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Planning Commission Minutes 08-03-2010Planning Commission Minutes — 8/3/10 MINUTES MONTICELLO PLANNING COMMISSION Tuesday, August 3rd, 2010 6:00 PM Mississippi Room, Monticello Community Center Commissioners Present: Rod Dragsten, Charlotte Gabler, Barry Voight, Lloyd Hilgart Commissioners Absent: William Spartz Council Liaison: Susie Wojchouski Staff: Angela Schumann, Ron Hackemnueller, Steve Grittman — NAC Call to order. Chairman Dragsten called the meeting to order noting the absence of Commissioner Spartz. 2. Consideration to approve the Planning Commission minutes of July 61h 2010. MOTION BY COMMISSIONER VOIGHT. MOTION WAS SECONDED BY COMMISSIONER GABLER. MOTION CARRIED 4 -0. Citizen comments. None. 4. Consideration of adding items to the agenda. None. 5. Public Hearing - Consideration of a request for Amendment to Conditional Use Permit for Planned Unit Development for Towne Centre Signage Plan. Applicant: Silver Creek Development/City of Monticello Community Development Director Angela Schumann stated that the applicant has requested that the public hearing be continued to the September meeting in order to have additional time to put together the needed supporting materials. Chairman Dragsten opened the public hearing, and finding no continents, then closed the public hearing and asked for a continuance. MOTION BY COMMISSIONER HILGART TO CONTINUE THE PUBLIC HEARING TO THE SEPTEMBER MEETING. MOTION WAS SECONDED BY COMMISSIONER VOIGHT. MOTION CARRIED 4- 0. Planning Commission Minutes — 8/3/10 6. Public Hearing — Consideration of an Amendment to Conditional Use Permit for Planned Schumann summarized that the applicant is seeking a subdivision and amendment to Planned Unit Development for the existing Union Crossings 4 1 Addition. Lot 2, Block 1 will be subdivided to create two parcels to separate the property currently occupied by PetSmart from the easterly remainder of the property. The PetSmart parcel will become Lot 1, Block 1 of Union Crossings 5th Addition and the remainder would be Lot 2. Union Crossings was developed as a PUD to provide for a variety of retail buildings in a shopping center arrangement. The PUD covers the easements for parking and access between all the lots in the Union Crossings development. Chairman Dragsten questioned the irregular shape of the lot and utility easement. Schumann noted that there had also been an irregular lot and drainage easement configuration within the 4`h Addition subdivision and those divisions were to accommodate the amount of square footage needed for each particular lot as required by the property owner. Chairman Dragsten opened the public hearing. Applicant Chris Brink with Ryan Companies, 50 S. 10" St., Suite 300, Minneapolis pointed out that there had been a prorata split between the properties within the entire development so that there would be enough land area to meet the requirements of the leasing agreement. Susie Wojehouski clarified that the lots had to be cut up that way for it to work out for the sale. Schumann confirmed that the Planned Unit Development would include cross easements, shared access and cross parking. As there were no further public comments, the public hearing was closed. MOTION BY COMMISSIONER VOIGHT TO RECOMMEND APPROVAL OF PLAT AND PUD AMENDMENT FOR UNION CROSSINGS 5Ta ADDITION BASED ON A FINDING THAT THE APPLICATIONS ARE CONSISTENT WITH THE ORIGINAL PUD APPROVALS FOR UNION CROSSINGS WITH THE RECOMMENDATIONS OF THE CITY ENGINEER THAT THE PROPOSED 30 -FOOT EASEMENT IS ADEQUATE TO MAINTAIN THE DEEP SANITARY SEWER TRUNK LINE. MOTION WAS SECONDED BY COMMISSIONER HILGART. MOTION CARRIED 4 -0. Public Hearing — Consideration of an Amendment to Conditional Use Permit for Joint Parking for a Commercial Restaurant. Applicant: Wamert Development. Steve Grittman from NAC presented a Conditional Use Permit Amendment to allow for joint access and parking on a commercial parcel for an approximate 5,000 square foot Pizza Ranch restaurant, which is proposed to occupy the northern portion of Building B 2 Planning Commission Minutes — 8/3/10 in a retail shopping center located south of Chelsea Road between Highway 25 and Cedar Street. He pointed out that additional parking would be constructed to accommodate the proposed use. He stated that code takes into account square footage when determining parking space requirements and noted that there would be 25 surplus parking spots on site after the future expansion of retail in Building A. Grittman indicated that the building in which the restaurant is to be located was part of a two building/lot retail commercial development approved by the City in 2006 as a Planned Unit Development. The Zoning Ordinance has since been modified and the PUD classification is