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Planning Commission Agenda 09-06-2005 . AGENDA MONTICELLO PLANNING COMMISSION TUESDA Y, SEPTEMBER 6th, 2005 6:00 P.M Commissioners: Dick Frie, Rod Dragstcn, Lloyd Hilgart, William Spartz, and Sandy Suchy Council Liaison: Glen Posusta Staff: Jeff O'Neill, Fred Patch, Steve Cirittman - NAC, and Angela Schumann I . Call to order. 2. Approval of the lninutcs of the special Planning Commission meeting hcld Tuesday, August 22nd. 2005. 3. Consideration of adding items to the agenda. 4. C itizcn comments. . 5. Continued Public Hearing - Consideration to amend thc Monticello Zoning Ordinance relating to Open and Outdoor Storage. Applicant: City of Monticello 6. Public Hearing - Consideration of a request for Conditional Use Permit to allow opcration of a real estate office in an cxisting building in a PZM (Perfcmnance Zone-Mixcd) District and a rcquest for Variance from requircd parking standards as rcgulatcd by the Monticello Zoning Ordinance. Appl icant: Professional Brokers Realty 7. Continued Publ ic Ilcaring - Consideration of a request for Conditional Use Permit to allow a drive-through facility in the Central Community District and to allow joint parking and drives, and consideration ofa rcquest for Variancc from parking lot standards as rcquired by thc Monticello Zoning Ordinance. Applicant: Masters Fifth Avenue, Inc. 8. Consideration to adopt resolution finding that a modification to thc redevelopment plan for Central Monticcllo Redevelopmcnt Project No.1 and TIF Plan for TIF District No. 1-35 conform to the general plans for the development and rcdevelopment of the city. Applicant: Master's Fifth Avenue, Inc. 9. Public Ikaring - Considcration of a Request for Prcliminary Plat and Conditional Use Permit for a Concept Stagc and Development Stage Planned Unit Developmcnt to Allow Multiple Buildings and Uscs with Joint Parking and Drives in the 1-2 Zoning District. Applicant: Blue Chip Development . 10. Public Hearing - Consideration of a request for a Conditional Use Permit for a Concept Stagc Planned Unit Dcvclopment for a 372 unit multi- and single~fami]y residential developnlcnt. Applicant: Ocello, LLC . 11. Public Hearing - Consideration of a Request for a Preliminary Plat for the Monticello Travel Center 2nd Addition; Conditional Use Permit for a Development Stage Planned Unit Development to Allow a Drive-in Convenience Food Establishment, Motor Fuel Station/Convenience Store, Car Wash, Joint Parking and Drives, Open and Outdoor Storage, and a Retail Commercial Development and a Variance to Parking Requirements in the B-3 Zoning District. Applicant: IRET Properties 12. Public Hearing - Consideration of a request for Conditional Use Permit for a 896 square foot detached accessory structure and a Variance for second driveway access and curb opening in an R-I Zoning District. Applicant: Richard Bastien Central Masonry & Concrete 13. Public Hearing - Consideration of a request for amendment to the Monticello Zoning Ordinance regarding the regulation and outdoor storage of commercial vehicles. Applicant: City of Monticello 14. Pub I ic Hearing - Consideration of a request flJr amendment to the Monticello Zoning Ord inance relating to the regulation of pylon signage. Appl icant: City of Monticello 15. Consideration to review for conformance to original prel iminary plat approval the preliminary and final plat of the Gould Addition. 16. Consideration to review for approval the Monticello Highlands landscape plan. Applicant: I, & G, LLC . 17. Adjourn. . 2 . . . MINUTES MONTICELLO PLANNING COMMISSION - SPECIAL MEETING MONDAY, AUGUST 22nd, 2005 5:00 P.M . Commissioners Present: Commissioners Absent: Dick Frie, Rod Dragsten, Lloyd Hilgart, William Spartz, and Sandy Suchy Council Liaison: Glen Posusta Staff: Jeff O'Neill, Steve Grittman - NAC, Bret Weiss - WSB & Associates, and Angela Schumann I. Call to order. Chairman Frie called the special meeting to order at 5:00 PM and declared a quorum, noting the absence of Commissioner Suchy. 2. Consideration to approve the minutes orthe regular Planninl!: Commission meetinl!: held Tuesday, AUl!:ust 2nd, 2005. MOTION BY COMMISSIONER DRAGSTEN TO APPROVE TIlE MINUTES OF TUESDA Y, AUGUST 2nd, 2005. MOTION SECONDED BY COMMISSIONER SPARTZ. MOTION CARRIED. . 3. Consideration of adding items to the al!:enda. Chairman Frie noted that the Upper Midwest Planner's Conference was being held in Minnesota in September. Frie asked O'Neill if all Planning Commissioners could attend. O'Neill noted that there may be some conferences, such as this, which would justify a request for the entire Commission to attend. Frie asked O'Neill to check the budget in terms of the balance of the Commission attending and report back in September. Dragsten inquired about the status of the public hearing for Landmark Square. O'Neill noted that the applicants did not make their submittal deadline for the special meeting and were comfortable with moving the continued hearing to the September meeting. 4. Citizen COll1ments. NONE. 5. Public Hearing - Consideration of a request for Conditional Use Permit for a Development Stage Planned Unit Development, and Preliminarv Plat for Highland Villas (formerlv known as Monte Club Villas), a 14.18 acre residential development. Applicant: L & G, LLC Frie asked inquired whether ifthe Commission takes no action on item five for the preliminary plat and PUD, then the rezone and comp plan amendment as item 6 would not need consideration. O'Neill and Schumann confirmed that the report was written such that the rezone and comp plan amendment should only be considered if the Commission recommended approval of the plat and PUD. . . Chairman Frie inquired whether the item was a public hearing, as it was not noted as such on the agenda. Schumann confirmed that it had been noticed as a public hearing; the item required the public hearing. . O'Neill presented the staff report, stating that it terms of a comparison ofthe development stage plan and plat to the concept plan, the general layout of twenty six units remained in the same configuration, with same general circulation pattern. O'Neill reported that there are two tiers of townhomes, each served by an access road. The development includes private drives featuring a change in elevation with perimeter retaining walls. O'Neill indicated that in order to proceed with the development in this arrangement, there would be a net reduction of material on the site and most of the trees would be removed. O'Neill stated that while the plan layout is consistent with the concept, the construction plans have changed, most significantly the grading plan. O'Neill repol1ed that staffs primary concerns include the design of retaining walls, the density of landscaping, and the road width of private drives. In this project, it is important that staff and the Commission have a clear understanding of the retaining walls and grading on the site. In most circumstances where project land is relatively 11at, the Commission can approve a preliminary plat with a final grading plan to be approved by the City Engineer. O'Neill stated that this project is slightly different due to topography, although that option is still available. From a staff standpoint, O'Neill stated that the due to the nature of the development stage PlJO and the project site's prOll1inence in the community, staff believes this project warrants more review, particularly relative to adequate time to review site development plans. O'Neill reported that staff recon1mends tabling, but that other options have also been provided to the COll1mission should they choose. . City Engineer 13ret Weiss explained that there are significant challenges associated with the site. . The site, as designed, has an extensive amount of high retaining walls. Weiss noted that although the project engineers have made some changes to eliminate 20 foot retaining walls, they have cut about 16 feet of height from the hill. Weiss stated that the slopes are also difficult, at 10%, which while different from other projects, is inherent to this site. Weiss explained that the bottom perimeter of the project is wrapped with retain ing walls, noting that from an appearance standpoint, the Commission will need to consider if this is acceptable. The engineering ofthe storm water is also another issue. In response to a question from Posusta regarding the material of the retaining walls, Weiss stated that he is unsure about the material and indicated the City would need to be assured of its structural integrity in terms of resisting pressure. Weiss stated there is a pretty significant mining operation involved with removing the proposed amount of material from the site. There may be other options. Weiss stated that he is also concerned about Fenning Avenue and cutting down the top of that hill. Weiss indicated that cutting the hill down will pose problems for getting this sitc access. Weiss stated that the excess grading will result in a significant change to that site. Commission willnced to consider what it will look like and how it will function. O'Neill referred to the project's transition to City parkland and connecting trails. O'Neill explained that staff will havc to look at the ultimate locations where trail connections can be made. Weiss responded that they do have onc good point. The remainder of the site has retaining walls which prevent connections. Weiss also explained that the site will sit up abovc the park in most instances. . Posusta stated that they are still showing a sidewalk on south side of Stone Ledge Court. Posusta asked if it was at the architects request or staff's request that appeared on the plans? Weiss responded that staff did not request two connections. O'Neill stated that they haven't look at the . . topography to determine the final connection point, although the cul-de-sac is the best point from staWs perspective. Posusta stated there may be a problem with that connection as there may be no place to put snow. Project engineer John Bogart commented that there a variety of options and that an association will maintain and clean the sidewalk. . Posusta asked about the 90,000 cubic yards of material that is proposed to be moved oft:'site. Bogart responded that they will be moving it off site and that they are still in preliminary planning phase. They arc adjusting the grading plan to see where the balance point is between the cost of moving dirt and the height and cost of retaining walls. Bogart reported that other areas need the dirt, and they have explored the option of selling it to those places. Posusta stated that his other concern is what the material of the retaining walls will be. Spartz asked the applicants to clarify the actual size of plantings on the landscape plan, as they are shown as "existing". Spartz noted that this causes some confusion as a majority of trees arc proposed to be removed. Chairman Frie opened the public hearing. . Butch Lindenfelser, 7973 Jclger A venue, appl icant and property owner, read a brief letter to the Commission, reviewing the project's goals. Lindendelser stated that the project is designed as a pun with numerous amenities. The development would be association lnaintained, but with the advantage of owner control. All homes would be walk-outs with landscaping and irrigation, tlower garden and picnic area, and wired technology. The association by-laws are mandatory. Lindefelser indicated that as property owners, he and his sister had decided to develop the property. They had spent six months researching the type of product to sell. Lindenfelser reported that 50% of the proposed units have been orally reserved, with the majority of future residents from the area. Lindenfelser stated that his second goal was to contract locally for services, including architectural, lending, marketing, construction, etc. Lindenfelser stated that they would be holding a neighborhood meeting with adjacent residents of Monticello Township, Spirit Hills, and Cardinal I Ii lis. They would present the product, the many amenities, and the proposed schedule at that time. He stated that the goal is to begin construction in September with models available in 2006. Lindenfelser stated that he is asking for approval of the project as submitted. . Project engineer John Bogart, Bogart Pederson and Associates, addressed the Commission. He explained that as staff had noted, this is a unique project within the Monticello area and that it is inlportant to get it right. He noted that they are working within a tight timeframe and they arc changing things as quickly as possible to accommodate the COlnments of staft~ neighbors and the County. I laving said that, Bogart explained that the look of the project will stay the same. Bogart stated that there will be retaining walls, although the exact height isn't known at this time. They arc also removing a significant amount of dirt from the site. Bogart stated that they are removing the dirt in order to make the connection with Fenning. Bogart stated that a number of the points made by Weiss and WSB engineers in their comment letter have been addressed in a response letter. Bogart explained that at this point, this is a preliminary development plan and it is equivalent to a preliminary plat. Bogart stated that he has spoken with Maplewood Development and adjacent property owner Ken Schultz. They have an agreement in principal to remove additional dirt in order to provide full basement walk-outs. . Bogart referenced the retaining walls, stating that they are working with a local contractor on the product. Bogart stated that he believes they are attractive. As far as sidewalk, Bogart indicated that they are willing to work with the City on the final alignment. They are also working with the landscape architects to make that determination. Bogart confirmed that snow removal would be completed by the association. . . Frie inquired about the amount of landscaping on site. Skip Sorenson, project architect, indicated that they would be spending about $15,000 per lot on landscaping. Sorenson reported that landscaping would be extensive. . Sorenson, of Pope Architects, provided an update on the retaining walls. Sorenson stated that a soils engineer had reviewed the entire site and found it was sand. As such, the soils engineer also indicated that the walls proposed can handle the pressure. They are trying to do walls in heights of 8 feet. By doing so, these walls will withstand lateral pressure. Sorenson stated that they would landscape all elements of the wall with both deciduous and evergreens plantings. The association will be responsible for maintaining those plantings. Sorenson referred to the "pocket park", stating that it would feature a heavily landscaped perennial garden. The units will also have a number of ornamental trees as well as Sugar and Norway Maples. Sorenson said that the boulevard will include tree plantings at a minimum of 3" diameter, provided by a nursery in town. Sorenson explained that all residents would have completely sodded and irrigated lawn with border landscaping on all sides. Sorenson stated that the intent is to forest the site as much as possible. Sorenson commented on the design of the units, stating that they are intended to provide single floor living, customized to the buyer's wishes. Each unit will have a three car garage with decorative carriage doors. The unit exterior will be cottage-style with hardi-plank siding in various colors. Sorenson reported that the square footage on the first floor is 2000 square feet, with potential to finish 1700 on lower level. . Spartz asked Sorenson to address the "existing" notation on the landscaping plan. Sorenson stated that they would not be existing trees, although wherever they can retain existing trees, they will try to do so. Sorenson stated that for some reason, the actual sizes planned did not transfer to landscape plan. . Mary Lou Psyk, stated that if it was built as a hill, why would the City allow it to be graded down. Bogart answered that he would like to keep it as much of a hill as possible. Bogart stated that the primary issue is Fenning Avenue and the access issue. As it is, they are trying to keep as much height as possible. Bogart indicated that he believes they are at their best compromise, without creating safety issues. He noted that if we do not provide for a landing or bench for people to safely stop, then we could perhaps achieve higher heights. Psyk asked for clari fication about the project size, as the most recent notice stated the project was 14 acres and the first notices said 10. Bogart and O'Neill confirmed it to be 10 acres. Perrault stated his concern about what the project would ultimately look like. Perrault questioned any tree preservation, given the removal of that much dirt. He also noted safety concerns. Frie asked about the County's role to this point with Fenning Avenue. Bogart stated that it is currently a City and Township road, but it has been identified in long-term County plans to be upgraded. lIe stated that they will look again at grading plans to accomnlOdate the lowering of Fenning. Frie asked ifthe County can come along later and change plans. Weiss stated that the County doesn't have any rights to the road at this point, the City is asking the developers to design the road to make it work with the County's proposed standards. . Posusta stated that the City is already doing this down by the school. lIe inquired whether lowering the speed would change the curve. Bogart stated that they could address that in final design. Weiss stated that while no one likes to take the hill down, there may not be a . physical way to develop the site without doing so, other than coming in hom a different location. . Frie asked Bogart to address the engineer's comment letter. Citing the number of comments, he inquired whether the City was ready for this project with so many questions. Bogart cxplained that they had received the comments on Friday afternoon and had worked to provide their response, which they had just given Weiss. Hearing no further comment, Chairman Frie closed the public hearing. Hilgart asked about staff's recommendation in response to Stone Ledge Court street width. Marge Free, engineer with Rogart Pederson, stated that the width had been addressed and adjusted. Hilgart asked if they would go to the September meeting for final plat if approved by the Council this evening. O'Neill confirmed this schedule. Frie asked staff if they would have an opportunity to review the project engineer's response letter before going to Council. Weiss stated that he had looked through it briefly and noted that they can work through those issues. IIowever, Weiss restated that it is critical for the Commission to have a good understanding of what the site will look like at completion. Weiss stated it is inlportant, so that it looks like what the Commission though it would look like in terms ofthe cutting of the hill and retaining walls. Weiss stated that as long as Conunission understands that, the engineering details can be worked through. . O'Neill noted the lack of detail present on the landscaping plan, explainingthat it has an impact on how it will look. Frie asked Sorenson to respond to those concerns. Sorenson stated that the developer, architects and landscape architects are sensitive to this. He noted that it would be landscaped on all tiers. There would be a fence will be on top of the wall, it wi II be ornanlental and wi II be submitted to staff for review and approval. Sorenson also stated that each lot is featured to maximize the views, as such, trees are located at each corner. Roth shade trees and ornamental trces would be used in front. Sorenson restated that there would be an extensive amount of landscaping in this project; three times the normal amount of any project in this community. Frie comlnented that as this is a higher quality project, it is important that the retaining wall not look imposing. Frie asked Grittman's opinion on this item. Grittman replied that while the product may be acceptable, the concern was that the level of detail required by the PUD was not provided. The finish plan set needs to describe exactly what grading, landscaping, etc. is going to look like. Grittman stated that the concern isn't nccessarily over ultimate quality, as that determination can't be made without final plans. Dragsten ind icated that he I ikes the project overall. However, he noted that therc are 40 cngineering itcnls to be resolved, questions on the landscaping plans, space for visitor parking, and other concerns. He noted that in a project like this, it is a concern to allow it to move on a fast track, in such a high visibility area, when in two weeks, these issues could be resolved. If those questions werc answered at that time, Dragsten indicatcd he could see it proceeding. . Frie asked if the spceial meeting is to possibly get the project recOlnmended with conditions to the Council. hie wanted to make certain that the City hadn't pressured the applicant to a special meeting whcn the September meeting would have been adequate. Rogart answered that much of the pressure is internal. Bogal1 referred to the delays for when working through the park questions. He indicated that he had originally intended to have the project complete . . . this fall. Bogart stated that they still want to get started this fall, to get the dirt work done on site and the erosion control in place. . Spartz agreed with Dragsten that although the conceptual layout is good, several issues needed to be addressed. These included difficulty dealing with the grading of the site. Spartz stated that he is not sure if there is a good way to deal with this at the time. He indicated that he is also concerned about the grade of the yards and the drainage. Spm1z stated that sometimes fast tracking can hinder resolution of items like these. Spartz noted that this is a prime piece of real estate and it wi II be important to get the detai Is worked out. . Bogart agreed that this is the highest profile site in Monticello and that all are interested in seeing project done right. Bogart commented that although they are talking about fast~ tracking, they believe they are on the right track. He noted that they need the ability to start moving forward. Sorenson noted that one of the things will make this a good project is the pre-solds. Frie stated that they are not debating whether this will be a good project, but instead that initially, the level of detail is not present with the presented plans. Frie noted that in pushing PUD plans prior to complete detail, the City often ends up with project that don't meet its standards. hie stated that the Commission is totally supportive of project itself. Frie stated that he fully understands where the applicant is coming from in terms of timeframe. As such, he asked if they could convince the Commission that tabling the item in order to resolve the details that seem to be missing would dent their procedure. Bogart responded that many detai Is noted are inconsequential. Dragsten stated many are not. Bogart explained that some need to be gone through, but many tend to be technical details. . Frie asked O'Neill and Grittman if adequate detail has been provided in the applicant's responses such that issues can be resolved. O'Neill responded that staff and the applicant can work out details, but the main question is lushness of landscaping and whether Commission is comfortable with what has been described tonight. . Weiss stated that he doesn't have a problem with working with Bogart on the issues identified in the engineer's letter. Weiss noted that he is concerned about grading it all this fall as restoring it all this falllnay be problematic. They also need to work through the road design issues with Wright County. Grittlnan reiterated his concern about the inadequate landscape plan. Grittman noted that the plan presented is conceptual in nature. This PU D should be gauged on its amenities, which will depend on landscaping. Grittman stated that while the architecture looks nice, the City needs more information on details, such as the fence. Grittman stated that assuming that Commission is comfortable with staff making those types of decisions, they can choose to recOlnmend it as such. Posusta asked precipitated the name change. The developer did not provide a clear answer. Posusta commented that perhaps the neighbors would find that taking out a restaurant and bar and changing it to single family to be advantageous. Posusta stated that the Commission should also keep in mind that the developer isn't going anywhere. He indicated that as a local, the developer is concerned about the project's perception and Posusta stated that he doesn't think he'll "muck" it up. . Sorenson stated that they will come back to the Commission with a landscape plan before work is commenced, subject to the Commission's final approval and recommendation. . Sorenson assured the Commission that the project will be brought into a human scale and heavily landscaped. . Frie noted that this location is a focal point and is Monticello's signature spot. Commission would like to be proud of having recommended approval. Frie asked Sorenson it: based on how Council acts on these items, the developer would provide the landscape plan for the September meeting. Sorenson confirmed. . MOTION BY COMMISSIONER HILGART TO RECOMMEND APPROV AL OF THE DEVELOPMENT STAGE PUD AND PRELIMINARY PLAT FOR 26 UNITS AS PROPOSED BY THE DEVELOPER, BASED ON A FINDING THAT TIlE DEVELOPMENT REPRESENTS A SUPERIOR DEVELOPMENT PROJECT THAT IS CONSISTENT WITH THE GOALS OF THE CITY, SUBJECT TO TI IE FOLLOWING CONDITIONS: I. Normal park dedication requirements 2. The applicant provide more detailed information relating to landscaping, wall construction, and other specifics, 3. The street width is increased to accommodate on-street parking in the northern section. MOTION SECONDED RY COMMISSIONER SPARTZ. Dragsten inquired what the process would be if the landscape plan is brought back, and the COlnmission doesn't like it. Sorenson stated that Commission could condition their recommendation based on both the review and approval of the landscape plan. . CHAIRMAN FRIE AMENDED THE MOTION TO INCLUDE TilE STATEMENT "WIIICH WILL BE PRESENTED TO THE PLANNING COMMISSION FOR THEIR APPROVAL AT THE SEPTEMBER PLANNING COMMISSION MEETING. " . Dragsten stated that it need to be clear to the developer that what is shown on the plans is what will be required to happen. AMENDED MOTION SECONDED BY COMMISSIONER SPARTZ. MOTION CARRIED 4-0. 