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Planning Commission Agenda 04-05-2007 . . . AGENDA MONTICELLO PLANNING COMMISSION Tuesday, AprilS'h, 2007 6:00 PM Commissioners: Rod Dragsten, Charlotte Gabler, Lloyd Hilgart, William Spartz, and Barry Voight Council Liaison: Brian Stumpf Staff: Angela Schumann, Gary Anderson Kimberly Holien and Steve Grittman - NAC 1. Call to order. 2. Approval of the minutes of the Planning Commission meetings of March 6th, 2007. 3. Consideration of adding items to the agenda. 4. Citizen comments. 5. Continued Public Hearing - Consideration of a request to establish an overlay district applied to Properties along River Street, and an amendment to the Monticello Zoning Ordinance Section 3-3 [F] regulating front yard setback averaging. Applicant: City of Monticello 6. Public Hearing - Consideration of a request for Preliminary and Final Plat for Monticello Business Center, a commercial subdivision in a B-4 (Regional Business) District. Applicant: Wal-Mart Real Estate Business Trust 7. Public Hearing - Consideration of a request for amendment to the Monticello Zoning Ordinance Chapter 3-2[N], as related to the exterior storage of vehicles in rear yards in residential districts. Applicant: City of Monticello 8. Consideration to approve a resolution finding that a modification to the Redevelopment Plan for Central Monticello Redevelopment Project No. I and the TIF Plan for TIF District No. 1- 38 conform to the general plans for the development and redevelopment of the city. WRE, LLC dba Walker In-Store 9. Consideration to review for comment the Wright County NEQ Land Use Plan 10. Adjourn. . . . MINUJES MONTICELLO PLA~kNG COMMISSION March 6th, 2007 6:00 PM Commissioners Present: Rod Dragsten, William Spartz, Barry Voight, Charlotte Gabler Commissioners Absent: Lloyd Hilgart Council Liaison Present: Brian Stumpf Staff: Angela Schumann, Gary Anderson Kimberly Holien and Steve Grittman - NAC 1. Call to order. CHAIRMAN DRAGS TEN CALLED THE MEETING TO ORDER, DECLARING A QUORUM AND NOTING THE ABSENCE OF COMMISSIONER HILGART. 2. Approval of the minutes of the Planning Commission meetings of Februarv 6th, 2007 Commissioner Voight requested that the minutes be amended to reflect the correct spelling of his last name. MOTION BY COMMISSIONER VOIGHT TO APPROVE THE MINUTES OF FEBRUARY 6TH, 2007 AS AMENDED. MOTION SECONDED BY COMMISSIONER HILGART. MOTION CARRIED, 4-0. 3. Consideration of adding items to the agenda. NONE. 4. Citizen comments. Art Doran, 6040 Bakken Street, asked to address the Commission regarding the American Legion. Chairman Dragsten noted that item would be discussed during the public hearing for item number 7 on the agenda. 5. Public Hearing Consideration of a request for a Conditional Use Permit for Development Stage Planned Unit Development approval for an imine retail center at Union Crossings. Applicant: Rvan Companies US, Inc. I . PIID"" H"lirn pre="" '"" _ ~""rt, JOribi"' 'b, ,i" 'P<'o"'" fee "'" pro,,"~d retail complex. Holien indicated that applioant, Ryan Companies, has proposed five retail sites, connected to the existing Home Depot. The retail sites would gain access from Highland Way. The site shares parking with Home Depot, for which there is an existing cross parking permit. There are approximately 50 excess parking stalls with the cross parking arrangement. Holien reported that a majority of required landscaping for this project had been constructed with the Home Depot project. There is landscaping in place in parking islands and along the County Road 75 side. To meet requirements, the applicants are proposing additional landscaping as shown in the site plans. Holien indicated that the applicant meets signage requirements. She noted that the photometric lighting plan shows high candlefoot readings along Highland Way, which the applicants have made an effort to screen with landscaping. Holien illustrated the building elevations, explaining that the proposed appearance is architecturally consistent with other buildings on the site, and meets code requirements. Overall, Holien stated that the project is consistent with the existing PUD and the B-4 district. She reported that planning staff did not receive the engineer's report in time for the Commission review; it will be provided prior to the City Council meeting. . Gabler asked if the buildings are already leased out. Holien replied that she believes a portion of them are. Dragsten noted that the elevations seem to indicate that PetSmart and Office Max have leased space. Voight asked if they would be sharing the pylon sign. Holien replied that is not known at this time, but that this project and any tenants are required to follow the approved sign system for the PUD. Spartz asked if the 4600 square foot area would have two users. Holien stated that she believed that to be accurate based on the plans. Ultimately, that will be the applicant's decision in leasing. Dragsten asked if the tenants were to put signage on both sides, would they still comply. Holien answered that they would be in compliance. Dragsten referred to the engineering comments from WSB listed in the reports. Dragsten asked ifWSB's comments were always contained in reports. Holien stated that they are included if they are available. Dragsten asked about a detailed lighting review. Holien stated that the photometries would be reviewed at building permit. Voight asked about what type of trees would be included parking islands. Holien replied that the planting schedule doesn't refer to existing landscaping, but they do show autumn blaze maple and crabapples. Voight asked if these qualiry as overstory trees. Holien stated that the maples count, the crabapples do not. The combination of landscaping on site and in parking areas allows them to meet the minimum requirement. Chairman Dragsten opened the public hearing. . 2 . . . Steve Broyer, representing Ryan Compani -'s, stated that the lighting plan as presented is the original PUD lighting plan. Since that ~ime, Ryan has worked with the City to address the lighting fixtures. The standards shown along Highland Way have now been switched to the City's circuiting plan. Dragsten referred to Exhibit Z. Broyer stated that they are prepared to address those items. Dragsten commented that staggering the buildings and adding cosmetic elements to the facades does help break up the building appearance. Spartz asked about a construction timeframe. Broyer stated that upon approval by Council, they will begin construction plans immediately. Stumpf asked to discuss circulation. He referenced the opposing accesses coming off of Highland Way, noting that the access points don't line up across Highland. Grittman stated that the reason those access points don't align is that they are for service vehicles only. In working with Ryan, staff wanted to ensure that only truck traffic exits that way. The City engineers did not want public traffic crossing there. Broyer further confirmed that the Target access is a right in - right out condition only. Hearing no other comments, Commission Dragsten closed the public hearing. MOTION BY COMMISSIONER SPARTZ TO APPROVE THE DEVELOPMENT STAGE PLANNED UNIT DEVELOPMENT AND FINAL PLAT, BASED ON A FINDING THAT THE PROPOSED USE IS CONSISTENT WITH THE INTENT OF THE EXISTING PUD AND THE B-4 DISTRICT, SUBJECT TO THE CONDITIONS OUTLINED IN EXHIBIT Z AS FOLLOWS: 1. All wall pack lighting shall be full cutoff lighting to reduce glare. 2. The applicant shall revise the plans to comply with all recommendations ofthe City Engineer, as outlined in this report and detailed in the memo from WSB, dated 2/27/07 and any additional recommendations from the City Engineer regarding grading, drainage and utilities. MOTION SECONDED BY COMMISSIONER VOIGHT. MOTION CARRIED, 4-0. 6. Public Hearing - Consideration of a request for a Conditional Use Permit for Development Stage Planned Unit Development approval for a multi-tenant shopping center, Final Plat Approval and Conditional Use Permit approval for a drive through lane at Union Crossings. Applicant: Rvan Companies US, Inc. Planner Grittman provided the staff report, describing the discussion at the previous Commission meeting, in which the proposed item was tabled. Grittman referred to the changes in the plans, discussing the redesign of the drive through. The re-design closes an access, allowing traffic to circulate around a parking bay and limiting access to the rear of the site. Grittman stated that a few parking spaces were lost, but the overall design is better. He also noted that the project is actually in excess for parking due to shared parking over the entire PUD. o .) . Grittman illustrated the revised elevations. ,He indicated that the added awnings and wall treatments break up the wall planes, which may address the Commission's concerns. Staff believes that they have met the requirements as related to building appearance. The listed condition in Exhibit Z ensures that the applicant will meet the comments ofthe engmeers. Stumpf asked if clients would order and pick up at the same window. Grittman illustrated the order and pick up locations. Dragsten asked about the area shown in previous plans where the parking lot encroached into the easement. Grittman stated that it no longer encroaches into that easement. Grittman also noted that a recent ordinance amendment doesn't allow parking on drainage and utility easements. In areas that the City has utilities running through the middle of sites, the City obtains agreements that property owners are responsible for maintaining and possibly reconstructing parking areas. Dragsten stated that the report states that the back of curb is on the easement. Grittman confirmed that to be accurate and noted that the City felt that it could work around the curb without having to remove it. Dragsten asked if they had adequate stacking in the drive through lane. Grittman stated that it has room for 7 vehicles, which is more than adequate. . Dragsten asked if businesses would have to come back to the Commission for the proposed monument sign. Holien stated there are monument signs that were approved originally. Schumann explained that each sign package proposed would also be reviewed for comparison to the approved PUD with a submitted building permit package. Steve Broyer, representing Ryan Companies, again addressed the Commission. Broyer stated that internally, they were happy with the revisions. Broyer noted that the lighting plan had changed, as they went with 30' poles over 38' poles. Dragsten and Voight agreed that the elevations had improved. Dragsten asked if Ryan is familiar with conditions. Broyer stated that they are familiar with the conditions and will address them as required MOTION BY COMMISSIONER VOIGHT TO APPROVE THE DEVELOPMENT STAGE PLANNED UNIT DEVELOPMENT AND FINAL PLAT, BASED ON A FINDING THAT THE PROPOSED USE IS CONSISTENT WITH THE INTENT OF THE EXISTING PUD AND THE B-4 DISTRICT, SUBJECT TO THE CONDITIONS OUTLINED IN EXHIBIT Z AS FOLLOWS: 1. The applicant shall revise the plans to comply with all recommendations ofthe City Engineer, as outlined in this report and detailed in the memo from WSB dated 1/23/07 and the memo from City Engineer Bruce Westby, dated 1/24/07. MOTION SECONDED BY COMMISSIONER SPARTZ. MOTION CARRIED, 4-0. . MOTION BY COMMISSIONER SPARTZ TO APPROVE THE CONDITIONAL USE PERMIT FOR A DRIVE-THROUGH FACILITY, BASED ON A FINDING THAT 4 . . . THE PROPOSED USE IS CONSISTENT WITH THE INTENT OF THE PUD AND THAT THE USE ST A TISFIES THE CONDITIONS OF APPROVAL. MOTION SECONDED BY COMMISSIONER GABLER. MOTION CARRIED, 4-0. 