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Planning Commission Minutes 02-01-2011Planning Commission Minutes — 02/01/11 MINUTES MONTICELLO PLANNING COMMISSION Tuesday, February 1, 2011 6:00 PM Mississippi Room, Monticello Community Center Commissioners: Rod Dragsten, Brad Fyle, Charlotte Gabler, Barry Voight, and William Spartz Council Liaison: Lloyd Hilgart Staff- Angela Schumann, Ron Hackemmueller, Steve Grittman -NAC Other: Sandy Suchy, Chamber Director 1. Call to order Commissioner Dragsten called the meeting to order at 6:00 p.m. 2. Consideration to approve Planning Commission minutes of January 4th, 2011 BARRY VOIGHT MOVED TO APPROVE THE MINUTES OF JANUARY 4TH, 2011. MOTION WAS SECONDED BILL SPARTZ. MOTION CARRIED 4 -0 -1, BRAD FYLE ABSTAINING. 3. Citizen Comments None. 4. Consideration of adding items to the agenda None. 5. Consideration of a report on the adoption of the comprehensive amendment to the Monticello Zoning Ordinance Angela Schumann presented a brief overview of the process of adoption of the revised Zoning Ordinance. She noted that the new fully hyperin ked ordinance is now posted on the city's website and demonstrated how to access and navigate within it. She pointed out that staff will continue to add functionality to the document as it becomes available. Staff has already begun tracking both minor code adjustments and upcoming amenchnents. Over the next three to six months, staff will be working on preparing report information on the following items for possible amendment: Adult Use Ordinance, Subdivision in R -1 and R -2 Areas for Lower Monticello and Original Plat, Sign Ordinance, Temporary Trash Receptacle Use, and DNR Overlay Amendments. Adult Use Ordinance: Staff will research state statutes and recent court case analysis to Planning Commission Minutes — 02/01/11 make sure the Adult Use Ordinance is up -to -date. Subdivision in R -1 and R -2 Areas for Lower Monticello: Staff will look at setbacks and consider an amendment related to previously platted lots within Subdivision in R -1 and R -2 Areas for Lower Monticello and Original Plat. Sign Ordinance: Staff met with the Chamber Government Affairs Committee to discuss sign ordinance recommendations from the business community. Items to consider for amendment include: additional days for temporary signage for multi - tenant spaces, allowing bonus temporary signage of up to 40 days within first six months of new business operation, allowing off - premise signage within the community, and sandwich board signage for businesses for a one year trial. Temporary Trash Receptacle Use: Staff will consider an allowance for the temporary placement of a dumpster for a specific period of time unrelated to construction. DNR Overlay Amendments: Staff is awaiting final DNR comment about revisions to the National Wild and Scenic and Flood Plain Management ordinances which were brought forward as is from the previous zoning code. Rod Dragsten asked the Planning Commission for a preliminary discussion related to the temporary sign ordinance issues. There were some initial questions raised and various scenarios considered. The Commissioners generally indicated that they would consider options which might help a new business succeed in Monticello. BARRY VOIGHT MOVED TO CALL FOR A PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE ZONING ORDINANCE. MOTION WAS SECONDED BY CHARLOTTE GABLER. MOTION CARRIED 5 -0. The Commission expressed an interest in determining the extent of the business community level of satisfaction with the multi- tenant temporary sign ordinance. Staff agreed to clarify the number of multi- tenant buildings in the City and will work with the Chamber to develop a short, email survey to obtain inforniation about community reaction to the temporary sign ordinance. Chamber Director Sandy Suchy noted that the current sign ordinance makes it difficult for inulfi- tenant buildings to provide sufficient marketing to the community. She agreed that a survey would provide some useful information for decisionmaking. She indicated that although there hadn't been significant interest in advertising on billboards that it may be a useful opportunity to consider. 6. Consideration of amendment options related to Chapter 5.3 of the Monticello Zoning Code relating to Adult Uses Planner Steve Grittman pointed out that changes in the City's population growth and the revisions to the zoning code require that zoning allowances and buffer distances be updated to ensure that the Adult Use ordinance continues to meet legal standards. He Planning Commission Minutes= 02/01/11 summarized the issue in a question and answer presentation. The City is required by law to allow adult- oriented uses as a form of expression with first amendment protection but it has the ability to regulate certain aspects of these uses within the community. The City can create restrictions by zoning district that limit the ability of the establishments, or the patrons of the establishments, to have an impact on defined sensitive populations such as residential areas, daycare, schools, libraries, and churches. These usually take the form of defining the uses, specifying which zoning district such uses can be located in, and then creating a buffer zone from sensitive land uses that the City wishes to protect from the secondary effects of the establishment. The ordinance must provide for reasonable opportunity to locate within the community. The balancing act is to provide some separation between uses, while continuing to provide a reasonable opportunity area. The City is responsible only to provide opportunity through zoning for an adult use establishment to locate. It is up to the real estate market to provide a location and the City to determine to whom to sell a parcel. Staff provided an outline of the City's zoning districts, and a summary of the eligible area under the current regulations. Xecl Energy property is not eligible for opportunity area due to Nuclear Regulatory Commission requirements and proximity to large areas of parkland. The remaining I -2 zoned land provides less than 3% opportunity area, and just over I% when the current 700 foot buffer is applied. The challenge will be to find some combination of buffer distance and increase in the area of properly zoned parcels to get closer to 5 %. Although a 5% area of opportunity within a community is not required, it is generally considered a "reasonable" amount of area. Staff presented several options to address this issue focusing on areas zoned industrial as these are most likely to be separated from sensitive areas. Staff recommended eliminating land area that fronted the freeway so that the use would be less visible. The various scenarios outlined included making more land eligible with a smaller buffer or less land eligible with a larger buffer or, as an alternative, the creation of a subdistrict. The Commission had many questions and much discussion about the area of opportunity, buffer zone, and the definition of reasonable. They shared their initial opinions of these issues. Staff pointed out that the League of MN Cities would support staying within the boundaries of what other localities have determined to be appropriate. The current Adult Use ordinance puts the City at risk to a challenge. In response to the need for further information, staff suggested that the Commission take time to review some model ordinances from other localities. WILLIAM SPARTZ MOVED TO RECOMMEND THAT CITY COUNCIL APPROVE A MORATORIUM ON ADULT USES WHILE THE PLANNING COMMISSION STUDIES THE PARAMETERS OF THE ORDINANCE. MOTION WAS SECONDED BY ROD DRAGSTEN. MOTION CARRIED 5- 0. Planning Commission Minutes — 02/01/11 Steve Grittman encouraged all to respond to the Parks & Trails survey on the City's website. Rod Dragsten asked about new construction in the City. Angela Schumann pointed out that, in additional to the recent Housing Report, she will make available a rental distribution map including trends and demographics. She also emailed the Commissioners a link to the MN Association of Realtors to provide additional backgromid information. She agreed to find out the level of new construction permit activity for neighboring communities. Adjourn WILLIAM SPARTZ MOVED TO ADJOURN THE MEETING AT 7:36 PM. MOTION WAS SECONDED BY BRAD FYLE. MOTION CARRIED 5 -0. Recorder: Kerry T. Burri Approved: March 1, 20111 Attest: Angela Sclygmaim� Community Development Director