6. Public Ilearin~ - Consideration of a request for a Comprehensive Plan Amendment and Rezoning from A-O to R-l for Highland Villas (formerlv known as Monte Club Villas), a 10.0 acre residential development. Applicant: L & G, LLC O'Neill reviewed the staff report, explaining the comprehensive plan had indicated the area of the Monte Club to be commercial, is it was assumed that the Monte Club would relnain indefinitely. The existing use is commercial. The rezone is necessary, as all land which comes into the City is annexed tirst as Agriculture-Open Space. O'Neill reported that as the plans presented indicate an R-I density, that zoning designation is appropriate. Chairman Frie opened the public hearing. . Hearing no further comments, Chairman Frie closed the public hearing. . No comments from the Commission . MUfION BY COMMISSIONER DRAGSTEN TO RECOMMEND APPROV AL OF THE COMPREHENSIVE PLAN AMENDMENT '1'0 L,oW DENSITY RESIDENTIAL AND THE REZONING TO R-I, SINGLE FAMILY RESIDENTIAL, BASED ON A FINDING THAT THE PROPOSED LAND USE AND ZONING DESIGNATION ARE CONSISTENT WITH THE SURROUNDING LAND USES, AND WILL REDUCE THE DEMAND FOR SERVICES FROM 'f'HE EXISTING LAND USE PLAN. MOTION SECONDED BY COMMISSIONER SPARTZ. MOTION CARRIED. 7. Adiourn. MOTION BY COMMISSIONER SPARTZ TO ADJOURN AT 6:40 PM. MOTION SECONDED BY COMMISSIONER DRAGSTEN. MOTION CARRIED. . . . . . Planning Commission Agenda 09/06/05 5. Continucd Public Hearinl!: Consideration of a request for an amendment to the Open and Outdoor Storal!c rel!ulations. Applicant: City of Monticello. (N AC) REFERENCE AND BACKGROUND As recommended via Commission action at the last meeting, this item is continued to the October meeting ofthe Commission. Following proper procedure, this item will remain as a continued item on the agenda until that time. As dirccted, staff has set two meeting dates in order to develop a resolution to this amendment. The first meeting, on September 13t\ will be to address any outstanding issues related to the ordinance and amendment. The second meeting will be held on September 20th to review the revised language for Jinal conscnsus prior to submission to the Commission. All property owners in industrial districts and abutting industrial districts will received a mailed notice of the meeting regarding the proposed amendment. . . . . . . Planning Commission Agenda- 09/06/05 6. Public Hearin!!: Consideration of a reauest for a Conditional Use Permit to allow operation of a real estate office in an existin!! build in!! in a PZM District and a Variance from required parkin!! standards. Applicant: Professional Brokers Realtv. (NAC) REFERENCE AND BACKGROUND The applicants are seeking a reconsideration of their CUP for a real estate office in an existing single family home. With this application, the applicants are also seeking a variance to avoid the requirement for construction of a commercial parking lot to accommodate off-street parking as required by the Zoning Ordinance. The amount of square footage for the proposed business would require 10 spaces of olT-street parking availability. The original application for this use was considered in August of 2005. The request was denied for several reasons, including the potential impact ofthe use on what is primarily a low density residential neighborhood and the concern over the impact of a commercial parking lot on the site, as well as on the neighboring residential property. The applicants hope to persuade the City that by removing the parking lot, and requiring parking to overtlow onto Elm Street, that the use would be more acceptable in this location. They also contest the findings that served as the basis for the original CUP denial. In planning staff's opinion, the change to push parking overflow onto Elm Street would make the concerns over this use greater. Due to the design of Elm Street and its busy intersection with County Road 39 to the south, on-street parking is allowed only on the east side of Elm Street. As such, there is no (ll1-street parking available directly adjacent to the property. Moreover, the idea ofremoving the parking lot from the property due to its objectionable impact on the area only points out the concern over compatibility of the use in this location. Recently, the City Council elected to not construet a new building for the City's Public Works Department on the south side of County 39,just west of this property. 'The reason for the City Council's decision was that the proposed building would encroach negatively into this residential neighhorhood. The establishment of a commercial real estate office in this location would appear to be contrary to that previous decision. Finally, with regard to the variance from the parking regulations, the City's Zoning Ordinance (consistent with State law) requires that to consider a variance from a zoning regulation, the City must find that physical condition, unique to the property in question and not created by the applicant, creates a hardship in putting the property to a reasonable use under the basic zoning standards. In this case, no such hardship condition is present. The property can continue to be utilized as a single family Planning Commission Agenda - 09/06/05 home, consistent with the zoning and its traditional use. If the City decides that a commercial office is appropriate on the site, a parking lot can be constructed that meets City Code. As a result, the applicant is capable of complying with zoning regulations under either scenario and cannot show the required hardship condition. . Please note that in previous similar cases, when a residential structure has been converted to a business use, off-street parking has been provided. Examples include Dan Olsen's real estate office and Tom Grossnickle's beauty salon. Granting a variance in this case would create a new precedent. ALTF:RNA TIVE ACTIONS Dccision I: Conditional Use Permit for the establishment of a commercial otlice use in the PZM District. 1. Motion to recommend approval of the CUP, based on findings that the usc would not create compatibility issues with thc surrounding residential area, subject to the condition that the applicant complies with the following conditions: a. . b. c. d. e. Addition of curb around the perimeter of the parking lot. Construction of a parking lot to accommodate at least 10 parking spaces, or receives a variance from this standard. Addition of buffering at the perimeter of the sitc to comply with the City's bufferyard ordinance. Approval of the driveway location by Wright County. Landscape screening of the parking area from surrounding residential property and the public right of way. 2. Motion to recommend denial ofthe CUP, based on findings as provided in the attached findings of fact. Dccision 2: Variance from the City's parking regulations for commercial offices. 1. Motion to approve the variance, based on a finding that the reduction in parking is necessary to put the property to reasonable use. 2. Motion to deny the variance, based on a finding that no hardship is present that would qualify the project for variance consideration. . 2 Planning Commission Agenda -- 09/06/05 . STAFF RECOMMENDATION Staff recommends denial of the variance and CUP. As noted in our original report on this item, the introduction of a commercial office use in this area is not consistent with the intent of the PZM district, nor is it compatible with the surrounding neighborhood. Eliminating off-street parking from the plan makes the issue worse but encouraging vehicle parking on the east side of Elm Street and cross to the business location in the area of busy traffic intersections. As noted, no hardship is present that would support the use of a variance for this purpose. SUPPORTING DATA Exhibit A: Exhibit B: Exhibit c: Exhibit 0: Revised Findings of Faet Site Plan Materials Applicant Rebuttal Letter to Original findings of Fact Site Images . . 3 . . . Planning Commission Agenda - 09/06/05 Findings of Faet for Denial ConditionallJsc Permit for Commercial Office in PZM District Variance from Parking Regulations 505 Elm Street 1. The proposed use is located in a neighborhood dominated by low density, single family residential houses. 2. The rZM District allows for business uses in areas of transition to high density residential, or mixing of commercial and high density residential uses. ,., -) . The uses in the surrounding neighborhood do not support the conditions necessary for the introduction of a commercial use as required by the Zoning Ordinance. 4. The property, if converted to business use, would not be able to accommodate the required parking supply as required by the Zoning Ordinance. 5. The property requires significant buffering and landscaping to screen the use and activity from the adjacent residential property. 6. No hardship exists to support the request for a variance from the parking regulations. 7. The property can be put to a reasonable use under the P7M regulations without the need for a variance. 4 I ~7i:J--..., I OJ,~J.7.J;.) .<L!;~~.' , ~1JOZ 9 IJ "t(}f' .., 03/1/3::>31::1 ' ...............__i ~ ~ . ~ "3 ~ NE)4 01 S<z-c 10, T. 121) 1<. 2-5 " ~;;-v+ha~-Z-f cor' nu :::,~ +hL -+h<L t-JE.j4--- o~ SiLe, to WOo ~q ~ Jlna. D~ CO("Pl~Y ROQel No, 3q a')~YQva,l([.c0 fL I-JE.145, ClL '5\.1 8 Co,o5Cf . 7{""! .--.- - ~ O,~'(.<;L.---L_ '-- YV .. 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(tJB , , , , , " I All tl 30 ac the n the,nc a tra said of tll westE its i Count descl .. / Have to t plat In " sea] In W seal Cor~ to t ~ Ot-Lo f~ Edm ~ Brut ~ Fan] Sta Cou ;-. , . . . . , ~ - - PO Box 1649, Monticello, MN 55362-1649 Main Office (763) 271-3000 Fax: (763) 271-3001 August 8, 2005 Dear Zoning Administrator, Council Members & Neighboring Residents: Re: 505 Elm Street Conditional Use Permit Prior to the City Council Meeting scheduled for August 22,2005, we would like to appeal the Planning Commission's StaffRecommendationldecision and request reconsideration for a Conditional Use Pennit at 505 Elm Street, Monticello for Professional Office Use as a Real Estate Brokerage based on the following rebuttal: Findings of Fact by Monticello Planning Commission: 1. The proposed use is located in a neighborhood dominated by low density, single family residential houses, a. We disagree with this finding due to the fact that the City Public Works Building is located across County Road 39 from the subject property b. We disagree with this finding due to the fact that the American Legion is located less than 1 block to the north of the subject property on Elm Street c. We disagree with this finding due to the fact that a neighborhood of common wall homes is located across the street from the subject property d. We disagree with this finding due to the fact that the subject property lies in a Performance Zone Mixed zoning classification and lies in an area specifically outlined by City Officials to be an area approved for professional business use 2. The PZM District allows for business uses in areas of transition to high density residential or mixing of commercial and high density residential uses. a. We disagree with this finding due to the fact that that in a surrounding 10 block area you can find multiple high density rental apartment complexes, as well as common wall ownership units, commercial, retail, restaurant and bar businesses b. We disagree with this finding due to the fact that the subject property is already located on a high traffic corner which is sure to increase with the approval of new housing building permit applications in the proposed development west of Monticello on County Road 39 , . . Page 2 of2 Professional Brokers Realty . 3. The uses in the surrounding neighborhood do not support the conditions necessary for the introduction of a commercial use as required by the Zoning Ordinance. a. We request specific information relating to the requirements outlined in the Zoning Ordinance that would address the conditions necessary for the introduction of a commercial use, and how this subject property does not support those requirements b. We disagree with this finding due to facts outlined herein items la. through] d. 4. The property, if converted to business use, would not be able to accommodate the required parking supply as required by the Zoning Ordinance. a. We disagree with this finding due to the fact that a bid and proposal that could accommodate a minimum of 10 off street parking spaces as required by the Zoning Ordinance was presented at the Planning Commission Meeting on August 2,2005 b. We further disagree with this finding due to the fact that application has been made for a Variance request to maintain the parking spaces that currently exist without adding parking spaces unnecessary in the operation of this professional brokerage c. We agree with the neighboring property owners that it would be visually unappealing to convert the extensive landscaping and landscape buffering into a 10 space parking lot that will not be fully utilized with our intended use; we therefore would agree that a Variance would be most beneficial and agreeable to all parties . 5. The property requires significant buffering and landscaping to screen the use and activity from the adjacent residential property. a. We disagree with this finding due to the fact that the subject property is bounded on north, east, and west by 8 foot or higher mature shrubs and trees as illustrated in the photos submitted with application; and would only require approximately 60 feet of landscape buffering to the west adjacent property b. We would further agree to comply with the reasonable requests of the west adjacent property owner to accomplish this buffering To address the concerns submitted by neighboring residents, we feel that our professional office in it's intended use, will be less disruptive to the surrounding community and produce less vehicular traffic than if we re-sold or leased the subject property to a four person family with teenage drivers. As women business owners, we will strive to be leaders in the community, serving with the highest professional, ethical standards, and encourage other women in the community to follow their entrepreneurial dreams. Thank you for your consideration, . ~r" xfj'CIu d .",. 1" '.'? f /i' ,/. ," ;0:... ,'tll<.'/~.{ i feticia A DeChene Fulda Realtor / Owner Fee Property Owner / Applicant , ~.~,\\\(L~~ .'.....", isa A Martin Broker / Owner . . . Planning Commission Agenda - 09/06/05 7. Public Hearin!!: Consideration of a request for a Conditional Use Permit to allow a drive-throu!!h facility in the Central Community District and to allow ioint parkin!! and drives. and consideration of a request for Variance from parkin!! lot standards as rCQuircd bv thc Monticello Zonin!! Ordinancc. Applicant: Masters 5th 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 oHicial. Comprehensive Plan. The subject site is guided for commercial uses as designated by the Comprehensive Plan. The proposed development is consistent with the fiJture 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. CliP Criteria. The proposed drive-through must comply with the CUP criteria outlined in Section 14B-5.E of the City's Zoning Ordinance: l. Service through (hive-through 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 automohile stacking space from the public street. 4. The principal building occupies no less than forty (40) percent of the property, exclusive of easemcnts dcvotcd to public pcdcstrian use or other outdoor public spaces. Planning Commission Agenda - 09/06/05 . 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. ('omment: The proposed drive-through vvi/l be an accessory use to the C(~tfee shop located within the principal building. The drive-through design will not intel:fere with trqffic and pedestrian/low. The landscaping plan shows an increase of plantings near the drive-through area which will screen it/i'om adjacent properties, hovvever. additionall)lantings may he necessary tofilrther screen the area/i'om the public street. The proposed huilding materials and design have not heen fitlly disclosed to City stafFat this time, thus it is unknown whether or not the design and materials will he consistent vvith the Downtown 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 suhject to review and approval of the Design Advisory Team. . 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 148.6 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 Cel) District docs not have any regulations for lot width or area, thus those proposed by the applicant are acceptable. Sethacks: 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 2 Planning Commission ^genda - 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 / 8d = 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 bui Iding 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 reconstrueting 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 ofT-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 1,0ClIst 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 (0) 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.II 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. crhe submitted lighting plan shows the addition of five, twenty-foot high full-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 ofl-street parking areas as regulated by Section 3-2.1-1 of the j,oning 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 fa<;ade, windows or awnings up to a maximum of 1 square foot of sign area per linear of street fayade (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. . 4 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 1: 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. 2. Motion to recommend denial of the CUP based upon the findings that the application does not comply with the goals set tl1rth by the Comprehensive Plan and/or the Downtown Revitalization Plan. 3. 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. I. 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. ST AFF RECOMMENDATION StaiTrecommends approval of the CUP ftJr an accessory drive-through and a variance from the required parking provisions fix the proposed development. The proposed uses and the retail building design are consistent with the goals for the CCD District and the provisions outlined in the Zoning Ordinance and the Downtown Revitalization Plan. . 5 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 7, - Recommended Conditions of Approval . . 6 . . . 6. Planning Commission Agenda- 09/06/05 Exhibit Z Conditions of Approval for Landmark Square Phase II 1. 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. 3. On-street parking areas shall be redesigned to show the corner between the on-street parking areas as 40 leet from the corner to the eurb and to remove all handicap stalls from the on-street areas to the ofT-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. 5. The applicant shall install street lights along Third Street and Locust Street, consistent with the existing ornamental street lighting pattern. 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. 8. 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S ii;.:i I O"'~ O--.._~ " ;~'" @i/i? cB ~ /r f-i Zil1l l'J ,U) ..... '-. ,.,! ", ...-. '"'" / '/ / ~ - . - .'---... CO i DOS' 101 I<C ~. &II . "./"'- ;fIl / ~~ .;::;y 'I' "iJ <V ..' _ ".~.- _......"..._.._. ' ...,l , .. '. '., i i/i i .//.;:: /'> . ...~.< ,"____>... " .- I '. ..~ · / :f' _ 0'z / ~ 2 ' f-i f:j 3 5: z j ~ ~ <r: u if) @ j ". e',. . ':'-' . , I "~'l;w_ '~'~~.~ . . . Planning Commission Agenda - 09/06/05 8. Consideration to approve a resolution findine that a modification to the Redevelopment Plan for Central Monticello Redevelopment Proiect No.1 and the TIF Plan for TIF District No. 1-35 conform to the ecneral plans for the development and redevelopment of the citv. Applicant: Master's Fifth Avenue. Inc. (O.K.) A. Reference and backl!round: At the Planning Commission meeting of August 2, 2005, the commissioners made a motion to table any action on the said resolution until after action is taken on thc CUP to allow a drive-through facility in the CCD and to allow ,joint parking and drives; and a Variance from parking lot standards as required by the Monticello Zoning Ordinance. Again, the Planning Commission is asked to adopt the attached resolution stating it finds the modification to the Redevelopment Plan for the Central Monticello Redevelopment Project No. I and proposed TIF District No. 1-35 Plan conform with the general plans for development and redevelopment of the city as described in the comprehensive plan. Proposed TIF District No. 1-35, a Redevelopment District, is being established to assist with the acquisition costs associated with the redevelopment of three single-family homes at the corner of Locust Street and Third Street West. Additionally, the HRA will assist with the acquisition ,md demolition of the Koppy garage located on an adjacent lot. The redevelopment project known as Landmark Square Phase II is being developed by Barry Fluth, Master's rifth Avenue. The project includes the construction of an approximate 11,000 sq. n. of retail/office center, relocation of Landmark Square Phase I trash enclosure, proposed relocation of an electrical pole, and removal of Koppy garage. The three parcels within the district will be combined via an administrative lot combination by the Chief Building Official. For this agenda item, the Planning Commission is stating the TlF Plan for District No. 1-35 conforms with the Comprehensive Plan: Land use, zoning, and general development plans. Prior to Planning Commission meeting, the Design Advisory Team will view exterior materials, landscape plan, and signage fi.lf recommendation to the Planning Commission, the approval and implementation of these recommendations are important as public dollars are requested. The HRA will consider the TIF Plan on September 7, 2005, and the City Council continued the public hearing from August 22,2005, to September 12,2005, I<)r consideration to adopt the TIF Plan for District No. 1-35. LHB, Inc. has been hired to inspect the homes and make findings as to the coverage and structurally substandard tests in order to qualify the district as a . Planning Commission Agenda - 09/06/05 a Redevelopment TIF District. This report will be available to theHRA commissioners and the City Council members. B. Alternative Action: I. Motion to adopt a resolution finding that a modification to the Redevelopment Plan for Central Monticello Redevelopment Project No.1 and the TIF Plan for TIF I)istrict No. 1-35 conform to the general plans for the development and redevelopment of the city. 2. A motion to deny adoption of a resolution finding .............................................. 3. A motion to table any action. C. Recommendation: . If the Planning Commission approves the CUP, grants a variance, and endorses OAT recommendations; the City Administrator and BRA Executive Director recommend Alternative No.1. Should the inspection report not find the homes to be structurally substandard, then thc Administrator and Executive Director would recommend to thc HRA and Council consider a Renovation and Renewal TIF District. The project supports the downtown and river-front revitalization plan and completes the Landmark Square Plaza project. D. Supportinl! Data: Resolution for adoption, map, excerpt of the "/'1 r Plan. . 2 . . . PLANNING COMMISSION CITY OF MONTICELLO, MINNESOTA RESOLUTION NO. RESOLUTION OF THE CITY OF MONTICELLO PLANNING COMMISSION FINDING THAT A MODIFICATION TO THE REDEVELOPMENT PLAN FOR CENTRAL MONTICELLO REDEVELOPMENT PROJECT NO. 1 AND A TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1-35 CONFORM TO THE GENERAL PLANS FOR THE DEVELOPMENT AND REDEVELOPMENT OF THE CITY. WHEREAS, the City Council for the City of Monticello, Minnesota, (the "City") has proposed to adopt a Modification to the Redevelopment Plan for Central Monticello Redevelopment Project No. 1 (the "Redevelopment Plan Modification") and a Tax Increment Financing Plan for Tax Increment Financing District No. I -35 (the "TIF Plan ") therefor (the Redevelopment Plan Modification and the TIF Plan are referred to collectively herein at the "Plans") and has subrnitted the Plans to the City Planning Commission (the "Commission") pursuant to Minnesota Statutes, Section 469. I 75, Subd. 3, and WHEREAS, the COlllmission has reviewed the Plans to determine their conform ity with the general plans for the development and redevelopment of the City as described in the comprehensive plan for the City. NOW, THEREFORE, BE IT RESOLVED by the Commission that the Plans conform to the general plans for the development and redevelopment of the City as a whole. Dated; September 6, 2005 Chair ATTEST; Secretary . . . e As of August 30, 2005 Dra.ft.for HRA Review MODIFICATION TO THE REDEVELOPMENT PLAN FOR CENTRAL MONTICELLO REDEVELOPMENT PROJECT NO.1 and the TAX INCREMENT FINANCING PLAN for the establishment of TAX INCREMENT FINANCING DISTRICT NO. 1-35 (a redevelopment district) within CENTRAL MONTICELLO REDEVELOPMENT PROJECT NO.1 MONTICELLO HOUSING AND REDEVELOPMENT A UTIIORITY CITY OF MONTICELLO WRIGHT COUNTY STATE OF MINNESOTA Public Hearing: August 22, 2005 Public Hearing Continued: September 12,2005 Adopted: EHLERS Prepared by: EHLERS & ASSOCIATES, INC. 3060 Centre Pointe Drive, Roseville, Minnesota 55113-1105 651-697-8500 fax: 651-697-8555 wwwehlers-inccom & ASSOCIATES INC . . . TABLE OF CONTENTS (for reference purposes only) SECTION 1- MODIFICATION TO THE REDEVELOPMENT PLAN FOR CENTRAL MONTICELLO REDEVELOPMENT PROJECT NO.1. . . . . . . . . . . .. 