7. Public Hearing - Consideration of a request for an amendment to the Monticello Zoning Ordinance Section 2-2 (PI) defining public signs and an amendment to Section 3-9 regulating Signs to address off-site. quasi-public signs. Applicant: Citv of Monticello Planner Grittman reviewed the staff report, discussing the American Legion's request. Grittman stated that the report addresses the current definition of a public sign. What is proposed is to amend the definition, expanding it to include civic groups. The amendment proposed would allow the Council to designate those groups by resolution. Grittman noted that the other item for consideration is to amend the sign ordinance's limitation on where public signs can be placed. Currently, the zoning ordinance restricts public signs to a few ofthe zoning districts. Grittman stated that this isn't consistent with where signs currently exist, as public safety signs are in all zoning districts. Regardless of the other issues, staff would recommend amending the ordinance to address the location of such signage. Grittman explained that the third amendment item for consideration clarifies the sizes, design and number of public signs for non-governmental organization. This amendment provides consistency and helps to avoid proliferation of such signs. Gabler stated that such signs could be helpful and show that the City supports those groups. Spartz asked ofthere would be any other approvals needed. Grittman stated that first the organization would need to be designated, and then need a license to be reviewed by the City to make certain it doesn't interfere with public safety. Voight clarified that the Council will make the decision as to whether a group would fit this criteria. Grittman confirmed. Dragsten confirmed that one of the amendments just eliminates the zoning district problem. Grittman stated that item would be recommended regardless. Dragsten asked if right now the American Legion fits the description of non-commercial. Grittman stated that as a staff we don't believe that they meet a non-commercial designation. The way the ordinance is written is almost exclusively governmental. Stumpf asked what other civic groups could qualifY under the amendment. Grittman stated that obviously the VFW, possibly the Rotary, Lions, etc. He noted that many don't have facilities, which may be self-limiting in terms of signage. Stumpf asked if the Commission would make a recommendation for the maximum number to the Council. Grittman replied that the Planning Commission has an 5 . amendment before them allowing 1 sign; thby have the option to change that number. Stumpf asked if it could be posted with an existing sign, rather than adding a new sign. Grittman stated that the Commission could consider that as a restriction. Voight referred to information regarding about what other communities have done. Voight asked if there are communities that make these distinctions for civic groups. Grittman stated that while he couldn't cite specific communities, he has seen signs of this nature. Govenmental public signage is more common. Dragsten asked if the Commission has to determine whether civic groups are non- commercial. Grittman responded the ordinance amendment opens up that discussion. Chairman Dragsten opened the public hearing. . Art Doran, 6040 Bakken Street, spoke to the Commission as Commander of the American Legion. Doran stated that there are many people that come through town, who would like to stop, but do not know where the American Legion is. The Legion has requested a sign for many years. Doran stated that the American Legion is a public, civic organization that donates a lot of funding to the community. He explained that if the Legion does not generate funds, then they do not have the ability to give back to the community. Doran referred to the Commission's question about other cities that have signs. He cited other circumstances where they are present. Doran summarized that the Legion would appreciate the Commission's consideration ofthis matter. Dragsten asked if the Legion had done any other type of advertising or considered changing their sign. Doran stated that they have been doing advertising in the local paper. Doran stated that by keeping their sign in its location, the problem will still be the same, as people can't see it from County 75. Spartz recognized the uniqueness of their facility. He asked where the Legion would put the sign if allowed. Doran replied that they would probably seek to have it at the comer of County 75 and Elm. Voight asked Doran if the majority of people who frequent their facility are participating in Legion activities or are there for the bar. Doran stated that it is both. Hearing no further comments, Chairman Dragsten closed the public hearing. Dragsten stated that he believes that the Legion does compete with other businesses within the community and the sign would give them an unfair advantage. Dragsten suggested that perhaps they could utilize other alternatives. Voight agreed and stated that there are already way too many signs in the community and that he doesn't think the City needs more signs. . 6 . . . I Stumpf stated that he considers their locatidn unique. Stumpf noted the VFW is also tucked off the freeway. Dragsten concurred regarding location, but stated that he just isn't sure these organizations fit the ordinance definition. Spartz stated that the location is unique, but that the amendment would allow Council the discretion to decide whether the organization meets the civic definition. Dragsten stated that he doesn't disagree, just opens the door to other civic organizations. Grittman noted that the motions regarding the first two proposed amendments go together in relationship to the Legion request. MOTION BY COMMISSIONER DRAGSTEN TO DENY THE PROPOSED AMENDMENT TO PERMIT OFF-SITE DIRECTIONAL SIGNS AS IDENTIFIED IN EXHIBIT A OF THE 03/06/07 PLANNING COMMISSION REPORT, BASED ON A FINDING THAT THE REQUESTED AMENDMENT IS NOT CONSISTENT WITH THE INTENT OF THE ZONING ORDINANCE. MOTION SECONDED BY COMMISSIONER VOIGHT. MOTION CARRIED, 3-1, WITH COMMISSIONER SPARTZ IN DISSENT. MOTION BY COMMISSIONER DRAGS TEN TO DENY THE PROPOSED AMENDMENT TO PERMIT OFF-SITE DIRECTIONAL SIGNS AS IDENTIFIED IN EXHIBIT B OF THE 03/06/07 PLANNING COMMISSION REPORT, BASED ON A FINDING THAT THE REQUESTED AMENDMENT IS NOT CONSISTENT WITH THE INTENT OF THE ZONING ORDINANCE. MOTION SECONDED BY COMMISSIONER VOIGHT. MOTION CARRIED 3-1, WITH COMMISSIONER SPARTZ IN DISSENT. MOTION BY COMMISSIONER VOIGHT TO APPROVE AN AMENDMENT TO SECTION 3-9 OF THE MONTICELLO ZONING ORDINANCE TO ALLOW PUBLIC SIGNS IN ALL ZONING DISTRICTS. MOTION SECONDED BY COMMISSIONER DRAGSTEN. MOTION CARRIED, 4-0. 8. Public Hearting Consideration of a request to establish an overlav district applied to Properties along River Street. and an amendment to the Monticello Zoning Ordinance Section 3-3 (F) regulating front yard setback averaging. Applicant: City of Monticello (NAC) Prior to the staff report on the item, Chairman Dragsten asked for clarification on what portion of River Street the ordinance covered. Grittman responded that the ordinance would deal primarily with the river side of the street. 7 . i Grittman provided background for the CO~iSSion, referring to the current ordinance which calculates setbacks based on an aver ging formula. At the last meeting, the Planning Commission considered whether 0 eliminate the clause, establishing a straight 30' setback, or to establish an overlay district that would apply to a certain portion of River Street, creating a 50' setback. The Planning Commission recommended against that amendment, recommending to eliminate front yard setback averaging, and creating a 30' front yard setback. Grittman reported that recommendation had gone forward to the City Council. However, the City Council was concerned that property owners may not have understood the impact the overlay could have. So the item was re-noticed with emphasis on the overlay. Grittman explained that the Commission has a second opportunity to review the item and to allow the property owners a second chance at public hearing. Stumpf asked from what point to what point would the area on River Street include. Grittman stated that the discussion is basically between East Bridge to Ellison. Stumpf noted that there could be properties on the west side that are impacted. Grittman stated that the averaging applies in every district, but based on where houses are typically sited, the averaging clause is really only applicable for River Street. . Dragsten stated that at the December meeting, when making the motion to recommend denial of the overlay district, the Commission's intent was to not create the separate district, allowing instead the River Street area to blend with the rest of the City in terms of setback. Grittman stated that he interpreted the direction of Council not as disagreement, but to allow for more discussion. Chairman Dragsten opened the public hearing. Chief Building Official Anderson noted for the record a letter received by the Planning Commission from John Sandberg and Phyllis Johnson. Chairman Dragsten read the letter, which encouraged the Commission to recommend for the 30' setback, allowing full use of property. Dragsten asked if Anderson had spoken with Sandberg. Anderson confirmed that he had, and that Sandberg would just like the 30' to be a standard city- wide. Sandberg would like to build an addition and wouldn't be able to meet the averaged setback. A resident at 13 Linn Street addressed the Commission, seeking confirmation that the overlay would apply to the north side of River Street only. He inquired what would happen to the south side. Grittman stated that it would just be a standard 30' setback. . Adrian Boisclair, resident along East River Street, explained to the Commission that his lot is not very deep and inquired how the ordinance and any potential amendment would affect his property. Grittman stated that the standard setback is 30' from property line. Anderson stated that Boisclair lives at the comer of Washington and River, on the north side. Dragsten clarified this ordinance would not effect him. 8 . Hearing no further comments, Chairman Dtagsten closed the public hearing. V oight stated that he believes that City should do away with averaging altogether. Voight commented that he doesn't think government or neighboring properties should regulate setbacks. Voight recognized that River Street is unique, so perhaps they should look at the overlay with the 50' setback. Stumpf stated that it isn't the Council's intent to dictate where someone can put their house, it would be to protect the neighbor. Stumpf stated that without averaging, it was to protect uniformity. Dragsten stated that he is in favor of setbacks being within the proximity of neighboring properties. Gabler confirmed that the ordinance would only be creating one overlay district in one area. Dragsten stated that averaging is in place now. Grittman stated that if you are going to have averaging, you need to define what you are averaging. He explained that the overlay district proposed establishes a straight 50' setback for the north side of River Street. . Spartz asked if the ordinance currently requires averaging the whole block, or just neighbors. Grittman answered that the ordinance is currently based on averaging just the two adjacent structures. Spartz stated that it may be simpler to just apply the overlay. Voight noted that in December the Commission had recommended eliminating the averaging altogether. Grittman reiterated his concern with the averaging clause. There are enforcement issues by requiring different property owners to comply with different setbacks within the same district. As a result, you have a differential impact on property owners. The City's ability to regulate through zoning is supposed to be applied equally throughout a district. Dragsten inquired ifby creating an overlay district with averaging the Commission would address this issue. Grittman stated that it would be better than city-wide averaging, but would still have some of the same issues. Dragsten stated that he would prefer to have the overlay district and have some sort of language for averaging that would allow some movement for placement. Grittman clarified that in that case, it would need to regulate both minimum and maximum setbacks. Anderson illustrated some River Street lot examples for the Commission's reference. . Chairman Dragsten referred to the options. Gabler asked if we could take each scenario and apply it to some circumstances. The Commissioners requested an inventory that would allow for comparison of the different scenarios. 