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Planning Commission Agenda 02-05-2013REGULAR MEETING MONTICELLO PLANNING COMMISSION Tuesday, February 5th, 2013 6:00 PM Mississippi Room, Monticello Community Center Commissioners: Chairman William Spartz, Sam Burvee, Brad Fyle, Charlotte Gabler, Grant Sala Council Liaison: Lloyd Hilgart Staff: Angela Schumann, Ron Hackenmueller, Steve Grittman 1. Call to order 2. Consideration to approve Planning Commission minutes. a. Regular Meeting of December 4th, 2012 b. Regular Meeting of January 8th, 2013 (to be provided when available) 3. Citizen Comments 4. Consideration of adding items to the agenda 5. Consideration of a request for amendment to the Official Zoning Map of the City of Monticello for rezoning from a B -3 (Highway Business) District to a B -4 (Regional Business) District. Applicant: Mickle, Bill 6. Consideration of a request for amendment to the Official Zoning Map of the City of Monticello for rezoning from a B -3 (Highway Business) District to a B -4 (Regional Business) District. Applicant: Northern States Power 7. Consideration to approve a request for Conditional Use Permits for cross - parking and cross - access for a retail use in a B -4 (Regional Business) District. Applicant: Monticello Development Group, LLC 8. Consideration to approve the Official Zoning Map for the City of Monticello Applicant: City of Monticello 9. Consideration to approve Community Development Director's Report 10. Adjourn. MINUTES MONTICELLO PLANNING COMMISSION Tuesday, December 4th, 2012 - 6:00 PM Mississippi Room, Monticello Community Center Commissioners Present: William Spartz, Brad Fyle, Sam Burvee, Grant Sala Commissioners Absent: Charlotte Gabler Council Liaison: Lloyd Hilgart Staff: Angela Schumann, Ron Hackenmueller, Steve Grittman -NAC 1. Call to order Bill Spartz called the meeting to order at 6:00 p.m. and noted the absence of Commissioner Gabler. 2. Consideration to approve Planning Commission minutes of November 7, 2012 COMMISSIONER FYLE MOVED TO APPROVE THE MINUTES OF THE NOVEMBER 7, 2012 MEETING. MOTION WAS SECONDED COMMISSIONER SALA. MOTION CARRIED 4 -0. 3. Citizen Comments None. 4. Consideration of adding items to the agenda None 5. Consideration of Public Hearing — Consideration to approve an Amendment to the Monticello Zoning Ordinance, Chapter 5, Section 3 — Accessory Uses to allow Machinery /Truck Repair & Sales, Auto Repair — Minor, Auto Repair - Maior as Accessory Conditional Uses in the B -3 (Hi2hway Business) District; a Conditional Use Permit for Vehicle Sales /Rental; a Conditional Use Permit for Machinery /Truck Repair & Sales, Auto Repair — Minor and Auto Repair - Minor; Variance to Monticello Zoning Ordinance, Chapter 4, Section 8 - Off - Street Parking Requirements; Variance to Monticello Zoning Ordinance, Variance to Monticello Zoning Ordinance, Chapter 4, Section 1 - Landscaping & Screening Requirements; and a preliminary and final plat for the Maas Addition. Applicant: Maas Automotive /Bedrock Motors. (NAC) Planning Commission Minutes — 12/4/12 Mr. Grittman explained that the project is a series of applications, and the public hearing held will qualify for each of the applications. He briefly reviewed each of the applications and provided an overview of the proposed project itself. The subject site is a parcel previously operated by D and D Bus Company. There are two existing metal buildings on the property. This property was then used by the Hecker dealership. The current applicant proposes to use the site as an automobile dealership, along with a series of related uses. The automobile sales will be the principle use, the accessory uses will be automobile repair, and truck sales and repair. The applicant is hoping to operate on the property as it exists today without making significant improvements. Eventually the applicant is hoping to make longer term improvements. Grittman explained that because the site was abandoned more than a year ago, the site loses its nonconformity rights under the zoning ordinance and also under state statue. Typically, when a parcel has a nonconforming use or nonconforming structures, those are allowed to be continued or allowed to be remodeled, repaired, and even replaced if within a 6 month timeframe. The only limitation is that nonconforming uses are not allowed to be expanded. Once 12 months has gone by, if no permits are filed, and no improvements are done, then the nonconforming rights are lost. In this case, any permits that were granted, any existing nonconforming conditions that were in place at the time essentially are extinguished from the site, and the site is intended to be redeveloped in conformance with the code. Grittman stated that the existing buildings are considered lawful nonconforming but because they have not been removed, the buildings can stay in place. However, to occupy the site, all other conditions of the code are required to be met. And as a result, the applicant is also asking for variances relating to the non - conforming site conditions, particularly landscaping and parking lot curbing. Mr. Grittman indicated that the site is zoned B -3, which is highway commercial zoning district. Amendments to the zoning are necessary to accommodate the accessory auto repair, both major and minor. Those are common accessory uses for automobile dealerships and are currently allowed as principle uses. The other category of amendment the applicant is seeking is for machinery and truck repair and sales. These accessory uses are not allowed in a B -3 district, the applicant is proposing to amend the B -3 district to allow the vehicle machinery /truck uses to the site. Mr. Grittman said staff's recommendation is consistent with the applicant's requests. Staff is recommending that truck/machinery sales and repair be allowed as an accessory use, again by conditional use permit. 2 Planning Commission Minutes — 12/4/12 Mr. Grittman summarized that the principle use of the property would be the automobile dealership, with accessory uses of auto repair, both major and minor, and sales and repair for trucks, machinery, and equipment. Each of these accessory uses, if the Commission recommends amending the ordinance, are proposed to be added as conditional uses, and so the applicant is then asking for requisite conditional use permits that would go along with each of those. The applicant is also seeking variances from the zoning ordinance because the site is inconsistent with the code in terms of landscaping and parking lot improvements - primarily curbing in this case. The applicant is asking for those requirements to be waived by variance. In addition to the use permits, the applicant is also requesting the approval of a preliminary and final plat, which would combine three parcels associated with the site into one. One of the parcels is part of an old right -of -way that was turned back to this property that area would also be used for vehicle display, along the Interstate 94 frontage. The other is a small remnant parcel. The proposal is to re plat these three parcels into a single plat that would accommodate the use. Staff considers this to be correcting an issue that exists on the property now. Mr. Grittman asserts that staff is supportive of the amendments, as staff believes they are consistent with the intent of the B -3 district, code, and Comprehensive Plan. This is a highway- oriented commercial use. The buildings are one of the remaining nonconformities that continue to exist. Normally the code would require an upgrade with the building standards, but because the buildings have not been removed, they are allowed to be reoccupied as they exist. Staff believes the conditional use permits are also appropriate, as the uses are consistent with the code and the Comprehensive Plan. The plat, staff believes is simply a ministerial action. However, staff is recommending against the variance requests. With a variance request, the applicant is required to show that there is a unique condition on the property that creates a practical difficulty to putting the property to use under the ordinance. So the City must find the use is reasonable in the proposed way, and that there is some difficulty with the property that keeps the applicant from complying with the code. The issue here relates specifically to the use of the property without landscaping and curbing improvements. In staff's view, it is very difficult to find why it is not plausible or feasible to comply when it is required of all commercial properties. There does not appear to be anything particularly unique about this property that would set it apart from other commercial parcels. Economic conditions are not to be considered as a principle finding in support of a variance request. As a result, staff is not recommending approval of the variances. Mr. Grittman suggested that the variances are considered separately from the other applications since the commissioners are the Board of Adjustment on the variances. Mr. Grittman closed and asked for questions. Planning Commission Minutes — 12/4/12 Mr. Spartz stated that he is in agreement to address the amendments and the variances individually. Mr. Fyle asked if both parcels have road frontage. Mr. Grittman said the combined parcel will have the frontage, and the plat corrects oddities in the boundary of the property. Mr. Sala asked if there is any reason this property couldn't have been purchased before the one year was up and grandfathered in. Mr. Grittman replied that he does know of any reason why it could not have been purchased, the requirements for nonconformities do not relate to purchase, they relate to use or building activity. Mr. Sala asked if there is any reason that this building couldn't have been used before that time, have they been trying to get this building, and their time ran out before they could. Mr. Grittman replied that he is not aware of that condition. Mr. Sala asked for a clearer definition of truck and machinery. Mr. Grittman replied that the applicant could give the best idea of the full nature of the use proposed. Mr. Spartz asked how long the property has been vacant. Mr. Gnttman responded that it was in the 3 -4 year range. Mr. Spartz asked if the amendment would be to allow auto repair, both major and minor in the B -3 as a conditional uses as they are not currently allowed as either permitted or conditional accessory uses. Mr. Grittman responded that the auto repair is not listed in the list of accepted accessory uses; but it is listed in the list of allowable principle uses. The objective in the amendment is to add them to the list of accessory uses list. Mr. Spartz asked if that would be consistent with the properties that have been there. Mr. Grittman confirmed, and said that the auto dealers have traditionally been auto repair as an accessory use, it seems to be more of an oversight in the code. Mr. Spartz asked about the machinery and truck zoning, in what zoning district would that be an allowable use. Mr. Grittman replied that the truck repair and truck sales would be permitted in the industrial districts. Chairman Spartz opened the public hearing. Ron Maas, Bedrock Motors, 13830 Northdale Blvd, Rogers, addressed the Commission. Mr. Maas also introduced Scott Dahlke, with Civil Engineering Site Design, site engineer. Mr. Maas discussed the background of the company, where, and how the company began, and why he chose to come to Monticello to locate the fourth store. Two years ago, the applicant looked at the property and decided it was going to be one of the target locations. However, after being delayed by others who were interested in the property, they are finally back on track Initially, the intent was to come in and do the best job they could with what is there. Eventually, Mr. Maas stated that it is his intent to come back and use the large grass area, in addition to the 2.9 acre of paved area. Mr. Maas explained that the economic issues on his side are definitely an obstacle. Mr. Maas state that the items referenced and discussed with staff are deal breakers, they wish to occupy the facility in the present condition. Mr. Maas assured the Commission that Planning Commission Minutes — 12/4/12 all facilities are all very nicely run, and that unfortunately, with this one, there are a couple of very large stumbling blocks that he would like to go through by item. Mr. Dahlke referred to Exhibit Z. Starting with item one, it Dahlke noted that the landscaping and curbing are lacking around the perimeter. The property seems to function sufficiently in its current condition; there are no drainage problems that would be benefitted by installing curbing. He stated that the site has functioned for many years in the current condition and that is what the applicant is pushing for, is to continue under that condition. He also explained that it is impossible to install the required landscaping without tearing out existing bituminous. Condition number two requires that the applicant provide evidence that there is adequate water and sanitary sewer service on the property. Here again, Dahlke stated that the applicant is trying to use the property in the existing condition. Right now, water is served by a well on the site. It is not hooked up to city water, there is city sewer that has been extended out of the site, and the way it was set up originally and operated with the previous business there was that there was a meter on the well that gets read and reported to the utility department. That meter reading then determines the sewer billing for the property. Again, the applicant is looking to continue with the same program. Number three talks refers to a grading and drainage plan. Mr. Dahlke indicated that the applicant is again looking at utilizing it as is, as it drains sufficiently. There are no erosion problems, nothing would be corrected or bettered by going through all of this effort. Regarding condition number four and five, Mr. Maas said it is not their intention to have a large facility just for truck repair. Because of the economic changes, he wants to talk about it up front and make sure that if they were to take in a trade or were selling a semi -truck that there would be no problem with it. Their core business is cars and medium and small trucks. He stated that occasionally, there are larger trucks, most of which would be the size of a Penske truck/box truck. Mr. Dahlke stated that the applicant is proposing to use the existing lighting and would therefore object to a requirement to comply with condition six. Condition number 7 addresses sign permits, and the applicant understands that they will go through a formal permit process for signage. Mr. Dahlke indicated that the applicant objects to condition eight, which is a curbing requirement. The existing accesses are wider than 24 feet, they are 30 -35 feet. Mr. Grittman noted that the city engineer can approve a certain size of curb cut. Mr. Dalhke said with their goal of using the property as is, they're not looking to go tear up the access and reconfigure it. Mr. Dhakle stated that the applicant can properly address items nine and eleven, but object to item ten requiring continuous curbing. 