Planning Commission Minutes 03-06-2012MINUTES
MONTICELLO PLANNING COMMISSION
Tuesday, March 6, 2012 - 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 Hackenmueller, Steve Grittman-NAC
1. Call to order
Commissioner Dragsten called the meeting to order at 6:00 p.m.
2. Consideration to approve Planning Commission minutes of February 21st. 2012
BRAD FYLE MOVED TO APPROVE THE MINUTES OF FEBRUARY 21, 2012 AS
AMENDED. MOTION WAS SECONDED WILLIAM SPARTZ. MOTION CARRIED
5 -0.
3. Citizen Comments None
Consideration of adding items to the agenda None
5. Continued Public Hearing — Consideration to amend Monticello Zoning Ordinance,
Chapter 27, Regulating the Management of the Mississippi Wild, Scenic, and
Recreational River System and the Shoreland Areas of the City of Monticello and
Monticello Zoning Ordinance Chapter 3, Section 7 for the adoption of Overlay
Ordinances regulating the Mississippi Wild, Scenic & Recreational River District
and the Shoreland District
As part of the 2011 Zoning Ordinance amendment process, the City began the revision of
existing Mississippi Wild, Scenic & Recreational regulations and the drafting of new
Shoreland ordinances. State regulations require that the Department of Natural Resources
(DNR) review and certify the Shoreland and Wild & Scenic provisions of the Zoning
Ordinance.
The Planning Commission recently reviewed the Mississippi Wild, Scenic and
Recreational River District ordinance. The current ordinance for the MWSRR, Chapter
27 of the Zoning Ordinance, is a combination of regulations pertaining to both the Wild
& Scenic provisions and Shoreland areas. The proposed ordinances now separate the two
areas as required by statute and DNR recommendations.
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State statutes require that local governmental units adopt their own land use controls to
provide for the orderly development and protection of Minnesota's rivers and lakes.
Monticello's portion of the Mississippi River has been defined by the State as
"Recreational ". The City is required to adopt local regulations consistent with standards
for "Recreational" river areas. The Mississippi River is essentially governed by the
MWSRR ordinances, while any "public waters" as classified by the DNR will be
governed primarily by the Shoreland ordinances.
The proposed Shoreland ordinance includes the following:
• Procedure for permitting and review in Shoreland areas
o Planned Unit Developments are subject to the review and comment of the
DNR
• Shoreland classifications, both lake and river /streams
o Classifications are completed by the DNR
• Allowable uses via City's use table (Chapter 5), in accordance with MN Rules
o It should be noted that commercial and industrial uses are allowed as
either conditional or permitted uses in "General Use" districts. Staff is
seeking confirmation from the DNR on whether the City's specific zoning
district classifications should be enumerated within the code (B, I and
CCD districts, for example). Staff is also seeking clarification on
minimum lot standards for such uses.
Minimum standards for lots, including area and setbacks
• Commission will note that the lot area is generally consistent with the
ranges provided for the R -A and R -1 districts, with larger area
requirements and setback requirements for sewered lakeshore properties
within the shoreland district and larger lot area and width requirements for
unsewered non - lakeshore properties.
• Both sewered and unsewered provisions are included, as there may be
cases in which recently annexed properties with private systems require
development require under these regulations.
Regulations for shoreland alterations, including grading
Standards for public infrastructure
o The standards provide flexibility for the City to site such facilities with
appropriate attention to mitigation measures and prevention of erosion.
Stormwater management
o Currently, the ordinance sets a maximum impervious surface requirement
of 25 %. Staff has questioned this baseline for possible increase.
Barry Voight asked that the City include definitions for "Wild and Scenic" and
"Recreational" as well as definitions for river classes in the ordinance. Staff agreed to add
these to the ordinance within Chapter 8.
William Spartz asked what type of waterways would be considered storm water. Staff
noted that there are separate design specifications for City storm water retention ponds.
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The City protects storm water through establishing conservation easements over drainage
and utility easements. Staff will also make available a conservation easement sample for
review.
Staff agreed to check with the DNR about how public water is identified as well as to ask
about the process for classification of public waters. Staff indicated that it would also be
useful to find out how often the DNR reclassifies public waters and how that
determination is made.
Rod Dragsten asked about regulations for future development along the river. Staff
pointed out that such development would have to comply with Wild and Scenic
regulations and noted that lakeshore lots and river lots have different compliance
provisions. New river lots are required to be two acres. Staff will check with the DNR to
determine if state rule trumps the municipal zoning ordinance as it relates to the
rebuilding of a damaged structure.
Rod Dragsten also asked if the City has any authority to determine these types of
regulations or if local government is always trumped by DNR rules. The City is required
to follow the state rules base standards but can seek flexibility through a variance and
review process. The City retains rights for municipal review for conditional use /permitted
use variance. The DNR no longer has the ability to formally comment on a variance.
The Planning Commission determined that it would be useful to conduct a final review of
the ordinance after further clarifications have been made. A clean version of the
ordinance is to be made available at the next meeting.