9 . . . MOTION BY COMMISSIONER GABLEl TO INVENTORY THE NORTH SIDE OF RIVER STREET FROM OTTER CREEK TO THE HOSPITAL IN RELA TIONSIP TO THE SETBACK SCENARIOS PRESENTED AND TO AND TABLE ACTION ON THE RIVER STREET SETBACK AND OVERLAY ITEM UNTIL THE INVENTORY CAN BE REVIEWED. MOTION SECONDED BY COMMISSIONER SPARTZ. MOTION CARRIED, 4-0. Holien asked if they only wanted setback information, or if they would also like to have the number of non conforming lots created by each situation. The Commission requested both pieces of information. 9. Consideration of the creation of an Interim Amendment to Section 9-1 of the CiTY Code regulating traffic. allowing the City to grant permission to the Chamber of Commerce to plan a sign within the City right-of-wav for a temporary period of time. Planner Grittman presented the staff report, indicating that the Monticello Chamber of Commerce has approached the City on behalf of its members, seeking to create a test of potential off-site advertising messages. The sign proposed is a temporary sandwich board style sign at comer ofHwy. 25 and Broadway. Grittman reported that the Chamber would be responsible for regulating and monitoring the activity on the sign and at the time the ordinance expires, to come back with some further request as related to downtown businesses. Grittman explained that the Chamber is eventually envisioning something more permanent. Staff has written a draft of an ordinance amendment which would allow for that sign to be located on City property for 6 months, at which time the sign would have tt be removes and parties would have to determine if sign was useful. Staff s concerns relate to the amount of traffic and information at that intersection. Grittman referred to the staff report, stating that it outlines a series of conditions for approval. He stated that staff doesn't have a specific recommendation, but does have concerns about setting precedent regarding signage and safety concerns. Stumpf asked if sandwich boards are already allowed. Grittman stated that they are allowed on site, but this would be an off-site sign. Stumpf stated that it is a duplication of current ordinance and allows more signage and clutter. Stumpf commented that people on Highway 25 are not interested in a sandwich board just because they are driving through town. Stumpf stated that he is for helping local business, but is not sure this is the answer. Spartz inquired who would determine if the sign actually directed customers to their bueiness. Grittman noted that measurement is the difficulty. Gabler asked if the Chamber would be collecting funds for this. Grittman stated that it was his understanding that the Chamber would create the sign, but that the business would prepare and pay for the insert. However, placement would be rent free. 10 . Voight asked if at the end of the 6 months, I~' someone has to come back with a report. Grittman stated that this is written to allow management within ROW or on its own property. City has control over where and hen these would be located. Dragsten stated his opinion that a 6-month trial would be acceptable, although we don't want to create more signage. Voight stated that he believes this request is similar to the Legion agenda item, which just creates more signage. MOTION BY COMMISSION DRAGS TEN TO RECOMMEND APPROVAL OF THE AMENDMENT TO SECTION 9-1 OF THE CITY CODE TO ALLOW A TEMPORARY SANDWICH BOARD SIGN FOR THE CHAMBER OF COMMERCE WITHIN THE CITY RIGHT OF WAY, AS PREPARED BELOW. A. The subject sign shall be located on City property at the southwest corner of the intersection, adjacent to the Chamber of Commerce site. B. The subject sign shall be a sandwich board sign. C. The subject sign shall not exceed four (4) feet in height. . D. The face area of the sign shall not exceed seven (7) square feet on either side. E. No sign shall he located within ten (l0) feet of a fire hydrant. F. No sign shall be placed within the public right of way. G. The Chamber of Commerce shall be responsible for all scheduling of tenants wishing to advertise a message on the sign. H. Color and design shall meet the design gnidelines for the CCD zoning district, and shall not be composed of "fluorescent" colors. I. The Chamber of Commerce shall be responsible for reviewing the design of each faceplate to be placed on the sign. J. The sign must be well maintained and kept in good repair at all times. Maintenance of the sign shall be the responsibility of the Chamber of Commerce. K. The sign shall be located on ground level. L. The sign shall not obstruct the vision of drivers or pedestrians or detract from the visibility of any official traffic control device. M. The placement of the sign shall not impede pedestrian or vehicle circulation. The Chamber of Commerce shall be responsible for sign placement. N. The sign shall not occupy any public sidewalk. . O. The sign shall not have electrical connections, nor include any lighted or moving component. 11 . . . I i P. This agreement shall expire on Septbmber 30,2007. MOTION SECONDED BY COMMISSIONER GABLER. MOTION CARRIED 3-1, VOIGHT IN DISSENT. Gabler suggested that the Legion work with the Chamber to get their name on the sandwich board sign 10. Adiourn MOTION BY COMMISSIONER SPARTZ TO ADJOURN. MOTION SECONDED BY COMMISSIONER VOIGHT. MOTION CARRIED, 4-0. 12 . . . Planning Commission Agenda - 04/03/07 50 Continued - Consideration of a request for an amendment to the Monticello Zonin2 Ordinance Section 3-3 IF] re2ulatin2 front vard setback avera2in20 Applicant: City of Monticello (NAC)o REFERENCE AND BACKGROUND As directed by the Planning Commission, staff has prepared a document including information on existing setbacks of all homes on the north side of River Street, from Washington Street to Otter Creek Road. This document may be found attached. The existing setbacks of homes in this area have been compared against four setback options. Options include the following: . 30 foot minimum setback . 50 foot minimum setback . Minimum setback equal to the average setback of adjacent structures . A minimum setback of 30 feet plus 2/3 of the difference between 30 ft and average setback of adjacent structures Staff applied each setback alternative to the existing homes to calculate the number of non-conforming lots created. The number of non-conforming lots created under each alternative is as follows: Setback alternative Number ofnon-conformin2lots 7 lots 26 lots 26 lots 17 lots 30 feet 50 feet Average setback of adiacent structures 30 ft plus 2/3 of the difference between 30 ft. and the average setback of adj acent structures As illustrated above, the same number of non-conforming lots is created under a 50 foot minimum setback requirement and a minimum setback equal to the average setback of adjacent structures. The alternative that creates the fewest non-conforming lots is a 30 foot minimum setback. This setback is consistent with the required minimum setback in the R-l, R-2, R-3, and R-4 districts. RECOMMENDATION Staffrecommends deleting the averaging clause in regard to front yard setbacks and relying on the existing 30 foot setback requirement on all R-l properties, including those on the north side of River Street. As demonstrated above, up to 26 non-conforming lots may be created under the alternate setback options. 1 Planning Commission Agenda - 04/03/07 . Requiring a 30 foot minimum setback along River Street, would not necessitate an overlay district, as it is consistent with the current Ordinance. Deleting the averaging clause and requiring a straight 30-foot setback would ease enforcement for regulating the setback at a staff level and create a consistent setback for all R-l properties. The recommended setback also allows all property owners to have a clear understanding of what they may do with their property. As shown on the attached exhibits, this minimum setback is also consistent with the current development pattern. As such, staff recommends eliminating the averaging clause to require a 30 foot minimum setback along River Street and all R-l zoned properties within the City. AL TERNA TIVE ACTIONS Alternative four below leaves the ordinance as is, which requires setbacks 30 ft plus 2/3 of the difference between 30 ft. and the average setback of adjacent structures 1. Motion to recommend approval of an amendment to Section 3-3[F] to require a 30 foot minimum front yard setback. . 2. Motion to recommend approval of an amendment to Section 3-3[F] and the creation of the River Street Overlay District. Under this option, the Commission has three options: a. 50' setback b. 30' plus 2/3 ofthe difference between the 30' setback and the setback of the two adjacent structures c. Setback equal to the average of the two adjacent structures 3. Motion to deny an ordinance amendment to Section 3-3[F} and the creation of the River Street Overlay District. SUPPORTING DATA A. Planning Commission Agenda Report 03/06/07 B. River Street Setback Comparison Spreadsheet C. River Street Lot Comparison Images . 2 . . . A Planning Commission Agenda - 03/06/07 8. Consideration of a request for an amendment to the Monticello Zonin2 Ordinance Section 3-3 IF! re2ulatin2 front vard setback aVera2ID2. Applicant: City of Monticello (NAC). The Planning Commission considered this item at their December 5, 2006 Illeeting, and recommended approval of Alternative 2, amellding Section 3-3. [F] of the Zoning Ordinance only. The recomme.ndedamendmellt would delete the averaging clause for front yard setbacks in all residential districts. The Commission expressed concern that the creation of an overlay district would affect few properties, and may not be necessary. The Commission determined that deleting the averaging clause would be an effective control for Illaintailling uniforlJlity. The City Council considered this .item at their January 2~, ~OQ7llleeting and recommended tablillgthe item. The Council was concerned that the. residents affected by this amendment may not have been aware of the implications of the proposed amendment, or whether an overlay district would be a desired substitute. The Council tabled this item to call for a sec9nd pllblic hearing at the Planning Commission level, focusing on the overlay district. . The City has recently reviewed a request:from a, property owner on River Street to move a single family home off a lot and rebuild, with the new home located closer to the front yard setback line than the originiiI building footprint. Upon reviewing the request, it was determined that the proposed location would not be permitted, due to a clause in the ordinance establishing an averaging requirement for front yard setbacks. The minimum front yard setback requirement in the R.I District is .CUITetlt established at 30 feet. The subject proposal meets this requirement. However, the Zoning Ordinance contains additional restrictions for front yard setbacks, establishing a maximum setback requirement, as well as a minimum. Section 3-3 of the Zoning Ordinance pertains to yard requirements, including all requirements for front yard setbacks. Section 3-3 (F) specifically contains a provision for front yard setbacks in residential districts with adjacent structures. This section states, "In residential districts where the adjacent structures exceed the minimum setbacks established in subsection [C] above. the minimum setback shall be thirty (30) feet plus two-thirds (2/3) of the difference between thirty (30) feet and the setback or average setback of adjacent structures within the same block. " 1 . Planning Commission Agenda - 03/06/07 The existing ordinance presents a number of application issues. As the ordinance reads, the maximum setback allowed for each lot is contingent upon the setbacks of the adjacent structures on the block. In that manner, each time a home is altered in any way that results in a new setback, the average setback for the block changes. Essentially, the actions of one homeowner dictate the building envelope of the adjacent property owners. As such, the ordinance is highly difficult to enforce. This Section was initially adopted to encourage uniform site lines along all city