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Planning Commission Minutes 07-01-2008r~ MINUTES MONTICELLO PLANNING COMMISSION Tuesday, July 1st 2008 6:00 PM Commissioners Present: Rod Dragsten, Charlotte Gabler, Lloyd Hilgart and William Spartz Commissioners Absent: Barry Voight Council Liaison Absent: Susie Wojchouski Staff: Angela Schumann, Gary Anderson 1. Call to order. Chairman Dragsten called the meeting to order, declared a quorum and noted the absence of Commissioner Hilgart and Council Liaison Wojchouski. U 2. Consideration to approve the minutes of Apri130~', 2008, and June 3'~, 2008. MOTION BY COMMISSIONER SPARTZ TO APPROVE THE MINUTES OF APRIL 30TH, 2008. MOTION SECONDED BY COMMISSIONER HILGART. MOTION CARRIED, 4-0. 3. Consideration of adding items to the a eg nda• NONE. 4. Citizen comments. NONE. 5. Continued Public Hearing - Consideration of a recLuest for Variance from Chapter 3, Section 9 of the Monticello Zoning Ordinance regulating Signs. Applicant: Scenic Sign Schumann reported that the applicant has withdrawn their request at this time. The applicant's request for variance related to the Liberty Tax wall sign, which was placed on the building located at 141 E. Broadway. The sign was originally recommended for approval by DAT. Schumann noted that the applicant placed the sign, based on a miscommunication that they had received approval. However, upon application for sign permit (after the sign was already placed), it was determined that based on the total existing building signage, the new sign may have required a variance for excess square footage. It was believed that there was an existing CUP for comprehensive sign plan and that this sign exceeded the amount allowed. • Upon further research, Schumann reported that staff could find no record of an existing CUP for the building. For that reason, a new CUP will be processed in August. Planning Commission Minutes - 07/01/08 Schumann stated that in a preliminary review of application materials, it has been determined that no variance for sign size is required with the Conditional Use Permit. No further action was required. 6. Public Hearing -Consideration of a request for Amendment to the Monticello Zoning Ordinance, Section 3-9, re ug_ lating signage for the purpose of promoting or selling a development project. Applicant: City of Monticello Schuman presented the staff report, stating that City of Monticello staff is requesting that the Planning Commission consider a request to amend the sign ordinance for the purpose of adjusting the permitted versus conditional nature of development signage. Currently, the ordinance requires a conditional use permit for "signs for promoting and/or selling a development project" for commercial and industrial developments as follows: Essentially the ordinance allows one or more signs based on the amount of acreage and then sets specifications for timing of removal. Schumann indicated that staff believes that this type of use is actually more appropriate as a permitted use. Construction and individual property sale signs are already allowed under permitted uses. The use of signage for the sale of development properties use would be consistent with those provisions, based on the size and scale of typical development projects. Amending the code to allow these types of signs as permitted uses streamlines the process for those seeking to promote or market their development project. Schumann noted that signs of this nature exist in many locations throughout the community without conditional use permits, as many developers are unaware of this requirement. Staff is suggesting a move of the clause to the permitted section of the ordinance, 3- 0[B] 1.(j) to make the adjustment from conditional to permitted use. Schumann indicated that staff is also recommending one change to the ordinance language itself, which would delete the requirement that these signs be reviewed and renewed annually by the City Council; they would instead be subject to an annual review by the Zoning Administrator is appropriate for a permitted use activity. It should be noted that these signs must still be processed through the City's sign permit application through the Building Department. The Building Department will be working to permit those signs already in existence, many of which have never received sign permits. Hilgart asked if the City would work with developers and builders to make sure signs will be appropriate. Schumann indicated that the