken up by a building structure or plantings shall be surfaced with a material to control dust and drainage which is subject to the approval of the City Engineer. Comment: The site is proposed to be surfaced with bituminous and concrete. 4. A minimum lot area of twenty two thousand five hundred (22,500) square feet and minimum lot dimensions of one hundred fifty (150) feet by one hundred thirty (13 0) feet. Comment: The subject site is 103,673 square feet in area, 205 feet wide and 547 feet deep. 5. A drainage system subject to the approval of the City Engineer shall be installed. Comment: The City Engineer has reviewed the grading and drainage plans and has provided comments. These comments are detailed in a memo from the City Engineer dated June 4, 2007, and compliance with these comments will be required as a condition of approval. 6. A curb not less than six 6 inches above grade shall separate the public sidewalk from motor vehicle service areas. Comment: There is no public sidewalk adjacent to the motor vehicle service area. 7. The lighting shall be accomplished in such away as to have no direct source of light visible from adjacent land in residential use or from the public right of way and shall be in compliance with Chapter 3 Section 2 H of this ordinance. Comment: No lighting plan has been submitted at this time. Said plan shall be required as a condition of approval. Planning Commission Agenda — 06/12/07 8. Wherever fuel pumps are to be installed, pump islands shall be installed. Comment: Pump islands are proposed at all fuel pump locations. 9. At the boundaries of a residential district a strip of not less than five feet shall be landscaped and screened in compliance with Chapter 3 Section 7 G of this ordinance. Comment: The site does not border any residential districts. 10. Each light standard landscaped. Comment: The applicant has not submitted a photometric plan indicating the location of each light standard. This shall be required as a condition of approval, as well as landscaping of each standard. 11. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with Chapter 3 Section 2 G of this ordinance. Comment: The site does not border any residential districts. 12. Vehicular access points shall create a minimum of conflict with through traffic movement and adjacent driveways and shall comply with Chapter 3 Section 5 of this ordinance and shall be subject to the approval of the City Engineer. Comment: This issue is reviewed in detail in the "access and circulation " section of this report. 13. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Chapter 3 Section 9 of this ordinance. Comment: All signage has been reviewed for compliance, and detailed later in this report. 14. Provisions are made to control and reduce noise. 15. No outside storage except as al l owed in compliance with Chapter 13 Section 4 of this ordinance. Comment: No outdoor storage is proposed for the motor fuel site. It should also be noted that no outdoor sales and display is proposed for the car wash, motor fuel/convenience site, or big box site. Planning Commission Agenda — 06/12/07 No outdoor sales and display within the PUD will be permitted without the separate review and approval of a conditional use permit for that purpose. 16. Sale of products other than those specifically mentioned in Chapter 13 Section 4 be subject to a conditional use permit and be in compliance with Chapter 13 Section 4 F of this ordinance. 17. All conditions pertaining to a specific site are subject to change when the Council upon investigation in relation to a formal request finds that the general welfare and public betterment can be served as well or better by modifying the conditions. 18. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. Minor Auto Repair. The applicant is proposing an auto service center within the big box retail store where minor auto repair will be performed. The auto service center is located on the south side of the building, adjacent to Chelsea Road. Minor auto repair is allowed by Conditional Use Permit, subject to the same 18 conditions outlined above for the motor fuel station/convenience store use. The proposed auto service center is entirely enclosed within the principal building. Therefore, all conditions of approval are being evaluated as part of the big box retail store. Lot Requirements and Setbacks. The applicant has requested rezoning for the south portion of the site from I-lA to B-4, Regional Business. There is no minimum lot size or setback requirement for the B-4 District. On the north side of Chelsea Road, the B-3, Highway Business standards were applied. The following chart demonstrates the applicable performance requirements of the B-3 District, as well as what is proposed for the site: No minimum lot area is required for the B-3 District. However, the proposed motor fuel station use requires a minimum lot size of 22,500 square feet. The proposed car wash and convenience store buildings and accessory uses on the north side of Chelsea Road meet all setback requirements, as demonstrated above. Parking. The applicant is proposing a retail store with an auto center, warehouse and office space, a convenience store/gas station, and a car wash. Staff has Required Proposed Minimum Lot Size 22,500 sf 103,673 sf Lot Width 100 feet 205 feet Front Yard Setback 30 feet 50 feet Side Yard Setback 10 feet 30 feet Rear Yard Setback 30 feet 118 feet No minimum lot area is required for the B-3 District. However, the proposed motor fuel station use requires a minimum lot size of 22,500 square feet. The proposed car wash and convenience store buildings and accessory uses on the north side of Chelsea Road meet all setback requirements, as demonstrated above. Parking. The applicant is proposing a retail store with an auto center, warehouse and office space, a convenience store/gas station, and a car wash. Staff has Planning Commission Agenda — 06/12/07 reviewed the building areas for each use and calculated the required parking for the site. The following chart demonstrates the minimum number of parking stalls ; required for the site: Tenant Area (90%) Requirement Stalls Retail 175,497 sf 157,948 sf 1 space/200 sf of floor area 790 spaces Warehouse 78,416 sf 70,575 sf 1 space/500 sf of floor area 142 spaces Office 6,028 sf 5,426 sf 3 spaces plus 1/200 sf of area 31 spaces Auto Center 6,962 sf 6,266 sf 8 spaces plus 1/800 sf of area 19 spaces over 1,000 sf Sub -total require 982 spaces Convenience 4,3.78 sf 3,941 sf 1/200 sf of floor area 20 spaces Store/Gas Station Car Wash 5,100 sf 4,590 sf 0 in addition to gas station 0 Total Required 1,002 s aces The site plan illustrates 862 parking stalls on the retail store site, and 23 parking stalls on the gas station site, for a total of 885 parking stalls. The motor fuel station/car wash site on the north side of Chelsea Road is adequately parked with three excess stalls. As the site is a PUD, shared parking may be accommodated. In summary, the site is 117 parking spaces short of the minimum requirement. While the site is under -parked, a large number of stalls are provided. Due to the large amount of impervious parking area already provided, in lieu of providing additional parking stalls, staff recommends that the applicant provide proof of parking for the 117 additional stalls required. The proof of parking shall be provided on Lot 2, Block 1, which is currently reserved for future development, or elsewhere on the site. In the event that lack of parking becomes an issue for the retail site, the City may require construction of the proof of parking stalls. Landscaping. South Side Site Landscaping For commercial sites, a minimum of one overstory tree per 1,000 square feet of gross building floor area, or one tree per 50 lineal feet of site perimeter, whichever is greater, is required. The retail site on the south side of Chelsea Road has 3,913.63 lineal feet of site perimeter, requiring 79 overstory trees. Under the floor area calculation, 273 overstory trees would be required. As the floor area calculation is the greater of the two, the floor area calculation shall prevail, and 273 trees shall be required for the retail site. The applicant is proposing 273 overstory trees for the retail site, including Douglas Fir, Colorado Blue Spruce, Austrian Pine, Little Leaf Linden, Sugar Maple, River Birch, Common Hackberry and Manchurian Ash. Planning Commission Agenda — 06/12/07 The majority of the trees proposed are around the perimeter of the site and within parking lot islands. The applicant has provided 31 landscaped islands within the parking lot to break up the monotony of this large space. A total of nine overstory trees and ten shrubs are proposed on the north side of the retail building to screen the auto service center from Chelsea Road. The applicant has also provided a number of shrubs throughout the site. Future Retail Site Landscaping Lot 2 of Block 1, the future development site, contains 1816 feet of site perimeter, requiring 37 overstory trees. No trees are proposed for the future development site at this time, as landscaping for that area will be provided at the time of development. South Site Buffer Yard Landscapin In addition to the minimum landscape requirement, a buffer yard is also required adjacent to the south property line, due to the conflict in uses between the big box commercial retailer and the High School. A commercial to institutional land use conflict is considered an "A" level conflict. This conflict requires a 10 foot landscaped yard with a minimum of 40 plant units. The applicant is responsible for one half of this requirement. The applicant has provided a landscaped yard with 430 plant units along the south property line, satisfying the buffer yard requirement. The site borders an industrial use to the east, which is a level "B" conflict. The buffer yard requirement for the east property line is a 20 foot minimum landscaped yard with 80 plant units. The applicant has provided a 20 foot landscaped yard along the east property line with 470 plant units. The minimum requirement is therefore met in this location as well, and the industrial user to the east will not be responsible for any buffer yard plantings. North Side Site Landscaping The gas convenience store/car wash site contains 1424.58 feet of site perimeter, requiring 28 overstory trees, versus the