Loading...
Planning Commission Agenda 02-03-1998 AG NDA REGULAR MEETING ~ MONTIC LLO PLANNING COMMISSION Tuesday, Febru 3,1998 - 7 p.m. ... Members: Dick Frie, Richard Carlson, Di k Martie, Rod Dragsten, Robbie Smith 1. Call to order. 2. Approval of minutes of the regular eting held January 6, 1998. 3.. '.'€onsideration of adding items to the " \ 4. Citizens comments. 5. Public Hearing--Consideration of a v riance within the R-2 zoning district to locate a building within the required 30-ft front yard setback area and within the 20-ft side yard setback area. Ap licant, Jerry Sonsteby. 6. Public Hearing--Consideration of a r quest for a conditional use permit for final PUD approval on Phase I of the Hos ital Campus. Applicant, Monticello-Big Lake Community Hospital District. 7. Public Hearing--Consideration of an xtension of the conditional use permit for Resurrection Lutheran Church. App icant, Mark Paschke, Hagemeister and Mac Architects, Inc. .. 8. Public Hearing--Consideration of an endment to the comprehensive plan by eliminating the Fallon Avenue overp ss. Applicant, St. Henry's Church. 9. Consideration of calling for a public earing adopting amendments to the city zoning map and ordinances relating 0 the establishment of the Central Community District (CCD) and trans'tional rezonings including the consideration of performance zone- xed (PZM) district. Applicant, City of Monticello. 10. Update and discussion of appoint me ts to the Design Advisory Team (DAT). 11. Consideration of calling for a public earing for an amendment to the comprehensive plan guiding land us and planning for related services in the areas adjacent to the city's south and west boundaries. Applicant, City of Monticello. 12. Updates. .....-'-~ ... A. B. Community Center. Highway 25 Project. 13. Adjournment. . . . MINU ES REGULAR MEETING - MONTICE LO PLANNING COMMISSION Tuesday, January , 1998 - 7 p.m. Members Present: Dick Frie, Richard Carlso , Dick Martie, Rod Dragsten, Robbie Smith Council Liaison Present: Clint Herbst StatTPresent: Fred Patch, Steve Grittm n 1. Call to order. Chairman Frie called the meeting to order 7:05 p.m. and introduced Robbie Smith as the newest member of the Planning Commi sion. Robbie Smith was congratulated and welcomed to his appointment. 2. A rovalofmin f h i meeting held December 2. 1997. A MOTION WAS MADE BY ROD DRA STEN TO APPROVE THE MINUTES OF THE SPECIAL MEETING HELD DECE ER 1, 1997. MOTION SECONDED BY DICK MARTIE. Motion passed unanimously. A MOTION WAS MADE BY RICHARD ARLSON TO APPROVE THE MINUTES OF THE REGULAR MEETING HELD D CEMBER 2, 1997. MOTION SECONDED BY ROD DRAGSTEN. Motion passed unanimously. 3. Chairman Frie added item 16 c. Di Rod Dragsten added item 16 d. Page 1 . . . 4. Citizens comments. No comments were heard. 5. Staff report on this item was presented by red Patch. Patch explained that the Planning Commission is requested to re-hold the req ired public hearing in response to the insufficient publication of this item. This iem was not published to reflect the possibility that the property could be rezoned from th Medium Density Residential (R-3) Zoning District to the Single and Two-Family Resi ential (R-2) Zoning District Chairman Frie opened the public hearing a d recognized Debbie Tibbetts of227 Crocus Lane. Ms. Tibbetts spoke in favor of the r oning oftheKlucas property toR..;2 Single & 2 Family Residential. Dan Goeman, Realto for Mr. Klucas made comments regarding the owner's disfavor ofthe rezoning to R-2. Hearing no other comments, Chairman Frie closed the public hearing. Richard Carlson spoke in favor of the R-20ning classification of the property. Rod Dragsten expressed that he feels that the pr perty would more appropriately be zoned 1-1 Light Industrial in that the rezoning to R-2 ould likely have adverse impacts on the development ofl-2 property of Electro Ind stries, Inc. to the west of the Klucas property. Steve Grittman noted that between R-2 an 1-2 zoning districts that buffer yards would be required upon future development. MOTION BY DICK MARTIE TO RECO ND TO THE CITY COUNCIL THAT THE 20.76 ACREKLUCASPROPERTY ., DRESSED 19&0 RIVER STREET WEST BE REZONED FROM R-3 MEDIUM DE SITY RESIDENTIAL TO R-2 SINGLE & 2 FAMILY RESIDENTIAL BASED UPON THE FINDING THAT R-2 PROVIDES A MORE COMPATffiLE TRANSITION BE WEEN NEIGHBORHOODS AND THAT THE R-2 ZONING DISTRICT DESIGNA ION ISCONSTSTENTWITH THE COMPREHENSIVE PLAN. MOTION S CONDED BY RICHARD CARLSON. Motion passed with commissioners Dick F e, Richard Carlson, Dick Martie and Robbie Smith voting in favor and Rod Dragsten vo ing in opposition to the motion. Page 2 . 6. . . Staff report on this item was presented by Seve Grittman. It was recognized this application for variance is being processed p nding designation oftheCCD Zoning District area. It is likely that this property ill be within the CCD District and as such, awnings projecting over the public right-of- ay will be encouraged. Chairman Frie opened the public hearing an recognized Chip Bauer, contractor for Richard K1ine.,~ner of Ernie's Bait.-Chip auer discussed construction details and limitations. Richard Kline stated that he w s hopeful that the commission would allow the variance as it would enable him to impr ve the appearance of his property. Hearing no other comments, Chairman Fri closed the public hearing. The commission noted that a license must b obtained from Wright County to permit private property extensions over the public . ght-of-way and discussed the proposed height and projection of the awning. After ubstantial discussion it was agreed that consistency in awning height is important t thear-chitecturalaestheticofthe.downtown area. MOTION BY RICHARD CARLSON TO PROVE THE APPLICATION FOR A VARIANCE BASED ON THE FINDING THAT THE VARIANCE IS SUPPORTED BY THE COMPREHENSlVEPLANFO THE DOWNTOWN AREA, THAT THE AWNING IS WELL PROPORTIONED TO THE BUILDING, AND THAT A PENDING ZONING AMENDMENT W L AVOID NEGATIVE PRECEDENT; AND SUBJECT TO THE FOLLOWING CO ITIONS: 1. MINIMUM 8-FT CLEARANCE BET N THE LOWEST PORTION OF T1-ffi AWNING OR ITS STRUCTURE AND THE GROUND SURF ACE BELOW. 2. MIN1MUM 3-FT CLEARANCE BET EN Tl-ffi FACE OF T1-ffi CURB AND THE CLOSEST PROJECTION OF THE AWNING OR S RUCTURE. 3. EXECUTION OF A LICENSE AGREE NT BETWEEN THE PROPERTY OWNER AND THE LOCAL GOVERNMENT WITH JURIS ICTION OVER TI-ffi RIGHT-OF-WAY, EITHER COUNTY OR CITY. MOTION SECONDED BY ROBBlE S Motion passed unanimously. Po e 3 . . . 7. f- Staff report on this item was presented by St ve Grittman. It was recognized this application for variance is being processed p nding designation oftheCCD Zoning District area. It is likely that this property w 11 be within the CCD District and as such, awnings projecting over the public right-of- ay will be encouraged. Chairman Frie opened the public hearing an recognized Steve Johnson, owner ofthe property. SteY~ Johnson discussed construe ion details and limitations notingthatthe structure would be 8 to 9 feet above the sid walk, would project approximately 3 feet from the face of the building and be spruce een in color. He also commented regarding signs proposed to be on the awnings. Steve Johnson stated that with repairs being made to the brick facade, this improvement to the uilding is the first in athree phase remodeling of the property that has been su ~ect to MCP review and approval. No lights are proposed to be installed within the awni g structure. Hearing no other comments, Chairman Frie losed the public hearing. Commissioners spoke in favor of the awnin structure and noted that a license must be obtained from Wright County to permit pri ate property extensions over the public right- of-way. MOTION BY DICK MARTIE TO APPRO THE APPLICATION FOR A VARIANCE BASED ON THE FINDINGS THAT THE VARIANCE IS SUPPORTED BY THE COMPREHENSIVE PLAN FOR THE DOWNTOWN AREA, THAT THE AWNING IS WELL PROPORTIONED T THEBUlLDING, AND THAT A PENDING ZONING AMENDMENT WIL AVOID NEGATIVE PRECEDENT; AND SUBJECT TO THE FOLLOWING COND TIONS: 1. MINIMUM 8-FT CLEARANCE BETWEE THE LOWEST PORTION OF THE AWNING OR ITS STRUCTURE AND TI-IE GROUND URF ACE BELOW. 