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Planning Commission Agenda 07-06-2010 AGENDA MONTICELLO PLANNING COMMISSION Tuesday, July 6th, 2010 6:00 PM Mississippi Room, Monticello Community Center Commissioners: Rod Dragsten, Charlotte Gabler, Lloyd Hilgart, William Spartz, and Barry Voight Council Liaison: Susie Wojchouski Staff: Angela Schumann, Ron Hackenmueller, Steve Grittman – NAC 1. Call to order. 2. Consideration to approve the Planning Commission minutes of February 3rd, 2010, May 4th, 2010, June 1st, 2010 and June 8th, 2010. 3. Citizen Comments. 4. Consideration of adding items to the agenda. 5. Public Hearing – Consideration of a request for Amendment to Conditional Use Permit for Planned Unit Development for Open & Outdoor Storage for Car Rental Facility. Enterprise Leasing Company of MN, LLC 6. Consideration of a request for extension of a Conditional Use Permit for Amendment to Planned Unit Development for a retail commercial development at Monticello Travel Center 2nd Addition. Applicant: Mielke Bros., LLC 7. Monticello Zoning Ordinance Revision – Comment Review and Update 8. Community Development Director’s Report. 9. Adjourn. MINUTES MONTICELLO PLANNING COMMISSION Tuesday, February 3rd, 2009 6:00 PM Commissioners: Rod Dragsten, Charlotte Gabler, Lloyd Hilgart, William Spartz, and Barry Voight Council Liaison: Susie Wojchouski Staff Angela Schumann, Gary Anderson, Steve Grittman — NAC 1. Call to order. Chairman Dragsten called the meeting to order and declared a quorum of the Commission, noting the absence of Commissioner Hilgart and the presence of Council Liaison Wojchouski. 2. Consideration to approve the Planning Commission minutes of January 6th 2009 and Planning Commission and City Council Sign Workshop minutes of January 6th 2009 Community Development Director Schumann indicated that the minutes of January 6th, 2009 would be provided at an upcoming meeting. MOTION BY COMMISSIONER SPARTZ TO APPROVE THE MINUTES OF THE JOINT PLANNING COMMISSION AND CITY COUNCIL WORKSHOP OF JANUARY 6th, 2009. MOTION SECONDED BY COMMISSIONER VOIGHT . MOTION CARRIED, 4-0. 3. Citizen Comments. NONE. 4. Consideration of adding items to theage da NONE. Public Hearing - Consideration of amendment to the Monticello Comprehensive Plan for the adoption of Chapter 6: Transportation Plan Applicant: City of Monticello Community Development Director Schumann introduced the Transportation Plan, noting that the State Statute allows for the Planning Commission's review of the Transportation Plan during a public hearing. She noted that if adopted, the Plan becomes Chapter 6 of the Monticello Comprehensive Plan. A supermajority of the City Council will be required to adopt the plan formally as part of the Comprehensive Plan. Planner Grittman indicated that a staff report had been prepared as an introduction to the document, summarizing the contents of the plan to serving to aid the Commission frame their recommendation. A proposed resolution had also been prepared in the event that Commission is prepared to recommend adoption of the Plan. Grittman stated that staff's recommendation is for adoption of the Transportation Plan. One particular aspect of the plan that staff focused on was Highway 25. Grittman noted that the Planning Commission had spent quite a bit of time discussing Highway 25 during the Comp Plan process, and this plan outlined options for alleviation of the current and future congestion. Staff is recommending a further study of roundabouts as the preferred option, as staff believes roundabouts provide the best alternative to solving multiple corridor issues over the long term. Grittman noted that multiple jurisdictions will be involved in the ultimate decision. The goal for staff was to encourage further detailed study of roundabouts for the corridor. The other major issues staff has reviewed relate to river crossings, a third interchange location, and overall transportation system function. City Engineer Bruce Westby thanked the Commission and emphasized the Transportation Plan is designed to assist the Commission, Council, property owners and developers as a decision-making document in transportation. It is a planning document, and as such it does not have a specific set of measures that has to be implemented in a certain order within a certain timeframe. Westby turned the detailed presentation of the plan over to Chuck Rickart of WSB & Associates, the plan preparer. Rickart stated that the primary purpose of the plan is to provide technical guidance to policymakers and staff on transportation issues within the community. Although it is not specific, it does provide a foundation for future transportation decisions. It also provides the ability for coordination between neighboring communities. The overall objective is to accommodate growth through transportation. This is achieved by maintaining access for business in both motorized and non -motorized traffic and doing so efficiently. Rickart stated that the previous transportation plan provided a basis for this preparation. From there, the recently adopted Monticello land use plan was incorporated, as well as long range plans from Big Lake. This was done to be able to review river crossing projections. The next step was to update traffic projections based on the long range documents. Rickart indicated that the plan provides a basic analysis of existing conditions in terms of what is there today and what issues exist. Then, the plan analyzes future roadway access, non -motorized traffic, transit, aviation and goods movement, and finally funding. Dealing specifically with Highway 25, engineering staff understood through the Comp Plan that Highway 25 was perhaps the largest single issue to be addressed by the Transportation Plan. Rickart stated that existing traffic at the river crossing is 27,500- 35,000 vehicles per day. At 2030, approximately 45,000 vehicles per day are projected. 