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Planning Commission Minutes 03-04-2014MINUTES MONTICELLO PLANNING COMMISSION Tuesday, March 4, 2014 - 6:00 PM - Mississippi Room, Monticello Community Center Present: Brad Fyle, Sam Burvee, Alan Heidemann, Grant Sala Absent: Charlotte Gabler Staff: Angela Schumann, Ron Hackenmueller, Steve Grittman Others: Eric Miller, Jeff Gardner, Wayne Elam, Rosie Peters, Marty Kjellberg, Tara Thurber, John Thurber, Troy Vrieze, Steve Johnson, Don Tomann, Mary Barger, Edward Solberg 1. Call to Order Brad Fyle called the meeting to order at 6:00 p.m. 2. Citizen Comments None 3. Consideration of adding items to the agenda G Code clarification (Angela Schumann) 4. Accept Planning Commission minutes a. Regular Meeting — January 7h, 2014 GRANT SALA MOVED TO ACCEPT THE JANUARY 7TH, 2014 PLANNING COMMISSON MINUTES AS PRESENTED. SAM BURVEE SECONDED THE MOTION. MOTION CARRIED 3 -0. (Alan Heidemann did not vote.) b. Special Meeting — February 4h, 2014 BRAD FYLE MOVED TO ACCEPT THE FEBRUARY 4TH, 2014 SPECIAL PLANNING COMMISSON MINUTES. GRANT SALA SECONDED THE MOTION. MOTION CARRIED 3 -0. (Alan Heidemann did not vote.) c. Special Meeting (Rescheduled Regular Meeting) — February 11th, 2014 SAM BURVEE MOVED TO ACCEPT THE FEBRUARY 11TH, 2014 SPECIAL PLANNING COMMISSON MINUTES AS PRESENTED. GRANT SALA SECONDED THE MOTION. MOTION CARRIED 4 -0. 5. Public Hearing — Consideration of a request for Concept and Development Stage Planned Unit Development and Rezoning to Planned Unit Development for a K -12 Educational Institution in an R -3 (Medium Density Residence) District and CCD Planning Commission Minutes: 3/04/14 (Central Community District) Applicant: Miller, Eric, Planning Case Number: 2014 -012 Steve Grittman summarized that the City Council had, on January 27'x', adopted a Public Values Statement for Collaborative Stage Planned Unit Development (PUD) for a K -12 Educational Use in the CCD (Central Community District) and R -3 (Medium Density Residence) District in response to a request to expand the campus of the Swan River Charter School. This step established ground rules for the creation of a new PUD District and parameters for considering development proposals. Grittman explained that the purpose of the current public hearing is to consider rezoning the parcels at 500 Maple Street (Lots 8, 9, 10, Block 11, Original Plat) and 503 Maple Street (Lots 6 and 7, Block 10, Original Plat) to PUD and review the Concept and Development Stage plans for the proposed expansion. The new facility, which is designed to provide additional classroom and activity space, is to be built directly across the street from the existing school and connected by a pedestrian crossing with a covered walkway. Rezoning to PUD would provide flexibility in terms of access, parking supply, building architecture, setbacks, and landscaping at both sites. Grittman outlined the scope of the site plan and specified additional conditions required for PUD approval. Brad Fyle questioned the safety of a mid -block crossing. Grittman stated that, although crossing at an intersection had been considered, it was determined to be safer for the children to cross mid -block with signage to protect the crossing. Grant Sala shared a concern that shrubs won't keep children in and dogs out. Brad Fyle opened the public hearing. Applicant Eric Miller, of 717 Willow Glen in Buffalo, provided some background information about the school, shared his perspective and responded to questions. He confirmed that there are no plans to increase the student population or change the drop off and pick up location. He doesn't expect traffic to increase. TI new facility will include a classroom for special needs students and a large group activity room. He has spoken with many of his neighbors about the project. He confirmed that the school would comply with conditions in Exhibit Z. Jeff Gardner, of 500 West 4th Street, indicated that, although not against the project, he is concerned about encroachment within the residential area. He wondered specifically if the lot next to his, currently owned by the school but likely no longer needed for expansion, might be sold to Cargill. He also shared concerns about shrub choice, safety lighting and suggested that blinking lights be added at the crosswalk. Miller noted that the school had no plans for the additional lot at this time but would not rule out selling it. 2 Planning Commission Minutes: 3/04/14 As there were no further comments, the public