blocks. However, staff believes a more effective control for maintaining uniformity may be established. The ability to maintain setback uniformity is particularly a concern along River Street, due to the nature of the properties and the unique natural features of the area. The majority of homes along River Street greatly exceed the required minimum setback, in an effort to place homes close to the riverfront. As such, any home proposing to simply meet the minimum requirement may result in extreme staggering of homes along the street. The averaging technique may have maintained some uniformity in this regard, but as explained above, is highly difficult to enforce. . Amendments. To address the issue of uniformity, staff has prepared an ordinance amendment containing two sections. The first section would simply delete any reference to the current averaging technique, and delete any maximum setback limitations. Removing this provision in the ordinance would apply a uniform setback to all properties, regardless of the setback of the adjacent structures. The second section of this amendment establishes an overlay district for properties on River Street, identified as the "RS" RiverStreet District. This overlay district would be applied to and superimposed on all properties located on River Street, identified as such by a corresponding street address. The amendment would establish a more significant front yard setback for all properties along River Street, and would provide the opportunity to maintain uniform site lines along both sides of the road, while applying the same setback for all properties. The regulations and requirements imposed by the "RS," River Street, district shall be in addition to those established for the district which jointly applies. The proposed amendment is found below, and may be modified at the direction of the Planning Commission and/or City Council. . 2 . , Planning Commission Agenda - 03/06/07 ALTERNATIVE ACTIONS Regarding the proposed amendment to Section 3-3 [F] of the Zoning Ordinance regulating front yard setback averaging, the City has the following options: 1. Motion to recommend approval of the amendment to Section 3-3 [F] and the creation of the "RS" River Street District, as prepared below. 2. Motion to recommend approval of the amendment to Section 3-3 [F] only. 3. Motion to deny the ordinance amendment and creation of the "RS" River Street Overlay District as proposed. RECOMMENDATION . As stated above, the current averaging technique applied to front yard setbacks is outdated and difficult to enforce. An amendment must be made to the ordinance to apply a uniform setback to all properties, regardless of the location of adjacent structures. The proposed amendment was drafted due to inquiry for a property on River Street. Properties along this street are unique, and have in the past been subject to a setback averaging regulation. If the setback averaging is still desired, staff would recommend the use of an overlay district, rather than the problematic language in the ordinance. As such, a sample ordinance creating an overlay district has been drafted. However, an overlay district would only affect a small area of the City. In addition, the setback averaging (in any form) creates an uneven field for the purposes of applying zoning rules and for property owners attempting to utilize their property. Therefore, staff recommends approval of Alternative 2, deleting the averaging clause. . 3 . Planning Commission Agenda - 03/06/07 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA ORDINANCE NO, AN ORDINANCE AMENDING SECTION 3 OF CHAPTER 3 RELATING TO YARD REQUIREMENTS AND CREATING CHAPTER 19C, ESTABLISHING THE "RS" RIVER STREET DISTRICT THE CITY COUNCIL OF THE CITY OF MONTICELLO, MINNESOTA ORDAINS: SECTION 1. Section 3-3 [F) relating to front yard setbacks is hereby amended to read as follows: [Fl. In reaidential E1istriets waaf1l the adjaeeat slf'aemr-es elleeed t1ie miniFffilHi setbaeks aatablisnoo ia subseetisB [C] abaya, the miflimwB setl;Hlek sftall bs thirty (30) feet plus tv;a thirds (2.'3) sftlie E1iffoTeaoe 'aet'o';eea thirty (30) f-eet aRe the setbaek eT a\'6fage setbaek af adjaeeBt straetur1lS withiB the same ~ . SECTION 2, Section 3-3 [C) 1 relating to yard requirements is hereby amended to read as follows: [C]. In R-I, R-2, B-1, and B-2 districts where adjacent structures, excluding accessory buildings within same block, have front yard setbacks different from those required, the front yard minimum setback shall be the average of the adjacent structures. If there is only one (1) adjacent structure, the front yard minimum setback shall be the average of the required setback as established within the underlying residential district and the setback of the adjacent structure. In Be ease shall the mini_ frsllt YllT4 set'aaek eReeed thirty (30) feet, eJle6flt as pTs'.'ided in sooseetisB [F] belew. . 4 . Planning Commission Agenda - 03/06/07 CHAPTER 19C "RS" RIVER STREET OVERLAY DISTRICT SECTION: 19C-I: Purpose 19-2: District Application 19C-3: Permitted Uses 19C-4: Prohibited Uses 19C-5: Development Regulation 19C-l: PURPOSE: The purpose of the "RS" River Street overlay district is to establish regulations specific to the low density, single family, detached residential dwelling units and directly related complementary uses located along River Street. 19C-2: DISTRICT APPLICATION: . [A] The "RS," River Street, district shall be applied to and superimposed on all properties located on River Street, and identified as such by a corresponding street address, contained herein existing or amended by the text of this ordinance. The regulations and requirements imposed by the. "RS," River Street, district shall be in addition to those established for the district whiCh jointly applies. Under the Joint Application of Districts, the more restrictive requirements shall apply. 19C-3: PERMITTED USES: The following operations and uses are permitted in the "River Street district" as a matter of right subject to arty other applicable code, ordinance, or law: [A] Those uses permitted in the "R.I " District, under the same conditions as listed in that district. 19C-4: PERMITTED ACCESSORY USES: The following are permitted accessory uses III The "River Street" District as a matter of right subject to any other applicable code, ordinance, or law: [A] Those permitted accessory uses as allowed in the "R -I" District, under the same conditions as listed in that district. 19C-5: CONDITIONAL USES: The following are conditional uses in the "River Street" District (requires a conditional use permit based upon procedures set forth in and regulated by Chapter 22 of this ordinance). . [A] Those conditional uses as allowed in the "R.I District, under the same conditions as listed in that district. 5 . Planning Commission Agenda - 03/06/07 19B-6: SETBACKS. The following minimum requirements shall be observed in a Public/Semi-Public Use District, subject to additional requirements, exceptions, and modifications set forth in this Ordinance. [A] Front Yards: Not less than fifty (50) feet. [B] Side Yards: 1. Side Yard, interior. Ten (10) feet minimum to dwelling and six (6) feet minimum to accessory structures. 2. Side Yard, comer. Twenty (20) feet minimum on the street side and ten (10) feet minimum to house on interior side 2. Not less than six (6) feet for single family homes on lots of record with a lot width 66 feet or less in the Original Plat of Monticello and Lower Monticello which are zoned R-I or R-2. . [C] Rear Yards: Not less than thirty (30) feet.* *May be subject to additional district regulations, including, but not limited to, the Wild and Scenic Rivers Management District, the Flood Plain Management District, and the Shoreland District. THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY FOLLOWING ITS PASSAGE AND PUBLICATION Approved by the Monticello City Council the 23rd day of January, 2007. CITY OF MONTICELLO By: Mayor Clint Herbst ATTEST By: Jeff O'Neill, City Administrator . 6 . c:: 0 II> "i: n:s Q. E 0 (,) ~ . (.) n:s .0 - G> U) - G> G> "- - U) "- G> > 0:: . ---- Gl .... ... c c ~ III ... C :I .- u'E o ------- - -- ... Gl 0 Cl... III ... ... III Gl.c ~1i I/) .... III c .!!! Glt: ... Gl .!!. c. ~ e II.. Cl'" C ... .- III 'lii.c '- .... >< Gl WI/) ---- ,~ ii)' ... Gl Gl ~ III .c ~ 5 E ~ J::I- Z l/l III ___w e o 0, e E Ul '" s: ... ... III .c .... Gl I/) .... o o u. o In ... ... III .c .... Gl I/) .... o o u. o l"l Gl ... c .!!! C. 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The proposed minor subdivision consists of splitting off Lot 2 of the Monticello Business Center Third Addition to sell the parcel. The subject site is .76 acres in size and is zoned B-3, Highway Business. The site is located in the northwest comer of the Wal-Mart parking lot. The remaining portion of the site, identified as Lot I, is 26.89 acres in area. Comprehensive Plan. The subject site is guided for commercial land uses. Zoning. The subject site is zoned B-3, Highway Business. The purpose ofthe B 3 highway business district is to provide for and limit the establishment of motor vehicle oriented or dependent commercial and service activities. ANALYSIS The applicant is proposing a minor subdivision to split a piece of property from the Monticello Business Center Third Addition and plat it as a separate parcel. A conditional use permit for a motor fuel station was previously approved for the site. This CUP has since expired. As such, no zoning approvals apply to this new platted parcel. Any use requiring a conditional use permit must formally apply for approval. Lot Requirements and Setbacks. Applicable lot and setback requirements for the B-3 District are shown below. These performance requirements refer to Lot 2. All performance requirements for Lot I are unaffected by the subdivision. Lot Width Front Yard Setback Rear Yard Setback Side Yard Setback Requirement 100 feet 30 feet 30 feet 10 feet Proposed 139.4 feet N/A N/A N/A A building footprint has not been illustrated on the plat. Therefore, setback information is not available. However, the size of the parcel appears to be large enough to accommodate a commercial user without requiring a setback variance. The placement of any structure on the site will be evaluated on its own merit. No minimum lot size is required for the B-3 District. Access. An access easement for the site is proposed over the existing driveway into the Wal- Mart parking lot. Access into the site is possible in the southeast comer, the southwest comer, and on the east side of the site. Upon development of the site, staff recommends that the southwest curb cut be restricted to right-in/right-out traffic to prevent traffic from backing up onto Cedar Street. This issue may be addressed with any future land use application for the site. . Grading, Drainage, and Utilities. The City Engineer has reviewed the plans for all grading, drainage, and utility issues and offers the following comments: . Obtain permanent drainage easement over private stormwater pond (runoff discharges into pond). . Obtain utility easement over 6" sanitary sewer service line to Cedar Street, including within the access easement area. . Obtain utility easement over 2" water service line connecting lot 2 to 12" water line in front ofWalMart, as well as over the water line connecting to School Boulevard. The viability of the existing 2" water service as shown will need to be verified once a use for the lot has been identified. Connection to 8" DIP watermain stub on Cedar Street may be necessary. Recording. Ifthe final plat is approved by the City Council, the subdivider shall record it with the Wright County Recorder within 100 days after said approval. If the subdivider fails to so record the final plat, the approval shall be considered void, unless a request for time extension is submitted in writing and approved by the City Council prior to the expiration of the 100 day period. ALTERNATIVE ACTIONS . Regarding the request for preliminary and final plat approval of the Monticello Business Center Fourth Addition, a lot split resulting in two lots, the City has the following options: 1. Motion to approve the Preliminary and Final Plat of the Monticello Business Center Fourth Addition, subject to a finding that the proposed use is consistent with the intent ofthe B-3, Highway Business District, and the Comprehensive Plan, subject to the condition outlined in Exhibit Z. 2. Motion to deny the Preliminary and Final plat, based on a finding that the proposed use is not consistent with the intent of the B-3 District. RECOMMENDATION Upon review of the proposed plat, staff finds that it is consistent with the performance requirements for the B-3, Highway Business district. The site is proposed to have access from the existing driveway into the Wal-Mart site. The site appears large enough to support a commercial use which meets the setback requirements for the district. As such, staff recommends approval of the preliminary and final plat. Any future user which may require further zoning approvals must formally apply. SUPPORTING DATA . A: B: Z: Preliminary Plat Final Plat Conditions of Approval 2 . . . EXHIBIT Z Conditions of Approval for Monticello Business Center Fourth Addition 1. The applicant shall comply with all recommendations ofthe City Engineer, as noted in a memo dated March 28, 2007 and detailed above. 