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Planning Commission Minutes 01-14-2015 Special MeetingMINUTES SPECIAL MEETING — MONTICELLO PLANNING COMMISSION Wednesday, January 14th, 2015 - Mississippi Room, Monticello Community Center Present: Brad Fyle, Linda Buchmann, Sam Murdoff Absent: Alan Heidemann Others: Angela Schumann, Jeff O'Neill, Steve Grittman (NAC), Ron Hackenmueller, Charlotte Gabler (Council Liaison) City Administrator Jeff O'Neill administered the Oath of Office to newly appointed members Sam Murdoff and Linda Buchmann. 1. Call to order Brad Fyle called the meeting to order at 7:30 p.m. He noted the absence of Alan Heidemann and the appointment of Charlotte Gabler as Council representative. 2. Consideration to elect officers Brad Fyle indicated that he would like to be considered for the Chair position and invited other nominations. Commissioners was asked to elect the positions of Chair and Vice Chair of the Commission for 2015. Decision 1: Chair Position LINDA BUCHMANN MOVED TO NOMINATE COMMISSIONER BRAD FYLE AS CHAIR OF THE PLANNING COMMISSION FOR 2015. SAM MURDOFF SECONDED THE MOTION. MOTION CARRIED 3 -0. Brad Fyle noted that Alan Heidemann had indicated interest in serving as Vice Chair if nominated. Fyle asked for any other nominations for the position. Decision 2: Vice Chair Position SAM MURDOFF MOVED TO NOMINATE COMMISSIONER ALAN HEIDEMANN AS VICE CHAIR OF THE PLANNING COMMISSION FOR 2015. LINDA BUCHMANN SECONDED THE MOTION. MOTION CARRIED 3 -0. 3. Citizen Comments None 4. Consideration of adding items to the agenda • Truck Parking at Broadway Market (Gabler) • Website /IT (Schumann) • Vacant Planning Commissioner Position (Schumann) Planning Commission Minutes 1/14/15 5. Consideration to approve Planning Commission minutes a. Special Meeting — December 2nd, 2014 BRAD FYLE MOVED TO APPROVE THE DECEMBER 2ND, 2014 SPECIAL MEETING MINUTES. LINDA BUCHMANN SECONDED THE MOTION. MOTION CARRIED 3 -0. b. Regular Meeting — December 2nd, 2014 BRAD FYLE MOVED TO APPROVE THE DECEMBER 2ND, 2014 REGULAR MEETING MINUTES. SAM MURDOFF SECONDED THE MOTION. MOTION CARRIED 3 -0. 6. Public Hearing — Consideration of a request for Amendment to the Monticello Zoning Ordinance, Chapter 5, Sections 1— Use Table, Section 2 — Use - Specific Standards and Section 3 — Accessory Use Standards and Chapter 8, Section 4 — Defmitions as related to regulations for Solar Energy Systems (NAC) Planning Case Number: 2014 -054 Steve Grittman explained that City staff had recently been asked questions related to the concept of establishing a solar energy facility in Monticello's Orderly Annexation Area. Preliminary consideration of this matter had led staff to review existing zoning regulations and determine that the code is not clear regarding the classification of this type of use. The City Council established a land use moratorium on principal solar energy uses at its November 24th, 2014 meeting, as had been recommended by the Planning Commission. The City has 12 months to study the issue and consider changes to development regulations. Grittman noted that current land use regulations address solar panel installations on existing properties as an accessory use. Accessory use of property is "subordinate and incidental" to the activity or structure on the site. This type of use can be regulated by size, location, design, building -mount or ground -mount and proportionality. These type of installations are usually attached to an existing building and produce electrical power that is consumed by the occupant of the property. Principal use of property is the main, or primary, purpose for which land is intended and developed. Principal uses are usually distinguished by size or extent and impact, from accessory uses. This type of use can be regulated by land use regulation goals, tax/service impacts, long range planning patterns and public finance issues. Grittman pointed out that municipalities have the authority to regulate land uses with certain limitations that are imposed by the state. The City can use its development regulations to manage location, size, extent and intensity of various land uses, and 2 Planning Commission Minutes 1/14/15 relegate certain land uses to specific districts. In most cases, the City can prohibit land uses that are incompatible with land use objectives. The current regulations specifically permit accessory solar facilities, with limited definition as to how those facilities can be installed on a property. The zoning regulations are silent on solar energy production as a principal use, but various categories of use touch on electrical generation. Based on staff analysis of solar energy production regulation options, staff recommended the following amendments: Solar Energy as an Accessory Use A. Retain the current requirements for Solar Energy Systems in the Zoning Code, Chapter 5.3 (D)(29) for accessory use. B. Amend the language in that section to add the requirements suggested in this report, as follows: 1. Generally allow solar arrays as roof - mounted systems, and create a maximum height extension. 2. Ensure that solar arrays are developed to minimize glare, including adequate protective screening or coatings as appropriate. 