hearing was closed. Sam Burvee pointed out that any proposed change in use for that lot would come before the commission for consideration. He also said that, although the project is a good use of vacant land, it concerns him to encroach on residential zoning. Fyle and Sala asked that blinking lights be required at the crosswalk if it is determined to be an additional safety measure. Miller indicated that the school intended to do so. SAM BURVEE MOVED TO ADOPT RESOLUTION 2014 -016 RECOMMENDING APPROVAL OF THE REQUESTED CONCEPT AND DEVELOPMENT STAGE PLANNED UNIT DEVELOPMENT AND THE PUD REZONING, BASED ON THE FINDINGS IN SAID RESOLUTION, AND THAT THE SUBJECT PARCELS CAN MEET THE REQUIREMENTS FOR PUD APPROVAL, AND THAT THE FLEXIBILITY PROVIDED Wl'I'H THE PUD DESIGNATION WILL ENCOURAGE SITE AND BUILDING DESIGN FEATURES BENEFICIAL TO BOTH THE SWAN RIVER MONTESSORI SCHOOL AND THE COMMUNITY, CONTINGENT ON COMPLIANCE WITH THE CONDITIONS LISTED IN EXHIBIT Z, AND THE ADDITION OF SAFETY LIGHTING AT THE CROSSWALK IF DETERMINED TO BE AN ADDITIONAL SAFETY MEASURE. ALAN HEIDEMANN SECONDED THE MOTION. MOTION CARRIED 4 -0. Exhibit Z Conditions of Approval Swan River Montessori School PUD, 500 and 503 Maple Street 1. The addition of dormers or decorative features (e.g. cupolas and skylight, etc.) to the roof of the new school building to add interest to the upper portion of the building. Increase pitch of roof, or mirror features from existing building. 2. The school should consider how the PUD design might cater to bicycle or pedestrian access from a trail to the north (along the rail ROW), and given the accessibility of bicycles to the site, how bicycle parking facilities can be provided. 3. Proposed dogwood shrubs should be coupled with additional shrubs or small trees throughout the PUD site. Along the rail road additional shrubs /small trees should be used to create a more opaque screening affect, and along the south and west property lines additional shrubs /small trees should be added to create a more continuous buffer through winter months. Recommended species include viburnums, ninebarks, American elder, tall American arborvitae varieties (or other evergreens adapted to the region), etc. 4. The applicants should consider implementing additional areas of shrubs or small trees in association with woodland/shade tolerant seed mixes along north and east portions of the site. There are numerous low maintenance native or non - native cultivars that can serve these functions (e.g. compact viburnum species, ninebarks, dwarf bush honeysuckles, chokeberries, white cedars, serviceberries or other small fruiting trees, fragrant sumac, etc.). K3 Planning Commission Minutes: 3/04/14 5. The applicant shall adhere to tree protections standards provided in Chapter 4 Section 4.2 of the Zoning Ordinance (no tree protection currently provided). 6. Provide a maintenance plan for of seed mixes & shrub /tree plantings (removal of invasives or weeds, and replacement of any dead specimens). 7. The applicants shall provide a lighting plan for review, and address any deviation from standards. 8. The applicants shall provide a signage plan (if any), and should address any deviation from standards. 9. Implementation of (colored stamped) pervious pavers in the landscaping design, as opposed to a plain concrete walk. 10. The proposed grading, drainage, and erosion control measures are subject to review and approval by the City Engineer. The applicants are required to adhere to any recommendations from the City Engineer as a condition of PUD approval. 11. The applicants will be responsible for pedestrian crossing improvements, including signage, and long -term maintenance. 12. Provide details of the proposed gazebo, including materials and dimensions. Upon installation, accessory structures may not exceed 15 feet. 13. Complete and submit Final Stage PUD documents consistent with the required conditions of approval for inclusion in the final PUD ordinance and development contract. 14. Execution of a development contract securing the required improvements. 