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Planning Commission Minutes 07-06-2010Planning Commission Minutes — 7/6/10 MINUTES MONTICELLO PLANNING COMMISSION Tuesday, July 6, 2010 6:00 PM Mississippi Room, Monticello Community Center Commissioners Present: Rod Dragsten, Charlotte Gabler, Lloyd Hilgart, William Spartz, Barry Voight Council Liaison: Susie Wojchouski Staff: Angela Schumann, Ron Hackenmueller, Steve Grittman — NAC Call to order. Chairman Dragsten called the meeting to noting the full complement of commissioners present. Consideration to approve the Planning Commission minutes of February 3rd, 2010, May 4th, 2010, June I st, 2010 and June 8ai, 2010. MOTION BY COMMISSIONER SPARTZ TO APPROVE THE MINUTES OF FEBRUARY 3, 2010. MOTION WAS SECONDED BY COMMISSIONER VOIGHT. MOTION CARRIED 5 -0. MOTION BY COMMISSIONER SPARTZ TO APPROVE THE MINUTES OF MAY 4, 2010. MOTION WAS SECONDED BY COMMISSIONER VOIGHT. MOTION CARRIED 5 -0. MOTION BY COMMISSIONER HILGART TO APPROVE THE MINUTES OF JUNE 1, 2010. MOTION WAS SECONDED BY COMMISSIONER SPARTZ.MOTION CARRIED 5 -0. MOTION BY COMMISSIONER VOIGHT TO APPROVE THE MINUTES OF JUNE 8, 2010 AS AMENDED BY THE CORRECT SPELLING OF GABLER. MOTION WAS SECONDED BY COMMISSIONER HILGART.MOTION CARRIED 5 -0. Citizen comments. None. 4. Consideration of adding items to the a eg nda. Commissioner Spartz would like to discuss the special meeting of June 8 "', 2010. Planning Commission Minutes — 7/6/10 5. Consideration of a request for Amendment to Conditional Use Permit for Planned Unit Development for Open & Outdoor Storage for Car Rental Facility. Enterprise Leasing Company of MN, LLC Steve Grittman of WSB introduced a request for a Conditional Use Permit by Enterprise Leasing to use their existing auto rental facility site in Groveland Center differently than had been established in the original development plan. He stated that the applicant proposed to occupy a portion of the facility and use a portion of what was developed as a parking lot to store rental vehicles available for customers of the business. He noted that the site is fully developed for commercial use and summarized the six specific zoning standards that would apply to the use of outdoor storage: 1) the area must be screened from view of neighboring residential uses; 2) storage must be screened from view of the public right of way; 3) the storage area must be paved; 4) lighting must meet current code requirements; 5) the storage area must not take up parking space; and 6) the provisions of Chapter 22 must be met. Grittman indicated that there are no neighboring residential uses and that the storage of autos would be indistinguishable from other parking. He noted that the storage area is paved and the facility is already developed. He suggested that staff verify that the parking lot meets lighting code requirements. He pointed out that there is a significant surplus of parking on this site. He cited that the application has met the conditions of a B- 3 District and would be appropriate for amendment. WSB recommended approval as submitted with verification of the lighting. Commissioner Spartz asked if the business was moving or if this involved a new business. Gritttnan stated that the business is now located on Sandberg just southeast of this site and noted that the existing site is tight for their current business needs. Commissioner Dragsten asked if the car wash was already in the facility. Grittman suggested that the applicant could speak to specifics. Chairman Dragsten opened public hearing. Paul Hodge, representing Enterprise Rental Center, was available to answer questions. Commissioner Gabler asked if the applicant was looking to grow the business and noted that this site would be more visible. Hodge stated that, with the closing of their Buffalo site, Enterprise is looking to consolidate services in a larger facility. He responded to the questions about the car wash by specifying that they use a bucket wash process and would be making minor modifications in the wash bay area to reduce overspray and a sloping condition. He indicated that there is a flammable waste trap as required. Hodge clarified that this would be strictly a rental facility. Commissioner Dragsten asked how the number of cars in lot was determined. Hodge indicated that the estimate of 23 cars in the lot would be a maximum if all cars were returned at the same time. Enterprise would anticipate that most of the cars would Planning Commission Minutes — 7/6/10 be rented and on the road most of the time. He pointed out that the fleet moves around transitioning to different locations depending on customer need. Grittman stated that the applicant would be in substantive compliance and would not need to come back for an amendment should the need for more storage space come about. The applicant indicated that Enterprise is expected to move into this facility in September. Council Liaison Susie Wojchouski asked Hodge about signage. He pointed out that there is a 3x15 area located on the building already wired for LED and a 3x5 blank spot on the marquee for the Enterprise logo. Chairman Dragsten closed public hearing. MOTION MADE BY COMMISSIONER SPARTZ TO RECOMMEND APPROVAL OF THE CUP, BASED ON FINDINGS THAT THE PROPOSED STORAGE AREA COMPLIES WITH THE REQUIREMENTS OF THE CUP FOR OUTDOOR STORAGE IN THE B -3 DISTRICT, THAT THE PUD PROVIDES ADEQUATE FLEXIBILITY TO ACCOMMODATE STORAGE OF VEHICLES IN THE PARKING LOT WITHOUT ADDITIONAL SCREENING, AND WILL ELIMINATE ISSUES WITH STREET TRAFFIC CONFLICTS AT THE CURRENT LOCATION. MOTION WAS SECONDED BY COMMISSIONER HILGART. MOTION CARRIED 5 -0. 