nine that would be required under the floor area calculation. As such, the perimeter requirement shall prevail. The applicant has provided 28 overstory trees, satisfying the minimum requirement. Trees provided include Douglas Fir, Colorado Blue Spruce, Austrian Pine, Little Leaf Linden, River Birch, Common Hackberry and Manchurian Ash. The majority of the trees provided are along the site perimeter and within the vacuum island adjacent to the car wash. The applicant has also provided a number of shrubs. Shrubs are proposed between the overstory trees around the perimeter, and surrounding the pylon sign and monument sign. Planning Commission Agenda — 06/12/07 The City recognizes the value of interstate highway exposure to commercial and industrial developers. However, the City also wishes to avoid the undesirable monotony of fully exposed building sides and rears. Therefore, it is important to provide natural visual variety to the travelers on the interstate. Natural visual variety and pleasing aesthetics project a clean and welcoming image for the City. Commercial and industrial developers of lots/parcels having substantial exposure to the interstate shall be required to landscape/screen to provide 60% opacity year-round with at least 80% of such screening to be of natural materials. The proposed gas convenience store/car wash borders Interstate 94 to the north. The applicant has proposed dense vegetation on the north side of the site, including 12 trees. Of those, seven are evergreen trees to provide year-round screening. North Side Buffer Yard Landscaping The north Chelsea site also borders an industrial use to the west, which again is a level "B" conflict. The buffer yard requirement for the west property line is a 20 foot minimum landscaped yard with 80 plant units. The applicant is responsible for one half of this requirement. The applicant has provided a 10 foot landscaped yard along the east property line with 289 plant units. The applicant has provided the minimum number of plant units, as well as the minimum 10 foot landscaped yard. The property owner to the west shall be responsible for a 10 foot buffer yard as well. However, no additional plant units are required. As a note on overall landscaping, staff would recommend irrigation of all boulevard and buffer yard areas. Staff would also recommend that similar to other recently approved commercial and industrial projects, the applicant be required to provide overstory boulevard tree plantings. Additionally, similar to the Union Crossings PUD site, staff would recommend the use of pavers and scored concrete in pedestrian crossing areas and in handicap accessible areas of the parking surface. This recommendation is in lieu of striped pavement. Lighting. No lighting plan has been submitted at this time. A lighting plan specific to this development shall be required as a condition of approval. Signage. The applicant has submitted a signage plan, detailing proposed signs for both the big box retail store and the motor fuel station/car wash site. Pylon/Monument Signage The applicant is proposing a 400 square foot pylon sign on the north side of Chelsea Road to gain visibility from the freeway. In addition to the 400 square foot pylon the applicant is proposing a 126 square foot monument sign. No other freestanding signs are proposed in the remainder of the development. As stated, the applicant is proposing a 400 square foot pylon sign at a height of 50 feet. For the Union Crossings site on the north side of I-94, a sign of this area and 10 Planning Commission Agenda — 06/12/07 a height of 57 feet was permitted by PUD, provided that other signs in the project were limited to wall or monument signs, due to the size of the overall development and the size and number of the retail stores and other uses. The Union Crossings development contains Target, Home Depot, an inline retail center, a detached strip retail center, and other proposed uses. The subject Fleet Farm site is much smaller than the Union Crossings site, and contains only one user. Additionally, the site includes a provision for a 67 foot tall silo as part of the big box site. In that regard, staff does not believe the proposed 400 square foot sign at 50 feet in height is appropriate for the site. The site is within 800 feet of the freeway and is therefore allowed a freeway standard sign up to 32 feet in height and 200 square feet in area on either the north or south side of Chelsea Road. In that regard, staff recommends that the applicant reduce the size of the proposed pylon sign to not exceed 200 square feet and limit height to 32 -feet. . North Side Wall Siznage For the motor fuel store, wall signage up to 10 percent of the total facade may be provided for the site, not to exceed 100 square feet. The front facade of the building is 956.5 square feet in area. The rear facade is visible from I-94, for an additional 956.5 square feet of facade. The use is therefore eligible for 100 square feet of signage. The applicant has proposed four, 40 square foot LED display signs, and four, 32 square foot identification signs within the lighted canopy. Therefore, the total wall signage proposed is 288 square foot of signage, exceeding the maximum. The applicant is proposing five, 8 -foot wall signs for the car wash, as well as three, 9 -foot wall signs, for a total of 67 square feet of wall signage. Due to area of the facade for the car wash, the applicant is eligible for up to 100 square feet of signage. Therefore, the proposed signage is well within the parameters of the ordinance. The applicant has not utilized all wall signage permitted for the car wash, and therefore may be allotted the remaining 33 square feet to be used on the motor fuel store. However, the applicant has exceeded even the 133 square foot allotment. Staff recommends that the applicant eliminate signage or reduce the size of signage on the convenience store to not exceed 133 square feet. South Side Wall Siege On the south side of Chelsea Road, the big box retailer is visible from both Chelsea Road and Dundas Road. The total facade on the north elevation, visible from Chelsea Road, is 9,854 square feet. The facade area on the west elevation, visible from Dundas Road, is approximately 19,435 square feet. Ten percent of total facade area is equal to 2,929 square feet of signage. The ordinance states that the site is eligible for signage equal to 10% of the total facade, up to 100 11 Planning Commission Agenda — 06/12/07 square feet. In this case, the 10 percent calculation greatly exceeds 100 square feet. Therefore, the maximum allowable signage is equal to 100 square feet. The applicant has proposed 825 square feet of signage on the east elevation, and 199 square feet of signage on the north elevation. The total area of signage proposed therefore is 1,024 square feet. However, the current zoning ordinance language does not account for big box retail stores, where large wall signs do not appear out of place with the structure. The signage proposed by the applicant in this case is proportionate to the large building. Allowances relative to building size for wall signage were made for past projects which also include larger building facades. The applicant has not proposed any additional freestanding signs on the south side of Chelsea Road. Therefore, the proposed signage appears to be appropriate for the site. Access and Circulation. South Side Access and Circulation Access to the big box retail site is provided at two points extending south from Chelsea Road. One access is located in the far northeast corner, and one is located 140 feet to the west. The northwest access point is 45 feet in width where it intersects with Chelsea Road, wide enough for three lanes of traffic including a right -turn lane. The western access is only 30 feet in width where it intersects with Chelsea Road, only allowing enough space for two lanes of traffic. Staff recommends that the width of this west access be increased to provide additional space for a separate right -turn lane in this location as well. Staff also recommends that each access should include a protected right -turn lane along Chelsea Road. Internal drive lanes throughout the parking lot are a minimum of 24 feet in width, wide enough for two lanes of traffic. The drive lane on the north side of the site extending toward the auto center is 30 feet in width. A drive lane extends along the east property line and wraps around toward the south, providing access to the west side of the building. This drive will be utilized by trucks to access the loading dock area on the west side of the building. This drive lane is approximately 28 feet in width, and appears to provide adequate space for turning movements for truck traffic. North Side Access and Circulation Access to the motor fuel station and car wash site on the north side of Chelsea Road is provided at two points as well. Both access drives extend north from Chelsea Road into the site. Both drives are 30 feet in width, wide enough for two lanes of traffic with no turn lanes. Internal drive lanes are all a minimum of 30 12 Planning Commission Agenda — 06/12/07 feet in width. Staff recommends that access to this site be limited to one driveway near the east edge of the site to avoid potential conflicts with vehicles accessing the existing driveway to the west, and that this access also include a protected right -turn lane along Chelsea Road. The site is designed so that customers purchasing fuel can pull into the site, circle through the fuel pump area, and exit back out onto Chelsea Road. As such, the fuel pumps are oriented to be parallel with Chelsea Road. The orientation of the pumps in this manner limits stacking space for waiting vehicles, and creates a very tight site. Due to the depth of the site, there appears to be adequate room to orient the fuel pumps to be perpendicular to Chelsea Road, providing more stacking space. This may require the applicant to shift the convenience store building and car wash to the north. However, as stated above, the site appears to have adequate depth to support such an arrangement. As such, staff recommends reorienting the fuel pumps. Due to the tight conditions on the site, staff also offers the option of relocating the car wash and motor fuel station to the south side of Chelsea Road on Lot 2, Block 1, a 3.87 