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Planning Commission Agenda 03-07-2000 . .-- .m~ -..... AGENDA REGULAR MEETING - MONTICELLO PLANNING COMMISSION Tuesday, March 7,2000 4:00 P.M. Members: Dick Frie, Robbie Smith, Roy Popilek, Richard Carlson, Rod Dragsten Council Liaison: Clint Herbst Staff: Jeff O'Neill, Fred Patch, Steve Grittman and Lori Kraemer 1. Call to order. 2. Approval of minutes of the regular meeting held February I, 2000. 3. Consideration of adding items to the agenda. 4. Citizens comments. 5. Public I lea ring - Consideration of a request for a conditional use permit allowing open sales as an accessory use in the B-4, Regional Business District. Applicant: Scott Rolfe, Skippers Pools & Spas. 6. Public Hearing - Consideration of an amendment to the zoning map to rezone a parcel from [-lA, Light Industrial, to R-3, Multiple Family Residential. Applicant: Joseph and Mamie LaFromboise. 7. Consideration of a request to call for a public hearing on modification to the zoning ordinance that would enable City staff to initiate zoning code anlendments. 8. Consideration of calling for a public hearing on an amendment to the comprehensive pllil that would convert the Gold Nugget residential area to industrial uses. 9. Adjourn . . . Planning Commission Minutes - 02/01/00 MINUTES REGULAR MEETING - MONTICELLO PLANNING COMMISSION Tuesday, February 1,2000 Members Present: Dick Frie, Robbie Smith, Roy Popilek, and Rod Dragsten Council Liaison Clint Herbst arrived at 7:30 p.m. Absent: Richard Carlson and Jeff O'Neill Staff Present: Fred Patch, Dan Licht and Lori Kraemer 1. Call to order. Chair Frie called the meeting to order at 7:00 p.m. 2. Approval of minutes of the regular meeting held January 4. 2000. ROBBIE SMITH MOVED TO APPROVE THE MINUTES OF THE JANUARY 4, 2000 REGULAR PLANNING COMMISSION MEETING. ROY POPILEK SECONDED THE MOTION. Motion carried. .., J. Consideration of adding items to the aQ:enda. Roy Popilek asked to update the Planning Commission regarding MCP. This was placed as the fourth item under item 8. 4. Citizens comments. None. Sa. Consideration of a Zonin!!: Text Amendment to allow accessory storae:e in an R-4. Mobile Home Park District. and a Conditional Use Permit to allow the construction ofa stora e buildino in an R-4 Zonin District. A licant: K'ellber 's Inc. Dan Licht, City Planner, provided the report noting Kjellberg's wishes to provide an additional storage building for the use of park tenants adjacent to the existing storage building in Kjellberg's East Mobile Home Park. This would be a 5300 sq. ft. building which is in addition to the one they already have. To accomplish this, the R-4, Mobile Home Park District needs to be amended to specifically refer to this use. Mr. Licht noted that except for the relocated fence, the plan does not show any other site improvements proposed in conjunction with the new building. He also noted the Zoning -1- Planning Commission Minutes - 02/01/00 . Ordinance does not specify a surfacing requirement for anything other than roadways and driveways in Mobile Home Parks, except to require that other areas be surfaced to control dust and drainage. While paved surfacing would be the most durable and least likely to result in an unsightly property condition, a gravel surface would serve the requirements of the ordinance. Mr. Licht stated the City should require that it be paved or surfaced with gravel, and not left in grass or exposed soil. The new building will result in changing the fence location, screening most of the enclosed portion from mobile homes to the south. However, the open yard area will be more visible to mobile homes to the north. It would be worthwhile to consider a row of evergreen shrubs along the new fence line which will help screen the open storage yard from views into the enclosure. The screening in question would not affect views from the roadway, and should not reduce security. Chair Frie opened the public hearing. Mr. Rich Rothstein, Morton Buildings, added that this area is currently being used for storage and has been for many years. They now want to put up a structure to enclose, it is fenced right now and they are using an older storage building at this time. Chair Frie closed the public hearing. . The members asked Mr. Rothstein