1-1 Foreword ............................................................. 1-1 SECTION /I - TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1-35 . . . . . . . . . . . - - . . . . . . . . .. 2-1 Subsection 2-1_ Foreword....... _ . . . . . . . . . . . . . _ _ . . . . . . . . . . . _ . . . . . . . . . . .. 2-1 Subsection 2-2. Statutory Authority. . . . . . . . . . . . . . . . . _ _ . . . . . . . . . - - . . . . . . . . .. 2-1 Subsection 2-3. Statement of Objectives .... _ _ . . . . . . . . . . . . . . . . .. . . . . . . . . . .. 2-1 Subsection 2-4. Redevelopment Plan Overview. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2-1 Subsection 2-5. Description of Property in the District and Property To Be Acquired . 2-2 Subsection 2-6. Classification of the District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2-2 Subsection 2-7. Duration of the District. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2-4 Subsection 2-8. Original Tax Capacity, Tax Rate and Estimated Captured Net Tax Capacity Value/lncrement and Notification of Prior Planned Improvements. . . . _ . . . . . . . . . .. 2-4 Subsection 2-9. Sources of Revenue/Bonded Indebtedness ................. _ .. 2-5 Subsection 2-10. Uses of Funds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2-6 Subsection 2-11. Business Subsidies. . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . - 2-7 Subsection 2-12. County Road Costs _ _ . . . . . . . . . . . . . . . . . . . . . . . . - . . . . . . . . . . .' 2-8 Subsection 2-13. Estimated Impact on Other Taxing Jurisdictions. . . . . . . . . . . . . . . .. 2-8 Subsection 2-14. Supporting Documentation ............ _ . . . . . . . . . . . - . . . . . . .. 2-9 Subsection 2-15. Definition of Tax Increment Revenues ..................... - .. 2-9 Subsection 2-16. Modifications to the District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2-9 Subsection 2-17. Administrative Expenses . . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . .. 2-10 Subsection 2-18. Limitation of Increment ...... _ _ . . . . . . . . . . . . _ _ . . . . . . . . . - . .. 2-11 Subsection 2-19. Use of Tax Increment ............................. - . . . . .. 2-11 Subsection 2-20_ Excess Increments ....................... _ . . . . . . . . . . . . .. 2-12 Subsection 2-21. Requirements for Agreements with the Developer.. . .... . . .. ... 2-12 Subsection 2-22. Assessment Agreements ................................ - 2-13 Subsection 2-23. Administration of the District.............. _.... ..... . -. . ... 2-13 Subsection 2-24. Annual Disclosure Requirements ............. _ . . . . . . . . . . . .. 2-13 Subsection 2-25. Reasonable Expectations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . - . .. 2-13 Subsection 2-26. Other Limitations on the Use of Tax Increment. . . . . . . . . . . . . . . .. 2-14 Subsection 2-27. Summary........................................ - . . . .. 2-14 APPENDIX A PROJECT DESCRIPTION ........... . . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . . - . . . .. A-1 APPENDIX B MAPS OF CENTRAL MONTICELLO REDEVELOPMENT PROJECT NO.1 AND TAX INCREMENT FINANCING DISTRICT _ _ . . . . . . . . . . . _ . . . . . . . . . . . . . . .. B-1 APPENDIX C DESCRIPTION OF PROPERTY TO BE INCLUDED IN THE DISTRICT. . . . . . . . . - . .. C-1 APPEN DIX 0 ESTIMATED CASH FLOW FOR THE DISTRICT ........................ - . . . .. 0-1 . APPENDIX E MINNESOTA BUSINESS ASSISTANCE FORM .. _ . . . . . . . . . . . . . . . . . . . . . . . . . . .. E-1 APPENDIX F REDEVELOPMENT QUALIFICATIONS FOR THE DISTRICT .................... F-1 APPENDIX G BUT/FOR QUALIFICATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. G~1 . . . . . SECTION 1- MODIFICA TlON TO THE REDEVELOPMENT PLAN FOR CENTRAL MONTICELLO REDEVELOPMENT PROJECT NO.1 Foreword The following text represents a Modification to the Redevelopment Plan for Central Monticello Redevelopment Project No.1. This modification represents a continuation of the goals and objectives set forth in the Redevelopment Plan for Central Monticello Redevelopment Project NO.1. Generally. the substantive changes include the establishment of Tax Increment Financing District No. 1-35. For further information. a review of the Redevelopment Plan for Central Monticello Redevelopment Project No. I is recommended. It is available li'oln the Executive Director of the HRA at the City of Monticello. Other relevant information is contained in the Tax Increment Financing Plans for the Tax Increment Financing Districts located within Central Monticello Redevelopment Project No. I. MOllticello HOIlSlllg "nd Redevelopment Amhoril) Modificntionto Ihe Redevelopmelll Plan for Cenlni! Monticello Redevelopment Project No. I I_I . . . SECTION /I - TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1-35 Subsection 2-1. Foreword The Monticello Housing and Redevelopment Authority (the "HRA"), the City of Monticello (the "City"), staff and consultants have prepared the following information to expedite the establishment of Tax Increment Financing District No. 1-35 (the "District"), a redevelopment tax increment financing district, located in Central Monticello Rcdevelopment Project No. I. Subsection 2-2. Statutory Authority Within the City, there exists areas where public involvement is necessary to cause development or redevelopment to occur. To this end, the HRA and City have certain statutory powers pursuant to Minnesota Statutes ("MS, '~), ,<.,'ections 469001 to 469,047, inclusive, as amended, and M.S" Sections 469,174 to 469,1799, inclusive, as amended (the "Tax Increment Financing Act" or "TIF Act"), to assist in financing public costs related to this project. This section contains the Tax Increment Financing Plan (the "TIF Plan ") for Tax I ncrement Financing District No. 1-35. Other relevant information is contained in the Modification to the Redevelopment Plan for Central Monticello Redevelopment Project No.1. Subsection 2-3. Statement of Objectives The District currently consists of three parcels of land and adjacent and internal rights-of-way. The District is being created to facilitate construction of II ,000 s.f. of commercial space consisting of a rcstaurant, office and other uses in the City of Monticello. Please see Appendix A for furthcr project inf(mnation. Contracts for this have not been entered into at the time of preparation of this TIF Plan, but development is likely to occur in 2006. This TIF Plan is expected to achieve many of the objectives outlined in the Redevelopment Plan for Central Monticello Redevelopment Project No. I. The activities contemplated in the Modification to the Redevelopment Plan and the TIF Plan do not preclude the undertaking of other qualified development or redcvelopment activities, These activities are anticipated to oCClir over the I ife of Central Monticello Redevelopment Project No. I and the District. Subsection 2-4. Redevelopment Plan Overview J. Property to be Acquired - Selected propelty located within the District may be acquired by the HRA or City and is further described in this TIF Plan. 2. Relocation - Relocation services, to the extent required by law, are available pursuant to M. 5,'. , Chapter 117 and other relevant state and federal laws. 3. Upon approval of a developer's plan relating to the project and completion ofthe nccessary legal requirements, the HRA or City may sell to a developer selected properties that it may acquire within the District or may lease land or facilities to a developer. 4. The HRA or City may perform or provide for some or all necessary acquisition, construction, relocation, demolition, and required utilities and public street work within the District. Monticello Housing illld Redevelopment Authority T("I;'< Increment FinHllcing Plan for Tax Increment Financing Disll'id No. 1-35 2-1 . . . Subsection 2-5. Description of Property in the District and Property To Be Acquired The District encompasses all property and adjacent rights-of-way and abutting roadways identified by the parcels listed below. See the map in Appendix B for further information on the location of the District. Parcel Numbers* 155-010-036011** 155-010-036010** 155-010-036030** *These parcels will be combined via an administrative lot combination by the City of Monticello. The lot combination will be done after the public hearing, but prior to the request for certification. **These parcels are "Knocked Down" parcels that are being removed from Tax Increment Financing District No. ] -22 to be included in Tax Increment Financing District No. 1-35. The HRA or City may acquire any parcel within the District including interior and adjacent street rights of way. Any propeliies identified for acquisition will be acquired by the HRA or City only in order to accomplish one or more of the following: storm sewer improvements; provide land for needed public streets, utilities and facilities; carry out land acquisition, site improvements, clearance and/or development to accomplish the uses and objectives set fOlih in this plan. The HRA or City may acquire propeliy by gift, dedication, condemnation or direct purchase from wi lIing sellers in order to achieve the objectives ofthis TIF Plan. Such acquisitions will be undeliaken only when there is assurance offunding to finance the acquisition and related costs. Subsection 2-6. Classification of the District The HRA and City, in determining the need to create a tax increment financing district in accordance with M.S" Sections 469.174 to 469.1799, as amcndcd, inclusive, find that the District. to be established, is a redevelopment district pursuant to MS., .'l'ection 469.174. Suhd 1 O(a){ 1) as defined below: (a) "Redevelopment district" means a type (ltax increment financing district consisting ala project, or portions o{a preJject, within which the authority finds hy resolution that one or more olthe following conditions, reasonably distributed throughout the distriel, exists' (1) parcels consisting 0{70 percent of the area in the district are occupied hy huildings, streets, utilities, paved or gravel parking lots or other similar structures and more than 50 percent o{ the huildings. not including outbuildings, arc structural~v substandard to a degree rnJuiring suhstantial renovation or clearance; (2) The proper~v consists of vacant, unused, under used, inappropriate~v used, or inFequently used rail yards, rail storagefhcilities or excessive or vacated railroad rights-qf~way; (3) tank{acilities, or property whose immediately previous use wasfbr tankfacilities, as defined in Section J 15e, Suhd 15, if the tankfhcility: (i) have or had a capacity of more than one million gallons; Oi) are located adjacent to rail{acilities; or (hi) have heen removed, or are unused, underused, inappropriately used or infi'equently Monticello Housing and Redcvdoplllcnt Authority Tax Increment Financing Plan for T;lx ]1I<.:n;lI'H,~nll-'inanc,;ing Dislrict No, 1-,1:') 2-2 . . . used; or (4) a qualifying disaster area, as defined in Subd. 10h (h) For purposes of this subdivision, "structurally substandard" shall mean containing de.fixts in structural elements or a combination ofdeficiencies in essential utilities andfilcilities, light and ventilationJire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are Ofnt/ficient total significance to justifY substantial renovation or clearance. (c) A building is not structurally substandard ifit is in compliance with the building code applicable to new huildings or could be modified to sat ish' the building code at a cost qf less than 15 percent of the cost of constructing a new structure of the same squarej(JOtage and type on the site. The municipality may find that a building is not disqual!fied as structurall)' substandard under the preceding sentence on the hasis ofreasonah~v availahle evidence, such as the size, type, and age ()fthe huilding, the average cost ofplumbing, electrical, or structural repairs or other similar reliable evidence. The municipality may not make such a determination without an interior inspection ()j'the property, but need not have an independent, expert appraisal prepared (~fthe cost o.f repair and rehahilitation of the building. An interior inspection (~fthe properrV is not required, if the municipalityfinds that (1) the municipality or authority is lmahle to gain access to the property afier using its best efje)!'ts to obtain permissionfi.om the parr)' that owns or controls the property; and (2) the evidence otherwise supports a reasonable conclusion that the building is structurally substandard. (d) A parcel is deemed to he occupied by a structurally substandard buildingfbr purposes of the finding under paragraph (a) tfall ofihefiJIlowing conditions are met: (1) the parcel was occupied by a substandard building within three years of the filinR of the requestfhr certification of the parcel as part of the district with the county auditor; (2) the suhstandard building was demolished or removed by the authorirv or the demolition or removal was financed by the authorirv or was done by a developer under a development agreement with the authority, (3) the authority found by resolution hefbre the demolition or removal that the parcel was occupied by a structurally substandard building and that after demolition and clearance the authority intended to include the parcel within a district; and (4) uponfiling the requestfor certifkation of the tax capacity oj'the parcel as part (~fa district, the authority notifies the county auditor that the original tax capacity of the parcel must he adjusted as provided hy ,9' 469177, subdivision I, paragraph (j). (e) Forpurposes o.fthis subdivision, a parcel is not occupied by buildings, streets, utilities, paved or gravel parking lots or other similar structures unless 15 percent o.fthe area of the parcel contains buildings, streets, utilities, paved or gravel parking lots or other similar structures. (f) For districts consisting o.l two or more noncontiguous areas, each area must lfualifj, as a redevelopment district under paragraph (a) to be included in the district, and the entire area ol the district must satish' paragraph (a). Monticello HOllSillg (Ind Redevelopment Authority Tax Increment rinnncing Plan for Tax Increment Financing District No. 1-.15 2-3 . . . In meeting the statutory criteria the HRA and City rely on the following facts and findings: The District is a redevelopment district consisting of three parcels. An inventory shows that parcels consisting of more than 70 percent of the area in the District are occupied by buildings, streets, utilities, paved or gravel parking lots or other similar structures. An inspection of the buildings located within the District finds that more than 50 percent of the buildings are structurally substandard as defined in the TIF Act. (See Appendix F). Pursuant to MS" Sections 469,176 Subd 7, the District does not contain any parcel or pari of a pa rcel that qual ified under the provisions of MS, Sections 273, II / or 273112 or Chapter 47 3H for taxes payable in any of the five calendar years before the filing of the request feJr certification of the District. Subsection 2-7. Duration of the District Pursuant to M.s', c)'ect;on 469175, Subd. I, and Section 469,176, Subd. I, the duration of the District must be indicated with in the TIF Plan. Pursuant to MS., Section 469, /76, Subd. 117, the duration 0 f the District will be 25 years aner receipt of the first increment by the HRA or City (a total 01'26 years of tax increment). The date of receipt by the City ofthe first tax increment is expected to be 2008. Thus, it is estimated thatthe District, including any modifications ofthe TIF Plan lor subsequent phases or other changes, would terminate after 2033, or when the TIF Plan is satisfied. If increment is received in 2007, the term of the District will be 2032. The HRA or City reserves the right to decertify the District prior to the legally required date. Subsection 2-8. Original Tax Capacity, Tax Rate and Estimated Captured Net Tax Capacity Value/lncrement and Notification of Prior Planned Improvements Pursuant to MS, See/ion 469 /74, Subd. 7 and M,S, Section 469, 177, 5,'ubd I, the Original Net Tax Capacity (ONTC) as certified for the District will be based on the market values placed on the property by the assessor in 2005 for taxes payable 2006. Pursuant to M_S, Section 469,177, Subds / and 2, the County Auditor shall certify in each year (beginning in the payment year 2008) the amount by which the original value has increased or decreased as a result of: I. Change in tax exempt status of property; 2. Reduction or enlargement of the geographic boundaries of the district; 3. Change due to adjustments, negotiated or eouli-ordered abatements; 4. Change in the use of the property and classification; 5. Change in state law governing class rates; or 6. Change in previously issued building permits. In any year in which the current Net Tax Capacity (NTC) value ofthe District declines below the ONTe, no value will be captured and no tax increment will be payable to the liRA or City. The original local tax rate fe)r the District will be the local tax rate for taxes payable 2006, assuming the request jell' certification is made before June 30, 2006. The ONTC and the Original Local Tax Rate for the District appear in the table on the following page. Pursuant to MS, Section 469_ / 74 Subd. 4 and MS., 5,'eclion 469 /77, Subd. I, 2. and 4, the estimated Captured Net Tax Capacity (CTC) of the District, within Central Monticello Redevelopment Project No. I, upon completion of the project, will annually approximate tax increment revenues as shown in the table on the following page. The liRA and City request 100 percent of the available increase in tax capacity for Monticello Housing Hnd Redevelopment ^uthOI"ity Tax Increment fimll1cing Plnn ror Tax IIl(,.:rC1l1ent fimlllc;ing Disll'ict No. 1-15 2-4 . . . repayment of its obligations and current expenditures, beginning in the tax year payable 2008. The Project Tax Capacity (PTC) listed is an estimate of values when the project is completed. Project Estimated Tax Capacity upon Completion (PTC) Original Estimated Net Tax Capacity (ONTC) Estimated Captured Tax Capacity (CTe) $19,250 $5,318 $13,933 1.22111 Pay 2005 Original Local Tax Rate Estimated Annual T.1X Increment (CTC x Local Tax Rate) $17,014 Percent Retained by the HRA 100%, Pursuant to M.S. Section 469.177. Subd 4, the HRA shall, after a due and diligent search, accompany its request for certification to the County Auditor or its notice of the District enlargement pursuant to MS, Section 469 J 75, Sl/bd 4, with a listing of all properties within the District or area of enlargement for which building permits have been issued during the eighteen (18) months immediately preceding approval of the TIF Plan by the IIJunicipality pursuant to MS, Section 469175. Subd 3 The County Auditor shall increase the original net tax capacity of the District by the net tax capacity of improvements for which a building permit was issued. The City has reviewed the arca to be included in the District and found no parcels for which building perm its have been issued during the 18 months immediately preceding approval ofthc TIF Plan by the City. Subsection 2-9. Sources of Revenue/Bonded Indebtedness Public improvement costs, land acquisition. utilities, parking facilities, streets and sidewalks, and site preparation costs and other costs outlined in the Uses of Funds will be financed primarily through the annual collection of tax increments. The HRA or City reserves the right to use other sources of revenue legally ap- plicable to the !-IRA or City and the TIF Plan, including, but not limited to, special assessments, general property taxes, state aid for road maintenance and construction, proceeds hom the sale of/and, other contribu- tions hom the developer and investment income, to pay for the estimated public costs. The HRA or City reserves the right to incur bonded indebtedness or other indebtedness as a result of the TIF Plan. As presently proposed, the project will be financed by a pay-as-you-go note. Additional indebtedness may be required to finance other authorized activities. The total principal amount of bonded indebtedness, including a general obligation (GO) TIF bond, or other indebtedness related to the use of tax increment financing will not exceed $450,000 without a modification to the TIF Plan pursuant to applicable statutory requirements. This provision does not obligate the HRA or City to incur debt. The HRA or City will issue bonds or incur other debt only upon the determination that such action is in the best interest of the City. The HRA or City may also finance the activities to be undertaken pursuant to the TI F Plan through loans from funds of the HRA or City or to reimburse the developer on a "pay-as-you-go" basis for eligible costs paid for by a developer. The estimated sources of funds for the District are containe d in the table on the following page. MOJllicdlo Ilousing and Redcvdopmcl'l! ^uthority Tax Increment Financing Plan for Tax Incn:lTlent Fil1ancing Distri<:1. No. 1-35 2-5 . SOURCES OF FUNDS TOTAL $450,000 $450,000 Tax Increment PROJECT REVENUES Subsection 2-10. Uses of Funds Currently under consideration for the District is a proposal to facilitate construction of 11,000 s.f. of commercial space consisting of a restaurant. office and other uses. The HRA and City have determined that it will be necessary to provide assistance to the project for cel1ain costs. The HRA has studied the feasibility of the development or redevelopment ofpropel1y in and around the District. To facilitate the establishment and development or redevelopment of the District, this TIF Plan authorizes the use of tax increment financing to pay for the cost of certain el igible expenses. The estimate of public costs and uses offunds associated with the District is outlined in the following table. USES OF FUNDS TOTAL Land/Building Acquisition $100.000 Site Improvements/Preparation $35,000 Public Utilities $35,000 Parking Facilities $35,000 Streets and Sidewalks $10,000 . Interest $180,000 Administrative Costs (up to 10%) $55,000 PROJECT COSTS TOTA L $450,000 The above budget is organized according to the Office of State Auditor (OSA) rep0l1ing forms. It is estimated that the cost of improvements. including administrative expenses which will be paid or financed with tax increments. will equal $450,000 as is presented in the budget above. Estimated costs associated with the District are subject to change among categories without a modification to this TIF Plan. The cost of all activities to be considered for tax increment financing will not exceed, without formal modification, the budget above pursuant to the applicable statutory requirements. Pursuant to M.S., Section 469.1763, Subd. 2, no more than 25 percent of the tax increment paid by property within the District will he spent on activities related to development or redevelopment outside of the District but within the boundaries of Central Monticello Redevelopment Project No. I, (including administrative costs, which are considered to be spent outside of the District) subject to the limitations as described in this TIF Plan. . Monticello HOllsing IInd Redevelopment Authorily lax Increment Flnancil1,!! Plan for Tm.. Increment Finallcing District No. I ft15 2.6 . Subsection 2-11. Business Subsidies Pursuant to MS', S'ections 1161. 993, Subd. 3, the following forms of financial assistance are not considered a business subsidy: (1 ) (2) (3) (4) (5) (6) (7) (8) (9) (10) ( ] I ) ( 12) ( 13) . ( 14) ( 15) ( 16) ( 17) ( 18) ( 19) (20) (21 ) (22) A business subsidy of less than $25,000; Assistance that is generally available to all businesses or to a general class of similar businesses, such as a line of business, size, location, or similar general criteria; Public improvemcnts to buildings or lands owned by the state or local government that serve a public purpose and do not principally benefit a single business or defined group of businesses at the time the improvements are made; Redevelopment property polluted by contaminants as defined in MS, Section 1161. 552, Subd. 3; Assistance provided for the sole purpose of renovating old or decaying building stock or bringing it up to code and assistance provided for designated historic preservation districts, provided that the assistance is equal to or less than 50% of the total cost; Assistance to providejob readiness and training services if the sole purpose of the assistance is to prov ide those services; Assistance for housing; Assistance for pollution control or abatement, including assistance for a tax increment financing hazardous substance subdistrict as defined under MS., Section 469. J 74, Subd. 23; Assistance for energy conservation; Tax reductions resulting from conformity with federal tax law; Workers' compensation and unemployment compensation; Benefits derived ti-om regulation; Indirect benefits derived from assistance to educational institutions; Funds from bonds allocated under chapter 474A, bonds issued to refund outstanding bonds, and bonds issued for the benefit of an organization described in section 501 (c) (3) of the Internal Revenue Code of 1986, as amended through December 31, 1999; Assistance for a collaboration between a Minnesota higher education institution and a business; Assistance for a tax increment financing soils condition district as defined under MS" Section 469.174, Subd. 19; Redevclopment whcn the recipient's investment in the purchase of the site and in site preparation is 70 percent or more of the assessor's current year's estimated market value; General changes in tax increment financing law and other general tax law changes of a principally technical nature, Federal assistance until the assistance has been repaid to, and reinvested by, the state or local government agency; Funds from dock and wharf bonds issued by a seaway port authority; Business loans and loan guarantees 01'$75,000 or less; and Federal loan funds provided through the United States Depm1ment of Commerce, Economic Developmcnt Administration. 