6. Public Hearing — Consideration of a request for Conditional Use Permit for an Industrial Services use in an I -1 (Light Industrial) District, a request for Variance to Monticello Zoning Ordinance section 4.3, Fences and Walls as related to fence appearance, and a request for Variance to Monticello Zoning Ordinance section 5.3, Accessory Uses as related to area and extent of outdoor storage. Applicant: All Elements, Inc., Planning Case Number: 2014 -011 Steve Grittman reported that All Elements, Inc., had outgrown its previous site and proposed to relocate to a nearby existing office/warehouse building at 301 Chelsea Road (Lot 1, Block 1, Barger Addition). This request requires a Conditional Use Permit (CUP) for Industrial Services (Contractor) in the I -1 (Light Industrial) District, a Variance for size and extent of the outdoor storage area and a Variance for a non - permitted fence material. The request meets the criteria required for approval of a CUP in that the proposed use would not impair property values and is similar to those of surrounding uses and consistent with other office /warehouse uses in the area. The request meets the criteria required for variance for size and extent in that the site plan layout is affected by the unique condition of the slope easement which impedes reasonable use of the property. The site plan shows drive aisle within the enclosed area, which leaves less than 20,000 square feet of actual storage net area. The eligible area for storage meets the specific language of the accessory use language. 4 Planning Commission Minutes: 3/04/14 The request meets the criteria required for variance in non - permitted fence materials in that the use of white steel panel fencing is expected to meet the ordinance intent for attractive, durable fence construction. The additional evergreen landscape screening proposed along the public right of way would further enhance the site and buffer the area. Brad Fyle opened the public hearing. Wayne Elam, of Commercial Realty Solutions, introduced applicants John and Tara Thurber, of All Elements, and current property owner Mary Barger. Elam explained that increasing the size of the outdoor storage yard would allow for enough space to store heavy equipment and to drive in and out safely. The 8 foot tall fence enclosure would have a clean site line and not be visible due to its location and landscape plan. John Thurber, of 1347 Dundas Road, provided additional details about the proposed fence material and offered a sample. for commission review. As there were no further comments, the public hearing was closed. Decision 1: Conditional Use Permit SAM BURVEE MOVED TO ADOPT RESOLUTION NO. 2014 -017 APPROVING A CONDITIONAL USE PERMIT FOR AN INDUSTRIAL SERVICE BUSINESS IN AN I -1 DISTRICT, SUBJECT TO VARIANCE DECISIONS ON EXTENT OF THE STORAGE AREA, AND FENCING MATERIALS, BASED ON FINDINGS IN SAID RESOLUTION AND CONTINGENT ON COMPLIANCE WITH CONDITIONS IN EXHIBIT Z. ALAN HEIDEMANN SECONDED THE MOTION. MOTION CARRIED 4 -0. Exhibit Z Conditions of Approval Conditional Use Permit for Industrial Services (Contractor) at 301 Chelsea Road 1. Outdoor storage must be configured and screened on the site in compliance with ordinance requirements, or subject to variance approval. 2. The applicant must identify the existing storage area surface, and comply with stormwater management requirements, along with any applicable trunk fees, as recommended by the City Engineer. 3. The applicant must obtain a sign permit for new business signage per ordinance requirements. 4. If lighting is proposed in the outdoor storage yard, a lighting plan must be submitted and approved. 5. A building permit must be obtained for the outdoor storage yard fence. 6. The storage yard shall maintain 20 foot wide drive aisles consistent with the approved site plan, dated 02/27/2014. Decision 2. Variance for Size of Accessory Outdoor Storage Yard 5 Planning Commission Minutes: 3/04/14 GRANT SALA MOVED TO ADOPT RESOLUTION NO. 2014 -019 APPROVING A VARIANCE FOR AN ACCESSORY OUTDOOR STORAGE YARD EXCEEDING THE SIZE OF THE PRINCIPAL BUILDING, BASED ON FINDINGS IN SAID RESOLUTION. SAM BURVEE SECONDED THE MOTION. MOTION CARRIED 4- 0. Decision 3. Variance from Prohibition on Metal Fencing Materials ALAN HEIDEMANN MOVED TO ADOPT A RESOLUTION NO. 2014 -018 APPROVING A VARIANCE FOR ALTERNATIVE FENCING MATERIALS, BASED ON FINDINGS IN SAID RESOLUTION. SAM BURVEE SECONDED THE MOTION. MOTION CARRIED 4 -0. 