acre site reserved for future development. This site would allow additional room for access and stacking that is not available on the chosen 2.38 acre site on the north side of Chelsea Road. Pedestrian access through both sites is accommodated through a series of sidewalks at the front of each building. Due to the size of the parking lot and the amount of traffic expected, staff recommends that the applicant provide pedestrian crossing striping and pedestrian curb ramps between the parking lot and the front of the Mills Fleet Farm building. For the overall site, the City Engineer and consulting engineer from WSB have reviewed the plans regarding access and street design, and have provided the following comments: 1. Only one access towards the east side of the site north of Chelsea Road will be allowed. There appears to be ample room on site to push the building to the north to provide acceptable levels of circulation for all vehicles on site. 2. Right -turn lanes should be provided at all access locations on Chelsea Road. 3. The temporary cul-de-sac at the east end of Dundas Road, just west of the Mills Fleet Farm building, must be reconstructed as a permanent cul-de- sac as part of this project. This may require using some land on the Fleet Farm site. 4. Provide pedestrian crossing striping and pedestrian curb ramps as needed between the parking lot and the front of the Mills Fleet Farm building. As a note on this item, for the south side retail site, planning staff have recommended scored concrete and pavers as an alternative to striped 13 Planning Commission Agenda — 06/12/07 pavement. This recommendation is consistent with other recent PUD retail project recommendations. 5. The entrance to the future lot (Lot 2, Block 1) should be shown conceptually on all plans. Building Design. North Side Building Design On the north side of Chelsea Road, for the motor fuel station, the building will be constructed primarily of rockface concrete block with ribbed concrete block accents with an orange metal canopy. The primary building materials will be earth toned in color. The car wash will be constructed primarily of random rib exposed precast concrete panels. The car wash will have overhead doors on the north and south elevations. Staff is concerned with the appearance of the car wash as visible from the interstate. The proposed design exposes four overhead doors to I-94 with few aesthetic details. The City has a limited amount of freeway exposed land available, and should therefore hold all freeway exposed uses to high development standards. The applicant is requesting approval via PUD, which allows the applicant flexibility from performance standards in exchange for high quality building design. Therefore, staff recommends that the applicant consider an alternate design for the structure, including alternate building materials, more visual detail, and/or re -orienting the building so that the overhead doors do not face the freeway. Again, staff also offers the option of relocating the car wash and motor fuel station to Lot 2, Block 1 on the south side of Chelsea Road. South Side Building Design On the south side of Chelsea Road, the big box retail store will be constructed with stacked, pattern exposed precast concrete near the foundation followed by random, rib exposed concrete for the remainder of the building. The front entrance will be accented with EIFS plaster, as will the auto service entrance. The building will be gray in color with orange, white, and black accents. Overhead doors are proposed on every side of the building, with the majority of these doors on the west side near the loading dock and on the north side for the auto service center. The applicant is proposing a 67.67 foot silo at the front entrance of the building, constructed of EIFS plaster with an orange pre -finished sheet metal dome. The remainder of the building is a maximum of 33.67 feet in height. Building height in the B-4 District is limited to two -stories. The proposed silo greatly exceeds two stories in height. The applicant is requesting flexibility on this feature as part of the PUD process. The applicant is requesting PUD approval for the site. The City's PUD Ordinance allows flexibility to performance standards with the understanding that the 14 Planning Commission Agenda — 06/12/07 development will be held to higher standards of site and building design than would ordinarily be required. In keeping with the intent of this ordinance, staff recommends that the applicant revise the elevations for the big box retail store to provide additional aesthetic details to break up the long fagade. Specifically, staff recommends that the applicant provide additional vertical details, roofline variations, and materials in contrasting, but coordinating colors. Staff recommends that said details be applied to all four sides of the building, with the emphasis on the east, north, and west elevations. Similar requirements were applied to previously approved big box retail stores in the City, including Target and Wa1Mart. Furthermore, staff recommends that the applicant consider an alternate color for the top of the proposed silo. The applicant is proposing a silo nearly 68 feet in height with an orange cap. While staff recognizes that this silo is a signature element for all Fleet Farm stores, the color appears to be out of character with the surrounding area. Staff recommends that the silo cap be white or cream in color, similar to the Lakeville store, to increase the aesthetic quality of the site. Grading and Drainage. The City Engineer and consulting engineer from WSB have reviewed the grading and drainage plans and provided the following comments: 1. Based on the proposed use of the property north of Chelsea Road as a fueling station the City is requesting that the storm sewer system serving this site be routed through the High School Pond to the south, rather than routing it to the west along Chelsea Road. 2. The grading of the infield area between the two entrances to the Mills Fleet Farm site south of Chelsea Road should be revised to provide positive drainage to the storm sewer structure located in the middle of this area. Is there a reason that this has been graded as a low area? 3. Combine the two storm sewer outlets to the High School Pond into one outlet at the south end of the parking lot. 4. Provide all required drainage and utility easements around the perimeter of both sites. 5. A minimum pavement grade of 2% is recommended throughout the parking lot. Utilities. Regarding the utility plan submitted, the City Engineer, Public Works Director, and consulting engineer have provided the following comments: 1. Replace all 90 -degree watermain bends with two 45 -degree bends with a minimum of 10 -feet of watermain between the bends. 2. Provide profiles of all utilities at crossing locations to make sure no conflicts exist. 3. If any portion of the southerly site is to be split off and sold at a later date it must have its own utility services in order to do so. 15 Planning Commission Agenda — 06/12/07 4. Sanitary sewer manholes with a drop of more than two -feet must be an outside drop manhole. 5. The City's Fire Chief must review the final utility plans to ensure that there are an adequate number of fire hydrants on site, that they are spaced adequately, and that a hydrant is located no more than 150 -feet from each FDC for the building for adequate fire fighting capabilities. 6. Show trunk sanitary sewer on north end of Lot 1, Block 2. 7. Keep tank field out of 12 -foot drainage and utility easement along south edge of Lot 1, Block 2. 8. Verify the size of the watermain service on the south side of Chelsea Road. 9. Show sanitary service from property line to the west of Lot 1, Block 2. ALTERNATIVE ACTIONS. Decision 1. Regarding the request for a Conditional Use Permit for Concept Stage and Development Stage Planned Unit Development approval and Preliminary Plat approval for a big box retail store, motor fuel station/convenience store and car wash, the City has the following options: A. Motion to recommend approval of the request for Concept Stage and Development Stage Planned Unit Development and Preliminary Plat approval for the entire site, based on a finding that the proposed uses constitute a superior project as required by PUD and are not consistent fl with the intent of the B-4 and B-3 Districts, subject to the conditions outlined in Exhibit Z. B. Motion to recommend approval of the request for Concept Stage and Development Stage Planned Unit Development for Block 1 only, subject to the conditions outlined in Exhibit Z, based on a finding that the proposed uses on the south side of Chelsea Road constitute a superior project as required by PUD, and the uses proposed on the north side of Chelsea Road are not consistent with the intent of Planned Unit Development. C. Motion to recommend denial of the request for Concept Stage Planned Unit Development and Preliminary Plat approval, based on a finding that the proposed uses do not meet the requirements for PUD and are not are not consistent with the intent of the B-4 and B-3 Districts. Decision 2. Regarding the request for a Conditional Use Permit for Outdoor Storage, the City has the following options: A. Motion to recommend approval of the Conditional Use Permit for Open and Outdoor Storage, based on a finding that the proposed use is consistent with the intent of the B-4 District and the use satisfies the conditions of approval. 