3 ~:::=~i OOt"l!"S.~.~ni""""P3 -,- -o~ -5~~--n U'O.J.J04'-"'. ' ," '""~O '" ~\!,;;:>"'C p W$~1J.."CS ,5 "4) jG 5 JOpun JC ~b~1 t"" un~;,"1,d~~'U;lO!l ^~~ UO'O "'AJn. ~,~t;~t'G"tD~ \~~~~/;;: , !lJao.{ca'''ul SNOISlk3d :,;:'~,3'" olV..';l NOIIIGOV HldnOj d31N3:J VlOS3NNI~ ' Ol13JIINO SS3NIsns Ol13:JIINO~ 55'" S10\O , NOlldl~JS}[] SNO'SII'.3~ ' :VfG " "',, 1 Vld ^" qVNI~1 13dd ,~ ~~~ ;:':-:;:; I'!, I i.=~ "lJj= ~5; , If'"u -.L~~"--- ~ c , ~ c / 1, z~ a ~ , '-:. -~ VWI II -1./ !,,'. /\~ I. 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REFERENCE AND BACKGROUND The City recently amended the public nuisance ordinance to address blight issues within the City. In discussions regarding this amendment, concerns were raised regarding vehicle storage in the rear yard of residential properties. As the zoning ordinance currently reads, vehicle parking is allowed in the side yard and rear yard of residential properties. Parking is also allowed in the front yard, provided it is on a designated driveway leading directly into a garage or on one open, surfaced space located on the side of a driveway away from the principal use. Said extra space is required to be surfaced with concrete or bituminous material. The public nuisance ordinance prohibits junk vehicles by classifying them as refuse. Junk vehicles are defined as, "a vehicle without a valid current license, or without a valid current registration (if applicable), or which is apparmently inoperable located outside an enclosed building in a residential area including, but not limited to, automobiles, trucks, motorcycles, snowmobiles, trailers, all-terain vehicles, and watercraft. Junk vehicles are not allowed to be parked in any portion of the yard on a residential property. In order to further support the amended nuisance ordinance and ease enforcement for City Officials, an amendment to Section 3-5 ofthe Zoning Ordinance relating to off- street parking requirements is proposed. This amendment would prohibit vehicle storage in the rear yard, except in cases where a properties only garage is located in the rear yard. Under these circumstances, vehicle parking would be allowed on designated driveways leading directly to the garage, or on one open, surfaced space located on the side of a driveway away from the principal use. This exception is identical to that allowed for vehicle parking in the front yard. Accessory Structures. The Ordinance states that for single family residential uses, no detached accessory building shall exceed 10% of the rear yard of the parcel on which it is located, nor shall any combination of attached garage and detached accessory building exceed 1,200 square feet, whichever is less. This area may be increased to 1,500 square feet by Conditional Use Permit only. No property shall be permitted to have more than one detached accessory structure for each dwelling, except: . By conditional use permit, or . For conforming single family dwellings, one (I) detached accessory structure of not more than 120 square feet shall be permitted as a second accessory structure without a conditional use permit. 1 Planning Commission Agenda- 04/03/07 . As it relates to the proposed amendment, no property would be allowed more than one detached garage in the rear yard, except by conditional use permit. CONCLUSION The City Council has asked staff to prepare an amendment restricting vehicle storage in the rear yard of any residential property. The amendment proposed creates an additional paragraph to the off-street parking section of the zoning ordinance, specifically referring to location. It should be noied that this amendment may have other impacts on residential properti es. One issue to consider is whether or not the amendment will require the City to regulate parking in the side yard as well. The current ordinance permits parking in the side yard, with no setback restrictions. This may allow vehicles to be parked in the side yard, directly abutting the property line. Some language issues may also need to be addressed. Section 3-5[F] of the Zoning Ordinance currently states, "All accessory off-street parking facilities required by this ordinance shall be located and restricted as follows." The City may want to consider modifying this language, as the off-street parking facilities regulated by the Ordinance are not necessarily required. . Additional modifications may include addressing the required setback from a street surface. This is particularly true in light of recent enforcement questions regarding the 15' parking setback from the street. In dealing with similar amendments in other cities, several issues have also surfaced. One potential consequence is that, with the language proposed, residents may be compelled to purge any items that had previously been stored in a detached garage to make room for a vehicle, and instead store these items in the rear yard. Items such as snowmobiles, ATV's, and the like that may have been previously stored in the detached garage may be removed to make room for a vehicle. This may create further blight Issues. ALTERNATIVE ACTIONS In regard to the proposed amendment to Section 3-5 [F] of the Zoning Ordinance, the City had the following options: 1. Motion to recommend approval of the proposed amendment, based on a finding that the the amendment is consistent with the intent of the off-street park regulations and it will assist in protecting the health, safety, and general welfare ofthe community. . 2 Planning Commission Agenda- 04/03/07 . 2. Motion to recommend denial of the proposed amendment, based on a finding that the amendment is not consist with the intent of the Zoning Ordinance in regard to off-street parking regulations. RECOMMENDATION Prohibiting vehicle storage in the rear yard of residential properties will support the amended public nuisance ordinance, and assist City Officials in addressing blight issues. An exception has been allotted for situations where a property's only garage is in the rear yard. For such occurances, parking may allowed in a manner identical what is currently allowed in the front yard. The proposed amendment address the specific issue of rear yard vehicle storage only. If the goal of the City is to address this issue in isolation, staff recommends approval of the following amendment. As noted in the above text, several other issues may also need to be addressed in correlation with the proposed amendment. Staff can prepare a more comprehensive ordinance amendment to address these issues at the direction of the City. SUPPORTING DATA . A. Proposed Ordinance B. Current Off-Street Parking Ordinance . 3 Planning Commission Agenda- 04/03/07 A . ORDINANCE NO. CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE RESTRICTING THE LOCATION OF OFF-STREET PARKING IN RESIDENTIAL DISTRICTS, AMENDING SECTION 3-5 OF THE MONTICELLO ZONING ORDINANCE THE CITY COUNCIL OF THE CITY OF MONTICELLO ORDAINS: Section 1. Section 3-5[F] the Monticello Zoning Ordinance is amended to create the following section in its entirety: 7. In the case ofsingje familv. two-familv. and townhouse dwellings. parking shall be prohibited in anv portion of the rear vard. In the case where the onlv attached or detached garage on a propertv is located in the rear vard. parking mav be allowed in designated drivewavs leading directlv into a garage. or on one (1) open. surfaced space located on the side of a drivewav awav from the principal use. Said extra space shall be surfaced with concrete or bituminous material. . Section 2. 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 ,2007. CITY OF MONTICELLO By: Mayor Clint Herbst ATTEST By: Jeff O'Neill, City Administrator . 4 . . . (? 960 square feet. (b) I 1/4 story, I 1/2 story, I 3/4 story--I ,060 square feet. (c) Two-Story Dwelling--750 square feet per story, NOTE: All square footages are based on [mish area above grade, (d) EXCEPTION: The minimum square footage ofa one-story may be reduced to 864 square feet if a garage is added with at least 400 square feet. In no case, however, shall the minimum dimension of that garage be less than 16 feet. (7/22/91, #210) (5/23/94, #251) 2. MULTIPLE DWELLING UNITS: Except for elderly housing, living units classified as multiple dwellings shall have the following minimum floor areas per unit: (a) (b) (c) (d) Efficiency Units One Bedroom Units Two Bedroom Units More than Two Bedroom Units 500 square feet 600 square feet 720 square feet An additional I 00 square feet for each additional bedroom 3, ELDERLY (SENIOR CITIZEN) HOUSING: Living units classified as elderly (senior citizen) housing units shall have the following minimum floor areas per unit: (a) (b) Efficiency Units One Bedroom 440 square feet 520 square feet [H] EFFICIENCY APARTMENTS: Except for elderly (senior citizen) housing, the number of efficiency apartments in a multiple dwelling shall not exceed five (5) percent of the total number of apartments, In the case of elderly (senior citizen) housing, efficiency apartments shall not exceed twenty (20) percent of the total number of apartments. 3-5: OFF-STREET PARKING REQUIREMENTS: [A] PURPOSE: The regulation of off-street parking spaces in these zoning regulations is to alleviate or prevent congestion of the public right-of-way and to promote the safety and general welfare of the public by establishing minimum requirements for off-street parking of motor vehicles in accordance with the utilization of various parcels ofland or structures, [B] APPLICATION OF OFF-STREET PARKING REGULATION: The MONTICELLO ZONING ORDINANCE 3/31 . . . [C] [D] regulations and requirements set forth herein shall apply to all off-street parking facilities in all of the zoning districts ofthe city. SITE PLAN DRAWING NECESSARY: All applications for a building or an occupancy permit in all zoning districts shall be accompanied by a site plan drawn to scale and dimensioned indicating the location of off-street parking and loading spaces in compliance with the requirements set forth in this section. GENERAL PROVISIONS: 1. FLOOR AREA: The term "floor area" for the purpose of calculating the number of off-street parking spaces required shall be determined on the basis of the exterior floor area dimensions of the buildings, structure, or use times the number of floors, minus ten (10) percent. 2. REDUCTION OF EXISTING OFF-STREET PARKING SPACE OR LOT AREA: Off-street parking spaces and loading spaces or lot area existing upon the effective date of this ordinance shall not be reduced in number or size unless said number of size exceeds the requirements set forth herein for a similar new use. 3. NON-CONFORMING STRUCTURES: Should non-conforming structures or use be damaged or destroyed by fire, it may be re- established if elsewhere permitted in these zoning regulations, except that in doing so, any off-street parking or loading space which existed before shall be retained. 