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Planning Commission Agenda 12-07-1999 t 1. 2. -. -, . 4. 5. . 6. , AGENDA REGULAR MEETING - MONTICELLO PLANNING COMMISSION Tuesday, December 7,1999 Members: Dick Frie, Robbie Smith, Roy Popilek, Richard Carlson, Rod Dragsten Council Liaison: Clint Herbst S tafT: JefTO'Neill, Fred Patch, Steve Grittman and Lori Kraemer Call to order. Approval of minutes of the regular meeting held November 2, 1999. Consideration of adding items to the agenda. Citizens comments. Continued Public Hearing - Consideration of a request for an amendment to a Planned Unit Development within the B-3 Zoning District to allow for an ofT-site auto sales/storage lot. Applicant: Dave Peterson's Monticello Ford. Public IIcaring - Requesting a special home occupation permit that requires equipment other than customarily found in the home. Applicant: Wayne Weber dba N & W Assembly. 7. Continued Public Hearing - Consideration of a preliminary plat approval for Klein Farms 6th Addition. Applicant: Dave Klein 8. Public Hearing - Consideration of a Comprehensive Plan amendment for land west of the Kjellberg West Mobile Home Park. Applicant: City of Monticello. 9. Public Hearing - Consideration of a request [or an amendment to the R-l and R-2 side yard setbacks to permit a six foot setback on the garage side. Applicant: Harold Shermer. 10. Consideration of a request for an amended plat for Parkside to allow the elimination of a pathway in the side yard. Applicant: Harold Shermer. 11. Consideration of OAT comments regarding the proposed amendment to the Sign Ordinance allowing electronic reader boards. 12. Continued Public Hearing - Consideration of an amendment to the Zoning Ordinance to allow for a deferral of parking lot paving and/or curb requirements in the Business Districts. Applicant: City of Monticello. (Continued discussion from previous meeting, no additional report provided). . . . MINUTES REGULAR MEETING - MONTICELLO PLANNING COMMISSION Tuesday, November 2, 1999 Members Present: Dick Frie, Robbie Smith, Roy Popilek, Richard Carlson, Rod Dragsten and Council Liaison Clint Herbst Staff Present: Jeff O'Neill, Fred Patch, Steve Grittman and Lori Kraemer 1. Call to order: Chair Frie called the meeting to order. 2. Approval of minutes of the regular meeting held October 5. 1999. ROY POPILEK MOVED TO APPROVED THE MINUTES OF THE OCTOBER 5, 1999 REGULAR PLANNING COMMISSION MEETING. RICHARD CARLSON SECONDED THE MOTION. Motion carried. 3. Consideration of adding items to the agenda. Chair Frie noted the past cooperation from the School District with the City in regard to sharing and scheduling of ball fields and tennis courts. No further discussion necessary. Fred Patch, Building Official, requested to add a discussion regarding sideyard setbacks for garages in the Parkside at Meadow Oaks development (Harold Schermer). This was added as item 11 on the agenda. 4. Citizens comments: None 5. Consideration of a request for an amendment to a Planned Unit Development within the B-3 Zoning District to allow for an off-site auto sales/storage lot. Applicant: Dave Peterson's Monticello Ford. The applicant is requesting an amendment to their PUD approval granted earlier this year for the purpose of expanding the area of the PUD creating an additional area of on about 2.2 acres of land west of Sandberg Road which would be utilized for the storage of automobile inventory, including an enclosed secure storage lot. The applicant is also requesting an amendment to the approved sign package which would allow a larger electronic sign, based on comments from the sign installer. The expansion site would allow for the storage of more than 150 additional cars, plus a secured storage area for approximately 80 vehicles. Steve Grittman noted this would be allowed in the district, subject to the improvements applied to similar uses, such as paving, curbing, and landscaping. The submitted plan meets required setbacks and screening requirements for commercial areas, but does not illustrate the landscaping or specify the curbing and paving proposed. A written proposal describing a commitment to meeting landscaping and screening requirements was submitted prior to the meeting. Planning Commission Minutes - 11/02/99 The applicant is also requesting a larger electronic sign than the one previously approved by the City noting the sign contractor stated that the approved sign would not allow for certain longer messages without flashing. The approved sign was 2 feet high by 12 feet, 8 inches long. The proposed sign would be 5 feet, 1 inch by 18 feet long, an increase from about 26 square feet to more than 90 square feet. The proposed change would allow for a longer message on two lines, instead of just one line as currently approved. Steve Johnson, Monticello Ford, provided yet another proposed sign of 63 sq. ft. on the face with 2 lines of 12" matrix which is smaller but would be adequate. He requested to work with staff to come to an agreement on the sign as soon as possible. . Because of the multiple uses on this site, and the intensity of the improvement, the City previously approved a PUD which allowed for more than the allowed signage. This request would increase the size even more. The proposed amendment allowing electronic message board signs states that the allowable signage is not to be increased by the use of such signs, but that the electronic sign is to comprise a portion of the currently allowed sIgn area. Mr. Grittman stated that staff does not recommend approval of the increased signage. This site has been permitted, under the previous approval, a significant increase in allowable sign number and area. The proposed Ordinance to allow electronic message board signs states that such signs are not to increase the allowable sign area. Although . the applicant's new sign contractor states that the revised sign would be convenient from the standpoint of allowing more flexibility in the messages it transmits, it does not appear to be necessary to provide effective communication. With regard to the sales lot expansion, staff believes that this expansion of the PUD is appropriate in general. However, there has been very little detail submitted in support of the proposal with regard to site improvements, screening size or materials, or landscaping. Jeff O'Neill provided a picture showing setbacks in regard to the daycare center located next to the proposed storage lot noting there have been no plans submitted showing a buffer to the daycare. It is staffs intent to work with dealership regarding this Issue. Chair Frie opened the public hearing. Melody Peterson, co-owner of the Playhouse Daycare and owner of building, was present to state the concerns of the parents as well as the daycare as a business owner. They feel they are being completely encircled by car lots and they feel they are not being visible. Chair Frie advised Ms. Peterson to speak with Steve Johnson concerning landscaping and buffers. Steve Johnson advised the members that they are only trying to keep them informed of their future plans and he does realize that this is very preliminary and would have the appropriate information available for the Planning Commission meeting in December. Chair Frie closed public hearing. The consensus of the members was to table any action for further information. At that time they would address items such as lighting and screening. . 2 . . . Planning Commission Minutes. 11/02/99 ROBBIE SMITH MOVED TO TABLE ACTION ON THE PUD AMENDMENT, SUBJECT TO ADDITIONAL INFORMATION. RICHARD CARLSON SECONDED THE MOTION. Motion carried. There was further discussion by Steve Johnson on the need to proceed with the proposed sign. The size of the proposed sign has changed since the Planning Commission's previous approval. Robbie Smith requested a copy of the previous minutes relating to the previous approval of the sign. CHAIR FRIE MOVED FOR A SPECIAL MEETING TO BE HELD PRIOR TO THE CITY COUNCIL MEETING OF NOVEMBER 22, 1999. RICHARD CARLSON SECONDED THE MOTION. CHAIR FRIE MOVED TO AMEND, TABLE AND CONTINUE THE PUBLIC HEARING TO 5:00 PM ON NOVEMBER 22, 1999. RICHARD CARLSON SECONDED THE MOTION. Motion carried. 6. Consideration of a request for a Preliminary Plat for Klein Farms 6th Addition within the Monticello Orderly Annexation Area. Applicant: Frank Klein and Dave Klein. The applicant has submitted an application for preliminary plat for approximately forty acres south of Klein Farms 4th Addition to consist of 51 single family lots. The Monticello Orderly Annexation Area Board reviewed the proposal at its October meeting and made the required findings of contiguity with existing City boundaries, and consistency with the MOAA land use plan. Both the MOAA and City of Monticello land use plans call for low density residential development on this property. The applicant has requested an R-l, Single Family Residential zoning designation. A small wetland has been delineated in the southeast portion of the property. This wetland is proposed to remain untouched. Park issues, pathways, street construction and pedestrian access were also discussed. The Parks Commission reviewed this plat and recommended approval of the park and pathway systems. One of their specific recommendations is to include a pathway that follows the UP A easement. A concept plan for the street extension would be important in helping to determine the standards for this street. There were also issues with regard to the lot layout in the northwest comer of the plat and the impacts that the easements will have on the future development of the neighboring property to the west. Also relating to layout is the gap between the Amoco easement and the NSP easement. Chair Frie opened the public hearing. Tim McDougall, 4774 Diamond Dr., (northwest comer of Klein Farms 4th Addn) stated his concern with street layout and types of homes that would be built, as well as the proposed pathways. It was relayed to Mr. McDougall that the City is preserving this area for future use. Dave Klein, applicant, was also present to answer any questions. Jeff O'Neill clarified condition #6 stating the grading 3 Planning Commission Minutes - 11/02/99 plan would accommodate the pathway which would be outside of the ROW; the ROW is . being expanded. Chair Frie closed the public hearing. There was further discussion regarding a revised preliminary plat which Mr. Klein stated he would have available prior to the next meeting. It was also stated that preparation of a finance plan funding lateral and trunk improvements will need to be discussed prior to the next meeting. ROD DRAGSTEN MOVED TO RECOMMEND APPROVAL OF THE REZONING TO R-l, BASED ON A FINDING THAT THE ZONING DESIGNATION WOULD BE CONSISTENT WITH THE LOW DENSITY RESIDENTIAL RECOMMENDATIONS OF THE CITY'S LAND USE PLAN FOR THE AREA. ROY POPILEK SECONDED THE MOTION. Motion carried. Decision 2: Preliminary Plat jor Klein Farms 6th Addition ROD DRAGSTEN MOVED TO TABLE ACTION ON THE PRELIMINARY PLAT UNTIL THE DECEMBER 7,1999 MEETING, SUBJECT TO ADDITIONAL INFORMATION. RICHARD CARLSON SECONDED THE MOTION. Motion carried. 