2 Rickart outlined the Transportation Plan's analysis of possible improvements to deal with this volume. Rickart reviewed short term improvement options. The first option was signal timing modification implementation. Rickart stated that with other recent improvements, signal timing could be improved in the corridor. Second, adding turn lanes could help improve the capacity of the corridor, primarily at 7t' Street, I-94 and Broadway intersections. Third, the study looked at access modifications, such as closing off side street access in certain locations, concentrating access at Broadway, 4t' and 7th Streets. Signals could be 'placed at these intersections as part of this. The plan also looks at roundabouts in lieu of signals. In a scenario including roundabouts, similar to access modification at 4t', 7t' and Broadway, traffic would be concentrated to roundabouts at those intersections. Rickart noted that the study indicates that roundabouts illustrate the largest long term benefit and improvement to the corridor. Rickart also reviewed long-term solutions for the Highway 25 corridor congestion, including looking at a one-way pair option. Rickart described the function of one-way pairs. Ultimately, over the long-term, the options illustrating the most improvements to the corridor include a second river crossing and an additional western interchange to pull traffic to other routes. Rickart noted that timelines illustrated in the plan assume normal funding cycles for Mn/ DOT and typical project development. Improvements can move forward if funding situations change. Rickart reviewed the Highway 25 corridor improvement options in greater detail. In discussing signal timing changes and turn lane improvements, Rickart stated that as part of an upcoming mill and overlay project on Highway 25, Monticello work with Mn/DOT to add turn lanes as noted in the plan. For the medium term, access modifications such as median extension with signal additions or roundabouts could be implemented. A lot of these things could also take place timed with development. Rickart noted that again, although these improvements do have an overall improving impact on the corridor, the long term issue is that 45,000 vehicles will still be traveling Highway 25 and crossing the river. In order to mitigate delays due to that traffic, the options for alleviating problems at the river are to add an additional lane, a one-way pair, an additional river crossing and another interchange, or a combination of those improvements. In terms of interchanges and overpasses, Rickart stated that the Fallon Avenue overpass has been identified in previous plans. This plan assumes completion of that overpass in 2030. The Federal Highway Administration has indicated that prior to construction of any other interchange west of Highway 25, the Fallon Avenue overpass is required to be completed. It is estimated that about 11,000 cars would use that overpass. This plan anticipates up to two interchanges west of Highway 25, Rickart reported. These could be located anywhere between County Road 39 and Orchard Road and would divert about 6,000 cars per day from the Highway 25 corridor at I-94. However, eventually, that traffic would still find its way back to Highway 25 to cross the River. In short, these improvements would not impact the river crossing, but would improve functionality of the Highway 25 corridor. Rickart explained that river crossing options reviewed in the plan include a one-way pair with a corresponding river crossing or the widening of an existing bridge. These options would require improvement to the interchange at 1-94. Rickart commented that staff had noted that the primary issue with a one-way pair is the creation of two high-volume barriers within the downtown. This creates problems for east -west traffic movements and pedestrian crossings. The Transportation Plan also reviews three additional river crossing locations. The first was at Orchard Road, connecting to Sherburne County Road 11. It is estimated that this crossing would see a traffic volume of 11,000 vehicles per day, and would divert approximately 7,000 vehicles out of the 45,000 crossing at Highway 25. With a possible County Road 11 interchange at I-94, it would also create a regional connection. Rickart suggested that the negative could be that the growth areas are on the other sides of the community at this