4. CHANGE OF USE OR OCCUPANCY OF LAND: Any change of use or occupancy of land already dedicated to a parking area, parking spaces, or loading spaces shall not be made, nor shall any sale of land, division, or subdivision ofland be made which reduces area necessary for parking, parking stalls, or parking requirements below the minimum prescribed by these zoning regulations. 5. CHANGE OF USE OR OCCUPANCY OF BUILDING: Any change of use of occupancy of any building or buildings, including additions thereto, requiring more parking area shall not be permitted until there is furnished such additional parking spaces as required by these zoning regulations. 6. PUBLIC PARKING LOTS: In the event ofa change of use or occupancy ofland and/or buildings where such change shall cause the new use to be in violation of the minimum parking requirements of this section, the Planning Commission may recommend approval of a variance which would grant the use of public parking spaces in a MONTICELLO ZONING ORDINANCE 3/32 . sufficient number to bring the total number of parking spaces (public and private) into compliance with the minimum requirements of this section. For each public parking space required to comply with the minimum requirements of this section, an annual fee shall be paid to the City, said fee to be established on an annual basis by the City Administrator. Any variance request to utilize public parking space shall be reviewed in accordance with the provisions of Chapter 23 of this ordinance and shall require final approval of the City Council. 7. Off-street parking facilities accessory to residential use may be utilized solely for the parking of licensed and operable passenger automobiles, no more than one (1) truck not to exceed gross capacity of nine thousand (9,000) pounds, and recreational vehicle and equipment. Under no circumstances shall required parking facilities accessory to residential structures be used for the storage of commercial vehicles or equipment or for the parking of automobiles belonging to the employees, owners, tenants, or customers of business or manufacturing establishments. 8. CALCULATING SPACE: (a) When determining the number of off-street parking spaces results in a fraction, each fraction of one-half (1/2) or more shall constitute another space. . (b) In stadiums, sports arenas, churches, and other places of public assembly in which patrons or spectators occupy benches, pews, or other similar seating facilities, each twenty-two (22) inches of such seating facilities shall be counted as one (1) seat for the purpose of determining requirements. (c) Should a structure contain two (2) or more types of use, each shall be calculated separately for determining the total off-street parking spaces required. 9. STALL, AISLE, AND DRIVEWAY DESIGN: (a) PARKING SPACE SIZE: Each parking space shall be not less than nine (9) feet wide and twenty (20) feet in length exclusive of access aisles, and each space shall be served adequately by access aisles. EXCEPTION: Where desired, up to 25% of the parking spaces may be not less than seven and one-half (7-112) feet in width and not less than sixteen (16) feet in length when served adequately by access aisles to accommodate compact car parking and should be marked as such. (b) WITHIN STRUCTURES: The off-street parking requirements may be furnished by providing a space so designed within the principal building or one (I) structure attached thereto; however, unless provisions are made, no building permit shall be issued to convert said parking structure into a dwelling unit or living area or other activity until other adequate provisions are made to comply with the required off-street parking provisions of this ordinance. . MONTICELLO ZONING ORDINANCE 3/33 . . . (c) Except in the case of single, two-family, and townhouse dwellings, parking areas shall be designed so that circulation between parking bays or aisles occurs within the designated parking lot and does not depend upon a public street or alley. Except in the case of single, two-family, and townhouse dwellings, parking area design which requires backing into the public street is prohibited. (d) No curb cut access shall be located less than forty (40) feet from the intersection of two (2) or more street right-of-ways. This distance shall be measured from the intersection oflot lines. (e) Except in the case of single family, two-family, and townhouse dwellings, parking areas and their aisles shall be developed in compliance with the following standards: ANGLE WALL TO MINIMUM WALL TO INTERLOCK MINIMUM INTERLOCK TO INTERLOCK MINIMUM 30 45 60 90 44.5' 53.4' 59.7' 64.0' 40.3' 50.0' 57.4' 64.0' 48.6' 56.8' 62.0' 64.0' Parallel Parking: Twenty-two (22) feet in length. (f) The maximum driveway width between the public street and the property line shall not exceed twenty-four (24) feet with the following exceptions: I. Within all districts, a five foot radius curb may be constructed at the public street in addition to the maximum driveway width allowed. 2. Curb cut access in industrial and commercial zoning districts may exceed twenty-four (24) feet with the approval of the City Engineer and the Zoning Administrator. Denial by the City Engineer or Zoning Administrator of curb cut access in excess of twenty-four (24) feet may be appealed following the procedures outlined in Chapter 23 of the zoning ordinance. (1110/00,#399) (g) Curb cut openings and driveways shall be at a minimum three (3) feet from the side yard property line in residential districts and five (5) feet from the side yard lot line in business or industrial districts. (h) Driveway access curb openings on a public street except for single, two-family, MONTICELLO ZONING ORDINANCE 3/34 . . . (i) (j) (k) (1) (m) (n) (0) and townhouse dwellings shall not be located less than forty (40) feet from one another. The grade elevation of any parking area shall not exceed five (5) percent. Each property shall be allowed one (1) curb cut per one hundred twenty-five (125) feet of street frontage. All property shall be entitled to at least one (1) curb cut. Single family uses shall be limited to one (1) curb cut access per property. SURF ACING: All areas intended to be utilized for parking space and driveways shall be surfaced with materials suitable to control dust and drainage. Except in the case of single family and two-family dwellings, driveways and stalls shall be surfaced with six (6) inch class five base and two (2) inch bituminous topping or concrete equivalent. Drainage plans shall be reviewed by the City Engineer and subject to his approvaL City staff may waive this requirement if it is determined that the drainage plans do not merit further study by the City Engineer. Staff determination in this regard shall be based on size of parking surface area, simplicity of design plan, and proximity/accessibility to existing storm sewer facilities. EXCEPTIONS: See D. 9 (s) Stall Aisle and Driveway Design Conditional Use Permit. (#192,7/9/90) STRIPING: Except for single, two-family, and townhouses, all parking stalls shall be marked with white painted lines not less than four (4) inches wide. LIGHTING: Any lighting used to illuminate an off-street parking area shall be so arranged as to reflect the light away from adjoining property, abutting residential uses, and public right-of-ways and be in compliance with Chapter 3, Section 2, [G] and [H] of this ordinance. SIGNS: No sign shall be so located as to restrict the sight lines and orderly operation and traffic movement within any parking lot. CURBING AND LANDSCAPING: Except for single, two-family, and townhouses, all open off-street parking shall have a perimeter curb barrier around the entire parking lot, said curb barrier shall not be closer than six (6) feet to any lot line as measured from the lot line to the face ofthe curb. In addition, no parking area may be located upon a public drainage and/or utility easement adjoining a public street. Grass, plantings, or surfacing material shall be provided in all areas bordering the parking area.. An exception to the setback requirement shall be granted in Business Districts where adjoining business provide for private cross access between parking lots. In such cases, driveway curb cuts up to 24 feet in width shall be permitted. Adjoining MONTICELLO ZONING ORDINANCE 3/35 . . . business properties may share t' II parking access of more than 24 feet with no curb barrier by Conditional Us Permit provided that: 1. The required landscaping and island areas within the share parking lot meet the combined minimum as required by this Ordinance. 2. The parking lot meets the required setback at the perimeter of the parcels in question. 3. The curb cut access locations to the parking lot( s) are approved by the City Engineer. 4. A shared access and maintenance agreement is provided by the property owners and recorded against all subject properties. (#428, 8/22/05) EXCEPTIONS: See D. 9 (s) Stall Aisle and Driveway Design Conditional Use Permit. (#192,7/9/90) (p) REQUIRED SCREENING: All open, non-residential, off-street parking areas of five (5) or more spaces shall be screened and landscaped from abutting or surrounding residential districts in compliance with Chapter 3, Section 2, of this ordinance. (q) ALL DRNEW A Y ACCESS OPENINGS shall require a culvert unless the lot is served by storm sewer or is determined unnecessary by the Building Inspector. Size of culvert shall be determined by the Building Inspector but shall be a minimum of fifteen (15) inches in diameter. (r) CURBING: 1. All commercial and industrial off-street parking areas and driveways in commercial areas shall have a six (6) inch non-surmountable continuous concrete curb around the perimeter of the parking area and driveways. 11. All off-street driveways and parking areas in the I-I, I-lA, and 1-2 districts shall have a continuous, concrete, non-surmountable curb barrier. This requirement shall be modified only by the STALL, AISLE, AND DRNEW A Y DESIGN CONDITIONAL USE PERMIT as described in Section 3-5, Subd. [D] 9(s), or by a permit from the Zoning Administrator for a portion of the parking and driveway area which meets the following conditions: (#298, 10/13/97) a. The area is shown by adequate site plans and reasonable growth to be subject to a future expansion of the driveway and/or parking area. b. The area is shown by adequate drainage plans to be able to control MONTICELLO ZONING ORDINANCE 3/36 . . . drainage as recommended by the City Engineer. The Engineer may approve bituminous curbing as a temporary drainage control measure. c. The area is shown by adequate site plans to be able to control site traffic and circulation as recommended by the City Engineer. The Engineer may approve movable curb stops as a temporary traffic control measure. (#280, 6/10/96) iii. All curb designs and materials shall be approved by the City Engineer. EXCEPTIONS: See D. 9 (s) Stall Aisle and Driveway Design Conditional Use Permit. (s) STALL AISLE AND DRIVEWAY DESIGN CONDITIONAL USE PERMIT: Stall aisle and driveway design requirements as noted in (k) Surfacing, (0) Curbing and Landscaping, and (r) Curbing, may be lessened subject to the following conditions: 1. Any reduction in requirements requires completion of the conditional use permit process outlined in Chapter 22 of this ordinance. 11. Final approval of parking and driveway drainage plans associated with conditional use permit request shall be provided in writing by the City Engineer. Engineering expenses greater than the portion of building permit fee allocated for engineer plan review shall be paid by applicant prior to occupancy of structure. 