no longer necessary. Staff recommended approval of the CUP with a series of conditions mostly related to verification issues: • PUD applied to current property is terminated and replaced with CUP; • 56 parking spaces be developed on site at the time of Pizza Ranch construction; • Use and associated business hours of Building A are examined at the time of development to assure adequate on- street parking; • Agreement executed for cross parking and cross access reflecting new tenant mix; • Submitted building elevations be modified to specify finish materials; • Landscaping conditions must be met; • Signage be in compliance with previous approvals; • Changes to site lighting plan be approved by staff; • Compliance with Engineering requirements. Chairman Dragsten opened public hearing. Applicant Sheila Devine of Warnert Commercial noted that she is working with the Pizza Ranch franchise to redo the configuration of the retail space and bring forward the full plan. She confirmed that money would be maintained in escrow for landscaping until the project is completed. She indicated that the awning would only be on the Pizza Ranch property corner. She stated that the applicants would meet all conditions in Exhibit Z. Hearing no further public comment, the public hearing was closed. Schumann suggested attaching a condition that final materials come back to the Planning Commission for review and comment but not approval. Grittman noted that although the Commission may make recommendations to Council, they would not be conditions of the formal CUP. MOTION BY COMMISSIONER VOIGHT TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT, BASED ON A FINDING THAT THE PROPOSED PLAN IS CONSISTENT WITH THE REQUIREMENTS OF THE ZONING ORDINANCE, AND CONTINGENT ON COMPLIANCE WITH THE CONDITIONS LISTED IN EXHIBIT Z AS FOLLOWS, WITH THE ADDITION OF THE FUTURE REVIEW BY THE PLANNING COMMISSION OF FINISHING MATERIALS. Planning Commission Minutes — 8/3/10 The existing PUD applied to the property be terminated. This issue should be subject to farther comment and recommendation by the City Attorney. 2. At least 56 parking spaces on the north, Phase 2 site are constructed at the time of the Pizza Ranch construction. 3. The use and associated business hours of "Building A" be examined at the time development to ensure an adequate off - street parking supply (for the entire development). 4. An agreement be executed by the parties involved in the cross parking and cross access arrangement. Such agreement shall be subject to review and approval by the City Attorney, filed with the City and recorded with the County. 5. The submitted building elevations be modified to specify finish materials 6. The following landscaping - related conditions be satisfied: A. All landscaping areas shall be irrigated. B. A minimum one year landscaping guarantee shall be provided. Site signage comply with the conditions of previous City approvals. 8. If any changes to the previously approved photometric lighting plan are proposed, particularly in the area of the previously proposed drive - through lane, the changes be documented upon on a revised photometric plan. Such revised photometric plan (if necessary) will be subject to the review and approval of the Building Official for conformance to the zoning ordinance lighting requirements. 9. Issues related to grading, drainage, erosion control, and utilities are subject to the review and approval of the City Engineer, including the preliminary comments identified in this report. MOTION WAS SECONDED BY COMMISSIONER GABLER. MOTION CARRIED 4 -0. 8. Public Hearing - Consideration of a request for (1) a Rezoning from B -4, Regional Business to I -1 or I -IA, Light Industrial. (2 ) a Zoning Ordinance Amendment Establishing "Major Automobile and Truck Repair" as a conditional use in the I -1 or I- IA, Light Industrial District and (3) a Conditional Use Permit to allow a major truck and automobile repair facility in an I -1, or I -IA, Light Industrial District. Applicant: Hoglund Body & Equipment. _ Grittman presented this request as a series of approvals involving a rezoning of the property; amending the zoning ordinance to accommodate the use; and submitting an application for a conditional use permit. These actions would allow the applicant to move into an existing building along Chelsea Road and to operate a repair facility for buses, 11 Planning Commission Minutes — 8/3/10 trucks and other vehicles. This proposal would also correct map re- zoning issues and consider appropriate use on this site over the long term. Grittman gave a brief development history of the site and summarized an analysis of the potential rezoning. He noted that it had been inaccurately classified as a business zone. He indicated that this proposal seeks to create