about the type of building materials to be used and Mr. Rothstein stated they would not be the same as the existing building as it dates back to the 1950's and is in poor condition, but it will be a typical mini-storage building. Mr. Rothstein did note, however, that there are plans to upgrade the existing storage building in the future. There were also concerns by the members of previous problems the City has had with Kjellberg's. Fred Patch stated that most of the previous issues relate more to land use issues in the Kjellberg West Park which is in the OAA district, not the City. Another concern was the placement of the storage building and it's closeness to four of the mobile homes. Fred Patch stated the City would look at land use and anticipates that Kjellberg's would work with their tenants on any concerns. Mr. Rothstein stated the chain link fence would be removed and the storage building would be placed approximately 15 feet further back, the doors would face the existing storage building. Fred Patch stated that the City may require a drainage plan and Mr. Rothstein stated he would provide this, although he did question the need for it stating that if there would be a drainage issue it would affect Mr. Kjellberg's property alone and he was sure that Mr. Kjellberg would not want this to happen. . ROY POPILEK MOVED TO RECOMMEND APPROVAL OF THE TEXT AMENDMENT, BASED ON A FINDING THAT STORAGE BUILDINGS IN MOBILE HOME PARKS WOULD HELP TO MINIMIZE UNSIGHTLY OUTDOOR STORAGE OF PRIVATELY OWNED PROPERTY. ROD DRAGSTEN SECONDED THE MOTION. There was further discussion on the conditions of the Conditional Use Permit and it was noted by Dan Licht that these items were covered under the building provisions. Motion Carried. -2- . . . Sb. Planning Commission Minutes - 02/0 I /00 Public Hearin - Consideration of a re uest for a conditional use ermit allowin an accesso stora e buildin in a mobile home Inc. for KiellberlZ's Mobile Home Park. Dan Licht provided the report noting the request by Kjellberg's Mobile Home Park for a conditional use permit allowing for an accessory storage building and noting that the only additional information on this item is that this "specific use" would continue for a long period of time and zoning would be the issue. He also provided a list of conditions for approval: Conditions of Conditional Use Permit Approval for Kjellberg East Storage Building I. Surfacing of the storage area within the fenced enclosure to control dust and drainage. This may be accomplished by either gravel surface or paved surface. to be reviewed and approved by the City Engineer. 2. Screening of the storage area from view of the mobile home units to the north. This may be accomplished by a continuous evergreen shrub planting along the fence line to the east and north of the storage area. 3. Storage area is for the private use ofresidcnts of the mobile home park and will not be made available for rent to non-mobile home park residents. 4. Comments and recommendations of other City Staff. Chair Frie opened the public hearing. Rich Rothstein, Morton Buildings, stated a concern with condition number 2, that in speaking with Mr. Kjellberg it was stated his intent to screen and plant shrubs, and screening around the property or not is not going to have an impact on any private individual land owner, it will only impact Mr. Kjellberg's property and his renters. His motivation to screen or not would be between Mr. Kjellberg and his renters. He also stated the closest mobile homes are to the south and there is a 70 foot strip between the storage building and where the existing shrubs are. Dan Licht stated that the interest by the City in screening is to promote the highest quality development in the City. Chair Frie closed the public hearing. ROD DRAGSTEN MOVED TO RECOMMEND CONDITIONAL USE PERMIT APPROVAL BASED ON A FINDING THAT THE PROPOSED BUILDING IS CONSISTENT WITH THE EXISTING AND FUTURE LAND USE OF THE AREA, CONTINGENT UPON COMPLIANCE WITH THE SURFACING AND SCREENING RECOMMENDATIONS OF EXHIBIT Z. ROBBIE SMITH SECONDED THE MOTION. Motion carried. 6. Consideration of amendine: Subdivision Ordinance by acceptine: pre-certified survey data with each simple subdivision application. Fred Patch provided the report asking the Planning Commission to consider accepting simple subdivision applications containing information via an accurately drawn site plan. -3- . . . Planning Commission Minutes. 