16 Planning Commission Agenda — 06/12/07 B. Motion to recommend denial of the Conditional Use Permit for a Open and Outdoor Storage, based on a finding that the conditions for approval have not been met. Decision 3. Regarding the request for a Conditional Use Permit for a Car Wash, the City has the following options: A. Motion to recommend approval of the Conditional Use Permit for a Car Wash, based on a finding that the proposed use is consistent with the intent of the B-3 District and the use satisfies the conditions of approval. B. Motion to recommend denial of the Conditional Use Permit for a Car Wash, based on a finding that the conditions for approval have not been met. Decision 4. Regarding the request for a Conditional Use Permit for a Motor Fuel Station/Convenience Store, the City has the following options: A. Motion to recommend approval of the Conditional Use Permit for a Motor Fuel Station/Convenience Store, based on a finding that the proposed use is consistent with the intent of the B-3 District and the use satisfies the conditions of approval. B. Motion to recommend denial of the Conditional Use Permit for a Motor Fuel Station/Convenience Store, based on a finding that the conditions for approval have not been met. Decision 5. Regarding the request for a Conditional Use Permit for Minor Auto Repair, the City has the following options: A. Motion to recommend approval of the Conditional Use Permit for Minor Auto Repair, based on a finding that the proposed use is consistent with the intent of the B-4 District and the use satisfies the conditions of approval. B. Motion to recommend denial of the Conditional Use Permit for Minor Auto Repair, based on a finding that the conditions for approval have not been met. RECOMMENDATION Mills Fleet Farm is requesting Concept Stage Planned Unit Development and Preliminary Plat approval, as well as approval of four conditional use permits. All requested approvals are contingent on the sites being rezoned from the existing I-lA zoning to B-3, Highway Business and/or B-4, Regional Business. 17 Planning Commission Agenda — 06/12/07 The City Council will hear the requests for rezoning and comprehensive plan amendments at their June 25 meeting. Conditional Use Permits requested include a car wash and a motor fuel station/convenience store on the north side of Chelsea Road where the requested zoning is B-3, Highway, and outdoor storage and minor auto repair on the south side of Chelsea Road, where the requested zoning is B-4, Regional Business. With the exception of not submitting a photometric plan, all uses generally meet the requirements for the requested Conditional Use Permits and staff recommends approval. Regarding the request for Concept Stage Planned Unit Development and Preliminary Plat, the overall site plan is generally consistent with the requirements of the respected district. However, staff does have some concerns relating to signage, building design, and parking, among others. The proposed building design for the big box retail store lacks visual detail and overall aesthetics, which are required to justify flexibility for PUD. The applicant has also exceeded the freestanding signage allowances for the PUD, wall signage allowances on the gas station/convenience store site, and has not provided adequate parking. Staff recommends that these items be remedied as conditions of approval. As stated above, the requested approvals are contingent on the rezoning and Comprehensive Plan amendments requested by the applicant. In the event that the land is rezoned, the City should consider if the proposed uses and building designs are appropriate for the site, particularly as this land is visible from the freeway. It is reasonable for the City to expect higher quality architecture for any land rezoned to commercial. The car wash proposed adjacent to Interstate 94 lacks visual detail and overall aesthetics. It appears as though the applicant has chosen the site on the north side of Chelsea Road to gain freeway exposure with both the buildings and the pylon sign, as there is more than adequate space on Lot 2, Block 1 on the south side of Chelsea Road for a motor fuel station and car wash. In the event that the City chooses Option A under the approval for the request for Concept and Development Stage Planned Unit Development and Preliminary Plat, staff recommends approval only under the conditions outlined in Exhibit Z. In the event that the City chooses Option B, and requires the applicant to move the motor fuel/convenience store and car wash to the south side site, staff recommends that only the applicable conditions in Exhibit Z be applied. Under this option, the City may choose to to remove those conditions that may no longer apply. 18 Planning Commission Agenda — 06/12/07 SUPPORTING DATA Exhibit A: Applicant Narrative Exhibit B: Existing Conditions Exhibit C: Site Plan Exhibit D: Grading Plan Exhibit E: Utility Plan Exhibit F: Erosion Control Plan Exhibit G: Overall Landscape Plan Exhibit H: Typical Floor Plan Exhibit I: Retail Store Elevations Exhibit J: Convenience Store Floor Plan Exhibit K: Convenience Store Elevations Exhibit L: Car Wash Floor Plan Exhibit M: Car Wash Elevations Exhibit N: Yard Entrance Floor Plan and Perimeter Packing Elevations Exhibit O: Seasonal Display Elevations Exhibit P: Typical Signage Exhibit Q: Sample Site Photometric Plan Exhibit R: Photos of Lakeville Site Exhibit S: City Engineers Memo — June 4, 2007 Exhibit Z: Conditions of Approval 19 Planning Commission Agenda— 06/12/07 EXHIBIT Z Conditions of Approval Mills Fleet Farm Preliminary Plat, Planned Unit Development and Conditional Use Permits 1. All approvals are contingent on the outcome of the requests for rezoning and comprehensive plan amendments submitted by the applicant in April, 2007. 2. The applicant shall reduce the size of the proposed pylon sign to not exceed 200 square feet in area, nor 32 feet in height. 3. The applicant shall submit a photometric plan specific to this site, demonstrating readings not to exceed one footcandle at all property lines. 4. No exterior racking shall be permitted anywhere on the site. 5. The applicant shall provide proof of parking for 117 parking stalls. In the event that parking becomes an issue on site, the City may require construction of all or a portion of these stalls. 6. Wall signage for the convenience store shall be reduced to not exceed 133 square feet. 7. Only one access towards the east side of the site north of Chelsea Road will be allowed. 8. Right -turn lanes shall be provided at all access locations on Chelsea Road. 9. The temporary cul-de-sac at the east end of Dundas Road, just west of the Mills Fleet Farm building, shall be reconstructed as a permanent cul-de-sac as part of this project. 10. The big box retail site plans shall be revised to include the use of pavers and scored concrete in pedestrian crossing areas and in handicap accessible areas of the parking surface. Pedestrian ramps shall also be provided for the entire PUD site as required by the City Engineer. 11. No outdoor sales and display is permitted within the PUD without the request and review of a subsequent conditional use permit. 12. The entrance to the future lot (Lot 2, Block 1) shall be shown conceptually on all plans. 13. The fuel pumps at the motor fuel station shall be re -oriented to be perpendicular to Chelsea Road to provide more stacking space. 20 Planning Commission Agenda — 06/12/07 14. The applicant shall revise all elevations for the big box retail store to provide additional vertical details, roofline variations, and materials in contrasting, but coordinating colors. 15. The applicant shall revise the car wash design to provide alternate building materials with more visual detail, or relocate the car wash to Lot 2, Block 1. 16. The cap of the proposed silo shall be white or cream in color, as opposed to orange. 17. The applicant shall comply with all recommendations of the City Engineer, as outlined in his memo dated June 4, 2007. 18. The applicant shall verify the directional arrows and directional labels on all plans. 21 City Council Minutes: 6/25/07 9G the workshop. Clint Herbst asked if the Building Department staff would go through the inspection information from HUD and MHFA and get back to the Council if these agencies' inspections are lacking in certain areas and also look at the fee changes suggested. This information can be considered at the next meeting if all the information is obtained. Gary Anderson asked if there were any other concerns the Council wanted to address at this time so that everything could be dealt with at the next meeting and not have to be brought back again. This will come back as a regular agenda item. Tom Scott indicated that the staff and legal counsel should be able to do the research and make the changes for the next meeting. SUSIE WOJCHOUSKI MOVED TO TABLE ADOPTION OF THE RENTAL PROPERTY LICENSING ORDINANCE, PROPERTY MAINTENANCE CODE AND FEE SCHEDULE UNTIL THE NEXT MEETING. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 8. Consideration of a declaration of negative EAW impact — Applicant: Mills Properties, Inc. Consulting Engineer, Bret Weiss noted that the 30 day comment period for the Environmental Assessment Worksheet for Mills Fleet Farm had passed and to date no comments had been received from any agencies. Therefore they were recommending the City issue a Negative Declaration of need for an EIS for Mills Fleet Farm. TOM PERRAULT MOVED TO ISSUE A NEGATIVE DECLARATION OF NEED FOR AN EIS FOR MILLS FLEET FARM DEVELOPMENT. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 9. Consideration of a request for Comprehensive Plan Amendment for a change in land use designation from industrial to commercial and a request for rezoning from I-lA (Light Industrial) to B-3 (Limited Business) — North side of East Chelsea Road. Applicant: Mills Properties. Inc. Consulting Planner, Steve Grittman provided the background information for agenda items #9 and #10 relating to rezoning issues for the Mills Fleet Farm site. The property on the north side of Chelsea Road is a 2.3 acre site. The applicant is requesting a comp plan amendment to change the use from industrial to commercial and a rezoning of the property from I -IA to B-3 or B-4. The Planning Commission met on this item on June 5, 2007 and met on the parcel on the south side of Chelsea Road in May and again in June. Both sites are guided as industrial and are requested to be changed to commercial. The south site is the location for the main store and the north parcel would be the site of the convenience store/gas station. Brian Stumpf pointed out that at the meeting in May only three of the Planning Commission members were present and in June four of the members were present. The Planning Commission recommended 2-1 against any change to the comp plan and rezoning for the property on the south side of Chelsea Road but recommended 2-1 in favor of the rezoning and comp plan amendment for the property on the north side. The staff report laid out the pros and cons which Steve Grittman briefly summarized. Factors supporting the City Council Minutes: 6/,25/07 LAND IS COMMERCIAL DUE TO THE FACT THAT THE CONSTRUCTION OF THE CSAH 18 INTERCHANGE HAS CHANGED THE NATURE OF THE AREA ADDING FREEWAY ACCESS AND HIGHER TRAFFIC VOLUMES; 6) THE INCREASED TRAFFIC ON CHELSEA ROAD WILL NOT HAVE A DETRIMENTAL EFFECT ON EXISTING PROPERTIES; AND 7) THE REQUEST WILL NOT CAUSE LAND IN THE AREA IN WHICH IT IS PROPOSED TO DEPRECIATE. TOM PERRAULT SECONDED THE MOTION. Tom Scott wanted verification that findings listed for the rezoning to B-3 would apply to B-4 zoning as well. Steve Grittman indicated it would. MOTION CARRIED UNANIMOUSLY. 