111. Only properties which have existing buildings and are being expanded or remodeled for a new use shall be eligible for this conditional use permit. IV. The applicant must show, and the Planning Commission must fmd, that there are existing non-conformities of the property which are being eliminated by the expansion or remodeling which justifY a deferral to the paving, landscaping, or curbing requirements. v. A deferral shall be considered by the City as a part of an application which includes full site plans, drawn to scale, of both the immediate paving, landscaping and curbing improvements and the ultimate paving, landscaping, and curbing improvements. VI. A deferral of paving, landscaping, and/or curbing shall be granted for no more than two (2) years, after which the paving, landscaping, and curbing shall be brought into conformance with zoning ordinance and the approved plans. MONTICELLO ZONING ORDINANCE 3/37 . . . vii. In all districts other than the A-O District, this deferral shall apply only to the required paving, curbing and landscaping which is applicable to the existing portion of the use and building. Paving, curbing and landscaping attributable to any expansion shall be installed at the time of the expanSIOn. viii. In all districts other than the A-O District, this deferral shall be available only to those properties where the total value of building expansion or remodeling (as determined by the City of Monticello's Building Official) is equal to no more than 25% of the Estimated Market Value (EMV) of the Building as established by the Wright County Assessor at the time of the permit request. Subsequent requests shall use the original EMV as the baseline value. (1/24/00, #341) [E] MAINTENANCE: It shall be the joint and several responsibility of the lessee and owner of the principal use, uses, or building to maintain in a neat and adequate manner, the parking space, accessways striping, landscaping, and required fences. [F] LOCATION: All accessory off-street parking facilities required by this ordinance shall be located and restricted as follows: 1. Required accessory off-street parking shall be on the same lot under the same ownership as the principal use being served except under the provisions of Chapter 3, Section 5 [I]. 2. Except for single, two-family, and townhouse dwellings, head-in parking directly off of and adjacent to a public street with each stall having its own direct access to the public street shall be prohibited. 3. There shall be no off-street parking within fifteen (15) feet of any street surface. 4. The boulevard portion of the street right-of-way shall not be used for parking. 5. SETBACK AREA: Required accessory off-street parking shall not be provided in front yards or in side yards in the case of a comer lot in R-I, R-2, R-3, PZ, and B-1 districts. 6. In the case of single family, two-family, and townhouse dwellings, parking shall be prohibited in any portion of the front yard except designated driveways leading directly into a garage or one (I) open, surfaced space located on the side of a driveway away from the principal use. Said extra space shall be surfaced with concrete or bituminous material. [G] USE OF REQUIRED AREA: Required accessory off-street parking spaces in any district shall not be utilized for open storage, sale, or rental of goods, storage of inoperable vehicles as regulated by Chapter 3, Section 2 [M], of this ordinance, and/or MONTICELLO ZONING ORDINANCE 3/38 . . . storage of snow. [H] NUMBER OF SPACES REQUIRED: The following minimum number of off-street parking spaces shall be provided and maintained by ownership, easement, and/or lease for and during the life ofthe respective uses hereinafter set forth. 1. SINGLE FAMILY, TWO-FAMILY, AND TOWNHOUSE UNITS: Two (2) spaces per unit. 2. BOARDING HOUSE, FRATERNITY HOUSE, SORORITY HOUSE: At least two (2) parking spaces for each three (3) persons for whom accommodations are provided for sleeping. 3. MULTIPLE FAMILY DWELLINGS: At least two (2) off-street parking spaces per unit with one (I) enclosed space per two (2) units. 4. PUBLIC PARKS, PLAYGROUNDS, AND PLAY FIELD: At least five (5) parking spaces for each acre of park over one (I) acre; two (2) parking spaces per acre for playgrounds; and ten (10) spaces of each acre of play field. When a public recreation site has more than one (I) use designation, the areas must be divided for determining the required parking spaces. 5. MOTELS, MOTOR HOTELS, HOTELS: One (I) space per each rental unit plus one space for each ten (10) units and one (I) space for each employee on any shift. 6. SCHOOL, ELEMENTARY AND JUNIOR HIGH: At least one (I) parking space for each classroom plus one (I) additional space for each fifty (50) student capacity. 7. SCHOOL, HIGH SCHOOL THROUGH COLLEGE AND PRIVATE AND DAY OR CHURCH SCHOOLS: At least one (I) parking space for each seven (7) students based on design capacity plus one (I) for each three (3) classrooms. 8. CHURCH, AUDITORIUM: At least one (I) parking space for each four (4) seats based on the design capacity of the main assembly hall. Facilities as may be provided in conjunction with such buildings or uses shall be subject to additional requirements which are imposed by this ordinance. (#186,4/23/90) 9. BASEBALL FIELDS, STADIUMS: At least one (I) parking space for each eight (8) seats of design capacity. 10. COMMUNITY CENTER, PHYSICAL CULTURE STUDIOS, LIBRARIES, PRIVATE CLUBS, LODGES, MUSEUMS, ART GALLERIES: Ten (10) spaces plus one (I) for each one hundred fifty (ISO) square feet in excess of two MONTICELLO ZONING ORDINANCE 3/39 . . . thousand (2,000) square feet of floor area in the principal structure. II. SANTI ARIUMS, CONVALESCENT HOME, REST HOME, NURSING HOME, OR DA YNURSERIES: Four (4) spaces plus one (I) for each three (3) beds for which accommodations are offered. 12. ELDERLY (SENIOR CITIZEN) HOUSING: Reservation of area equal to one (I) parking space per unit. Initial development is, however, required of only one-half (1/2) space per unit, and said number of spaces can continue until such time as the City Council considers a need for additional parking spaces has been demonstrated. 13. DRIVE-IN ESTABLISHMENT: At least one (I) parking space for each fifteen (15) square feet of gross floor area but not less than fifteen (15) spaces. (#190, 5/14/90) 14. OFFICE BUILDINGS, ANIMAL HOSPITALS, AND PROFESSIONAL OFFICES: Three (3) spaces plus at least one (I) space for each two hundred (200) square feet of floor area. 15. BOWLING ALLEY: At least five (5) parking spaces for each alley plus additional spaces as may be required herein for related uses contained within the principal structure. 16. MOTOR FUEL STATION: At least four (4) off-street parking spaces plus two (2) off-street parking spaces for each service stall. Those facilities designed for sale of other items than strictly automotive products, parts, or service shall be required to provide additional parking in compliance with other applicable sections of this ordinance. 17. RETAIL STORE AND SERVICE ESTABLISHMENT: At least one (I) off- street parking space for each two hundred (200) square feet. 18. RETAIL STORE AND SERVICE BUSINESS WITH FIFTY (50) PERCENT OR MORE OF GROSS FLOOR AREA DEVOTED TO STORAGE, WAREHOUSES, AND/OR INDUSTRY: The number of spaces shall be required by either (a) or (b). (a) At least eight (8) spaces or one (I) space for each two hundred (200) square feet devoted to public sales or service plus one (I) space for each 500 square feet of storage area. (b) At least eight (8) spaces or one space for each employee on the maximum shift. 19. RESTAURANTS, CAFES, PRIVATE CLUBS SERVING FOOD AND/OR MONTICELLO ZONING ORDINANCE 3/40 . . . DRINKS, BARS, TAVERNS, NIGHTCLUBS, CONVENIENCE FOOD: At least one (1) space for each forty (40) square feet of gross floor area of dining and bar area and one (I) space for each eighty (80) square feet of kitchen area. (#190,5/14/90) 20. UNDERTAKING ESTABLISHMENTS: At least twenty (20) parking spaces for each chapel or parlor, plus one (I) parking space for each funeral vehicle maintained on the premises. Aisle spaces shall also be provided off the street for making up a funeral procession. 21. AUTO REPAIR, MAJOR BUS TERMINAL, TAXI TERMINAL, BOATS AND MARINE SALES AND REPAIR, BOTTLING COMPANY, SHOP FOR A TRADE EMPLOYING SIX (6) OR LESS PEOPLE, GARDEN SUPPLY STORE, BUILDING MATERIAL SALES IN STRUCTURE: Eight (8) off- street parking spaces plus one (I) additional space for each eight hundred (800) square feet of floor area over one thousand (1,000) square feet. 22. SKATING RINK, DANCE HALL, OR PUBLIC AUCTION HOUSE: One (I) off-street parking space for each forty (40) square feet of floor space. In the case of an auction house facility, outside sales area shall be added to the floor space of principal building when determining square footage. 23. GOLF DRIVING RANGE, MINIATURE GOLF, ARCHERY RANGE: Ten (10) off-street parking spaces, plus one (I) for each one hundred (100) square feet of floor area. 24. MANUFACTURING, FABRICATING, OR PROCESSING OF A PRODUCT OR MATERIAL; WAREHOUSE; STORAGE; HANDLING OF BULK GOODS; POST OFFICES: At least eight (8) spaces plus one (I) space for each two (2) employees on each shift based on maximum planned employment or at a minimum at least eight (8) spaces plus one (I) space for each five hundred (500) square feet of floor area. 25. CAR WASH (In addition to required magazining or stacking space): (a) AUTOMATIC DRIVE THROUGH, SERVICED: A minimum often (10) spaces or one (I) space for each employee on the maximum shift, whichever is greater. (b) SELF-SERVICE: A minimum of two (2) spaces. (c) MOTOR FUEL STATION CAR WASH: Zero (0) in addition to that required for the station. 26. HOSPITALS: Two (2) spaces per each bed. 27. THEATRES: MONTICELLO ZONING ORDINANCE 3/41 . . . (a) THEATRE LOCATED WITHIN ORIGINAL PLAT OF MONTICELLO: At least one (I) parking space for each five (5) seats based on the design capacity of the main assembly hall. Facilities as may be provided in conjunction with such buildings or uses shall be subject to additional requirements which are imposed by this ordinance. (b) THEATRE NOT LOCATED IN THE ORIGINAL PLAT OF MONTICELLO: At least one (I) parking space for each four (4) seats based on the design capacity of the main assembly hall. Facilities as may be provided in conjunction with such buildings or uses shall be subject to additional requirements which are imposed by this ordinance. (#186,4/23/90) [I] JOINT FACILITIES: I. The City Council may, after receiving a report and recommendation from the Planning Commission, approve a conditional use permit for one (I) or more businesses to provide the required off-street parking facilities by joint use of one (I) or more sites where the total number of spaces provided are less than the sum of the total required for each business should they provide them separately. When considering a request for such a permit, the Planning Commission shall not recommend that such permit be granted nor the Council approve such a permit except when the following conditions are found to exist: (a) Up to fifty (50) percent of the parking facilities required for a theatre, bowling alley, dance hall, bar, or restaurant may be supplied by the off- street parking facilities provided by types of uses specified as a primarily daytime use in subparagraph (d) below. (b) Up to fifty (50) percent of the off-street parking facilities required for any use specified under (d) below as primary daytime uses may be supplied by the parking facilities provided by the following nighttime or Sunday uses: Auditoriums incidental to a public or parochial school, churches, bowling alleys, dance halls, theatres, bars, or restaurants. (c) Up to eighty (80) percent of the parking facilities required by this section for a church or for an auditorium incidental to a public or parochial school may be supplied by off-street parking facilities provided by uses specified under (d) below as primarily daytime uses. (d) For the purpose of this section, the following uses are considered as primarily daytime uses: Banks, business offices, retail stores, personal service shops, household equipment or furniture shops, clothing or shoe repair or service shops, manufacturing, wholesale, and similar uses. (e) Conditions required for joint use: 1. The building or use for which application is being made to utilize MONTICELLO ZONING ORDINANCE 3/42 . . . Planning Commission Agenda - 04/03/07 ? Consideration to approve a resolution frodi"!!: that a modification to the Redevelopment Plan for Central Monticello Redevelopment Proiect No.1 and the TIF Plan for TIF District No. 1-38 conform to the !!:eneral plans for the development and redevelopment ofthe citv. WRE. LLC dba Walker In-Store (O.K.) A. Reference and backl!round: 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. 