5 Planning Commission Minutes — 12/4/12 Mr. Dahlke addressed conditions twelve and thirteen, which deal with repair operations within the building within 600 feet of the residential zone. There is code a requirement that within a 600 foot buffer, no repair can occur within 600 feet of a residential zone. The southerly building is within that 600 foot dimension from those residential properties to the south. Mr. Grittman indicated that it was his understanding from an earlier meeting with the applicant that the primary uses will be held in the building to the north, while at southern building will be used mostly for storage purposes. Mr. Maas indicated that he would indeed like to repair in that south side building. If there were any type of repair done, they would make sure everything was up to code. Mr. Maas also has an issue with prohibiting the doors from being open while repair is going on. The problem lies that in the summer time, it is difficult to convince the technicians to keep the doors closed. Commissioner Spartz asked the applicants to go through, by number, the items in Exhibit Z that they first agree with, and second, the items with which they have contention. Mr. Dahlke stated that the applicant has no issue with items 4,5,7,11, but does have contention with conditions 1,2,3,6,8,9,10,12,13. Mr. Spartz asked for the age of the existing building. Staff and Mr. Fyle responded that it is about 30 years. Council liaison Hilgart inquired about the nature of compliance relative to the re -use of the site and the requirements for other commercial buildings. Planner Grittman confirmed that these are requirements that would apply to the re -use of any commercial site whose non- conformity rights have lapsed. Angela Schumann noted that in any case, many of the conditions would be demonstrated with the final site plan which is required per zoning ordinance. She noted that the applicant will also need a new certificate of occupancy, which would trigger the site plan review. Schumann said they would also ask for site lighting plan, where there are a variety of things that can be done to come into compliance. It could be a change in the fixture head, a change in the light source, the way the light is tipped or focused. Those issues could be worked through to come into compliance. Grading and drainage is a function of site planning. Schumann stated that it is important to note that the prior use was allowed as an interim use. The interim use was extended a number of times, and that interim use was put into place due to the non - compliance with many of these same issues, so that eventually that applicant would need to comply with these same requirements. Mr. Spartz asked if the hook up to city water was a Council consideration. Schumann responded that it is a council consideration, and actually, one of the buildings has adequate sewer service. Schumann said that in the other building, they are currently working through some options with the applicant, there are some options for connection. rol Planning Commission Minutes — 12/4/12 Mr. Spartz indicated that as he was reading through the staff report, the three things that stood out most were the building, the curbing and the landscaping. Spartz pointed out that the parcel is located near a residential area that has had issues with noise before. Mr. Spartz said he thinks Commission would be failing in their job if they failed to recognize that issue. Addressing the noise, Mr. Maas said he has never had one noise complaint at his other stores. Commissioner Spartz asked if anyone else would like to speak on the issue. Hearing no other comment, Commissioner Spartz then closed the public hearing and brought it back to the Commission for discussion. Commissioner Fyle said he was not in favor of anything proposed. He thinks that area needs to be protected and should come into compliance, because there are some high quality buildings adjacent to the site. He said that although this is an existing building, if the applicant came back with a major facelift, going through all the conditions written have down, he would feel differently. He also expressed concern with the truck sales and repair. Both Commissioners Burvee and Sala stated that they did not support the variances as they both have concerns with noise. Commissioner Spartz asked the applicants if there are any time constraints related to their application. Mr. Maas explained that Bedrock's agreement with Chrysler runs out on the 18"' of December. Mr. Fyle asked staff if he were to propose a motion denying all, how his findings might be stated. Mr. Grittman responded that the findings would be in part reflected in the resolution related to the variances, but he would also want to then add some findings that because of the inability to meet the site conditions, that they do not comply with the terms of the zoning ordinance. MOTION BY COMMISSIONER SPARTZ TO RECOMMEND DENIAL OF THE PRELIMINARY PLAT BASED ON FINDINGS MADE BY THE PLANNING COMMISSION IN REGARDS TO THE INABILITY TO PERFORM TO THE CONDITIONS OF APPROVAL FOUND IN EXHIBIT Z. MOTION IS SECONDED BY COMMISSIONER FYLE. MOTION CARRIED 4 -0 The Commission held a brief discussion as related to the grouping of recommendations on the other applications. COMMISSIONER FYLE MOVED TO RECOMMEND DENIAL OF THE ZONING ORDINANCE AMENDMENTS TO ADD TRUCK SALES & REPAIR AS A CONDITIONAL USE AND AUTO REPAIR — MAJOR AND AUTO REPAIR — MINOR AS CONDITIONAL ACCESSORY USES TO THE B -3 ZONING DISTRICT. MOTION SECONDED BY COMMISSIONER SPARTZ. 7 Planning Commission Minutes — 12/4/12 Commissioner Spartz called for discussion on the item. Commissioner Burvee inquired if the motioned addressed the amendments for both auto and truck uses. Commissioner Spartz confirmed. Planner Grittman noted that based on the discussion, the finding of the Commission was that the amendments as proposed in combination required additional research as to their appropriateness for the district. MOTION CARRIED 4 -0. Commissioner Spartz inquired whether the conditional use for Vehicle Sales is already allowed in the B -3 and would be specific then to this application. Mr. Grittman responded that this particular conditional use permit is to sell automobiles as a principal use, it is an allowed use in the B -3 district currently and does not require an amendment. The question for the Commission is whether or not the City would approve a conditional use permit for sales if it meets the conditions of Exhibit Z. COMMISSIONER SPARTZ MOVED TO ADOPT RESOLUTION 2012 -107 RECOMMENDING APPROVAL FOR CONDITIONAL USE PERMIT FOR VEHICLE SALES WITH THE CONDITIONS OUTLINED IN EXHIBIT Z. MOTION SECONDED BY COMMISSIONER SALA. MOTION CARRIED 3 -1, WITH COMMISSIONER FYLE IN DISSENT. COMMISSIONER FYLE MOVED TO RECOMMENT DENIAL OF THE CONDITIONAL USE PERMIT FOR TRUCK SALES & REPAIR IN THE B -3 DISTRICT. MOTION FAILS FOR LACK OF A SECOND. Commissioner Spartz called for clarification from Mr. Grittman as related to the Conditional Use Permits required for both major and minor auto uses. Mr. Grittman stated that while vehicle sales are an allowable principle use in the B -3, auto repair minor and major as accessory uses require the amendment to zoning ordinance. One of the applicants' requests was to add these as accessory uses, which was encompassed as part of decision two. Grittman stated that it would be appropriate for the Commission to consider whether they wish to approve this CUP regardless of the amendment. The Council may take a separate view of the amendment and therefore it is reasonable to take the two options separately. Spartz said he believes the use of the parcel is going to be auto - related. Spartz asked if someone else came to look at the parcel, would they have to bring it to us as a separate amendment. Grittman responded if the amendments are not adopted as part of this application, then some future applicant would have to propose the amendment again. Mr. Grittman responded that he would not say that it was irrelevant, because the Council will be the final decision makers on both the amendments and CUP. Staff's recommendation is that if you did recommend approval, it would go along with the conditions in exhibit Z. N. Planning Commission Minutes - 12/4/12 COMMISSIONER SPARTZ MOVED TO ADOPT RESOLUTION 2012 -107 RECOMMENDING APPROVAL OF THE CONDITIONAL USE PERMITS FOR AUTOMOBILE REPAIR CONTINGENT UPON COMPLIANCE THOSE CONDITIONS SPECIFIED IN EXHIBIT Z. SECONDED BY COMMISSIONER FYLE. MOTION CARRIES 4 -0. In relationship to the conditional use permit for truck sales and repair in the B -3 district, Commissioner Fyle said that he does think it is automotive in the future, and truck and sales and repair are not in that same category. COMMISSIONER FYLE MOVED TO RECOMMEND DENIAL OF THE CONDITIONAL USE PERMIT. MOTION SECONDED BY COMMISSIONER SALA. MOTION CARRIES 3 -1, COMMISSIONER BURVEE IN DISSENT. Mr. Grittman confirmed that the Commission made the finding would be that truck sales and repair was inappropriate for this district and more appropriate in a different district. Commissioner Spartz confirmed. COMMISSIONER SPARTZ MOVED TO DENY THE VARIANCE TO CURBING AND LANDSCAPING REQUIREMENTS BASED ON THE FINDINGS THAT THE VARIANCES IT DID NOT COMPLY WITH EXHIBIT Z AND THE ZONING STANDARDS. MOTION SECONDED BY COMMISSIONER FYLE. MOTION CARRIED 4 -0. Schumann said that this will go to the Council on Monday, December 10. Schumann also said that Planner Grittman also wanted to clarify that the Commission is the board of appeal on the variances so that is a final decision, the applicant has five days by ordinance to appeal denial of the variances. If the applicant chooses to write a written appeal, the appeal will be put on to the Council agenda with the balance of the other requests. 6. Consideration of Public Hearing — Consideration to approve an amendment to the Monticello Zoning Ordinance, Chapter 4, Section 5 — Sims, for regulations pertaining to temporary sims. Applicant: City of Monticello (AS) Community Development Director Schumann stated that the issue of temporary signage is one that has been addressed on numerous occasions by the Planning Commission over the past five years. The Planning Commission has looked for a balance in relationship to business needs, aesthetics, and overall community goals and objectives. Schuman stated that the City currently has an interim ordinance in place for temporary signage. It was adopted in February 2011, and in February 2012, it was extended for an additional year. The interim ordinance allowed city, staff, and the business community to analyze the temporary signage issue, and determine what the effects of temporary signage are, both positive and negative on the community, in particular the business community. At this time, Schumann stated that the Commission is asked to consider recommending repeal of the interim ordinance to the City Council and recommend temporary sign ordinance E Planning Commission Minutes — 12/4/12 amendments consistent with the City's goals for signage as a component of the overall land use policy. Schumann stated that the interim ordinance allows one sign per business for every business and the sign must be located on the parcel on which the business is located. The existing permanent ordinance allows only one temporary sign per parcel. While the interim ordinance allows one sign per business, the stipulation is that those signs must be spaced 75 linear feet apart. The reasoning is two -fold: to avoid visual clutter and to maintain the ability to read or see multiple signs. Schumann stated that the current ordinance allows forty days of temporary sign usage per parcel. Under the interim ordinance an unlimited number of days in the calendar year per business is allowed. A permit is required for all temporary signs, both under the existing and the interim ordinance. Schumann reported that the amendments proposed are based on the analysis completed under the interim ordinance. When the interim ordinance was brought back for review in early 2012, the Commission was given a large amount of data for consideration, including business surveys, corridor images, and feedback from a small business roundtable. Feedback on the ordinance has continued to be solicited from the business community through the assistance of the Chamber of Commerce. Schumann also referred to temporary sign permit data gathered over the past three years, which generally averages between 25 -40 permits per year. Sign violations have also been tracked. Violations were primarily for signs without permit, or signs that were too large, or too numerous on a parcel. Visual observation has been done, particularly of the primary corridors that being Highway 25, and County Road 75. The amendments that are proposed will continue to allow for the extended flexibility allowed under the interim ordinance, as there were some provisions that were found that seem to make sense for the business community and from an enforcement standpoint, and as such, staff is seeking to incorporate those into the ordinance permanently. Schumann noted that the most common feedback on the ordinance was to keep it simple and consistent. Therefore, staff is suggesting that the ordinance provisions continue to treat all temporary signs equally, whether it is a pennant, banner, corrugated plastic sign, or a changeable copy board, remain. This responds to the business community's request for simplicity and flexibility in the type of signage they would like to use depending on the nature of their temporary signs needs at any given time. It also minimizes confusion in administration and enforcement on the City's part. Schumann reviewed the proposed amendment, which would allow one sign per business, spaced every 75 feet apart. The number of days would be increased from forty days under the current ordinance to 150 days. She noted that this would allow temporary sign usage Friday, Saturday, and Sunday, every week of the year. The signage size would be increased, from 32 square feet to 40 square feet and a permit will still be required, with number of days tracked. 10 Planning Commission Minutes — 12/4/12 Schumann stated that the proposed amendments would also allow for one additional flag device for a restaurant business with outdoor seating for a period of up to 150 days on or around the patio seating area. Another expansion would allow one sign per street frontage on non - residential properties when a property is seeking to hire or employ personnel. Schumann then reviewed the current ordinance for temporary signs, noting the existing flexibility for sandwich boards, real estate and window signage. Commissioner Sala inquired about regulations pertaining to those businesses that do not necessarily have a building or parcel for such signage. Schumann responded that those would not be allowed, and are considered off premise signs. Commissioner Spartz asked about the size of the signs in the existing ordinance and why they went from 32 square feet to 40 square feet, and wanted to know what Schumann was using to support that decision. Schumann responded that most of the signs are 4x8, there are certainly places that rent larger signs, but as a staff, we have agreed that 32 square feet for the message boards seems to be sufficient. However, what has been discovered is that typically attached is a small piece to the top or the bottom to allow for a phone number that is usually 8 square feet or less. So, rather than complicate the ordinance further, the allowance was for 40 feet. Commissioner Spartz inquired whether help wanted signage is currently allowed. Schumann responded that businesses can currently use their existing signage allowances for such signs. The proposed amendments adds additionally flexibility specific to that purpose. On grand opening signs, Spartz asked for clarification on the opening of a new business, are there provisions for a re -grand opening. Schumann responded that staff have interpreted the ordinance as opening a new location. Commissioner Spartz opened the public hearing. Sandy Suchy with the Monticello Chamber of Commerce addressed the Commission. She thanked the Commission for looking at the sign ordinance, and stated that they worked very hard with staff and with the business community to develop an ordinance that will work very well for the majority of the businesses. She explained that every business has different needs; they use the signs for different opportunities. Although there are a couple of businesses who are not completely provided for under the amendment, overall, the majority of the businesses are much happier with the signage that is being proposed today. Commissioner Spartz asked if Suchy thinks this will be something that the majority of the businesses can support. Suchy confirmed that yes, she really believes they would and that by providing that information to the business community, the majority of the information that she has received has been that they can support it. Commissioner Spartz closed the public hearing and brought it back up to the Commission for discussion. Commissioner Fyle said the previous sign regulations were in his opinion too 11 Planning Commission Minutes — 12/4/12 restrictive, but the interim ordinance is too lax. His stance is that he would be in agreement to extend the interim ordinance for another year; as these are still difficult times, but not in agreement for an ordinance change to what is proposed today. Commissioner Spartz asked if it was the number days. Fyle said that was a lot of it. Spartz said that this review has been a three year process; several businesses utilized the signs all three years. Spartz stated that he is comfortable with the majority of the proposed regulations, although he has trouble with the for hire piece. He noted that there will never be a one size fits all ordinance for signage, and that it is time to move forward with something that makes sense, is easy to understand and is as consistent as possible. COMMISSIONER SPARTZ MOVED TO ADOPT A RESOLUTION 2012 -108 RECOMMENDING AN AMENDMENT TO MONITCELLO' S ZONING ORDINANCE CHAPTER 4 SECTION 5 FOR TEMPORARY SIGNAGE BASED ON THE FINDINGS OF FACT IN SAID RESOLUTION FOR THE PROPOSED ORDINANCE. MOTION SECOND BY COMMISSIONER BURVEE. MOTION PASSES 3 -1. 