time; this option would most likely not serve immediate growth areas. The second river crossing option was at Washington Avenue, connecting to Sherburne County 14. This option would see a traffic volume of 22,000 vehicles per day, and divert 16,000 vehicles out of the 45,000 in 2030. Although this route would not be a direct connection to I-94, it would align with the Fallon Avenue overpass. This would be a purely local connection providing access for local population. However, it would carry a significant amount of traffic. It also serves the growth area of south Monticello and Big Lake. The third option was a river crossing aligning with the interchange at CSAH 18. This crossing would carry 18,000 cars and divert about 10,000 trips from Highway 25. Primarily, the issue with this crossing is that it gets closer to the proposed Otsego crossing. The spacing then becomes unlikely to create as large of an impact on Highway 25 traffic, Rickart stated. It does provide a little bit more regional impact connecting to Highway 14 and directly to the existing interchange at CSAH 18. Rickart then explained that other item reviewed in detail within the plan included the collector roadway network. The expansion of this network includes extensions of School Boulevard west of Highway 25 to County 39, the extension of 7th Street west to eliminate the existing gap and improvements to 85th Street south of School Boulevard. Rickart also discussed completion of the north frontage road or 95th Street, which uses existing right of way from the old interstate ramp. He stated that other north -south and east -west minor collector improvements are also identified to improve the overall roadway network. For non -motorized transportation, Rickart stated that two plans were created within the plan. The first is a local plan identifying trail, sidewalk and on -road paths. The second connects those local systems to a regional plan. The creation and coordination of these two plans ensures non -motorized connections are provided. Rickart noted that the plans use the recently completed Natural Resource Inventory & Assessment as a foundation for trail opportunities. He commented that the non -motorized plans were developed with the Parks Commission with assistance from City Administrator O'Neill and Schumann. 0 In terms of transit, Rickart indicated that the plan discusses the existing park and ride facility along south Highway 25 and the existing service provided by RiverRider. The study did look at possible connections to the Northstar commuter rail service in Big Lake. Working with River Rider, it was determined that the primary obstacle to expansion of transit service to Northstar is the bottleneck at Highway 25. River Rider has commented that getting across the river in bus is no different than in a car in terms of congestion. Rickart suggested that a future river crossing could change that scenario. The other connection reviewed within the plan was to connect to the Metro system coming out of Maple Grove. Again, the drawback is funding sources. Rickart relayed that River Rider indicated that they are able to acquire only so much funding for service design. Providing a metro connection would take almost their whole budget. They have commented that if their budget expands, they would also consider a system expansion. Rickart summarized the plan's analysis of funding and financing. He stated that the plan envisions that the City will work with Wright and Sherburne Counties and the State wherever possible. He reported that a regional coalition has been formed to review river crossing alternatives, as the more involved with surrounding communities for solutions, the more likely Monticello is to gain funding support. Rickart stated that federal funding exists and cycles will be coming up; Monticello will work with Mn/Dot to get some projects into the funding priority list. The other option for improvements funding is through local assessments. Rickart cited CSAH 18, which was built with a local assessment program. Rickart concluded by outlining the next steps, which include the incorporation of public hearing comments. Staff will bring those comments, along with results of meetings with outside agencies, forward to the City Council. He reported that staff is looking at Council adoption in March of this year. Engineer Westby clarified that when staff discusses a recommendation as related to roundabouts, staff is recommending a detailed study on the level of service these types of improvements would provide to the corridor. In short, the goal would be to provide a much better foundation of knowledge before recommending that the City move forward with an actual implementation alternative. Westby also introduced the outside agency representatives present, including Terry Humbert with Mn/DOT, John Mentor, the Sherburne County Public Works Director, and Wayne Fingalson, Wright County Highway Engineer. Chairman Dragsten inquired if all of the Highway 25 improvement options would be further studied, or is staff recommending that just the roundabout study move forward. Westby stated that there may be elements recommended that