7. Public hearing — Consideration of a request for an amendment to the Monticello Zoning Ordinance, Sections 5.1, Use Table, and 5.2, Use Standards, and related administrative amendments, to allow Temporary Public Infrastructure Construction Facilities by Interim Use Permit; and a request for an Interim Use Permit for Temporary Public Infrastructure Construction Facilities. Applicant: Shafer Contracting Co., Planning Case Number: 2014 -007 Steve Grittman reported that Shafer Contracting Co., Inc. will be reconstructing a section of I -94 from County Road 39 to County Road 18 as part of the MnDOT 1 -94 reconstruction project and proposed to utilize approximately five acres south of I -94 and one -half mile west of the interchange at County Road 18 for construction staging for the project. The principal use of the site will be the temporary operation of a portable concrete batch plant. This proposal requires both a zoning ordinance amendment to allow a temporary contractor's yard, storage of base materials and concrete mixing as an interim use in the IBC (Industrial and Business Campus) District, and an interim use permit to allow for operations for the duration of the 2014 construction season. The request meets criteria for approval of an Interim Use Permit in that the use is allowed on a limited basis, is sited to minimize negative impacts on adjacent properties, and will not affect future use. Staff recommended the approval of the ordinance amendment and the interim use permit. Grittman noted that the IEDC had also supported the request. Grittman pointed out that the applicant had looked at locating elsewhere but this site was determined to be the most practical in that it would involve the least amount of hauling on local streets. Haul routes are appropriate given the collector status of Chelsea Road. Brad Fyle opened the public hearing. Troy Vrieze, of 30403 Regal Ave., Shafer, Minnesota, representing Shafer Contracting Company, offered to respond to questions, and indicated intent to comply with Exhibit Z. r Planning Commission Minutes: 3/04/14 Don Tomann, owner of UMC, Inc., of 500 Chelsea Road, which is located directly across from the proposed project entrance, said that he is not opposed to the project but has concerns about the vibrational effects of crushing, traffic congestion on Chelsea Road and the cost of future road improvements. Vrieze indicated that there would be no crushing at the proposed site. He also suggested that creating a roadway along the property would be costly and unnecessary as Shafer trucks would account for only 8 -10% of all traffic on Chelsea Road. Vrieze also noted that MnDOT would be working with the city to monitor the roadways to minimize deterioration. He agreed to be flexible with driveway entrance locations. As there were no further comments, the public hearing was closed. Fyle asked that driveway entrances be reassessed. Grittman noted that entrance curb cuts had been designed to line up with those of the proposed future Mills Fleet Farm site but could be reassessed to ensure that they are as safe and well located as possible. Angela Schumann noted that the contractor and the state are responsible for the maintenance of Chelsea Road during the project as per the detour agreement and that compensation for any damage is based on a prescribed formula. Fyle asked that no crushing be included as a condition in Exhibit Z. SAM BURVEE MOVED TO RECOMMEND ADOPTION OF ORDINANCE NO. 591 ESTABLISHING A TEMPORARY CONTRACTORS YARD RELATING TO THE CONSTRUCTION OF PUBLIC INFRASTRUCTURE IN THE IBC DISTRICT BY INTERIM USE PERMIT, AND RESOLUTION NO. 2014 -020, APPROVING AN INTERIM USE PERMIT FOR A TEMPORARY CONTRACTORS YARD ON THE PROPERTY IDENTIFIED IN THIS REPORT, BASED ON FINDINGS IN SAID RESOLUTION AND CONTINGENT ON COMPLIANCE WITH CONDITIONS OUTLINED IN EXHIBIT Z, AND A CONDITION THAT PROHIBITS CRUSHING MATERIALS ON SITE. ALAN HEIDEMANN SECONDED THE MOTION. MOTION CARRIED 4 -0. Exhibit Z Conditions of Approval Interim Use Permit to allow a Contractor's Ward and Portable Concrete Batch Plant 1. All proposed haul routes must be submitted by the applicant to MnDOT for approval. 2. The applicant must sweep Chelsea Road near the site entrance as needed during the duration of operations and hauling. 3. A water truck must be on -site at all times for dust control. The site must be maintained so as to minimize dust and particulate matter in accordance with MPCA requirements. 4. The applicant must comply with proposed hours of operation from 7:00 am to 8:00 pm, Monday through Saturday. 5. Noise levels shall be controlled in accordance with Section 5.2(A)(2)(e). 7 Planning Commission Minutes: 3/04/14 6. The applicant must submit an approved stormwater pollution prevention plan. 7. The applicant must comply with all requirements and recommendations of the city engineer. 8. The applicant agrees not to occupy the site prior to the final approval of applicable permits, and agrees to terminate operations and restore the site to original conditions by a date no later than Novemberl, 2014, weather permitting. 