2. MINIMUM 3-FT CLEARANCE BETWE TIIE FACE OF TI-IE CURB AND TI-IE CLOSEST PROJECTION OF THE AWNING OR ST UCTURE. 3. EXECUTION OF A LICENSE AGREE NT BETWEEN THE PROPERTY OWNER AND THE LOCAL GOVERNMENT WITH JURISDI TION OVER THE RIGHT-OF-WAY, EITHER COUNTY OR CITY. MOTION SECONDED BY ROD DRAGS EN. Motion passed unanimously. Page 4 . . . 8. Staff report on this item was presented by Seve Grittman. Steve Grittman reviewed a new site plan made available by Dan Goema at the meeting. The new site plan proposed to eliminate the second curb cut and drivew y on the west side of the front of the property. The .one drive entrance proposed nthe east side of the front of the property would be 24 feet in width and at least 5 feet setback from the side property line. Steve Grittman stated that as the subject property d adjacent properties are all within the PZM Zoning District, no buffer yards are require ; however, the parking lot must be screened from adjacent residential properties. Steve . man presented a letter to the Commission from Mr. & Mrs. Seestrom of 11474 Cleme ta Ave. NW. Who wrote in favor of the conditional use permit provided a wooden b sket weave screening fence is installed on the west property line to screen their property om the parking lot. Chairman Frie opened the public hearing an recognized Dan Goeman. Mr. Goeman presented his plan regarding the change in se of the property and stated that he would prefer to maintain the existing two curb cut , and to not install concrete curb and gutter around the parking lot and drive areas. He elt that omission of curb and gutter would help to maintain the residential character of the area. Hearing no other comments, Chairman Frie closed the public hearing. Commissioner Carlson expressed concerns egarding the residential character of East Broadway and would like the Commission 0 give further consideration to the future residential or commercial redevelopment 0 the area along East Broadway. Chairman Frie recognized Joe Holtaus. Mr. Holtaus state that he would preferto seethe residential character of the area maintained and felt th t curb and gutter would be commercial in nature. The Commission was in favor of d ferring the installation of required concrete curb and gutter. Fred Patch suggested tha on-site bonding may provide a surety to enable the curb and sutter to be deferred and yet rovide some guarantee of future installation if the commercial use of the property would ontinue for more than two years. MOTION BY DICK FRIE TO RECO ND TO THE CITY COUNCIL THAT A CONDITIONALUSEPERMIT BE ALL WED FOR A COMMERCIAL OFFICE IN THE PZM ZONING DISTRICT BASED ON A FINDING THAT THE PROPOSED USE WOULD BE COMPATIBLE WITH THE COMPREHENSIVE PLAN FOR THE AREA, AND SUBJECT TO THE FOLL WING CONDITIONS: 1. A PLAN FOR LANDSCAPING AND S ~ENING OF THE PARKING AREA FROM ADJACENT RESIDENTIAL USES IS P OVIDED, TOGETHER WITH THE APPROPRIATE LANDSCAPE SURETY. 2. ONE OF THE EXISTING 12.FT CURB UTS AND DRIVEWAYS IS ELIMINATED, AND THE OTHER IS WIDENED TO A TW . WAY, 24-FT WIDE DRIVEWAY. Page 5 . . . 3. THE BUILDING OFFICIAL CERTIFIES STRUCTURE AS MEETING THE BUILDING CODES APPLICABLE TO COMMERC OFFICE BUILDINGS. 4. AN ON-SITE SURETY IN THE FORM 0 A PERFORMANCE BOND OR LETTER OF CREDIT MUST BE PROVIDED TO THE ITY GUARANTEEING THAT WITHIN TWO YEARS OF THE CITY COUNCIL APPRO AL OF THIS CONDITIONAL USE PERMIT, CONCRETE CURB AND GUTTER WILL E INSTALLED AROUND ALL DRIVEWAY AND PARKING AREAS AS REQUIRED BY CI Y ORDINANCE. 9. MOTION SECONDED BY ROD DRAGS Motion passed unanimously. Fred Patch presented the staff report for thi item. It was explained that city ordinance allows only four signs to be erected on the roperty. Two of the signs must be product identification signs and two must be busines identification signs. Both business identification signs areto be wail signs. On business identification sign may be a pylon sign and the other must be a wall sign. No ore than 100 square feet of sign may be erected on any wall, and the pylon sign mus not exceed 58 square feet in area. It was explained that to avoid the necessity of a v . ance, Kathy Froslie must reduce the area of proposed signs 00. the south wail of the buil ing by 17 square feet, and those signs mustbe constructed together to develop consistenc in design, material, shape and method of illumination. Chairman Frie opened the public hearing an recognized Kathy Froslie. Ms. Froslie explained that the uoing In Styte'" sign is lreadybuilt and hoped that it could be used. Mr. Patch stated that Ms. Froslie had been onsidering a redesign of the "Antiques"sign to make it a neon sign, similar to the "Going I Style" sign and 17 square feet smaller in size. Robbie Smith expressed concern regarding he number of signs and the possibility of "clutter" in the number of signs intended. Hearing no other comments, Chairman Fri closed the public hearing. MOTION BY ROBBIE SMITH TO REC MMEND TO THE CITY COUNCIL THAT A CONDITIONAL USE PERMIT BE ALOWEDFOR THE ERECTION OFSIGNS AT 103 PINE STREET, SUBJECT TO FOLLOWING CONDITIONS: 1. ONLY THREE (3) WALL SIGNS AND NE (1) PYLON SIGN MAY BE ALLOWED. ONLY TWO (2) WALL SIGNS MAY BE BUSINESS IDENTIFICATION SIGNS AND ONE (I) WALL SIGNMAYBE A PROIJUCTID CATION SIGN. ONE (1) PYLON SIGN MAY BE ALLOWED AND THAT SIGN MUS BE A PRODUCT IDENTIFICATION SIGN TO INCLUDE A LISTING OF AVAILABLE RODUCTS AND SERVICES. . . . 2. THE TOTAL AREA OF SIGNS TO BE E CTED ON ANY WALL OF THE BUll,DING MUST NOT EXCEED 100 SQ FT IN AREA AND THE PYLON SIGN MUST NOT EXCEED 58 SQUARE FEET IN AREA. AS A NEW SIGN IS BEING ERECTED 0 THE SOUTH SIDE OF THE BUll,DING, THE SIGN PLAN MUST BE REDESIGNED T DEVELOP SIGNS FOR THE SOUTH SIDE OF THE BUll,DING TIIA T ARE CONSISTENT DESIGN, MATERIAL, SHAPE AND METHOD OF ILLUMINATION. ANY FUTURE AL TERA nON OF SIGNS MUST BE CONSISTENT WITH TillS CONDJTIONAL USE PERMIT. PRIOR T ALTERING ANY SIGNS, THE PROPERTY OWNER MUST APPLY FOR AND RECE VE A SIGN PERMIT FROM THE ZONING ADMINISTRATOR. lHEZONINGAD ISTRATORMAY FIND THAT THE APPLICATION IS CONSISTENT WITH illS CONDITIONAL USE PERMIT AND ISSUE A PERMIT FOR THE ALTERATION, OT RWISE THE APPLICANT MUST RECEIVE FURTHER AMENDMENT TO THIS CO ITIONAL USE PERMIT. 3. 4. 10. and MOTION SECONDED BY DICK MART Motion passed unanimously. The Planning Commission requested that it ms 10 and 11, both referring to Danner Trucking, be discussed anhe same time.S affreport onthis item was presented by Steve Grittman. Mr. Grittman provided backgro nd information regarding the proposed ordinance and described various requireme ts contained within the proposed ordinance that are intended to mitigate possible undes rable effects an interim use for trucking and trucking services may have on neighboring ses. Mr. Grittman made several suggestions we e made regarding the plan presented in application for the interim use permit. It a pears that required customer parking spaces and semi trailer storage areas are insufficie t as presented. If an interim use permit were allowed, it was r-ecommendedthanhe inte muse permit be issued for a fixed term such as not exceed 5 years in duration. Chairman Frie opened the public hearing a d recognized Jim Flemming, attorney representing Mr. Danner. Mr.F1emming r iterated several points previously made to the Planning Commission. Hearing no other comments, Chairman Fri closed the public hearing. MOTION BY ROD DRAGS TEN TO RE OMMEND TO THE CITY COUNCIL THAT THE ORDINANCE BE ADOPTED AME ING THE ZONING CODE TO ALLOW TRUCK REPAIR BY INTERIM USE PE T AS PROPOSED IN THE ORDINANCE INCLUDED AS EXHIBIT ~<A"BASED' PON THE FINDINGS THAT THE , AMENDMENT WOULD BE CONSIS T WITH THE CITY'S GOALS IN THE . T.H. 25 CORRIDOR AND WOULD BE C NSISTENT WITH THE INTENT OF THE B-3 ZONING DISTRICT. MOTION SECONDED BY DICK MARTI Motion passed unanimously. 