Planning Commission Minutes 04-05-2011Planning Commission Minutes — 04/05/11
MINUTES
MONTICELLO PLANNING COMMISSION
Tuesday, April 5, 2011
Commissioners Present: Rod Dragsten, Bill Spartz, Barry Voight, Charlotte Gabler,
Brad Fyle
Council Liaison Absent: Lloyd Hilgart
Staff. Angela Schumann, Ron Hackenmueller, Steve Grittman -NAC,
Andrea McDowell - Poehler
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 March 1st. 2011
BRAD FYLE MOVED TO APPROVE THE MINUTES OF MARCH 1 ST, 2011.
MOTION WAS SECONDED BY BARRY VOIGHT. MOTION CARRIED 5 -0.
3. Citizen Comments
None
4. Consideration of adding items to the agenda
a) Wild and Scenic DNR ruling
5. Public Hearing - Consideration of an amendment to the Monticello Zonin
Ordinance relating to adult- oriented land uses, including amendments to Chapter
3.6 (Industrial Base Zoning Districts) 3.6 (D) I -1, Light Industrial District, 3.6 (E)
I -2 Heavy Industrial District; and including amendments to Chapter 3.7, Overlay
Zoning Districts; and including amendments to Chapter 5.1, Table 5 -1; and
amendments to Chapter 5 6 Table 5 -6• and including amendments to Chapter 5.6
(F) Regulations for Commercial Uses; and amendments to the official zoning map
of the City of Monticello. Applicant: City of Monticello
The City's existing regulations limit adult- oriented uses to the I -2 District, and maintain
a 700 foot buffer from sensitive uses. This limitation has left the City with an
"opportunity area" in the range of just one percent of usable land area, and just a few
eligible parcels— a range that raises significant concerns over the legality of the
regulations. In the City Attorney's analysis, it is noted that the 5% informal threshold has
virtually always served as adequate evidence of "reasonable opportunity" in providing
for adult- oriented uses.
Planning Commission Minutes - 04/05/11
The Planning Commission directed staff to examine opportunities to maximize the
separation distance from adult- oriented uses while also providing a defensible
regulation. Steve Grittman presented two options to address this request: recalculate the
zoning and buffer zone distance to increase percentage above 5% of City area or reset
zoning allowances to increase the number of available parcels making the percentage
less relevant.
The "Percentage Threshold" option would add I -1, Light Industrial District to the
permitted use land area, decrease the buffer zone to 275 feet from sensitive uses, create a
new base district (I -3) to avoid freeway exposure, and rezone freeway frontage parcels to
I -3. This option would yield about 236 acres and provide about 5.1% of the City's net
usable land area for adult- oriented uses to locate. It is the most legally defensible option
and the preferred approach of the City Attorney's office. Staff was concerned that the
creation of a new base zoning district, changes to the current base district, and rezoning
of several parcels would be confusing to the property owners, and cumbersome to
administer.
The "Number of Parcels" or "Overlay District" option would add I -I, Light Industrial
District to the permitted use land area, identify parcels that protect sensitive land uses,
identify parcels that avoid freeway frontage, create an overlay district to include eligible
parcels, and apply an overlay district to the subject parcels. This option provides for 43
individual parcels or approximately 3.5% of the City's land area. Staff prefers the
"overlay district' ' approach because it avoids reconfiguring and rezoning base districts
for existing industrial properties, maintains a reasonable amount of opportunity for adult -
oriented uses, avoids freeway exposure, maintains a better separation overall from nearly
all existing sensitive use locations, and can be more easily manipulated in the future to
maintain reasonable opportunity and adjust for changing land use patterns.
Chairman Rod Dragsten opened the public hearing.
The Commissioners asked for clarification related to both options. Bill Spartz wondered
if anything could be done to protect the proximity en route to an elementary school near
Fallon. Rod Dragsten voiced a concern about vacancies within an office building. There
were a number of questions from the Commission as well as some discussion by the
Commission about making certain parcels ineligible and the option of increasing the
available area as the City grows.
Hearing no further public comment, the public hearing was closed.
BRAD FYLE MOVED TO RECOMMEND APPROVAL OF ALTERNATIVE 2,
"NUMBER OF PARCELS" AND THE APPLICATION OF A "SPECIAL USE"
OVERLAY ZONING DISTRICT AS RECOMMENDED BY CITY STAFF AS AN
AMENDMENT TO THE ZONING ORDINANCE REVISING THE CITY'S ADULT -
ORIENTED ZONING RESTRICTIONS. MOTION WAS SECONDED BY BARRY
VOIGHT. MOTION CARRIED 3 -2 WITH BILL SPARTZ AND ROD DRAGSTEN
Planning Commission Minutes — 04/05/11
OPPOSED.
Rod Dragsten also recommended the elimination of one parcel from consideration
involving an office building.
6. Consideration to call for a Public Hearine for the amendment of the Monticello
Zoning Ordinance: Chapter 2.4(B) for the initiation of Zoning Ordinance Text
and May Amendments, Chapter 5.3(D) as related to the standards for Accessory
Structures in the M -H District, and Chapter 5.4 as related to the General and
Specific Standards for Temporary Use
Staff requested that the Planning Commission call for a public hearing on May 3rd,
2011 for the purpose of consideration of additional code tracking amendments. The
amendments clarify existing components of the code, or are components of the
previous code that need to be incorporated into the new code. These
amendments are:
• Amendment to the Monticello Zoning Ordinance, Chapter 2.4(B)(2) for the initiation
of Zoning Ordinance Text and Map Amendments
This amendment would allow the Community Development Department to initiate
public hearing action consistent with the previous zoning ordinance.