10. Consideration of a request for Comprehensive Plan Amendment for a chanjZe in land use designation from industrial to commercial and a request for rezoning from I -1A (Light Industrial) to B-4 (Regional Business) — South side of East Chelsea Road. Applicant: Mills Properties. Inc. Steve Grittman indicated there was no additional background information to be provided and he would address any questions the Council may have. This site would be the location for the main building. Tom Perrault stated that another location had been looked at in the area of Chelsea Road/Dundas Road/Edmonson Avenue and he wondered why that site would not work for Mills Fleet Farm. Bruce Buxton stated that although the site was similar in size it was not visible from I-94. The site was surrounded by four streets so there would be four street assessments. There would be multiple landowners involved so negotiation for the acquisition of the site would be more difficult. The site was some distance back from TH 25 and didn't offer any visibility to the public. Lastly the cost for the site was not feasible. Susie Wojchouski asked if there were any other sites they had considered. Mr. Buxton stated they looked at a site to the south which had power lines running through it which would keep them from placing a facility of their size on the site. They had looked four sites but they were narrow and didn't allow placement of the building on the site as well as meeting the parking and setback requirements of the ordinance. Wayne Mayer asked when there would be a ground breaking for the facility. Ron Brezinski, CFO for Mills Fleet Farm said that was not known at this time. They try to do one new facility a year. When the planning process is completed they can then do the calculations to determine when the site should be developed. WAYNE MAYER MOVED TO APPROVE THE REQUEST FOR A COMPREHENSIVE PLAN AMENDMENT AND REZONING TO B-4, REGIONAL BUSINESS TO ACCOMMODATE MILLS FLEET FARM RETAIL STORE BASED ON THE FINDINGS FOR APPROVAL INCLUDED AS EXHIBIT V OF THE JUNE 25, 2007 COUNCIL REPORT AS FOLLOWS: 1) THE SUBJECT SITE IS SURROUNDED BY A MIX OF LAND USES AND THE AREA IS NOT EXCLUSIVELY INDUSTRIAL; 2) THE REQUESTED ACTION WOULD NOT RESULT IN SPOT ZONING; 3) THE HIGHEST AND BEST USE OF THE LAND IS COMMERCIAL DUE TO THE LIMITED AMOUNT OFLAND WITH THE CITY WITH FREEWAY EXPOSURE; 4) THE HIGHEST AND BEST USE OF THE LAND IS COMMERCIAL AS THE CONSTRUCTION OF THE 0 City Council Minutes: 6/25/07 they have to get the property owners to agree to work out the access issues. The City would keep any easements they have. Bret Weiss said there is no reason the City would want to keep the right-of-way but he questioned whether the property owners could resolve the issues. Clint Herbst asked where the cul-de-sac would be located. Bret Weiss said it would not all go within the right-of-way but would encroach onto the Mills Fleet Farm site. Wayne Mayer agreed that it would be nice to be able to vacate the street. He questioned the value of having a stub road. Susie Wojchouski asked if any promises had been made to anyone relating to Dundas Road. John Simola felt you have to involve those property owners in the decision Clint Herbst felt this item needed further investigation. The reorientiation of the gas pumps was recommended based on one access to the north site. If the City allows the two accesses the relocation of the pumps would not be necessary. The Council felt the convenience store site needed two accesses for movement of traffic and safety considerations. The Planning Commission felt additional facade improvements to the building should be made and those improvements should be specified in continued discussions with Mills Fleet Farm. Facade improvements to the rear exposure of the car wash facility was recommended. The Planning Commission felt as a commercial site with the exposure it has to the freeway there should be some additional improvements made but did not specify what. Bruce Buxton addressed the five items. The car wash site has an 85' easement on the north side adjacent to the freeway. That land is being used for stacking for cars entering the carwash. He noted that the carwash is a harsh environments and the design of the building was meant to withstand those conditions. Clint Herbst stated they weren't suggesting drastic change in design merely dressing up what is there. Bruce Buxton felt because the ordinance required that they landscape so that the building is 60% opaque to the freeway the design dressing was not necessary. The building is 14' high and with the landscaping most people won't even see the carwash from the freeway. As far as architectural changes to the building, Mills Fleet Farm offered to take the Council, Planning Commission and staff down to see their facility in Rochester which is currently under construction. Wayne Mayer asked if the pylon sign being used at Rochester was the same one they were proposing for Monticello. The City of Rochester allowed them to place the 400 square foot sign that they had originally asked for here. Bruce Buxton stated that the 400 sq. ft. sign is allowed by conditional use permit under city ordinance. Wayne Mayer asked why staff wanted the sign area reduced. Jeff O'Neill said there was no other sign competition so staff felt it could be smaller. Steve Grittman said the sign of that size is allowed specifically for shopping centers where there are multiple tenants. Mills Fleet Farm felt they were a shopping center even though they are the only tenant in the facility. Wayne Mayer stated he did not understand why the City was trying to impede their strategy. He felt if it was within City ordinance why not give it to them. Steve Grittman responded that this is a single tenant use not a shopping center. Wayne Mayer felt if you want to limit signs you achieve it by changing the sign ordinance. Otherwise the City should permit the signage allowed by ordinance. Staff indicated that 32' x 200' is what the ordinance would allow. Rod Dragsten, Planning Commission Chair noted that in looking at the sign, they looked at 11 City Council Minutes: 6/25/07 AUTOR REPAIR AND PRELIMINARY PLAT APPROVAL FOR MILLS FLEET FARM WITH THE CONDITIONS OF EXHIBIT Z AS MODIFIED: 1) TWO ACCESSES WILL BE ALLOWED FOR THE CONVENIENCE STORE SITE THUS ELIMINATING CONDITION #13; 2) THE PLYLON SIGN APPROVED AS REQUESTED BY APPLICANT 50 FEET IN HEIGHT AND 400 SQUARE FEET OF AREA; 3) CONDITIONS #9, #14 AND #15 SHALL BE LOOKED AT FURTHER. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Stewart Mills thanked the Council and staff for the courtesy extended to them and gave a history of their firm. He pointed out that they did not request any assistance from the City such as TIF to locate in Monticello. 12. Consideration of award of bids for Chelsea Road Improvement Project, Citv Project No. 2006-31C. The City received 13 bids for the project with Latour Construction submitting the low bid. The base bids ranged from $1,291,907 to $1,639,891. As part of this project four alternates were bid: 1) Concrete pipe, 2) HDPE pipe; 3) Pathway with concrete pipe or 4) Pathway with HDPE pipe. The bid was less than the engineer's estimate. WSB recommended moving forward with the bid using the concrete pipe. If the City decided to proceed with the pathway it would add approximately $64,000 to the project cost. Once the Council determines what alternatives they would approve the assessments would be recalculated and brought back to the Council. Brian Stumpf asked why they felt the City should go with concrete pipe even though it is more costly. Bret Weiss responded that concrete pipe is part of the City design standards. This road would carry a lot of traffic and they feel concrete would hold up better. RCP is more stable and less likely to crush. Brian Stumpf stated he is not in favor of the trail that is being proposed and Susie Wojchouski concurred. Jeff O'Neill responded that the City is putting a lot of traffic on the road. He felt this segment of pathway would have a lot of use because of the school and residential areas. Wayne Mayer felt for the price it would be worth it to have this pathway in place. Susie Wojchouski stated the industries didn't want a lot of pedestrian traffic going through an industrial area. Clint Herbst asked if the City would be picking up the cost for the pathway. Bret Weiss said the other option is to have the property owners construct the pathway as development occurs. Shawn Weinand stated when they committed to the project they supported a pathway on Chelsea Road. Their assessment includes the pathway. Wayne Mayer wanted to emphasize the Fallon Avenue overpass safety issues and that is a reason for the pathway. With the bid coming in less than the engineer's estimate that cost savings could be utilized for installation of the pathway. The original feasibility report covered expanding the pond at the reservoir site but that was pulled out of the project. The wellhead protection group wanted the pond lined but that was not included in the project. The pond issue will be something that will be coming back at a future date. Brian Stumpf asked how much money had been set aside for assessment. Bret Weiss responded $844,000 for this project which included the pathway and lighting. The agreement with Weinand is that the road would be constructed with a pathway. 