11. 1. 2. 3. 4. . 5. 6. 7. 8. . MOTION BY ROD DRAGSTEN TO REC AN INTERIM USE PERMIT BE APPRO TO THE FOLLOWING CONDITIONS [ STAFF REPORT]: MMEND TO THE CITY COUNCIL THAT D FOR DANNER TRUCKING SUBJECT SO LISTED AS EXHIBIT "C" OF THE COMPLIANCE WITH THE TERMS OF l' ORDINANCE AMENDMENT ALLOWING TRUCKING SERVICE AS AN INTERIM SE IN THE B-3 DISTRICT. REVISION OF THE SITE PLAN TO SHO ADEQUATE PARKING (OR PARKING AREA) WITH APPROPRIATE IMPROVEMENT , INCLUDING PAVING AND CURBING. REVISION OF THE SITE PLAN TO SHO MORE THAN 6,000 SQ FT OF TRAll.ER PARKING AREA, WITH A GRAVEL S ACE AND A METHOD OF GRAVEL CONTAINMENT. SUBMISSION OF A LAND SURVEY SITE PLAN DRAWN TO SCALE DOCUMENTING ADEQUATE DIMENSIONS OF THE SIT TO ACCOMMODATE THE PROPOSED LAYOUT. SUBMISSION OF FINANCIAL GU EES TO ENSURE INST ALLA nON OF ALL IMPROVEMENTS AS SHOWN ON THE INAL SITE PLAN. EXECUTION OF A DEVELOPMENT CO TRACT FOR THE INTERIM USE PERMIT INDICA nNG A SPECIFIC TERMINA 1'1 N DATE FOR THE PERMIT, SIGNED BY THE CITY AND THE APPLICANT. COMPLIANCE WITH ALL BUILDING C DE REQUIREMENTS. THE APPLICANT MUST HAVE CONTR I. OF THE LAND AREA CONSIDERED FOR THE INTERIM USE AND AS DEPICTED BY HE PROPOSED SITE PLAN. THIS MOTION IS BASED ON A FIND G THAT THE INTERIM USE PERMIT ALLOWS THE CITY TO MANAGE THE CURRENT AND FUTURE LAND USE OF THE AREA, AND THE CONDITIONS A T ACHED TO THE PERMIT WOULD MITIGATE THE POTENTIAL NEGATI IMPACTS OF AN INDUSTRIAL USE IN THE COMMERCIAL DISTRICT. COND TIONAL USE PERMIT MOTION SECONDED BY RICHARD C Motion passed unanimously MOTION TO AMEND THE PREVIOUS OTION BY DRAGSTEN TO ADD A FURTHER CONDITION THAT THE IN ERIMUSE PERMIT HA VB A DURATION OF FIVE (5) YEARS FROM THE DATE F ISSUANCE BY THE CITY COUNCIL. Page 8 . . . MOTION SECONDED BY CARLSON Motion passed unanimously. 12. Fred Patch presented the staff report for thi item. Patch eXplained that the sign erected on the property was erected under a permit or temporary sign. He further explained that because ofthe architectural character and 10 ation of the existing building, the pylon sign appears to be more appropriate than wall si ns. Chairman Frie opened the public hearing, re ognizing Larry Carter, owner ofthe property. Mr. Carter explained that he had erected th sign in November prior to gaining a permit for permanent sign due to impending frost. Hearing no other public comments, Chairm Frie closed the public hearing. The Planning Commission considered the 10 ation of the sign and concluded that the placement wa,Sappropriate due to site cond'tions. It was determine that traffic visibility would not be obstructed by the sign as only right turns can be made when exiting the driveway. MOTION BY DICK MARTIE TO APPR VE THE APPLICATION FOR A V ARIANCEALLOWING APYLONSIG roBE ERECTED WITH 0 FEET SETBACK FROM THE FRONT PROPE Y LINE BASED ON THE FINDINGS TRA T THE VARIANCE WILL NOT RA E ADVERSE IMP ACTS UPON ADJACENT PROPERTY, TRAFFIC, P LIC SAFETY OR DIMINISH PROPERTY VALVES, AND THAT THE VARIANCE. ILL PROVIDE A MORE REASONABLE OPPORTUNITY TO ADVERTISE THE XISTING PERMITTED BUSINESS USE OF THE PROPERTY; AND SUBJECT T THE FOLLOWING CONDITIONS: 1. THE FUTIJRE SIGNS TRA T MAY BE E CTED UPON THE PROPOSED SIGN STRUCTURE WILL BE CONSIDERED LOWED USES, NOT REQUIRING FUTURE VARIANCE IF THE REQUIRED SIGN P JRMITS ARE OBT AlNED FROM THE BUILDING OFFICIAL. FUTURE SIGNS ERECTED ON THE SI N STRUCTURE MUST NOT BE IDGHER NOR LARGER IN AREA THAN ALLOWED B THIS VARIANCE IF GRANTED. THIS VARIANCE WilL EXPIRE WITH HE BUILDING. IF THE BUILDING IS RAZED, OR ALTERED TO PERMIT THE ERECTIO OF A CONFORMING PYLON SIGN, THEN THE SIGN STRUCTURE AND SIGN ALLO D BY THIS VARIANCE MUST BE REMOVED AND ANY FUTURE SIGN MUST BE E TO CONFORM TO CITY ORDINANCES EXCEPT AS OTHERWISE APPROVED Y CITY COUNCIL. 2. 3. Page 9 . . . 13. MOTION SECONDED BY RICHARD C Motion passed unanimously. Steve Grittman reported that St. Henry's is equesting a continuance pending a proposed change to the City Comprehensive Plan. A etter further explaining the position of St. Henry's was provided to the Planning Co 'ssion. 14. Fred Patch presented the staff report for thi item. The effects of the existing and new ordinance were .explained. The commission expressed that this is a long overdue change and makes sense. Chairman Frie opened the public Hearing. . Robin Peikert of 2880 Red Oak Circle was recognized. Mr. Peikert expressed concern regarding the elimination ofthe 2 foot setback requirement for fences. Patch expl 'ned social consequences, enforcement difficulties, private property rights and the ossible adverse possession actions that could come from confusion of property line locati ns caused by setback fences. Mr. Glen Posusta of 10383 Kahler Ave. , and owner of Amax Storage spoke against the new ordinance in its prohibition of new arbed wire fences in the city. He stated that he would see barbed wire around the top 0 a fence that may be erected on his business property as good advertising for security, Hearing no other comments, Chairman Frie closed the public hearing. The Commission discussed the favorable as ects of the proposed ordinance regulating fences. MOTION ROBBIE SMITH TO RECO ND TO THE CITY COUNCIL THAT THE ORDINANCE AMENDING CHAPTER 3 SECTION 2 ITEM [F] OF THE MONTICELLO ZONING ORDINANCE, ST ABLISHING REGULATIONS FOR THE INST ALLATION OF FENCES BE ADO TED. MOTION SECONDED BY ROD DRAG TEN. Motion unanimously approved. Page 10 . . . 15. Di Chairman Frie, and Commissioners Carlson and Dragsten will attend the Comprehensive Planning Workshop in S1. Cloud on Februa 26, 1998 from 9:00 a.m. until 4:00 p.m. Commissioner Smith will attend a Planning 'Basics" Workshop in St. Cloud on April 18, 1998 from 9:00 a.m. until 4:00 p.m. 16. Updates: A. Steve Grittman stated that the City ad held an informational workshop on Monday January 5, 1998. Public co ents received at the meeting induded concern that the boundaries of the CD District included much more than previously anticipated. The CCD istrict boundaries will be coming before the Commission at the February meetin . B. C. Rod Dragsten announced that the CP Annual Meeting will be held January 14, 1998 at 6:30 p.m. at the Monticello High School, and invited all Commissioners to attend. 17. Adjournment MOTION BY ROD DRAGS TEN, SECO ED BY ROBBIE SMITH TO ADJOURN THE MEETING AT 10:25 P.M. Motion passed unanimously. Page 1 . . . Planning Commission Agenda - 2/3/98 5. No information had yet been receive from the Chief Building Official at printing time. . . . PLANNING COMMISSION 213198 5. A Mr. Jerry Sonsteby, owner of a residence loc ted in the R-2 Single and Two Family Zoning District at 300 East 3rdStreet, is req esting that a variance be considered to allow a new residence to be constructed within the required 30 foot front yard setback area, and within the 20 foot side yard setback area. T e existing residence was heavily damaged by the July 1, 1997 windstorm. It is proposed t at the existing residence will be tom down and that a new residence will be built in the s me location. When originally developed the present Zoni Code of the City had not been adopted. The Zoning Code currently requires that wh never a non-conforming building is destroyed to more than 50 percent of its estimated mar et value, then the land and building shall be subject to all the regulations specified in the oning Code. The proposed new house is to be 26 to 28 feet in width and 42 feet in lengt Variance Review: As previously noted, the applicant has reque ted a variance from the required 30 foot front yard setback area, and the required 20 foot . de yard setback area fronting upon a public street, as required within the R-2 Zoning Di trict. Section 23-3 ofthe ordinance requires that' consideration of variance applications, the Planning Commission must make findings th t approval of the variance will not: 1. Impair an adequate supply oflight d air to adjacent property. 