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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. Planning Commission Minutes — 03/06/12 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. Planning Commission Minutes — 03/06/12 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 Planning Commission Minutes — 03/06/12 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. 0 Planning Commission Minutes — 03/06/12 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