7. Consideration of an amendment to the Zoning Ordinance to allow for a deferral of parking lot paving and/or curb requirements in the Business Districts. Applicant: City of Monticello. . Steve Grittman provided an updated draft ordinance noting the current zoning regulations allow for such a deferral for industrial uses in the industrial districts. A separate text amendment would be necessary to accommodate these requests in commercially zoned areas. The draft ordinance has been written to include both the PZM and A-a Districts as potential applications. The Planning Commission's interest was in allowing flexibility for both the Golf Course expansion and those commercial uses which have converted former residential buildings along Broadway. The new draft would apply the same standards to these areas as for other applicable sites. The primary concern with this issue is one of enforcement. Chair Frie opened public hearing and upon hearing no response, Chair Frie closed the public hearing. There was discussion among the commissioners stating enforcement would be very difficult, possibly seeking financial surety in the form of a bond or a letter of credit would be necessary, or the business should have proof of parking rather than the City changing the ordinance. It was the consensus of the members to seek more information regarding financial surety and enforcement options. . 4 . . . Planning Commission Minutes - 11/02/99 ROBBIE SMITH MOVED TO TABLE ACTION ON THE AMENDMENT, SUBJECT TO ADDITIONAL INFORMATION. ROY POPILEK SECONDED THE MOTION. Dick Frie opposed. Motion carried 4 to 1. 8. Consideration of an amendment to the Monticello Zoning Ordinance relatin~ to signs to allow electronic message board signs. Applicant: City of Monticello. Steve Grittman provided a draft ordinance which would permit signs in the B-3 and B-4 commercial districts only, on the theory that they do not belong in areas near residential neighborhoods (as would be the case in the B-1, B-2, or PZM districts), nor would they appear to meet the intent of the Design Guidelines for the CCD. He asked the Planning Commission to discuss whether the CCD is an appropriate district. As noted, governmental signs in the residential districts are allowed under a separate section. Steve also provided a list of regulations for these signs. The proposed amendment addressed the use of electronic message board signs in commercial districts, and should not affect the previous amendment. This clause does not impact what has already been approved, it would be an addition to that. Chair Frie stated that any expansion of allowable districts would have to come back to the Planning Commission. It was discussed whether these signs should be allowed in the CCD along the Highway 25 corridor which would include only those properties abutting Highway 25. ROD DRAGSTEN MOVED TO RECOMMEND APPROVAL OF THE AMENDMENT TO ADD ELECTRONIC MESSAGE BOARD SIGNS AS PERMITTED SIGN TYPES IN THE B-3 AND B-4 DISTRICTS, AS WELL AS THE CORRIDOR OF THE HIGHWAY 25 CCD WHICH INCLUDES ONLY THOSE PARCELS ABUTTING HIGHWAY 25, WITH THE REGULATIONS AS PROPOSED, BASED ON A FINDING THAT THE REGULATIONS WILL AVOID PROBLEMS OF NUISANCE OR TRAFFIC HAZARD. RICHARD CARLSON SECONDED THE MOTION. Motion carried. 9. Discussion regardim! a comp plan amendment to the OAA area affecting the Kiellberg West Trailer Park. Steve Grittman discussed the issue of a possible amendment to the City's comp plan addressing the land use plan regarding the Kjellberg West Trailer Park area. It was questioned whether this issue should first come before the MOAA board or the City. Options discussed were to take the Kjellberg West area out of the expansion area in the comp plan or keep it at "mid density", but specifically defining this area as townhomes/twin homes only. There were legal concerns of the members regarding the City changing the land use plan, but it was stated that the City has the right to change this area to fit the comp plan. It was stated by the members the need to address the land use issue in this area and to do so prior to any further development proposals. 5 Planning Commission Minutes - 11/02/99 ROY POPILEK MOVED FOR A PUBLIC HEARING TO AMEND THE . COMPREHENSIVE PLAN AFFECTING THE OAA AREA AND KJELLBERG PARK. ROBBIE SMITH SECONDED THE MOTION. Motion carried. 10. Discuss updates to the Subdivision Ordinance. Jeff O'Neill briefly discussed the ordinance requirement on simple subdivision regarding the applicants requirement to provide a survey at time of application. At this time, the City does not require the certificate of survey until after the decision of the planning commission to avoid any unnecessary expense of the survey if the application is not approved. We do require however, a certified survey prior to its recording for proper documentation. Jeff also discussed the requirement for the completing of plats within one year as the City's code states it would lapse if not completed within this time period. This item will be on the December agenda. Jeff did state that technically this does not have to go before the Planning Commission, it can be taken directly to City Council even though it is a subdivision ordinance. The Planning Commission indicated an interest in reviewing the proposed subdivision ordinance. No action was necessary at this time. 11. Discussion regarding sidevard setbacks for garages in the Parkside at Meadow Oaks Development. (Harold Schermer). Fred Patch briefly informed the members of Mr. Harold Schermer's request to reduce . building setbacks to 5'. Fred reminded the members that a previous request for this a reduction in setback requirements had failed. Mr. Schermer addressed the members stating that the setback requirements in the City were mistakenly overlooked when he initially signed the contract, and that the pathway standards had also changed since that time (1997) and this has also affected his development. Jeff O'Neill noted that the pathways had changed and that the City was reimbursing Mr. Schermer for the additional costs. Mr. Schermer also noted that other changes had occurred since his plans were approved and that he would be meeting with Jeff 0 'Neill the next day regarding these matters. The consensus of the Planning Commission was to not recommend an amendment to the City's Ordinance regarding a reduction in setback requirements. 12. Adiourn ROD DRAGSTEN MOVED TO ADJOURN THE MEETING AT 11:00 P.M. RICHARD CARLSON SECONDED THE MOTION. Motion carried. Lori Kraemer, Recording Secretary . 6 . . , Planning Commission Agenda - 12107/99 5. Consideration of a reQuest for an amendment to a PUD within the B3 zonin!! district to allow for an off-site auto sales/storaee lot. Applicant: Dave Peterson's Monticello Ford A. REFERENCE AND BACKGROUND: At the previous meeting of the Planning Commission, the Planning Commission acted to table action on approval of the proposed amendment pending presentation of additional site data and also pending additional inf()rmation regarding proposed changes to the sign system. Subsequent to the Planning Commission meeting, the applicant has been able to obtain additional information regarding the sign system, however the data relating to the balance of the amendment has not been provided, therefore Planning Commission is asked at this time to consider an amendment to the PUD that applies only to the sign system. As you recall at the previous meeting, the applicant requested that the sign area for the reader board be increased from 26 sq. ft. to 70 sq. ft. The applicant made this request based on new information that he obtained regarding electronic reader boards that essentially indicated that the sign area needed to be larger in order to have the desired effect. The Planning Commission tabled this item pending additional information regarding sign size and requested stafno research this item further. Following is additional information on the topic as part of our research and discussions with the applicant, it was found that the sign as proposed, according to the sign company, has a viewing range of approximately 600 ft. which is approximately equal to the front footage of the Peterson Ford parcel. Therefore, the sign will not be readily readable by motorists until they travel to the Peterson property, thus the sign will not overwhelm the other signs in the vicinity. In our discussions with the applicant we have found that he is willing to reduce the total sign area of the entire sign system in an amount equal to or greater than the added sign area requested with the reader board. Therefore, approving the amendment to the CUP relating to increasing the sign of reader board will not result in an increase of the total sign area proposed. On a re lated point, the sign ordinance that the Planning Commission recently approved allows installation of reader boards up to 100 sq. ft. However, it should be noted that the 100 sq. ft. electronic reader board square footage would need to be drawn from the overall sign area proposed. Similarly, with regard to the Peterson Ford reader board, approximately 44 sq. feet has been removed from the system sign area already approved by the Planning Commission. Thus, if the Planning Commission felt comfortablethatthe total sign area approved previously represents the base level allowable under code for the site, then it should follow that if the applicant wishes to shift some of his sign area to the reader board and away from other signs, he should be allowed to do so. For additional