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Consideration of a request for extension of a Conditional Use Permit for Joint Parking and Drives and a Conditional Use Permit for Drive Through -Facility for a commercial [so (AS) REFERENCE AND BACKGROUND Masters 5th Avenue is requesting a second extension of their conditional use permit for the project known as Landmark Square II. On September 6th, 2005, the Planning Commission reviewed and recommended approval of a Conditional Use Permit for Joint Parking and Drives and a Conditional Use Permit for Drive -Through Facility, submitted by Masters 5th Avenue. The City Council approved the Conditional Use Permits on September 12th, 2005. Due to non-use, the conditional use permit for PUD would have expired on September 12th, 2006. The Monticello Zoning Ordinance requires that conditional use permits expire due to non-use after one year. However, in late 2007, the Planning Commission requested that staff notify applicants of their expiration and offer a one-time opportunity to seek an extension. As such, the applicant requested and was granted a subsequent one- year extension in January of 2008. Although the CUP has again been unused for a period exceeding one year, the applicant is again asking the Commission to consider the extension request. The Landmark Square II development is also subject to a Tax Increment Financing District development plan and agreement. The applicant has less than two years to develop the property under the terms of that agreement. As such, it is recommended that the extension for the conditional use permit be granted for a two year term, consistent with the TIF agreement timeline. The planning report for the original item has been provided for reference. ALTERNATIVE ACTIONS 1. Motion to recommend extension of the September 12th, 2005 Conditional Use Permit for Joint Parking and Drives, and a Drive -Through Facility for Masters 5th Avenue for a period of two years, with the condition that all previously approved conditions be assigned to the extension.. 2. Motion to recommend denial of an extension of the September 12th, 2005 Conditional Use Permit for Joint Parking and Drives, and a Conditional Use Permit for Drive -Through Facility for Masters 5th Avenue based on a finding to be made by the Planning Commission. 3. Motion of other. Planning Commission Agenda — 06/02/09 STAFF RECOMMENDATION Staff recommends approval of the extension request. The request is consistent with current and proposed objectives for the Central Community District. The project presented illustrates a plan and building which are consistent with standards outlined within the Downtown Revitalization Plan and Zoning Ordinance. SUPPORTING DATA Exhibit A: Staff Report for September 6th, 2007 Exhibit B: Conditional Use Permit Plan documents K Planning Commission Agenda — 09/06/05 7. Public Hearing: Consideration of a request for a Conditional Use Permit to allow a drive-through facility in the Central Community District and to allow ioint parking and drives, and consideration of a request for Variance from parking lot standards as required by the Monticello Zoning Ordinance Applicant: Masters 5` Avenue (NAC) REFERENCE AND BACKGROUND Masters Fifth Ave, Inc. is proposing a lot combination to allow for a 10,800 square foot commercial building located on the northeast corner of Locust Street and Third Street. The subject site is zoned CCD, Central Community District. The only user specified thus far for the proposed commercial building is a coffee shop that is proposing to have a drive-through. Drive through windows that are accessory to other principal uses are permitted in the CCD District by conditional use permit (CUP). The applicant is requesting a variance from the off-street parking requirements to allow for a reduced number of parking stalls than that which is required by the Ordinance. Development of the proposed project will be preceded by the demolition of the existing three homes and accessory structures on the site and the applicants have provided a demolition plan, which is subject to the approval of the building official. Comprehensive Plan. The subject site is guided for commercial uses as designated by the Comprehensive Plan. The proposed development is consistent with the fixture land use plan for the site. Zoning. The subject site is zoned CCD, Central Community District, which allows for commercial/retail buildings and accessory drive through establishments by CUP. CUP Criteria. The proposed drive-through must comply with the CUP criteria outlined in Section 14B -5.E of the City's Zoning Ordinance: Service through drive-throuZD gh facilities is accessory to interior on-site or sit- down service within the same building. 2. Drive-through lanes are designed to avoid disruption of pedestrian and vehicular traffic flow, both on and off-site. 3. Landscaping and other site improvements are included, which screen automobile stacking space from the public street. 4. The principal building occupies no less than forty (40) percent of the property, exclusive of easements devoted to public pedestrian use or other outdoor public spaces. Planning Commission Agenda — 09/06/0 ' 1%' 5. The building, site and signage meets the standards for the CCD District, and design review approval is granted by the designated Design Advisory Team. 6. The proposed use demonstrates compatibility and consistency with the City's Comprehensive Plan and the Downtown Revitalization Plan. Comment: The proposed drive-through will be an accessory use to the coffee shop located ii ithin the principal building. The drive-thrrough design will not interfere ivith traffic and pedestrian flow. The landscaping plan shows an increase of plantings near the drive-through area which will screen it from adjacent properties, however, additional plantings »nay be necessary to further screen the area from the public street. The proposed building materials and design have not been fully disclosed to City staff at this time, thus it is unknown whether or not the design and materials will be consistent with the Downtoi+v Revitalization Plan. The proposed coffee shop, retail and restaurant use is consistent with the intent of the CCD District. Building and Landscape Plans are also subject to review and approval of the Design Advisory Teann. Downtown Revitalization Plan. The proposed project is located within the Walnut District as depicted in the Downtown Revitalization Plan. The Walnut District is designed to support small to mid-sized retail, personal and business services, eating establishments and office and upper level residential or office. Furthermore, two- story buildings and orientation towards Walnut Street (depending upon frontage) is encouraged. Lot and Building Requirements. The proposed project is expected to meet the general standards of the CCD District, outlined in Chapter 14B.6 of the Zoning project's compliance along with some general site design comments. Lot Width and Lot Area. The applicant is proposing to combine Lots 1, 2 and 3, Block 36 of Townsite of Monticello. Dimensions of the existing lots are all approximately 11,088 square feet (66' x 168'). Combined, the lots will create a lot that is approximately 33,264 square feet (198' x 168'). The CCD District does not have any regulations for lot width or area, thus those proposed by the applicant are acceptable. Setbacks. Building setback minimums and maximums shall be consistent with the recommendations for the use and location and shown in the Downtown Revitalization Plan. The Downtown Revitalization Plan recommends that buildings within the Downtown area are placed near to the street to encourage passers-by to look at/into the building and allow views of the street from inside the building. For the Walnut District. the plan suggests a build -to line of zero feet. Parking. The new retail building is proposed to be approximately 8,100 square feet of retail space and 2,700 square feet of restaurant area. According to these proposed uses and dimensions. the applicant would need to provide 37 spaces for the retail Planning Commission Agenda — 09/06/05 portion (8,100 x 0.9 / 200 = 37) and 51 spaces for the restaurant portion (2,700 x 0.9 x 65% seating area / 40 = 40 and 2,700 x 0.9 x 35% kitchen area / 80 = 11), for a total of 88 new spaces. The proposed plan shows a total of 88 off-street parking stalls for both the existing retail building and the new retail building. The applicant is proposing a shared parking arrangement with the existing businesses to the north of the subject site. Per the City's joint parking requirements, the proposed new building must supply at least 60% of the required parking stalls, in this case, 53 stalls. The existing retail building is required to provide 52 off-street parking spaces. Thus, the total number of off-street parking stalls that should be supplied by both buildings is 105 stalls to comply with Joint parking requirements. Since the applicant is only proposing to provide a total of 88 spaces, they are requesting a variance for 17 stalls. It is important to note that on -street parking spaces cannot be added to the total number of spaces provided for off-street parking for the site. However, the City acknowledges that the applicant is proposing to create additional on -street parking adjacent to the site be reconstructing the existing on -street parallel parking into on - street angled parking for a parking stall gain of approximately 20 additional spaces, 11 more than the current on -street supply. As a result, the overall parking supply in the area will be 8 spaces short of the standard requirement. The applicant should contribute to the City's public parking supply fund for the 8 -space shortage. The site plans shows the required handicap stalls as on -street parking. As a condition of approval, the plans must be revised to show the handicap stalls within the required off-street parking area. Additionally, the applicant must redesign the corner between the on -street parking areas to leave 40 feet from the corner to the curb. The applicant is requesting a variance from the required parking provisions since they will not be able to provide for enough off-street parking on-site. If the variance is approved, the applicant will be required to pay a fee based on the shortage to the downtown parking fund, subject to City approval. Access/Circulation. The proposed site will have access off of Third Street and will also be able to utilize the existing access point to the north off of Locust Street. The proposed drive-through window traffic will exit from the site onto Locust Street. The plan does not clearly show the placement of sidewalks along the exterior of the building. The applicant shall install sidewalks along Third Street and Locust Street within the subject development