an industrial use classification consistent with the historic use of this property. The surrounding land use to the west is designated I- IA and an I-1 -A designation would be consistent with the Comprehensive Plan. He pointed out that the I -lA, Light Industrial District, does not make allowance for repair of trucks or automobiles. He suggested a text amendment to establish Major Automobile Repair and Track/Heavy Equipment Repair as a permissible activity and recommended removing bus terminals and maintenance garages from the I -1A, leaving them to the more appropriately restrictive I -1 district. He cited the need for a greater level of detail for the conditional use permit and specified the need for compliance with conditions related to setbacks, parking, loading, landscaping, signage, building design, trash, grading, drainage and utilities and outdoor storage. Grittman then summarized the three decisions and the recommended motions for the Planning Commission to consider and responded to numerous related Commissioner questions and comments. Chairman Dragsten opened the public hearing. Applicant Wayne Hoglund indicated that he had purchased the building and would be moving an existing business from a building in Corcoran into this larger site to do auto body work with buses and trucks. Hoglund reported that he would have no problem complying with the specified conditions. Hearing no public comment, the public hearing was closed. DECISION 1: REGARDING THE REZONING OF THE SUBJECT SITE FROM B -4, REGIONAL BUSINESS, TO I -IA, LIGHT INDUSTRIAL MOTION BY COMMISSIONER VOIGHT TO RECOMMEND APPROVAL OF THE REZONING, BASED ON A FINDING THAT THE ACTION IS CONSISTENT WITH LAND USE DIRECTIVES OF THE CITY'S COMPREHENSIVE PLAN AND THAT THE CURRENT B -4 ZONING DESIGNATION WAS APPLIED IN ERROR. MOTION WAS SECONDED BY COMMISSIONER HILGART. MOTION CARRIED 4 -0. DECISION 2: REGARDING AN AMENDMENT TO THE I -lA DISTRICT ESTABLISHING "BUS, MAJOR AUTOMOBILE, TRUCK, AND HEAVY Planning Commission Minutes — 8/3/10 EQUIPMENT REPAIR" AS A CONDITIONAL USE, WITH A CONCURRENT DELETION OF BUS TERMINAL AND MAINTENANCE GARAGE FROM THE I -1A DISTRICT MOTION BY COMMISSIONER HILGART TO RECOMMEND APPROVAL OF THE AMENDMENT, BASED ON A FINDING THAT THE AMENDMENT IS CONSISTENT WITH THE INTENT AND PURPOSE OF THE I -lA DISTRICT, AND THAT THE USE WOULD BE CONSISTENT AND COMPLEMENTARY TO SIMILAR LIGHT INDUSTRIAL USES. MOTION WAS SECONDED BY COMMISSIONER GABLER, MOTION CARRIED 4 -0. DECISION 3: REGARDING A CONDITIONAL USE PERMIT FOR "BUS, MAJOR AUTOMOBILE, AND HEAVY EQUIPMENT REPAIR" IN THE I -lA DISTRICT MOTION BY COMMISSIONER VOIGHT TO RECOMMEND APPROVAL OF THE CUP WITH CONDITIONS LISTED IN EXHIBIT Z AS FOLLOWS, BASED ON A FINDING THAT THE PROPOSED USE WILL MEET THE CONDITIONS OF THE ZONING ORDINANCE AND WILL BE CONSISTENT WITH THE INTENT OF THE I -lA DISTRICT AND THE COMPREHENSIVE PLAN. 1. The site plan be revised to illustrate all off - street parking stalls (including those dedicated for use by the disabled) and designated loading areas. 2. The applicant address, to the satisfaction of the City, the handling of trash and recycled materials. 3. The entire site other than that taken up by a building, structure, or plantings shall be surfaced with a material to control dust and drainage which is subject to the approval of the City Engineer. 4. A drainage system subject to the approval of the City Engineer shall be installed. 5. The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right -of -way and shall be in compliance with Chapter 3, Section 2 [H], of this ordinance. 6. The site plan be revised to illustrate the location of the proposed freestanding sign. 7. Provisions are made to control and reduce noise. Any outdoor storage of vehicles awaiting repair or pick -up shall be contained within an enclosure, and shall be screened and landscaped to meet the requirements and intent of the I- 1A zoning district. 9. Loading areas be screened from adjacent rights -of -way. 10. A landscaping plan be submitted which illustrates the location, variety and size of all site 0 Planning Commission Minutes — 8/3/10 plantings. The landscaping plan shall specifically identify the proposed screen plantings for any approved storage area. Such plan shall be subject to City review and approval. MOTION WAS SECONDED BY COMMISSIONER HILGART. MOTION CARRIED 4 -0. 