2. Unreasonably increase the congestio of a public street. 3. Increase the danger offire or endan er the public safety. 4. Unreasonably diminish or impair est hlished property values within the neighborhood or in any other way b contrary to the intent of the ordinance. The Planning Commission must make a find ng that a non-economic hardship exists, and that the property cannot be put to reasonabl use if the variance is denied. A land survey and a proposed site plan are xpected to be available for Planning Commission to review in considering this v riance. The precise location of existing buildingls and the proposed location ofthe ew buildingls are unknown; however, according to Mr.Sonsteby it is unlike1ytha: a variance wiUbe required for the front yard facing 3rd Street; however, the new house i proposed to be approximately 5 feet from the side lot line along Palm Street, requiring a 15 foot variance from the required 20 foot side yard setback. . . . PI.ANNING COMMISSION 2/3/98 B. AL TERNA TIVE ACTIONS: A. Move to: Recommend to the City Co ncil that the variance be denied as the ordinance provides sufficien opportunity to erect a new residential structure upon the property n conformance with City ordinances. B. Move to: Recommend to the City Co ncil that a variance be granted to erect a residential structure within t e side yard setback area fronting on Palm Street contingent upon the fl Howing requirements: 1. 2. The res,idence must be ade to comply with aU other City Ordinances, except as otherwise approved y City Council. Making the rmdings that: 1. Locating the residence pon this corner lot according to City ordinances would unreasonably d. inish the opportunity to build a suitable house upon the lot. 2. The residential structu will not have adverse impacts upon adjacent property, traffic, public safety or diminish property values. c. 3. [Other fmdings as deter ined by the Commission.] STAFF RECOMMENDATION: Staff recommends Alternative "A". Findings for unique condition or non-economic hardship are insufficientto justifY a variance. This 66'by 16 'corner lot is typical for urban residential blocks. The granting of a variance may set unwant d precedent for future development and redevelopment on corner lots of urban residential bocks. If a new residence were constructed on the subject property in accordance with City ordinances, the maximum house width would be 36 feet. That idth is typical for residential construction and does not seem to unreasonably diminish the oppo nity to build a suitable house upon the lot. D. SUPPORTING DATA: Exhibit A - Copy of Applicable Ordinance Section: 3-1 [G] relating to non-conforming buildings. Exhibit B - Location Map. Exhibit C - Site Plan Exhibit D - Proposed Land Survey (to be available at Planning Commission Meeting) . . . > [E] [F] [G] [H] When any lawful non- onforming use of any structure or land in any district has been chan ed to a conforming use, it shall not thereafter be changed to any non conforming use. A lawful non-conformi g use of a str.lcture or parcel of land may be changed to lessen the on-conformity of use. Once a non-conforming structure or parcel of! d has been changed, it shall not thereafter be so altered to increas the non-conformity. If at any time a non-co orming building, structure, or use shall be destroyed to the extent of more than fifty (50) percent of its estimated market value, said val e to be determined by the City or County Assessor, then without further action by the Coucil, the building and the land on which such building was located or maintained shall, from and after the date of said destruction, be subject to all the regulations specified b these zoning regulations for the district in which such land and b 'ldings are located. Any building which is damaged to an extent 0 less than fifty (50) percent of its value may be restored to its forme extent, Estimate of the extent of damage or destruction shall be m de by the Building Inspector. Whenever a lawful non conforming use of a structure or land is discontinued for a peri d of six (6) months, any future use of said structure or land shall e made to conform with the provisions of this ordinance. [I] Normal maintenance 0 a building or other structure containing or related to a lawful non- onforming use is permitted, including necessary non-structur repairs and incidental alterations which do not physically extend 0 intensify the non-conforming use. [J] Normal maintenance, n cessary non-structural repairs, and incidental alteration of lawful non-conforming sign includes repair or maintenance of exist ng lettering done without changing the subject, form, or design of the lawful non-conforming sign, Alterations may be ma e to a building containing or related to a lawful non-conforming esidential unit when said alteration will improve the livability t ereof, provided the alteration will not increase the number of welling units. In the B-4 zone, alterations or expansion may be made to a building containing or related to a lawful non-conforming esidential unit when said alteration or expansion will improve he livability thereof, provided the alteration or expansion will not in rease the number of dwelling units and provided that such aIte ation or expansion shall not constitute more than 50 percent of est' ated market value. SA MONTICELLO ZONING ORDINANCE 3/2 h --- ,'~ """, ..:".......:>:.:-.........~---... ~::-~~ - t 3rd Street . 300 Eas LocatIOn: ~~ '<'~.. , I ! j --.I.- _ , (\ ~, <{ w ~ 1~i'2u- g~:~:d ....... c: l- ,!:: 0 -:: "0 Q,) Q,)"t:l Q,) ::::I VI l-.caeoQ,) .............. 0 <..> ~ o 0 c:...... ,- -l .!:: <( 0 o:::E . ex.:} I! _--J~ x ~ I- U o l"- co l"- "<t- I I I I ~~, ':, I '~. "'~ >- < :It w > we:: ::.:':0 0::. up.- .....CD Wz (/)- ''', '... . ~-, '~, >- W '-, 15::1i: I < '.. t;jff ... ~81O " '\, -Oa '. -3: \ . \ \.l..~ \:' , . ~" )8 I ~ " -, ( 1 r ; ...... \ '!.. - - -.) - , ~-.) \ ' \ :c ("i \.l..~ (/) a.. ... - => -:c (, CD = (/) ...._' N=> ~-~ .............1(-' _lL..... 1 \~_~ - , ,- , ' -, "I ~ :'l W ~~ti .,.,0::< ~lL.<:l ,~... 'O.t~ . q o ~\ ~ I '-. ;:1>, BITUMINOUS DRIVE ._'" .SV3~ .'iJ...RETE DRiVE' \;I 6l'~<;; 9IeoN\,. \ 1 V' -; d 'r '''''I 0 . , 1't g W I- ell ~ 'lei < 0 - >-ff ' a::: OJ! ~ 0 l-Clg (/)0 2:;:;: lOr<) N:lt"ltz 3:...1 .t2l" I-W Q) = :i Z:lt 1"')0 .......... .SV'3~, ~t'g91 00.<;;91 l() OJ OJ . c;j 0 ----.SV'3~ OL 'orr '.All:::> Cl d ,s'orr'l V'ld l.L.W '- 02: OJ ...I !:fw::.:': ""U . 00 o orr----~ c;j ffi ~-.. ; \ ~ -... ~ I-- u) ~ -.) (....--"', iE <( <( ') 6l -.J w (....\'\ ~-- CL ~ '" o CD ~., o. """ '-, VI \...... (.Q . "~ CDLO CD ~C .~d\l~q l ~_o CO 133~lS V\JlVd o as . I I I...'~~ -r ," I \00'1.' 't- - / ... _/ I ,~ (( _...J" \ I,., ,., -.., ;'" }of I I I I >.., ,. I \,. ,,. I I ...1 't -' /~... ...-/ , .~. . .-' - I -l- . ICELLO COMMUNITY DEVELOP NT DEPARTMENT 250 E. Broadway, PO Box 1147 Monticello, N 55362 (612) 295 2711 Planning Case tf: PUBLIC HEARING APPLICATION Check Requested Action: * NOTE: Necessary consulting fees .include cost to hav City Planner analyze variance, rezoning, & conditional use permit requests at the rate of $75Ihr. e need for City Planner assistance is determined solely by City staff. CONDITIONAL USE - $1 5.00 + all necessary consulting expenses* _ ZONING MAPI TEXT AM NOMENT - $250.00 + necessary consulting expenses* SIMPLE SUBDIVISION - 50 SPECIAL PLANNING CO SSION MEETING - $250 _ SUBDIVISION PLAT. $3 0 + $lOO/acre up to 10 acreSj $25/acre after 10 acres + expenses. City will refund excess of per-acre deposit. :!:........ VARIANCE REQUEST - 50 for setbackl$125 for others + nec. consult. expenses* _ OTHER - Fee $ P.pplicant Name: Address: Phone: Home: Property Address: .al Description of Property: _t Lot:~_j Block: :n 8, Current Zoning: Describe Request: _'-UG Other: t.. ., I-~I /~~l ..5--IC"e.