02/0 I /00 He also noted that this a change in the wording previously submitted to the members in their agenda packet, the change being the accepting of "an accurately drawn site plan" versus "pre-certified survey". Our current ordinance requires submittal of a certified survey as part of the original application. The requirement to produce a certified survey would come after City Council approval. There are four main reasons for the proposed change. 1. An accurately drawn site plan contains sufficient detail for decision making. 2. Requiring certification prior to consideration by the Planning Commission adds significant cost without providing additional information for decision making. If the application is turned down, the dollars for the certification are wasted. 3. In the past, City Staff and the Planning Commission have accepted simple subdivision data without first having it certified. This amendment would result in the ordinance matching practice. 4. The certification requirement is important. Under the proposed amendment certification of the survey data would OCcur after City Council approval and become the basis for recording the lot split. Chair Frie stated this was a long over-due change and notes the City and it's staff are concerned with applicants paying out large amounts of money that may not be necessary at the time. There was a concern with applicants coming in for a subdivision without a certified survey and not knowing where easements, powerlines, etc. are in the subdivision. Fred Patch stated that this was really an exception and that the City has the right to request a certified survey at that time if they feel it is an issue. This amendment allows the City the opportunity for flexibility. Chair Frie also asked that the title of this item be reworded as follows: Consideration of amendin~ Subdivision Ordinance bv accentin!! an accurately drawn site plan with each simple subdivision application. ROBBIE SMITH MOVED TO RECOMMEND ADOPTION OF ORDINANCE AMENDMENT ACCEPTING AN ACCURA TEL Y DRAWN SITE PLAN WITH SIMPLE SUBDIVISION APPLICATIONS. ROD DRAGSTEN SECONDED THE MOTION. Motion carried. 7. Chair Frie advised the members that he had previously spoken with JeffO'NeilI regarding the taping of future Planning Commission meetings. Frie's concerns being that when the Planning Commission takes a stand on certain issues and it is advanced to the Council, the end result is not always the same. There was a concern, however, with the possibility of the taping of meetings adding additional cost to the City which would be a negative aspect. -4- . . Planning Commission Minutes - 02/01/00 Fred Patch stated the main issue is the loss of formality noting the Planning Commission needs to be somewhat infonnal in their discussions during public hearings when citizens are expressing their views. In terms of staffing, it would depend on how elaborate the commission would want it, in order to use the equipment we need to have someone manning it anyway. It could just consist of a camera focused on the commission and stationary. Patch also advised of other equipment that will be available for the commission's Use. Council Liaison Herbst stated he felt this was a positive move, as did the members. Their consensus was to recommend this to City Council for their recommendation. 8. Enforcement Action Update: ./' Morrell Trucking - Fred Patch stated the Council authorized legal action and we have been given the authority to seek legal action. Staff will be meeting with the City Attorney. ./' Royal Tire - Fred Patch states Royal Tire cleaned up in front and they did get new management. The members noted that it does look better since moving the dumpster inside. ./' Weber Home Occupation - City Council asked the Planning Commission to look into this and monitor. Brian Stumpf had received complaints. It was noted that the business has moved to it's new facility in Big Lake and everything is cleaned up at this point. ./' Clint Herbst brought up the issue of a "blighted" house across from the funeral home on West Broadway. One of the members thought that this house was purchased to be renovated. ./' MCP update by Roy Popilek - The annual MCP meeting will be held on February 22, 2000 at the Monticello Community Center with a potluck meal and presentation starting at 6:00 p.m. Chair Frie advised that he will not be at the March 7,2000 meeting and Richard Carlson will act as Chair. He also reminded the members of the change in time for that meeting to 4:00 p.m. due to the precinct caucus. 