7. Consideration of Public Hearing — Consideration to approve an Amendment to the Monticello Zoning Ordinance Chapter 5, Section 3- Accessory Uses to allow Indoor Storage and Office Uses as a Permitted Accessory Use in the B -4 (Regional Business), B -3 (Highway Business), B -2 (Limited Business), B -1 (Neighborhood Business), CCD (Central Community District) and IBC (Industrial & Business Campus) Districts. Applicant: City of Monticello (AS) Community Development Director Schumann reviewed the staff report, stating that this is primarily a housekeeping item which would allow indoor storage in office uses as accessory uses in all of the business districts. Schumann explained that staff had provided a percentage recommendation, just to make sure the balance and ratio is reasonable between principle uses and accessory use. The other component of the amendment would allow office uses as accessory to retail. Almost all businesses have an office component somewhere. Offices are actually permitted uses in most of these districts, so adding it in as an accessory use seems logical. Commissioner Spartz opened the public hearing. Hearing no comment, Commissioner Spartz closed the hearing, and brought it back up for discussion. COMMISSIONER FYLE MOVED TO RECOMMEND APPROVAL FOR ORDINANCE NUMBER 570. MOTION SECONDED BY COMMISSIONER SALA. MOTION CARRIED 4 -0. 8. Public Hearing - Consideration of an amendment to Section 4.1- Landscapin2 and screening to allow and regulate Native Landscapes. Applicant: City of Monticello 12 Planning Commission Minutes — 12/4/12 (Intern EE) Community Development Intern Ellen Eden presented the staff report for the proposed amendment. Eden stated that with widespread increased interest in native prairie treatments, the proposed amendment responds to this interest while at the same time finding a way to place parameters and boundaries to ensure the preservation of the aesthetic quality of Monticello's yards. Eden cited the benefits of adopting such an ordinance, including water conservation, less usage of and in many instances no fertilizers and pesticides, and more choices for residents in selecting landscape and lawn coverings. Native landscaping will also help prevent soil erosion. Currently, Eden indicated that the City's ordinance does not allow for plant growth in excess of six inches in height. While these standards would not on their own prohibit the flexibility to install native treatments as a landscaping option, the City Code also includes public nuisance provisions which would prohibit native lawn coverings. The Public Nuisance ordinance restricts the height of grasses, for example. Eden stated that staff recognizes that native planting areas must be managed in order to avoid nuisance issues. In order for prairie grasses to be allowed, no noxious weeds are to be permitted. In fact, all weeds and turf will be removed in the beginning stages of prairie restoration. Setbacks will be required; a setback of 5 feet is required for side and back yards. A 20 foot setback is required for the front yard. The setback can be reduced to zero if there is: a public park, open space or vacant lot next to the property, if there is an adjacent wetland, pond, lake or stream, if there is a restoration in an adjoining lot, and finally if the property is contained within a solid fence constructed according to zoning guidelines. These setbacks must contain pavement, rock, gravel, wood chip mulch, trees, shrubs, or regularly mowed turf grass. There should be no overhang no encroachment onto sidewalks, curb or street areas; soil erosion must be controlled during the transition period of the restoration. All natural areas must be marked with a sign indicating that a restoration is in progress. Some companies will provide these and are included in the total price, or can be made in house for $35 per sign. All natural areas must be mowed once annually between April 15th and June 1St, to a height no greater than eight inches. It was discussed among staff that although sometimes burning is beneficial every three years, it will not be an option at this time until a plan has been established with the fire department. Eden stated that the ordinance had been structured such that failure to comply with the ordinance shall result in cutting of the vegetation by the City of the designated contractor and the cost will be assessed the property. Prior to registration, landscape plans must be submitted to the Community Development Director for review and approval. The City would not be responsible for damage to landscaped areas resulting from public work improvements or snow removal activities. These guidelines will be clearly stated in the application process. 13 Planning Commission Minutes — 12/4/12 In addition to these basic regulations, staff would recommend an abbreviated registration process, by which residents and or businesses would register their property with the City as a native planting area. Doing so would allow the City to track these locations in a database, allowing staff to respond appropriately to questions about these properties from neighbors or interested parties. Staff would suggest that an ordinance for prairie grass is due and supports an ordinance which provides for native landscapes, while prohibiting lawns or weeds from being left to `go natural.' Staff recognizes the value in planning for the needs of citizens and the environment, while at the same time preserving the visual quality of the City. Staff believes that all three can be accomplished with this ordinance: we can provide a way for citizens to explore and enjoy the benefits of native landscapes, while knowing that it is a water -smart transition. However, regulations will be enforced to ensure quality. Commissioner Spartz how such an ordinance would impact foreclosed properties. The other question he had was if the natural landscapes would be allowed in the back yard and the front yard. Eden responded that both would be allowed, however the setbacks are wider in the front yard, 20 feet, versus just 5 feet in the back yard. Ron Hackenmueller answered about the foreclosed properties that whoever owns it would still have to come forward with a plan and be approved by the Community Development Director, he said he did not see any problems with the foreclosed properties because he would still have to enforce the code for a blighted property. Spartz expressed concern that this would become the new answer for not mowing the yard. Commissioner Spartz opened up the discussion to the public. Schumann suggested one small adjustment to the language proposed - that staff would like to see that percentage higher than 35% allowable per yard, particularly in rear yards, but would defer to the commission's recommendation. Commissioner Spartz closed the public hearing and brought it back up to the commission. Commissioner Fyle expressed concern over neighbors embracing native landscapes. He stated he would be more comfortable with this ordinance if there was a signed contract with a maintenance firm so that there is assurance of no noxious weeds. Commissioner Spartz said that although the City may be moving this direction some day, he does not think they are there just yet. Commissioner Spartz asked if there was anything in the amendment that could be changed to make it more workable. Schumann stated that the setbacks could be increased, restrict native landscaping to a percentage of the front yard, there is a consideration that would call for the approval from the neighbors, and a maintenance provision can be added. Commissioner Spartz indicated he would like to table the ordinance to allow for some of those potential modifications to be brought back for review and possible incorporation. COMISSIONER SALA MOVED TO TABLE THE ACTION ON THE REQUEST PENDING ADDITIONAL INFORMATION AS IDENTIFIED BY THE PLANNING COMMISSION AND THE STAFF REPORT. MOTION SECONDED BY 14 Planning Commission Minutes — 12/4/12 COMMISSIONER BURVEE. MOTION CARRIED, 4 -0. 9. Consideration to review and recommend for the expiring terms of Planning Commissioners and to recommend appointment of Chair and Vice Chair. (AS) Schumann explained that Commissioner Spartz's term is up in December of 2012, but fortunately he has offered to serve another term and in addition Commissioner Spartz has indicated if nominated, he is willing to serve again as chair. Commissioner Fyle also indicated a willingness to continue service as vice chair. Schumann opened the floor to the Commission and their nominations. COMMISSIONER SALA MOVED TO RECOMMEND THE APPOINTMENT OF COMISSIONER SPARTZ FOR A THREE YEAR TERM ON THE PLANNING COMMISSION, AND NOMINATING COMMISSIONER SPARTZ FOR CHAIRMAN AND COMMISSIONER FYLE FOR VICE CHAIR. MOTION SECONDED BY COMMISSIONER BURVEE. MOTION CARRIED, 4 -0 10. Consideration to set a date for the January Regular Planning Commission Meetin.(AS) COMMISSIONER SPARTZ MOVED TO HOLD THE JANUARY PLANNING TH COMMISSION MEETING TUESDAY, JANUARY 8 . MOTION SECONDED BY COMMISSION SALA. MOTION CARRIED, 4 -0. 11. Director's Report Schumann provided an update on the Safe Routes to School program, stating that staff, are working in concert with the school district to develop priorities to develop safe routes to school applications. Schumann stated that they will be looking at in particular the park and pathway plan, noted that there are some gaps in the pathways and those gaps may relate to places where children need to get to school and where the children do not fall within the bussing route. That will be first priority along with safe crossings. In Monticello there are a number of different barriers to safe crossings and to look at every opportunity is essential to fund some of those improvements. Commissioner Spartz whether any other process could have been undertaken to avoid some of the negative discussion and decision on the first hearing item. Schumann responded there is a pre application meeting in which application process and site details are discussed. The meeting walks through all the formalities from the types of fees they will encounter, assessments, utilities, grading /drainage, wetlands, environmental, parks, pathways are all on the list. That is gone through with every applicant. However, once an application is made, the request becomes subject to the public process. The public hearing is the forum for the applicant to provide the 15 Planning Commission Minutes — 12/4/12 Commission with their information and for the City to provide an analysis and decision. 12. Adiourn COMMISSIONER FYLE MOVED TO ADJOURN THE MEETING AT 8:15 PM. MOTION WAS SECONDED BY COMMISSIONER SALA. MOTION CARRIED 4 -0. Recorder: Ellen Eden Approved: January 8th, 2013 Attest: Angela Schumann, Community Development Director 16 Planning Commission Agenda — 02/05/13 5. Consideration of a request for amendment to the Official Zoning Map of the Citv of Monticello for rezoning from a B -3 (Highway Business) District to a B -4 (Regional Business) District. Applicant: Mickle, Bill (AS) Property: Legal: Lot 4, Block 1, Commercial Plaza 25 Address: 1260 Cedar Street Planning Case Number: 2013 -002 REFERENCE & BACKGROUND Request(s): Rezoning the subject parcel from B -3, Highway Business to B -4, Regional Business Deadline for Decision: March 12, 2013, (60 days) Land Use Designation: "Places to Shop" Zoning Designation: B -3, Highway Industrial The purpose of the "B -3" (highway business) district is to provide for limited commercial and service activities and provide for and limit the establishment of motor vehicle oriented or dependent commercial and service activities. Current Site Use: The .94 acre site includes one principal structure of approximately 13,800 square feet. The property is presently unoccupied. Surrounding Land Uses: North: Commercial strip center, zoned B -3 (Highway Business) East: Vacant, zoned B -4 (Regional Business) South: Retail tire sales and service, zoned B -3 (Highway Business) West: Retail pawn sales, zoned B -3 (Regional Business) s Planning Commission Agenda — 02/05/13 Project Description: The applicants wish to rezone the property from B -3 to B -4 to allow a broader mix of commercial uses in the existing building, in particular office and clinic uses. Office uses are conditional under the B -3 and clinic uses are not permitted. The existing building is currently unoccupied. If the rezoning request is approved, the applicant intends occupy the property with a chiropractic clinic. Requirements for Zoning Amendments Chapter 2.4 B (5) Approval Criteria Recommendations and decisions on zoning amendments shall be based on consideration 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. The subject site is guided for commercial use and more specifically, "Places to Shop ". Such guided land use designation is consistent with the site's present B -3 and requested B -4 zoning designation. According to the Comprehensive Plan, "Places to Shop" designate locations are or can be developed with businesses involved with the sale of goods and services. "Places to Shop" also guides land uses that are both local and regional in nature and may include offices for service businesses. In this regard, the rezoning would be consistent with the goals and objectives of the City's Comprehensive Plan. The Commission may recall that as part of the comprehensive revision of the zoning ordinance and map in 2010, the City contemplated the rezoning of much of the B -3 zoned properties south of Chelsea Road to B -4 designations. This discussion was related to the changing nature of commercial development along the corridor from service to a more classic suburban retail format. However, the City elected to allow property owners to make such requests individually. The change from B -3 to B -4 does reflect the City's goals for this area as a retail and professional business corridor. The B -3 district was specifically intended to support automotive - oriented business which relied on access provided by heavy - volume corridors such as that found at the intersection of Highway 25 and Interstate -94. The B -4 District still provides for automotive uses, but requires them by conditional use permit. In Planning Commission Agenda — 02/05/13 addition, the B -4 offers a much broader range of commercial uses as either permitted or conditional uses, which is appropriate for this location. ALTERNATIVE ACTIONS Decision 1: Resolution of Recommendation for Rezoning 1. Motion to approve Resolution 2013 -004 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. 2. Motion to deny Resolution 2013 -004, based on findings of fact identified and recorded at the public hearing. 3. Motion to table action on the request for further study. STAFF RECOMMENDATION Staff recommends approval of the requested rezoning. As noted in the report narrative, the rezoning of the subject property is consistent with the goals and objectives of the City's Comprehensive Plan and appropriate given the emerging development and redevelopment pattern of the area. SUPPORTING DATA A. Resolution 2013 -004 B. Aerial Image C. Application and Applicant Narrative D. Official Land Use Map E. Official Zoning Map F. Excerpts, Monticello Zoning Ordinance: • B -3, Highway Business District • B -4 Regional Business District • Table 5 -1 W� CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION NO. 2013 - 004 Date: February 5, 2013 Resolution No. 2013 -004 Motion By: Seconded By: A RESOLUTION RECOMMENDING THAT THE CITY COUNCIL ADOPTS AN AMENDMENT TO THE ZONING MAP, REZONING FROM B -3, HIGHWAY BUSINESS TO B -4, REGIONAL BUSINESS THE FOLLOWING DESCRIBED PARCEL: LOT 4, BLOCK 1, COMMERCIAL PLAZA 25 WHEREAS, Bill Mickle, as applicant, jointly with ME Properties, LLC as owner, have requested a rezoning of the property named above; and WHEREAS, said property is currently zoned B -3, Highway Business District; and WHEREAS, the applicant proposes that the zoning map be amended to rezone the subject property to B -4, Regional Business District; and WHEREAS, the property is designated as "Places to Shop" in the Monticello land use plan; and WHEREAS, the designation "Places to Shop" accommodates office and related commercial uses as a permitted use; and WHEREAS, the proposed zoning would be consistent with the land use plan; and WHEREAS, the Planning Commission of the City of Monticello finds that the proposed uses of the property will be consistent with the Comprehensive land use plan and proposed zoning district; and WHEREAS, the Planning Commission has conducted a public hearing on February 5, 2013 to review the requests and receive public comment on the rezoning; and WHEREAS, the Planning Commission finds that the applicant has met the requirements for rezoning found in the zoning ordinance; NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Monticello, Minnesota: The Planning Commission recommends that the City Council adopt the zoning map amendment to be identified as Ordinance #572. ADOPTED this 5th day of February, 2013 by the Planning Commission of the City of Monticello, Minnesota. MONTICELLO PLANNING COMMISSION By: William Spartz, Chair ATTEST: Angela Schumann, Community Development Director Consideration to approve a request for amendment to the Official CITY O Monticd Zoning Map of the City of Monticello for rezoning from a B -3 (Highway Business) District to a B -4 (Reg.onal Business) District. 