Planning Commission Minutes 03-01-2011Planning Commission Minutes — 03/01/11
MINUTES
MONTICELLO PLANNING COMMISSION
Tuesday, March 1, 2011
6:00 PM
Mississippi Room, Monticello Community Center
Commissioners: Rod Dragsten, Bill Spartz, Barry Voight, Charlotte Gabler, Brad Fyle
Council Liaison: Lloyd Hilgart
Staff: Angela Schumann, Ron Hackentnueller, Steve Grittman -NAC
Other: Sandy Suchy, Chamber Director
1. Call to order
Chairman Rod Dragsten called the meeting to order at 6:00 p.m.
2. Consideration to approve Planning Commission minutes of February 1st, 2011
BRAD FYLE MOVED TO APPROVE THE MINUTES OF FEBRUARY 1 ST, 2011 AS
AMENDED. MOTION WAS SECONDED BARRY VOIGHT. MOTION CARRIED 5-
0.
3. Citizen Comments
None
4. Consideration of adding items to the agenda
None
S. Public Hearing - Consideration of a request to amend Title 10 of the Monticello City
Code, Monticello Zoning Ordinance, Chapter 4.5, Signs
Community Development Director Angela Schumann presented an overview report on a
Sign Ordinance amendment in two parts. Decision 1 addressed minor amendment
language as part of the six -month code tracking period. Decision 2 addressed an interim
ordinance proposal for temporary signage.
Decision 1: Sign Ordinance Amendments
The Planning Commission had specifically discussed code tracking as related to a
number of potential amendments to Section 4.5, Signs diving their February meeting.
The following three minor amendments are straightforward adjustments:
• 4.5(C) (2): Distinguishes that signs 2 square feet or less shall be permanent signs.
• 4.5(D) (10): Additional regulation clarifying that Abandoned Signs (see definition of
Planning Commission Minutes — 03/01/11
"abandoned sign" in section 8.4) are prohibited by ordinance.
4.5(I) (3) New Business Temporary Signage Allowance:
o Amendment allows bonus temporary signage of up to 40 days which can be
utilized anytime within first 6 months of operation.
o Amendment further clarifies that this provision is available even when a property
has given up signage via the bonus square footage through message board
provisions.
Chainnan Dragsten opened the public hearing. Hearing no public comments, the public
hearing was closed. Staff responded to a few questions from the Planning Commission.
BARRY VOIGHT MOVED TO RECOMMEND APPROVAL OF ORDINANCE
AMENDMENT #524, AN ORDINANCE OF THE MONTICELLO CITY CODE,
MONTICELLO ZONING ORDINANCE, CHAPTER 4.5, SIGNS, INCLUDING
CHANGES TO 4.5(C)(2), 4.5(D)(10), AND 4.5(I)(3). MOTION WAS SECONDED BY
CHARLOTTE GABLER. MOTION CARRIED 5 -0.
Decision 2: Temporary Signage Interim Ordinance
Framing the selected alternative as an interim ordinance would allow the Planning
Commission, and City as a whole, to analyze the temporary sign issue over a finite period
and determine the impacts (both positive and negative) of the interim regulation. At the
end of the interim ordinance period, the Commission would then be able to recommend
final temporary sign ordinance amendments.
The Planning Commission had directed staff to do additional research to assist in the
development of a possible amendment for temporary signage for multiple tenant
buildings and /or temporary relaxation of temporary sign regulations as a whole. Staff
provided information related to a survey of the business community, a survey of
surrounding community regulations and a focus group to provide a baseline of
information for the Commission. Responses indicated that while 40 days is generally
acceptable for most businesses, multi -tenant buildings are not treated equally. Staff found
that most communities allow for more overall days of temporary signage. Two
communities allow for signage days to be allotted per business. One community regulates
the distance between signs. The focus group felt strongly that the best analysis of
temporary signage impact would be to have the least amount of regulation possible.
Staff recommended specifically against any provision allowing for off - premise signage,
temporary or permanent, in that the content of such signage cannot be regulated.
As a result of the research, staff developed three interim temporary sign ordinance
alternatives for the Commission to consider. Each of these options outlined the total
number of days per year signs would be allowed, signs allowed by business, the number
of signs per location, permit requirements, whether off - premise temporary signs would be
allowed and whether a special nntlti- tenant allowance would be made. Option I was the
least regulated and Option 3 was the most regulated. A number of standards would also
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Planning Commission Minutes — 03/01/11
be incorporated into each option of the interim ordinance. (These are included in the
motion.) Staff also invited the Commission to develop its own preferred alternative from
the three options presented.
The Commission considered the various options at length. There were many questions
and clarifications about the specific criteria cited. There was some discussion about the
value of establishing an interim ordinance and the reliability of data to be collected.
Building Official Ron Hackenmueller stressed the importance of maintaining the permit
fee in order to assist with the administrative costs of monitoring this initiative. It was
suggested that multi- tenant businesses be noted as such on the permit form for tracking
purposes. Chamber Director Sandy Suchy agreed to educate businesses about and
promote the interim sign ordinance.
The Commission seemed to agree that approving an interim ordinance would provide an
opportunity for the business community to determine their actual signage needs and
allow the City to clarify how more flexible signage regulations would affect the
community.
