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Planning Commission Minutes 11-06-2007• MINUTES MONTICELLO PLANNING COMMISSION Tuesday, November 6th, 2007 6:00 PM Commissioners Present: Council Liaison Absent Staff: Call to order. Rod Dragsten, Charlotte Gabler, Lloyd Hilgart, William Spartz, and Barry Voight Brian Stumpf Angela Schumann, Gary Anderson, Kimberly Holien - NAC Chairman Dragsten called the meeting to order, noting the full quorum of the Commission and the absence of Council Liaison Stumpf. 2. Consideration to approve the minutes of October 2nd, 2007. MOTION BY COMMISSIONER VOIGHT TO APPROVE THE MINUTES OF OCTOBER 2nd, 2007. MOTION SECONDED BY COMMISSIONER GABLER. MOTION CARRIED, 5-0. • Consideration of adding items to the a eg nda. Commissioner Dragsten asked for confirmation on the comp plan workshop dates to be added to the agenda. 4. Citizen comments. NONE. Continued Public Hearing -Consideration of a request for a Conditional Use Permit for Open and Outdoor Storage in the B-3 District. Applicant: Olson Property Mana eg ment Planner Holien presented the staff report. Holien reported that Olson Property Management has applied for a Conditional Use Permit for Open and Outdoor Storage to allow for the storage of vehicles in the rear yard of the property located at 19 Sandberg Road and is 4.58 acres in size. The property is zoned B-3, Highway Business. Holien stated that the applicant is requesting a CUP to allow exterior storage of vehicles related to Jerry's Towing and Repair. Jerry's Towing and Repair will be leasing a small space within the principal building for an office. Holien reported that a similar Conditional Use Permit was previously approved for the site, but has since expired due to non-use. The site currently contains a 6,400 square foot storage area in the rear yard of the site, south of the existing building. Jerry's Towing will be utilizing approximately 3,200 square feet of the south half of this storage space. In addition to the outdoor storage area, the site contains a large bituminous parking area, a Planning Commission Minutes -11/6/07 building approximately 7,176 square feet in area, and part of a wetland. Access is provided via a • driveway extending west into the site from Marvin Road. Holien noted that the site is currently in violation of the ordinance by operating the proposed use without a Conditional Use Permit. Holien explained that the applicant is currently storing a variety of items on the site, outside of the existing fenced storage area. As a condition of any approval for the proposed CUP, the applicant would be required to clean up the site, moving items any items other than licensed vehicles and trailers into the fenced storage area. Holien referred to the ordinance, stating that open and outdoor storage is permitted as a conditional use in the B-3 District, provided that the area is fenced and screened from view of neighboring residential uses, storage is screened from view from the public right of way, storage area is grassed or surfaced to control dust, and that all lighting is hooded and directed so that the light source is not visible from the public right of way or from neighboring residences. In terms of compliance with the ordinance requirements, Holien stated that the site does not abut any residential uses or residentially zoned property. The storage area is surrounded by an existing chainlink fence with slats. The applicant is not proposing any changes to the existing fence as part of the application. The storage area is currently surfaced with crushed concrete. The applicant narrative indicated that 3-4 loads of crushed concrete were recently added to the site. No additional lighting is proposed for the site as part of the project. If at any time additional lighting is proposed, said lighting shall be required to comply with Chapter 3 Section 2 H of the Zoning Ordinance. Holien discussed parking, stating that the existing building contains office, retail, and warehouse uses. The ordinance parking requirement for office uses is three spaces plus one space for each 200 square feet of gross floor area, minus 10 percent. The parking requirement for retail stores and service establishments with 50 percent or more of gross floor area devoted to storage, warehouses, and/or industry is at least eight spaces or one space for each 200 square feet devoted to public sales or service, plus one space for each 500 square feet of storage area. Based on information in the floor plan provided by the applicant, and on ordinance requirements, the parking requirement for the site is a total of 21 spaces. Holien stated that the site contains a large bituminous parking area on the east side of the principal building. However, the parking lot is not striped to delineate available parking stalls. She noted that the Zoning Ordinance states that, except for single, two-family, and townhouses, all parking stalls shall be striped to a minimum of 9 feet wide and 20 feet in length exclusive of access aisles. To accommodate the existing parking needs and the additional parking expected for the Jerry's Towing use, staff would recommend that the applicant be required to stripe the parking lot, delineating a minimum of 21 spaces as a condition of approval. Holien reported that the City Engineer, Bruce Westby, performed a site visit in reference to the existing wetland on the site. Previously, it appeared as though stormwater runoff from this site would drain into the wetland immediately south of the site. However, the applicant has now graded the site to direct stormwater runoff from the storage area to a ditch west of Marvin Road that drains to a stormwater pond that is physically separated from the wetland