9. The applicant shall comply with all recommendations of the City Engineer as provided in the comment letter dated February 26th, 2014. 10. The applicant executes a consent agreement with the City specifying the dates of operation and termination, and other conditions as adopted by City Council. 8. Public Hearing — Consideration of a request for Preliminary Plat for Pine View 2nd Addition, a 3 unit residential plat in an R -1 (Single - Family Residence) District Applicant: Kjellberg, Kent, Planning Case Number: 2014 -008 Steve Grittman reported that the request for Preliminary Plat combines an outlot and three vacant parcels into three new parcels to be used for single family residential development in an R -1 District. The property is located at 1123, 1127 and 1131 Broadway West and an adjacent outlot (Lots 1, 2, & 3 Block 1, Pine View). The applicant is also purchasing right of way from the city to accommodate the final lot. Driveways are proposed from Otter Creek Road for Lot 1 and from County Road 75 for Lot 2. Shared driveway access already exists for Lot 3 along County Road 75 with the adjacent property to the east. Reorienting the third lot to access on to the sidestreet would also improve traffic flow onto County Road 75. Driveway locations and design meet off - street parking and drive requirements provided in the Ordinance. Brad Fyle opened the public hearing. Applicant Marty Kjellberg, of 2424 Briar Oakes Blvd., noted that the lots were better suited for residential development and indicated an intent to comply with Exhibit Z. Edward Solberg, of 1204 Sandy Lane, asked which street the house on the corner of Otter Creek would face. Grittman stated that buildings must fit within setbacks but there is no zoning standard related to how a structure must be situated on a parcel. Kjellberg said that the garage and driveway would face Otter Creek Road but that could change. As there were no other comments, the public hearing was closed. ALAN HEIDEMANN MOVED TO RECOMMEND ADOPTION OF RESOLUTION NO. 2014 -021, APPROVING THE PROPOSED PRELIMINARY PLAT FOR PINE VIEW SECOND ADDITION, COMBINING ONE OUTLOT AND THREE R -1 SINGLE FAMILY RESIDENCE DISTRICT PARCELS (PID 155204000010, PID 155204001010, PID 155204001020, AND PID 155204001030) INTO THREE R -1 DISTRICT PARCELS, BASED ON FINDINGS IN SAID RESOLUTION AND CONTINGENT ON COMPLIANCE WITH CONDITIONS LISTED IN EXHIBIT Z. GRANT SALA SECONDED THE MOTION. MOTION CARRIED 4 -0. Planning Commission Minutes: 3/04/14 Exhibit Z Conditions of Approval Preliminary Plat of Pine View Second Addition 1. The applicant shall provide drainage, erosion control, and stormwater management plans for review and approval by the City Engineer, and will need to address any recommendations the engineer makes in this regards. Further, development of the proposed lots will need to adhere to erosion control and drainage requirements provided in Sec. 11 -5 -5 and 11 -5 -6 of the Subdivision Ordinance, in addition to meeting related standards provided in Zoning Ordinance Section 4.10. 2. The applicant shall comply with all recommendations of the City Engineer as provided in the comment letter dated February 26th, 2014. 3. Future dwellings on subdivided parcels are required to meet the minimum width, depth, and floor area standards provided in Chapter 5, Section 5.2(C) of the Zoning Ordinance, and the minimum garage area standards for accessory garages in the R -1 District. 9. Community Development Director's Report • I -94 Reconstruction Project — Detailed project information and signup for email updates is available on the MnDOT website. • EDA Hospitality Study — A draft of the study to determine if the downtown could support a hotel along the riverfront is expected to be available in April. • Code Tracking — Staff suggested that the commission once again consider the Conditional Use Permit extension policy. 10. Items added to the agenda • Code Clarification — Staff explained that the area of garage doors is subtracted from the building front fagade when calculating the amount of brick and stone required on residential dwellings. The commission had no concerns with this interpretation of the code as long as it continues to be applied consistently. 11. Adjournment GRANT SALA MOVED TO ADJOURN THE MEETING AT 8:05 PM. SAM BURVEE SECONDED THE MOTION. MOTION CARRIED 4 -0. Recorder: K Kerry Burn Approved: t t�m, Commu�itVDkvelopment Director