BILL SPARTZ MOVED TO RECOMMEND APPROVAL OF AN INTERIM
ORDINANCE WITH UNLIMITED DAYS PER YEAR, ONE SIGN ALLOWED BY
BUSINESS, ONE SIGN EVERY 75 FEET PER FRONTAGE, PERMIT REQUIRED,
FEE AS DETERMINED BY COUNCIL, OFF - PREMISE TEMPORARY SIGNS NOT
ALLOWED, WITH NO SPECIAL MULTI - TENANT ALLOWANCE. IN
ADDITION:
• THE INTERIM ORDINANCE TERMINATES DECEMBER 31, 2011
• MAXIMUM SIGN AREA: 40 SQUARE FEET
• INTERIM ORDINANCE APPLIES ONLY TO TEMPORARY SIGNS
(PORTABLE) AND DOES NOT INCLUDE PLACARD SIGNS
(MOVABLE STAKED SIGNS OF 6 SQUARE FEET OR LESS) OR
PERMANENT SIGNAGE
• SIGNS MUST BE CONSTRUCTED OF MATERIALS CONSISTENT
WITH TEMPORARY SIGNS (PORTABLE) AND MAY NOT BE
CONSTRUCTED OF PLYWOOD, CHIPBOARD, UNFINISHED
MATERIALS, OR OTHER SIMILAR MATERIALS
• NO TEMPORARY SIGNAGE WOULD BE ALLOWED ON VACANT
PARCELS
• SIGNAGE DAYS USED WOULD BE REQUIRED TO BE TRACKED
BY PERMITEE IN ORDER TO ASSIST THE CITY IN DETERMINING
ACTUAL NUMBER OF DAYS USED UNDER THE INTERIM
ORDINANCE
• SIGNS MUST BE LOCATED ON PRIVATE PROPERTY BY
PERMISSION OF THE OWNER AND MAY NOT BE LOCATED ON
ANY PUBLIC EASEMENT OR RIGHT -OF -WAY
• MN/DOT AND STATE STATUTES REGARDING OFF - PREMISE
SIGNAGE REQUIREMENTS APPLY
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MOTION WAS SECONDED BY BARRY VOIGHT. MOTION CARRIED 4 -1.
BRAD FYLE WAS OPPOSED DUE TO THE NUMBER OF DAYS.
Commissioner Fyle stated that his preference would be to set a specific numbers of days,
as that would most likely be the circumstance for the resulting final amendment. Staff
agreed to prepare an interim ordinance to be presented to City Council for consideration
on March 14, 2011.
6. Consideration of amendment options related to Chapter 5.3 of the Monticello Zoning
Code relating to Adult Uses
NAC Consultant Steve Grittman reported that, upon the Planning Commission's request
for additional information, the City Council had enacted a moratorium on Adult Use
establishments until a more complete study could be made of the issues.
The focus of the study was to re- analyze the City's "opportunity area" for adult use due
to the significant increases in land area, population, and commercial /industrial zoning, as
well as changes to the land use planning and zoning that have taken place since the
adoption of the original ordinance.
Staff had been asked to examine what changes to the eligible zoning districts and buffer
zones would be necessary to re- establish an opportunity area that approximates the
"reasonable opportunity" as required by the Court decisions. Based on the City
Attorney's analysis, an ordinance that makes available more than 5% of its total land area
for the potential for adult uses is likely to be upheld, whereas an ordinance that makes
available less than 1% of its land area is at extreme risk of being challenged. Standards
for review used by courts include the number of parcels available, the geographic size
and population of the community and the percentage of commercial /industrial area in the
community. Any land counted within the opportunity area must be available or adaptable
to this use. The industrial land occupied by the Xcel Energy power plant is not available
for consideration.
Staff contacted a number of nearby cities to find what standards for adult use regulations
are being used in those communities. Many of the surrounding localities reported that
they no longer knew how much opportunity area they have as it had not been monitored
over the years.
There were numerous questions and considerable discussion about protecting the City
from legal challenge.
Staff agreed to look into data related to where adult use establishments had tried to locate
with and without a permit within other communities. Staff will prepare ordinance
amendment scenarios which consider using both industrial and commercial land and
varying amounts of buffered areas.
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BRAD FYLE MOVED TO CALL FOR A PUBLIC HEARING TO CONSIDER
AN AMENDMENT TO TITLE 10, FOR MONTICELLO ZONING
ORDINANCE, CHAPTER 5 AS RELATED TO ADULT - ORIENTED LAND
USES. MOTION WAS SECONDED BY BILL SPARTZ. MOTION CARRIED
5 -0.
2010 Housine Report Presentation
Staff provided a graphic representation of the 2010 Monticello Housing Report
previously submitted to the Planning Commission. The presentation provided a snapshot
of data related to local housing stock, land and lot inventory, land use and zoning and
projections for Monticello's housing future. More detailed 2010 Census data should be
made available by fall.
The City's housing market has begun to stabilize. The number of foreclosures, which are
scattered throughout Monticello, decreased significantly this past year. The occupancy
rate for multi- tenant buildings remained strong. Rental property is safer as a result of the
rental licensing program. The local median home value remained above the U.S. median
home value. The number of land inquiries increased over the past three months. The
Department of Building Safety has been getting calls about how much lots are worth and
how much a permit would cost. There seems to be some first -time home buyer interest in
less expensive lots and smaller houses.
Staff noted that, now that the Zoning Ordinance has been updated to be consistent with
the Comprehensive Plan, Monticello is poised for growth. The City will work toward
providing move -up residential as well as workforce housing.
8. Director's Report
City Council adopted a resolution codifying the adoption of the Transportation Plan and
formally incorporated the plan into the Comprehensive Plan. A graphic depiction of
Monticello tax rate information will be provided to the Commission by email.
An Embracing Downtown Steering Committee meeting will be held on March 15th at
4pm in the Bridge Room. A stakeholder meeting is scheduled for March 29th at 4 pm.
9. Adiourn
BILL SPARTZ MOVED TO ADJOURN THE MEETING AT 8:23 PM. MOTION
WAS SECONDED BY BARRY VOIGHT. MOTION CARRIED 5 -0.
Recorder: Kerry T. B
Approved: April 5, 20
Attest: ',
Apgela� S t an 2, ommunity Development Director