and provide for connectivity to the sidewalk along Locust as it connects to Broadway. Landscaping. The applicant has submitted a landscaping plan indicating the addition of 13 trees and several smaller shrubs along the eastern perimeter of the proposed parking area. The applicant must submit a plan showing more detail around the perimeter of the building, as well as more dense plantings surrounding the parking area to provide for buffering and screening of the parking area from the adjacent Planning Commission Agenda — 09/06/05,, properties and the roadway, as outlined in Section 3-5.D.9(p) and (o) of the Zoning Ordinance. The parking area is proposed to be surfaced in bituminous and the patio is proposed to be concrete. The landscape plan does not indicate whether or not the parking island will be landscaped. Parking islands must be landscaped following the regulations outlined in Section 3-2.G.I I of the Zoning Ordinance. The applicant must complete landscaping, lighting and sidewalk construction from Landmark Square I Building Materials. The applicant has submitted building elevations, but did not provide detail on proposed building materials. The proposed building design and appears to be consistent with the provisions outlined in Section 4.0 "The Design of Buildings" in the City's Downtown Revitalization Plan, in that the building will be two-story and will provide individual entrances for each tenant. The building elevations show a variety of windows and brick and stone materials consistent with the Downtown Revitalization Plan guidelines. The applicant must submit proposed building materials. subject to City staff approval. The applicant has suggested that due to the costs of relocating an electrical pole, they may want to reduce building material and/or landscaping quality for the project. Planning staff would suggest that material changes to these elements will require further Planning Commission and City Council review, due to the City's TIF contribution, the interest in building quality in the Downtown Redevelopment area, and the variance to the City's parking requirements being considered for the project. Lighting. The submitted lighting plan shows the addition of five, twenty -foot high frill -cutoff lights placed within the parking area. The applicant shall also install street lights along Third Street and Locust Street, consistent with the existing ornamental street lighting pattern. The proposed lighting is consistent with the permitted foot candle measurements for off-street parking areas as regulated by Section 3-2.H of the Zoning Ordinance. Signage. The applicant has not submitted a detailed signage plan for staff review. Signage shall be consistent with the City's Downtown Revitalization Plan including signs that are incorporated into the building facade, windows or awnings up to a maximum of I square foot of sign area per linear of street facade (measured at the front yard). Proposed signage must also comply with Section 3-9 of the Zoning Ordinance. Easements. Proposed easements, including cross access easements for the entire project as well as sidewalk easements, are subject to the review and approval of the City Engineer. M Planning Commission Agenda — 09/06/05 Grading, Drainage and Utilities. The applicant must obtain sanitary sewer service connection via Locust Street rather than digging a new service via Third Street as indicated on the site plan. All grading, drainage and utilities are subject to the review and approval of the City Engineer. ALTERNATIVE ACTIONS Decision l: Conditional Use Permit (CUP) to allow a drive-through facility in the CCD District and to allow for shared parking and drives. Motion to recommend approval of the CUP with the comments listed in Exhibit Z and based upon the findings that the application would comply with the City's Comprehensive Plan, Downtown Revitalization Plan and long-term development goals for the area. Motion to recommend denial of the CUP based upon the findings that the application does not comply with the goals set forth by the Comprehensive Plan and/or the Downtown Revitalization Plan. Motion to table the application to permit further City review and refinement of the proposed plans. Decision 2: Variance from required off-street parking requirements. 1. Motion to recommend approval of the variance with the comments listed in Exhibit Z and based upon the findings that the proposal will comply with the Comprehensive Plan and Downtown Revitalization Plan. 2. Motion to recommend denial of the variance based upon the findings that the proposal will not comply with the goals set forth by the Comprehensive Plan and the Downtown Revitalization Plan. 3. Motion to table the application to permit further City review and refinement of the proposed plan. STAFF RECOMMENDATION Staff recommends approval of the CUP for an accessory drive-through and a variance from the required parking provisions for the proposed development. The proposed uses and the retail buildingdesign are consistent with the goals for the CCD District and the provisions outlined in the Zoning Ordinance and the Downtown Revitalization Plan. Planning Commission Agenda — 09/06/05. SUPPORTING DATA Exhibit A — Site Plan (Existing Conditions) Exhibit B — Demolition Plan Exhibit C — Preliminary Plat Exhibit D — Grading Plan Exhibit E — Utility Plan Exhibit F — Lighting Plan Exhibit G — Building Elevations Exhibit H — Landscape Notations Exhibit Z — Recommended Conditions of Approval Ce Planning Commission Agenda — 09/06/0 Exhibit Z Conditions of Approval for Landmark Square Phase II The applicant must submit a revised landscape plan showing screening of the parking and drive-through areas from adjacent properties and the public street. All proposed parking lot islands must also be landscaped. 2. The applicant shall construct the on -street angled parking spaces at his own expense, and pay a fee to the general downtown parking fund for any deficiencies in required parking provided. Planning staff calculates the remaining deficiency at a total of 8 parking spaces. On -street parking areas shall be redesigned to show the corner between the on -street parking areas as 40 feet from the corner to the curb and to remove all handicap stalls from the on -street areas to the off-street parking area. 4. The applicant must submit proposed building materials, subject to City staff approval. Material changes to the building quality or landscaping shall require further review by Planning Commission and City Council. tD The applicant shall install street lights along Third Street and Locust Street, consistent with the existing ornamental street lighting pattern. 6. The applicant shall submit a detailed signage plan upon building permit which is consistent with the City's Downtown Revitalization Plan and Section 3-9 of the Zoning Ordinance. 7. All easements, grading, drainage and utilities are subject to the City Engineer's review and approval. Recommendations of other City Staff, Planning Commission and/or City Council. YNJ tJr cry 7j fJ >1 C/O ED 0 YNJ tJr cry 7j fJ sicss NIv'o'rvdane fOZ 31InS 1.L93tlt5 NC1ISIA'10� €{j � y b a d [[ �Y fi j ° L g? c MK'OTIH:)LLO)l 13RULS Qli£ PM lSn:)O l II 3�ribs xav (imv i 9 s IHHHS HUM. ,--i i yrs O �F 6 r � U Z o }j O d w � 55 _5iNQtm a '" � c� 0 5q ��m e�n� w r ^ Z 44No$ zmm� a`o=N Jo< 6 Of C=/ J W a Z G O u53 C/) z 0 J� ry —O =J � ~w � � U � �- �D I- z coO D U � X W O z z Z Q 0 0 s o O a�DSG r= `A IV \\ q / S' \ v o.. sass sass o B pq o ol R� O_ rt ,tlOil �jR r s� b M y .nu.sciemwi.w .um.ou.i zprSS~NII I�lJOOul uV rzu e o s V uoo u •auk •flossy fi 6ul�eeulBu3 /,IIIaH2O 1Vld kUVNIW113Ud NVId NOUIIOW3O V1O53NNIW'0113011NOW 3dvnos mavwaNvi S 3 e� 96 6 ips E �TQ€ 5 ^£ g e s E 6 I ig 4 g All 9 qgg � 4 1F 37 LANDMARK SQUARE �ca� an `. MONTICELLO• MINNESOTA D'Hellly Engineering O. Assoc. Inc. 72 Oak Ave S. P.O. Baz 1123 0^� ° l�7y Annandale. MN 55302 C) ° SITE PLAN li rn.e. (320) 27-21 ppm ar: cin �Arz Y ®•` W k a. (mal 211— PRELIMINARY PLAT eo. 22s2e 021ZL OH 93tl 3<ra 1Vld ANVNIWIl3Ud ue re mlrnw aoa-.a Io�> •^+ NVId IOH1N00 V wa C99 N I -c7 •.•w NOISOU3 V ONIOVHO xOfSS NY/ ILrpwuuy R .� xrreq fZll 8 0'd '$ G^V Moo ZL L tl10S3NNIW '0113�I1NOW S�SN3tl "•^ +� �, r,w� •aul •aossy x 5ulJeeulBu3 AIII•HA 3Hvnos )iuvwaNv- I-MI.I—ma ' I ee Esi f S �$7E 8� E § � I r � � . • 6 Jill, ea � ° � � j' 1 x 3$6ai a �f �• �� i i � x ��6s82caa$sa tl i E E xG p 'B F k 1 6 A Hal F 2�8gE,$p fillr�vi' g F• ga & 6 HE 8[68 Ede H68h 8b SEd% E•� �$'F9 8F p,� � ,),,, ® $ ■ itl � i I a o � I v.a . �tl�4 fiE � f u G P S i 47 e • � �®/ // [�///j—`r/lam \ \ ,/ ` `^ Ap 4� \\\\ 1 \ i - ;a LANDMARK SQUARED'Hailly Engineering k Assoc. Inc. .. car MONTICELLO, MINNESOTA 72 Oak Ave Boz 1123 onzxtl Er: �munvixF Anncn,1.1 , MN 55302 Ln UTILITY PLAN l:+ o.,. (mo>na-]zr �•�a'A Por (l30) 3]1-730! MECNEO BT: 41p PRELIMINARY PLAT MEc. No. —2fl 3 3 p S e bn § 0 V u L o oq u E T qn „ 3 O O C u O o ' i i O s bo .5 O V O N- V o I O � O 0 3 s ru _ ry 3 O m - _ I1I r= r.. I r r .i° d� u r O C u O O � O E � U 1 i LOCUST WALNUT Noun w 70 0 tj Landmark Square Phase 11 0 Noun w 70 0 tj E< 6E} /)\ 02 ! {i£! G /:!2 �■ � \) �� ( �4 w 0 rrw, Fv—I RR J Existine Access Location to Landmark I -.011:,W' =..