Zoning Administrator would have ability to review and comment on that matter and on overall maintenance. • Schumann noted that using semi-trailers as signage is not permitted as a stand-alone use. 2 Planning Commission Minutes - 07/01/08 Spartz asked about signs in existence already. Schumann stated that they would work on those to ensure that permits are obtained. Gabler asked about the 90% specification. Schumann explained that as this is commercial/industrial, it would be percentage of land developed. Gabler asked if City would ask for sign plans. Schumann stated that formal sign plans are only required with conditional use permits. Dragsten asked about illumination. Schumann stated that these signs would be required to follow lighting provisions of the code. Dragsten also clarified where the amendment would be placed within the code. Spartz asked if this is supported by staff as consistent with current regulations. Schumann stated that it is consistent with the individual property sales signs, it is just on a larger scale. Schumann also noted that the Commission will want to be sure to wrap this discussion and amendments into the overall sign ordinance amendment. Chairman Dragsten opened the public hearing. Hearing no comments, Chairman Dragsten closed the public hearing. MOTION BY COMMISSIONER HILGART TO RECOMMEND APPROVAL OF THE AMENDMENT TO THE MONTICELLO ZONING ORDINANCE, SECTION 3-9 AS • PROPOSED, BASED ON A FINDING THAT SIGNAGE FOR THE PURPOSE OF PROMOTING OR SELLING A DEVELOPMENT PROJECT IS CONSISTENT WITH PERMITTED USE SIGN ACTIVITIES. MOTION SECONDED BY COMMISSIONER SPARTZ. MOTION CARRIED, 4-0. 7. Public Hearing - Consideration of a request for Conditional Use Permit for a Sign Promoting or Selling a Development Project. Applicant: Nelson Building & Development Schumann explained that in the previous item, the Planning Commission was asked to consider an amendment to the Zoning Ordinance which would allow signs for the purpose of selling and/or promoting a development project as a permitted use. Should the City approve the proposed amendment, the following item becomes void. Both of the requests will be forwarded to the City Council for final decision, but the Planning Commission is asked to review and recommend on this item, should the Council deny the first item. Schumann provided the report on the request, stating that Nelson Building & Development is requesting a conditional use permit to allow the placement of two 100 square foot development sale signs on the privately-owned commercial development portion of Otter Creek Crossings. Planning Commission Minutes - 07/01/08 As noted previously, the type of sign requested is currently allowed by conditional use permit for commercial and industrial developments pursuant to terms described in the ordinance. Schumann explained that the two signs proposed by Nelson Development meet the maximum square footage requirements based on the total acreage of the development property (38.17 acres). Up to two signs totaling a maximum of 200 square feet are allowed by ordinance. Schumann noted that the ordinance requires that the signs be set back half the distance of the required setback provisions for the district. In this case, the property is zoned B-4. The B-4 District has a zero setback requirement. Therefore, these signs will be required to be setback equivalent to the drainage and utility easement in place at those locations. If the ordinance amendment or conditional use permit is approved, the applicant will be required to apply for a sign permit through the Building Department. Chairman Dragsten opened the public hearing. Hearing no comments, Chairman Dragsten closed the public hearing. MOTION BY COMMISSIONER SPARTZ TO RECOMMEND APPROVAL OF CONDITIONAL USE PERMIT FOR A SIGN PROMOTING AND/OR SELLING A DEVELOPMENT PROJECT FOR NELSON BUILDING & DEVELOPMENT, CONTINGENT ON THE CONDITIONS LISTED IN EXHIBIT Z, BELOW, BASED ON A FINDING THAT THE PROPOSED SIGNAGE MEETS THE ORDINANCE REQUIREMENTS. The development signs proposed shall be setback equivalent to the drainage and utility easement. 2. The applicant is required to apply for and receive a sign permit for the proposed signage. 3. In compliance with the provisions of the code, the signage is to be removed after 95% of the project is developed. MOTION SECONDED BY COMMISSIONER HILGART. MOTION CARRIED, 4-0. Adjourn. MOTION BY COMMISSIONER SPARTZ TO ADJOURN. MOTION SECONDED BY COMMISSIONER GABLER. MOTION CARRIED, 4-0. i ~__. 4