3. Limit solar arrays to locations that are not visible from the public right of way in residential areas, or require that they are integrated into the design and architecture of the home. 4. Allow ground- mounted solar arrays in the rear yards when such arrays comprise an aggregate area no more than 20% of the size of the principal structure. 5. Allow ground- mounted solar arrays on business and industrial property by Conditional Use Permit, with size limitations related to current accessory building allowances, and in such a way that would not impede principal building or site use expansion. 6. Require that business /industrial ground- mounted systems be allowed only where applicants show that roof - mounted systems are not practical due to building strength/support. 7. Require that accessory buildings related to solar arrays constitute, or are included in, the allowed accessory building construction on the subject property. 8. Include the existing requirements of the City's code, including a requirement that all installations meet height and setback requirements applicable to accessory uses in the underlying zoning district. C. Clarify the definition of Essential Services to specify that the identified items are support facilities and structures, but not buildings for human use or occupancy. 3 Planning Commission Minutes 1/14/15 D. Clarify the definition of Utilities -Major to specify that the identified uses listed at (A) Public infrastructure services include buildings or structures that are intended to house human activity. E. Clarify that solar energy generation is not allowed as a stand- alone, principal use of property. F. Amend the zoning use table (Table 5.1) to specify that Utilities -Major are allowed by CUP only in the I -1, Light Industrial District, I -2, Heavy Industrial District and the B -2, Limited Business District. Sam Murdoff asked if the City was opposed to allowing solar as principal use because of public funding issues. Grittman explained that the primary issue with allowing solar as a principal use is that it is essentially a rural use. Murdoff also asked if it might be an option to require that a principal solar use facility take on extra taxes to compensate for the lack of employment and funding generated. Grittman suggested that because the legislature has a lot to say about the public regulated utility market such considerations may be beyond local control. Fyle asked about what Xcel Energy would be allowed to do. Gritmman indicated Xcel would be allowed to establish solar generation as an accessory use like any other industrial facility. Fyle opened the public hearing. Dean Leischow, a solar energy developer with Sunrise Energy, 601 Carlson Parkway, Minnetonka, pointed out that Sunrise had developed projects across the country. He indicated that recent legislation prompted interest in developing a considerable amount of solar production in Minnesota. He pointed out that one of the sites that Sunrise is looking to develop is outside of the City's jurisdiction in the annexation zone. He noted the importance of being a good corporate neighbor and explained that solar energy would benefit the community. He suggested that solar plants do not make any noise, can vary in size from half an acre to 100 acres, and generate considerable tax revenue. Leischow suggested that, rather than establishing a blanket moratorium on solar as a principal use, the city would be better served by establishing some sort of a zoning overlay which allows solar as a principal use in commercial, industrial, and agricultural areas on a case by case basis. Dan Rogers, of 2728 Stevens Avenue, Minneapolis, stated that he is a solar developer (at SunEdison), and also expressed interest in developing a facility within the annexation area. He explained that such a facility would be enclosed, typically sit less than 8 feet off the ground, and would not require water or sewer services. He suggested that a large system would boost the local distribution infrastructure so that the resiliency of the grid would be higher. He also pointed out that recent legislation allows for the sale of power to anyone within distribution capacity. rd Planning Commission Minutes 1114115 Gabler asked why the developers were interested in Monticello. Leischow indicated that this area is attractive because of the abundant flat land and proximity to the power plant. Rogers also noted that there are willing landowners in the area. Linda Buchmann asked if the land the developers are interested in would be purchased or leased. Both developers indicated that they like to lease land from farmers. Solar contracts are typically 20 -25 years in duration. Brad Fyle expressed interest in learning about what such a facility would look like and how it came to be developed in other areas. Leischow said that solar arrays would be low to the ground and can be screened. He indicated that reflectivity would be less than 2% or so. Both developers agreed to provide additional resources about actual sites. Steve Grittman pointed out that the staff report listed numerous websites which may provide useful as a reference in further exploring these issues. Gabler asked if a solar facility would be similar to the Great River Energy facility in Maple Grove. Leischow said that St. Johns has had a small single access tracker for 5 years. Fyffe asked for clarification about who would determine if the land within the Orderly Annexation Area