~ f- Information provided by the applicant on this form is true an correct. )-q-ci e , /-7-98 Date Date . (CONT NUE ON BACK...) s.c. Date ReceivedJPaid: / /1 :J-/1;( Receipt Number: ,~j <:d.-S . Public Hearing Date: VCUSSAM.APP: 2/06//95 FOR ZONING MAP AMENDMENT ONLY: Proposed Zo ing: FOR SIMPLE SUBDMSION ONLY: Size of parcel to b divided: .OR SUBDMSION PLAT ONLY: Size of Parcel to be Patted: Name of Finn Preparing Subdivision Plat: Street Address: City: Acres FOR VARIANCE ONI.. Y: Please identify the Wlique prop rty conditions or hardship that exist that justifies granting a variance. A hardship exists when by reason of p operty narrowness, shallowness, shape, or exceptional topographic or water conditions, combines with strict applic tion of the terms of the ordinance result in exceptional difficulties when utilizing the parcel in a manner custom and legally permissible within the district in which the lot is located. Phone: he" 5 .~J a'-C ********************************************************* ****************************************************** (For City se Only) COMMENTS: , . $(: YCUSSAM.APP: 2/06//95 . 6. . . Planning Commission Agenda - 2/3/98 (NAC) At its January 12 meeting, the City ouncil approved the vacation of Hart Boulevard past the Hospital campus ite, subject to certain conditions, including approval of the final PUD. The Hospital District is now requesting final PUD approval for its first phase The first phase includes an expansion of the hospital building on its east si e toward the clinic building, together with parking lot expansion on the for er Hart Boulevard right-of-way, and the construction of the new entrance ocation for the project. Also proposed as part of Phase I would be the reloca ion of the helipad. The purpose of final PUD review is to ensure that issues identified earlier have been addressed, and conditions ecommended during the initial concept reviews have been complied with. W have summarized the issues and recommendations as follows: Phase I Issues: 1. Utilities in Hart Boulevard. T that city utilities may require would likely occur during the issue should be coordinated be Public Works Department. e public works department has noted aintenance or reconstruction, which ospital's parking lot construction. This een the Hospital and Monticello 11. Helipad. The helipad has been relocated from its original proposed location to the west. The new 1 cation will allow helicopter flight operations to occur without tra c interference with the Hospital's main entrance. Although it is till close to the County Highway, this is an improved location for the he ipad, and it appears to have County Highway Department support. Moreover, though hopefully not necessary, the Sheriff has indic ted his availability to manage traffic during flight operations. Final y, the County will have to convey a small triangle of property to th Hospital to accommodate the new location. Hi. Access to CSAH 75 (Broadway) The County has been reluctant to allow continued right-out egres from the main hospital driveway to Highway 75 at the west end of he project. There are currently two access points to the County Hig way in this location, and the County is asking that these be closed i exchange for approval of the revised hospital access drive. The City' position is that keeping one egress driveway in this location would facilitate circulation on the Hospital 2 . Planning Commission Agenda - 2/3/98 site and encourage traffic to se Broadway rather than River Street in the future. The Hospital's sit plan assumes that the driveway will be closed. While the proposed pI should work, the City should continue to lobby the County to retain he right-out egress to Broadway. In either case, the Hospital site Ian should reflect the continuation of a 3D-foot drive through the proj ct. The proposed site plan reduces the driveway width to 24 feet wes of the main entrance. Due to the volume of traffic and the pote tial for right-out egress to Broadway, the 3D-foot width should be re ained for the full length. As an additional matter, the hase I construction should be expanded to include the driveway const ction throughout the Hart Boulevard area, including along the fron of the dental clinic property. The site plan shows this area to be pro ammed as Phase II, part of the parking ramp construction. H wever, this area will be necessary to retain access for the three pro erty owners west of the Hospital affected by the vacation of Ha Boulevard. Assuming that the County will require closure of the cur nt access points as a condition of the new driveway location, the ac sses to the private property will have to be constructed concurrently with the rest of Phase I. . IV. . . This requirement consists of access provision to the other p operty owners affected by the vacation of Hart Boulevard, and coordi ation of the relocated access and intersection with CSAH 75 bet een the Hospital, the County, and the School District. The Hospital istrict has indicated that all parties are in agreement with the plan. T e City should include a condition requiring written approval fro the affected parties. Approval should be in the form ofletters from t e School District and County on the access location, and easement greements signed by the property owners sharing the Hospital a cess drive. The site plan has been modified to sh w compliance with setback violations raised in previous plans. The prima issue outstanding will be design of the parking ramp and circulation issues esulting from the ramp design. The previous approvals suggested that th ramp be designed in such a way as to preclude lower level access. This des' would greatly discourage traffic from using River Street as a campus ccess point. Combined with the right- out egress to Broadway, the design w uld facilitate better internal circulation without compromising traffic levels i the residential area to the west of the project. The site plan has not altered the design of the ramp other than to make it fit setback requirements. AI ough this will be a Phase II final PUD issue, the Hospital should be aware t at ramp design must be modified prior to any further approvals. . 3 . B. AL TERNATIVE ACTIONS: Planning Commission Agenda - 2/3/98 1. Motion to recommend approval of the conditional use permit for a final stage PUD for the Hospital Ca pus, contingent on the conditions listed in Exhibit X. This motio should be supported by a finding that the project meets the Monticell Comprehensive Plan goals and provides for a design which bet er meets the City's zoning objectives than strict enforcement of thos regulations would allow. 2. Motion to deny the conditional se permit for a final stage PUD based upon a finding that the project s not consistent with the comprehensive plan objectives s identified by the Planning Commission. 3. Motion to table action on the fi al stage PUD pending additional information. C. STAFF RECOMMENDATION: Staff is comfortable recommending ap roval of the final stage PUD. Although some issues are still to be a dressed, these are primarily details which are commonly worked out and onitored by staff as the project proceeds toward construction. The 0 y change of significance to the site plan would be the negotiation with th County for the right-out egress drive to Broadway. This change would not ffect the remainder of the project design, however. . D. SUPPORTING DATA: Exhibit A - Site Plan - Phase I Final UD Exhibit B - Phasing Plan Exhibit C - Building Elevations Exhibit D ~ Conditions of Approval . 4 '-~ .~~ IIlG ,.~ ],1 ~l ~ ~ rI~ ~~} ~! ~'~i! -, ,.~ ~' ~~~ 51! . 'Ii i I i I! I II I! I i I ,<I II ,IIJ ,I, Cl ....J ::> <( 1:- : I II I 0..: ill I- ;~ 1 ,~ I" (f) I- ....J <( ~ I II I I <( ::r: llJ z j, ,\i z a... ::;) ~ ...- u:: (f) ~ ~ q f. 1~ J~ : ~ ......