The public hearing was opened. Hearing no comment, the public hearing was closed
WILLIAM SPARTZ MOVED TO TABLE ACTION ON THE AMENDMENT UNTIL
APRIL 3, 2012 TO ALLOW FOR ADDITIONAL REVIEW AND CLARIFICATION.
MOTION WAS SECONDED BY BARRY VOIGHT. MOTION CARRIED 5 -0.
6. Public Hearing— Consideration of a request for Rezoning from I -2 (Heavy
Industrial) to B -2 (Limited Business) for 100 Chelsea Road. Applicant: Ouarry
Community Church (Planning Case #: 2012 -002)
Quarry Church requested that the property located at 100 Chelsea Road be rezoned from
I -2, Heavy Industrial to B -2, Limited Business. The applicants proposed to occupy the
property with church administrative offices in the near term, eventually moving their
worship and other activities to property over time. Both offices and "Places of Public
Assembly" such as church worship centers are permitted uses in the B -2 District.
Requirements for Zoning Amendments
Chapter 2.4 B (5) Approval Criteria
Recommendations and decisions on zoning amendments shall be based on consideration
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of the following criteria:
(a) Whether the proposed amendment corrects an error in the original text or map; or
(b) Whether the proposed amendment addresses needs arising from a changing condition,
trend, or fact affecting the subject property and surrounding area.
(c) Whether the proposed amendment is consistent with achieving the goals and
objectives outlined in the Comprehensive Plan.
This application addresses approval criteria b and c required for zoning amendment.
The proposed rezoning to commercial ("Places to Shop ") is consistent with the guiding
principles of the Comprehensive Plan. The amendment would accommodate the proposed
future use of the property. The proposed B -2 zoning district requirements can be met on
the property by the uses in that district and the amendment would result in a zoning
pattern that reflects the intent and direction of the Comprehensive Plan.
Staff reported that the Industrial and Economic Development Committee (IEDC)
recommended that the Planning Commission deny the rezoning request in a 6 -0 vote with
four abstentions. That recommendation was based upon the concern about the loss of
industrial land and the potential for future conflict between heavier industrial users and a
commercial user in that location. Staff noted that the all base zoning requirements related
to issues such as noise, dust, buffer standards and parking would still apply.
Charlotte Gabler asked if rezoning would affect the adult use percentage requirement.
Staff indicated that the parcel is outside of that boundary line. She also asked if there
were other properties available to designate as industrial should this parcel be rezoned.
Staff stated that the city has available vacant parcels already zoned industrial.
The public hearing was opened.
Staff noted that questions should focus on whether or not the property is correctly zoned.
Applicant Michael Gross, pastor of Quarry Church, responded to questions from the
Planning Commission.
Rod Dragsten confirmed with the applicant that Quarry Church didn't have any concerns
with the proposed location. Staff clarified that the property owner would be responsible
for providing landscaping requirements including a high level buffer for the parcel during
site plan review for the eventual build out of the church. The applicant noted that master
plan for the property was being developed but a timeline for the project had not yet been
identified. Quarry Church would like to build a building on the property within the next
five years.
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Wayne Elam, representing Quarry Church, the buyer, responded to questions. He
reminded the Planning Commission that the applicant had previously requested rezoning
of the old bowling alley property but financial issues had caused the applicant to look for
another site. He pointed out that the other three properties at the intersection of Chelsea
and Edmundson are zoned commercial as also guided by the Comprehensive Plan.
Brad Fyle said that he would not like to see a reduction in industrial zoning.
Rod Dragsten noted that the Comprehensive Plan does include a large area of vacant land
in the western part of the City designated for future industrial use.
Hearing no further comment, the public hearing was closed.
BARRY VOIGHT MOVED TO APPROVE RESOLUTION 2012 -23
RECOMMENDING THAT THE CITY COUNCIL APPROVE A ZONING
ORDINANCE AMENDMENT REZONING THE SUBJECT PROPERTY FROM I -2,
HEAVY INDUSTRIAL, TO B -2, LIMITED BUSINESS, BASED ON FINDINGS OF
FACT IN SAID RESOLUTION. MOTION WAS SECONDED BY CHARLOTTE
GABLER. MOTION CARRIED 3 -2 WITH BRAD FYLE AND WILLIAM
SPARTZ VOTING IN OPPOSITION.
7. Community Development Director's Report
The overall number of foreclosures in the county is declining. The vacant lots in Carlisle
Village, Sunset Ponds and Hunters Crossing account for many of the foreclosures.
Several developers have recently contacted the City interested in townhome
development. Rod Dragsten noted that there seems to be a demand for townhomes in
other communities as well.
8. Adiourn
WILLIAM SPARTZ MOVED TO ADJOURN THE MEETING AT 6:57 PM. MOTION
WAS SECONDED BY BRAD FYLE. MOTION CARRIED 5 -0.
Recorder: Kerry T. Bum
Approved: April 3, 2012
Attest:
Ange a Sch C mmunity Development Director