9. Adiourn ROBBIE SMITH MOVED TO ADJOURN THE MEETING AT 8:00 P.M. ROD DRAGSTEN SECONDED THE MOTION. Motion carried. Lori Kraemer, Recording Secretary . -5- . . . Planning Commission Agenda -03/07/00 5. Public Hearin~ - Consideration of a requestfor a conditional use permit allowin2: o{len sales as an accessorv use in the 8-4. Regional Business District. Applicant: Scott Rolfe. Skippers Pools & Spas. (.TO) A. REFERENCE AND BACKGROUND: Scott Rolfe, representing Skippers Pools and Spas, and the HRA are requesting a renewal of the conditional use permit allowing outside sales at 101 W. Broadway. As you may recall, the city granted a ClJ P on 5/11/98 which was intended for summer display only. Due to the fact that there has been some problems with the unauthorized use ofthe property for outside storage and because an expiration date was set, it is appropriate to require a renewal. Seott Rolfe is aware of the concerns regarding outside storage and has indicated the he will comply with the terms ofthe permit in the future. The HRA has also indicated that they will monitor the use of their property. New this year is the request to fill the pools which goes against one of the previous conditions of approval. Does the Planning Commission wish to approve this request with water in the pools? See the lIRA meeting minutes for information regarding this facet of the request. B. ALTERNATIVE ACTIONS 1. Motion to recommend approval of the conditional use permit allowing outdoor display and sales subject to the following conditions: 1. Entering into a satisfactory lease arrangement with the HRA. 2. All lighting must be directed away from the public right-of-way. 3. Parking stalls must be clearly striped and marked. 4. No permanent or temporary signs shall be erected on the outdoor display. 5. Any swimming pool or spa displayed outdoors must be provided with a continuous surrounding barrier to prevent entry. 6. Outdoor swimming pool or spa displays may contain water for structural reasons, but must be securely covered during night time or non-business hours. 7. All items shall be removed by August 31, 2000. No outside storage allowed under this permit. 8. The conditional use permit shall be seasonal from April through August 31, 2000. . Planning Commission Agenda -03/07/00 Motion is based on the finding that the proposed outdoor display and sales use is connected with the principal use and limited to no more than 30% ofthe gross floor area ohhe principal use; is compatible with the comprehensive plan and the geographical area and character of the surrounding area; is justified by a demonstrated need for such use; and does not substantially depreciate the area in which it is proposed. 2. Motion to recommend denial of the conditional use permit allowing outdoor display and sales. 3. Motion to table any action, pending additional information. C. ST AFP RECOMMENDA nON StatTrecommends Alternative 1. D. SUPPORTING DATA . City Council agenda item of 5/ I ] /98 Enforcement letters from HRA re: storage Letter from Scott Rolfe to HRA re: outside storage Summary of the HRA meeting minutes trom 3/1/00 . . . . qq- Of d- Council Minutes - 5111/98 6. Consideration of itemo;; removed from the consent aeenda for discussioQ. 5E. Consideration of a conditional use nennit aII0winr oJJe;:s~es ~a: :ce:~r; ~'!e 10 the 8-4. ReelOnal 8nsmess DIStrIct. ~:l10;: .0; :~;~ 8:~;:U;~Vd Lo;~ 10. Block 52 Oru!mal Plat. Aopbcant: S R }fe. ki s l' n S ~. Councilmember Brian Stumpf requested clarification of the proposal for an outdoor display and sale of swimming pool products by Skippers Pools and Spas on the HRA's property. He noted his concern regarding issuance of a conditional use permit for a parcel that may be sold in the future. Economic Development Director Ollie Koropchak reported that the HRA's motion included a termination date of August 31, 1998, for use of the property. A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY BRUCE THIELEN TO APPROVE THE CONDITIONAL USE PERMIT ALLOWING OUTDOOR DISPLA Y AND SALES SUBJECT TO THE FOLLOWING CONDITIONS: 1. ENTERING INTO A SATISFACTORY LEASE ARRANGEMENT WITH THE BRA. 2. ALL LIGHTING MUST BE DIRECTED A WAY FROM THE PUBLIC RIGHT ~ OF-WAY. 3. PARKlNG STALLS MUST BE CLEARLY STRIPED AND MARKED. 