perspective with regard to this sign, the 38 x 20 cabinet will have two lines 12" tall. The size of this sign is 1/3 of the size of the sign of the Miller Auto Sign in Rogers and the Miller Auto sign in St. Cloud. In addition, the sign proposed for Dave Peterson Ford is equal to a bank sign located on 371 in Brainerd, unfortunately I was unable to visit this site to take a look at this sign. Steve Johnson indicated that he will be providing pictures of a reader board similar to the reader board proposed. . Planning Commission Agenda - 12/07/99 B. ALTERNATIVE ACTIONS 1. Motion to approve an amendment to the sign system portion of the PUD. Amendment approved calls for expanding the reader board area from 26 square feet to 70 square feet, along with a reduction in other sign area square footage by 44 square feet. Motion based on the finding that the amendment to the sign portion of the CUP is justified based on consistency with the comprehensive plan. The amendment proposed will not result in a sign system that will undermine the intent of regulations governing signage in the Highway 25 corridor. All other requirements ofthe PUD approval granted in May 1999 must be met. 2. Motion to deny approval of amendment to the sign system portion of the PlJD. Motion based on the finding that the sign system as proposed is not consistent with the intent of the sign regulations in the area and thus inconsistent with the comprehensive plan and should theref()re be denied. . The Planning Commission could take the view that the exchange of wall or pylon sign area for additional reader board is not a fair one-to-one exchange because the intensity of signage on a wall sign is less than the intensity of a reader board. c. STAFF RECOMMENDATION: It is the recommendation of City Staffthat the sign system amendment be approved. The main reason supporting this approval is the fact that proposed ordinance amendment previously adopted by the Planning Commission would allow this type of sign on Highway 25. If the Planning Commission feels that the sign as proposed at 70 sq. ft. is in excess of what is desirable along Highway 25, then we should go back and consider adjusting the current recommendation to the City Council on electronic reader board development in the B-3 district and take a look at our code to see if perhaps the amendment should be changed. D. SUPPORTING DATA: Exhibit A - Copy of the graphics showing dimensions of the proposed sign next to dimension of the Miller Auto sign in Rogers in St. Cloud. Exhibit B - Information from sign company regarding viewing ranges tor a line featuring 12" lettering. , "'-- . Y3 /MI/~ '8"" i3 f to. ; ^ (, .z-..I v\;. OJ IJ..J2 'S .f . C/0v if . --....:.,;... ~f) 04 ~~D~I~'^4 38" X 20' cabinet with 2 lines of 12" tall characters, .... .. .::. . :: ..... .:... .... ::... ...... .. .. .. .. .. ... ... .. .. ... .. .. .. .. .. .. .. ... .. .. ...... .... ... .. .. .... .. .. .. .. ... .. .. .. .. .. ... .. .. .. .. .. .. .. .. .. ... ..... .... .. . ..... .... .... .. ... ... ... .... .... . . . . .... ...... ..... .... . . .. .. .. . . .. .. .. .. .. .. .. .. .. .. .. .. .. ... ... .. .. .. .. .. .. .... :I ... ...... ....... ...... .. ..... M .. .. .. .. .. .. . .. .. .. .. .... .. .... ........ .. .. .. .. .. .. .. .. .. .. M .. .. ........ .... .... .. .. .. .. .. .. .. .... . . 7'3" X 28' cabinet with 2 lines of 36/1 tall characters &Vi/ "~-". ..... BOX 851 SAJ.E\I.IA~': ,'-~" 'ChIC'MI:~~~~2 FilE: JOHNDEZl . ..... ,$/4'N.{'QRP 132~1252,9400 MONTFORC< '5 A: Viewing Ranges @ 55 mph t5" 750 feet 9 see 16" 800..feet 9 see t8" 900 fe~t 21 see 1 0 see 21" 1050 feet 24 see 12 see 24" 1200 feet 14 see 30" 1500 feet 17 see 36" 1800 feet 21 see Sign Cabinetry .. ':',..\' ., "DOUBLE FACE TWINPAK Double face cabinets are furnished in three popular configurations: (1) double face in one box to mount between poles; (2) double face in one box with weld plates for sliding over a center pole and welding in place; and (3) double face twinpaks for mounting at right angles at comers of buildings or mounting back to back with a pole in between. Louvers apply only to light bulb signs. 50 . . t - FILE COPY q 1-0 ! 2-~ MINUTES REGULAR MEETING - MONTICELLO PLANNING COMMISSION TUESDAY, MAY 4,1999 Members: Rod Dragsten, Dick Frie, Roy Popilek and Robbie Smith Staff: Steve Grittman, Jeff O'Neill and Fred Patch Absent: Richard Carlson and Council Liaison Clint Herbst 1. Chair Frie called the meeting to order at 7:00 p.m. and declared a quorum present. 2. Consideration of al?proval of the minutes of the April 6. 1999 regular meeting and the April 26. 1999 special meeting. ROD DRAGSTEN MOVED TO APPROVE THE MINUTES OF THE APRIL 6, 1999 REGULAR MEETING. ROY POPILEK SECONDED THE MOTION. MOTION CARRIED UNANIMOUSL Y. ROD DRAGSTEN MOVED TO APPROVE THE MINUTES OF THE APRIL 26, 1999 SPECIAL MEETING. ROBBIE SMITH SECONDED THE MOTION. MOTION CARRIED UNANIMOUSL Y. .., J. Consideration of addin!?: items to the agenda. No items were added to the agenda. 4. Citizen Comment. There was no one present under citizen comment. 5. Public Hearing - Consideration of a request for a Conditional Use Permit for a Planned Unit Development within the B-3 Zoning district and a Preliminarv Plat to allow outdoor vehicle sales and associated automotive service uses and variances to the Citv's Sign Ordinance. Applicant: Monticello Ford. Steve Grittman presented the staff report on this item. The property is located at the southwest quadrant ofT.H. 25 and 1-94 and is affected by a project that would eliminate their property access from Oakwood Drive. The site currently contains a Ford dealership and it is proposed to add other services such as car rental, quick lube service and repair services. A conditional use permit is required for any Planned Unit Development and because the applicant is combining a number of pieces of land into one parcel a plat is required. The applicant is also requesting variances to the City's sign ordinance. Steve -1- 5v \ Planning Commission Minutes - 5/4/99 . . Grittman reviewed the variances requested noting that the variances were significantly over what the ordinance allows. · "",N umber of signs - The sign ordinance allows one free standing sign. The applicant is proposing four pylon signs in addition to building and entrance signs. Sign area - The square footage of the signs proposed by the applicant is 600 square feet while the ordinance allows 300 square feet of area. Setback - The applicant shows the setbacks at 5 and 7 feet while the ordinance requires 15 feet. Prohibited sign - One of the signs the applicant is proposing is an electronic message board. The City ordinance does not allow electronic message boards in any zoning district. . . The staff recommended approval of the conditional use permit for the Planned Unit Development and of the preliminary plat. However, the staff did not recommend approval of the variances to the sign ordinance. Steve Grittman suggested that if the Planning Commission felt the sign plan should be approved it may be prudent to look at doing it as an amendment to the ordinance. In granting a variance the Planning Commission must find that requirements of the ordinance denied the property owner reasonable use of the property or created a physical hardship. Robbie Smith asked about the landscaping requirements for the proposal. Steve Grittman explained how the number of trees and plantings were determined. . Chair Frie opened the public hearing. Dave Peterson, 13 12 Prairie Creek Lane, stated that the number of signs requested is not excessive considering the amount of land area of the parcel. If the property was not being combined into one parcel but remained individual parcels each parcel would be entitled to one free standing sign. He felt the number of uses proposed for the site justified the number of signs that were being requested. Mr. Peterson also stated that plans to change T.H. 25 impacted his business as the state would not grant a right-in offT.H. 25 and added that signage is critical to his business. In this case since the business cannot be seen from the freeway, the signage is very important, especially the electronic message board. Mr. Peterson noted that currently the business has two free standing signs. In response to the landscaping concerns, Mr. Peterson stated that a portion of the area is a display lot and not a parking lot. He believes it is better not to haVe a lot of trees or plantings in the display area. Chair Frie closed the public hearing. Robbie Smith noted that the request for additional signs was, in part, because of the ch~ge in access and asked if the applicant could meet the 15' setback requirements. The t applicant stated he could comply with that requirement. The Planning Commission -2- . Planning Commission Minutes - 5/4/99 . Grittman reviewed the variances requested noting that the variances were significantly over what the ordinance allows. · N umber of signs - The sign ordinance allows one free standing sign. The applicant is proposing four pylon signs in addition to building and entrance signs. Sign area - The square footage of the signs proposed by the applicant is 600 square feet while the ordinance allows 300 square feet of area. Setback - The applicant shows the setbacks at 5 and 7 feet while the ordinance requires 15 teet. Prohibited sign - One of the signs the applicant is proposing is an electronic message board. The City ordinance does not allow electronic message boards in any zoning district. . . The staff recommended approval of the conditional use permit for the Planned Unit Development and of the preliminary plat. However, the staff did not recommend approval of the variances to the sign ordinance. Steve Grittman suggested that if the Planning Commission felt the sign plan should be approved it may be prudent to look at doing it as an amendment to the ordinance. In granting a variance the Planning Commission must find that requirements of the ordinance denied the property owner reasonable use of the property or created a physical hardship. . Robbie Smith asked about the landscaping requirements for the proposal. Steve Grittman explained how the number of trees and plantings were determined. Chair Frie opened the public hearing. Dave Peterson, 13 12 Prairie Creek Lane, stated that the number of signs