~ ~// .// ~...",;;":,:,:",,,,:,,- 0 !; "';jWZ:mi!I~J~"',O 0 ................... ...................., ...............~/' o "- (v (v ,'7;' v-/ o c) / . / (=~ ~~. U III ^' " . u.. e. ~ ~1 a.. " .. 0:: " , r I r .j ~f i 'I Iii I ! I "II U I i" j .. v' I i I!I : It III ~;II II '" ~ i '" '" .... Id i '" 0 814m '" ...J ' --.,' 4" (P-I ,~ ~-J :.J.JWz<c ,,~ 0~~1::: (t~-;."'I i= -J ~ D- ,~Z ::?- U) 0(900 2rnCl:t: >- 1-1- -U Z_ 0:::> a: -1~1-- "5:00 '~ u100 - I UO-1 ~ ~~;: O.q;a: :E-1OO ,,0 _I: OJ ,;S 4<' .~Q: ... .f' . #..:i'.i> (;flf~ -V -9-,~ "w!' :y . .~...... / .......~ ./".....----------, / / l / '. /1 .",........ ., I I I -.........,/ / ./ // I / // I I I I / / . ~' ~ /,'1. ~. ~, / /,"> ~~~ ;2~ ~ :.~ '.l ~ ~ njU Z " )~~-. ~-.::.---.. < s ~ :..,., -.:( ~- T 5-1 ~I .... I ~ I:. ~L~;;~~~~,'i~ ~ i i i nJ,H ! " . ;, ;. :III II I 1:' '1' ~ ( i~ ,- :z: <t: --l 0... W f- CJ) , i ., ~ ~ , liHL ~;;:~~ ~ ~ j i ~,l ./ . / . ~"J .' ~~./ \.;<0 " 0'0./ '0 ' / / ,;~* .~., ,~.... "v ~ i~~~~ {,I) .. _ ~qH~i ~ ~ -- - ---;..- - -;; 9 ~ t ~ L ; i5 a .. .... . ~,--! " s j ~ _ ~ ~;L; ~:; ;;~~; '<Ui~g~.1' ~ ~ j ~ ~.,2._"._.3_ ~ I~ I: /: 11-2- z <t: --l 0... W f- if) -- . o >- . ~ ::l w !:: ...J . W::.;::Z<c ~~ C> <( => I- ~ 1---l~CL Z :::E(J) ae<!lOO -.:: c:l Q :J: ~ Ii iO:~On ---r z,1 1 9. '. 1 ... I : ~ I'. t:r1=-cr ;.I----l---... I ,l--,-,c-=-+- ---Cl . ...., -~ ~ .,-. ! ~.I I/o ':. ~I, t;l~ ,.~ !I~ Ii '. i\: kl~ ~. i"1 ' .. .. G:: ,.~ 'i, rJ. i III , h fl' ~I; I \ . 'i I It: I I I ! eil) d -../, , ' -I' ,I l' ,.tl.... I~ "I',' " '~ ,I " '~ ,rf: " " '" I I j. !.L ~ ...... i}_ ~.j~ _~. j~ ~ ~ 0 I I 1 I I I I (, i 11 ! ~I I ; II ! ! Ii: ! ! i I i 1111 1 J ,I I > I Ii II J..I 1 J , ~.k ~ ~. j ~ ~' r · rt----- -,. ...~ ~ .M~'411 ~ ..." ~ T 1 , I i 1 1-----1-" LbJ Fo, -'1'1' iJ" I I------rl- l~____ 1 I ii-D.; ':D'I 1-0-+ 'r-, ,I ~ .~ ~. ~ ~~ ,~, i~ d ~ E i t;l~ ...J <c ...J .1- <(ql- z~~ -CLOJ u.. :::::> (J) ~ (lJe~ ~"'!O;:!o: ..,~~ ~::l'::lil5 :z:~:ll~~ i~~~a g~~il5 I'-----I<~ ~~~~ ~~ ~'-=.. fJ ~~ :~(J J.;j r~-~ 1 1 , ~~ ~:: f," l:J -... ~--~.~ I I ! 1 'D' ...~' 1 I.. ,," 'i ' I J;::;_,I,~- :: ~I ';;';'.:,.1 I . ',,, " ,~;~ ;, 0- '] it1~~~:, 'q"'~' I -....:..-. -:.., "It. ....'.' ,.'\..1 ( I I "I,~." "f~'j ';-tj-I--ib::,r ,--~-,lh,'..,.k.l1Jl I 'I." ~ '0' (5 ~ ~-~ ~ ~ , . " UJ t- en I o => a.. I ' , I i 1 I ; I I , ~ " "I w l. ~I ~ ~ (t . . . Hospital Campus Final P . Phase I Conditions 1. Coordinate Hart Boulevard drivewa construction with public works department. 2. Document conveyance of property fr m County to accommodate helipad. 3. Revise site plan, if necessary, based pon negotiation with County Highway Department on right-out egress to B oadway. 4. Revise site plan to illustrate 3D-foot riveway for full length of project (from Hart Boulevard on the east to the en of the parking ramp on the west). 5. Revise the phasing plan to include d 'veway construction in front of the future parking ramp as Phase I consruction. 6. Provide documentation of access and arking easement agreements with all adjoining property owners north ofC AH 75 affected by Hart Boulevard vacation. 7. Provide written documentation of Co nty approval of new access driveway location for CSAH 75. 8. Provide written documentation of Sc 001 District agreement with new access driveway location as coordinated wit the Hospital and the County. 9. Preliminary site plan will be required to demonstrate access and egress to the parking ramp at the top level onI . 10. Compliance with all City Council con itions for the vacation of Hart Boulevard. Exhibit D - Hospital hase I Final PUD Conditions '-'if . . . 7. Planning Commission Agenda - 2/3/98 (F.P,) No information had yet been receive from the Chief Building Official at printing time. 5 . . . ... 1 PLANNING COMMISSION 213198 7. REFEREN E AND BACKGRO ND' On May 6, 1997 the Planning Commission c nsidered and recommended approval of a conditional use permit request to anow the esurrection Lutheran Church facility in the PS (Public/Semi-Public) Zoning District. 0 May 12, 1997 the City Council affirmed the recommendation of the Planning Commissio and approved the Conditional use Permit for Resurrection Lutheran Church. In anticipation of expiration of that Conditi nal Use Permit, Mark Paschke of Hagemeister and Mack Architects, Inc., on behalf of the hurch is requesting that the Planning Commission approve a one year extension 0 the Conditional Use Permit. It is anticipated that construction will begin ound April 15, 1998; however, to insure that land use considerations of the City do not in erfere, this extension will prevent expiration and the need to reconsider this item in its en irety. B. AL TERNA TIVE ACTIONS: recommend to the City Cou cil that the Conditional Use Permit to allow a .church facility in the PS (Pu lic/Semi...;Public) Zoning District for Resurrection Lutheran Chur h be extended for one year from the date of City Council approval of this extension. Motion to: C. STAFF RECOMMENDATION: Staff recommends approval of the extensio of the Conditional Use Permit. D. SUPPORTING DATA: Exhibit A - Copy of Minutes of Planning C mmission 5/6/97 Exhibit B - Copy of Minutes of City Counci 5/12/97 . . . 'I)-C{j Planning Commission Agenda - 5/6/97 12. 13. . Applicant. Resurrection Church. Steve Grittman, City Planner, report d that Resurrection Lutheran Church has applied for a rezoning of their pa cel at County Highway 118 and Fenning Avenue (east of the middle shoo!) from A-O, Agriculture to PS, Public and Semi-Public District. The P-S District is intended for land uses which are institutional in nature, an which have patterns of use which are different from the other large land us s. Church facilities are Conditional Uses in the P-S District, and as such, the Church has requested approval of a CUP as well. All action taken by the City on this application is conditioned 'upon final annexation of the parcel i 0 the City limits. There were no comments. Chairman Frie opened the public hea 'ng. Chairman Frie closed the public hea After a short discussion, DICK MART E MADE A MOTION TO APPROVE, SECONDED BY JON BOGART, THE REZONING OF THE SUBJECT PROPERTY TO P-S, PUBLIC & SEM -PUBLIC DISTRICT BASED ON THE FINDING THAT ESTABLISHMENT F A PS DISTRICT AT THIS LOCATION IS CONSISTENT WITH HE COMPREHENSIVE PLAN. Motion passed unanimously. RICHARD CARLSON MADE A MOT ON TO APPROVE, SECONDED BY ROD DRAGSTEN, A CONDITIONAL USE PERMIT FOR A RELIGIOUS INSTITUTION IN A P-S DISTRICT. Motion paseed unanimously. Page 1 7.Ac . . . G. cF I - 0 II Council Minutes - 5/12/97 Resurrection Church. Reco endation: Approve the conditional use permit to allow a church fa 'lity in a PS district with the following conditions: .. 1. The temporary te . nus of the paved parking area is constructed to co trol drainage and traffic to the satisfaction of the City Engineer. A rolled asphalt curb in this area would b an inexpensive suggestion to provide an interim impro ement. 2. The Church agre s to expand the paved parking area prior to building xpansion in the event that demonstrated par . ng demand exceeds the current supply. The Church works with the City to appropriately route the pathway aro d and/or through the property to connect with path ay routes to the east and west. 3. 4. The Church provi es a plan illustrating landscaping improvements, inc uding the control of storm water and erosion after cons ction. Approval is based upon the fin 'ng that the proposed use has met, or will meet with appropriate ch ges, the conditions as defined in the zoning ordinance, including ad quate traffic access and management, adequate setbacks to protect th neighborhood, adequate parking to accommodate the proposed use and compatibility with the neighborhood and comprehensi e plan objectives. Approval is also subject to completion of the exation proc~ss. .. _.'.~'~.~_____..._~...d.r.___. - ~~...~.-- ~-~-_.,-- .-- - . - - ~. ~.