4. NO PERMANENT OR TEMPORARY SIGNS SHALL BE ERECTED ON THE OUTDOOR DISPLAY. 5. ANY SWIMMING POOL OR SPA DISPLAYED OUTDOORS MUST BE PROVIDED WITH A CONTINUOUS SURROUNDING BARRIER TO PREVENT ENTRY. 6. OUTDOOR SWIMMING POOL OR SPA DISPLAYS MUST NOT CONTAIN ANY WATER. 7. THE CONDITIONAL USE PERMIT SHALL EXPIRE AUGUST 31, 1998, PER THE BRA. Motion is based on the finding that the proposed outdoor display and sales use is connected with the principal use and limited to no more than 30% of the gross floor area of the principal use; is compatible with the comprehensive plan and the geographical area and character of the surrounding area; is justified by a demonstrated need for such use; and does not substantially depreciate the area in which it is proposed. Motion carried unanimously. 5A December 17, 1999 MONTICELLO Scott and Amy Rolfe Skipper's Pool & Spa 101 West Broadway P.O. Box 1234 Monticello, MN 55362 Re: Use ofHRA lot on West Broadway Dear Scott and Amy: At the Housing and Redevelopment Authority meeting of December 1, 1999, the Commissioners noted debris was being stored on the HRA lot. The Commissioners recalled the HRA granted Skipper's Pool & Spa the use of the HRA lot for display purposes only at no cost. The Commissioners requested the user be notified to remove the debris stored outside on their lot. . On December 10, the City Building Inspector and myself stopped by Skipper's Pool & Spa and spoke with Amy relating to removal of the debris from the HRA lot per the request of the HRA Commissioners. On a follow-up inspection of December 17, the Building Inspector and myself noted the debris still remained on the HRA lot. Per the request of the Commissioners, please remove the stored debris from the HRA lot to conform with the granted use of the property: For display purposes only. Thank you for your inunediate attention of this matter. Should you have any questions, please call me at 271~3208. Respectfully, HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF MONTICELLO, MINNESOTA a~ \<<~(J ~~ Ollie Koropchak Executive Director . c: File Monticello City Hall. 250 E. Broadway, PO Box 1147, Monticello, MN 55362-9245. (612) 295-2711. Fax: (612) 295-4404 5 0- Office of Public Works. 909 Golf Course Rd., Monticello, MN 55362 . (612) 295-3170 . Fax: (612) 271-3272 U ,# 6 4~ January 10,2000 ~."--- ~ MONTICELLO Scott and Amy Rolfe Skipper's Pool & Spa 101 West Broadway P.O. Box 1234 Monticello, MN 55362 Re: Use ofHRA lot on West Broadway Dear Scott and Amy: After our telephone conversation of January 3, 2000, I relayed your message to the HRA Commissioners at their January 5 meeting that two trailers and dismantled display materials covered by a blue canvas remain within the fenced area of the HRA lot along West Broadway. . The HRA Commissioners remain consistent with their original approval which granted Skipper's Pool & Spa the use of the BRA lot for the purpose of display only. They reaffirmed their request for all stored materials to be removed from the parcel. Should you have any questions, please call me at 271-3208. For your information the next BRA meeting is February 2, 2000, 7:00 p.m. at the City Hall, 505 Walnut Street. Sincerely, HOUSING AND REDEVELOPMENT AUfHORITY IN AND FOR TIlE CITY OF MONTICELLO, MJNNESOT A a ~ \< C1\ 0 ,-O-~ Ollie Koropchak Executive Director c: Planning Commission t.