noted above. Westby performed a second site visit to verify that stormwater does in fact drain to the stormwater pond and not the protected wetland. It was found that stormwater does now drain into • the stormwater retention pond. Staff recommended approval of the Conditional Use Permit, as the applicant has met conditions of 2 Planning Commission Minutes - 11/6/07 district and those related to drainage, subject to the conditions of Exhibit Z. Holien listed the conditions. Commissioner Dragsten asked if the condition requiring that the CUP be subject to annual inspection is common. Holien stated that while it hasn't been included previously, it is something that will be included in future conditional use permits as a means of monitoring compliance. Gabler asked if the applicant or City would be required to monitor the storm water and the wetland. Holien stated that they are not required to monitor at this time. Gabler asked about landscaping requirements. Holien stated that no changes have been proposed and none are required. Voight asked about the height of fence. The applicant stated that the current height is 5'. Voight asked if that is tall enough to screen vehicles. Holien stated that typically 6' is adequate. Holien stated that elevations can impact views. Voight asked when the pictures included in the Commission's packet were taken. Building Official Anderson confirmed it was around the first application date. Voight stated that he visited the site, and the site was pretty well cleaned up, but noted there was a tractor in the yard. Holien stated that she does not know the status of the license for that vehicle, but if it is unlicensed has to go in screen yard. Voight asked for clarification on the storage of this item. Chairman Dragsten opened the public hearing. Dragsten asked the applicant to come forward. Mark Olson, addressed the Commission as applicant. Olson responded to the concerns regarding the tractor, stating that it is waiting for repair for operation for snow removal. It is not licensed. Once repaired, it will go inside the fence. He asked about his job trailers, indicating that he owns four semi- . trailers in various lengths which are taken to job sites. By law, they do not need to be licensed. Olson stated that they will be parked on site when they come back from job sites. Usually about two are gone at any given time. One is kept there on a permanent basis. Olson stated that they are in the process of doing preliminary plat plans to further develop the property. He also commented that the marking of the parking lot wasn't done because it doesn't last. Olson described problems with water run-off related to the problem with striping. He stated that employees park around the perimeter of the parking area and that the front of the building is for customers. Dragsten asked if they were selling the property, referencing the for sale sign. Olson stated that they have space for lease. Dragsten confirmed that they are looking to add on to the building. Olson stated that taxes have gone up, forcing them into building. Dragsten noted the property's prime location. Olson stated that it is difficult piece to work with due to elevations. Dragsten stated that some of his concerns with this CUP, include that current storage has been done out of compliance. The City is trying to keep everyone on same playing field as far as permission goes. The other thing is that this is a prime spot along I-94 in terms of visibility. The Commission needs to ensure storage is done correctly and apply the same rules as everyone else is required to follow. He noted that the parking lot is fairly large and doesn't know how the Commission feels about striping. Dragsten asked if Olson had any problem with the other two conditions. Olson replied that he didn't, except he still had a question about storage of semi-trailers. Dragsten confirmed they wouldn't be inside the fenced area, but that they should be kept in a neat and orderly fashion. Olson noted that they have a trailer by the interstate and that type of signage is seen all over. Dragsten noted not in Monticello, or only on job sites. Dragsten stated that he would prefer Olson put up a nice sign rather • than a trailer on 94. Dragsten stated that it should be stored in a different area. Olson stated as far as striping, he can do that, but requested that it be striped just by the building until Planning Commission Minutes - 11/6/07 Marvin Road is taken care o£ Olson commented on non-compliance, stating that Jerry's Towing • would have lost their business without a storage location. Holien stated that striping is required by ordinance and he only has to stripe the 21 stalls in the most feasible location. Olson stated he has no problem with striping 21 spaces, just not whole lot. Hearing no other comment, Chairman Dragsten closed the public hearing. MOTION BY COMMISSIONER HILGART TO RECOMMEND APPROVAL OF THE REQUEST FOR A CONDITIONAL USE PERMIT FOR OPEN AND OUTDOOR STORAGE, BASED ON A FINDING THAT THE PROPOSED USE IS CONSISTENT WITH THE CONDITIONS OF APPROVAL AND THE PERFORMANCE REQUIREMENTS FOR THE B-3 DISTRICT, SUBJECT TO THE CONDITIONS OUTLINED IN EXHIBIT Z AS FOLLOWS. 1. The applicant shall stripe the parking lot to delineate a minimum of 21 stalls. 2. All materials stored outside on the site, other than licensed vehicles and trailers, shall be stored within the fenced storage area at all times. 