would be acceptable for such a facility. Schumann explained that the Monticello Orderly Annexation Board is responsible for the oversight and implementation of the orderly annexation agreement that the City of Monticello has with Monticello Township. The board is comprised of two City representatives, two Township representatives and one Wright County representative. Mayor Brian Stumpf and Council member Tom Perrault are the City's representatives. Schumann noted that the Monticello Orderly Annexation Area is governed by Wright County's zoning ordinance which does not allow solar energy systems as a principal use. SAM MURDOFF MOVED TO TABLE ACTION ON THE ISSUE, CONTINUE THE PUBLIC HEARING, AND DIRECT STAFF TO PREPARE AMENDMENTS TO THE ZONING ORDINANCE AS RECOMMENDED IN THE STAFF REPORT OF 1/14/15 FOR CONSIDERATION AT THE PLANNING COMMISSION'S NEXT REGULAR MEETING. LINDA BUCHMANN SECONDED THE MOTION. MOTION CARRIED 3 -0. 7. Consideration of a recommendation as related to Interim Ordinance #568 for Temporary Signage The interim ordinance regulating temporary signage expired on January 1, 2015. Angela Schuman suggested that adopting a new interim ordinance for 2015 would provide an opportunity for the recently appointed Planning Commission members to become familiar with the history of the interim temporary sign ordinance and to evaluate the most recent related data prior to recommending amendments. Schumann briefly compared the parameters of the temporary sign ordinance with those of the interim ordinance. She noted that the interim ordinance allows for a 5 Planning Commission Minutes 1/14/15 slightly larger sign size, allows temporary signage for each business rather than per parcel, and allows temporary signage to be utilized for an unlimited number of days. Schumann pointed out that the interim ordinance includes provisions which relate to enforcement but acknowledged that there tend to be enforcement issues with temporary signs. Regulations stipulate that temporary signs may not be placed within public rights of way or easements, require the permit holder to track the number of days used, and require maintenance and durability for sign materials. Schumann indicated that it has been difficult to obtain information as to the number of days temporary signs had been in use and pointed out that there is no requirement that businesses provide usage statistics prior to obtaining a new temporary sign permit. Brad Fyle asked why the temporary sign ordinance would limit the number of days per year for advertising and the electronic billboard is visible 24 -7. Schumann pointed out that the electronic community message board is considered a permanent sign. SAM MURDOFF MOVED TO RECOMMEND THAT THE CITY COUNCIL ADOPT AN INTERIM ORDINANCE FOR TEMPORARY SIGNAGE CONSISTENT WITH THE PROVISIONS FOR INTERIM ORDINANCE AS PREVIOUSLY ADOPTED AND AS DETAILED IN THE STAFF REPORT OF JANUARY 14, 2015. LINDA BUCHMANN SECONDED THE MOTION. MOTION CARRIED 3 -0. Staff will provide information and recent data to support the Planning Commission's review of temporary sign ordinance issues at its March meeting. 8. Consideration of recommendations regarding amendments to City Code, Title 2, Chanter 1- Planning Commission Angela Schumann asked that the Commissioners review proposed amendments to the City Code guiding Planning Commission activities (Title 2, Chapter 1), for the purposes of updating information where required, and for consideration of a requirement relating to meeting attendance. She noted the importance of meeting attendance in achieving a quorum to conduct business. The proposed amendments provide for the following: 1. Consistency of sub - section headings with other City codes for boards and commissions. 2. Reference to the duties of the Planning Commission as may be assigned by the City Council and by state statutes. 3. Amendment of updated information relating to term of office. 4. Addition of information related to attendance requirements. 5. Additional clarification relating to the rescheduling of regular meetings of the Commission should conflict arise. Cl Planning Commission Minutes 1/14/15 6. Reference to fee schedule for compensation in order to maintain currency with any future changes. Brad Fyle suggested that the amendment also include a provision for three commissioners to call for a special meeting. BRAD FYLE MOVED TO RECOMMEND THAT THE CITY COUNCIL ADOPT AMENDMENTS TO CITY CODE, TITLE 2, CHAPTER 1— PLANNING COMMISSION AS STATED BY THE PLANNING COMMISSION, INCLUDING LANGUAGE ALLOWING 3 MEMBERS OF THE PLANNING COMMISSION TO CALL FOR A SPECIAL MEETING. SAM MURDOFF SECONDED THE MOTION. MOTION CARRIED 3 -0. 9. Consideration to appoint a representative to the Transportation Advisory Committee Angela Schumann asked the Planning Commission to appoint a new representative to the City's Transportation Advisory Committee (TAC) to fill the vacant position created as a result of Charlotte Gabler's election to the City Council. The TAC meets on the second Thursday every other month at 7:30 AM. The next meeting is on Thursday, January 22na LINDA BUCHMANN MOVED TO RECOMMEND THAT BRAD FYLE SERVE AS INTERIM REPRESENTIVE TO THE TRANSPORTATION ADVISORY COMMITTEE (TAC) UNTIL A PLANNING COMMISSION REPRESENTATIVE TO THE TAC HAS BEEN RECOMMENDED FOR APPOINTMENT BY THE FULL COMMISSION. SAM MURDOFF SECONDED THE MOTION. MOTION CARRIED 3 -0. 