requested is not excessive considering the amount of land area of the parcel. If the property was not being combined into one parcel but remained individual parcels each parcel would be entitled to one free standing sign. He felt the number of uses proposed for the sit,e justified the number of signs that were being requested. Mr. Peterson also stated that plans to change T.H. 25 impacted his business as the state would not grant a right-in offT.H. 25 and added that signage is critical to his business. In this case since the business cannot be seen from the freeway, the signage is very important, especially the electronic message board. Mr. Peterson noted that currently the business has two free standing signs. In response to the landscaping c,oncems, Mr. Peterson stated that a portion of the area is a display lot and not a parking lot. He believes it is better not to have a lot of trees or plantings in the display area. Chair Frie closed the public hearing. . Robbie Smith noted that the request for additional signs was, in part, because of the change in access and asked if the applicant could meet the 15' setback requirements. The applicant stated he could comply with that requirement. The Planning Commission - -2- . Planning Commission Minutes - 5/4/99 reviewed the proposal for compliance with parking requirements and pointed out that the parking lot area would need to be paved and curbed. The Planning Commission discussed the variances from the sign ordinance. Previously the Planning commission had discussed whether electronic message boards should be allowed and how they should be handled within the ordinance. The staff indicated that the sign ordinance needs some extensive work and they were not at a point to propose any amendment to the sign ordinance dealing with electronic signs. The applicant commented that combining the parcels into one severely restricted the amount of signage he could have for the business. He felt the way the sign ordinance was written was discriminatory towards large land parcels. Chair Frie responded that the City is required to apply the ordinance equally against all the parcels in the same zoning district.!.E:obbie Smith commented that the electronic message board could flash multiple messages and thus reduce the number of signs needed. Dave Peterson concurred that this approach had merit and the Planning Commission discussed reasonable restrictions that could be placed on the use of an electronic message board. These included: I) That it not be a flashing sign; 2) A time limit be placed on how often the message could change; and 3) That it not be a motion sign. Steve.Jjrittman added that any amendment to the sign ordinance would require a public hearinv . ROY POPILEK MOVED TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMITS FOR A PUD AND FOR OUTDOOR SALES BASED ON A FINDING THAT THE SITE PLAN MEETS THE INTENT OF THE ZONING DISTRICT AND ALL PERFORMANCE STANDARDS OF THE ORDINANCE ARE COMPLIED WITH. ROD DRAGSTEN SECONDED THE MOTION. ROY POPILEK AMENDED THE MOTION TO INCLUDE APPROVAL OF THE PLANS BY THE CITY ENGINEER. ROD DRAGSTEN SECONDED THE AMENDED MOTION. MOTION CARRIED UNANIMOUSLY. ROBBIE SMITH MOVED TO RECOMMEND APPROVAL OF THE PRELIMINARY PLAT BASED ON THE FINDING THAT THE PROPOSAL IS CONSISTENT WITH DIMENSIONAL REQUIREMENTS OF THE B-3 ZONING DISTRICT. ROY POPILEK SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. DICK FRIE MOVED TO APPROVE A MODIFIED SIGN PLAN AND VARIANCES BASED ON THE FINDINGS MADE AT THE HEARING INCLUDING UNIQUENESS OF THE NEEDS OF THE BUSINESS AND THE IMPACT OF THE ROAD PROJECT ON THE BUSINESS OPERATION. . In further discussion Dick Frie explained that rather than use the amendment approach, '.. , ..., -:J- Planning Commission Minutes - 5/4/99 . the variance route would provide a quicker result for the applicant. He noted that the Planning Commission could approve the request based on an anticipated amendment to the ordinance but there is the possibility that an ordinance amendment might fail to pass. The sign plan proposed for approval would include the two existing signs which are grand fathered in and the use of one electronic message board for a total of three signs. Dick Frie stated that the restrictions on the property access was the basis for the finding to grant a variance. Since there was no second to the motion, Dick Frie rescinded his motion. There was additional discussion on the signage for the building and the free standing signs. ROBBIE SMITH MOVED TO APPROVE THE SIGN VARIANCES AND A MODIFIED SIGN PLAN WHICH INCLUDES BUILDING SIGNS AS PROPOSED, TWO PYLON SIGNS AND ONE ELECTRONIC MESSAGE BOARD BASED ON THE FINDINGS MADE AT THE HEARING INCLUDING THE SIZE OF THE PROPERTY RELATIVE TO THE NUMBER OF SIGNS AND THE NUMBER OF DISTINCT AND INDEPENDENT BUSINESS OPERATIONS AND THE IMPACT OF THE ROAD PROJECT ON T;1:E BUSINESS OPERATIONS AND SUBJECT TO THE FOLLOWING CONDITIONS FOR THE USE OF THE ELECTRONIC MESSAGE BOARD: I) MESSAGE DISPLAYED FOR A LIMITED DURATION; 2) NO FLASHING SIGN A~D 3) NO MOTION IN THE ELECTRONIC . SIGN 4) THREE SECOND PAUSE BETWEEN MESSAGES REQUIRED. LED DISPLA Y REQUIRED. DICK FRIE S,ECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Rod Dragsten suggested that the,€;'ity staff look a revising the sign ordinance. , . Planning Commission Minutes - 5/4/99 the variance route would provide a quicker result for the applicant. He noted that the Planning Commission could approve the request based on an anticipated amendment to the ordinance but there is the possibility that an ordinance amendment might fail to pass. The sign plan proposed for approval would include the two existing signs which are grand fathered in and the use of one electronic message board for a total of three signs. Dick Frie stated that the restrictions on the property access was the basis for the finding to grant a variance. Since there was no second to the motion, Dick Frie rescinded his motion. There was additional discussion on the signage for the building and the free standing signs. . ROBBIE SMITH MOVED TO APPROVE THE SIGN VARIANCES AND A MODIFIED SIGN PLAN WHICH INCLUDES BUILDING SIGNS AS PROPOSED, TWO PYLON SIGNS AND ONE ELECTRONIC MESSAGE BOARD BASED ON THE FINDINGS MADE AT THE HEARING INCLUDING THE SIZE OF THE PROPERTY RELATIVE TO THE NUMBER OF SIGNS AND THE NUMBER OF DISTINCT AND INDEPENDENT BUSINESS OPERA nONS AND THE IMPACT OF THE ROAD PROJECT ON THE BUSINESS OPERATIONS AND SUBJECT TO THE FOLLOWING CONDITIONS FOR THE USE OF THE ELECTRONIC MESSAGE BOARD: I) MESSAGE DISPLA YED FOR A LIMITED DURATION; 2) NO FLASHING SIGN AND 3) NO MOTION IN THE ELECTRONIC SIGN 4) THREE SECOND PAUSE BETWEEN MESSAGES REQUIRED. LED DISPLA Y REQUIRED. DICK FRIE SECONDED THE MOTION. MOTION CARRIED UNANIMOUSL Y. Rod Dragsten suggested that the City staff look a revising the sign ordinance. .' . - ...... . - . '- . . . "'"',. - ~"iJ . . , Planning Commission Agenda -12/07/99 6. Consideration of a request for a Special Home Occupation Permit within the R-l Zoninl! District. Applicant: Wayne Weber. (NAC) A. REFERENCE AND BACKGROUND: Mr. Wayne Weber has requested the approval of a home occupation permit to operate a business from his property at 1210 W. River Street. The business involves the receipt of industrial parts which are then repackaged for distribution to other business locations. Mr. Weber utilizes a 1,200 square foot detached garage for the storage of materials for his business, and a forklift to unload delivered materials. These aspects of the business require that the applicant request a Special Home Occupation Permit, which is a license to operate an accessory commcrcial usc on the applicant's residential property. Most of the essential aspects of the Ilome Occupation ordinance, Section 3-11 of the Zoning Ordinance, would appear to be met (attached as Exhibit A to this report). StafT is unaware of any neighborhood complaints regarding the operation. The need for the permit became apparent when the applicant was requesting a building permit which would have allowed an expansion of the attached garage. The garage was already largerthan allowed by ordinance (over 1,000 square feet) so expanding the garage is not possible. There is some concern that vehicles might be used in place of an expanded garage for storage space. The one issue raised by the ordinance would be the issue of exterior storage. Section 3-11 [D] I.e. prohibits the exterior storage of equipment or materials with the exception of personal automobiles. In the past few weeks it has been observed that the applicant has utilized the driveway for the parking of commercial vehicles (one large truck and one small truck), a violation of the section cited above. This aspect is a requirement of all Home Occupation Permits, and should be addressed by the applicant as a part of the issuance of this permit. A Home Occupation Permit is issued for one year, then may be renewed for up to three years increments thereafter. The Ordinance specifies that City Staff shall review the renewal request, and forward the request to the Planning Commission if warranted. B. AL TERNA TIVE ACTIONS 1. Motion to recommend approval of the Special Home Occupation Permit, subject to the removal of any exterior storage of commercial vehicles or other materials and equipment from the site. Interior storage is allowed under a Special Home Occupation Permit. 2. Motion to deny the Special Home Occupation Permit, based on a finding that the use is incompatible with the residential character of the neighborhood. 3. Motion to table action on the special Home Occupation Permit, subject to additional information. . Planning Commission Agenda -12/07/99 c. STAFF RECOMMENDATION Staff recommends approval of the Permit. As noted, there has bccn no record of neighborhood complaints due to the business operation, and it was only due to the applicant's building permit request that the operation became known to City StafT. Subject to compliance with the provisions of thc Ordinance, including thc prohibition of exterior storage, this application should be appropriate for approval. D. SUPPORTING DATA Exhibit A - Home Occupation Ordinance . . . . . 