7 4DOft loc. r 1 A d • ...� 0 Themac k 1) el Ito 4 Igo 4 s i • S ! CheI%oa Rd wind,einere Ct* } T f 1 *49; W Dundar, Rd it FIiV "M Monticello CITY OF MONTICELLO Community Development 505 Walnut Street, Suite 1 Monticello, MN 55362 Land Use Application (763) 295-2711 . info,ci.monticello.mn.us I PROPERTY INFORMATION Property Address { CQdoa t- _ 1 3 Property Le al Description Lot e a w ' Pronertv ID Number SS - 63a- Con 1040 , kq5 0 �Ic Owner Name Owner Address Owner Phone /Email ROPERTY OWNER INFORMATION g. To -I &ksa F.ru" UO3 Ql'-' Q ( -I b ) 6a 9 _ f ts. q 7/ S S R4 i Applicant Name APPLICANT INFORMATION $,x{,(_ Owe Mc Conditional Use Permit Applicant Address _ 5 (PI Planned Unit Development Applicant Phone /Email (on) Collaborative APPLICATION —(Check f/ That AepIK _ LAND USE APPLICATION TYPE APPLICATION FEE _ Administrative Adjustment Not applicable . *See escrow statement on reverse. Residential Amendment to Ordinance _ 4 -10 $6,000 Map Amendment (Rezoning) $200 + escr $200 + escrow Text Amendment Comprehensive Plan Amendment $200+ escrow Conditional Use Permit $200 + escrow Planned Unit Development i Collaborative $50 + escrow Concept $200 + escrow Development $200 + escrow Final $50 + escrow Site Plan Review $200 + escrow Sketch Plan Review Not applicable Subdivision Simple Subdivision $200 + escrow Prelimina Plat $300 + escrow Final Plat $50 + escrow Variance $200 + escrow Vacation Easement or Right of Way) $200 + escrow LAND USE APPLICATION PLAN REVIEW ESCROW Commercial 0 -3 Acres T $2,000 *See escrow statement on reverse. Residential 1 unit $500 (single-family) 4 -10 $6,000 2 + units $1000 based + $100 /unit 11+ $10,000 LAND USE APPLICATION FEE & ESCROW CALCULATION Total Fees from Above $ 206 Total Escrow from Above $ "'1000 TOTAL TO BE PAID AT APPLICATION Revised 3/9/2012 Property Owners Statement `.:; am the fee title owner of the described property and I agree to this application. I certify that I am in compliance with all ordinance requirements and conditions regarding other City approval that have been previously granted. (Signature) (Date) Applicant's Statement This application shall be processed in my name and I am the party whom the City should contact regarding the application. I have completed all of the applicable filing requirements and I hereby acknowledge that I have read and fully understand the applicable provisions of the City Ordinances and current policies related to this application and that the documents and information I have submitted are true and correct. w �k / ,#, 1- }U- 13 Applicants Statement Regarding Fees & Escrows acknowledge the Fees & Escrow Purpose explanation below and hereby agree to pay all statements received pertaining to additional application expense and City review. Date) Timeline for Review MN State 15.99 allows a 60 -day review period for final action on a land use application, once that application is found to be complete, unless the City extends the review period and so notifies the applicant. Your request will not be scheduled for public hearing or City review until all required information has been provided and found to be adequate by the Community Development Department. Purpose of Fees & Escrow Fees: The application fees are used for publication of the public hearing notice in the Monticello Times, for postage to mail the required notice to adjacent properties as outlined by ordinance, and recording fees. Escrow: The City uses escrow deposits for staff and consultant time for case review and preparation of documents related to the application. This may include engineering, legal, planning and environmental consultation. Should the original escrow be exceeded, the applicant or responsible party will be billed for all additional services. It is the policy of the City of Monticello to require applicants for land use approvals to reimburse the City for costs incurred in reviewing and acting upon applications, so that these costs are not borne by the taxpayers of the City. These costs include all of the City's out -of- pocket costs for expenses, including the City's costs for review of the application by the City's staff, Consulting Engineer, Consulting Planner, City Attorney, or other consultants. The City will invoice the applicant for these costs within 3 months of final action on the land use application and payment will be due within thirty (30) days. If payment is not received as required by this agreement, the City will proceed on action to assess or lien. Payment of costs will be required whether the application is granted or denied. 0C_r CIVC,ti LWA Application Received Date JAN j 2017 Application Determined Complete Date /By f Application Action Deadline Date 60 0 s 120 Days LWA Property Owner's Statement' — -- r: x I am the fee title owner of the described property and I agree to this application. I certify that I am in compliance with all ordinaptq requireipil and cgriditions regarding other City approval that have been previously granted. yer re) (Date) Applican'_iTStWdW6'nt This application shall be processed in my name and I am the party whom the City should contact regarding the application. I have completed all of the applicable filing requirements and I hereby acknowledge that I have read and fully understand the applicable provisions of the City Ordinances and current policies related to this application and that the documents and information I have submitted are true and correct. 9 x1f ♦ 1 I- Io- 13 Applicant's Statement Regarding Fees &Escrows `. ;,. All I acknowledge the Fees & Escrow Purpose explanation below and hereby agree to pay all statements received pertaining to additional application expense and City review. r JI Ho-(3 Timeline for Review MN State 15.99 allows a 60-day review period for final action on a land use application, once that application is found to be complete, unless the City extends the review period and so notifies the applicant. Your request will not be scheduled for public hearing or City review until all required information has been provided and found to be adequate by the Community Development Department. Purpose of Fees & Escrow Fees: The application fees are used for publication of the public hearing notice in the Monticello Times, for postage to mail the required notice to adjacent properties as outlined by ordinance, and recording fees. Escrow: The City uses escrow deposits for staff and consultant time for case review and preparation of documents related to the application. This may include engineering, legal, planning and environmental consultation. Should the original escrow be exceeded, the applicant or responsible party will be billed for all additional services. It is the policy of the City of Monticello to require applicants for land use approvals to reimburse the City for costs incurred in reviewing and acting upon applications, so that these costs are not borne by the taxpayers of the City. These costs include all of the City's out -of- pocket costs for expenses, including the City's costs for review of the application by the City's staff, Consulting Engineer, Consulting Planner, City Attorney, or other consultants. The City will invoice the applicant for these costs within 3 months of final action on the land use application and payment will be due within thirty (30) days. If payment is not received as required by this agreement, the City will proceed on action to assess or lien. Payment of costs will be required whether the application is granted or denied. GREATORIVER SPINE & SPORT 1 -10 -13 City of Monticello Community Development 505 Walnut Street, Suite 1 Monticello, MN 55362 Phone: 763 -295 -2711 Reason: Land Use Application/ re -zone Dear Angela, I am purchasing the Big Lake Monticello Vet building from Dr. Joel Erickson, property 1260 Cedar Street Monticello, MN 55362, see description on Land Use Application for more details. It is currently classified as a B3 zone for an "animal clinic." The reason for this application is to re -zone the building and property to a B4 zone to allow a "human clinic." If you have any questions or need any further information, please do not hesitate to call. Thank you for your time. Sincerely, Bill E. Mickle, DC, Acupuncturist, EMT Great River Spine & Sport — Owner 135 Sandberg Road Monticello, MN Phone: 763 - 295 -3355 Cell: 651 -238 -2006 Fax: 763 -295 -2208 Great River Spine & Sport 135 Sandberg Road Monticello, MN 55362 763 -295 -3355 763 - 295 -2208 fax Great River Spine & Sport PO Box 277 29th Lake St South Big Lake, MN 55309 763 - 263 -3470 763 - 263 -5900 fax Great River Spine & Sport 13952 First Street Becker, MN 55308 763 -261 -4848 763 -262 -0568 fax r� Legend BASE ZONING DISTRICTS Residential Districts Business Districts Low Residential Densities R -1 - A -D R -2 0 R -A - R -3 R -1 - R -4 Medium Residential Densities - CCD T -N R-2 Industrial Districts I I R -PUD IBC - 1 -1 High Residential Densities - 1 -2 R -3 = M -H OVERLAY DISTRICTS Performance Based Overlay District Special Use Overlay District Mississippi Wild, Scenic & Rec Overlay District Shoreland District � - - - -', Freeway Bonus Sign District OTHER = Water --- - - - - -i -- - - - - -- City of Monticello Official Zoning Map N - W E i S F l wa sir., r ►�1r♦•� Ill "' 09 -05 -➢1 p co — Big L ake S rr. tf2 T sue. ► - 10 ► o Keller Lake - � 6 ,� ,gam► • 14 I x o FF North 106 1 e a r n I f h o N 0 ^ I. p Q I w 0 0.25 0.5 1 Miles �pp c� • - -- -- -��� ^_ ��������� �� tl Data Source: Mu DNR, Sherburne County, Wright k] ■ e � I P ' ': � Le��� - = c eouory, aoawsR &nssooares. N—ber i, 2011 �,� ° '�. � �...� ° 1 Pelrc an Lake Amended by City C—dl Resolution 2011 -92, September 26, 2011 Legend Places to Live iPlaces to Shop iPlaces to Work iPlaces to Recreate iPlaces for Community iDowntown iMixed Use iInterchange Planning Area Urban Reserve iInfrastructure Rivers and Streams SPublic Waters Inventory '.'.'•`�'.... Wetlands (National & Public Waters Inventories) Potential Greenway OPotential Interchange E] Future Bridge ^I Existing Arterial or Collector Road Pro posed A rterial or Collector Road Powerline Monticello City Boundary Orderly Annexation Area Land Use Plan Birch Lake i B �I � � - •. a � �'C tl � ��— BerYraml � - • � a� � � Lake ' to Amended by City C—dl Resolution 2011 -92, September 26, 2011 Legend Places to Live iPlaces to Shop iPlaces to Work iPlaces to Recreate iPlaces for Community iDowntown iMixed Use iInterchange Planning Area Urban Reserve iInfrastructure Rivers and Streams SPublic Waters Inventory '.'.'•`�'.... Wetlands (National & Public Waters Inventories) Potential Greenway OPotential Interchange E] Future Bridge ^I Existing Arterial or Collector Road Pro posed A rterial or Collector Road Powerline Monticello City Boundary Orderly Annexation Area Land Use Plan Section 3.5 (E) B-3 Highway Business District The purpose of the "B-3" (highway business) district is to provide for limited commercial and service activities and provide for and limit the establishment of motor vehicle oriented or dependent commercial and service activities. Base Lot Area 0 No minimum Base Lot Width • Minimum = 100 ft. CHAPTER 3: ZONING DISTRICTS Section 3.5 Business Base Zoning Districts Subsection (E) B-3: Highway Business District Typical B-3 Building Types } AIR Typical B-3 Lot Configuration r' ` _ I City of Monticello Zoning Ordinance Page 109 CHAPTER 3: ZONING DISTRICTS Section 3.5 Business Base Zoning Districts Subsection (E) B-3: Highway Business District . . REQUIRED YARDS (in feet) Max Height (stories Max Floor Area Max Impervious (% Front Interior Street Rear / feet) Ratio (FAR) of gross lot area) Side Side 2 stories All Uses 30 10 20 30 30 feet (Reserved) (Reserved) [1]: Multi -story buildings may be allowed as a conditional use pursuant to Section 2.4(D) contingent upon strict adherence to fire safety code provisions as specified by the International Building Code as adopted in Title 4, Chapter I of the Monticello City Code. Accessory Structures See Section 5.3(B) for all general standards and limitations on accessory structures. 4 ■ Section 3.3, Common District Requirements Other a ■ Section 3.5(B), Standards Applicable to All Business Base Zoning Districts Regulations I ■ Section 4. 1, Landscaping and Screening Standards to Consult m Section 4.5. Signs (not all i ■ Section 4.8, Off -Street Parking inclusive) Section 4.9, Off -Street Loading ■ Section 4.1 I. Building Materials is 20 foot street side yard setback and 30 foot front yard setback z. Hotel as a conditionally permitted use 3. Commercial parking lot broken up by landscaping islands every a4 spaces + 30 foot rear yard structural setback 5. Car dealership lot exempt from vehicular use area landscaping requirements 0.3a foot front yard structural setback Minfmurn lot width of ioo feet 3.10 foot interior side yard setback Page 110 City of i'Vionticello Zoning Ordinance Section 3.5 (F) B_4 Regional Business District The purpose of the `B-4" regional business district is to provide for the establishment of commercial and service activities which draw from and serve customers from the entire community or region. Base Lot Area • No minimum Base Lot Width • No Minimum Typical B-4 Lot Configuration CHAPTER 3: ZONING DISTRICTS Section 3.5 Business Base Zoning Districts Subsection (F) Regional Business District Typical B-4 Building Types IA iD City of Monticello Zoning Ordinance Page CHAPTER 3: ZONING DISTRICTS Section 3.5 Business Base Zoning Districts Subsection (F) Regional Business District TABLE 3-13: B-4 DEVELOPMENT STANDARDS % Fast food restaurants with drive through lanes meeting a 6'setback from the property line z: No minimum or maximum width or depth requirements in the 9-4 district 3- Bix box store with a maximum height of 30 feet without a conditional use permit 4 h9inimum 40 feet ��/'� *"t , • 1 between entry r points, and 6 parkin; bays - -, between landscaping islands that accommodate pedestrians ' 4 M3 czb _ 4JOP 5.25 stall maximum before landscaping islands are required 6. Parking areas may be shared between two uses if approved by a conditional use permit Paws, I I ? City of Monticello Zonin; Ordinance REQUIRED YARDS t feet) Max Height (stories ` Interior Street Front Side Side Rear / feet) Max Floor Area Ratio (FAR) I Max Impervious (% of gross lot area) 2 stories All Uses 0 0 0 0 i 30 feet [ [I] (Reserved) (Reserved) [1]: Multi -story buildings may be allowed as a conditional use pursuant to Section 2.4(D) contingent upon strict adherence to fire safety code provisions as specified by the International Building Code as adopted in Title 4, Chapter I of the Monticello City Code. Accessory Structures ( See Section 5.3(B) for all general standards and limitations on accessory structures. ■ Section 3.3. Common District Requirements Other Section 3.5(B), Standards Applicable to All Business Base Zoning Districts Regulations Section 4.1. Landscaping and Screening Standards to Consult Section 4.5. Signs (not all Section 4.8, Off -Street Parking inclusive) Section 4.9. Off -Street Loading ■ Section 4.1 1. Building Materials % Fast food restaurants with drive through lanes meeting a 6'setback from the property line z: No minimum or maximum width or depth requirements in the 9-4 district 3- Bix box store with a maximum height of 30 feet without a conditional use permit 4 h9inimum 40 feet ��/'� *"t , • 1 between entry r points, and 6 parkin; bays - -, between landscaping islands that accommodate pedestrians ' 4 M3 czb _ 4JOP 5.25 stall maximum before landscaping islands are required 6. Parking areas may be shared between two uses if approved by a conditional use permit Paws, I I ? City of Monticello Zonin; Ordinance CHAPTER 5: USE STANDARDS Section 5.1 Use Table Subsection (A) Explanation of.Use Table Structure PermittedUse Types Conditionally"I" = Interim Permitted • Residential Uses .. -. 