-.'~.. _.. ~ .. ~ _.. ..___ ._....... ," ~,r .'. ._. _...... ...._.....__....... ~~_ A MOTION WAS MADE BY BRUCE TH LEN AND SECONDED BY ROGER CARLSON TO APPROVE THE CONSEN AGENDA AS RECOMMENDED. Motion carried unanimously. . . - -".> . . ,',- .:'". ~.>~.,~<''''~ . -. ., -." ...:,.... .1.-: " ......"...;- . .... , .'.'.: ," ; :." ~"~' ': - :.". .~'.': . . ~.- . ""J~' 22-2: AMENDMENTS - INITIATION: The City Councilor Planning Commission may, upon their own motion, ini iate a request to amend the text or the district boundaries of this ordin nee. Any person owning real estate within the city may initiate a request t amend the district boundaries or text of this ordinance so as to affect the sai real estate. . 22-3: CONDITIONAL USE PERMIT: [A] PURPOSE: The purpose f a conditional use permit is to provide the City of Monticello with a easonable degree of discretion in determining the suitabili y of certain designated uses upon the general welfare, public health, an safety. In making this determination, whether or not the condi onal use is to be allowed, the City may consider the nature ofth adjoining land or buildings, whether or not a similar use is already i existence and located on the same premises or on other lands immedi tely close by, the effect upon traffic into and from the premises or on y adjoining roads, and all such other or further factors as the Cit shall deem a requisite of consideration in determining the effect of uch use on the general welfare, public health, and safety. . [B] RECONSIDERATION: henever an application for a conditional use permit has been consider d and denied by the City Council, a similar application for a conditio al use permit affecting substantially the same property shall not e considered again by the Planning Commission or City Co cil for at least six (6) months from the date of its denial; and a subsequ nt application affecting substantially the same property shall like . se not be considered again by the Planning Commission or City Co cil for an additional six (6) months from the date of the second denial unless a decision to reconsider such matter is made by the City Counci . . [C] LAPSE OF CONDITIO USE PERMIT BY NON-USE: Whenever within one (1) year after anting a conditional use permit the work as permitted by the permit hall not have been completed, then such permit shall become null and void unless a petition for extension of time in which to complet the work has been granted by the City Council. Such extension shall be requested in writing and filed with the City Clerk at least t irty (30) days before the expiration of the original conditional use ermit. There shall be no charge for the filing of such petition. The re uest for extension shall state facts showing a good faith attempt to co plete the work permitted in the conditional use permit. Such petiti n shall be presented to the Planning Commision for a reco endation and to the City Council for a decision. Further, whe ever a conditional use has not been in operation for a period of six (6) months, the conditional use shall be considered to be null an void. 7C MONTICELLO ZONING ORDINANCE 22/3 . {t...,; ill J,1N' ;~ ~ @ Hagemeister and Mack · Architects, Inc. 501 W. St. Germain, Suite 200 St. Cloud, MN 56301-3605 Tel.: 320 . 251 .9155 Fax: 320 . 251 .4919 CITY OF MONTICELLO January 14, 1998 Mr. Fred Patch Chief Building Official City of Monticello 250 East Broadway Monticello, MN 55362 Re: Resurrection Lutheran Church !y1onticello, MN Architect's Project No. 9661 . Dear Mr. Patch, This memo is in regards to our conversation this pas Monday afternoon, 1/12/98. On behalf of Resurrection Lutheran Church, we would like to file for an extension of the Conditional Use Permit granted the Church last year. The building p oject was pushed back to this Spring while the Church continued its fund-raising campaign. Th project will be rebid over the period from January 15 to February 12, 1998. Upon approval of he bid results, construction is anticipated to begin around April 15, 1998. We ask that you forw rd this memo to the Planning Commission and if there are any additional forms that need to be ubmitted, please contact our office. Sincerely, -J1~ ~ Mark Paschke Hagemeister and Mack Architects, Inc. . copy: Rick Wolfsteller, City Clerk Building Committee, Resurrection Lutheran hurch 7-( Members American Institute of Architects · Mlnne ota Society American Institute of Architects . . . 8. Planning Commission Agenda - 2/3/98 As you all recall (all but Robbie), a fe months ago St. Henry's Church requested that the Fallon Avenue bri ge be removed from the transportation portion of the comprehensive plan du to the interference of the view of the church from the freeway. The item as tabled pending additional analysis of the location and height of the bridge y the City Engineer and the Church ArchitectlEngineer. It now appears at there may be a design that is acceptable to the Church; therefore, t e Church has withdrawn its request. This is according to a phone message left to me on Thursday, January 29, by John Olson. B. ALTERNATIVE ACTIONS: 1. No action needed. C. STAFF RECOMMENDATION: None. D. SUPPORTING DATA: None. \ 6 Planning Commission Agenda - 2/3/98 . 9. (NAC) The City has adopted the text of a ne zoning district intended to implement the objectives of the downtown revital zation plan. At this time, staff is requesting that the Planning Commis ion consider rezoning a portion of the greater downtown area to the new dis rict, called the "CCD", Central Community District. Recently, an op n house was held for property owners in and near the downtown to review p oposed district lines and provide comment to the City regarding the im acts of the district on the area. The most commonly heard comment as in regard to the residential portions of the proposed district near the trans'tion line between CCD and (typically) R-2 neighborhoods. The concern refle ted in these comments was the CCD district's language which places co ercial uses above residential uses in terms of ease of administration. . As a result, staff will be requesting th t the CCD rezoning be considered at the Planning Commission's next mee 'ng, together with a transitional rezoning on certain properties utilizi g the existing PZM district. The PZM District permits R-1 and R-2 uses by ermitted use, and R-3 and B-2 uses by conditional use. With the underlying Revitalization Plan as the controlling comprehensive plan for the area, an e ective transition which protects the neighborhoods from inappropriate en roachments should be possible. B. ALTERNATIVE ACTIONS: 1. Motion to call for a public hea ng for rezoning in the downtown area. Staff believes that the rezonings sho ld be implemented at this time in order to provide some time to integrate the design review process and other new district regulations. A map of the pr posed rezoning lines is attached to this report. 2. Motion to defer calling for a p blic hearing . D. SUPPORTING DATA: Exhibit A - Proposed rezoning _on I _ . ,... rn, I <:: ~: .0. CI); UJ' z\ =1 x:~ I ! . '98 02:40PM CITY OF MONTICELLO P.9/9 i [ ! I '" i i : . ,. '-I . . . 