6. Consideration of a request for extension of a Conditional Use Permit for Amendment to Planned Unit Development for a retail commercial development at Monticello Travel Center 2nd Addition. Applicant: Mielke Bros., LLC Community Development Director Angela Schumann presented the Mielke Bros. request for extending their CUP for amendment to the PUD for a retail commercial development for one year. She noted that this application was originally approved by the Planning Commission in 2007 and that staff would recommend approval of this request assigning all previously approved conditions. She summarized that this project is for the Landmark Center which is the one remaining vacant lot in the Monticello Travel Center 2nd addition adjacent to Hwy 25, Cedar, Oakwood and Chelsea. Commissioner Dragsten asked if there had been any luck in getting the site occupied. Schumann indicated that there have been inquiries but no formal requests. Commissioner Voight noted the increase in the number of requests for extensions of projects overall and wondered how the zoning code revision would treat these decisions to extend once it was in place. Schumann indicated that the new code would have a specific section about how previously approved conditions would be handled. He asked the Planning Commission to consider, perhaps at an upcoming Steering Committee meeting, how many extensions in general would Planning Commission Minutes — 7/6/10 be granted before it would be required that a project be resubmitted based on new conditions and/or requirements. Schumann suggested that may be something that the Commission would want to think about that with Planned Unit Developments. She noted that it would be important to consider the new code objectives especially with those proposals submitted for extension which are still at a concept stage. Commissioner Dragsten stated that an option may be that once the new zoning ordinance is completed that the Commission compare it to projects as they are presented for extensions. Schumann suggested that staff make a list of all of the extensions, the number of years extended, and the status of each in the development process. Council Liaison Wojchouski asked if there is a fee for extensions. Schumann indicated that there is not. MOTION BY COMMISSIONER VOIGHT TO RECOMMEND EXTENSION OF THE JUNE 11Tn, 2007 CONDITIONAL USE PERMIT FOR AMENDMENT TO PLANNED UNIT DEVELOPMENT FOR A RETAIL COMMERCIAL DEVELOPMENT AT MONTICELLO TRAVEL CENTER 2ND ADDITION WITH THE CONDITION THAT ALL PREVIOUSLY APPROVED CONDITIONS BE ASSIGNED TO THE EXTENSION. MOTION WAS SECONDED BY COMMISSIONER SPARTZ. MOTION CARRIED 5 -0. Monticello Zoning Ordinance Revision — Comment Review and Update Schumann summarized the work involved thus far in preparing the zoning code ordinance revision noting the participation of the steering committee, the IEDC Task Force, and input from staff, Council Member Tom Perrault, WSB and Campbell Knutson. She noted that the process of compiling and reviewing has proceeded more slowly than anticipated but that such an extensive process would result in a more thoughtful code. Schumann provided this information for Planning Commission review and input. She asked that the Steering Committee meet for number of lengthy sessions to determine which comments to incorporate into the code revision. She indicated that it wouldn't be an option to use the August Planning Commission meeting for this purpose as there are upcoming public hearings scheduled for that meeting. The Commission agreed to meet as a Steering Committee on Tuesday, July 27`f' and again on Tuesday, August 17t" at 5 p.m. to review comments and provide input. Schunatm also suggested increasing the public hearing schedule to three meetings rather than two in order to address the in -depth nature of the document. Chapters 1 -3 would be reviewed in the first hearing, Chapter 4 in the second hearing, and Chapters 5 -8 in the third hearing. She stressed that it would be worthwhile to have a thorough public discussion on these proposed revisions. She noted that she'd ensure with MFRA that there would be sufficient budget to accomplish this change and bring that information back to the Planning Commission. Schumann stated that staff would still host one public fonim in addition to the public hearings. Commissioner Gabler asked if there would be an opportunity to Planning Commission Minutes — 7/6/10 offer some working examples of how these zoning revisions would apply to citizens. Schumann agreed that it would be a good idea to provide that option at the public forum and perhaps use some of the illustrations during the public hearings. Commissioner Gabler had asked about changes to telecommunications policy, and in particular, provisions related to wind policy. Schumann suggested that it might worthwhile to bring in experts to talk about such regulations, trends, and current technology. She noted that the Economic Development Director was considering attending a Renewables conference. She stated that, in the last year, staff had received requests from citizens seeking to put up small turbines for residential use. Schumann suggested that it would be useful to have regulations in place to address such questions. The Commission agreed that they'd like to have a report on this topic. Council Liaison Wojehouski asked if WSB was also considering wetlands at the Bertram Chain of Lakes property when reviewing the ordinance. Schumann stated that WSB had recommended following the County's lead in drafting wetlands regulations but that staff had determined that the County did not have such a provision. The City's wetland ordinance would address all of the properties in the annexation area. The most recent draft combines shoreland and wild and scenic regulations because the state is looking at combining them. The City would likely need to adopt both a local ordinance and the State ordinance when that is completed. The number of overlay districts may stay the same in this case. Schumann stressed that it was very useful to have such local measures in place because issues do more frequently come up within the community. She told of the homeowner who had recently gotten a grant to do a restoration along the banks of river to remove invasive species. The City often uses exactly the same language as the State does when adopting