6. Adult uselaccessory activities shall be prohibited at any public show, movie, caravan, circus, carnival, theatrical, or other performance or exhibition presented to the general public where minors are admitted. (01113/92, #217) 3-11: HOME OCCUPATIONS: [A] Purpose. The purpose of this section is to prevent competition with business districts and to provide a means through the establishment of specific standards and procedures by which home occupations can be conducted in residential neighborhoods without jeopardizing the health, safety, and general welfare of the surrounding neighborhood. In addition, this section is intended to provide a mechanism enabling the distinction between permitted home occupations and special or customarily "more sensitive" home occupations so that permitted home occupations may be allowed through an administrative process rather than a legislative hearing process. [B] Aoplication. Subject to the non-conforming use provision of this section, all occupations conducted in the home shall comply with the provisions of this section. This section shall not be construed, however, to apply to home occupations accessory to farming. [C] Procedures and Permits. 1. Permitted Home Occupation. Any permitted home occupation as defined in this section shall require a "permitted home occupation permit." Such permits shall be issued subject to the conditions of this section, other applicable city code provisions, and state law. This permit may be issued by the Zoning Administrator or his agent based upon proof of compliance with the provisions of this section. Application for the permitted home occupation permit shall be accompanied by a fee as adopted by the Council. If the Administrator denies a permitted home occupation permit to an applicant, the applicant may appeal the decision to the City Council acting as the Board of Adjustment and Appeals, which shall make the final decision. The permit shall remain in force and effect until such time as there has been a change in conditions or until such time as the provisions of this section have been reached. At such time as the City has reason to believe that either event has taken place, a public hearing shall be held before the Planning Commission. The Council shall make a final decision on whether or not the permit holder is entitled to the permit. 2. Special Home Occupation. Any home occupation which does not meet the specific requirements for a permitted home occupation as defined in this section shall require a "special home occupation permit" which shall be applied for, reviewed, and disposed of in accordance with the provisions of Chapter 22 of the zoning ordinance. MONTICELLO ZONING ORDINANCE (p ,43/56 . . . "-- [D] 3. Declaration of Conditions. The Planning Commission and the Council may impose such conditions of the granting of a "special home occupation permit" as may be necessary to carry out the purpose and provisions of this section. 4. Effect of Permit. A "special home occupation permit" may be issued for a period of one (I) year after which the permit may be reissued for periods of up to three (3) years each. Each application for permit renewal will be reviewed by City staff. City staff will determine whether or not it is necessary to process permit renewal in accordance with the procedural requirements of the initial special home occupation permit. Staff determination will be made based upon the manner of operation observed by staff and based upon the level of complaints made about the home occupation. 5. Transferability. Permits shall not run with the land and shall not be transferable. 6. Lapse of Special Home Occupation Permit by Non-Use. Whenever within one (I) year after granting a permit the use as permitted by the permit shall not have been initiated, then such permit shall become null and void unless a petition for extension of time in which to complete the work has been granted by the Council. Such extension shall be requested in writing and filed with the Zoning Administrator at least thirty (30) days before the expiration of the original permit. There shall be no charge for the filing of such petition. The request for extension shall state facts showing a good faith attempt to initiate the use. Such petition shall be presented to the Planning Commission for a recommendation and to the Council for a decision. 7. Reconsideration. Whenever an application for a permit has been considered and denied by the Council, a similar application for a permit affecting substantially the same property shall not be considered again by the Planning Commission or Council for at least six (6) months from the date of its denial unless a decision to reconsider such matter is made by not less than four- fifths (4/5) vote of the full Council. 8. Renewal of Permits. An applicant shall not have a vested right to a permit renewal by reason of having obtained a previous permit. In applying for and accepting a permit, the permit holder agrees that his monetary investment in the home occupation will be fully amortized over the life of the permit and that a permit renewal will not be needed to amortize the investment. Each application for the renewal of a permit will be reviewed without taking into consideration that a previous permit has been granted. The previous granting or renewal of a permit shall not constitute a precedent or basis for the renewal of a permit. Reauirements: General Provisions. All home occupations shall comply with the following general provisions and, according to definition, the applicable requirement provisions. MONTICELLO ZONING ORDINANCE 3/57 . . . ,. 1. General Provisions. a. No home occupation shall produce light glare, noise, odor, or vibration that will in any way have an objectionable effect upon adjacent or nearby property. b. No equipment shall be used in the home occupation which will create electrical interference to surrounding properties. c. Any home occupation shall be clearly incidental and secondary to the residential use of the premises, should not change the residential character thereof and shall result in no incompatibility or disturbance to the surrounding residential uses. d. No home occupation shall require internal or external alterations or involve construction features not customarily found in dwellings except where required to comply with local and state fire and police recommendations. e. There shall be no exterior storage of equipment or materials used in the home occupation, except personal automobiles used in the home occupation may be parked on the site. f. The home occupation shall meet all applicable fire and building codes. g. There shall be no exterior display or exterior signs or interior display or interior signs which are visible from outside the dwelling with the exception of an identification sign which is limited to identifying the name of the resident only. h. All home occupations shall comply with the provisions of the city code. 1. No home occupation shall be conducted between the hours of 10 p.m. and 7 a.m. unless said occupation is contained entirely within the principal building and will not require anyon-street parking facilities. J. No home occupation shall be permitted which results in or generates more traffic than one (1) car for off-street parking at any given point in time. [E] Requirements: Permitted Home Occupations. 1. No person other than those who customarily reside on the premises shall be employed. 2. All permitted home occupations shall be conducted entirely within the principal building and may not be conducted in an accessory building. MONTICELLO ZONING ORDINANCE 3/58 . . . " 3. Permitted home occupations shall not create a parking demand in excess of that which can be accommodated as defined in Section 3-5 [F] 6, where no vehicle is parked closer than fifteen (15) feet from the curb line. 4. Permitted home occupations include and are not limited to: art studio, dressmaking, secretarial services, foster care, professional offices and teaching with musical, dancing, and other instructions which consist of no more than one pupil at a time and similar uses. 5. The home occupation shall not involve any of the following: repair service or manufacturing which requires equipment other than found in a dwelling; teaching which customarily consists of more than one pupil at a time; over- the-counter sale of merchandise produced off the premises, except for those brand name products that are not marketed and sold in a wholesale or retail outlet. [F] Requirements: Special Home Occupations. 1. No person other than a resident shall conduct the home occupation, except where the applicant can satisfactorily prove unusual or unique conditions or need for non-resident assistance and that this exception would not compromise the intent of this chapter. 2. Examples of special home occupations include: barber and beauty services, photography studio, group lessons, saw sharpening, skate sharpening, small appliances and small engine repair and the like. 3. The special home occupation may involve any of the following: stock-in- trade incidental to the performance of the service, repair service or manufacturing which requires equipment other than customarily found in a horne, the teaching with musical, dancing, and other instruction of more than one pupil at a time. 4. Non-Conforming Use. Existing home occupations lawfully existing on the effective date of this section may continue as non-conforming uses. They shall, however, be required to obtain permits for their continued operation. Any existing home occupation that is discontinued for a period of more than 180 days, or is in violation of the provisions of this chapter under which it was initially established, shall be brought into conformity with the provisions of this section. 5. Inspection. The City hereby reserves the right upon issuing any home occupation permit to inspect the premises in which the occupation is being conducted to ensure compliance with the provisions of this section or any conditions additionally imposed. (8/10/92, #232) MONTICELLO ZONING ORDINANCE 3/59 . Planning Commission Agenda -12/07/99 7. Consideration of a request for Preliminary Plat approval for Klein Farms 6th Addition. Applicant: Dave Klein. (NAC) A. REFERENCE AND BACKGROUND: At its Novembermeeting, the Planning Commission tabled action on the proposed Klein Farms 6th Addition to al low the applicant and City Staff to discuss a number of suggestions made in the original staff report. Eleven conditions were listed in the 11/2/99 report, and stall has met with the developer to discuss these and other issues relating to the proposal. The items were as follows: 3. 