1-38 Plan conform with the general plans for development and redevelopment of the city as described in the comprehensive plan. Proposed TIF District No. 1-38, an Economic District, is being established to assist with land and public improvement costs associated with development of the Monticello Business Center. WRE, LLC dba Walker In-Store plans to construct a 10,240 sq. ft. office/assembly/warehouse facility along Dalton Court. The company markets, sells, assembles, and distributes in-store display products. The proposed project will bring 11 full-time permanent jobs at an annual average wage-level of at least $18.81 per hour without benefits. The legal description of the parcel is Lot 2, Block 1, Otter Creek Crossing 3rd Addition. The size of the lot is 5.8 acres of which 1.5 acres is developable and the remaining acres consist of utility and ponding easements. The zoning is II-A (Light IndustriallBusiness Campus). As you recall, Declaration of Protective Covenants for Phase II have been recorded against the property to ensure quality exterior building materials, installation of irrigation, and no out-door storage. City staff and consultants met with the developer and architect on February 20 for the free Pre-Design Consultation. For this agenda item, the Planning Commission is stating the TIP Plan for District No. 1-38 conforms with the Comprehensive Plan: land use, zoning, and general development plans. The HRA will consider approval of the Plan on April II, 2007, and the City Council has scheduled a public hearing for consideration to adopt the TIP Plan for District No. 1-38 on April 23, 2007. It is anticipated conveyance of the land will take place soon thereafter. B. Alternative Action: 1. Motion to adopt a resolution finding that a modification to the Redevelopment Plan for Central Monticello Redevelopment Project No. I and the TIF Plan for TlF District No. 1-38 conform to the general plans for the development and redevelopment of the city. I . Planning Commission Agenda - 04/03/07 2. A motion to deny adoption of a resolution finding .............................................. 3. A motion to table any action. C. Recommendation: The City Administrator and HRA Executive Director recommend Alternative No.1. The proposed project complies with the Protective Covenants, the Comprehensive Plan, and creates liveable wage-level jobs. D. SUDDortinl! Data: Resolution for adoption, map, excerpt of the TIF Plan. Elevations and concept of project. . . 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. I AND A TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1-38 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. I (the "Redevelopment Plan Modification") and a Tax Increment Financing Plan for Tax Increment Financing District No. 1-38 (the "TIP Plan") therefor (the Redevelopment Plan Modification and the TIP Plan are referred to collectively herein at the "Plans") and has submitted the Plans to the City Planning Commission (the "Commission") pursuant to Minnesota Statutes, Section 469.175, Subd. 3, and WHEREAS, the Commission has reviewed the Plans to determine their conformity 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: April 3, 2007 Chair ATTEST: Secretary . 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AREA - 0240 GR 096 S.F.) 6UILDING - ~4OlI: OfFICE ('\it (6.1H s.r.) ~6OX WAREHOU 3666 NET S.F. STALLS PARKING DATA oss s.r. LESS FlO:T -3 .j. 1/200 _ 21 OFl'1CE 4.096 GR . 3.666 S. . 5,530 NET s.r. 19 STAllS ' SE - 6,IH s.r.S~ ~o~ AT 6 + 1/500 - 40 STAllSAU.S ~~:5 WAREHOU, 40 Sf . . . z o "' ~ ~ 5 F . ~ ~ I- Ul, ~ F~ :::J 0 Ul " <: . . . . . Planning Commission Agenda - 4/03/07 9. Consideration to review for comment the Wril!:ht County "Northeast Ouadrant" Land Use Plan. (NAC) REFERENCE AND BACKGROUND As the Planning Commission is likely aware, Wright County has been in the process of preparing a new Land Use Plan for the Northeast Quadrant of the county. This effort consists ofland use planning primarily for Monticello Township, Buffalo Township, and Rockford Township. The proposed plan does not address land uses inside incorporated City boundaries, nor does it affect land use planning within the Monticello Orderly Annexation Area. It is the first of three phases ofland use planning for Wright County. The next phase will address the northwest quadrant, and the fmal phase will address the southern section of the county. The plan address future land uses beyond, and adjacent to, the boundaries of the MOAA. Although the plan is described as utilizing a twenty year planning horizon, it will impact Monticello's future by establishing land use patterns in areas which may become targets for long-term incorporation. The County has scheduled a Public Hearing later in April to consider public comments on the planning document. East of Monticello Adjacent to the MOAA, the plan shows five primary future land use designations (in addition to small areas of residential that are already developed). To the east of the City, Rural Residential and Agricultural designations are shown. Rural Residential is defmed in the plan as one residential dwelling per ten acres, while Agricultural areas are intended for farming, but allow one residential dwelling per forty acres. The plan discusses the possibility that the County may consider a change in the Agricultural area to one dwelling per twenty acres. This reflected a discussion at the task force level debated the long-term viability of farming in some areas ofthe county, and whether are-designation ofthis area would be better labeled as "Rural", rather that "Agricultural. The I :40 versus 1 :20 debate is not likely to affect future City development or growth. Under either density, urban uses are usually able to be integrated over time when municipal services become available. The Twin Cities has extensive experience with one dwelling per ten acres. The Metropolitan Council established this density designation many years ago as a "holding zone" for future urban expansIOn. This designation has generally not been successful in achieving that goal. In most areas, local governments have been pressured to allow higher densities in some neighborhoods by averaging the 1: 10 standard over a broader area. In many areas where I: I 0 has been used and developed at that density, urban expansion has been 1 Planning Commission Agenda - 4/03/07 . strongly resisted by the residents of those large lots. Due to the development pattern that has been created by the I: I 0 standard, expansion into these areas has been thwarted, or made much more expensive, or both. As a result, reliance on this density as a holding zone is not an effective tool. Instead, the rural residential designation is most likely to result in a long-term, or "permanent", land use pattern. Monticello (as well as the county) should view it as such. The county's plan envisions a land use pattern that has concentrations of urban development in the incorporated cities separated by areas of rural use (primarily rural residential and agricultural uses). The current Monticello Comprehensive Planning effort has focused on building out the MOAA, and encouraging long- term growth to the west ofthe community. Therefore, agricultural and rural residential uses to the east of the MOAA - between Monticello and Otsego - would appear to be consistent with both the City's planning vision as well as the county's desire for rural spaces between urban concentrations. South of Monticello . To the south, the county's draft plan shows additional agricultural uses flanked by two unique preservation designations. One of these surrounds Pelican Lake, and is identified as "Resource Lands". Resource lands are essentially important environmental or ecological areas that provide valuable open space resources to the county as a whole. The designation of the areas around Pelican Lake for this purpose mirrors the City's existing Comprehensive Plan, and is an excellent component ofthe county's planning efforts. The second preservation area consists of several sections of land along either side of Trunk Highway 25 between Buffalo and Monticello. This area is designated "Aggregate Resources" and is intended to preserve the ability to exploit the sand and gravel in these areas before they are developed. With growth in the Wright County region, aggregate resources area a vital, but limited, requirement for urban growth. The plan is designed to make sure that areas with high concentrations of high-quality aggregates are protected from premature development. The City of Monticello should support this plan. West of Monticello West of the City are three distinct land use categories. The first is an additional "Resource Land" designation for the YMCA property. This is consistent with the city's joint efforts with the county in preserving this important area as public open space. The remainder of the area is split between two categories - Agricultural and Rural Residential. As discussed in previous sections, the Rural Residential must be viewed as a permanent land use - it does not efficiently accommodate transition to urban development. . 2 Planning Commission Agenda - 4/03/07 . The question for Monticello is whether permanent rural areas to the west of the current MOAA boundaries represent an appropriate land use pattern. The county intends to preserve extensive areas of rural use between concentrations of urban development. To the west of Monticello (not included in this planning phase), there is a small village concentration at Silver Creek (approximately 5 miles) and several more miles to Clearwater, the nearest location for full urban services. Coupled with the city's current planning efforts that prescribe much of Monticello's future growth to the west, planning staff believes that the county's plan should not encourage development of any type in this area. Although the potential urbanization of this area would be many years away, it important that the interim land uses not interfere with the long-term "permanent" pattern. Just as the county is protecting the resource areas from development, areas such as these that may reasonably be expected to urbanize need the county's land use protection. . The draft plan discusses urbanizing areas as those which cities will be able to provide with municipal services based on current or planned service capacity- often utilizing the 20 time horizon for the county's plan as definition of reasonableness. This is not an appropriate definition, as municipal infrastructure is planned to last for decades beyond the 20 year timeframe. Introducing land uses that will interfere with urbanization within a 40 or 60 year timeline (or even more) should be discouraged. In summary, the Rural Residential designation to the west of Monticello should be changed to Agricultural. Under this scenario, planning staff does not believe that a possible change to one dwelling per twenty acres would negatively affect future urbanization of this area. Moreover, since there are many miles ofterritory between the western edge of Monticello Township and the nearest urban area, the county's objective of preserving rural space between urban nodes is maintained. ALTERNATIVE ACTIONS The Planning Commission should discuss the Wright County Comprehensive Plan and consider comments to be made as a part of the county's public hearing process on the Northeast Quadrant draft plan. STAFF RECOMMENDATION . Staff recommends that Monticello provide comment to Wright County, supporting the proposed plan and its objectives, with one primary change. That would be a redesignation of the areas to the west of the City from the draft "Rural Residential" to "Agricultural". The city does not have an opinion relating to the 3 Planning Commission Agenda - 4/03/07 . county's debate over density in the Agricultural areas, but believes that a residential density of I :20 would not necessarily create a negative impact on future urbanization. SUPPORTING DATA A. Wright County DRAFT Northeast Quadrant Land Use Plan . . 4