5.2(C)(1) Attached Dwelling Types 5.2(C)(2)(a) - Duplex P C 5.2(C)(2)(b) - Townhouse C P 5.2(C)(2)(c) - Multiple -Family C P C P 5.2(C)(2)(d) Detached Dwelling P P P P P P None Group Residential Facility, Single Family P P P P P 5.2(C)(3) Group Residential Facility, Multi -family C C 5.2(C)(3) Mobile & Manufactured Home / Home Park C C P C C 5.2(C)(4) Civic & Institutional Uses Active Park Facilities (public) P P P P P P P P P P P P P P P None Active Park Facilities (private) P P P P P P P 5.2(D)(1) Assisted Living facilities C P C P C 5.2(D)(2) Cemeteries C C C C C C 5.2(D)(3) Clinics/Medical Services C P P P C None Essential Services P P P P P P P P P P P P P P P None Hospitals C P P P C 5.2(D)(4) Nursing/Convalescent Home C C C C C C C C P P P 5.2 D 5 Passenger Terminal C C C C C None Passive Parks and Open Space P P P P P P P P P P P P P P P None Public Buildings or Uses C C C C C C P C C P P P C P P 5.2(D)(6) Schools, K-12 C C C C P C I I 5.2(D)(7) Schools, Higher Education C C None Place of Public Assembly C C C C P C 5.2(D)(8) Utilities (major) C C C C C C C C C C C C C C C 5.2(D)(9) Office Uses Offices P P C P I P P P P 5.2(E) City Zci).7m; Ordinance Page 305 CHAPTER S: USE STANDARDS Section 5.1 Use Table Subsection (A) Explanation of Use Table Structure TABLE 5- 1: USES BY DISTRICT Use Types Permitted Additional ., CI Conditionally]B F1 T Requirement Permitted • r Commercial Uses Adult Uses P P 3.7(K) Auction House C 5.2(F)(2) Auto Repair— Minor C C C P P 5.2(F)(3) Automotive Wash Facilities P C C 5.2(F)(4) Bed & Breakfasts C C C C C 5.2 F 5 Boarding House C 5.2F 6 Business Support Services P P P P P P none Commercial Lodging C P C P 5.2 UF 07 Communications/Broadcasting P P P P 5.2(F)(8) Convenience Retail C P P P 5.2(F)(9) Country Club C 5.2(F�(1 1) Day Care Centers C I C P P P C 5.2 F 12 Entertainment/Recreation, Indoor Commercial p p C C 5.2(F)(13) Entertain ment/Recreation, Outdoor Commercial C C C C C 5.2(F)(I4) Financial Institution P C P P 5.2 F 15 Funeral Services P P P 5.2(U"16 Kennels (commercial) C 5.2 F17 Landscaping/ Nursery Business P 5.2(F�"18 Personal Services C P P P P 5.20(22) Recreational Vehicle Camp Site C 5.2(F)(24) Repair Establishment C P P P P P 5.2(F)(25) Restaurants C P P P C 5.20(26) Retail Commercial Uses (other) P P P P 5.2 Q(27) Specialty Eating Establishments C P P P P 5.2(F)(28) Vehicle Fuel Sales C C C C 5.2 F29 Vehicle Sales and Rental C C 5.2(F)(30) Veterinary Facilities (Rural) C 5.20(31) Veterinary Facilities (Neighborhood) C C C C 5.20(3 I) Wholesale Sales P P P none Page 306 City of Monticello Zoning Ordinance CHAPTERS: USE STANDARDS Section 5.1 Use Table Subsection (A) Explanation of Use Table Structure Industrial Uses COMMUNITYmini Auto Repair — Major Types PermittedUse Exceptions Additional Conditionally. F- 11] F-2 F-3 L "I" = Requirements Interim Permitted I Retail Sales < 10,000 SF P P C C none 5.2 F27 Retail Sales > 10,000 SF C C C P P 5.2(Gl(I ) Bulk Fuel Sales and Storage P P C L-2: NA first floor, 5.2 1`)(2 1 Including Financial Institutions CUP upper floors 5.2 F15 P P 5.2(G)(2) Extraction of Materials I Personal Services P P P P CUP upper floors 5.2(_F)(22) I I 5.2(G)(3) General Warehousing P C C L-2: NA first floor, 5.2(F)(27) C CUP upper floors C P P 5.2(G)(4) Heavy Manufacturing C L-2: NA first floor,CUP 5.2(F)(20) upper floors C 5.2(G)(5) Industrial Services C P 5.2G 8 Land Reclamation C C C C C C C C C C C C C C C 5.2(Gl(6) Light Manufacturing C P P P 5.2(Gl(7) Machinery/Truck Repair & Sales P P 5.2(G)(8) Recycling and Salvage Center C C 5.2(G"9 Self Storage Facilities P C P 5.2 G 10 Truck or Freight Terminal C P P 5.2 G1 1 Waste Disposal & Incineration C 5.2(G)(l 2) Wrecker Services C P 5.2(G)(I 3) TABLE 5- 1 A: CENTRAL Types PermittedUse Exceptions Additional Conditionally. F- 11] F-2 F-3 L "I" = Requirements Interim Permitted I Retail Sales < 10,000 SF P P C C none 5.2 F27 Retail Sales > 10,000 SF P C C none 5.2(U 27� Professional Office -Services P P P C L-2: NA first floor, 5.2 1`)(2 1 Including Financial Institutions CUP upper floors 5.2 F15 L-2: NA first floor, Personal Services P P P P CUP upper floors 5.2(_F)(22) L-3: CUP Retail with Service P C C L-2: NA first floor, 5.2(F)(27) CUP upper floors Commercial Offices —Principal C P P C L-2: NA first floor,CUP 5.2(F)(20) upper floors City of Monticello Zoning Ordinance Page 307 6. Planning Commission Agenda — 2/05/12 Consideration of a request for a rezoning of the former Monticello Dodge property from B -3, Highway Business to B -4, Regional Business. Applicant: Northern States Power Co. (NAC) Property: 3801 Chelsea Road; Lot 1, Block 1 901h Street 2nd Addition Fully developed parcel formerly occupied by car dealership. Building of approximately 40,000 square feet and extensive paved parking/vehicle display area. Planning Case Number: 2013-004 REFERENCE & BACKGROUND Request(s): Rezoning (Zoning Map Amendment) from B -3 to B -4 Deadline for Decision: March 12, 2013 Land Use Designation: Places to Shop Zoning Designation: B -3, Highway Business The purpose of the `B -3" (highway business) district is to provide for limited commercial and service activities and provide for and limit the establishment of motor vehicle oriented or dependent commercial and service activities. Office uses are allowed in the district by Conditional Use Permit Current Site Use: Property is occupied by a 40,000+ square foot building previously utilized as an automobile dealership. The applicant for this rezoning has been utilizing the building under a temporary permit which had expired in 2012. Surrounding Land Uses: North: I -94 East: Automobile dealership South: Vacant commercial property West: Outdoor sports vehicle dealer Planning Commission Agenda — 2/05/12 Project Description: The applicant proposes to use the property for office space, including conference rooms, training space, and computer lab. Office use of this sort is a permitted use in the B -4 zoning district. Ordinance Requirements: For rezoning, the zoning ordinance applies the following standards: (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; or (c) Whether the proposed amendment is consistent with achieving the goals and objectives outlined in the comprehensive plan. Rezoning. The proposal reflects items (b) and (c) relating to the requirements for a zoning map amendment. The changing condition relates to economic factors over the past several years that have led to diminished market for automobile dealerships and automobile - related commercial development. The City may take note that the previous zoning ordinance provided for a broader range of uses in the B -3 District, and that zoning dominated the commercial corridors south on I -94. Since the update to the ordinance, the B -3 district reflects a much more restricted range of uses, and it is not unexpected that this proportion of this district on the City's zoning map would likewise be diminished. This same zoning action has been seen on a variety of other properties in the area. With regard to the comprehensive plan, the land use direction in the plan identifies this area as "places to shop ", a commercial designation that specifically includes uses that are not retail in nature, such as office space. The proposed use is consistent with that designation, and further, is consistent with long range land use expectations for the property along Chelsea Road, both north and south of I -94. While some properties may retain their B -3 designation, there is little conflict between highway commercial and regional commercial uses. Both draw their customers and /or employees from wide areas, as opposed to highly localized service areas. Both benefit from high- exposure sites, and can be high traffic generators. Performance Standards. The proposed use will occupy the existing 40,000 square foot building, and utilize the site as it exists. The property is served by well over 400 parking Planning Commission Agenda — 2/05/12 spaces in the existing parking lot and what was formerly automobile vehicle display. The zoning ordinance would require only about 160 spaces to support the existing building. All other site improvements, including the parking area, are proposed to remain in place as a part of Xcel's permanent occupancy of the site. Those improvements appear to meet the zoning standards. ALTERNATIVE ACTIONS Decision 1: Resolution of Recommendation for Rezoning 1. Motion to approve Resolution 2013 -005 recommending approval of an ordinance that will rezone the subject property from B -3, Highway Business to B -4, Regional Business. 2. Motion to deny Resolution 2013 -005 recommending for a rezoning of the subject property, based on findings to be made by the Planning Commission. 3. Motion to table action on the request, pending additional information as identified by the Planning Commission. STAFF RECOMMENDATION Staff recommends approval of the rezoning as proposed. The proposed zoning is supported by the Comprehensive Plan, and meets the criteria of the ordinance for consideration of such applications. In addition, the proposed use appears to be generally consistent with the applicable standards of the proposed zoning district, and should be compatible with surrounding land uses. SUPPORTING DATA A. Resolution 2013 -005 B. Aerial Image C. Applicant Narrative D. Zoning Map (provided with previous Item 5) E. Comprehensive Plan (provided with Item 5) F. Excerpts, Monticello Zoning Ordinance: (provided with Item 5) • B -3, Highway Business District • B -4 Regional Business District G. Table 5 -1 Wi CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION NO. 2013 - 005 Date: February 5, 2013 Resolution No. 2013 - 005 Motion By: Seconded By: A RESOLUTION RECOMMENDING THAT THE CITY COUNCIL ADOPTS AN AMENDMENT TO THE ZONING MAP, REZONING FROM B -3, HIGHWAY BUSINESS TO B -4, REGIONAL BUSINESS THE FOLLOWING DESCRIBED PARCEL: LOT 1, BLOCK 1, 90' STREET 2ND ADDITION WHEREAS, Northern States Power Company as applicant, jointly with CP Monticello III RE Holdco LLC as owner, have requested a rezoning of the property named above; and WHEREAS, said property is currently zoned B -3, Highway Business District; and WHEREAS, the applicant proposes that the zoning map be amended to rezone the subject property to B -4, Regional Business District; and WHEREAS, the property is designated as "Places to Shop" in the Monticello land use plan; and WHEREAS, the designation "Places to Shop" accommodates office and related commercial uses as a permitted use; and WHEREAS, the proposed zoning would be consistent with the land use plan; and WHEREAS, the Planning Commission of the City of Monticello finds that the proposed uses of the property will be consistent with the Comprehensive land use plan and proposed zoning district; and WHEREAS, the Planning Commission has conducted a public hearing on February 5, 2013 to review the requests and receive public comment on the rezoning; and WHEREAS, the Planning Commission finds that the applicant has met the requirements for rezoning found in the zoning ordinance; NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Monticello, Minnesota: The Planning Commission recommends that the City Council adopt the zoning map amendment to be identified as Ordinance 9573. ADOPTED this 5th day of February, 2013 by the Planning Commission of the City of Monticello, Minnesota. MONTICELLO PLANNING COMMISSION By: William Spartz, Chair ATTEST: Angela Schumann, Community Development Director vol 4s '� ♦ s,1, �- -w /r•� , h a .S eVW, Sapp OF Ow �'! • .r �� a ,''� - I• ' s'Sr �ti e' tr 3 • s • *.. - ro pH. qpuegw - V. E La0 CO L C r - ��... -•- .r -4yfM o r{pry Rd o � hll�tnc #fit* ) V L � � �F- C , O rn CO s � � ) 'C L i O b0 N ) r �% F � � 4 y S 46 k � ,-/ UIN. IP x +s i It' •■ CITY OF MONTICELLO Community Development 505 Walnut Street, Suite 1 Monticello, MN 55362 M Land Use Application o[i.montice!lo.mn us M1 48009 3801 Chelsea Road, Monticello, IHN 'Lot 1, Block 190' Street 2ad Addition ' 155 -128- 001010 Pr Address Property Legal Description Property ID Number Owner Name GP Monticel:o W RE Ho'dco LLC Owner Address 401 S. Old Woodward Avenue, Ste 300,Birmingham Owner Phone /Email 561- 972 -5690 /wmoor @corepointegroup.com Ai licant Name Northern States Power Company Applicarit Address 414 Nicollet Mall, Minneapolis, MN 55401 Applicant Phone/Email (612 330 -1909 / 1 a.m. atxner xcelarter .ee M1 48009 Commercial *See escrow Residential 0 -3 Acres 2000 stotementon 1 unit $500 (single -farnil 4-10, $6.000 reverse. 2 + units 1000 based + 100 unit 11+ $10 ' Revised 3/9/2012 Administrative Adjustment Not aWicable Amendment to Ordinance Map Amendment (Rezoning) $200+escrow Tent Amendment $200 + escrow Comprehensive Plan Amendment $200 + escrow Cond itlonal Use Permit $200 + escrow Planned Unit Development Collaborative $50 + escrow Concept $200 + escrow Development $200 + escrow Final $50 + escrow Site Plan Review $200+escrow Not applicable _ Sketch Plan Review Subdlvlsion Simple Subdivision $200 + escrow $300 + escrow Preliminary Plat Final Plat $50 + escrow Variance $200 + escrow Vacation (Easement or Rfi ht of Way ) $200 + escrow Commercial *See escrow Residential 0 -3 Acres 2000 stotementon 1 unit $500 (single -farnil 4-10, $6.000 reverse. 2 + units 1000 based + 100 unit 11+ $10 ' Revised 3/9/2012 This application shall be processed in my name and I am the party whom the City should contact regarding the application. I have completed all of the applicable filing requirements and I hereby acknowledge that I have read and fully understand the applicable provisions of the City Ordinances and current policies related to this application and that the documents and information I have submitted are true and correct. I acknowledge the Fees & Escrow Purpose explanation below and hereby agree to pay all statements received pertaining to additional application expense and City review. ;ivnafi �rd1 1- Timeline for Review MN State 15.99 allows a 60 -day review period for final action on a land use application, once that application is found to be complete, unless the City extends the review period and so notifies the applicant. Your request will not be scheduled for public hearing or City review until all required information has been provided and found to be adequate bytheCommunity Development Department. Purpose of Fees & Escrow Fees: The application fees are used for publication of the public hearing notice in the Monticello Times, for postage to mail the required notice to adjacent properties as outlined by ordinance, and recording fees. Escrow: The City uses escrow deposits for staff and consultant time for case review and preparation of documents related to the application. This may Include engineering, legal, planning and environmental consultation. Should the origlnai escrow be exceeded, the applicant or responsible party will be billed for all additional services. It is the policy of the City of Monticello to require applicants for land use approvals to reimburse the City for costs Incurred In reviewing and acting upon applications, so that these costs are not borne by the taxpayers of the City. These costs Include all of the Citys out -of- pocket costs for expenses, Including the City's costs for review of the application by the City's staff, Consulting Engineer, Consulting Planner, City Attorney, or other consultants. The City will Invoice the applicant for these costs within 3 months of final action on the land use application and payment will be due within thirty (30) days. If payment is not received as required by this agreement, the City will proceed o n action to assess or lien. Payment of costs will be required whether the application is granted or denied. L� Application Received Date JAN 2012 Application Determined Complete Date/By 1 Application Action Deadline Date Days Daysl 120 Days L� The applicant proposes to purchase the property at 3801 Chelsea Road in Monticello (the "Property "). The Property had previously been used as a car dealership and lies within the B -3 (Highway Business) zoning district. The applicant asks that the Property