4. . 5. 6. 7. 1. Submission of a sketch plan showing layouts of the neighboring property to verify the feasibility of the street connection location. 2. Incorporation of an additional 40 foot wide pathway from Farmstead Avenue to the west plat boundary. Revision of the lots to accommodate the added pathway. Elimination of the internal 20 foot wide pathway connections. Addition of sidewalk along Farmstead A venue from the north plat boundary to Fallon Avenue. Addition of pathway within the Fallon Avenue right of way. Revision of the plat to illustrate future use of the land between the Amoco and NSP easements. 8. Revision of the grading plan to show a more natural pond shape. 9. Submission ofa landscaping plan showing an appealing treatment of the pond area which minimizes the need for public maintenance, such as mowing, and which illustrates the proposed tree preservation efforts. 10. Revision of the plat to show adequate maintenance vehicle access to the pond. II. Comments of other City Staff. The applicant has submitted a revised plat in accordance with these conditions. Park Drive has been shifted to the south to accommodate an expanded pathway area along the UP A easement between the northwest corner of the plat and Pioneer Park, with the lots revised as necessary. It appears that the proposed layout allows for a reasonable extension of Park Dri ve into the land to the west, and lot lines have been extended through the Amoco casement to the edge of the NSP power easement to avoid the remnant area previously shown. '. Planning Commission Agenda -12/07/99 . Remaining issues include the landscape treatment of the pond area, final determination of the maintenance road to the pond, and consideration of a temporary cul-de-sac for the end of Park Drive. Staff has encouraged the applicant to work with the adjoining land owner to obtain an easement which would avoid placing the temporary cuI-dc-sac in the front yards of Lot 4, Block 1 and Lot I, Block 4. B. AL TERNA TIVE ACTIONS Decision 1: Preliminary Plat for Klein Farms 6th Addition 1. Motion to approve the Preliminary Plat, subject to final landscape plan submission, final approval of the maintenance road design, and agreement on the temporary turn-around issue for Park Drive. 2. Motion to deny the Preliminary Plat, based on findings to be established. 3. Motion to table action on the Preliminary Plat, subject to additional infimnation. Decision 2: Rezoning of Klein Farms 6th Addition to R-l, Single Family Residential . 1. Motion to recommend approval of the rezoning to R-l, based on a finding that the zoning designation would be consistent with the low density residential recommendations of the City's land use plan for the area. 2. Motion to recommend denial of the rezoning, based on findings developed at the hearing. 3. Motion to table action on the rezoning, subject to additional information. C. STAFF RECOMMENDA nON Staff recommends approval of both the plat and the rezoning. The applicant has worked with Stattto address the issues which have been raised. Outstanding issues will not affect the layout or Staff s recommendation. D. SUPPORTING DATA Exhibit A - Revised Preliminary Plat Exhibit B - Revised Grading Plan , -. 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Consideration of a Comprehensive Plan Amendment for land west of the Kjellberg West Mobile Home Park. Applicant: City of Monticello. (NAC) A. BACKGROUND The City has been reviewing issues related to the Kjellberg Mobile Home Park area, including the future land use of the area west of the existing devclopment. The owners of the Kjellberg Mobile Home Park have requested approval of annexation and zoning which would allow the development of an expansion of the Mobile Home Park, both of which were rejected by the City, The most recent action of the Planning Commission was to recommend a zoning of R-2, Medium Density Residential, if annexed, 'The City's position has been that this designation would encourage attached housing in the range of four to eight units per acre, An expansion ofthe Mobile Home Park was not viewed as fitting with this designation, However, staff has become concerned that the designation is not specific enough, The most recent Mobile Home Park expansion plan was designed to meet the density requirement. In order to address this issue, stafT is recommending an amendment to the Comprehensive Plan which would more clearly spell out the intended development. Options include redesignating the site for low density residential or another land use, excepting the site from the City's long range development plans, or amending the text of the plan to provide greater detail as to the preferred development pattern, The current land use plan designation is for medium density residential, with a general reference to attached housing styles including twin homes and townhouses, The MOAA has also designated the site for medium density residential, consistent with the City's plans, If the City's land use plan is changed, it would no longer be consistent with the MOAA plan, resulting in a dif1lculty in annexation and development. It is not clear what the impact of this inconsistency would be, However, stall has noted previously that the land owner has indicated an intention to develop the site as a mobile home park under the assigned density, Staff s preferred option would be to more specifically spell out the meaning of medium density residential land use in the Comprehensive Plan, Suggested language would be as follows: In the extraterritorial areas of the community, medium density residential is expected to mean attached housing such as twin homes or townhomes in the range of four to eight units per acre, In keeping with the City's overall housing goals, most of these projects are expected to be processed with the City's Planned Unit Development zoning technique with an intent to increase project quality and value. . Planning Commission Agenda - 12/07/99 As noted in other portions of the Comprehensive Plan, the City of Monticello has a significant amount of existing housing in the "affordable" range, including rental housing and mobile home parks. '('he City's proportion of these housing types arc higher than most other communities in the region. It is expected that new medium density residential development will be designed to encourage individual home ownership through both plat design and utility design. Mobile home parks are not expected to be a part of the housing expansion for the foreseeable future. The intent of this clause, to be inserted in the Comprehensive Plan text which discusses the land use in the southwest growth area of the City, including the land west of Highway 25 and the Kjellberg West area. B. ALTERNATIVE ACTIONS 1. Motion to recommend approval of a Comprehensive Plan Amendment which redesignates the area to another land use category. 2. Motion to recommend amendment of the Comprehensive Plan to include new text such as the language proposed in this report, retaining the existing medium density land use designation. . 3. Motion to recommend no change to the Comprehensive Plan affecting the area west of the Kjellberg Mobile Home Park. 4. Motion to table action on the plan amendment, subject to additional information. C. STAFF RECOMMENDATION Staflrecommends Alternative 2, a change in the text. This change would be consistent with the previous interpretations ofthe plan, and would serve to provide additional clarity to the plan without a change in land use designation. It also keeps the consistency with the MOAA designation for the area. A change in land use designation would create an inconsistency with the MOAA plan for which the impacts would be dinicult to anticipate. Excepting the area from the plan would result in a future problem for the area since no land use or utility planning could be done to account for the eventual long term development of the property. . .........,. D. SUPPORTING DATA none . . , ..........". Planning Commission Agenda -12/07/99 9. Consideration of a req "est for an amendment to the R-l and R-2 side yard setbacks to permit a six foot setback on the gara!!e side. Applicant: Harold Shermer. (NAC) A. REFERENCE AND BACKGROUND: Harold Shermer has requested that the City amend its side yard setback requirements in R-I and R-2 Zoning Districts from ten feet to six feet on the garage side. Current setback requirements are ten feet on each side of the house and/or attached garage. The request would increase the buildable area of a property from 60 feet to 64 feet on a minimum 80 foot wide lot. Side yard setbacks affect the look of a residential subdivision. Some communities allow narrower side yards on the garage side, but these allowances tend to occur in small lot single family districts, such as an R-2, or where wider lots are required in which case the standard setback is usually wider than ten feet. In a quick check of other communities in the Monticello area - Buffalo, Dclano, Rockford, Otsego, Albertville, and Big Lake - the setbacks are most often ten feet on both sides for lots 01'75-80 feet in width. A few require wider lots. Buffalo is 5 and 15 feet on 85 foot wide lots, and Rockford is 10 and 15 feet on 90 foot wide lots. Many of these communities had small lot single family districts which allowed narrower setbacks, but most of the platting appears to be occurring in the larger lot districts. In the original plat area of Monticello, most of the lots are just 66 feet in width. In these areas, a narrower sidc yard setback would seem to be appropriate. The City has granted variances in the past to accommodate garage construction on these narrower lots. A 6 and 10 foot setback requirement (6 feet on the garage side) would seem to be appropriate in these areas, most of which arc zoned R-2. While the City has stated that larger single family development is an important housing goal, a reduction of the side yard setbacks in the current R-l District would reduce the spaciousness of the subdivision in exchange for the potentially larger house size. Developers always have the option of platting lots which are wider than the minimum if they wish to construct houses which cannot fit within thc 60 foot wide buildable area now in place. B. AL TERNATIVE ACTIONS 1. Motion to approve the request to amend the side yard setbacks in thc R-l and R-2 Zoning Districts to allow a six foot side yard setback on the garage side. 2. Motion to approve an amendment to the side yard setbacks in the R-2 District only to allow a six foot side yard setback on the garage side. . Plmming Commission Agenda -12/07/99 3. Motion to recommend no changes to the side yard setbacks in the R-l and R-2 Districts. 