-"" File . Monticello City Hall, 250 E. Broadway, PO Box 1147, Monticello, MN 55362.9245. (612) 295-2711 · Fax: (612) 295-4404 Office of Public Works, 909 Golf Course Rd., Monticello, MN 55362 . (612) 295-3170 . Fax: (612) 271.3272 5C/ Skipper's Pools & Spas 101 W. Broadway P.O. Box 1234 Monticello, MN 55362 . Skipper's Pools & Spas D1~~~n"~n FEB 11 2000 U L.::::I February 7, 2000 lIRA Office 505 Walnut Street Suite # 1 Monticello, MN 55362-831 Dear Ollie: I would like to take this opportunity to say Thank You for taking the time to visit our store and bring to our attention the concerns of the lIRA Committee. At this time, I believe we have cleared the area to the satisfaction of the Commissioners. I apologize for not understanding the original use permit and hope we can continue to use the lot in the future for the same use as was originally intended I have submitted a new conditional use pennit application to the City for approval and can be available for any questions the lIRA or the City may have concerning this issue. Should you have any questions please call me at 295-5779 Again, Thank You and please notify me if I can be of any service to the HRA and its staff. . S~12I- Scott Rolfe Owner ~(~,"..".,."..,...,."".,s.,'.,:,.".,..",...".,...,."..,.SFR.."......."..",.,.,.'"":,..,'."..,,...".."',.,,'..,.'.',:..',,',,,..",,',"',.,.,,~l!s~c ;,),::< ,,:"~:':".>':'\::':,<,\:'\:i,,:,i.ii;i';;:';;::,:,.::;' ....................... 5[) .1 . . . SKIPPER'S POOLS & SPAS HRA Motion of March 1, 2000 relative to use of the HRA lot The HRA approved a motion authorizing the HRA Attorney to draft a Lease Agreement between Skipper's Pools & Spas (Scott and Amy Rolfe) and the HRA for the northerly portion of the parcel described as LTS 7 & 8 BLK 52 EX SELY 16.50 FT ofSWLY 90 FT ofLT 8, subject to approval ofthe conditional use permit by the Planning Commission and City Council. Terms of the agreement to include but not limited to: Lease rate equal to costs associated with preparation of the agreement, lease for display purposes only, 60-day right to terminate lease, indemnitication of HRA, six-month lease with termination date as of September 1, 2000, all pools filled with water shall be covered each night, and/or other terms as defined by the Attorney. The motion passed on a three to two vote. Two members voting against the motion were concerned with the HRA's liability due to the three pools for display being filled with water. Scott Rolfe was requested to attend the August meeting of the HRA for an assessment ofthe 6- month use. 6t:- . . . Planning Commission Agenda -03/07/00 6. Public Hearine: _ Consideration of an amendment to the Zoning Map to rezone a oarcel from I-IA. Lie:ht Industrial to R-3. Multiple Family Residential. Apolicant: Gus LaFromboise. (NAC) A. REFERENCE AND BACKGROUND: Gus LaFramboise has applied for a rezoning of property along between 7th Street and Interstate 94. The property is currently zoned I-lA, and abuts an undeveloped industrial parcel to the west, and an apartment complex zoned PlM to the east. There isR-3 zoning to the north across 7th Street. At the edges of zoning districts, there is often no clear dircction as to whether a parcel should be one zone or the other. The issues to consider in this case would be policy and features of the land. The land itself lies at a slightly lower elevation than thc adjoining industrial parcels. In its present state, it would be viewed as being more closely related to the adjoining apartment site in terms oftopography. From a policy standpoint, however, the City has protected its supply of industrial land. The Comprehensive Plan goals list industrial development as a major objective of the City, particularly higher end industry. The property in question has a great deal of freeway exposure, making it an attractive industrial site for many purposes. The freeway exposure tends to degrade the property as a residential property. Intensively developed, an industrial site would likely generate slightly less total traHic than a multiple family project, depending on the type of projects. This aspect may be a benefit to the long-term traffic capacity of 7th Street, especially at the intersection with Highway 25. As a residential site, the property would create a number of issues. The exposure to the freeway is one, as is the continued concentration of higher density housing in a single are of the community. Staff would be concerned about project quality of a multiple family development due to these factors. B. ALTERNATIVE ACTIONS 1. Motion to recommend approval ofthe rezoning from I-I A to R-3, based on a finding that there is adjoining land which is developed in with multiple family residential. 