ordinances. Some State standards apply no matter what. Some have greater flexibility. Grittman stated that the City can negotiate with DNR to adopt more flexible or restrictive local standards based on the State's modeled mandates. Council Liaison Wojehouski asked Building Official Ron Hackemnueller for an update on the Building Department. He stated that the department is focusing on commercial remodels and build -outs, and a number of decks and basement finishes. He mentioned that one developer in particular wanted to finish out four units to help get them sold. A few months ago there were 22 units finished and 20 sold - 12 in Sunset Ponds and the remainder in Spirit Hills. He indicated that it is really encouraging that units started are finally selling. Planning Commission Minutes — 7/6/10 Community Development Director's Report. Schinnann indicated that she had not prepared a written Director's Report. She noted that the Semper Development application request was approved at City Council and that staff is working on preparing the development agreement. She reminded the Commission that there would be two public hearing applications for next month including one new project and one amendment to a project. She mentioned that a film crew in was in town to do six one minute spots for community promotion on topics such as economic development to real estate and education. These spots would be primarily viewed through the City's web site, linked to Facebook and U -Tube and digitized for distribution. Commissioner Hilgart noted that he saw a sprinkler system watering during the storm and stated it seems that sometimes lawns are getting watered either during or just after a rain. Hackenmueller stated that the city does require automatic rain sensors that should shut system off if it is raining when scheduled to water. He noted that the sensors will not shut off though if it has recently rained. He said he'd talk to the Water Superintendent and the school to find out if they have sensors. Council Liaison Wojchouski asked if there is a watering ban in effect. Schumann noted that the odd -even ban is posted in the e -news and on the website scroller. Commissioner Hilgart requested an explanation as to where the Tax Increment Financing (TIF) funds come from. Schumann explained that TIF District 1 -22 is an older district within the core downtown and subject to pooling requirements under TIF law. She noted that there is a surplus of a million dollars generated from financing of businesses within that district. The EDA authorized a preliminary spending plan to fund the $400,000 City share of infrastructure improvements for the NE quadrant related to the Walgreens project through this surplus. The EDA authorized the use of these funds because the project would ease congestion in the downtown and provide long -term vitality for the area. If the money isn't spent by the time the district is decertified, the money has to be sent back to Wright County and the City would only receive 40% of that money back. Funds are available due to a specific change in the TIF law which allows use of surplus funds for infrastructure supporting private redevelopment when it creates jobs. The funds come from the increment generated by redevelopment in that district. The excess tax revenue is captured and held in that district until the district is decertified. 9. Consideration of added items. Commissioner Sparks had asked to talk about the June 8d' Special Meeting. He asked if there was any requirement that meetings be held in a certain room. Schumann indicated that, although there is no particular room requirement, meetings are usually held in the Mississippi Room so that the proceedings can be Planning Commission Minutes — 7/6/10 recorded. She noted however that the minutes are considered the official meeting record. She pointed out that meetings are held in other locations when a change in the schedule is required and no other rooms are available. He recommended that meetings in which citizens may like to be involved be held in the Mississippi Room to take advantage of the ability to use technology to reach out to citizens. Schumann confirmed that it is a priority to be able to provide that access whenever possible. Schumann suggested that she'd make a note that if meetings cannot be recorded that they perhaps be rescheduled. Commissioner Gabler asked if that would be something that could be put it in the bylaws. Schumann agreed to talk with the City Administrator and City Attorney to see if it need be in the bylaws. Commissioner Gabler also asked about a web chat. Schumann stated that City Attorney has advised against it because of the statutes governing public hearings. She noted that comments need to be made a public forum rather than by an anonymous comment. Grittman reiterated that a formal public hearing is essentially like a court hearing for facing people and legal issues directly. Commission Gabler asked staff to review the Planning Commission bylaws to determine if there is a provision for 5 or 7 members. In addition, she asked that the Commission consider a provision which would require members to maintain 75% meeting attendance within the year. Schumann noted that the new Deputy City Clerk has recommended that overall city code have an administrative update at some point to improve outdated and inconsistent provisions. Angela Schumann stated that staff could ensure that all commissions are considered as administrative points of review. She noted that the matter would be brought before the Planning Commission prior to review by the City Council. Schumann reported that the Planning Commission agendas are currently posted on the Public Access Channel 12 bulletin board. 10. Adjourn. MOTION BY COMMISSIONER SPARTZ TO ADJOURN. MOTION SECONDED BY COMMISSIONER VOIGHT. MOTION CARRIED 5 -0. The meeting was adjourned at 7:08 p.m. Recorder: Kerry T. Burrito Approved: August 3, 2010 Attest: — Angela Sc r na , C mmunity Development Director 7