4. Motion to table action, subject to additional information. c. STAFF RECOMMENDATION Staff recommends that side yard setbacks be reduced only in the R-2 District. As noted in the report, the City has granted variances on some R-2 lots to allow additional construction due to their narrow width. However, the City's R-l District has been the primary zoning district for recent single family development with the 10 foot setbacks in place. Several hundred single family homes have been built within these guidelines. Where larger homes are desired, developers have the option of increasing lot width and maintaining the spaciousness created by the wider side yards. D. SUPPORTING DATA Exhibit A - Memo of 1l/3/99 development meeting with llarold & Darlene Shermer . - . . , Park Side at the Meadows - Development Meeting. November 3, 1999 Attendance: Harold & Darlene Shermer, John Simola, Jeff O'Neill and Clint Herbst The following summarizes the discussion between the parties above regarding the items below. Please review this document and call me if you have questions. I. Credit for increasing pathway width from 8' to ] 0'. It had previously been noted to Shermer that the City will pay for the additional two feet of path width due to the fact that City standards changed after the project had been approved. O'Neill noted that he received an estimated price of $1.50 per square foot for purpose of calculating credit. Shermer noted that the credit should take into account the difficult terrain. Jeff will check with the City Engineer and see if a larger credit is appropriate due to grades, etc. Is a $1.50 per square foot fair in this case. 2. Setback Amendment. O'Neill noted that Shermer can apply for an amendment if he so desires. Shermer said if he was aware of the 10' setback on both sides, his lots would be bigger. Shermer noted that he would like to apply for the setback amendment. O'Neill informed him that he needed to submit a formal application and the cost would be $250. 3. Road Width. The road width was defined by Shermer's engineer as back of curb to back of curb. This was a mistake as the plans should have shown road width as measured at curb face. The City Engineer approved the plans but before the curb was set, the City inspector saw the problem and required that the road be built to standard. Shermer noted that the standard width cost was an additional $26,000. Clint noted that the City should be responsible for funding any added or extraordinary costs associated with adding the additional width. For example, if curb needed to be replaced for the widened road, the City should pay such and additional cost. Shermer was asked to identify added costs associated with increasing the road width after it had already been cut in. Shermer noted that he might not have gone forward with the project had he known that the road was going to cost an additional $26,000. Getting this information after the utilities were in pushed him into a position where he was forced to complete the project. John noted that we should check with the City Attorney to see what responsibilities the City or engineer have to with respect to paying for added costs associated with widening the road width after original plan approval. Shermer also noted that there was late information on the need for Chimney seals. Also, drain tile was not noted on the original plans. O'Neill noted that Shermer should document his added costs associated with adding these items late in the project. 4. Annexation. It was noted that annexation process from 1997-1999 was delayed due to City/Township discussions. Ultimately, MOAA approved entire first phase for annexation - City approved 13 acres in first phase. Township wanted to follow MOAA recommendation. This was one cause of the hang-up. Other delays were caused by problems with the legal description. qA . . t 5. Grading Fee. Ilarold noted that the grading fee of $1 ,800 was agreed to earlier. Harold said it was an unreasonable amount, but he agreed to pay it so he will. Also, projeet was given authorization once both the City and Township agreed to annexation but before State Planning Agency ratification. This was done to accommodate schedule. Shermer recognized that the City tried to work with him on this. O'Neill noted that grading permits would no longer be granted until the State Planning Agency ratifies City and Township annexation approvals. 6. Development Agreement. City allowed his corporation to act as disbursing agent. 7. Power Pole. The preliminary plat design required that the pole be moved. This was a pre-existing condition on the land. Emmerich said that he would move it when he did the next phase. Emmerich never bought the land so he never moved the pole. Shermer felt moving the pole was the City's responsibility. Clint noted that the value of the land purchased by Shermer should have reflected the added cost of moving the pole. 8. As-Builts. As of one week ago, the project is completed sufficiently to allow the City to record as-built information. This information will be collected as soon as possible. This information is necessary in order for Shermer to begin plan work on next phase. 9. Road Curve. Road curved tighter to residential side to preserve park area. This created added cost associated with building retaining wall. It was noted that the road was later shifted back slightly to save trees and reduce height of retaining wall. 10. Park Parking. Simola noted that the entrance road was allowed to be extended through a City park. The parking lot was required to be rebuilt as part of the project. Shermer noted that he did extra grading of the park area that was not necessarily required. John noted that perhaps it would be appropriate to grant a credit for the grading of the park area. II . Pathway between lots. It was agreed to take a look at eliminating the pathway connection and bring it up at the next Planning Commission and Parks meetings. Parks Commission. Parks is on the 18th of November @ 4:30. This based on Shermer's request and recent Planning Commission action to eliminate a similar pathway associated with Klein Farm VI. Other Items: Shermer noted that he had good control of the project. He new every dime that went in there. He saved money by doing more of it himself. He believes that utilities installed privately cost less for the developer. Shermer requested that the City get a price on sign installation. . John said we can ask the City Attorney ifthe City Engineer can be held liable for the road width mistake? Shermer noted that he doesn't want to get into litigation but he docs feel that the mistake in the review cost him $ and forced him to complete the project. O'Neill asked if the questions regarding the final name of the road had been answered. John reviewed the documentation on the street name and said he would check with Gary and Roger on the final name. He would also call 421-9126, Jim Cairo, to determine if the streets have been properly labeled on the plat. Shermer noted that the County is requiring a document number for the gas line casement. He had to have a blanket easement converted to a specific area adjacent to the gas line. It has taken since August to figure get this resolved. Discussions regarding City expenses - Shermer requested that the City reduce its fee in an amount equal to the City Engineers share of City soft costs. O'Neill noted that he would review the matter with the City Attorney and the City Engineer Harold noted that he paid directly for overages so we need to pay him back for the costs out of the $14,000 deposit he provided. At the end ofthe meeting, Shermer provided Y2 of the city's fees as partial payment ($12,000). Full payment to occur in conjunction with resolution of road width. Shermer noted that he had an unexpectcd land expense ($5,000) when he was stuck with buying a sliver of land necessary to make a road connectcd from the Meadow Oaks plat to his property. Shermer noted that this had been a difficult project for him and his family. He recognized that many of the problems resulted from circumstances bcyond the City's control. City officials stressed that they would do what they could to make sure that the second phase goes better than the first. . CC: Planning Commission Mayor and City Council City Engineer City Attorney City Administrator . -~ . . . Planning Commission Agenda -12/07/99 10. Consideration of a request for an amended plat for Parkside to allow the elimination of a pathway in the side yard. Applicant: Harold Shermer. (NAC) A. REFERENCE AND BACKGROUND; Harold Shermer has requested that the City allow a revised plat for his Parkside subdivision. This subdivision was designed with a cui-de-sac, from which a pathway route was reserved to allow a pedestrian connection from the cul-de-sac to the next street. Recently, stan'has reconsidered such pathways in light of concerns over thei r compatibility with residential side yards, as well as difTiculty in constmcting and maintaining such pathways in limited areas. Staff's discussion has centered around a more thorough review of where such pathways may be needed. In the case of Parks ide (as with Klein Farms 6lh Addition), it is believed that the short additional distance from the cul-de-sac to the street and principal sidewalk does not necessitate a pathway through the side yards as previously planned. There may be situations where such pathway connections are still appropriate. In these cases, staff willlikcly be recommending a wider pathway right-of-way (forty feet or more), and potentially wider lots adjacent to avoid both the crowding issue and the maintenance problems encountered with the previous design. B. ALTERNATIVE ACTIONS 1. Motion to approve the plat amendment for Parkside, eliminating the pathway in the side yard, based on a finding that the benefits of the pathway in this location do not outweigh the problems associated with narrow side yard pathways as previously designed. 