be rezoned B -4 by extending the adjacent B -4 (Regional Business) zoning district to include the Property, The proposed rezoning is entirely consistent with the City of Monticello's 2008 Comprehensive Plan, which guides the Property and neighboring areas south of Interstate Highway 94 as one of the City's "Places to Shop." The Comprehensive Plan states that these areas are to be used and developed by businesses involved with the sale of goods and services. "Places to Shop may include offices for service businesses," according to the Comprehensive Plan at page 3 -13. Both the B -3 and the B -4 districts are within the "Places to Shop" areas shown in the Comprehensive Plan. The B -3 zoning district is a relatively limited commercial district. According to the zoning code, the B -3 District is to provide limited commercial and service activities. The B -3 district is also specifically businesses that are oriented toward motor vehicles. Office uses are a conditional use in the B -3 district. By contrast, the B -4 zoning district permits a greater variety of commercial and service activities and specifically allows offices as a permitted use. The applicant proposes to use the Property as office space, which will include conference rooms for internal meetings and training and a large computer lab. For these reasons, the applicant asks that the Property be rezoned so that future commercial uses will be permitted under the zoning code, rather than conditional uses. 53016252 Application of Northern States Power Company Map Amendment (Rezoning) 3801 Chelsea Road, Monticello, MN January 11, 2013 The applicant proposes to purchase the property at 3801 Chelsea Road in Monticello (the "Property "). The Property had previously been used as a car dealership and lies within the B -3 (Highway Business) zoning district. The applicant asks that the Property be rezoned B -4 by extending the adjacent B -4 (Regional Business) zoning district to include the Property. The proposed rezoning is entirely consistent with the City of Monticello's 2008 Comprehensive Plan, which guides the Property and neighboring areas south of Interstate Highway 94 as one of the City's "Places to Shop." The Comprehensive Plan states that these areas are to be used and developed by businesses involved with the sale of goods and services. "Places to Shop may include offices for service businesses," according to the Comprehensive Plan at page 3 -13. Both the B -3 and the B -4 districts are within the "Places to Shop" areas shown in the Comprehensive Plan. The B -3 zoning district is a relatively limited commercial district. According to the zoning code, the B -3 District is to provide limited commercial and service activities. The B -3 district is also specifically businesses that are oriented toward motor vehicles. Office uses are a conditional use in the B -3 district. By contrast, the B -4 zoning district permits a greater variety of commercial and service activities and specifically allows offices as a permitted use. The applicant proposes to use the Property as office space, which will include conference rooms for internal meetings and training and a large computer lab. For these reasons, the applicant asks that the Property be rezoned so that future commercial uses will be permitted under the zoning code, rather than conditional uses. 5301625_2 Wright County, MN CObeacon TM Date Created: 1/9/2013 Parcel ID 155018 Alternate ID n/a owner Address n/a Sec/Twp /Rng n/a Class n/a Property Address Acreage n/a District n/a Brief Tax Description n/a (Note: Not to be used on legal documents) Last Data Upload: 1/8/2013 9:01:31 AM .HCL CL JICL JATECL 'CL iwnship Limits cels 40 developed by The Schneider Corporation Schneider www.schneidercorp.com L P L :1884S i F (n LO CN co cq CL _r_ cun) 12 Z 0 Q. z O�C, j z al M ol W z Mjm 'p w,%p. " wX, �@"' 00 1,7 40' or 10 lo 4V'' 4 ..v 0�, #41 *lL W w R �x --------------- M '011aDlIUM 'M PU BOSIENO L098'W9F4-IIV) 0 LO L 00-BE L -541 - 6 LOZ-Z LOE -NIN U w v M '011aDlIUM 'M PU BOSIENO L098'W9F4-IIV) 0 LO L 00-BE L -541 - 6 LOZ-Z LOE -NIN 7. Planning Commission Agenda - 02/05/13 Consideration to approve a request for Conditional Use Permits for cross - parking and cross - access for a retail use in a B -4 (Regional Business) District. (AS) Property: Lot 1, Block 1, Monticello Business Center 4th Addition The site is located east of Cedar Street and south of School Boulevard. Planning Case Number: 2013 -002 REFERENCE & BACKGROUND Request(s): Conditional Use Permits for cross parking and access Deadline for Decision: March 8th, 2013 (60 days) Land Use Designation: Places to Shop Zoning Designation: B -4, Regional Business The purpose of the "B -4" regional business district is to provide for the establishment of commercial and service activities which draw from and serve customers from the entire community or region. Current Site Use: Vacant Property Surrounding Land Uses: North: Vacant, zoned B -4 (Regional Business) East: Commercial retail ( Walmart), zoned B -4 (Regional Business) South: Commercial retail ( Walmart) parking, zoned B -4 and residential M -H (Mobile and Manufactured Home Park) West: Commercial retail, zoned B -4 (Regional Business) Project Description: The applicant has requested conditional use permits necessary to provide required parking and access for the development of a 8,000 square foot retail building. The development site is a .76 acre lot directly adjacent to the Walmart Supercenter site. 9 Planning Commission Agenda — 02/05/13 Analysis: Retail uses are permitted in the B -4 District, therefore the proposed use — a Dollar Tree retail store, is permitted at this B -4 zoned location. The entire development site, including both the Walmart lot and the subject lot, were originally platted as one lot with the Monticello Business Center 3rd Addition. The subject lot was originally intended to serve as a development site for an accessory use to the Walmart retail use. However, in 2007, the property owner platted this area as a separate development parcel under the plat of Monticello Business Center 4th Addition. In both the original and subsequent platting and development review, a shared access point was contemplated for this area. As such, the development of Lot 1, Block 1 of the 4th Addition requires a conditional use permit to allow for the cross access implementation. In addition to the cross access, the site plans submitted by the applicant illustrate a 40 stall parking requirement based on an 8,000 square foot building. The site plan accommodates 34 of the required spaces on site and utilizes 6 additional stalls on the Walmart property to meet code requirements. Thus, the development of the site as proposed requires a conditional use permit for cross parking. Conditional Use Permit Analysis: The zoning ordinance stipulates that recommendations and decisions on conditional use permits for shared parking and access be based on consideration of the following overall CUP criteria. The conditional use will not substantially diminish or impair property values within the immediate vicinity of the subject property; Comment: Compliant. • The conditional use will not be detrimental to the health, safety, morals, or welfare of persons residing or working near the use; Comment: Compliant. • The conditional use will not impede the normal and orderly development of surrounding property for permitted uses predominant in the area; Comment: The subject site is guided for commercial uses. The proposed use is consistent with site guidance and with existing surrounding retail and commercial uses. Planning Commission Agenda — 02/05/13 • The conditional use will not pose an undue burden on public utilities or roads, and adequate sanitary facilities are provided; Comment: Compliant, existing. The development of this site as a commercial use was anticipated and reviewed with previous applications for its impact on roads and utilities. Additional comments related to site - specific utility service are as noted below by the City Engineer. • The conditional use can provide adequate parking and loading spaces, and all storage on the site can be done in conformance with City code requirements; Comment: The building is proposed at 8,000 square feet. No interior floor plan was provided. The code requires 1 parking space per 200 square feet of retail area. A parking calculation based on the 8,000 square feet yields a stall requirement of 40 spaces. The applicant has provided the required 40 stalls, with 34 of the stalls on -site, including the two required ADA stalls. Six stalls are proposed for use on the Walmart site, under the cross - parking agreement. The Walmart site has 1013 stalls, a more than adequate supply to meets its code - required 913 stalls and provide the needed 6 stalls for cross - parking. In addition, the stalls the applicant is seeking to utilize for cross parking are in a location most suited to potential customer use for the Dollar Tree site (beyond those on its own site). However, due to the applicant site's deficiencies in landscaping requirements, discussed later in this report, it is staff's recommendation that two stalls be removed from the north side of the westernmost parking magazine. The zoning ordinance allows parking calculations to be based on an interior floor dimension, with restrooms, office and storage areas calculated at a reduced requirement. Therefore, it is unlikely that the full 40 stalls will be required at build -out. The removal of the two stalls will increase the area available for landscaping at the northwestern corner of the site, and will allow the applicant to meet the code requirement for a 6' perimeter vehicular buffer. In addition, the removal lessens the encroachment into the drainage and utility easement area along the west property line. • The conditional use will not result in any nuisance including but not limited to odor, noise, or sight pollution; Comment: Compliant. • The conditional use will not unnecessarily impact natural features such as woodlands, wetlands, and shorelines; and all erosion will be properly controlled; Comment: Compliant. The applicant has provided a grading and erosion control plan subject to the review of the City Engineer and providing for protection of the existing stormwater pond during and after construction. No other woodlands, wetlands or shorelands are impacted by the project. W1 Planning Commission Agenda — 02/05/13 The conditional use will adhere to any applicable additional criteria outlined in Chapter 5 for the proposed use. Comment: No other criteria are applicable for the retail use. Concurrent with the CUP analysis, a site plan analysis has been completed for the proposed use. Site Design The majority of conditions recommended in Exhibit Zs relate to the site's parking area design. The .76 acre development site design is compact, accommodating the maximum amount of parking stalls on site. The parking field is located at the front of the store, which faces Cedar Street. A 6' sidewalk has been provided directly adjacent to the front entrance. For accessibility purposes, staff would recommend widening the front sidewalk to 8' and the elimination of the parking bumpers. An ADA- compliant pedestrian ramp at the entrance is also required. The widening of the front sidewalk will result in the narrowing of either the parking drive aisles or the length of the stalls in the westernmost parking magazine. A 5' sidewalk also runs along the southern side of the building. At the rear of the building, the applicant proposes to install a curbline closing the current access entry from the Walmart parking field. To eliminate the appearance of a "dead - end" access point, staff would recommend that the applicant work with the adjacent property owner to develop an alternative design, either through curb modifications and /or landscaping. It is also recommended that the development site provide an internal sidewalk connection to an adjacent sidewalk or pathway. Therefore, staff recommends that the site plan be revised to accommodate a connection to the existing sidewalk located on the east side of Cedar Street. Landscaping The applicant has provided for landscaping area at the edges of the site. A planting bed exists on the northwest corner of the site, with two perimeter planting areas provided on the north and south sides of the site. Overall, the landscaping plan is short on required canopy and shrub plantings. Code requirements: Planning Commission Agenda — 02/05/13 As noted earlier, staff would recommend the elimination of two parking stalls at the northwest corner of the site to allow for an expansion of the proposed planting area. In addition, staff recommends the addition of green space area at the northeast corner of the site/building to allow for a taller ornamental or evergreen planting to break up the appearance of the uninterrupted wall on the north building face, visible from School Boulevard. The ornamental trees provided on the site can be used to offset the need for one of the two additional canopy trees required on the site. The species and sizes of landscaping elements proposed meet code requirements. Building Design The building materials are consistent with code requirements. The building exterior is proposed to be constructed of stucco - finish cement board panels with a split -face masonry block base and pre - finished metal roofline caps. The front of the building will include a good deal of window and door glass. Variation to the front entrance and 4 Base Code Perimeter Total Required Total Requirement Vehicular Buffer Provided Canopy 10 ACI per acre* 8 ACI per 100' of 10 ACI 1 tree = 2 ACI Trees = 7.6 ACI buffer length *Must include one evergreen Ornamental None None None 5 trees = Trees Approx. 7.5 ACI Shrubs I shrub per 10' None 35 24 of building perimeter Green None 6' green space 6' provided on space buffer between southwest parking field and corner, none public street provide at northwest corner As noted earlier, staff would recommend the elimination of two parking stalls at the northwest corner of the site to allow for an expansion of the proposed planting area. In addition, staff recommends the addition of green space area at the northeast corner of the site/building to allow for a taller ornamental or evergreen planting to break up the appearance of the uninterrupted wall on the north building face, visible from School Boulevard. The ornamental trees provided on the site can be used to offset the need for one of the two additional canopy trees required on the site. The species and sizes of landscaping elements proposed meet code requirements. Building Design The building materials are consistent with code requirements. The building exterior is proposed to be constructed of stucco - finish cement board panels with a split -face masonry block base and pre - finished metal roofline caps. The front of the building will include a good deal of window and door glass. Variation to the front entrance and 4 Planning Commission Agenda — 02/05/13 roofline is also proposed, breaking up the facade and providing front interest detail. Only the front side of the building contains windows, vertical elements, and roofline variation. However, landscape elements will provide a visual interruption along the south side of the building and cement board color banding is proposed for all building sides. The proposed trash enclosure will be incorporated into the east (rear) side of the building. The door materials of the enclosure have not been specified and as such, staff recommends that the door be constructed of durable, maintenance free materials. The color elevations provided illustrate warm earth tones with gray tinted glass and green color bands. Lighting The plans submitted illustrate only a limited amount of ingress /egress lighting. A photometric lighting plan will be required at building permit to ensure code compliance No parking lot lighting standards are proposed with this application. Signage No free- standing signage is proposed with this application. The applicant indicates an intent to rely solely on wall signage. At this time, the applicant is proposing to utilize the front facade for signage, illustrating a sign of approximately 47 square feet. Based on the exterior elevations, this building is allowed up to 257 square feet of wall signage. All signage is subject to code requirements at the time of sign permit application. Access As noted above, the site gains its access from the northernmost existing access on Cedar Street. This results in a cross - access situation requiring a Conditional Use Permit. At the time of platting and site review for the Walmart development, the access into the proposed Dollar Tree site was set from the internal drive aisle. The site plan proposed utilizes the access configuration as previously reviewed and approved. Drive aisle configuration through the Walmart site also provide additional access points from Cedar Street. As a condition of approval, the applicant will be required to provide a copy of the recorded cross - easement agreement between Lot 1, Block 1, Monticello Business Center 4th Addition and Lot 1, Block 1, Monticello Business Center 3rd Addition. 