'rhe liRA will comply with MS, Section 1 J 6.1 993 to 1161. 995 to the extent the tax increment assistance under this TIF Plan does not fall under any of the above exemptions. . Monticello Housing and Redevcl(JplTl~~nt Authority "-7 Tax Increment FirHmcin~ Plan for Tax IncrclIlclll Finnnc,:ing Oistrict No. 1-35 . . . Subsection 2.12. County Road Costs Pursuant to M.S., Section 469.175, Subd. 1 a, the county board may require the I-IRA or City to pay for all or pmi of the cost of county road improvements if the proposed development to be assisted by tax increment will, in the judgement of the county, substantially increase the use of county roads requiring construction of road improvements or other road costs and if the road improvements arc not scheduled within the ncxt five years under a capital improvement plan or within five years under another county plan. If the county elects to use increments to improve county roads, it must notify the HRA or City within f()liy- five days of receipt of this TIF Plan. In the opinion of the HRA and City and consultants, the proposed development outlined in this TIF Plan will have little or no impact upon county roads, therefore the TIF Plan was not forwarded to the county 45 days prior to the public hearing. The HRA and City are aware that the county could claim that tax increment should be used for county roads, even after the public hearing. Subsection 2-13. Estimated Impact on Other Taxing Jurisdictions The estimated impact on other taxing jurisdictions assumes that the redevelopment contemplated by the TIF Plan would occur without the creation of the District. However. the HRA or City has determined that such development or redevelopment would not occur "but for" tax increment financing and that, therefore, the fiscal impact on other taxing jurisdictions is $0. The estimated fiscal impact of the District would be as follows if the "but for" test was not met: IMPACT ON TAX BASE Wright County City of Monticello Monticello ISO No. 882 2004/2005 Total Net Tax Capacity 90,204,086 11,863,014 18,405,444 13,933 13,933 Estimated Captured Tax Capacity (CTe) Upon Com pletion 13,933 Percent of CTC to Entity Total 0.0154'1., 0.1174% 0.0757% IMPACT ON TAX RATES Wright County City of Monticello Monticello ISO No. 882 Other (Hospital) Total 2004/2005 Percent Potential Extension Rates of Total CTC Taxes 0.344140 28.18% 13,933 4,795 0.586510 48.03% 13,933 8,172 0.263790 21.60% 13,933 3,675 0.026670 2.18% 13,933 372 1.221 1 1 0 100.00% 17,014 The estimates listed above display the captured tax capacity when all construction is completed. The tax rate used 1'(11' calculations is the actual 2004/Pay 2005 rate. The total net capacity for the entities listed above are based on actual Pay 2005 figures. The District will be celiified under the actual 200S/Pay 2006 rates, which were unavailable at the time this TIF Plan was prepared. Monticell" HOllSlIlg alld Redevelop",""! ^"thority Tax Inr,;rClllent Financing P']jtll for Tax increment Financing District No, l<i5 l-S . . . Subsection 2R14. Supporting Documentation Pursuant to MS S'ection 469. J 75 Subd J, clause 7 the TlF Plan must contain identification and description of studies and analyses used to make the determination set forth in MS S'ection 469.175 Subd 3, clause (2) and the findings are required in the resolution approving the TIF district. Following is a list of reports and studies on file at the City that support the Authority's findings: A list of applicable studies, if any, will be listed here prior to the public hearing. Subsection 2-15. Definition of Tax Increment Revenues Pursuant to MS, S'ection 469. J 74, <,-,'ubd. 25, tax increment revenues derived fi'om a tax increment financing district include all of the following potential revenue sources: 1, Taxes paid by the captured net tax capacity, but excluding any excess taxes, as computed under M.S., Section 469.177; 2, The proceeds from the sale or lease of property, tangible or intangible, to the extent the property was purchased by the Authority with tax increments; 3. Principal and interest received on loans or other advances made by the Authority with tax increments; 4, Interest or other investment earnings on or from tax increments; 5, Repayments or return of tax increments made to the Authority under agreements for districts for which the request for celiification was made after August 1, 1993; and 6. The market value homestead credit paid to the Authority under MS'., Section 273. f 384. Subsection 2-16. Modifications to the District In accordance with MS., Section 469 J 75, Subd. 4, any: I. R.eduction or enlargement of the geographic area of Central Monticello Redevelopment Project No. lor the District, if the reduction does not meet the requirements of M.S., Section 469 J 75, Subd. 4(e); 2. Increase in amount of bonded indebtedness to be incurred; 3. A determination to capitalize interest on debt if that determination was not a part of the original TIF Plan, or to increase or decrease the amount of interest on the debt to be capitalized; 4. Increase in the portion of the captured net tax capacity to be retained by the HRA or City; 5. Increase in the estimate ofthe cost of the project, including administrative expenses, that will be paid or financed with tax increment from the District; or 6. Designation of additional property to be acquired by the HRA or City, shall be approved upon the notice and after the discussion, public hearing and findings required for approval of the original TIF Plan. Pursuant to MS. S'ection 469 J 75 ,)'ubd. 4(1), the geographic area of the District may be reduced, but shall not he enlarged after five years following the date of certification of the original net tax capacity by the county auditor. If a redevelopment district is enlarged, the reasons and supporting facts for the determination that the addition to the district meets the criteria of M.S., See/ion 469.174, Subd. 10, paragraph (a), clauses (1) to (5), must be documented in writing and retained. The requirements ofthis paragraph do not apply if( I) the only modification is elimination ofparcel(s) hom Central Monticello Redevelopment Project No.1 or the District and (2) (A) the current net tax capacity of the parcel(s) eliminated from the District equals or exceeds the net tax capacity of those parcel(s) in the District's original net tax capacity or (8) the HRA agrees that, notwithstanding M.S., Sect;on 469.1 77, Subd. f, the original net tax capacity will be reduced by no more than Monlicello I lousing and Kcdt;vclopment Authority Ta\ Increment f-inancing Plan rOi' Tax Increment Finilllcing Districl No. 1-35 2-9 . . . the current net tax capacity ofthe parce](s) eliminated from the District. The liRA or City must notify the County Auditor of any modification that reduces or enlarges the geographic area of Central Monticello Redevelopment Project No.1 or the District. Modifications to the District in the form ofa budget modification or an expansion of the boundaries will be recorded in the TIF Plan. Subsection 2~17. Administrative Expenses ]n accordance with M.S, Section 469,174, Sl/hd. 14, administrative expenses means all expenditures of the HRA or City, other than: 1. Amounts paid for the purchase of land; 2. Amounts paid to contractors or others providing materials and services, including architectural and engineering services, directly connected with the physical dcvelopment of the real property in the project; 3. Relocation benefits paid to or services provided for persons residing or businesses located in the project; or 4. Amounts used to pay principal or interest on, fund a reserve for, or sell at a discount bonds issued pursuant to M.S" S'ection 469, f 78; or 5. Amounts used to pay other financial obligations to the extent those obligations were used to finance costs described in clauses (I) to (3), For districts for which the request for celtification were made before August I, 1979, or after June 30, 1982, administrative expenses also include amounts paid for services provided by bond counsel, fiscal consultants, and planning or economic development consultants. Pursuant to M.S" Section 469,176, Sl/bd. 3, tax increment may be Llsed to pay any authorized and documented administrative expenses for the District up to but not to exceed 10 percent of the total estimated tax increment expenditures authorized by the TlF Plan or the total tax increments, as detined by MS, ,)'ection 469. /74, Subd. 25, clause (1), from the District, whichever is less. Pursuant to M.S, Section 469, f 76, Suhd 4h, tax increments may be used to pay for the County's actual administrative expenses incurred in connection with the District. The county may require payment of those expenses by February 15 of the year following the year the expenses were incurred. Pursuant to MS" Section 469, 177, Suhd. f f, the County Treasurer shall deduct an amount (currently .36 percent) of any increment distributed to the HRA or City and the County Treasurer shall pay the amount deducted to the State Treasurer for depos it in the state general fund to be appropriated to the State Auditor for the cost of financial reporting of tax increment financing information and the cost of examining and auditing authorities' use of tax increment financing, This amount may be adjusted annually by the Commissioner of Revenue. Monticello I IOllsing and Redevelopment AutllOI'ily Tax lncrcmcnl Financing Plan for lax [Ilcrcment Financing District No. 1-.35 2.[ (J . . . Subsection 2-18. Limitation of Increment The tax increment pledged to the payment of bonds and interest thereon may be discharged and the District may be terminated ifsufficient funds have becn irrevocably deposited in the debt service fund or other escrow account held in trust for all outstanding bonds to provide for the payment of the bonds at maturity or redemption date. Pursuant to MS., Section 469.176, Suhel 6: if, afierfour yearsfrom the date oj'certification of the original net tax capacity oj'the tax increment financing district pursuant to MS, Section 469.177, no demolition, rehabilitation or renovation ()j' property or other site preparation, including qualified improvement oj'a street a({jacent to a parcel but not installation of utility service including sewer or water .\ystems, has been commenced on a parcel located within a tax incrementfinancing district by the authority or by the owner qj'the parcel in accordance with the tax incremen(financing plan, no additional tax increment may be takenfi-om that parcel and the original net tax capacity oj'that parcel shall be excludedfi-om the original net tax capacity oj'the tax increment financing district. Ij'the authority or the owner of the parcel subsequentfv commences demolition, rehabilitation or renovation or other site preparation on that parcel including qualified improvement oj' a street adjacent to that parcel, in accordance with the tax incrementfinancing plan, the authority shall certifi! to the county auditor that the activity has commenced and the county auditor shall cert?fj; the net tax capacity thereof as most recentfv certified by the commissioner oj'revenue and add it to the original net tax capacity of the tax increment finanCing district. The county audi/or must enforce the provisions oj'this suhdivision The authority must submit to the countv auditor evidence that the required activity has taken placefi:Jr each parcel in the district The evidencefor a parcel must be submilted by February 1 (~j'thefifih yearfhllowing thevear in which the parcel was certified as included in the district Forpurposes of/his subdivision, qualified improvemel1ls oj'a street are limited to (1) construction or opening oj'a ne1i/ street, (2) relocation oj'a street, und (3) substantial reconstruction or rebuilding (~j'an existing street. The HRA or City or a properiy owner must improve parcels within the District by approximately August, 2009 and report such actions to the County Auditor. Subsection 2-19. Use of Tax Increm ent The lIRA or City hereby determines that it will use] 00 percent (lfthe captured net tax capacity of taxable properiy located in the District for the following purposes: 1. To pay the principal of and interest on bonds issued to finance a project; 2. to finance, or otherwise pay public redevelopment costs of Central Monticello Redevelopment Project No. ] pursuant to the MS., Sections 469001 to 469.047; 3. To pay for project costs as identified in the budget set j~)lth in the TIF Plan; 4. To finance, or otherwise pay I~)r other purposes as provided in M.S, Section 469 J 76, Subd. 4; 5. To pay principal and interest on any loans, advances or other payments made to or on behalf of the HRA or City or l(lr the benetlt of Central Monticello Redevelopment Project No. ] by a developer; 6. To finance or otherwise pay prcmiums and other costs f~)r insurance or other security guaranteeing the payment when due of principal of and interest on bonds pursuant to the T'I F Plan or pursuant to M.,)'., Chapter 462C. MS., Sections 469. J 52 through 469 J 65, and/or MS., Sections 469178; and Monticello Housin!-! and Rcdcveloplllcnt ^uthol'ily T[lX Increment Financing Plal1 for TflX Illcn.::mcnt Financing District No ] ~.15 2-11 . 7. To accumulate or maintain a reserve securing the payment when due of the principal and interest on the tax increment bonds or bonds issued pursuant to M.S., Chapter 462C, M.s., Sections 469.152 through 469.165, and/or M.S., Sections 469.178. These revenues shall not be used to circumvent any levy limitations applicable to the City nor for other purposes prohibited hy M.S., Section 469.176, Subd. 4. Tax increments generated in the District will be paid by Wright County to the H RA I())' the Tax Increment rund of said District. Thc HRA or City will pay to the developer(s) annually an amount not to exceed an amount as specified in a developer's agreement to reimburse the costs of land acquisition, public improvements, demolition and relocation, site preparation, and administration. Remaining increment funds will be uscd for HRA or City administration (up to 10 percent) and the costs of public improvement activities outside the District. Subsection 2-20. Excess Increments Excess incremcnts. as defined in MS., Section 469176, Subd. 2, shall be used only to do one or more ofthe following: I. Prepay any outstanding bonds; 2, Discharge the pledge of tax increment for any outstanding bonds; 3. Pay into an escrow account dedicated to the payment of any outstanding bonds; or 4. Return the excess to the County Auditor for redistribution to the respective taxing jurisdictions in proportion to their local tax rates. . The I-1RA or City must spcnd or return the excess increments under paragraph (c) within nine months atter the end of the year. In addition, the I-1RA or City may, subject to the limitations set forth herein, choose to modify the TIF Plan in order to finance additional public costs in Central Monticello Redevelopment Project No. I or the District. Subsection 2-21. Requirements for Agreements with the Developer The I-1RA or City will review any proposal for private development to determine its conformance with the Redevelopment Plan and with applicable municipal ordinances and codes. To facilitate this effoli, the following documents may be requested for review and approval: site plan, construction, mechanical. and electrical system drawings, landscaping plan, grading and storm drainage plan, signage system plan, and any other drawings or narrative deemed necessary by the I-1RA or City to demonstrate the conf(lI"mance of the development with City plans and ordinances. The HRA or City may also use the Agreements to address other issues related to the development. Pursuant to MS., S'ee/ion 469.176, Suhd. 5, no more than 25 percent, by acreage, of the property to be acquired in the District as set forth in the TIF Plan shall at any time be owned by the I-1RA or City as a result of acquisition with the proceeds of bonds issued pursuant to MS., See/ion 469178 to which tax increments from property acquired is pledged, unless prior to acquisition in excess 01'25 percent of the acreage, the HRA or City concluded an agreement for the development or redevelopment of the propeliy acquired and which provides recourse for the I-1RA or City should the development or redevelopment not be completed. MOlllicello I.lollslng and Redevdopmenl ^uthority Tax Incf'c-Illent financing Plan for Tax Incl'clTlcnt FinJnciTl)! District No. 1-3) :!"12 . Subsection 2-22. Assessment Agreements Pursuant to M.S, Section 469.177, Subd. 8, the HRA or City may enter into a written assessment agreement in recordable form with the developer ofpropeliy within the District whieh establishes a minimum market value of the land and completed improvements for the duration ofthe District. The assessment agreement shall be presented to the County Assessor who shall review the plans and specifications for the improvements to be constructed, review the market value previously assigned to the land upon which the improvements are to be constructed and, so long as the minimum market value contained in the assessment agreement appears, in the judgment of the assessor, to he a reasonable estimate, the County Assessor shall also celiify the minimum market value agreement. Subsection 2-23. Administration of the District Administration of the District will be handled by the Executive Director of the HRA. Subsection 2-24. Annual Disclosure Requirements Pursuant to MS, Section 469.175, Subd. 5, 6, and 6h the I-/RA or City must undeliake financial reporting for all tax increment financing districts to the Office ofthe State Auditor. County Board, County Auditor and School Board on or before August 1 of each year. MS., Section 469 J 75, Subd. 5 also provides that an annual statement shall he published in a newspaper of general circulation in the City on or before August 15. . If the City fails to make a disclosure or submit a report containing the in/ormation required by MS, Section 469.175 Suhd. 5 and Subd. 6, the OSA will direct the County Auditor to withhold the distribution of tax increment from the District. Subsection 2-25. Reasonable Expectations As required by the TIF Act, in establishing the District, the determination has been made that the anticipated development would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the TlF Plan. In making said determination, reliance has been placed upon written representation made by the developer to such effects and upon liRA and City staff awareness of the feasibility of developing the project site. A comparative analysis of estimated market values both with and without establishment of the District and the use of tax increments has been performed as described above. Such analysis is included with the cashflow in Appendix D, and indicates that the increase in estimated market value ofthe proposed development (less the indicated subtractions) exceeds the estimated market value of the site absent the establishment of the District and the use of tax increments. - - Monticello HOUSing Hnd Redevelopment ^lIthonty Ta.\: Il'1cremt:nt Finnncing Plan for Tax Increment Filwllcing District No. ] ~.15 2-1.1 . . . Subsection 2-26. Other Limitations on the Use of Tax Increment I. General Limitations. All revenue derived from tax increment shall be used in accordance with the TIF Plan. The revenues shall be used to finance. or otherwise pay public redevelopment costs of Central Monticello Redevelopment Project No. I pursuant to the MS., Sections 469.0(}1 to 469.047. Tax increments may not be used to circumvent existing levy limit law. No tax increment may be used for the acquisition, construction, renovation, operation, or maintenance ofa building to be used primarily and regularly for conducting the business of a municipality, county, school district, or any other local unit of government or the state or federal government. This provision does not prohibit thc use of revenues derived from tax increments for the construction or renovation of a parking structure. 2. Pooling Limitations. At least 75 percent of tax increments from the District must be expended on activities in the District or to pay bonds, to the extent that the proceeds of the bonds were used to finance activities within said district or to pay, or secure payment of, debt service on credit enhanced bonds. Not more than 25 percent of said tax increments may be expended, through a development fund or otherwise, on activities outside of the District except to pay, or secure payment of, debt service on credit enhanced bonds. For purposes ofapplying this restriction, all administrative expenses must be treated as if they were solely for activities outside of the District. 3. Five Year Limitation on Commitment of Tax Increments. Tax increments derived from the District shall be deemed to have satisfied the 75 percent test set ti:Jrth in paragraph (2) above only if the five year rule set fOlth in M.S.. See/ion 469 J 763, Subd 3, has been satisfied; and beginning with the sixth year following certification of the District, 75 percent of said tax increments that remai n after expenditures permitted under said five year rule must be used only to pay previously committed expend itures or credit enhanced bonds as more fully set fOlth in M. 5'. , Section 469.1763. Subd. 5. 4. RedeveloDment District. At least 90 percent of the revenues derived f,'om tax increment tJ'om a redevelopment district must be used to finance the cost of correcting conditions that allow designation of redevelopment and renewal and renovation districts under MS., Section 469.176 5,'ubd. 4;'. These costs include, but are not limited to, acquiring properties containing structurally substandard buildings or improvements or hazardous substances. pollution, or contaminants, acquiring adjacent parcels necessary to provide a site of sufficient size to permit development, demolition and rehabilitation of structures, clearing of the land, the removal of hazardous substances or remediation necessary for development of the land. and installation of utilities, roads, sidewalks, and parking facilities t~)r the site. The allocated administrative expenses of the HRA or City. including the cost of preparation ofthe development action response plan, Illay be included in the qualifying costs. Subsection 2-27. Summary The Monticello Housing and Redevelopment Authority is establishing the District to preserve and enhance the tax base. redevelop substandard areas, and provide employment oppOltunities in the City. The TIF Plan for the District was prepared by Ehlers & Associates. Inc., 3060 Centre Pointe Drive, Roseville. Minnesota 55 J 13, telephone (65l) 697-8500. Monticello I-lousing and Rech:vcloplnCIl( AUlhority T~I.\: Increment Financing Plan for Tax Increment Financing: District No. ] -,)3 2"1'1 . APPENDIX A PROJECT DESCRIPTION TIF District No. 1-35 is a redevelopment district. The parcels are currently located in TIF 1-22 and will be decerti lied. A local developer is propos ing to build I ] ,000 s. f. of commercial space consisting of a restaurant, office and other uses. The value of the new development is estimated to be $70 per s.f. plus land costs of approximately $230,000 for an esimated value of $1,000,000. The building wi II be completed in 2006 and the assistance of land acquisition, public improvements, site preparation, streets and sidewalks and utility costs will be funded on a pay-as-you-go basis at a rate of6.5% . . APPENDIX A-I . . . APPENDIX APPENDIX B MAPS OF CENTRAL MONTICELLO REDEVELOPMENT PROJECT NO. I AND TAX INC REMENT FINANCING DISTRICT NO. 1-35 13-1 · I I ! 1 I -, ./ -- ---I ~--~- - - ~i . -I z- o "l'I , 0 ~~ (/I -. a ~ (- 17 ~ n;t ~ )0( ~ 0 5" - ~ n :::; -< ;; C:J ~(j ~ :5 _ 0 ~ ~ LJ ~ Z "'Tl 8 ~ ~;j ~' ~ Z>ff zo ~ ~ S' ~~ '"d::lO ~::~oo o 0 -. ~'7.z !a. ~ tr'J:3 i=i' ~ (j n - n ""'3 ~ z 00 t'!'j Z t"'" ? o~ ?5t: ~o..... CJt . <Q '1..... "I"" . . " ~~ ..... Q .!i,~ :II :3 Q~ g ~1lI0: .- ~;;;; = ....ii...c ;.,g ~ ~ CClC. '- ::0 Cl l;- ~~:illl: ~<l.J'35 eD':'Cu 1lI.s!_- ....liiQ-& ~... -- it ~ '"'":E ~~ ~~ Colli ~r.J 'E~ Q/~ E . III C ..:z g't ...'C Jr;:1ii ~Q "1Sl Cll c "'- o (J Q.s: o ICI ... t: El..- U. . . ~ . APPENDIX C DESCRIPTION OF PROPERTY TO BE INCLUDED IN THE DISTRICT The District encompasses all property and adjacent rights-oC-way and abutting roadways identified by the parcels listed below. Parcel Numbers* Address Owner 155~010-036011** 212 Locust Street Barry Fluth 155-010-036010** 225 3rd Street West Master's Fifth Avenue Inc. 155-0 10-036030** 213 3rd Street West Barry Fluth *These parcels will be combined via an administrative lot combination by the City of Monticello. The lot combination will be done after the public hearing, but prior to the request for certification. **Thesc parcels are "Knocked Down" parcels that are being removed from Tax Increment Financing District No. 1-22 to be included in Tax Increment Financing District No. 1-35. . AI. ., APPENDIX Cool . APPENDIX D ESTIMATED CASH FLOW FOR THE DISTRICT . . APPENDIX D-I . . . 8/30/2005 . ~.I,iL~R~ Page 1 of 2 Barry Fluth CITY OF MONTICELLO - Landmark Square" 11,000 sqlft Commercial Space - TIF District 1.:1; !