-__. "i1 Relocate sidewalk Residential area on West side of Locust Street View from Development Across Third Street Vick from Development Across Third Street Wlf Area Public Park ineAvailabilit\ VieNfrom Adjacent Propert\ to East of Site f' S Garaee Located within Parkine Area. Barriers obstructine drive access to adjacent property Planning Commission Agenda — 06/02/09 9. Consideration to review an update to the Conditional Use Permit for Planned Unit Development as related to Signage for the Monticello -Big Lake Hospital. (AS) REFERENCE AND BACKGROUND In June, 2008, the City approved an amendment to Conditional Use Permit for Planned Unit Development for the comprehensive sign plan for the Monticello -Big Lake Community Hospital. At this time, the hospital district is in the process of changing their facility name to New River Medical Center. Due to this change, the hospital is proposing to change the name on all signage proposed under the comprehensive sign plan. The applicant is proposed no other changes to the signage in terms of size, type or location. As the City cannot regulate content, no amendment is required or needed. However, staff is bringing this item forward to the Planning Commission at the hospital's request. It is for update purposes only. SUPPORTING DATA Exhibit A: New River Medical Center logo illustration Exhibit B: Approved 2008 Comprehensive Sign Plan Monticello -Big Lake Hospital - We're Expecting Page 1 of 1 / Contact Us I Employment I Patient Registration I Bill Pay 1 Member Login MVntIC.Lellt}. igy Lake -HOSPITAL Site Search Im ABOUT US HOME / We're Expecting! SERVICES We're Expecting! PATIENTS & VISITORS For more than 40 years, Monticello -Big Lake Community Hospital District has provided patient -centered care that improves the health and well-being of our community. Through the years, our FIND A PHYSICIAN organization has undergone many changes in order to address the Healthy Times growth of our communities, the ever-changing medical community Newsletter HEALTH LIBRARY and the needs of our patients. Check out the latest edition of our community Our Board of Directors recently approved another exciting change newsletter. for our organization. After much thought, consideration, consulting and research, the board voted to change our name to New River Medical Center. fiver M EDICAL CENTER The New River Medical Center name and image more accurately reflect our position as a regional service provider. In making this historic decision, feedback from board members, community members, physicians and employees was considered to ensure that our new name would reflect the excellent service our staff and physicians deliver to our patients and residents on a daily basis. This change to New River Medical Center will be effective on June 1, 2009. We are looking forward to this exciting change and are thankful for your support, dedication and enthusiasm. Marshall Smith, CEO Linda Doerr, Board Chair About Us I Contact Us I Employment I Patient Information I Patient Privacy and Safety Legal Notice I Disclaimer I Home I Site Map cy Monticello - Big Lake Hospital 2007 http://www.mblch.com/content/newrivermedicaleenter.htm 5/29/2009 MATCH LIN 11 SEE SHEET 2 OF 3 SHEETS 6.59 to Z.9 lij. L� . . . . . . 41. 99 !,Cs A. j� co 0= gg ce •4 1 a -'- � � ~ •- wi=g � �� q9 0 / / is i• ../' R.R '".'c.= lv ::::.�3` a•gq�.ryq c. -, / ....R roy�,��roi °'x :/ g ,.x 3••�.y1 /U....�88'' ; qn1 bq +x• +°".'i' vim` /g/w a�,:�,�,: o s �. `�M� /� �a.iro,=�=°,� ter- 'iS' , •^ /R .' r, CO eN �, Oa// eo qee / �1 l i.` it \\ �� l ::: .. \ll ♦ ' l • f� 0 W U Ln 4 X 011 I a 0 m 8ag3. F@� 6'€Ev B g�-sa a�4_F Eo €jR LEE E ^84z R=4Rn ' _ .B e CRE �A� a Oil ^E- 6I xo �.¢ s- u. �¢ 'C F b" R. F s 14 E$4 i E E P.@@?s g^g 1; er X sg�z- E '3 a E E e 6 yr sCe S� E� .fir%o S§�9 O O C 6 E gi o B- G6 CS �go$ § k ak ygE� 3 3q g rra 332. 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During the Ad -Hoc meeting, the group was able to fill the first of the three interview and presentation spots. However, the second and third positions were undecided due to a four way tie in consulting proposals. IEDC representative Don Roberts was unable to attend and would have provided the deciding vote for the final two interview/presentation spots. However, Mr. Roberts was unable to review the four proposals and provide a recommendation due to time constraints. At staffs request, Council liaison Wojchouski was able to review the four proposals and provide a final recommendation on the two open positions. As a result, the consulting firms selected to interview and present are as follows (and are in no particular order): 1. Northwest Associated Consultants (NAC) 2. Landform 3. McCombs Frank Roos (MFRA) The Planning Commission is asked to set a date for the interview and presentation by these firms. The interview/presentation meeting will be posted as a public meeting. It is hoped that in addition to the Planning Commission, the balance of Ad -Hoc members and all Council members will be able to attend the interview and presentation session. Staff will notify all Council members directly of the date and time for that session. Commission will also note that this exercise is being used to gauge the caliber of planning firms in relationship to appointment of a consulting City Planner firm. Further recommendation/reporting on that issue will be made as this process progresses. ALTERNATIVE ACTIONS Planning Commission is asked to set a date for consultant interview and presentation for the Zoning Ordinance Revision proposals. Planning Commission Agenda — 06/02/09 11. Community Development Director's Update. (AS) Bertram Lakes Regional Park — Family Fun Day Planning Commission received a personal invite and brochure with their packets. More information to be discussed at June 2nd meeting. Development Listening Sessions Staff has compiled the summaries for each of the development listening sessions, along with an executive summary document. The City Administrator is currently reviewing the document. Pending his review, the documents will be published, with a hard copy sent to each Council and Planning Commission member, along with all developer participants. The final document will also be posted online. Carlisle Village Staff has learned that Main Street Bank, the financial institution that has guaranteed the development, will be formally taking control of the development's vacant properties in mid-June. The Community Development Director and City Engineer have been working closely with Main Street Bank over the last year, as they also control Sunset Ponds assets. Main Street has proven to be very responsive to on-going needs/issues at both developments. The developer hopes to move forward with needed repairs and improvements in order to gain final acceptance of all phases of Carlisle Village. Community Garden The community garden opened last week and most of the gardeners have already planted in their plots. The response from the community has been extremely positive. The garden is full and we're taking names of the interested individuals who are calling. Check it out if you get the chance! Farmers Market The Farmers Market opened Thursday, May 14d' on a beautiful day. The new location at the Library parking lot seems to be well received. The market will be open every Thursday through October. CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION 2009- 03 IN SUPPORT OF A BROADBAND TECHNOLOGIES OPPORTUNITIES PROGRAM (STOP) GRANT APPLICATION THROUGH THE NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION (NTIA) WHEREAS, the City of Monticello's effort to promote long term economic and social health of the community through development of a fiber based telecommunications system was initiated by concerned citizens and members of the business community, and; WHEREAS, the City Council in response to this concern conducted extensive research into the feasibility of constructing and operating a publicly owned fiber optic system and found that establishment of a publicly owned system would result in an enhanced economic climate through lower telecommunication costs, greatly improved speed and better service and could be achieved without the need for a tax subsidy, and; WHEREAS, a preliminary plan for developing a publicly operated telecommunication system was reviewed by the community and an associated vote of the electorate to install a telephone switch necessary to support the plan was approved by the necessary margin, and; WHEREAS, the City has pressed forward with further refinement of the project which is now in a virtual tum -key condition by (1) designing and engineering a fiber optic network for every address within the City, (2) developing a complete and sustainable business model, (3) completing a Central Office and Head -end building, (4) installing an I1 -mile fiber backbone network, (5) establishing a capable management program through partnership with Hiawatha Broadband Communications and, (6) Completing a bidding process resulting in the award of a contract to MP Nexlevel pending acquisition of financing, and; WHEREAS, the American Recovery and Reinvestment Act of 2009 requires establishment of the Broadband Technology Opportunities Program (BTOP) with the express purposes of (1) providing access to broadband service to consumers in un -served areas; (2) providing access to ultrafast broadband service in underserved areas; (3) providing broadband education, awareness, training, access, equipment, and support to schools, libraries, medical providers, senior citizen groups, and other entities to facilitate greater use of broadband and provide ultrafast broadband access to low income, unemployed and vulnerable populations; (4) improving access to ultrafast broadband service by public service agencies; and (5) stimulating demand for ultrafast broadband, economic growth and job creation, and; WHEREAS, the grant award criteria of the BTOP grant program are met by FiberNet Monticello in terms of (1) tong term economic development and job creation, (2) essential telecommunications services for all addresses in the service area at reasonable prices, (3) local accountability and customer service, (4) utilization of ultrafast broadband technology to spur innovation, and (5) potential for partnerships with our community hospitals and medical facilities, school system, library, public safety departments, and area townships in providing broadband access, and; WHEREAS, a wide variety of local businesses, residents, service and government organizations have expressed support for an application for grant funding by FiberNet Monticello, and; WHEREAS, providing ultra -fast broadband services will enhance the City's competitive attributes to attract new businesses and therefore aligns with the City of Monticello's Economic Development section of the Comprehensive Plan to attract jobs and expand tax base; and WHEREAS, Federal funds under the BTOP program are needed in order for the project to proceed. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Monticello supports filing of a Broadband Technologies Opportunities Program grant application with the National Telecommunications and Information Administration with the goal of obtaining funding to complete our expanded FiberNet Monticello project. ADOPTED, this 2nd day of June, 2009, by the Planning Commission of Monticello, Minnesota. CITY OF MONTICELLO BY: y t.r6�r_ teY -- Chairm ATTEST: BY: J cw7 r� ✓ �1 c S �; z Dawn Grossinger, City Clerk o