4 Planning Commission Agenda — 02/05/13 Utilities, Grading and Drainage The City Engineer has reviewed this application. The Engineer's comments are incorporated within Exhibit Z. ALTERNATIVE ACTIONS Decision 1: Recommending Conditional Use Permits for Cross Parking and Access for Lot 1, Block 1, Monticello Business Center 4th Addition Motion to approve Resolution 2013 -006, recommending approval of Conditional Use Permits for Cross Parking and Access for Lot 1, Block 1, Monticello Business Center 4th Addition, based on findings in Resolution 2013 -004. 2. Motion to deny Resolution 2013 -006, recommending approval of Conditional Use Permits for Cross Parking and Access for Lot 1, Block 1, Monticello Business Center 4th Addition, based on findings to be made by the Planning Commission. 3. Motion of other. STAFF RECOMMENDATION Subject to the conditions listed in Exhibit Z, staff recommends approval of the Conditional Use Permits as presented, based on findings included in Planning Commission Resolution 2013 -006. Conditions 1 -6 on Exhibit Z relate specifically to this application. The balance are standard conditions assigned in site plan review. On January 29th, staff had the opportunity to review the staff report findings with the applicant. The applicant has indicated their preliminary intent to comply with the conditions noted in Exhibit Z, subject to design constraints which may occur in relationship to the adjacent property owner. Planning Commission Agenda — 02/05/13 SUPPORTING DATA A. Resolution 2013 -006 B. Aerial Image C. Applicant Narrative D. Site Plan Documents, including: Site Plan Alta Survey Grading Plan Erosion Control Plan Utility Plan Landscape Plan Detail Sheets Color Elevations Z. Exhibit Z - Conditions of Approval Planning Commission Agenda — 02/05/13 Exhibit Z — Conditions of Approval Lot 1, Block 1, Monticello Business Center 4th Addition Conditional Use Permits — Cross Access and Parking 1. Applicant shall revise site plan to include the following modifications: a. Reconfigure curb line on east side of property line, eliminating "dead -end" access. Final design shall provide for adequate drainage from Walmart's parking lot to catch basin in northeast corner of site. b. Provide sidewalk connection from development site to Cedar Street, including ADA compliant curb ramp. c. Provide ADA compliant ramp at front entrance area. d. Widen sidewalk at front of building to 8'. e. Front sidewalk shall be per "Sidewalk Curb South Detail "; eliminate parking bumpers. £ Eliminate two parking stalls in westernmost parking magazine to provide for required 6' perimeter vehicular buffer. 2. Applicant shall revise landscaping plan to accommodate the following: a. Additional green space at rear of building. b. Specify proposed ground cover for all landscaped areas. c. Increase number of shrub plantings and overstory trees to meet code requirements. 3. Aggregate tracking pads must comply with City standard plate 95015. 4. Concrete flume design will result in erosion issues. Downstream energy dissipation measures must be employed. 5. The applicant shall provide a recorded cross - easement agreement between Lot 1, Block 1, Monticello Business Center 3rd Addition and Lot 1, Block 1, Monticello Business Center 4th Addition. 6. Parking area encroachment into drainage and utility easements requires execution of an encroachment agreement. 7. Applicant shall provide a photometric plan for building lighting with building permit application. 8. Final signage package subject to submission and approval of a separate sign permit. 9. Required drainage and utility easements shall be per the recommendation of the City Engineer. 10. Contractor must contact Public Works at 763 - 295 -3170 to obtain utility excavation permits prior to connecting to public utilities. 11. Contractor must contact City Hall at 763 - 295 -2711 to obtain a right -of -way permit prior to working in City -owned right -of -ways. CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA PC RESOLUTION NO. 2013-006 Date: February 5th, 2012 Resolution No. 2013-006 Motion By: Seconded By: A RESOLUTION RECOMMENDING APPROVAL OF CONDITIONAL USE PERMITS FOR CROSS PARKING AND ACCESS FOR A RETAIL USE IN THE B-4 DISTRICT WHEREAS, Monticello Development Group, applicant, in conjunction with Walmart Real Estate Business Trust, property owner, has requested Conditional Use Permits for cross parking and access for a retail use for the property legally described as Lot 1, Block 1, Monticello Business Center e Addition; and WHEREAS, the subject property is zoned `B-4", Regional Business; and WHEREAS, the City requires a Conditional Use Permit for cross access and cross parking; and WHEREAS, such cross access and cross parking shall be reviewed per the criteria outlined by the requirements of the Zoning Ordinance for consideration of Conditional Use Permits; and WHEREAS, the Planning Commission has reviewed the application for Conditional Use Permit pursuant to the regulations of the Monticello Zoning Ordinance; and WHEREAS, the Planning Commission held a public hearing on February 5th, 2013 on the application and the applicant and members of the public were provided the opportunity to present information to the Planning Commission; and WHEREAS, the Planning Commission has considered all of the comments and the staff report, which are incorporated by reference into the resolution; and WHEREAS, the Planning Commission of the City of Monticello makes the following Findings of Fact in relation to the recommendation of approval: 1. The application is consistent with the 2008 Monticello Comprehensive Plan for Places to Shop. 2. The retail use will be compatible with other uses in the area. 3. The retail use will meet both the intent and the specific standards of the zoning ordinance. 4. The use is compatible with the surrounding uses and is not expected to be detrimental to the health, safety, morals or welfare of persons residing near the use. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Monticello, Minnesota: 1. Pursuant to Minn. Stat. §462.357, the application for Conditional Use Permits Cross Parking and Cross Access are hereby recommended to the City Council for approval. 2. The recommendation for approval is subject to those Conditions as follows: a) Applicant shall revise site plan to include the following modifications: • Reconfigure curb line on east side of property line, eliminating "dead-end" access. Final design shall provide for adequate drainage from Walmart's parking lot to catch basin in northeast corner of site. • Provide sidewalk connection from development site to Cedar Street, including ADA compliant curb ramp. • Provide ADA compliant ramp at front entrance area. • Widen sidewalk at front of building to 8'. • Front sidewalk shall be per "Sidewalk Curb South Detail"; eliminate parking bumpers. • Eliminate two parking stalls in westernmost parking magazine to provide for required 6' perimeter vehicular buffer. b) Applicant shall revise landscaping plan to accommodate the following: • Additional green space at rear of building. • Specify proposed ground cover for all landscaped areas. • Increase number of shrub plantings and overstory trees to meet code requirements. c) Aggregate tracking pads must comply with City standard plate #5015. d) Concrete flume design will result in erosion issues. Downstream energy dissipation measures must be employed. e) The applicant shall provide a recorded cross -easement agreement between Lot 1, Block 1, Monticello Business Center 3rd Addition and Lot 1, Block 1, Monticello Business Center 4th Addition. f) Parking area encroachment into drainage and utility easements requires execution of an encroachment agreement. g) Applicant shall provide a photometric plan for building lighting with building permit application. h) Final signage package subject to submission and approval of a separate sign permit. i) Required drainage and utility easements shall be per the recommendation of the City Engineer. j) Contractor must contact Public Works at 763-295-3170 to obtain utility excavation permits prior to connecting to public utilities. k) Contractor must contact City Hall at 763-295-2711 to obtain a right-of-way permit prior to working in City -owned right-of-ways. ADOPTED this 5th day of February 2013, by the Planning Commission of the City of Monticello, Minnesota. MONTICELLO PLANNING COMMISSION William Spartz, Chair ATTEST: Angela Schumann, Community Development Director Project Narrative The proposed project (the "Project ") is the development of an 8,000 SF retail building on the approximately 0.76 acre outlot located at the southeast corner of Cedar Street and School Boulevard in the City of Monticello. The site sits adjacent to northernmost Cedar Street entrance to Walmart. The Project will be leased to and occupied by Dollar Tree Stores, Inc. for the operation of a single price point variety store consistent with Dollar Tree's other retail locations in Minnesota and across North America. It is anticipated that the Project will require 4 -6 full time equivalent employees. The exterior walls of the Project will be a combination of painted split face block and painted masonry as depicted on the enclosed plans and color renderings. It is anticipated that Dollar Tree will install building signage on at least two side of the Project. It is contemplated that the Project shall have access to both School Boulevard and Cedar Street via a permanent easement from Walmart. The easement will be recorded at closing, which is anticipated to occur sometime in March of 2013. The Project will include 34 parking stalls on site. Developer has also secured the right to use 6 additional parking stalls in the Walmart parking lot via a permanent easement to be recorded at closing, thereby achieving an overall parking ratio of 1 stall for every 200 square feet of building area. Developer desires to close on the land in early March of 2013 and begin construction immediately thereafter. 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The map included for review includes all 2012 rezoning actions, including: • Ordinance 9544 — Map Amendment for Rezoning from R -1 to I -1 for Lots 3, 6 and 13, Auditor's Subdivision 91 (corrective map action on Bondhus Tool property) • Ordinance 9553 — Map Amendment for Rezoning from I -1 to B -2 for Lot 1, Block 1, Oakwood Industrial Park (Quarry Church site) • Ordinance #563 — Map Amendment for Mississippi Wild Scenic & Recreational and Shoreland Overlay Districts B. ALTERNATIVE ACTIONS Motion to recommend adoption of the 2013 City of Monticello Official Zoning Map. 2. Motion to recommend tabling of action on the 2013 City of Monticello Official Zoning Map for further study. 3. Motion of other. C. STAFF RECOMMENDATION Staff recommends adoption of the City of Monticello Official Zoning Map as proposed. This draft represents an accurate picture of Monticello's zoning based on a review of all available records. D. SUPPORTING DATA Exhibit A: Resolution 2013 -007 Exhibit B: Proposed 2013 City of Monticello Zoning Map Exhibit C: Ordinances of Map Amendment CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION NO. 2013-007 RECOMMENDING THE ADOPTION OF THE OFFICIAL ZONING MAP FOR THE CITY OF MONTICELLO WHEREAS, the City adopted a Comprehensive Plan in 2008, and; WHEREAS, the 2008 Monticello Comprehensive Plan states that a priority should be given to the review and updating of zoning regulations, and that the vision and objectives of the Comprehensive Plan will not be achieved unless zoning regulations are aligned with the Plan, and; WHEREAS, the Planning Commission believes the Official Zoning Map as proposed balances the interests of the residential, commercial, industrial and public segments of land use. WHEREAS, the Planning Commission has held a public hearing on February 5th, 2013 for the purpose of public review and comment on the Official Zoning Map, and WHEREAS, the Planning Commission believes that the Official Zoning Map attached hereto and incorporated herein is an accurate representation of the land use described by Title 10 Monticello Zoning Ordinance, NOW THEREFORE, BE IT RESOLVED that the Planning Commission for the City of Monticello recommends adoption of the Official Zoning Map for the City of Monticello. ADOPTED BYthe Planning Commission for the City of Monticello, Minnesota on this 5th day of February, 2013. Lo William Spartz, Chair ATTEST: Angela Schumann, Community Development Director O m � G .2 � O N O +r .V V O W Z ji N N U V N N_ y 00 CO OD CD V R _ _ F V � T R V N � O O R d V F CIO y y o O y m N o N £ 0 R y G! y -0 m R R O g a CC W > c i 0 a C7 Z G J n aC Z l0 a Q r cc Z N M a M = C O N c a oe ae Il ae & a ae LU d m S of 3 of V T R V N � O O R d V O N D d y o v m F y U m ri > 0 w •a m N o N £ 0 R y G! y -0 m R R O g a CC W > c i 0 a 0 J 3 of ORDINANCE NO. 544 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE REZONING PART OF LOTS 3 & 6 AND PART OF LOT 13, AUDITOR'S SUBDIVISION NO. 1 FROM R -1 (SINGLE - FAMILY RESIDENTIAL) TO I -1 (LIGHT INDUSTRIAL) PARCEL NOS. 155- 011 - 000031 AND 155 - 011 - 000130 THE CITY COUNCIL OF THE CITY OF MONTICELLO HEREBY ORDAINS: Section 1. The following lots are hereby amended to rezone from R -1 (Single- Family Residential) to I -1 (Light Industrial); Part of Lots 3 and 6, Auditor's Subdivision No. 1 (155 -011- 000031) Part of Lot 13, Auditor's Subdivision No. 1 (155- 011 - 000130) Section 2. The Official Zoning map under Title 10, Section 3.1 of the Zoning Ordinance shall be amended accordingly by adoption of Ordinance #548 to be approved by the Monticello City Council on February 27, 2012. Section 2. This Ordinance shall take effect and be in full force from and after its passage and publication. Revisions will be made online after adoption by Council. Copies of the complete Zoning Ordinance are available online and at Monticello City Hall upon request. ADOPTED AND APPROVED FOR PUBLICATION BY the Monticello City Council this 27" day of February, 2012. ATTEST: City Administrator CITY OF MONTICELLO Clint Herbst, Mayor VOTING IN FAVOR: C1erbSL� �/•�a��, VOTING IN OPPOSITION: Nor] �- der-ra tt,l- , f 9os( s °la-, 54. -p ORDINANCE NO. 553 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE REZONING FROM I -2 (HEAVY INDUSTRIAL) TO B -2 (LIMITED BUSINESS) FOR A PORTION OF LOT 1, BLOCK 2, OAKWOOD INDUSTRIAL PARK .THE CITY COUNCIL OF THE CITY OF MONTICELL0 HEREBY ORDAINS: Section 1. The following lot is hereby amended to rezone from I -2 (heavy industrial) to B -2 (limited business): A portion of Lot 1, Block 2, Oakwood Industrial Park, legally described as follows: Lot 1, Block 2, Oakwood Industrial Park, according to plat on file and of record in the Office of the Register of Deeds, in and for the County of Wright, State of Minnesota, except that part thereof which lies East of a line drawn 3.31.5 feet West of and parallel to the. East line of said lot as measured at right angles thereto, subject to easements, roadways and conditions of record. Caption amended May 27, 1983 at S A.M, to exclude the South 100 feet of the above described tract. Section 2. The Official Zoning map under Tide 10, Section 3.1 of the Zoning Ordinance shall be amended accordingly. Section 2. This Ordinance shall take effect and be in full force from and after its passage and publication. Revisions will be made online after adoption by Council. Copies of the complete Zoning Ordinance are available online and at Monticello City Hall. ADOPTED AND APPROVED FOR PUBLICA TION B Y the Monticello City Council this 12th day of March, 2012. CITY OF MONTICELLO Clint Herbst, Mayor ATTEST: Jef ' ity Administrator VOTING IN FAVOR: Herbst, Hilgart, Perrault, Stumpf VOTING IN OPPOSITION: Posusta ORDINANCE NO. 563 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 10 — MONTICELLO ZONING ORDINANCE OF THE MONTICELLO CITY CODE SECTION 3.7 - ZONING REGULATIONS FOR THE SHORELAND DISTRICT AND THE WILD AND SCENIC RECREATIONAL RIVER DISTRICT THE CITY CO UNCIL OF THE CITY OF MONTICELLO HEREB Y ORDAINS. Section 1. Section 3.7(E) —Wild and Scenic Recreational River District, Title 10 - Zoning Ordinance is hereby amended as follows: 3.7(E) (4) Substandard Lots (c) .,ts . plied with to the greatest e. +e„+ r etle ,1, All sewage -disposal and sewage setback requirements of the shoreland overlay district are met. (e) If in a group of two or more contiguous lots under a single ownership, any individual lot does not meet the lot width requirements of the local regulation, such individual lot cannot be considered as a separate parcel of land for purposes of sale or development, but must be combined with adjacent lots under the same ownership so that the combination of lots will equal one or more parcels of land, each meeting the lot width requirements. of +L.e local regulation, ref e gfe4est o et4 p i cei or . 