<:fdJJ \!in District Type Oistrict Number Inflation Rate - Every Year Pay-As-You-Go Interest Rate Note Issued Dale (Pre5enl Value Date) Local TCl)( Rate - Maximum Fis~1 Disparities Ejection (A-inside or B-outside) Year District was !::er1ified Assumes Firsllax Incr~ment For Dislrict Year DiSltll;t '-VaS modified Devslopmenllocated in modified afl!lCi Assumes First Tax Increment for Project Yeats ofTax Increment Assumes last Year ofTax Increment , ',A1j1j$!I:F"'mil!!'fFLOWIIII$SUMIlIllll\lNS'iljiljjjj" New R~development District 1-35 0.0000% 6.5000% Fiscal Disparities RatiO Fiscal Disparities Metro VVlde Tax Rate Local T ax Rat!:! - Currenl State Wide Property 'tel( Rate (used for lotal texes) Market Value Tax Rate (used tor to1al taxes) Comme~jaJ Industrial Class Rate First 150,000 Over 150,000 Rental Class Rate Residental CIClss Rate First .500,000 AI))I)!:)1 01-A"9.0G 122.11001l/D Pay 2005 NIA Pay 2006 2008 NIA No 2008 2G 2033 0.0000% 0.0000% 1 n.11 00% Pay 2005 ~1.121 O'~. Pay 2005 0.0544""', ray 2005 1,50%-2,00% 1.50% 2,00% 1,25% 1.00%-1.25% 1.00% Property land Building Total Class Base After Conversion Date M.Elp ID Plb Owner" M::lrket Value Market Value ~arket V~lue ,~ate ,Tax Capacity" Conversion Tax c:;a,pacity Payable 1-'~5S-010-0366~ -!:l~I(yFI\,lt1- -. 35]OO--------a1~206- 116,200"~cill_1,~5% .. ~ "-1.50~Ar2.00~1,74~- ""2006 . 2 155-010.,036010 M35tfl(~FiIII,A~cln' 35,000 84,100 119,100 1.00%-1.25% 1,191 1.50%.2.00% 1,787 200fj 3 155-010-036030 _~~Y..~~ 31,000 88,200 119,200 1.00"/,,-1,25% 1,192 1,50%.2,00% 1.788 2006 -totals '-- ':.~~, ..._..,~,,'-===-~==='~:'===, - 354,.'_5'00 ,.....-====,:",.. 3,~45' ~-===-.. 5,318. ,.~..,- Total Market VaJui:! Taxes F'er Total Market Dato ~~~~~.,~._9~' Ft.lUfli,~~_~.q. Ft./Unjts~,~~~,,_~~,._.Value ",_~",,~q~P~.~,~_structe~,~,I,~ 1 Commercial 11,000 9091 $3.05 33,890 1,OOO,(lOO 1,50%-2.00% 19,250 2006 2008 .mT""L----::---====-~--===---==-__===___===_~33,8ao ., .... 1,000'ID00_~"- 1a,2~,0~--=:-~ NQre~ 1. 'T~x l:!stirnate~ are oitsed on $770.000 of building ,narket vl;ltUriJ and $Z::W.OOO of l~n.t.i rtlark~t vLllue. 2. TlF rUI1 3!;15Ur'nes 100% ot the D".dld1tlg is COnstn.lI;:t(:{j by J.anl.wry Z, :W07 'f2r' pa.y:abl~ 200B, Total Local Fiscal Local Fiscal State-wide Fiscal Us. T., T., Disparities To< Di:!iparities Prop@rty Locill Di!;iparitil9s Propi:!rty Value Total Ca.~,,~~p"~ __ Tax C~p~cit .~",.-----.!.~.~~,... Tax Rate Taxes Taxi:!s .~,~_,~~es TU@ls Commercial 19,250 ,,_ 19,250"__~_, 1.22110 0,00000 ~r 23,SOs---- ---.,----- M41 544 33,890 TOTAL _ 19,2~,...~2"~~.,. ~u:iiio , 0'0!l000' ,_ 0.511 ~1. - 23,50G -~--9,841.. - 5~4 - 3~,8aO- Note: 1, Monticello aot1S 1101 !:tjiy Fiscal tii~pariM~i. prep;lred by I;;hlers &. A~ociates, lilt;. Proliminary: r!;Jr Di6cu!l;~iDn Purpo!le.$ ONLy lllndmark 8/30/2005 Page 2 of 2 . " HI~F,~~ CITY OF MONllCELLO. LANDMARK SQUARE II , TAXJNCREIllENrOAllfl'A;! Base F'r'oj~ct Fiscal Captu~d Semi-Annual State Aamin. Semi.Annual Semi-Annual PAYMENT DATE PERIOD BEGINNING Tax Tax Disparities Tax Gross Tax Auditor .t Net lax Present PERIOD ENDING Yrs. Mth. Yr, Ca,pilE..i!i_ Capacity R@duction Capacity Increment 0.36% 10.00'% .~_.~.,,}~~!_~l!Ient Value Yrs, Mth. Yr. 0,0 02-01 2006 5,318 5,318 0.0 08-01 2006 0.0 08-01 2006 5,318 5.318 0 Pre50entValue Da~e. 8..01"06 0 0 0 0 0.0 02-01 2007 0.0 02-01 2007 5,318 5.318 0 0 0 0 0 0 0 0.0 OB-Ol 2007 2007 5,318 5.318 0 0 0 0 0 0 0 2008 ~;318 19,250 0 13.933 8.006 (31) (848) 7.628 6,712 08-01 2008 5,318 19,250 0 13,933 6,506 (31) (848) 7.628 13.213 1.0 02-01 2009 5.318 19,250 0 13.933 M06 (31) (848) 7,628 19.509 15 08-01 2009 1.5 08..01 2009 5.318 19,250 0 13.933 6.506 (311 (848) 7.628 25.608 20 02-01 2010 2.0 01-01 2010 5,318 19,200 0 13.933 8.506 (31) (848) 7.628 31,514 2.5 08-01 2010 2.5 08-01 2010 5,318 19,250 0 13.933 B,506 (31) (848) 7.628 37.234 3.0 02-01 2011 3.0 02-01 ;2011 5,318 19,250 0 13,933 8,506 (31) (848) 7.626 42.774 3.5 08-01 2011 3.5 08-01 2011 5,318 19.250 0 13,933 8.506 (31) (846) 7.628 48.140 4.0 02,01 7012 4.0 02-01 2012 5,318 19,250 0 13,933 8,506 131) (848) 7,628 53.337 4.5 08-01 2012 4.5 08-01 2012 5.318 19.250 0 13,933 8,506 (31) (848) 7.628 58,370 5.0 02.01 2013 5,0 02-01 2013 5.318 19,250 0 13,933 8,506 (31) (848) 7,628 63,245 5.b OB-01 2013 5.5 08-01 2013 5.318 19.250 0 13.933 8.506 (31) (B48) 7.628 67,967 00 02-01 2014 6,0 02-01 2014 5,318 19.250 0 13,933 R,506 (311 (848) 7.628 72.539 65 08-01 2014 0,5 08-01 2014 5.318 19,250 0 13.933 MOS (31) (84B) 7.628 76,968 10 02-01 2015 7.0 02-01 2015 5.318 19,250 0 13.933 8.506 (31) (848) 7.628 81,258 7.5 08-01 2015 70 08.01 2015 5.318 19,250 0 13.933 R,006 (311 (848) 7.628 85.411 8.0 02-01 10'6 80 02-01 2016 5,318 19.250 0 13.933 B,506 (31) (848) 7.628 89,436 8.5 08-01 1016 8.5 08-01 2016 5,318 19,250 0 13.933 $,500 (31) (848) 7.628 93.33:\ 9.0 02-01 2017 9.0 07.-01 2017 5,318 19.250 0 13,933 8,506 (31) (848) 7.628 97,107 9.5 08-01 2017 9.5 08-01 2017 5,318 19.250 0 13.933 8.506 (31) (848) 7.628 100,763 10.0 02-01 2018 10.0 02-01 2018 5,318 18 ,250 0 13.933 8.506 (31) (848) 7M8 104.304 10.5 08-01 1018 10.5 08-01 2018 5,318 19,250 0 13.933 8.506 (31) (848) 7.626 107,733 110 02-01 2019 11.0 02-01 2019 5,318 19.250 0 13,933 8.506 (31) (B46) 7.628 111.054 115 Oa.Ol 2019 11.5 08-01 2019 5.318 19.250 0 13,933 8,506 (31) (848) 7.628 "4.270 '20 02-01 2020 120 02-01 2020 5.318 19.250 0 13,933 8,506 (31) (848) 7.628 117,386 12.5 08-01 2020 126 Oa.Ol 2020 5,318 19,250 0 13.933 6,006 (31) (848) 7.628 120.403 13.0 02-01 202' 13.0 02-01 1021 5.316 19,2tJO 0 13,933 8,506 (31) (848) 7,62S 123.325 13.5 08.01 2021 13.5 08-01 2021 5.318 19.250 0 13,933 8,506 (01) (848) 7,628 126.156 14,0 02-01 2022 14.0 02-01 2022 5.318 19.250 0 13,933 8.506 (31) (B48) 7.628 128.897 14.5 08-01 7021 14.6 08-01 2022 5.318 19)50 0 13,!il33 8,506 (31) (848) 7.628 131,552 15.0 02-01 2023 15.U 07-01 2023 5.318 19,200 0 13,933 8,506 (31) (848) 7,628 134,123 15.5 08-01 2023 15.5 O/:l-(J1 2073 5.318 19,100 0 13,93~ 8,506 (31) (848) 7,628 136,613 16.0 02-0' 2024 . 16.0 02-01 2024 5.318 19.250 0 13,93::3 8,506 (31) (848) 7,628 139.026 16.5 08-01 2024 16.5 08-01 2024 5,318 19,250 0 13,933 8,506 (31) (846) 7,628 141,362 17.0 07-01 2025 17.0 02-01 2025 5,318 19,250 0 13,933 8,506 (31) (848) 7,628 143,624 17.5 08.01 2020 17.5 08-01 2025 5,318 19.250 0 13.933 8,506 (31) (848) 7,628 145.816 18.0 07-01 2026 18.0 02-01 2026 5,318 19,250 0 13.933 8,506 (311 (848) 7.628 147,938 165 08-01 2026 180 08.01 2026 5,318 19,250 0 13.933 8.506 (311 (848) 7.628 149,994 19.0 02-01 2027 190 02.01 2027 5,318 19,250 0 13.933 8.506 (31) (848) 7.628 151,984 195 08-01 2027 19.5 08-01 202/ 5,318 19,.2~0 0 13,933 8,506 (31) (848) 7,62B 153,913 20.0 02-01 2028 20.0 02-01 2078 5,318 19.250 0 13,933 8,506 (31) (848) 7.62B 155,780 20.5 08-01 2028 20.5 08-01 2028 5,318 19.250 0 13.933 8.506 (31) (84B) 7.62B 157.589 210 02.01 1029 21.0 02-01 2029 5.318 19.250 0 13.933 8,506 (31) (848) 7.628 159.341 21.5 08-01 2029 21.5 08..01 2029 5,318 19,250 0 13,933 8,506 (31) (848) 7.628 161.037 22.0 02-01 2030 220 02-01 2030 5,318 19,250 0 13,933 8,506 (31) (84B) 7.628 162.681 226 08-01 2030 225 08-01 2030 5,318 19,250 0 13.933 8,506 (31) (848) 7,628 164,272 23.0 02-01 2031 23.0 02-01 '7,031 5,318 19,250 0 13,933 8,506 (31) (848) 7.628 165,814 23.5 08-01 2031 23.5 08-01 2031 5,318 19,250 0 13,933 8.506 (31) (846) 7,628 167,306 24.0 02-01 2032 24.0 02-01 2032 5,318 19.250 0 13.933 8.506 (31) (848) 7,628 168,752 24.5 08.01 2032 24.5 08-01 2032 5.318 19.250 0 13.933 8.506 (31) (848) 7,628 170,153 200 02-01 2033 25.0 02-01 2033 5.318 19.250 0 13.933 8,506 (31) (84B) 7,628 171.509 25.5 08-01 1033 ,-1E_? 0801 2033 5,318 19,250 0 13.933 M06 ,___.G1L 848 7,628 172,823 2.6, O____~.Q_c__ 2034 Totl;lls. . __44~}li~ (1592) (44.074) 3~6.670 frl!;.~.e:~'t 'V~-Iue D~te .- a~01 NOS 19~,~~t._ . (694) (19.203) 172:823_--:. Note: 1. Sw.~(1 j~t.:ditor payme!'!t i:5 b~~~d or! 1:;t h<11~'. pay 2005 dew",l ;Hllj rrl<'lY i(\i.fO,~Si.! OVCf IN!Yl 01 (1i~;lri~t, ]. j.\~~UfrW~ ~1(jve:lopmen1 is constructed il~ 2006, OlSSCS5Cd in 2007 .:1nd fit'st incrcm(!'nt is paid \n lOO.!L <, /.hr:<'ii.mt of inCt1:"llwnt will V<lfY d(lrct~dil~g llpcm nwrk~t VJluc, Wx rJt(?:~, cl<ls.!j nHe50, C:0r\!j.Ht..li~tjQn ?;jc:h(~dul~! :,md mflatiol"l or"! n'l...If'ke-l value. 4, )1'IfliltiaJ: em tRx r.atf!:!;;. cannot be capt~lre(I., TAX RATES COULD DECLINE ;). TIt: ~jO~5 not capture statr. wide property ta)(f.;!j. or market v,1lue propel1y taxes, c. IF INFl.A TIONARY TIF IS REG~'.IVCO IN 2007. THe FINAl.. INCREMeNT WIU. BE 2/1133. HilI' Ti\\ hl("'l'llll'lll i~ ClkubUu ,.. TI)IIII rl'UI~r.::I'l,\' Tit\r.::.\ H,WW Current Market Value - Est 354,500 le.\s Stale TlI~ -9)1-11 N~w M;1rk~1 Vj'Jlue ' U"t --~ lc~~ Markel VlIllIe TIt, -,-t-t Dilfere/lce ~ Ii'~.~ E,\j~lilIU T.I\t.'~ .;.!!.,.:!2.J. E~til11ah: Present Value of Tax Increment , ,"__.!D~!g AnllUlI! Tlt~ IlIcreln,-"t FilllllH:ill~ 17.1113 les~ 1I11~' llllmin, Fe'-~ t)II1~I'!,~fI{;t'! ~ V,lhJ(~ lik~1 It:! Ot:tLJ( Wihoul T a~ Increment IS Less Than 446,518 . Prepared by Ehlers & Assoctate!., Inc. Preliminary: For Discussion Purpo$tls ONLY L.mdm;;trk . APPENDIX E MINNESOTA BUSINESS ASSISTANCE FORM (MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT) . . APPENDIX E-I . . . ~. OOp""'..nl" fmplDyment g SI v In i;;]'o[;; - Please fill in date agl"eemcnt signed (same as qucstion 21) Minnesota Business Assistance Form · Thc Minn~sota Business Assistancc Fonn (MI3AF) is used to rcport cach business subsidy (including Job Opp0l1unity 70ne (.10137) tax exemptions/credit) and Ilnancial assistance agreemcnt signed from AUf!ust /, /999 throueh December 3/. 2()()4unlcss goals have becn achievcd and reported on a MRAF per Minn. Stat. 9116.1.993 to ~ 116.1.995. · Businesscs recciving .I0RZone Rencllts must report through 2015 ev~n ifgoals havc been achicved. · The lollowing government agencics must submit a MBAF: I) any local government/agency that signed a business subsidy agrccment sincc .1anunl}' L 1999. or rcprescnts a population of more than 2,500: 2) all state govcll1mcnt agcncies authorized to provide business subsidics. · DEED will contact any local or state government agency that is rcquircd to rcport but has not done so by April 1. Rusincss assistance may not be awarded alter June I of each y~ar until a report h'L5 been submitted. · ()ucstions'! Call (651) 296-0580. Information on where to mail or lax your completed MBAr(s) is on pagc 5. An online vcrsion of this I<JrIn is available at www.deed.statc.mn.us/Comlllunity/subsidicslMRAFFonll.htm Scction I: (Graotor 'nfol"ll1ation) I. Name of grantor U\mding entity) 2. Name of person completing this f(JrI1l .1. Strcet addrcss 4. City 5. Zip Code-- 6Cmm'y ===r=,""mb" 8 Fa""mb" 9. 'om,,, odd,,>; 10. Pleasc indicate w'ho in your organization should rcceivc the MBAF if dilkrent from the person in O'uestion 2. --"'--'.-.- --"'_'"_n,,_ Name/Titlc --'~'~-~ -"_..~."--~'.'._"'- .-.'-".--.".- --,.-.,.- Phone number Street address City Zip Codc II. Cla5sillcation 0'1' gmnlor (1lIark one. I/granlor is emily crl'a,;;;;- by gov 'I ogl'nc)'. pleasl' indicale (!/Jilialion. For exampll', a cizv Ef);! wOllld chl'ck "CiIV goverl1ml'l1l. ") 12. Has your organization held a public hearing on and adopted critcria f(lr awarding busincss subsidies in compliance with Minn. Stal. !i 11 (,.1.994'.' (Mark ol1e) o City government o Yes, in 2005 (attach CJ"itcl"ia) DYes. in 2005 but have not yet adoptcd critcria CJ Y cs, prior to 2005 o County govcrnment o Regional governmcnt If Yes. Hearing Datc: Year Criteria Submitted: o State government o No o Other (Please specify) 0 Other (1'leasl' allach I'xplanalion) 13. I-Ias your organization signcd ,lilY agrccments to award a business subsidy or IInancial assistance from August I, 1999 through Deecmbcr 31. 2004 unless goals havc been achicved and rcported in a previously IIled MRAF'! (Mark 0111'.) -. o Ycs (Compll'te Ihl' remail1der oflheformlll1ll'ss goals have bl'l'n achil'ved and reported in a previouslv filed MB;!F per Mil1l'/. .'i'lal gl 16./993 and ,\\'//6), 994.) o No(~o{) hq!;" go 10 section 5 011 pagl' 4.) Scction 2: Red licnt Information 14. Name ofbusilless or orgnnization receiving subsidy or financial assistance 15, Address where busincss subsidy or IInanciaJ assistance wi II bc used -'_.._."._-"'-_.,.,-,~~,.,-".,'~"._".- Strect address City Stale ZIP Code I (J. Does the rccipient have a parent corporation') (Mark 0111') o Yes (/l1dicIIII' naml' and addrl'SS oj'parem corporalion be/ow. I/morl' Ihan one, indicall' IIllimall' Oll'l1er.) o No -'-'-- '_.'---'~',,-,-_.,,-~,,- N ame---'2L.rar~n t.~2@!i:~. -~',-"-"~,,- ~'-"~-- -"-'- Strcet address Cily State ZIP Code -- Minnesota lluslIless Asslstanc" Form (02/(J 1!(5) I''lge I of 5 Depe of Employment and EconomiC Development . . . 17. Industry ofr~cipienfs facility (Mark one.); D Manufacturing D Services D Finance, Insurance. Real Estate D Retail Trade D Wholesale Trade D Constnletion 18. Did the recipient relocate as a result of signing this agreem~nt') (Mark one.) D Other (please specifj,) DYes (Indicate citv and state ojprevious address and reason recipient did not complete this project at that address.) Reason project not completed at previous address D No (Go to ()uestion 19.) 19. What would recipient have done without business subsidy or tlnaneial assistance? (ivlark one): D Remain at previous location, hut not expand D Relllain at previous location but expand D Relocate to ditlerent Minnesota location D Rclocated outside Minnesota D Other__.. City/State of previous address '''~ ~n 3; Al!;reem!:.nt Inlhrmation ..'" 2D Total dollar value of business subsidy or financial assistance (Please separate value by Iype in Questions 24 and 2:';.) (Entel' zern for JOBZ, Biozone and Al!;zone pro.ieets.) 21. Date agreement signed (In addition to the agreement date. indicate an\-' dates the agreement was amended) ~jlelit date (lnJicate the dOle the r~cipiel1l receives the business subsidv or improvel71el1ls werefil~ished, equipment wal'p/aced into service, or the reCljJiel1l occupied the property, whichev{'l" is earlier,) 23. Docs the agreemel;t provide a husiness subsidy or one of the fuur types of Jillancial assistance (see Question 25) required to be reported') (Mark one.) n D husiness subsidy 24. If the agreement provided a business subsidy, please indicut~ the type(s) and tutal dollar value for each type. D not applicable, agreement provided financial assistance D loan (only principal) D grant (i.c., J(>rgivable loan) D tax abatenlent D TIf or other tax reduction or deklTal D guarantee or payment D contribution of property or inJi'astruelure CJ prclerentialuse of governmental filcilities D land contribution o Biozone D .I0BZ (state tax exemptions/credits and sales tax) o .I013Z - Ag70ne D other (Specify subsidy type,) $ $- $- $- $- $ $- $ $~ $.-.JL $~ $_.,,--_-."~ (Note; no dol.'ar value j()r zone projects) 26. I I' the assistanc~ included tax incr~ment financing, please indicate the type 01''1'1 F district') ('\-Iark one,) D not applicable, assistanc~ was not in the Jonn ofTlF D redevelopment o renewal and renovation o soils condition D economic d~vclopmcnt o mined underground space D hwardous substance subdistrict Minnesota 1l~ISIIlCSS Assistance Form (02101105) D linancial assistance --. 25. I f the assistance was one oflhe Iflllr types of linancial assistance, please indicate the type(s), D not applicable, agreement provided a business subsidy D assistance Jor property by contaminants D assistance for renovating building stock or bringing it up to code, and assistance provided fill' designated historic preservation districts, when 50 percent or less of total cost D assistance for pollution control or abatement D assistance for a TIF soils condition district $ $__..." $~--- $_-. - "-- 27. Are any other gmntors providing a business suhsidy or Jinancial assistance to the same project? (Mark one.) DYes (Specify each grantor and the value of their assis/ance below; allach an additional sheet i[necessary. Grantor Value ($) Gmntor Value ($) DNo Puge20fS Depl. of Employment and Ecollomic Development . . . Section ,IZ: ,IOZ Information Complele Questions 28-] 1 ifthe IInancial assistance W,l~ awarded to a .10HZ qualiHed business recipient receiving 10BZ benefits. (ffnot. go directly to Question 32.) JZ I. Whal was thc alllount ol'private capital investlnent of the business in thc 10HZ zone priOrlo December 31, 20047 Real (land and buildings) $-..--."- $ Pcrsonal (equipment) JZ2. What was the property tax assessment which was not collected tor the property where the JOAZ qualified business was operating during the period of January 1, 2004 and December 31, 20047 (Please specijJJ each additional parcel identification numher and the vlllue o/the propertv tax assessment that )lias not collected during the period a/January I. 20(}4 and Decemher 31, 201M: attach an additional sheet ifnecessarv obtain in/ormation/rom county ((n assessor's office.) $-- till' l'arcelldcntiHcation Number: JZ3. What was the valuc of Wind Energy Production Tax, if any, for the 10B7 qualified husiness that was operating during thc period of Jannary J, 2004 and December 31" 2004~ $--.-- Section 4: Goals and Public Purpose Identilied in the Agreement 28. Minn_ Slat. 9116.1.994 requin:s that business subsidy and financial assistance agreelllents slate a public pUl-pose. Which ol'the ti)lIowing public purposes were slated in the agl1::emenl') (ivlark all that app(v) o Enhancing economic diversity o Creating high-quality job growth o Job retention o Stahilizing the cOll)lllunity o Increasing tax base (cannot be only purpose) o Other (please ;pecifj:) _"__'___,,_,___.__._ ,._~"~._.. " 29. Indicate whether the agreement included the IlJllowing types of goals. and whether the recipient had anained those goals at the time of this report. (Fill in the boxes and attainment date(s) fiJr ellch goal.) A) Specific wage and job goals lo he attained within 2 years Goals Target attainnlCnt All goals established'! dates (month & year) altained'l DYes DNo ._--'._.,~..- DYes DNo DYes DNo -.."".-.'..-.,...- DYes DNo DYes DNo -'.-'-.--,- DYes DNo DYes DNo -.".--"'- DYes DNo B) Otherjob-ereation and/or rclention goals C) Other wage goals D) Goals other than wage and job goals (Please '!!.!!!E.!description o/goa/.\' and /)f:ogre.\'.~ toward attainment (if'not docllmef?!ed in Ouestion.\' 30 and 31.) _ 30. For each of the following wage categories_ indicate the job ereation and/or retention goals stated in the agreement and the average hourly value of any employer-provided health insurance goals for those jobs. (Qn/v indicate job creal ion goals in/iii/-time equivalents if yo 11 are unable to separate goals hI! fiil/- and part-time positions.) HourI)' Wage (excluding benefit.s) Full-time .Job Creation .Iob Retention 1I0ud~' Value of Hcalth Insurance Part-timel Seasunalrremp. .Ioh Creation liTE (onlv if unable to stllted as FT/PT) .lob Creation no hourly wage-level goal $----- $-- less than $7.00 $7.00 to $8.99 $- $900 to $10.99 $- $1 LOO to $]2.'.19 $ $1300 to $14.'.19 $J5.00 and higher $-.- $ MlIlnesow BUSiness Assistance Forlll 10210 1I0S) Page 3 ofS Dep1. of Employment and Econollllc Development 31. For each or the tollowing wage categories. indicate the numher of actual jobs crt:ated and/or retained since tht: beneHt date and the actual hourly valut: of any t:J11ployer.provided health insurance ror those jobs. (QlJlv indicare job creation infitll-lime equivalents if you (Ire unahle lu separalejoh crealion intufitll- and pari-time posiliol1s.) . Full-time Pal"t-timel FTE (onlv if unable to Hourly Wage Job Seasonalffcmp. stated as FT/PT) Hourly Value of (excluding benefits) Creation Job C."cation ,Job Creation ,Job Retention Health Insurancc less than $7.00 -..,.- _.,- -,~.'~,~ $-.- $7.00 to $8.99 ---"~-- --'~ ~,..- .,.~'- $ _..,-- $9.00 to $10.99 _.- _..,-~^. $ --,',.~- -- __0,'- $11.00 to $12.99 -",,-- -,...-,.,- -".-'. -.".-- $ -"'., $13.00 to $14.99 -.."".- -..-- -.,.--,," ~.,- $ ~~,..- $15.00 and higher _...."" _..--- -".,,- -..-'-' $-- 32. Has th~--;:eeipient aehiev"~d all go.als'(see ()lIestion 33. 34 and 35) and r~i1lllled all obligations stipulated in the agrt:ement (Mark one.) DYes ONo -. Section 5: Recipients Failing to Fultill Obligations (Do nul com )Iere Ihis section ({vou completed il on anulher MHAF suhmilled to DEED.) . ...-" 33. During the period January J. 2004 through December 31. 2004. did your organization have any recipients who failed to report as required by Minn. Stat. ~116J.993 and ~11(jJ.994') (Mark one.) DYes (lndicOfe 1171' nome ofeoch recipienljailing 10 rl'porl and 1171' value ofsuhsidv orfinol1cial assistance awarded 10 Ihal recipiei1l. Allach additional pages i/necessarv.) ~".--,---~,-",,-",.,-",_.- Type ofsubsidy or assistanct: (See Queslions 2-1 0{ 25.) y'{i'lllC of s-ubsidy ur "assistance . Name or recipient ONo ---" 34. Did your organiziltion have any recipients who failed to achieve any goals or fiilnll any other obligations under an agreement signed on or aller January L 20(>4- that were relJuired to bt: fulfilled by the time orthis report') (Mark one.) DYes (('omplere the remainder (i/lhis section.) o No (Stop here and submit rOml to DEED) For lJuestions 35-39: Provide the following information Illr each recipient Ihiling to rulnll goals or any other terms of an agreement that were to be attained bv tht: time orreportin~. (Aaach addilional pages i/'l1('cessarv.) 35. InfoJ1nalion on recipient and agreement: _._.---,,~,-_.--""'-- Name orn:cipient in default -"--,-,.._,--,_..,,- Type of subsidy or assistanct: -_._-,',.--~,'~- Initial vulue ofsubsidy or assistance -""~-",._._,,,~.--",,-- Street address of recipient ~"'~,.'---".~-""-- City/Zip code of recipient Outstanding value of subsidy or assistance 36. Reason(s) 1'01' deraolt (Mark alllhat applv): o recipient ceased operation o recipient relocated to a ditferent community o recipient was unable to fill vacant positions o other (Specify reason.) --"'"-'---"~-'_.~._~~ . Minnesota BUSiness Assistnncc Form (02/01105) Page 4 ofS Dept. of Employment and Economic Development . . - .., 37, To date, ha5 the recipient tiilt1Iled its repayment obligation') (Iv/ark one,) DYes D No, recipient has begun to repay the ,l~sistance_ D No, recipient has not begun to repay the assistance_ 3lL lias the agreement been amended to extcnd the recipient's deadline for fulf1lling its obligations') (Mark one,) DYes DNo 39, Describe the steps being taken to bring recipicnt into cornpliance or recoup the suhsidy: --- Return your completed MBAF(s) by April J. 2005 EITHER Mail To: Minnesota Business Assistance Report Minnesota Department of Employment and Economic Development ,- Analysis and Evaluation 1'1 National Bank Building 332 Minnesota Street, Suite E200 St. Paul, Minnesota 55101-1351 OR Fax To: (651)215-3841 (Next year, please use the online version of this form. It can be found at www.deed.state.mn.us/Community/subsidies/MBAFForm.htm .) Minnesota lluslI1css ASslstancc Form (02/Oi/05) Page S ofS Dcpt. of Employment and Economic Development . APPENDIX F REDEVELOPMENT QUALIFICATIONS FOR THE DISTRICT To be added to prior to the public hearing . . APPENDIX F-] . APPENDIX G BUT/FOR QUALIFICATIONS Current Market Value - Est. New Market Value - Est. Difference Present Value of Tax Increment Difference Value Likely to Occur Without Tax Increment is Less Than: 354,500 1,000,000 645,500 198,982 446,518 446,518 . . APPENDIX (;-1 . . . Planning Commission Agenda - 09!O6/05 9. Public "carine:: Consideration of a request for a Preliminary Plat and Conditional Use Permit for a Concept Stae:e and Development Sta2e PUD to allow multiole buildine:s and uses with ioint parkine: and drives in the 1-2 Zonine: District. Applicant: Blue ChiD Development. (NAC) REFERENCE AND BACKGROUND Blue Chip Development is requesting a preliminary plat and conditional use permit for a Concept Stage and Development Stage pun to construct a 25,000 square foot industrial building on a vacant lot adjacent to an existing industrial development located south of Dundas Road in the Oakwood Industrial Park. The applicant is requesting a Planned Unit Development (PUD) and a conditional use permit (CUP) in order to allow for shared parking and drives between the existing and new industrial huildings located on the site. The preliminary plat request will alter the current lot line splitti ng the property into two parcels into three parcels. Comprehensive Plan. The Comprehensive Plan designates this area for future industrial uses, consistent with the proposed PUD. Zoning. The subject site is zoned 1-2, Heavy Industrial District. The proposed use of the new building has not been disclosed and as a condition of approval, must be compliant with the permitted uses outlined in Section 16-2 of the Zoning Ordinance. Performance Standards. The proposed development is expected to meet the general standards oi'the 1-2 District as well as a list of more detailed requirements specific to the PUD as detailed in Section 20-2 of the Zoning Ordinance. Being that the development is proposed to be a PUD, the expectation is that there will be higher standards of site and building design, the preservation and enhancement of desirable site characteristics (i.e., natural topography) and a more desirable development than would normally be possible through the strict application of the City's zoning and subdivision regulations. The following is a description of the requirements and the proposed developments' compliance as well as general site design comments and recommendations. Sethacks: The proposed setbacks arc consistent with the existing setbacks ofthe adjacent properties and are compatible with the general design criteria of the 1-2 District. ParkinK. The applicant is proposing the addition of 58 parking stalls and is requesting a CUP to allow for shared parking between the new and exiting buildings. The applicant is proposing a 5,000 square foot future addition to the new building, which would require a total of 68 parking stalls for the new building. The following shows the required parking per building base on regulations outlined in Section 3- 5.Jl.24 of the Zoning Ordinance. Planning Commission Agenda - 09/06/05 . Existing Ruilding (Parcel A) = \5, \88 sq. ft./500 + 8 = 38 stalls Existing l3uilding (Parcel B) = 12,000 sq. ft./500 + 8 = 24 stalls New Building (Parcel C) = 30,000 sq. f1:.