2. Motion to recommend denial of the rezoning, based on a finding that the Comprehensive Plan calls for a preservation of industrial land, and the freeway exposure would negatively impact a multiple family project. . . . Planning Commission Agenda -03/07/00 c. ST AFF RECOMMENDATION Staff does not recommend the rezoning. Although the lay of the land would seem to relate it to the adjacent multiple family residential area more than to the industrial land to the west, there are a number of negatives with residential development along freeways which tend to limit their long-term quality. These negatives are positives for industrial, especially freeway exposure. Because the Comprehensive Plan encourages the protection of quality industrial land, and because freeway exposure is a problem for mnltiple tinnily development, staff recommends Alternative 2. D. SUPPORTING DATA Exhibit A - Zoning Map -' o ::j tl ~ ~ o (.cl :j :;{ >Ll .n U 11 1= Sl ;Z;"'" <> O.g ,f;! ~ eS:~ o ~:;,g ~ ~S.~ ~ 00 ~ u :!J"";~ :5 ~ w w "- '" '" ~ ~--- ~ '" '" '" ~. ~ j '" <J'> .~ ~, --.l -, .-. ......l ~ 1- -- en a.. @ :- ~.. . I .- ~i- :. ',::: I, . ~ . ""'! J 7' - ) ~ cS"= . . . Planning Commission Agenda -03/07/00 7. Consideration of a reQuest to ealI for a public hearine on modifications to the zonin~ ordinance that would enable City staff to initiate zonin!! code amendments. (JO) A. REFERENCE AND BACKGROUND: The current ordinance does not clearly provide City staff with the latitude to introduce a potential ordinance amendment. Currently, Planning Commission, City Counci I, and a property owner have clear authority to request a zoning ordinance amendment. Staff requests that the Planning Commission consider making an amendment to the ordinance which would allow an amendment to proceed directly to public hearing at the initiation of City staff Please note that in thc past, City staff has made a liberal interpretation of thc code and has initiated minor ordinanccarnendments. Enabling staff to initiate ordinance amendments would serve to expedite the amcndment process wherc housekeeping changes to the code are necded. This authority would be employed most oftcn where mistakes are noted in the code such as an obvious inconsistency or oversight, or whcre claritications in the code are needed. It would not be employed for amendments that would be potentially controversial. For such amendments, staff recognizes that it is bettcr to have the Planning Commission or City Council initiate action to change the codc. B. At TERNA TIVE ACTIONS 1. Motion to call for a public hearing on a zoning ordinance amendment that would enable City staffto initiate a zoning ordinance amendment. If the Planning Commission selects this option, the matter will be reviewed at a public hearing at the regular mceting in April. 2. Motion to deny said request. Planning Commission could take the view that the added efficiency does not off-set possible problems associated with potential for poor staff discretion in initiating ordinance amendments. c. STAFF RECOMMENDATION Staffrecommcnds Alternativc 1. D. SUPPORTING DATA Excerpt from the City Code pertaining to initiation of a zoning ordinance amendment. . . . '- 22.2: 4. The character of the surrounding area. 5. The demonstrated need for such use. [E] The Planning Commission and City staff have the authority to request additional inforn1ation from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, said information to be declared necessary to establish performance conditions in relation to all pertinent sections of this ordinance. [F] The City staff shall set a date for a public hearing. Notice of such hearing shall be published in conformance with the state law, and individual notices, if it is a district change or conditional use permit request, shall be mailed not less than ten (10) days nor more than thirty (30) day prior to the hearing to all owners of property, according to the Wright County assessment records, within three hundred fifty (350) feet ofthe parcel included in the request. [0] Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within this ordinance. [H] The Planning Commission shall make a finding of fact and recommend such actions or conditions relating to the request as they deem necessary to carry out the intent and purpose of the ordinance. Such recommendation shall be in writing and accompanied by the report and recommendation of the City