10. Team. (NAC) Planning Commission Agenda - 2/3/98 The newly adopted Central Comm ity District (CCD) includes a provision for design review of projects propose within the greater downtown area. Staff and MCP representatives have been discussing the process for integrating the design review into t development review process of City staff and the Planning Commission. Because this is a new process for all involved, it was believed that the PI nning Commission should be made aware of the appointments to the De ign Advisory Team (DA T) and the process likely to come out of these di cussions. The appointments are listed on the attached memo from Rita m 'ch. These individuals were appointed to the DAT by Council on January 26, 998. It should be noted that discussion at staff level is ongoing, particularly as design review may relate to signs. T e process, at least for the initial applications, will include the followi g: Permitted Uses For these uses, the DAT's design re 'ew comments will be advisory only. That is, they will be intended to be i structive to an applicant, but would not necessarily affect the Building Offici I's review of an application for a building permit for a permitted use. s a result, the effectiveness of the DAT's comments will largely depend upon MCP's ability to advertise the design guidelines in advance of any ajor, or even minor, construction. Although this is particularly true for permitted uses, it is important for conditional uses as well. Procedurally, the DAT should get no ice of an application for a building permit application from the City's bIding inspection department staff. The DAT may waive certain procedural r quirements for plan submissions and formal review. Therefore, on permit d uses, the DAT may choose to provide only cursory review and oral comme ts, or it may choose to conduct a much more formal and thorough process. atever the case, if they become involved in a permitted use applicati n, they must abide by the open meeting law. With regard to a conditional us permit or input from the DAT to the EDA on expenditure of public funds r private use, the DAT must uphold all meeting laws, which will require es lishment of regular meetings, etc. 8 . Planning Commission Agenda - 2/3/98 For these uses, the City imposes a s bmission deadline for Planning Commission agendas of about three eeks prior to the Planning Commission's meeting date. It shoul be possible for the DAT to meet during that period and provide its design re . ew comments for the Planning Commission's agenda packet. For th se applications, the DAT's comments have the weight of a staff report - th yare advisory to the Planning Commission in its action or recomme dations. The Commission's practice should be to incorporate the DAT's c mments into its report to the City Council, amending the comments as t sees fit, just as the Planning Commission incorporates other staff omments, conditions, and recommendations. It should be understood that this pro ess will require some adjustment to fit schedules and comfort levels of the i dividuals involved. A review of the process would be a valuable exercise, perhaps near the end of the first year. As noted above, the more effectively he design expectations of the Revitalization Plan are communicate to property owners and developers in the CCD area, the more successful t e design review process is likely to be. . B. ALTERNATIVE ACTIONS: No action requested. Discuss proces and expectations of DA T or discuss other issues relating to CCD district egulations. C. STAFF RECOMMENDATION Staff believes that the MCP is in the est position to provide its slate of appointees to the DAT, and this proc ss was anticipated as the DAT was being created. We recommend that t e City accept the MCP's DAT candidates. D. SUPPORTING DATA: Exhibit A - MCP memo . 9 . . . JAN 21 '98 10:39AM CITY OF MONTICELLO P.3/3 Monticello Communit Partners Po Box 984 Monticello MN 55362 295-0999 January 9, 1998 MEMO . To: n. Mayor Bit! Fair;. Councilman Roger Carlso ;-Gouncilman Clint-Herbst; Councilman+'Srian' Stumpf; Councilman Bruce Thielen From: Rita Ulrich, MCP Manager ~ Re: In keeping with our work on the Downtown and iverfront Revitalization Plan and the Central Community District Ordinance recently approved by the City Council, Monticello Community Partners (MCP) hereby submits for your conside ation the following people for appointment to the Design Advisory Team: Pam Campbell, Gai Cole, Ronald Hoglund, Rita Ulrich, and Susie Wojchouski. Each of these nominees is well ver ed in the design guidelines incorporated in the Downtown and Riverfront Revitalization Plan and has participated in training on design considerations and building rehabilitation for do ntown Monticello. It is our understanding that Fred Patch and Ollie Koropchak will serve as ad isors and city liaisons on the Team. Monticello Community Partners is committed to p oviding ongoing training and education for Team members so that they may carry out their uties in a knowledgeable and professional manner. We will be convening a meeting of the earn in the third or fourth week of January to work out procedures and guidelines for reviewin proposals and applications in accordance with the Central Community District Ordinance. It is our belief that the Design Advisory Team will make a valuable and lasting contribution to the visual enhancement and economic revitaliza on of Monticello. Thank you for your consideration. cc: MCP Board of Directors Fred Patch, City of Monticello Ollie Koropchak, City of Monticello Design Advisory Team members If) -- , 11. . . . Planning Commission Agenda - 2/3/98 The City's comprehensive plan inclu es land use planning for areas south and west of the current city bound a es. As you may recall, a significant concept of the comprehensive plan is to direct future growth to the south and west of the city by investing in infra tructure improvements which would serve growth in that direction rathe than to the east. Over the past several months, staff has conducted a more etailed study of the issues which would affect land use patterns in that area including transportation, utility corridors, physical lay of the land, e isting land uses, and goals and policies from the current plan. A concept la d use plan was developed with these issues in mind, and which has been iscussed at staff level, with other City organizations, and at a public open ouse. The purpose of the plan amendment is to allow the City to plan for both long- and short-term infrastructure impro ements which would be needed to serve the area. Although the plan would ave no legal effect as things now stand, a component of the proposed Orderl Annexation Area agreement with Monticello Township would include he adoption of the City's land use plan in the revised OM. As a result, the City's comprehensive plan and its component "Southwest Area Plan" ould form the basis for any land use decision in the OM, preserving the arious properties for the City's long- term intended use. B. ALTERNATIVE ACTIONS: 1. Motion to call for a public hea 'ng to consider amendments to the comprehensive plan as propos d in the "Southwest Area Plan." 2. Motion to defer calling for a p hlic hearing for a comp plan amendment at this time. Staff requests the Planning Commission call for the hearing to be scheduled for its meeting on March 3, 1998. P nding an agreement with the Township, we would like to have the plan read for adoption by the OAA Joint Planning Board as soon as possible. D. SUPPORTING DATA: Exhibit A - Southwest Area Concep Plan (Draft) 10 SOU DWEST AREA CONCEPT PLAN , ~,C November 1997 o 1000 2000 3000 b.d SCALE IN FEET ~. ~"~~n~~ ,~~.,,~ ~ Ll i . D Low Densiiy Residential _ Medium / High Densiiy Residential _ Commercial _ industrial Public / Semi Public ~ Future Street II" I . . . 12. Updates. (J.G.) A. Commnnity Center. Planning Commission Agenda - 2/3/98 Thank you for attending the inform ion meeting on January 20,1998. The meeting was well attended and the i put was valuable. We hope to answer all comment card questions that wer not covered at the meeting by phone or in writing. A small group of the City Council an HRA has been formed to analyze the input from the task force and comm ity at large regarding the community and training center. This group will look at center components, budget, and financing options. Their recommend tion or alternatives will be presented to both the HRA and to the City Conn '1. The goal is to have a recommendation in place to the HRA by February 4, 1 98, and to have the recommendation to the City Council by February 9, 199 . 11