(at full build-out)/500 + 8 = 68 stalls The proposed plan shows a total of 125 parking stalls, while a total of 130 stalls are needed per the parking requirements for industrial uses. The City allows joint parking upon approval of a conditional use permit, subject to the following conditions: I. Thc building or use for which the application is being made to utilize the off- street parking facilities provided by another building or use shall be located within three hundred (300) feet of such parking facilities. 2. The applicant shall show there is no substantial cont1ict in the principal operating hours of the two (2) buildings or uses f()r which joint use of off- street parking facilities is proposed. 3. A properly drawn legal instrument executed by the parties concerned for joint use of off-street parking facilities, duly approved as to form and manner of execution by the City Attorney, shall be filed with the City Administrator and reeoded with the County Recorder, Wright County. . Comment: The parkingfacilities proposed to be ::ihared by the existing and new buildinRs are located yvithin 300feet (~lone another. As a condition olapproval, the applicant shall provide proof'thatthere will be no substantial conflict in the operating hours (?f'the buildings who are proposing to share parkinglacilities. Additionally, as a condition olapproval all parties involved in thejoint parkin;; agreement shall execute a contract approved by the ('ity Attorney andfiled with the County Recorder. Stall has some concerns with the proposed parking lot design for the parking located in front of the new building. As there is only one ingress/egress location to this lot and no parking islands or medians, circulation and tral11c flow may prove to be an issue. We recommend that thc applicant address this issue and propose an altcrnate parking lot configuration that would provide better circulation and drainage, subject to City staff review and approval. Access/C'irculation: The subject site will have two ingress/egress access points off of Dundas Road to thc north ofthc site. The proposed new building will use a shared central driveway extending south from Dundas Road between the existing buildings. . Landscaping/Screening. The applicant has submitted landscape details, however the design is somewhat sparse in areas and does not meet the higher standards which are characteristic of a PUD development. It is expected that the landscape plan will 2 Planning Commission Agenda - 09/06/05 . exceed the minimum standards set forth in the Zoning Ordinance for the 1-2 District. Section 3-2.G".3(b) states that industrial developments shall have at a minimum, the greater of one tree per 1,000 square feet of gross building floor area or one tree per 50 linea] feet of site perimeter. Using this standard, the subject site must have at a minimum 57 over-story or major trees (30,000 sq. ft. + ]5,]88 sq. ft. + ]2,000 sq. 11./] ,000 = 57) in addition to other understory trees, shrubs, flowers and ground cover in order to create a complete quality landscape treatment of the site. The proposed plans only show a total of 40 trees and there is not indication of any additional plantings or ground cover. The applicant must provide at least an additional 17 overstory trees. Additionally, the Zoning Ordinance requires a bufferyard to screen the proposed development from the residential properties to the south. Section 3-3.G.2 and 3 states that an industrial use ahutting a residential use requires a minimum landscape yard of 40 feet and] 60 plant units per 100 feet of property line which abuts the incompatihle use. Using this formula, the proposed development shall provide one half of the required 688 plant units (430 feet/1 00 x 160 = 688) along the south property line to screen the abutting residential use to the south. As proposed, the residential hufferyard provides only 290 plant units (8 deciduous trees x 10 plant units = 80 units + ] 4 evergreen trees x ] 5 plant units""" 21 0 units). At a minimum, the applicant shall provide an additional 54 plant units along the south property line. . Building Materia!s/f)esir;;n. The applicant has submitted building elevations showing that the proposed new bui Iding will consist of texture coat wall panels with the lower perimeter and front entrances lines with rock faced hlock along the front (north) and side (east and west) elevations. The rear of the building (south) will be constructed with thermal wall panels and will contain the overhead doors and loading dock doors. Outside Storage/Trash Enclosure. The applicant must submit plans showing the proposed locations and dimensions of any outdoor storage as well as the location and screening materials for trash enclosures, subject to City staff approval. Ughting. The applicant has not submitted a lighting plan. Prior to consideration of a final plat, a lighting plan must be submitted compliant with regulations outlined in Section 3-2.H of the Zoning Ordinance. Signage. The applicant has not submitted a detailed signage plan for stafTreview. The proposed signage plan must be complaint with Section 3-9.E.2 of the Zoning Ordinance. The applicant shall chose between the two signage options for the B-3 District, Option A and Option B, which allow wall signs only or a combination of wall signs and a Cree-standing pylon sign, respectively. Grading, Drainage and Utilities. All grading, drainage and utilities plans and easements are subject to the review and approval of the City Engineer. Pursuant to the City's PUD regulations, all utilities shall be installed underground. The applicant . ~ -, Planning Commission Agenda - 09/06/05 has been working with the City's Public Works department staff to design an acceptable utilities plan for the project. ALTERNATIVE ACTIONS Decision 1: Preliminary Plat 1. Motion to recommend approval of a Preliminary Plat for Blue Chip Development, with the comments listed in Exhibit Z, and based upon the findings that the proposal would comply with the City's Comprehensive Plan and long-term development goals for the area. 2. Motion to recommend denial of the Preliminary Plat for Blue Chip Development based up on the findings that the application does not comply with the goals set forth by the Comprehensive Plan. 3. Motion to table the application to permit further City review and refinement of the proposed plans. Decision 2: Conditional Use Permit for Concept & Development Stage PUD ] - Motion to approve the request for the CUP for Concept and Development Stage PUD, subject to the conditions listed in Exhibit Z, based on a finding that the use is appropriate for the zoning district and the proposed site. 2. Motion to deny the request for a CUP for Concept and Development Stage PUD, based on a finding that the request does not meet the conditions for granting a CUP amendment. 3. Motion to table the request, subject to submission of additional information. ST AFF RECOMMENDATION Staff recommends approval of the Preliminary Plat and CUP for Concept and Development Stage PUD, contingent upon the comments in this report and as summarized in the attached Exhibit Z. Specific concerns relate to the proposed parking design and overall landscaping and screening of the site from the adjacent residential properties. 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(NAC) REFERENCE AND BACKGROUND Ocello, LLC. has requested Concept Stage pun approval of a mixed residential use development upon an approximate 68 acre site located south of School Boulevard and west of State Highway 25. The subject site is presently zoned A-O, Agricultural Open Space. The proposal includes a mixture of single family residential lots and town homes totaling 372 units. This results in an approximate residential density of 5.5 dwelling units per acre. Planned Unit Development. The processing of a planned unit development (PUD) is necessary to accommodate the proposed mixture of uses and multiple buildings upon the suhject property. In considering requests for planned unit development, it is important that the City apply the purpose of the Planned Unit Development approach - allowing flexibility from certain zoning standards to achieve a higher quality project than what would otherwise be achieved through conventional zoning. Examples of quantifiable pun design attributes are superior bui Iding quality and extraordinary landscaping details. Whether or not the purpose ofPUD has heen achieved with this particular project will become more evident as more detailed project information is submitted. Land Uses. As previously indicated, the development proposal calls for a mixture of residential units including standard single family lots and townhomes. The following is a breakdown of the various proposed land uses: Unit Type/Use Lots or lJnits Single Family Residential 61 Quadraminiums 24 Six Units 42 Eight Units 144 Two-Story Row Homes 62 Row Townhomcs 39 Total 372 Planning Commission Agenda - 9/06/05 . The City's land use guide plan shows commercial uses in the area between the westerly extension of School Boulevard and the manufactured home park. Medium- density residential uses are designated for the balance of the site. To accommodate medium density residential uses north of the manufactured home park, a Comprehensive Plan amendment may need to be pursued, depending on the Planning Commission's evaluation of this concept as to consistency with the land use guide plan. The inclusion of medium density residential uses north of the manufactured home park relates directly to the City's immediate desire to extend School Boulevard to the west. The applicant maintains that demand for commercial uses in such area presently does not exist and may not exist for another five years. A decision as to whether medium density residential uses north of the manufactured home park are appropriate is considered a policy matter to be determined by City 0lTicials. Provided City officials find the proposed medium density residential uses north of the manufactured home park to be acceptable, the proposed allocation and arrangement ofland uses is considered generally compatible with the area. The following comments arc however, offered: . I. A street extension to the south (which ultimately will connect to State I lighway 25) should be provided. Considering that large lot single family uses exist south of the subject site, some changes to the land use arrangement in the southern area should be considered as a result of such change. 2. Additional setback area for buffering/landscaping should be provided along rear yards which abut the manufactured home park and School Boulevard. 3. To the extent possible, changes in land use should occur along rear lot lines. With this in mind, it is preferable to have the single family homes in the southwest area of the site "face" single family homes (thereby creating a neighborhood of sorts). Thus, consideration should be given to converting the quadraminium units in the southwest corner ofthe site to single family residential lots. Quad units may be relocated to other areas. The "back-to- back" townhouse design has raised issues of building design and limitations on interior unit natural lighting. This style of building will be carefully examined when building plans become available. 4. Recognizing the reduction in density resulting from the suggested conversion of town homes to single l~lIni Iy homes in the southwest corner of the site, consideration be given to providing some medium density uses directly west of the proposed "pond amenity". . 5. Intended use of the open spaces and "pond amenity" should be clarified. 2 Planning Commission Agenda - 9/06/05 . Zonin~. As part of future processing, the site should be rezoned from A-O, Agricultural Open Space to the various residential zoning districts which correspond to the use locations depicted on the concept plan. Access. Primary access to the site is proposed via a westerly extension of School Boulevard (a collector street). A future street extension opportunity has been provided to the west. As previously indicated, a future extension to the south which ultimately connects to State Highway 25 should be provided. The acceptability of the access points should be subject comment and recommendation by the City Engineer. Streets / Circulation. The proposed development includes variety of features which intluence site circulation. These include limited site access (along School Boulevard and Redford Lane), the manufactured home park and future commercial development to the east. Recognizing the existence of these activities, a well-conceived plan for site circulation is both very important and very challenging. As previously indicated, a street extension to the south (which ultimately will connect to State I lighway 25) should be provided. . Some concern also exists in regard to the proposed jogged intersection along Redford Lane in the western area of the site. A reconfigured, four way intersection should be provided in this area. The majority of townhome dwellings appear to be served by private streets, many of which have "dead-end" configurations. To the extent possible, dead-end streets and parking areas should be avoided. Some question exists in regard to an apparent turn around area within the manufactured home park. Such turn around area encroaches into the eastern boundary of two of the six-plex buildings and presents some sethack and hu1Tering concerns. Consideration should be given to utilizing such feature as an opportunity for emergency vehicle access to the manuhlctured home park. This issue should he subject to further comment hy the Fire Marshal. Lots. Specific lot size information has not been provided. As a condition of PUD Development Stage approval, all lots should he provided lot and block numbers and satisfy the minimum dimensional requirements of the applicable zoning district. Redford Lane is a designated collector street. Thus, direct lot access to such street should he avoided. In the west-central area of the site (north of Redford Lane), three single family lots arc provided access to such street. These lots should be reconfigured. . 3 Planning Commission Agenda - 9/06/05 . Park Issues. The ordinance states that one acre of park land should be dedicated for each 75 persons in a subdivision. T'o estimate the population, a household size of 3.5 persons per unit for single family homes and 2.5 units for attached housing is used. Using this formula, a total of 28.8 acres of park land should be dedicated as calculated below: Unit Type N um bel' Of Persons Per Total Acres Required Units Household Persons (1 per 75 persons) Single family 61 3.5 per unit 213.5 2.9 Attached Housing 311 2.5 per unit 777.5 lOA ('rownhomes) Total 13.3 As shown on the concept plan, a "pond amenity" and a number of sma\ler "open spaces" have been proposed. It is not clear if such areas are intended for use as public park or private open space. This should be clarified. To be noted is that the "pond amenity" previously served as sewage lagoons f()f the manufactured home park. It is assumed some improvements to such area are proposed. This should also be clarified. . Issues related to park land dedication should be subject to comment and recommendation by the Park Commission. Trails. No trailways are illustrated on the concept plan. It is anticipated that a sidewalk will be provided along the southern extension of Redford Lane. Trail-related issues should be subject to comment by the Park Commission. Setbacks. While the PUD may a\low interior setback l1exibilities, periphery structure setback requirements of the base district are considered applicable. Interior setbacks of approximately 70 feet are proposed between the proposed eight unit buildings. The City has commonly applied a 78 foot separation, based on recent experience with similar projects.(to provide for vehicular circulation and unit driveways). Plan details for all townhome buildings will need to be submitted as part of the PUD development Plan stage. Building Architecture / Design. As a PUD, the City has the ability to impose design related conditions. As part of the PU D Development Stage submission, building elevations of the various townhome building types (excepting those upon the single family lots) should be provided. . 4 Planning Commission Agenda - 9/06/05 . Building design issues have focused on varying roofline heights, varying front building lines, and avoiding garage-front buildings that emphasize the garage doors from the street. Off-Street Parking. Considering the proposed residential density, it is considered advantageous to include some visitor parking areas. Generally speaking, a visitor parking supply of one half stalls per dwelling unit is considered desirable for townhome developments. This translates to a total or 16 visitor stalls for the proposed development. Because visitor parking is not a requirement of the ordinance however, this issue (the number of required spaces) is considered a City policy matter and should be subject to recommendation by the Planning Commission and a determination by the City Council. Landscaping. As a condition of Development Stage PU D approval, a landscape plan must be submitted. Such plan should indicate the location, size and variety of all site plantings. Specific landscaping should be provided in the following areas: . . The street median feature at the intersection of Redford Lane and School Boulevard. . Within the rear yards of lots abutting School Boulevard and the manufactured home parle . Within the townhome building lots. Signagc. Details regarding site signage have yet to be submitted. As a condition of Development Stage pun approval, all site signage must comply with the applicable requirements of the Sign Ordinance. Grading Drainage and Utilities. As part of the Development Stage PUD, a grading and drainage plan and a utility plan must be submitted. Such plans will be subject to review and comment by the City Engineer. Design Alternative. To illustrate some of the design recommendations cited previously, a design alternative has been prepared. The alternative is intended simply as a tool to be referenced in the preparation of an improved site design. ALTERNATIVE ACTIONS Decision t: Consideration of Conditional Use Permit for Concept Stage pun 1. Motion to recommend approval of a Conditional Use Permit for Concept Stage PUD based on the comments from the staff report for the September 6, . 5 Planning Commission Agenda - 9/06/05 . 2005 Planning Commission meeting, based on the finding that the Concept Stage PUO is consistent with the comprehensive plan. 2. Motion to recommend denial orthe Conditional Use Permit for Concept Stage pu~ hased on a finding that the submission of additional plans is necessary to comply with the requirements of the City, (and/or) Motion to recommend denial of the Condition Use Permit it)!" Concept Stage PUD, based on a finding that the concept stage PUD is not consistent with the comprehensive plan. The Planning Commission should select the latter option if commercial uses are appropriate for a portionof this site.. 3. Motion to table action on the Conditional Use Permit for Concept Stage PUD subject to submission of revised plans consistent with approved conditions. STAFF RECOMMENDATION . Based on the preceding review, the proposed mixed residential use development is considered to be a potentially acceptable layout. The City should initially provide comment on the acceptability of the land use pattern (including the number of townhouses), and secondarily, on the density of the project. Provided the concerns cited within this report can be satisfactorily addressed, our office believes various proposed uses can compatibly exist upon the subject property. It is therefore recommended that the following items be addressed as pali of the flJrthcoming Development Stage PUD submission: 1. An application for a rezoning of the property, consistent with the proposed uses, be submitted. 2. A street extension to the south (which ultimately will connect to State Highway 25) be provided. 3. The jogged intersection along Redford Lane (in the western area of the site) be reconfigured into a f(mr way intersection. 4. Additional setback area for buffering/landscaping be provided along rear yards which abut the manufactured home park and School Boulevard. 5. To the extent possible, changes in land use should occur along rear lot lines. Thus, consideration be given to converting the quadraminium units in the southwest corner orthe site to single bmily residential lots. . 6 Planning Commission Agenda - 9/06/05 . 6. Consideration be given to providing some medium density uses directly west of the proposed "pond ameni ty". 7. Intended use of the open spaces and "pond amenity" be clarified. 8. The acceptability of the proposed access points shall be subject comment and recommendation by the City Engineer. 9. To the extent possible, dead-end private streets and parking areas be avoided. I O. Consideration be given to utilizing manufactured home park turn around area (along the east boundary of the subject site) as an opportunity for emergency vehicle access to the manufactured home park. This issue should be subject to further comment by the fire Marshal. 11 . As a condition of PUD Development Stage approval, all lots should be provided lot and block numbers and satisfy the minimum dimensional requirements of the applicable zoning district. 12. Direct single family lot access to Redford Lane be prohibited. 13. Park and trail related issues be subject to comment and recommendation by the Park Commission. . 14. City Officials provide comment and recommendation in regard for the desire for designated visitor parking stalls. 15. As a condition of Development Stage PUD approval, a landscape plan be submitted. Such plan shall indicate the location, size and variety of all site plantings. Specific landscaping should be provided in the following areas: A The street median feature at the intersection of Redford Lane and School Boulevard. B. Within the rear yards of lots abutting School Boulevard and the manufactured home park. C. Within the townhome building lots. 16. All site signage comply with the applicable requirements of the Sign Ordinance. 17. As part of the Development Stage PUD, a grading and drainage plan and a utility plan he suhmitted. Such plans will he subject to review and comment by the City Engineer. . 7 8 uqd JPfnO dSn pUlq d1JUU~ gU01 Al!:) dA!lBU1JllY uBid Jl!S uUld Jl!S dA!lBllUN lUK)qddy dlluwI IB!ldY . . :g lfq!l{xg :0 l!q!l\X:>-I ::) l!q!l\xg :g l!q!l\X:>-l :y Hq!l!xg . V,L va ~NIl.l:IOddrrS ~O/90/6 - rpu;;,'By U01SS1lUlUO:) 'Bu~uuqd IO~ . . ~ " ... I I I PROJECT DESCRIPTION A 70 Acre Residential Plan MFRA #14136 __1~.~.-,_. ~__-, ;1,"'1:""; ! RE. CF,r\!" ,,,- \ , ~UG 2 4 'L005 \ CITY of ~~~:~=.:::.::~2j -- Perhaps the most significant planning issue associated with this project is the property's location and its adjoining land uses: . NE . NW . W . S . SE . E Groveland Residential Development Future Residential (Insignia) Future Residential Development (Insignia) Large Lot Residential Residential Trailer Park Proposed Residential The subject 70 acre development site is currently owned by two entities. The northerly and easterly-most 20 acres is under the control of Ocello, LLC and the southern and westerly 50 acres is controlled by Kent Kjellberg. By combining these two properties, several land use compliance issues can be dealt with to the best interest of the City, the property owners and future residents of the new subdivision. The following is a partial list of the advantages and merit available to the 70 acre dual ownership property: 1. This proposal will physically contain the trailer park on the westerly boundary. 2. This proposal offers reasonable land use buffer guidelines along common boundaries with the existing trailer park and any future adjoining residential development. 3. By combining the two properties, City infrastructure such as road connectivity, storm water ponding and utility extensions can be done more efficiently and comprehensi vel y. 4. By combining the properties, issues of land use transition can be dealt with along the West and North trailer park property lines. The trailer park and the proposed residential development (Poplar Hill) west of the trailer park will be dealt with comprehensi vel y. 5. City transportation and other infrastructure implementation needs can be dealt with along with solutions for unanticipated problems. 