2. Motion to deny the plat amendment, based on a finding that the pathway serves an important public purpose in the currently approved location. 3. Motion to table action on the amendment, subject to additional information. C. STAFF RECOMMENDATION Staff recommends approval ofthe plat amendment as outlined in Alternative 1. As noted in the text, such pathways can prescnt problems fiJr the City, the neighbors, and the users. Staff will recommend such side yard pathways where a wider right-or-way can be obtained, and where there is a greater need for direct pedestrian access. D. SUPPORTING DATA Exhibit A - Preliminary Plat Drawing 0' 80' 80' 4' 83' 90' . If) If) 3 '" '" ) 3 -4 ................................ .4' 83' 83' / 16561 .q f1 0.3800cre.. r0 (J\ 9 ': t. o CO \53 12166 '9 fl 0.279 ocr.... 8 15\ 7 ~ g 13563 sq ft 0 ,.......<?: ~.I.I. .~;r.e.s.:.. 0> 150 o 80 2 021 If) 020 If) I"') N o CO 80 25289 square feel. 0.581 ocr.... 12 I- I I \ L 13 '" 14 51616 square feel. 1.185 acre.. 15 . I 385 : I :' / 80 16 48238 .quare feel. 1.107 acres. ......... CONSIDERATION OF REMOVAL 18 0 OF PATHWAY If) ~ I I I I I I I I I I I I I I I I I I I I I I I I I '" I 1 ex) N I I I I I I I I I I I I I I I I ..............y .. 86 I I I CO 1O :..... .... M' 4\ o If) 80' If) '" 5 --_. .n_ 3 83 83 83 83 83 83 83 83 83 83 ....... ................ ............... ................ .. .............. ................ ................ ............... ................ ................ . . . . . . . . . . . ) 3 4 5 LJ') 6 4 Lf) 7 8 9 I 0 If) I ,~. Lf) Lf) LJ') '" If) Lf) I 1 L '" '" '" '" '" '" '" - If) If) - - - - - - - "" "" .q fl 12035 S9 f 1 12035 s9 fl 12035 ''1 f 1 12035 ''1 f1 12035 sq f 1 12035 .q f 1 -----12035 ''1 f 1 12035 ''1 ft 12035 s'1 It 12035 . jC r 9!1 . 0.28 ocreg. 0.28 ocr-g.!.. 0.28 acres. 0.28 ocr es . 0.28 acres_ 0,28 acres. 0.28 ocres. 0.28 acreS. 0,28 ocres. 0.28 oc 3- - - - ~ - ~ - 83 - - - - 8-3 - - -- 83 - - - - -83 - - 83 - - - - 83 - - - -83 - - - - - - -83 83 83 .rk Trai I 25294 "I, fl. 0.581 aCre.. -- - - --- ~ - --- - ~ -~- - - ~-- - - ----~ -~-- --~~ - - --~ - - --- - -~- I S 89.47'44" W 1846.40 Kenneth Shultz L. Scheving . . . . "'" It. Planning Conunission Agenda -12/07/99 Consideration of DA T comments re~ardin~ the proposed amendment to the Si~n Ordinance allowinl! electronic reader boards. Applicant: Citv of Monticello. (NAC) A. REFERENCE AND BACKGROUND: At its November meeting, the Planning Commission considered a proposed amendment to the Sign Ordinance which allows the use of electronic reader boards as a part of the sign display in B-3 and B-4 Districts. The Planning Commission's action was to recommend adoption of the ordinance amendment, with the inclusion of properties in the CCD District adjaeentto Highway 25. The rationale for this inclusion was based in the different character of the Highway 25 corridor from that of the rest of the CCD. Staff took this recommendation to the Design Advisory Team for comment, since the DA T had not had the opportunity to review the proposed ordinance prior to the Planning Commission's inclusion of the CCD area. Staff noted that City Staff has discussed the potential of a modest electronic sign as a part of the Community Center project in the CCO. lt was pointed out that such a sign would be allowed under the ordinance which permits "public signs" to include electronic reader board technology. Despite the possibility that such a sign might be built for the Community Center, DA T recommended that the CCD not be an eligible area for electronic signs. Their comments included a concern that such signs would not be in keeping with the downtown district's intent, even though the Highway 25 corridor was different in nature from the remainder of the district, and that the cost of such signs would likely limit their proliferation. Staffis bringing this recommendation back to the Planning Commission for its consideration prior to forwarding the sign ordinance amendment to the City Council. As noted, this has been done only to allow DA T comment, and staff has no specific recommendation in this regard. B. ALTERNATIVE ACTIONS 1. Motion to forward the sign ordinance amendment to City Council as previously recommended by the Planning Commission. 2. Motion to amend the Planning Commission's recommendation to the City Council by eliminating the CCD from the proposed ordinance. 3. Motion to table action on the amendment, subject to additional information. Planning Commission Agenda -12/07/99 . c. STAfF RECOMMENDATION Stall has no additional recommendation on this issue, however we request that the Planning Commission review the eomp plan closely to determine if introduction of electronic reader boards is appropriate in the CCD. D. SUPPORTING DATA Copy of sections of the redevelopment plan relating to signs in the CCD. . , . . . materials that characterize the property, and shall be differentiated from the old, and yet be compatible with the massing, size, scale and architectural features of the original structure. . Reversibility: New work shall be applied such that, if removed in the future, the essential form and integrity of the historic property and environment will be maintained. 5.2 The Department of Interior "Standards for Rehabilitation" and the Guidelines which accompany them are the starting point for storefront and downtown building design. However, in terms an approach (for example, "where does one start?"), a process~might be defined for re- use. Restoration and renewal work shall follow these steps: . Historic pictures and/or research to determine authenticity of work is the most important starting point, thus avoiding guesswork, false application of history or a restoration theme. It also helps all parties visualize what is possible. . In some cases, apply for Historic Structures Report grant to do a com- plete analysis. . Study and articulate what is original,' what is not, what should be retained and what is the character of the place. Develop a design concept based on this data and the use/re-use. . Deal with code and technical matters as required using the appropriate specialists. 5.3 In downtown, the two-level, two-use nature of some buildings is impor- tant, thus each can be thought of as a "storefront" and an "upstairs," which may require dual re-use considerations, accessibility solutions and other factors that might affect the re-use. Frequently the second level fronts are less changed or easier to restore than the storefronts below. . Image: The whole building works as the signature of the business(es) present, and is one large "sign" of its presence, nature and viability. . Storefronts: Maximize transparency, remembering that this is the advertising of the inside, it is inviting and provides light outward in the evenings. . Signboards: Typically signboards are located just above the transpar- ent storefronts. Small and interesting is better, with small spotlights for illumination. No backlighted plastic signs shall be allowed. Projecting signs (those that overhang the sidewalk) are acceptable as described in Section 4.3. . Awnings: Real, operable, fabric (canvas or stabilized natural fabric) are encouraged if originally present or on new construction. They pro- vide shade, rain protection, assist in store/business recognition and sign locations. and are a variable that is visually interesting. Awnings must not be regularized too much, nor become fixed or backlighting. Awnings on re-use projects shall conform to the description in Section 4.1 and 4.2. . Upper facade: Restore typical historic window patterns discovered in old photos, restore top of wall detail or overhanging cornice work which acts as the eye-catching finale to the storefront. F ~ i I: !.l j: :~ Jew Bridge Ital/zlng Mont/cello's Downtown and Riverfront / I A I ~ I I ,- 13. . Planning Commission Agenda - 12/07/99 Consideration of call for a public hearinl! on a zoning text amendment that clarifies curb cut reauirements in residential districts. A. REFERENCE AND BACKGROUND A few residences have recently been constructed with driveway widths exceeding 24 feet in width at the property line. The current ordinance reads a s follows: No curh cut access shall exceed twenty-four (24) feet in width with thefollowing exception: C-;urh 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 hy the City Engineer and Zoning Administrator of curb cut access in excess oftwenty-four (24) feet may he appealed following the procedures outlined in Chapter 23 (~fthe zoning ordinance. We have interpreted this ordinance to mean that the driveway width across the boulevard area of the public street must not exceed 24 feet in residential districts. Unfortunately, our interpretation and the words of the ordinance differ. The ordinance language of "curb cut access" is not defined by the zoning code. A "curb cut access" may be interpreted to mean the curb cut providing access to the lot. In the case of surmountable curb no curb cut is made, and where curb cuts are made in typical 136/12 curbing, the driveway may be greater in width after the curb cut and prior to crossing the property line. It is suggested that the ordinance state what is intended: The maximum drivewav width between the rJUhlic street and the pronertv line shall not exceed twenty-four (24) feet with the following exceptions..: L Within all districts. a five foot radius curh mav he constructed at the lJublic street in addition to the maximum drivewav width allowed. l Curh cut access in industrial and commercial zoninS! districts may exceed twentv-f(JUr (24) teet with the annroval of the Citv EmJineer and the Zoninz Administrator. Denial bv the Citv Engineer and ZoninS! Administrator of curb cut access in excess oftwentv-four (24) feet mav be armealed following the procedures outlined in Chanter 23 o(the zoning ordinance. This suggested change will assist in enforcement of the ordinance and retain the aesthetic standards intended. . . - 13. Consideration of call for public hcarin~ on a zonin~ text amendment that clarifies curb cut requirements in residential districts. A. REFERENCE AND BACKGROUND: Fred Patch to discuss at meeting.