• Amendment to the Monticello Zoning Ordinance, Chapter 5.3(D) as related to the
standards for Accessory Structures in the M -H District
This amendment would replace references to former R -4 district with "M -H" in all
locations.
• Amendment to the Monticello Zoning Ordinance, Chapter 5.4 as related to the
General and Specific Standards for Temporary Uses
1. This amendment would make placement of a construction dumpster outside of a
building permit an acceptable temporary use.
2. This amendment would define seasonal sales for fireworks or lawn displays as an
acceptable temporary use with an administrative permit.
Rod Dragsten noted that hoop type structures, generally utilized for seasonal
greenhouses, are subject to a 30 -day limitation in the current code. Staff suggested that it
may be useful to consider making a language change to the code or an exemption for
wayside stands or farmer's markets.
BILL SPARTZ MOVED TO CALL FOR A PUBLIC HEARING ON MAY 3, 2011
FOR CONSIDERATION OF AMENDMENT OF THE MONTICELLO ZONING
ORDINANCE, CHAPTER 2.4, CHAPTER 5.3(d) AND CHAPTER 5.4. MOTION
Planning Commission Minutes — 04/05/11
WAS SECONDED BY CHARLOTTE GABLER. MOTION CARRIED 5 -0.
7. Consideration to appoint a Planning Commissioner to the Transportation Advisory
Committee
On March 14th, 2011, the City Council established a Transportation Advisory Committee
(TAC) to advise the Council and the Planning Commission on matters pertaining to the
planning, operation and improvement of our local transportation system consistent with
the City's Comprehensive Plan, and for promoting a balanced, efficient and safe
transportation system for local residents, businesses and industry.
The TAC was approved with structure that provides a cross - section of stakeholders:
two City Council representatives, one Planning Commission representative, two IEDC
representatives, one EDA representative, and one resident at -large representative.
Chairman Rod Dragsten had previously served as Planning Commission liaison to the
BR &E Transportation Task Force.
CHARLOTTE GABLER MOVED TO APPOINT ROD DRAGSTEN AS PLANNING
COMMITTEE (TAC). MOTION WAS SECONDED BY BILL SPARTZ. MOTION
CARRIED 5 -0.
8. Consideration to review progress on the Monticello Parks & Trails Plan
Staff provided a brief summary of the progress and participants involved in the review of
the Park and Trail Plan. The Parks Commission and MCC Advisory Council are kept
apprised of meetings, opportunities for input and action steps. Staff have met with school
district representatives and local athletic associations to obtain further input on the plan.
NAC will be working to coordinate downtown trail and park planning efforts as well as to
incorporate the concept sketch for the Bertram Chain of Lakes recreation area into the
draft plan. A community meeting regarding the draft plan will be scheduled for May.
Steve Grittman reported that survey results have been tabulated and will be provided to
the Planning Commission. The top parks noted in terms of usage were Bertram, MCC and
Ellison with East and West Bridge parks. The vast majority of respondents use the trail
system. The most noted requests were the extension of the trail system and water use
opportunities including improving access to and use of the river.
The City has authorized WSB to begin working on the GIS base park and trail layers, and
the development of a new online mapping interface to integrate, park, trail,
activity, history and point of interest information available to the public. Staff
demonstrated how the online component would function and be ready to use by June. The
website will be accessible by mobile phone as well.
Planning Commission Minutes — 04/05/11
9. 2011 Planning Commission Goals & Objectives
As part of continued efforts to accomplish the vision set out by the 2008 Comprehensive
Plan, the Planning Commission was asked to consider adoption of a set of Goals &
Objectives for 2011. Staff prepared a preliminary outline for Commission's consideration
and offered the option of discussing these in a work session to ensure that all issues
included are understood andgrioritized. The Commission agreed to conduct a work
session on Tuesday, May 17 at 6 p.m.
10. Community Development Director's Report
There were a few questions related to the Citizen Service Desk. Staff noted that these
requests are routed to appropriate personnel and that all inquiries are responded to within
the goal of two working days. There were close to 400 inquiries in 2010. Building Official
Ron Hackenmueller responded to questions about the varied nature of the 65
blight/nuisance requests cited. He agreed to obtain a breakdown as to the percentage of
these which may be foreclosure related.
There have been three temporary sign permit applications since the interim ordinance
was put in place in March.
11. Consideration of items added to the agenda
a) Wild & Scenic DNR Regulations
Staff reported that the City has separated and resubmitted the Shoreland and the Wild
& Scenic ordinances as directed by the regional DNR representative. The City has
incorporated initial DNR comments into the ordinances and is awaiting final comment
prior to preparing amendment language for the Planning Commission. Staff does not
expect a response from the DNR until June. Upon approval of these amendments, City
Emergency Management staff will meet with the DNR to consider flood plain
regulations.
12. Adiourn
BILL SPARTZ MOVED TO ADJOURN THE MEETING AT 7:53 PM. MOTION WAS
SECONDED BY BARRY VOIGHT. MOTION CARRIED 5 -0.
Recorder: Kerry T. Burri
Approved: May 3, 2011
Attest:
Angela S2huff, Community Development Director