9. Consideration of a request for extension of Conditional Use Permit for Planned Unit Development for a multi -tenant commercial development in a B -3 (Highway Business) District. Applicant: Cornerstone/DOJO LLC. Schumann presented a request for an extension of the conditional use permit for the Cornerstone Development Planned Unit Development project. She noted that in 2008, the Planning Commission had reviewed and recommended approval of a Conditional Use Permit for a Planned Unit Development for a multi- tenant commercial development in a B -3 Highway Business District submitted by Cornerstone /DOJO. The City Council granted the CUP. Due to non -use, the CUP is set to expire this year. The applicant has not yet supplied record documents. Schumann recommended that the applicant bring the final stage proposal back before the Planning Commission to address all previously approved conditions. MOTION BY COMMISSIONER GABLER TO RECOMMEND AN EXTENSION OF ONE YEAR FOR THE AUGUST 11TH, 2008 CONDITIONAL USE PERMIT FOR PLANNED UNIT DEVELOPMENT FOR A MULTI - TENANT COMMERCIAL DEVELOPMENT IN A B -3 (HIGHWAY BUSINESS DISTRICT) FOR CORNERSTONE /DOJO LLC, WITH CONDITION THAT ALL PREVIOUSLY APPROVED CONDITIONS BE ASSIGNED TO THE EXTENSION AND FINAL STAGE PUD TO COME BACK BEFORE PLANNING COMMISSION. MOTION WAS SECONDED BY COMMISSIONER HILGART. MOTION CARRIED 4 -0. 10. Consideration of a request for extension of Conditional Use Permit for a Bank Facility with a Drive - Through Facility, Joint Parking and Joint Access. Applicant: Broadway Market Investors, LLC. Schumann confirmed that M& I Bank is now the sole property owner and is requesting an extension of their 2008 Conditional Use Permit for a commercial development project located adjacent to Hart and CSAH 39. Due to non -use, the CUP will expire on September 22, 2010. Schumann noted that this extension is just for the M &I corner rather than the entire Broadway Market. She also indicated that she would provide a list of CUP extensions to the Planning Commission by the end of the year. MOTION BY COMMISSIONER VOIGHT TO RECOMMEND EXTENSION FOR ONE YEAR OF THE SEPTEMBER 22, 2008 CONDITIONAL USE PERMIT FOR PLANNED DEVELOPMENT FOR A BANK FACILITY WITH DRIVE - THROUGH FACILITY, JOINT PARKING, AND JOINT ACCESS FOR M & I BANK WITH THE CONDITION THAT ALL PREVIOUSLY APPROVED CONDITIONS BE ASSIGNED TO THE EXTENSION. Planning Commission Minutes — 8/3/10 MOTION WAS SECONDED BY COMMISSIONER HILGART. MOTION CARRIED 4 -0. 11. Consideration to call for a Public Hearing on amendments to the 2010 City o Monticello Zoning Map. Applicant: City of Monticello. Schumann asked that the Planning Commission call a second public hearing of the revision of the zoning map that was adopted earlier this year. Any additions would be clarified and inconsistencies in parcel configuration would be corrected. After the zoning ordinance revision process has been completed, MFRA would verify and complete a specific parcel -by- parcel GIS layer for the City for the 2011 zoning map. MOTION BY COMMISSIONER DRAGSTEN TO CALL FOR A PUBLIC HEARING ON SEPTEMBER 7, 2010 ON AMENDMENTS TO THE 2010 CITY OF MONTICELLO ZONING MAP. MOTION WAS SECONDED BY COMMISSIONER GABLER. MOTION CARRIED 4 -0. 12. Community Development Director's Report. Schumann invited questions related to the Director's Report. Grittman responded to a question about variances by summarizing what type of variance requests might be considered justifiable. There was much discussion about what might be considered reasonable use of property and the need for clear zoning regulations. When asked about Pelican Lake, Schumann clarified that the approved plan calls for the restoration of that lake which includes a reduction in the water level. Chairman Dragsten asked about how to gain access to the City compost facility using the combination code. Schumann reported that there would soon be a quick link to Pay My Utility Bill on the City website on which citizens can sign up to view their city account and get the code information. Schumann noted that further related questions might be best directed to the Utilities Department. Building Official Ron Hackenmueller reported that it is difficult to obtain an accurate hail damage count because of foreclosures. He noted that staff has been working to determine ownership and obtain timely cooperation from those involved. He pointed out that inventory of vacant homes has been reduced. He cited that there are two new homes going up in Monticello. Schumarm reported that Wright County Community Action and the MN Homeownership Center had provided anecdotal information about upcoming foreclosures in Northeastern Wright County including Monticello to some extent. These are primarily due to Planning Commission Minutes — 8/3/10 homeowners who have lost employment. In addition, she cited that complaints about foreclosure scams have considerably increased in the past few years. 13. Consideration of added items. None 14. Adjourn. MOTION BY COMMISSIONER VOIGHT TO ADJOURN. MOTION WAS SECONDED BY COMMISSIONER HILGART. MOTION CARRIED 4 -0. The meeting was adjourned at 7:40 p.m. Recorder: Kerry T. Burri Approved: October 5, 2010 Attest: Angela S ann, Community Development Director