10. Consideration to review for discussion the Land Use Application Process Angela Schumann presented a broad overview of the land use application process in an effort to provide the new commissioners a framework for understanding the work of the Planning Commission. Schumann indicated that next month Steve Grittman would conduct a Land Use 101 overview as well. Schumann summarized that the Level 1 Pre - Design concept discussion stage of the land use application process clarifies who would be involved, what would be needed to accomplish the concept, and a general timeline. Staff also recommends a Level 2 Pre - Design meeting with development staff team for a detailed site discussion and review ofthe essential components of the project prior to submitting an application. Schumann cited examples of common land use applications. Those noted included Comprehensive Plan amendment, Planned Unit Development (PUD), Conditional Use Permit (CUP), variances, subdivisions, preliminary and final platting, map and text amendments, and vacations of easements and rights of way. VA Planning Commission Minutes 1/14/15 Schumann also briefly noted other types of administrative applications and permits. Among those noted were sign permits, temporary use permits, special event permits, home occupation permits, grading permits, and PUD adjustments and amendments. Schumann reviewed the components of the land use application form. The form requires information related to the property, the type of land use, fees and escrow and a signature section. It also specifies the 60 day rule for taking action on a decision once an application is complete. The timeline can be extended by another 60 days with notification to the property owner. Upon receipt of a completed application staff send a letter, checklist and calendar to the applicant to document submittal requirements, approval criteria and review, hearing and expiration dates. Schumann explained that the internal application review process includes plan distribution, weekly staff site review, staff report preparation, an applicant review meeting to discuss the staff report recommendation (including conditions of approval), and distribution and posting of the agenda. Other city boards may participate in the review process as appropriate. Schumann pointed out that all public hearing notices require publication and some also require mailed notice. Notice is published in the official newspaper once and mailed ten days prior to the date of the hearing to the applicant, the property owner and those property owners within 350 feet of the property. Staff produce an affidavit of mailing and receive an affidavit of publication. Larger development project applications may be posted to the Community Development page on the City's website when time permits. In summary, Schumann clarified that the Planning Commission is an advisory board which holds public hearings and makes recommendations to the City Council. The Planning Commission summarizes its decisions by adopting resolutions which include findings of fact. The Planning Commission is the Board of Adjustment and Appeals (decisionmaking body) for variances. The City Council is the decisionmaking authority on many applications and holds hearings for vacations of public easements or rights of way. Proceedings, which serve as the City's official record, are recorded at Wright County. All proceedings are public. A record plan set addressing all of the conditions of approval related to the decision is required. Notices and minutes of the- decision are provided to the applicant. Ordinance and map amendments are posted to the website. 11. Added items • Truck Parking at Broadway Market (Gabler) — Gabler asked about posting notice regarding no overnight parking in the lot at Broadway Market. Schumann indicated that the issue must be addressed on a case by case basis because the lot is private property. Schumann noted that the city had already spoken with the property broker about this issue. She agreed to also contact the property owner. E:3 Planning Commission Minutes 1/14/15 • Website/IT (Schumann) — Schumann demonstrated how to locate the Planning Commission page and the City, zoning, and subdivision ordinances and invited the commissioners to browse the City's website. She pointed out that staff email a link to the upcoming Planning Commission agenda packet when it has been posted online. Agenda packets are typically available to view online the Thursday before the meeting. Schumann also agreed to revisit IT questions related to contacting Planning Commissioners. • Vacant Planning Commissioner Position (Schumann) — Schumann noted that one application had been submitted for the position and she requested commission direction related to continuing to post the position and scheduling interviews. BRAD FYLE MOVED TO ACCEPT APPLICATIONS FOR THE VACANT PLANNING COMMISSIONER POSITION UP UNTIL ONE WEEK PRIOR TO THE DATE OF INTERVIEW, ESTABLISHED FOR TUESDAY, FEBRUARY 3RD, 2015, AT 4:30 P.M. SAM MURDOFF SECONDED THE MOTION. MOTION CARRIED 3 -0. 12. Adiournment SAM MURDOFF MOVED TO ADJOURN THE MEETING AT 9:28 P.M. LINDA BUCHMANN SECONDED THE MOTION. MOTION CARRIED 3 -0. Recorder: Kerry Burri �_ z Q Approved: February, 201 Attest: Angela Schumann, 6"Mity Development Director N