3. The Conditional Use Permit is subject to annual inspection of the site to ensure compliance with the CUP. MOTION SECONDED BY COMMISSIONER SPARTZ. MOTION CARRIED, 5-0. • Anderson asked about the semi-trailers. Spartz referred to the conditions, which states that all vehicles, except licensed vehicles and trailers, shall be stored within the fenced storage area at all times. He stated that this seems to indicate that the trailers do not need to be in fenced area. Anderson referred to the semi-trailers as being more of an advertising sign. Holien stated that as long as it meets setback, he can store a trailer on the site. Dragsten stated that is why he asked him to move it voluntarily. Olson noted that he would. Dragsten stated that the City would need an ordinance change to require that Olson move it. Dragsten recommended looking at that item with the comprehensive zoning update. 6. Public Hearing - Consideration of a request for Amendment to the Monticello Zoning Ordinance for the regulation of Grading, Erosion & Sediment Control. Applicant: City of Monticello Dragsten noted that with Schumann being absent, there is no one available to provide the report on this item. Dragsten asked if the other Commissioners wanted to comment. There was no comment. Holien stated that staff would ask the Commission to continue the item and take more time to review. Dragsten stated that they Commission would continue the time, but asked if there were any public comment at this time. Charlie Pfeffer, Pfeffer Companies, requested additional time to review the ordinance. • Anderson stated that staff had spent a considerable amount of time on the amendment. The ordinance started with residential construction and evolved to incorporate the development process, especially with PCA guidelines becoming stricter. 4 Planning Commission Minutes -11/6/07 • MOTION BY COMMISSIONER VOIGHT TO CONTINUE THE REQUEST FOR AMENDMENT TO THE MONTICELLO ZONING ORDINANCE FOR THE REGULATION OF GRADING, EROSION & SEDIMENT CONTROL. MOTION SECONDED BY COMMISSIONER SPARTZ. MOTION CARRIED, 5-0. 7. Consideration to review and recommend for the expiring terms of Planning Commissioners. Dragsten explained that there are two Commissioners with expiring three year terms, which expire in December. They are the terms of Commissioner Hilgart and Gabler. Hilgart stated he would continue. Gabler stated that in lieu of ordinance change to allow for co- Mayor, she would continue. Dragsten noted that Council member Stumpf is currently the Council liaison, his continued service is most likely decided in January. The recommendations of continued service for Hilgart and Gabler will be forwarded to the City Council. 8. Consideration to review for update expiring Conditional Use Permits and Plats. Holien stated that staff preformed a review of CUPS and plats that are set to expire under the terms of current ordinance. A listing of those was provided. Holien noted that the current ordinance requires • that CUPS be "completed" within one year. That particular clause relates to many of the requests on the list, but has not been enforced. Staff would recommend that clause for amendment. Holien stated that Commission may want to offer the existing approved applications the one-time ability to apply for an extension. The Commission would then consider each extension on an individual basis on its own merit. Holien stated that if that were the direction of the Commission, City staff would send notices to those listed. Dragsten noted that some are fairly old and inquired about the status of some of the projects listed. Anderson was able to provide an update on those referenced. Dragsten asked if LOCs are still in place for some of the projects listed. Holien stated that she is unsure. Spartz asked if it is reasonable to require completion within one year. Holien stated that it can be a common ordinance clause, but the Commission should review that item. Charlie Pfeffer, Pfeffer Companies, commented that some of the approvals were given before the market went down. However, some applicants would most likely want their plans in place at the time market goes forward. Pfeffer noted that Ocello had a project on the list and would seek an extension. Dragsten stated that a letter offering opportunity for one-time extension should be sent out and then the Commission could determine how to move forward. Spartz asked for the completion amendment to be handled with the zoning update. Dragsten stated that when the City goes into the ordinance update, the existing language for conditional use permits should be reviewed in its entirety, as other things are confusing. Voight stated that the direction seems to be clear, that applicants be offered the opportunity to request an extension and then move forward from there. 5 Planning Commission Minutes -11/6/07 9. Consideration to review for recommendation proceeding with a Request for Proposal for a Natural Resource Inventory. Dragsten asked if staff was requesting continuation of this item, as well. Holien confirmed. Voight asked if staff thought the City would be behind if the item waited until December. Holien stated that she did not believe so. MOTION BY COMMISSIONER SPARTZ TO TABLE DISCUSSION ON A RECOMMENDATION FOR REQUEST FOR PROPOSAL FOR A NATURAL RESOURCE INVENTORY. MOTION SECONDED BY COMMISSIONER VOIGHT. MOTION CARRIED, 5-0. 10. Comn Plan Workshop Dates. Holien reported that the comp plan would be reviewed in two workshops, which are scheduled for November 28`x' and December 12~'. Holien stated she would have Schumann contact the Commission with further details. Holien stated that after those two meetings, the Planning Commission and City Council would determine next steps. Pfeffer asked about a meeting on November 15th. Dragsten confirmed there is no meeting on that date. Dragsten stated that there would be public meetings after the workshops. 11. Adjourn. MOTION BY COMMISSIONER SPARTZ TO ADJOURN. MOTION SECONDED BY COMMISSIONER VOIGHT. MOTION CARRIED, 5-0. ., .,, ,,, ecor e • 6