staff. [I] The City Council shall not grant a conditional use pennit nor take any action on any zoning amendment until they have received a report and recommendation from the Planning Commission and the City staff or until at least sixty (60) days has passed after the first regular Planning Commission meeting at which the request was considered. [1] Upon receiving the report and recommendation of the Planning Commission and the City staff, the City Council shall place the report and recommendation on the agenda for the next regular meeting. Such reports and recommendations shall be entered in and made part of the permanent written record of the City Council meeting. [K] Upon receiving the report and recommendation of the Planning Commission and the City staff, the City Council shall have the option to set and hold a public hearing if deemed necessary and shall make a recorded finding of fact and shall impose any condition it considers necessary to protect the public health, safety, and welfare. 0..( 2.:> ^;" ">. tAJ.t.^'1\ (S1ro..- U -fo ft AMENDMENTS - INITIATION: The City Council or Planning Commission~ay, ~pon their own motion, initiate a request to amend the text or the district boundaries of this ordinance. Any person owning real estate within the city may initiate a request to amend the district boundaries or text of this ordinance so as to affect the said real estate. 'fA 22/2 MONTICELLO ZONING ORDINANCE . . . Planning Commission Agenda - 03/07/00 8. Consideration of callin!! for a public hearin!! on an amendment to the comprehensive plan that would convert the Gold Nugget residential area to industrial uses. (10) As you know, the Gold Nugget property is identified in the Comprehensive Plan for residential uses. The City adopted the plan that supports residential uses in 1996. During the Gold Nugget site development review process, the MOAA Board membership changed with the new Mayor, and a member of the City Council serving on the MOAA changed his mind regarding residential use of the property. Consequently, the MOAA plan designated industrial, which does not follow the City plan in this area. The land is not developable under circumstances where there is an inconsistency between the MOAA and City plans. Unless one of the Planning Groups switches, the property is undevelopable until the agreement between city and township expires (9 years). The Industrial Development Committee requests that the Planning Commission take another look at the property and determine whether or not it might make sense to shift the zoning to another type or types of uses. Some of the factors to study would include, and not be limited to: 1. Determine potential for development of a road system and truck routes that would not cause conflict with residential and school traffic. 2. Prepare standards for development of sufficient set-backs, building design standards, property elevations and screening requirements that would mitigate impacts on future residential property to the cast across County Road 117. 3. Study cost of development of utility systems necessary to support industrial Llses versus residential. Conduct a cost benefit analysis of industrial versus residential in terms of annual taxes versus cost of services. Include impacts on School District in the analysis. 4. Examine mixing land uses. 5. Identify types of industrial development desired and determine measures or incentives necessary to assure desired development. AL TERNA TIVES 1. Motion to direct the City Planner to conduct a land use study on the Gold Nugget site. Under this alternative the Planner would outline the scope of the study and provide a cost estimate. If budgeted funds are available (likely), the study would commence. . Planning Commission Agenda - 03/07/00 2. Motion to deny said request Planning Commission could take the view that the Comprehensive plan is relatively new and there is no overriding reason to change the land usc therefore we are better off investing planning efforts in other areas. RECOMMENDATION Staff recommends that a study be conducted. The results of the study and the potential public hearing on the issue may serve to provide unified direction with regard to this site, be it for industrial or residential development. SUPPORTING DATA None . .