3.7(E) (6) Allowable Uses The allowable uses in the WSRR overlay district shall be as allowed in Chapter 5 for the underlying zoning classification provided the uses are in conformance with the criteria for Urban River Class Standards in Minn. Rules 6120.3000, 6120.3100 and 6120.3200, and with the criteria for Recreational Rivers in 6105.0100 subpart 3. 33(E) (7) Conditional Uses (b) Any structure(s) associated with a conditional use which is proposed to be located upon steep slopes greater than 12 percent shall adhere to the following conditions: (i) The structure, in a manner judged acceptable by the city, shall be screened from view of the river and adjacent Page I of 8 ORDINANCE NO. 563 shorelands ' udged areeptable by the eity as much as possible assuming summer, leaf -on conditions. (ii) An adequate conforming sanitary sewer and water system can be established on the site. (iii) All provisions of Section 4. 10 Grading, Drainage and Erosion Control are adhered to as part'�oft�he conditional permit. (iv) ifs` ppliea y le, yogetatiy@ and/or .oiei r oa ing p;v""" e obtained for- the proposed us@ in aeserdan@a �Mth-Gity or-dinaneos 3.7(E) (9) Building Height (b) The maximum height of accessory structures shall not exceed 25 15 feet. 3.7(E) (10) Additional Structure and Use Standards (b) Maximum density The maximum density in the WSRR overlay district shall not exceed one dwelling unit per lot v : +1, +r,�v� tie of approved acoesseff dwelling Unit 3.7(E) (23) Notice to the DNR of Proposed Actions within the Wild and Scenic Recreational River District (a) Notification of Proposals (ii) Notifications for ordinance changes and PUDs shall consist of a copy of the proposed ordinance amendment(s), a copy of the proposed PUD, and all other application materials as may be needed by the Commissioner of the Department of Natural Resources or the Commissioner's designated representative to fully understand the proposal. Section 2. Section 3.7(F) — Shoreland District, Title 10 - Zoning Ordinance is hereby amended as follows: 3.7(F) (2) General Provisions (d) Interpretation In their interpretation and application, the provisions of this overlay district shall be held to be minimum requirements and shall be liberally rend construed in favor of the City and shall not Page 2 of 8 ORDINANCE NO. 563 be deemed a limitation or repeal of any other powers granted by State Statutes. 3.7(F) (3) Administration (d) Conditional Uses (i) Evaluation Criteria 2. The visibility of structures and other facilities as viewed from public waters is limited assuming summer, leaf -on conditions; 3.7(F) (4) Shoreland Classification System and Land Use Districts (a) Shoreland Classification System (ii) Lakes 1. Natural Environment Lakes a. Mud Lake (DNR ID: 86 -68 P) Upunamed Wet4a-nd (DNR !D: 96 75-W) 2. Recreational Development Lakes — RESERVED 3. General Development Lakes Umiamed Wetland (DNR !D.! 86 393 W) a. Pelican Lake (DNR ID: 86 -31 P) Unnamed Vilefl a (T)NR rn. 86 67-W) b. Long Lake (DNR ID: 86 -69 P) Holkers Sleugh (DNR 1D: 86 76 W) Unnamed Wetland (DNR !Dt 86 77-W) c. Slough Lake (DNR ID: 86 -78 P) Unnamed We*, NR !D: ,B6 24� Ufmamed Wetland (DNR 19! 86 498 W) 3.7(F) (5) Shoreland Development Standards (b) Lot Standards Tables 3 -23, 3 -24, and 3 -25 list the lot standards for lands within the shoreland district. (i) Structure setbacks shall be measured from the Ordinary High Water L mark (OHW) or the highest known water level; (ii) Lot widths shall be met at both the 014WL OHW and at the required structural setback from the 0143AIL OHW. (iii) Lot area shall be calculated based on land area above the 014W-L- OHW. Table 3 -23 and Table 3 -24: Section (C) Setbacks - Change references from OHW-L to OHW (e) Height of Structures Page 3 of 8 ORDINANCE NO. 563 (ii) Detached accessory dwellings structures shall not exceed fifteen (15) feet in height. 3.7(F) (6) Zoning and Water Supply /Sanitary Provisions (a) Design Criteria for Structures in the Shoreland District (i) High Water Elevations Water - oriented accessory structures may have the lowest floor placed lower than the elevation determined in this item if the structure is constructed of flood - resistant materials to the elevation, electrical and mechanical equipment is placed above the elevation and, if long duration flooding is anticipated, the structure is built to withstand ice action and wind - driven waves and debris, or incorporation of flood openings. (iii) Stairways, Lifts, and Landings Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts must meet the following design requirements; L Stairways and lifts must not exceed four feet in width on v.ertien and plaff e unit r�rayelonments; , 11 lyv V L1 V 11111 V 114.], 2. Landings for stairways and lifts on residential must not exceed 32 square feet in area. T as ings larger- than 3 squafe feet y be anon] . for eemmeroial propei4iec p b.1i 3. Canopies or roofs are not allowed on stairways, lifts, or landings; 4. Stairways, lifts, and landings ffmy shall be either constructed above the ground on posts or pilings, or pl-aee into tho , provided mantner that ensures eenkel e. soil eresio ri and be designed and built in a manner that ensures control of soil erosion in conformance with the requirements of Section 2.4(N); (iv) Significant Historic Sites No structure may be placed on a significant historic site in a manner that of „t.. the . 4aes of the site unless .,, e"a e .f .,ti.. r,b.etA the site has been removed +-..1 .br.n..++-,or.torl Page 4 of 8 ORDINANCE NO. 563 in is- repesitery is inconsistent with State Historic Preservation Offrce regulations. (b) Shoreland Alterations (i) Vegetation Alterations 2. Removal or alteration of vegetation, except for agricultural and forest management uses as regulated in Section 3.7(F)(6)(e)(ii) and 3.7(17)(6)(e) (iii), respectfully, is allowed subject to the following standards: a. Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed. Intensive vegetation clearing for forest land conversion to another use outside of these areas is allowable as a conditional use if an erosion control and sedimentation plan is developed and approved by the soil and water conservation district in which the property is located. b. In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, livesteek watering areas-,-beach and watercraft access areas, and permitted water - oriented accessory structures or facilities, provided that: (ii) Topographic Alterations /Grading and Filling 4. The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals: c. Mulches or similar materials must be used-,where nesossar ;for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible; g. Plans to place fill or excavated material on steep slopes must be reviewed by a qualified professionals Engineer for continued slope stability and must not create finished slopes of 30 percent or greater; (c) Placement and Design of Roads, Driveways, and Parking Areas (i) Public and private roads and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation must be provided by a qualified indi:vidu Engineer that all roads and parking areas are designed and Page 5 of 8 ORDINANCE NO. 563 constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local soil and water conservation district, or other applicable technical. materials. (d) Stormwater Management The following general and specific standards shall apply: (i) General Standards 1. When possible, existing natural drainage ways, wetlands, and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge to public waters. 2. Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site. 3. Stormwater shall not be directed to wetlands without sufficient pre - treatment as approved by the City. 4. When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference must be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and man-made materials and facilities. (ii) Specific Standards 1. Impervious surface coverage of lots must not exceed 25 percent of the lot area. 2. When constructed facilities are used for stormwater management, documentation must be provided by a qualified individual Engineer that they are designed and installed consistent with the field office technical guide of the local soil and water conservation districts. (e) Special Provisions for Commercial, Industrial, Public /Semipublic, Agricultural, Forestry and Extractive Uses, and Mining of Metallic Minerals and Peat (ii) Agriculture Use Standards 1. General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore and bluff impact Page 6 of 8 ORDINANCE NO. 563 zones are maintained in permanent vegetation or operated under an approved conservation plan (Resource Management Systems) consistent with the field office technical guides of the local soil and water conservation districts or the United States Soil Conservation Service as provided b=ra lifie The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high water level. 3.7(F) (8) Special Provisions for Subdivision and Platting in Shoreland Districts (c) Information requirements. Sufficient information must be submitted by the applicant for the community to make a determination of land suitability, The information shall include at least the following: (i) Topographic contours at ten -foot intervals or less from United States Geological Survey maps or more accurate sources, showing Iimiting site characteristics; (ii) The surface water features required in Minnesota Statutes, section 505.02, subdivision 1, to be shown on plats, obtained from United States Geological Survey quadrangle topographic maps or more accurate sources; (iii) Adequate soils information t" determine r. 4ab lily r "r 1,uikl ng and on site sewage treatment eapabilities for- every lot ftem the .,l beri g .,efeelatio,, forts or other m ethod from field investigations such as soil borings, percolation tests, or other methods to determine suitability for building and on -site sewage treatment capabilities for every lot; Section 3. Section 8.4 — Definitions, Title 10 - Zoning Ordinance is hereby added or amended as follows: STEEP SLOPE: Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of the ordinance. Where specific information is not available, steep slopes are lands having average slopes over 12 percent, as measured over horizontal distances of 50 feet or more, which are not bluffs. WETLAND: (C) Wetlands do rte# include public waters wetlands and publie WeAers unless reclassified as wedands shoreland by the Commissioner of the Department of Natural Resources under Minnesota Statutes, section 103G.201. Page 7 of 8 ORDINANCE NO. 563 Section 4. This Ordinance shall take effect and be in full force from and after its passage and publication. Revisions will be made online after adoption by Council. Copies of the complete Zoning Ordinance are available online and at Monticello City Hall. ADOPTED BY the Monticello City Council this 10th day of September, 2012. CITY OF MONTICELLO Clint Herbst, Mayor ATTEST: Jeff eill, City Administrator VOTING IN FAVOR: HERBST, HILGART, PERRAULT, POSUSTA VOTING IN OPPOSITION: NONE ABSENT: STUMPF Page 8 of 8 Planning Commission Agenda: 02/05/13 9. Communitv Development Director Report. (AS) Cornerstone Cornerstone has closed on the former Ford dealership site and has submitted an application for building permit for their building improvements. R -3/R -4 The City Council unanimously adopted the proposed amendments for the R -3 and R -4 Districts on Monday, January 28th. The amendments will be published and become effective in February. Economic Development Chapter — Comp Plan Staff met with HKGi to review the preliminary data gathered for updating Chapter 2 of the Comprehensive Plan. HKGI has used a variety of resources to update the chapter's information on population, age, income, employment, etc. They have also developed a strategy for incorporation of relevant data from the Business Retention & Expansion study and McCombs downtown market study. HKGi will present the data and discuss its relationship to the Economic Development Chapter with the small group of EDA, IEDC and Planning Commission members in February. A packet of materials, including the draft revision of Chapter 2 and current Chapter 4 with discussion points, will be sent next week. Planning Commission's representatives to that committee are Bill Spartz and Charlotte Gabler. The date for the meeting has been set for Thursday, February 14th. Staff is looking for a recommended meeting time. Embracing Downtown & reStoreing Downtown Relocation of tenants continues to progress on Block 34. Three tenants remain in the building and staff and the City's relocation expert, Wilson Development Services, continue to work toward their relocation. The City has learned that the State of Minnesota will contribute $450,000 to the CSAH 75 /TH 25 intersection improvements. This funding would be required to be utilized on or before FY2015. Wright County has also indicated that they would be willing to contribute an amount of funding equal to the cost of a street overlay for CSAH 75 in the project area. In addition, the City will find out in February whether it was successful in its third attempt at federal grant funding for the project. The need to complete improvements at the intersection Planning Commission Agenda: 02/05/13 will impact how quickly the Montgomery Farms buildings are demolished. This in turn, impacts the tools and resources available for private redevelopment projects. The EDA will be holding a 2013 -2014 workplan session in February and the redevelopment of Block 34 and timing of intersection improvements will be a priority topic for discussion. The reSTOREing downtown effort continue to push forward. The group launched its website in January. Planning Commission can follow the group's efforts at www.reSTOREinizdtmonticello. oro Economic Development Position The City Council and EDA met in a joint workshop on January 28th to discuss the next steps in hiring for an economic development position for the City. The City Administrator has proposed re- focusing the position towards external sales and marketing for the City. The intent would be to put a strong emphasis on lead development and prospecting outside the community with the intent of attracting business and jobs to the community. The EDA and Council indicated some support for the idea, but requested that staff prepare and bring back for review the following information: 1. Job description - other cities or entities with similar positions 2. Impact on budget - pay range, potential expenses, etc. J Performance measures - how to determine success? What combination of factors? Under this plan, the City Administrator, Community Development Director and Finance Director would continue to support the internal economic development functions of the City. Transportation Updates The City is completing the feasibility report for the completion of 7th Street West from Minnesota to Elm Street. The project is tentatively scheduled for summer 2013, pending Council approvals and agreements with adjacent property owners. MnDOT will be completing an expansion of TH25 top four lanes south of Kjellberg's Mobile Home Park in 2014. The expansion will include a reconfiguration of access points along the highway from Kjellberg's to Cty. 106. In addition, MnDOT will be signalizing the TH25 and 106 intersection with the project. In 2014, MnDOT will also be working on I -94 to complete an additional lane between CSAH 18 and TH 25 exits to accommodate exiting and entering interstate traffic between the two interchanges, as well as an acceleration land onto eastbound i -94 from the TH 25 ramp. 2