6. The proposed residential plan is expected to generate revenue essential to the payment of assessments associated with extending School Boulevard westerly. The proposed residential plan seeks to accommodate the above important planning issues in the following manner: . The proposed residential project will prohibit westerly growth of the trailer park. I I I Property Description August 19,2005 Page 2 . With this proposed residential plan, reasonable buffer and transition guidelines will be implemented and will include design elements as earthem berms, privacy fencing, plantings, and most importantly, compatible housing types, all of which are considered effective in land use transi ti oning. . Property consolidation enables comprehensive planning and engineering solutions, easements, and utilities and storm water design. . Land use transition and land use buffer guidelines will be comprehensive and effective. . Vehicular transportation right-of-way, alignment and location of future roads will be efficiently implemented with larger, two properties (70 Acres) plan. . A revenue source for School Boulevard construction costs will be available as this development proposal moves toward fruition. The site plan consists of four (4) residential unit types. The variety in housing type has been selected based on existing or future adjoining land uses. Land use compatibility is essential in protecting property values and neighborhood integrity. The proposed residential development consists of for sale attached and detached housing types. A continuum of housing types is apparent on the subject property's west boundary adjacent to the future Poplar Hill single family lots. This transition is from single family lots to attached row townhomes and concludes with 6 and 8-unit manor or villa homes on the east boundary line, common with the trailer park; a classic land use transition model. This transition west to east from single family to 8-unit townhomes extends over a distance of 920 feet and will establish land use compatibility, sustain property values and accommodate socio-economic demographics for the various residential types. Additionally, housing types contribute to transitioning by utilization of a continuum of home types including single family with various lot sizes, row townhomes, twin homes, quadraminium homes and 6 to 8-unit villa or manor homes. In addition to establishing development compatibility through the use of land use and density transitions, road network and transportation plans play an equally important role in establishing the consistency and compatibility of a plan. A collector status road has been identified for this property. This collector road begins at the future intersection of School Boulevard and Redford Lane, which extends from the Groveland development. At the intersection of School Boulevard and Redford Lane a four-legged collector road extends south and west through this site and to the subject property's west property line at a location consistent with the preliminary plans prepared by Insignia. It is from this collector road (Redford Lane extended south and west) and School Boulevard that all local residential streets within the subject site will connect. I I I Property Description August 19, 2005 Page 3 The subject concept plan, consisting of approximately 70 acres and 374 mixed density housing units is an important "missing piece" in the greater land use plan for S.W. Monticello. The concept plan establishes land use compatibility with adjoining uses, existing or future. The concept plan as presented anticipates generating revenues sufficient to pay its share of School Boulevard and appurtenant infrastructure. This residential concept plan provides housing variety and choice based on lifecycle and lifestyle needs. On behalf of Ocello, LLC, we respectfully request thoughtful deliberation of this request for Concept Plan approval. In conclusion, the following key factors, we believe, will support favorable review of this application. );> School Boulevard and appurtenant public improvement costs are expected to be paid on a benefit-based ratio by the owners of these properties. This proposed residential project is expected to generate revenues that are necessary to pay these public improvement assessments. );> The goal of the Developer has been to prepare a residential plan which accommodates future low density residential to the west, to provide right-of-way for the collector road that passes through the site diagonally and to implement a land use transition, particularly where the trailer park adjoins this site. );> This concept plan is based on solid planning and site design principles. It is thoughtfully conceived, is responsive to adjoining existing and future land uses, and should preserve residential property values in the area. );> The site plan provides for housing choices based on lifestyle and an aging demographic; and lastly );> The concept plan, is intended to immortalize land use, storm water and roadway concerns for the immediate area. The concept plan determines the boundary of the trailer park and offers solutions for buffering dissimilar land uses; i.e., trailer park adjacent to market-rate, owner-occupied housing. This concept, the "missing piece" (the hole in the doughnut) in this area of Monticello's growth area plan, when approved, will bring to a conclusion speculation as to how these properties will be developed and how they accommodate City infrastructure needs. s:\inain:\Oce 14136\corres\property description IDO . ~ NORTH . . .. ... ... BUFFER YARD . # # , I . . ( . OPEN SPACE C 0:: )% c: UJ.. it. ::> ll) MANUFACTURED HOME PARK POSSIBLE EMERGENCY VEHICLE ACCESS MEDIUM EN ITY RESlDEN IAl USES ""1 ~ --~ . " ... , . . FUTURE CONNECTION TO HIGHWAY 25 ~d 5..5 .:..ur ~;; ~.g ~= E< ~ u "'....'" :!;~ .:::! I ~ ~~ ~l~ ~=-! ~:S'. ! i~ ~~k s ~ ~ ~ '&. ,., .a ~h~ ~.~~ IS ll~:i -tllo ij"~,, -a.o..lI,I-o .Y2 ~~V1 ~h,s ~~~o ~E:3 E ~4~ >-" " -" g ~~E~ .lIl)ge= _E_ ~ " " g ~ ~ If) z 0 ~= - tU 5 is: :5!= ~ en I:' m= ~ a:: or:;; - o c ,g ~ ~ g CL..... :lI!! = tU is: (,) ..... ..... .E a; l;,;I o z ::E ~ 0; ~ '" <> :IE - CL CI) l;,;I = I:' (,) .. :2 .... 0; .. ,#: tn I I, -~- ts .. 'e- .... 1! ,!! U ~ / ID .- E~ IDC ~CtS a..a:l -'~....'"~'. ~ (" \.,. ~ d '..A.. . 'iP" .,:1' ~ ~ <1? c?' ~ <tP b> ~ ~ ~ ~ .. " ~ ::J 11 ] (J ~ : : ~o~ ~ ~ ~\ r---..... Z/ co E E ::J CJ) en :t::: c: => I/) -- I/) en:t:::.!!J en .!!J ~ 'E 'E :5 'c 'E .9 ...J:::>:::>"<t=>:::> C\l .... "<t C\l "<t ~ S!:l !:::; <0 C\l "<t .... ..... ,-, ,-, +-' .- :1l E o ~ .!!J~~ ~ .!!J'c a: ~ Ql I/)'C => 2:'1- "OJ-g:::>.E.9 3 g c: ::::l.~ .Ql(f.l 0 0 i:/.iO(f.lWC\la: I- C => rnm a -2 ~ '" .~ l .~ a: ,., '" " ::! ~ .. '" .;;; ':;' d ~ z .. - .. ... tn / t- v; <C i_L. Iih, t"1 t \ C;:~ . . . Planning Commission Agenda - 09/06/05 11. Public "earine:: Consideration of a request for a Preliminarv Plat for the Monticello Travel Center 2nd Addition; Conditional Use Permit for a Development Sta2:e PUD; and a Variance to parkin!! requirements in the B-3 District. Applicant: fRET Properties. (NAC) REFERENCE AND BACKGROlJND TRET Properties is requesting a preliminary plat for the Monticello Travel Plaza 2nd Addition located at the intersection of Highway 25 and Oakwood Drive, just south of Interstate 94. As a part of the preliminary plat request, the applicant is requesting a conditional use permit and PUD to allow a drive-in convenience food establishment, motor fuel station and convenience store, car wash, joint parking and drives, open and outdoor storage and a retail commercial development. Additionally, the applicant is seeking a variance from the parking requirements in the B-3 Zoning District. The subject site is currently occupied by a BP gas station and a single family home, which are both proposed to be removed. Additionally, the site is occupied by an existing Subway, Jiffy Lube and Dairy Queen. The applicant is proposing to install a Holiday gas station and convenience store with a connected car wash and a Wendy's fast food restaurant with a drive-through window. Comprehensive Plan. The Comprehensive Plan designates this area for future commercial/highway business uses, consistent with the proposed PUD and CUP. Zoning. The subject site is zoned B-3, Highway Business District, which allows for motor fuel stations, outdoor storage, car washes and drive-in convenience 1"(Jod establishments by CUP. Performance Standards. As conditional uses, the proposed motor fuel station, car wash, outdoor storage and the drive-in convenience food establishment arc expected to meet the general standards of the B-3 District as well as a list of more detailed requirements specific to the use, as described in Section 13~4 of the City's Zoning Ordinance. The following is a description of the requirements and the proposed developments' compliance along with some general site design comments. . S'etbacks: The proposed development will still meet the B-3 setback requirements, aside hom the proposed Wendy's parking area along Cedar Street which must be at least five (5) feet from the property line. Please note that the concept stage approval of this PUD pre-dates the recent ordinance amendment 1l)f parking lot setbacks. It was felt this project could move forward under the previous parking setback standard. Parking. The applicant is proposing 30 parking stalls within Lot I, Hlock 1 1l)r the Holiday gas station, convenience store and car wash and 24 parking stalls within Lot 7, Block 1 for the Wendy's. The site plan shows a future parking area located south of the Wendy's establishment within Lot 6, Block 1. The future parking area consists of IS standard size stalls, which would be arranged to accommodate larger vehicles Planning Commission Agenda ~ 09/06/05 . including travel trailers and semis. To accommodate the proposed uses, the site will need the following number of parking stalls, pursuant to Section 3-5.H of the Zoning Ordinance. Holiday Gas Station = 14 stalls Wendy's=41 stalls In estimating the required number of parking stalls at this time based on submitted drawings, t would appear that, in totaL the applicant has provided an adequate number of parking stalls. However, some or the of the available parking is on the Holiday side of the property. The applicant has indicated that they will require employees to utilize the remote parking. The applicant had requested a variance to the parking regulations in the event that after review, an inadequate number of spaces was found. [t would appear that the total number meets the ordinance, and as such, only the PUD approval is necessary to accommodate the joint parking and access. Any parking that is proposed to be within drainage and utility easements is constructed at the owner's risk. Parking areas that are damaged by the City in the event that access is needed to the underlying utilities will be replaced at the owner's cost. . Access/Circulation: The Iloliday station is proposed to have an entrance-only access off of Oakwood Drive and will share an ingress/egress driveway further to the east along Oakwood Drive with Wendy's. Wendy's is also proposed to have an ingress/egress driveway ofT of Cedar Street. The two uses will share a center driveway running north south bctwcen the two, extcnding south from the proposed access off of Oakwood Drive. Assuming there is not a median within thc shared center drive, City staff recommends that the ingress/egress points for the Holiday and Wendy's be aligned directly across from one another to provide better circulation and traffic flow, subject to the review and approval or the City Engineer. The submitted plans show a 5-foot concrete sidewalk along the front and the cast side orthe Holiday building and partial sidcwalk segments arc shown on the south side of Oakwood Drive and the west side of Cedar Drive. As a condition of approval, the applicant shall submit revised plans showing 5-foot sidewalks along the entire length of the subject site on the south side or Oakwood Drive and the west side of Cedar Strect. The applicant must provide dctails and/or exhibits which show that the proposed parking and driveway areas allow for a turning radius for a semi trailer tractor truck, subject to approval of the City Engineer. . 2 Planning Commission Agenda - 09106/05 . The City Council will be taking action to determine the vacation and sale of the City right of way along Cedar Street, which is needed for the Wendy's site parking and circulation. LandscapinK/S'c:reening The applicant has submitted a landscape plan. The landscaping quantities per the zoning ordinance have been met, however, two trees on the Wendy's site are shown on the boulevard right of way space of Oakwood Drive. These trees should be moved to be located entirely on the property of the owner/appl icant. Outside Storage/S'ales. The applicant must submit plans showing the proposed locations and dimensions of any outdoor storage and/or sales, subject to City staff approval. Lighting Due to a late submission, stall has not had adequate opportunity to review the lighting plans. Prior to consideration of a final plat, a complete lighting plan, with fixture notation, must be submitted and reviewed to be compliant with regulations outlined in Section 3-2.H of the Zoning Ordinance. Lighting proposed for the gas station canopy must be recessed lighting. . S'ignaKe. The applicant has not submitted a detai led signage plan for staff review. The proposed signage plan must be complaint with Section 3-9.E.2 of the Zoning Ordinance. It is critical that a review of the PUD include consideration of sign age as this feature is an important aspect of a PUD. It is note possible for the Planning Commission to determine if the pun results in a superior site design with this missing information. Grading, Drainage and Utilities. The applicant shall submit revised plans showing drainage and utility easements for existing and proposed utilities. All grading, drainage and utilities plans and easements are subject to the review and approval of the City Engineer. The applicant shall use existing connections to City services, rather than construct new connections. ALTERNATIVE ACTIONS Decision 1: Preliminary Plat for Monticello Travel Center 2nd Addition. 1. Motion to approve the request for the Monticello Travel Center 2nd Addition preliminary piaL subject to the conditions listed in Exhibit Z, based on a finding that the use is consist with the Comprehensive Plan and appropriate for the subject site. 2. Motion to deny the request for a preliminary plat based on a finding that the request is inconsistent with the Comprehensive Plan. . 3 Planning Commission Agenda - 09/06/05 . 3. Motion to table the request, subject to submission of additional information. Decision 2: Conditional Use Permit for a Development Stage PUD to allow a drive-in convenience fiJod establishment, motor fuel station/convenience store, car wash, joint parking and drives, open and outdoor storage and a retail commercial development. I. Motion to recommend approval of the application of the CUP for a Development Stage PUD with the comments listed in Exhibit Z and based upon the findings that the proposal would comply with the City's Comprehensive Plan and long-term development goals for the area. 2. Motion to recommend denial of the CUP for a Development Stage PUD based up on the findings that the application does not comply with the goals set forth by the Comprehensive Plan. 3. Motion to table the application to permit further City review and refinement of the proposed plans. . Decision 3: Variance to Parking Requirements in the B-3 Zoning Distric~. No action is necessary on this request, as the proposal meets the minimum parking space numbers. STAFF RECOMMENDATION Planning stafTrecommends approval of the Preliminary Plat and PUD subject to the conditions listed in Exhibit Z. It was felt that platting the entire development area would support the site as one cohesive development and assist the applicants with their lot line adjustments. The prel iminary plat also supports the status or the development arca's previous and current application for PUD. The recommendation for approval is made on the basis that Planning Commission is comfortable with the stafr and applicant working to resolve the numerous conditions and with Commission either giving up thc ability to comment on the sign plan or setting parameters for stafr review of the sign plan. . While there are a number of issues raised by circulation and parking supply on the site, the applicants are convinced that they wi 1\ be able to operate the businesscs successfully. StafT continues to be concerned about impact of potcntial traffic conflicts on the adjoining public right of way. The conditions listed in Exhibit Z arc intendcd to minimize thcse concerns. 4 Planning Commission Agenda - 09/06/05 . It should be noted that staff have met with the applicants regarding the majority of the conditions listed in Exhibit Z and it is our understanding that the applicants are working to resubmit plans which address these conditions. StJPPORTING DATA Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: ExhibitF: Exhibit G: Exhibit H: Exhibit I: Exhibit J: Exhibit Z: . . Aerial Image Site Images Site Location Map Current Lot Plan Preliminary Plat Development State Site Plan Utility, Grading, Drainage and Erosion Control Plan Landscape Plan Holiday Site Plans, including: Floor Plan, Exterior Elevations, Site Signage and Site Lighting Wendy's Site Plans, including: Exterior Elevations, Floor Plan, Landscape Plan, Site Lighting Conditions of Approval 5 . . . Planning Commission Agenda - 09/06/05 Exhibit z: Conditions of Approval of Conditional Use Permit and Preliminary Plat for Monticello Travel Center 2nd Addition 1. The applicant submit revised plans meeting the conditions below, prior to final plat, for review and approval. 2. The Wendy's parking area must be revised to show at least a 5-[(.)ot setback from all lot lines. 3. Proposed parking area designated as "future" shall be constructed at the time of construction of the Wendy's. 4. Any parking that is proposed to be within drainage and utility casements is constructed at the owner's risk. Parking areas that are damaged by the City in the event that access is needed to the underlying utilities will be replaced at the owner's cost. 5. The applicants should consider the alignment of the ingress/egress points for the Holiday and Wendy's to be directly across from one another to provide better circulation and traffic t1ow, subject to the review and approval of the City Engineer. 6. The applicant shall submit revised plans showing 5-foot sidewalks along the entire length of the subject site on the south side of Oakwood Drive and the west side of Cedar Street. 7. The applicant shall provide details and/or exhibits which show that the proposed parking and driveway areas allow for a turning radius f(x a semi trailer tractor truck. 8. The applicant must submit a revised landscape plan showing all landscaping for both the Wendy's and Holiday site as recommended in the stall reported for September 6th, 2005. 9. The applicant must submit a revised signage plan illustrating the sign package for the property as a whole, including all parcels, and subject to the review of the Commission and/or staff as directed by the Commission. 10. The applicant must submit plans showing the proposed locations and dimensions of any outdoor storage and/or sales. 11. The applicant submit a complete lighting plan, with fixture notations, to be compliant with regulations outlined in Section 3-2.H of the Zoning Ordinance. Lighting proposed for the gas station canopy must be recessed lighting. 6 Planning Commission Agenda - 09/06/05 . 12. The applicant shall submit revised plans showing drainage and utility casements for existing and proposed utilities. 13. The appropriate vacation and establishment of drainage and utility casements, and the needed right-of-way along Cedar Street, is completed. 14. The applicant shall use existing connections to City services, rather than construct new connections. 15. The applicant(s) submit proof of cross easements for parking and drives 1()f the entire plat. 16. The development is subject to all applicable building and development fees. 17. All grading, drainage and utilities plans and casements are subject to the review and approval of the City Engineer. 18. 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"''l' p' po g. ..."'-...... p. >_-r~ ... ... p. ... ...'" ... _ _ a: ~ _ III ~ ~ ~ .~ ~ ~ ~ ~ ~ ~ ~ ~ III - ~ ~. e" S" e" lr r 5" &" If r "'5~'-""~ lr E" 1r e" ~ ~. i rr 1r t~ ~" ~ ~ ~ lr 'if 5' s. r !i" ~. r"'< t ~. ~. ir'j~ r r go ~. r r t ".... ............- [ ". '.:l _.-- '" r p 1J ~ ... lj _c--- ;tI :!> Ll ., --I ., :!> " ..., ~ r'1 10 tj .. :> I\l .. ~ Z n- '" 00 1.--. en , Q <: Q :> 00 .. 00 ~ III '~, ['-., ~"""l..........._ '-","--... 'I, ~ Iii -- Q tj '" .. ;tI VI n '1 ., ""U ir ~ !! g) g " (I) J: < ~. . . . Planning Commission Agenda - 09/06/05 12. Public Hearine:: Consideration of a request for a Conditional Use Permit for an 896 square foot detached accessory structure and Variance for a second driveway access in an R-l District. Aoolicant: Richard Bastien Central Masonry & Concrete. (NAC) REFERENCE AND BACKGROUND The applicant is seeking a Conditional Use Permit to allow the construction of a second garage structure on his property at 1112 West River Street. In conjunction with the CUP, the applicant is seeking a variance to allow him to face the building toward Sandy Lane (to the rear) and construct a second driveway access. The zoning ordinance permits just one driveway access per single family parcel. The proposed building will be 896 square feet in area, and is shown on the site plan to be approximately 38 feet from the curb of Sandy Lane. This setback should be checked to be sure that it is no closer than 30 feet from the right of way line. The rear yard of the property is approximately 10,000 square feet in area. The new garage building would occupy less than 10 percent of the rear yard, consistent with the City's ordinance requirements. The applicant is also seeking a variance that would permit a second driveway for the property onto Sandy Lane. Variances require that the City finds a physical condition of the property, unique to the parcel in question, that interferes with putting the property to reasonable use under the zoning regulations. In this case, no such condition exists. The applicant has a conforming garage on the property in the existing condition. The second curb cut to the additional garage is not necessary for reasonable use of the property. Instead, the applicant should be required to face the garage toward River Street, and access the building without a driveway. It is not the intent of the ordinance to allow (lVer-sized accessory building that result in increased traffic in residential areas. If the building is to be used fi)f the storage of personal vehicles and recreational equipment, no additional driveway would be necessary to accomplish this objective. ALTERNATIVE ACTIONS Dccision I: Conditional Use Permit for Detached Accessory Building 1. Motion to recommend approval of the CUP, with conditions that the building setback of 30 feet is preserved, that the building is constructed with materials and colors similar to that of the principal building, and that the building is constructed to face River Street without the need for a separate driveway. Planning Commission Agenda --, 09/06/05 . This motion would he based on a finding a free-standing garage should not occupy the street frontage in a residential area. 2. Motion to recommend denial of the CUP, based on a finding that the garage is out of context with the area. Decision 2: Variance to allow a second driveway access for a single family residnencc. 1. Motion to approve the variance, based on a finding that the applicant has shown a hardship in putting the property to reasonable use and requires the vanance. 2. Motion to deny the variance, based on a finding that no hardship is present that justifies the variance, and that the property otherwise meets the City's zoning regulations without need for a variance from the standards. STAFF RECOMMf1:NDATION . Staff recommends approval of the CUP, but denial of the variance. 'fhe building can be constructed to meet all zoning regulations without the variance, and the additional driveway would be inconsistent with the character of the neighborhood, as well as with other single family properties that are restricted to a single access point. SUPPORTING DATA Exhibit A: Exhibit B: Exhihit C: Exhibit D: Site Plan Applicant Narrative Structure Plan Site Images . 2 . . . J2A- t> Mary Poetz/Dick Bastien 1112 West River Street Monticello, MN 55362 Monticello Planning Commission Monticello City Counsel Monticello, MN 55362 August 16, 2005 Dear Planning Commission and City Council Members, It is our intent, Mary Poetz and Dick Bastien, to seek a conditional use permit to build a new garage which will be 32' wide by 28' deep. The garage will be used to house Dick's crew-cab dual- tandem pickup truck. Dick requires this type and size of truck for his commercial concrete and masonry business. We are currently unable to fit this truck into our existing attached garage at our home where we have lived for the past three years. Since this heavy-duty vehicle will be housed on a daily basis, we are also applying for a variance to bring in a paved driveway approach from Sandy Lanei it is currently under construction and is being widened with the addition of new curb and gutter. The variance to pave this entry from Sandy Lane will greatly enhance the appearance of this project and will offer to compliment the effect of the new curb and gutter. Enclosed, you will find three photographs. Photo #1 depicts a garage and driveway that is directly across Sandy Lane from our proposed structure. I urge you to note the washouts that have occurred because this garage does not have a paved driveway. This driveway is simply one example of others in our neighborhood. Photo #2 is a photograph of the recently installed catch basin on Sandy Lane. It rests approximately 35 feet from the driveway in photo #1. Sand and gravel from this driveway will . certainly drain into this catch basin. This will definitely increase maintenance costs when it becomes necessary to haul several avoidable wheelbarrows full of gravel that threaten to plug this catch basin following each heavy rainfall. A paved driveway would avoid this unnecessary cost and nuisance. Photo #3 highlights our pickup truck parked in the location of the newly proposed garage. This garage with its professionally landscaped surrounding, its newly paved drive, and new city curb and gutter will offer a pleasing and finished appearance to our backyard and neighborhood. We ask that you grant us these requests in the spirit of progress of our growing and robust community. We live in a beautiful neighborhood and only have its aesthetic value at heart in improving our property appearance. Thank you. /"") . /}l~ V~ Mary poe{z Di;(t<:sti~n ~Q~ . _ __ _ L _ _ _ _ _ --'EH-mR L./~ SANt>l;1.lA~' -r''-l= _ _ _ SANDY LANE 1JeIJ et71.l e.VR..BJ {q~ j ( ) m~ ( ~~ ( I ) ~~ ' ~~ \) ( ) &~ a ( it; ( !iff~~) "-ef.~mJI'J /AI.J~ WNL ( ~ 07' ", l ") ~ ?>) , " ~ I ~ j :::J. I: fXJGfINC1 46' ~ M()f)1{; f '" 00 ~ ~ eo' (U:N~~) NJ?t' em! eLJRa Il (71J1'11:R. /00 '''0 " /11 t WEST !<..JVER. 5:7RE€f _-.-.....- ---.--~--~ -- PRD~ ... 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',,-" . .~'" ",'~M~."~"--""""""- .,-,...........~----------_.._-... ---- /-- / i) 1 ,.' ,/ ;;.~ / //.. it/" I" r l-.' 1.///..""..". /'..-/ /~I J .~:.-' ~../ /f'r/ " / / :. /A" //"T / / , ./ i i / ;: I....~>>; \\., . ,~:o ;:~- ~~ c::.,. - ~'~ C~ ~c;;. C-~ "-\\ ~\, \ ~~ '.::-- '~\ ._~ ',,(\ r.;::> \ ,.., \}J ~ :'\S \J ~ , ~ '$ ~ ~ -- "', I ';:;.~ -"-r- :\ i. I r ! t~ \~ \ "" i-r'" 1"" I' I~'I h. \ k"i i'<'1 ""1 !"'i I>j i I ,-, ........ i i~~ '. ~ I i '\1 ~ i I ('\,_ I ; .,..\ ;;;\ I I ~.::: I '~ 2,~ ~~I I I I I ! :1 " , f'''' 1':,1 . 'J .. ", f I I I .. 'I -L . . . . ~@~~ti~2~~~~%;lt~ji~~~~::". ."" ....;l.t <.",._ ~',.....!.l..:...'"M''''' '''':.IIl . . . . 13. Planning Commission Agenda 09/06/05 Public Hearin!!: Consideration of a request for amendment to the Monticello Zonin!! Ordinance relatin!! to the re!!ulation and outdoor stora!!e of commercial vehicles. (FP) REFERENCE AND BACKGROUND A similar zoning ordinance amendment restricting commercial vehicles from residential properties was considered hy the Planning Commission and City Council in the Fall of 2000. The Planning Commission recommended that the City Council adopt such an ordinance to preserve the character of Monticello's residential neighborhoods. [n a split decision, the Council did not adopt an ordinance amendment regulating commercial vehicles in residential neighborhoods, but tabled the item indefinitely. This ordinance amendment was recommended by stafTbecause the Wright County Sheriff determined that in part, the existing ordinance was vague and unenforceable. A consequence of the current law is that many commercial vehicles have taken up residence in Monticello's neighborhoods. Not changing the existing ordinance to provide for enforcement may result in "Grandfathering" or existing lawful non-conforming commercial truck parking uses on residential properties. Even though the suggested ordinance may now be adopted hy City Council, the character of Monticello neighhorhoods will likely remain compromised by many existing lawful non-conforming commercial vehicle uses. A conflict on lIillcrest Circle involving the race cars and the parking of large commercial trucks has renewed interest in amending the current ordinances. It is expected that the parties involved in this conflict will appear at the public hearing and present differing op1l1JOns. This ordinance amendment along with on-street parking ordinances will help to preserve the character of our residential districts while not limiting necessary commercial vehicle traffic serving those districts. ALTERNATIVE ACTIONS Decision 1: Amendment of Zoning Ordinance 1. Move to: recommend that the City Council adopt the ordinance restricting the parking of certain vehicles in residential districts, amending Chapters 2, 3, and 6 of the Monticello Zoning Ordinance, establishing regulations tCH race cars and commercial vehicles in residential districts. Planning Commission Agenda 09/06/05 . 2. Move to: recommend that the City Council deny the ordinance restricting the parking of certain vehicles in residential districts, amending Chapters 2, 3, and 6 of the Monticello Zoning Ordinance, establishing regulations for race cars and commercial vehicles in residential districts. 3. Move to: take some other course of action as may be determined by the Planning Commission STAFF RECOMMENDATION Staff recommends Alternative I to the Planning Commission.. SUPPORTING DATA Exhibit A: Exhibit B: Copy of proposed Ordinance with underlining to show amendments. Copy of the City Council Minutes and suggested ordinance from November 11, 2000 . . 2 . . . ORDINANCE NO. CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE RESTRICTING THE PARKING OF CERTAIN VEHICLES IN RESIDENTIAL DISTRICTS, AMENDING CHAPTERS 2, 3, AND 6 OF THE MONTICELLO ZONING ORDINANCE THE CITY COUNCIL OF THE CITY OF MONTICELLO ORDAINS: Section 1. Section 2-2 of the Monticello Zoning Ordinance is amended by adding the following definitions: "Commercial Vehicle": A vehicle used for commercial OUl'DOSeS that is either 2:reater than eie:ht feet (8') in hei2:ht or ereater than twentv-two feet (22') in len2:th. includin2:. but not limited to: boom trucks. car2:O trucks. dumo trucks. farm imolements. fire trucks. ambulances. limousines. busses. hearses. semi-tractors. semi-tractor trailers. tank trucks and tow trucks. "Gross Vehicle Weif!ht Ratin2: (GVWR)": The maximum allowable total wei2:ht of the vehicle that mav not be exceeded. as desi2:nated bv the vehicle manufacturer. "Licensed and Qoerable Vehicle": A car or truck which has CUITent licenses olates. is mechanicallv ooerable and is desillned and eauiooed in a manner which will allow it to be le2:allv ooerated on a oublic street. "Race Car": A vehicle. includin2: a vehicle olaced on a trailer. used orimarilv for racinf! which does not meet the definition of a Licensed and Ooerable Vehicle. Section 2. as follows: Section 3-2[N] the Monticello Zoning Ordinance is amended to read in its entirety [N] EXTERIOR STORAGE: All materials and equipment except as provided for in Chapters 5 through 19 of this ordinance shall be stored within a building or fully screened so as not to be visible from adjoining properties and oublic streets. except for the following: 1. Clothes line pole and wire. 2. Recreational equipment and vehicles. Race cars are not considered recreational eauioment or vehicles. 120407 . 3. Construction and landscaping material currently being used on the premises. 4. G4+'On orooerty used for residential ourooses. off-street parking of passen;;;er licensed and ooerable. non-commercial vehicles and truck:> not exceeding a gros~; cupacityGross Vehicle Wei!:!ht Ratin!:! (OVWR) of nine thousand (9,000) pounds in re~;identiul urensa llarae:e. driveway or off- street oarkin!:! facility meetim! the reauirements of this Zonine: Ordinance. 5. Propane tanks, fuel oil tanks, and other similar residential heating fuel storage tanks which do not exceed 1,000 gallons in capacity and shall not be located within five (5) feet of any property line. 6. Wood piles in which wood is stored for fuel provided that not more than 10 cords shall be stored on any property. A cord shall be 4'x4'x8'. All wood piles shall be five (5) feet or more from the rear and side yard property lines and shall be stored behind the appropriate setback line in front yards. 7. Solar hearing systems. . Section 3. Section 3-5[D]7 of the Monticello Zoning Ordinance is amended to read in its entirety as follows: 7. OODriyeways and exterior off-street parking facilities accessory to residential ttSeuses may be utilized solely for the parking of licensed and operable pw;son;er autolllohi Ie:;, no more than non-commercial ehicles. one (I) truck not to ei,ceed ;ro~;~; capacityexceedine: a Gross Vehicle Weillht Ratine: (GVWR) of nine thousand (9,000) pounds, and recreational vehicle vehicles and equipment. Race cars are not considered recreational vehicles and eauioment. Under no circumstances shall requireddriyeways or exterior off-street parking facilities accessory to residential structures be used for the storageoarkine: of either commercial vehicles ef equipment, or for the parking of uutomobilesvehicles belonging to the employees, owners, tenants, or customers of business or manufacturing establishments which are not beine: used bv a resident of the oremises. exceot for delivery. reoair and other vehicles orovidinll temoorarv services benefitin!:! the orooerty. Passene:er cars and trucks shall not be oarked in yards or any other areas of the orooerty other than the e:aralle. dri vewav or off- street oarkin!:! facility comolvin!:! with the reauirements of this Zonine: Ordinance. Section 4. Section 6-3[A] and [B] of the Monticello Zoning Ordinance are amended to read in their entirety as follows: . 6-3: PERMITTED ACCESSORY USES: The following are permitted accessory uses in an "R-1" district: 120407 2 . . . [A] Private garages, parkin; spaces and carport~; for licensed and operable pw;~;enger can; and truck~; not to exceed a gro~;G capacity of nine thousand (9,000) poundt; w; re;;;ulated by Chapter 3, Section 5, of this ordinance. Private garages are intended for u~;e to ~;hare the private pas~>enger vehicle~; of the family or families re~;ident upon the premises and in which no business, service, or indu~;try is ca1Tied on. Such ~;pace can mav be rented to non-residents of the property for private passenger vehicles and/or non-commercial vehicles, trailers, or equipment if sufficient off-street parking in full compliance with this ordinance is provided elsewhere on the property. &oofl.A garage shall not be used for the storage of more than one (1) commercial vehicle,! owned or operated by a resident,! per dwelling unit. [B] RecreationalExterior stora2:e of recreational vehicles and equipment. exceot race cars. Section 5. Effective Date. This Ordinance shall be effective immediately upon its passage and publication according to law. Adopted by the City Council of Monticello, Minnesota on the _ day of ,2005. Clint Herbst, Mayor ATTEST: Rick Wolfsteller, City Administrator 120407 3 '\ '" I.. ~ ooc:; _ ;) l( Council Minutes - 12/11/00 . ... Consideration of an ordinance amending the Monticello Zooin!! Ordinance, Chapter 3, Section 3-5, IDI 7, by addio2: subsections fa) and (b), establishine regulations for commercial vehicles in residential districts. Applicant: City of Monticello. Fred Patch provided background information on the proposed ordinance amendment. The City had received complaints about commercial vehicles parked in residential area, The Sheriffs Department indicated that the present wording of the City's ordinance made it difficult to enforce. The proposed amcndment was an attempt to clarify what type of vehicle could not be parked in residential areas thus making this portion of the ordinance enf()rceablc, Brian Stumpf asked if staff had checked out what other communities had before coming up with this proposed language. Fred Patch indicated they had not but the staff did submit this to the Sheriffs Department to determine if they felt it was enforceable. There was considerable discussion on the ordinance amendment. It was questioned whether the amendment was too restrictive and it was suggested that instead of eliminating commercial vehicles they should be limited, such as allowing one commercial vchicle not exceeding one ton. 'l'he discussion focused on the one ton vehicle and whether that should be restricted. Brian Stumpf felt that since most of the complaints dealt with larger vehicles that should be the type of vehicle targeted by the ordinance amendment. . The Planning Commission had conducted two public hearings on the proposed amendment. Roy Popilek, a Planning Commission member. indicated that there was no one in attendance at the public hearings who spoke for or against the proposed ordinance amendment. The Planning Commission felt the proposed amendment would protect the residential areas /i'om the prcsence of large commercial vehicles. Clint Herbst asked if the Planning Commission had a concern about one ton trucks. Roy Popilek stated the Planning Commission didn't specifically address size when they reviewed this issue. Bruce Thielen expressed his concern that creating a document that was ambiguous might be worse than doing nothing at all and the Council did not feel the matter should be sent back to the Planning Commission again since they had already reviewed it twice. HRUCE THIELEN MOVED TO DENY THE AMENDMENT TO MONTICELLO ZON1NG ORDINANCE CHAPTER 3. ESTABLISllINCi REGULATIONS FOR COMMERCIAL, VEIIlCLES IN RESIDENT1AL DISTRICTS. BRIAN STUMPF SECONDED 'llIE MCHION. Roger Carlson voiced his opposition stating that a lot of work had gone into the ordinance amendment. There was further discussion by the Council on the ordinance amendment. Bruce Thielen withdrew his motion to deny the ordinance amendment. . BRUCE THIELEN MOVED TO TABLE THIS ORDINANCE AMENDMENT AND HA VE STAFF DO FURTIIER RESEARCH TO RESOLVI.: 'l"1--IE ISSUE OF VEHICLE SIZE. BRIAN ST'UMPF SECONDED TlIE MCrrION. MOTION CARRIED WITH ROGER CARLSON VOTING IN OPPOSITION. 5 . . . ORDINANCE NO. CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING MONTICELLO ZONING ORDINANCE. CHAPTER 3. SECTION 3-5, [0] 7, BY ADDING SUBSECTIONS (A) AND (8), ESTABLISHING REGULATIONS FOR COMMERCIAL VEHICLES IN RESIDENTIAL DISTRICTS: THE CITY OF MONTICELLO DOES ORDAIN: Title 10, Chapter 3, Section 3-5, [0] 7 is hereby amended to read as follO\vs: 7. Off-street parking faci I ities accessory to residential use may be uti I ized 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. 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 establ ishments. W For the purpose of this section. a commercial vehicles or equ ipment (buses. trucks. truck-tractors. vans. and the like).shall be defined as. i. Anv vehicle with Minnesota license plates carrvin!.! a desi2:nation of "BY" (bus. excePt as provided below), "CZ" (commercial zone truck): or ii. Anv vehicle with Minnesota license plates carrvin!.! a desi~nation of"Y" (truck with Minnesota base plate) or 'T' (farm truck). and displavinQ on the lower right corner of the license plate any ~ross vehicle wei"ht desi~nation of "F" throuQh "T": or iii. Anv vehicle with a ~ross vehicle weil!tlt in excess 01'9.000 Ibs. fQl Commercial vehicles. shall be subiect to all other provisions of this ordinance: however. the prohibitions of this Section shall not applv to the followin~: i. Commercial vehicles that are actual Iv in the process of be in!.! loaded or unloaded in the due course of business. ii. Commercial vehicles that are directlv ancillarv to construction and parked within 1.000 feet of the related construction site iii. Vehicles licensed with Disabilitv Plates. or displavinQ a Disabilitv Parkin~ Certificate. IV. One~ton passen!.!er vans used solelv for transportinQ persons. y, Vehicles owned and/or operated bv a 20vernmental a2encv. vi. Puhlic 111/(1 Nivate el11eruel1CI' vehicles such liS t/lOse used hI' Iw/ice. fire. securitl', vehicle fowillU, Imh/ic (llId privllte utim)' cOI11/Jlll1ies; however, sucl1 vel1icles 1I1l1st displ(ll' tile Ill/me oltl1e COI1lPlllII' providillf! the service 1//1(/ he el/uipped with e(fI(ipmellf tl1l/t 11/(/1' he used ill (111 emerltellCI' .\'ituutioll. . . . Planning Commission Agenda - 09/06/05 14. Public Hearine: Consideration of a request for an amendment to the Zonine Ordinance relatill1! to the re!wlation of pylon sienaee. Applicant: City of Monticello. (NAC) REFERENCE AND BACKGROUND The City Council, in approving the variance fix Denny Heckers' Kia pylon sign, requested that statT bring forward an amendment to address pylon signage for large properties along the interstate. Attached to this report is a draft amendment that would allow for pylon signs in these areas based on the amount of freeway frontage, rather than the number of street frontages. There are a few communities that regulate pylon signage in this manner, however these are part of a very small minority. This section was amended in 2001 to permit a second freestanding sign. This amendment would use 300 feet spacing as the standard along the freeway, rather than a iixed number of signs. The Counci I expressed concern that business owners along the freeway would not have adequate business exposure without such an amendment. The ordinance (Section 3-9 [E] 4.g.) would be amended as follows: (g) In the B-3 Zoning District only, certain parcels may be allowed to construct a second multiple freestanding sign~ on the property when the following conditions are complied with: i. The property directly abuts lnterstate 94 and one other collector (or higher) status street. ii. The property in question is no less than two (2) acres in area. iii. The socond No freestanding sign shall be located He closer than three hundred (300) feet from the fus.t nearest freestanding sign on the same property. iv. With the exception of the freeway frontage, Gonly one ofthe4we freestanding signs may be located within any yard (front, rear, or side) of the property. This clause shall be interpreted to mean that each sign shall be required to have a separate local roadway as its primary exposure. v. Where two or more freestanding signs are allowed, the sign~ that fronts on the road~ which serves as the primary access shall be of a monument design, with a maximum height often (10) feet and a maximum square footage of sixty (60) square feet. Planning Commission Agenda - 09/06/05 . vi. Where two or more freestanding signs are allowed, the sign~ that fronts- on the freeway exposure shall conform to the provisions of Section 3 [E] 4.( c) above. vii. This section shall not be applied to the calculations for signage when an applicant is seeking development design flexibility under the City's Planned Unit Development provisions. viii. Beth Each of the signs allowed under this subsection shall meet all other applicable provisions of the Monticello Zoning Ordinance. AL TERNA TIVF~ ACTIONS Decision 1: Zoning Amendment changing the number of pylon signs permitted on properties with freeway frontage. 1. Motion to recommend approval of the amendment as submitted. 2. Motion to recommend denial of the amendment as submitted. . STAFF RECOMMENDATION Planning staff is of the opinion that large buildings on large parcels have more than adequate opportunity to advertise their businesses without the proliferation of Creestanding signage. Additional signage often adds only to visual clutter and obscuring of neighboring business exposure, rather than clearer messages to the public. SUPPORTING DATA Exhibit A: Example Images . 2 . . . Planning Commission Agenda - 09/06/05 15. Consideration of an extension of approval of preliminary plat and review for conformance to previously approved preliminary plat for the Gould Addition. (JO/AS) REFERENCE AND BACKGROUND This item was reviewed by the Planning Commission in June of2002. At that time. Gould Brothers requested a preliminary plat that would essentially subdivide the display lot from the building parcel. At that time, the Planning Commission approved the preliminary plat, along with the request for Conditional Use Permit fen pun to allow the display area to be separate from the principal buildings. The City Council also subsequently approved the items. The extension and review requested is required by ordinance, as more than one year has passed betwecn the approval of those items and the request for final plat. Thc lapse was due to legal matters that have since been resolved regarding this plat. With a finding that the final plat is consistent with the approved preliminary plat, these items will be forwarded to the City Council for final approval. ALTERNATIVE ACTIONS Decision 1: Extension of approval of Preliminary Plat and Finding of eonflmnance of Final Plat to approved Preliminary Plat for the Gould Addition. 1 . Motion to extend the approval of preliminary plat for the Gould Addition for 1 additional year, based on a finding that the presented final plat consistent with the previously approved preliminary plat. 2. Motion of other. STAFF RECOMMENDATION Staff recommends alternative 1 above. SUPPORTING DATA Exhibit A: Exhibit B: Exhibit c: City Council Minutes of 6/1 0/02 Preliminary Plat of Gould Addition approved June, 2002 Final Plat (submitted August, 2005) . . . SE. IC"'A ,J City Council Agenda.. 06/J O!02 Considcration of a tOcQucst for conccpt and dcyelopment sta~c pun and Prcliminan' Plat to allow a subdivision of the Gould Chevrold propc"'y into two plattcd lots. Applicant: Could Bros. Cheyrolet. (NACI.lO) REFERENCI:: AND BACKGROUND (iould Chevrolet is seeking a subdivision of its property that would separate the display lot from the building parcel. The PUD is necessary to allow the property to continue to comply with the requirements of the Conditional Usc Permit f()r automobile sales lots and their relationship to principal buildings. It also allo\\is the display area to be situated on a lot separate from the lot on \vhich the building is located. The PUD docs not affect any of the construction issues on the property. The plat permits the owner to clarify outlot boundaries that were raised at the time of the original project revic\v The Planning Commission rccommended alternative 1 below. ALTERNATIVE ACTIONS 1. Motion to approve the PUD and Plat. based on findings that the project is materially the same as that previously approved y,ith the CUP. and with conditions that engineering review is completed and the project is found to consistent with that review. Motion to approve contingent on recording of a document linking parcels. thus eliminating potentia] of sale of necessary parking area needed to support the principal use. 2. Motion to deny the PUD and Plat. based on findings that the intent of the P1JD ordinance is not met. STAFF RECOMMENDATION Staff recommends approval of the P1JD and Preliminary Plat. The project is unaffected by this proposal. and the City \\.'ill continue to have review authority over any future improvements. The City Engineer will be reviewing easement and drainage issues that may be raised by the platting process, SUPPORTINCj OkrA Preliminary Plat ~-~y.~-'~~--'.' . ft.....----------.------.....------~,.......-----...""~ i; \: · 0 a.~ "t I~ ~~. ,~~~ 'l} E\ {E\ II ~ ~; a! ~ ~ fl ~S' l.I\~ ~i i I ! l li '"'" q ':l ~ ~ i / / / / ( / / I - I - JJ -, Jj , \ \ \ '~ W -.J <( U V1 ~ I i I -- _--I 'r L- - _ I I ---\-- _ I 0/ r ----, I :r-r \ , I / / \ / 1,/ \ 'I I!/ , i I If, , I g ~.J!I / I!f .;~:;, : : .~ I , , ,I .~ m' I. -, : ., I "" /, , . [;] r" ., \ J!': J ~ (1~71 :l /~t~\- _ _ ~~ " 't / j : \, 'It _ _ -:-- i', '" '. I 'II. "" ._...__ _ "", ,_ ,;: .,' " .// - ---;;:;:: c. =. I :ll " 1\ '\, '\ ~\ ./ , f ''I-- - I, ,. 'I ' :', ~/,' I:~ill " I , Ii "< 7 l' / ~ ,'f' '" r \ I d..... \ :2:,~ ' " "I, 'f." '1-~""'''''' " ,-.. I: '", , i',.:- _', ~ ", , .. . . ',. -:)- ; /. / " '\' i: " :,: 1!ih / I ~~ '~<~''''~I " :,' ~I~ '<. I. I "I' 1_," /' I "/ It__ tt I : ,-', I I r" . I C') I:: " /~..- ,,: / tI.1 J t:: {I ~t / \ '\ "M: 0/ ;jinH 'j If ill . / "'"/ · / t:! ~ I /f Nt j' / IJ..1._ I / I I " ,i / ;' r J.t~r . ') I I___~ ~..., ..0 ....-:: I , I /' /\// /" \ /' I /'" ~ /1; r / / / / / If" /1> "- j' J, " ~~; I I ~ ~.. fIj H ---/-i;"\}l; uV I I It t I It r - - -- -{ I I . . ~{ ~~ .. ~I~ ~I~ !\ " '-H l-- I ? ; ~ j ,~,::tm' ,r a,{'llfn \ Council Minutes - 6/10/02 . c. ('onsideration of appointment to the Design Advisory 'ream. Rccommcndation: Move to approve Roberta Cierads as a member of"the Design Advisory 'ream with her term expiring December 31,2003. n. Consideration of" concept stage PU D approval allowing for mixed residential and institutional uses in the R-1 Zoning District. Applicant: Church of St. I Ienry's and I lope Evangelical Free Church. Recommendation: Approve the concept stage PUD, utilizing parking lot option A with conditions that the applicant provide a site survey, building elevations illustrating exterior changes, utility plans and landscaping plan. E. Consideration of concept stage and development stage planned unit development and preliminary plat allowing oiT-site sales and display associated with principal car dealership use- Applicant: Gould Brothers Chevrolet. Recommcndation: Move to approve the pun and preliminary plat based on findings that the project is materially the same as that previously approved with the CUP and with conditions that engineering review is completed and the project is found to be consistent with that review and motion is contingent upon recording of a document linking parcels, thus eliminating potential sale of necessary parking area need to support the principal use. F. Consideration of resolution accepting petition and calling for a feasibility study on development of Cedar Street roadway and utility improvement from Dundas Road to Kjellberg East Mobile Home Parle Applicant: Ocello Recommcndation: Adopt the resolution accepting petition and authorizing City Engineer to complete a feasibility study on construction of utility and roadway improvements along the Cedar Street right-or-way 11'om the northern boundary of Kjellberg East Mobile Home Park to the intersection of Cedar Street and Dundas Road. . G. Consideration ofresolution accepting bids and awarding contract for construction of the Clroveland 3rd Street and Utility Project No. 2002-02C:. Recommendation: Adopt a resolution a\varding the bid to C.W. Houle in the amount of$660J-\68.60 contingent upon execution of a development agreement for Groveland 3rd Addition. receipt of all necessary funding and reeording of the final plat. BRUCE THIELEN MOVED TO APPROVE THE CONSENT AGENDA. CLINT HERBST' SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Considcration of items ,.clllovcd from the conscnt ~H!cnda for discussion. None. 7. Public I-learint! - Surmlemcntal hearint! on CSAH 75 Improvements, Proieet No. 2000- 16C (Prairie West Additions). .-" Public Works Director. John Simola. noted that representatives from Wright County were to - / . 16. . . Planning Commission Agenda - 09/06/05 Consideration to review for approval the Monticello Hil!hlands landscape plan. REFERENCE AND BACKGROUND No landscape plan had been provided as of 1 :00 PM on Thursday, September 1 st.