do not require great study. However, with any major improvements, a larger study is commenced to cover environmental impacts and design impacts and to look at costs and benefits. Westby stated that the study would look in detail at whatever options the City directed. Community Development Director Schumann again addressed the Commission, stating that the Police Commission has reviewed the document and would forward comments to the City Engineer. The Parks Commission has also reviewed the plan, in particular the Trails portion. They recommended approval, with some comments. Schumann entered 5 into the record the draft minutes of the Parks Commission for that purpose. Schumann reported that the IEDC had also reviewed the plan. While the IEDC did not provide a formal recommendation, they did provide general comments for the Commission's review. Other formal written comments from the public had been received and were also entered in record. Commissioner Gabler provided her thoughts on the plan, stating that she thought the plan functioned very well. She stated that in some areas, it was perhaps too vague and could have been more detailed, for example in the area of transit. Gabler noted that Monticello has strong potential for growth, which should cross beyond residential into other development sectors. This notation was made in relationship to the plan introduction. Gabler stated that table 5.1 seemed to provide a good task list for future transportation improvements. She also noted that in terms of a possible river crossing at Washington Avenue, the IEDC commented on the proximity to the hospital and she noted that further study ion relationship to hospital expansion would be needed. Finally, in looking at the timeframe presented in the plan she asked if there was a way to look at the interim picture, for example projections at 2015. Rickart stated that the 2030 timeline was selected due to a complete land use plan for development to that point. Rickart explained that the City would need to determine a land use picture for 2015 in order to determine a transportation projection for that timeframe. Gabler inquired if an analysis of what impact another interchange in the west would have in terms of impact on the City's industrial park. Rickart stated that typically, the development would drive the interchange location. Rickart noted that the interchange would obviously provide an improvement for access to those industrial developments. Gabler suggested that a better clarification of timing on an interchange was needed. Commissioner Spartz began his comments by stating that he thought transportation in many ways dictates land use. Spartz stated that the Highway 25 corridor is his biggest concern and found this plan addresses that issue in depth. He indicated that he would support"working with neighboring communities to improve transit options. There is a great need to look at how to make transit function better and he believed that it should be a 0-5 year option. Spartz stated that his other suggestion related to river crossing. He indicated his discouragement at it being a long-range solution. Spartz commented that a researching a second river crossing needs to be a clear direction for the City. Spartz continued, stating his personal view as a user of the current roundabout in Monticello. In that regard, he is not a big fan, as it doesn't seem to function as it should. While he understands it is a public acceptability issue, he commented that he is struggling with understanding its application in Monticello. For example, how.a large vehicle with a camper or boat is going to maneuver through a roundabout. If another bridge will help alleviate the volume of traffic, perhaps the roundabouts will accentuate what happens downtown. Everything he has read about roundabouts indicates they are safer and allow traffic to move better. However, he would like to know about situations where they don't work for comparison purposes, as he is concerned about the volume of traffic coming for multiple directions. Commissioner Voight stated that after reading the plan, he thought that as Chapter 6 of the Comp Plan, this is the best chapter in the entire plan. In his opinion, it is far and above the quality of the balance of the comp plan because it lays out specific analysis and potential modifications. While it does not prescribe a specific route, it lays out the options, along with likely impacts. He stated that it provides guidance with foundations for that guidance. Voight explained that he also approved of the solid justification for the Fallon Avenue overpass. Before reading this document, that improvement seemed like a bridge to nowhere. After reading this plan, he indicated that he understands the need. Voight reaffirmed that preparing the plans for the Fallon Avenue overpass and for a second bridge crossing is critical. While the river crossing may be a 30 year project, it is essential to have a plan in place. He cited stimulus funding and that if funding becomes available in such scenarios, Monticello needs to be prepared. He commented that he thought the plan was well organized, but that overall, the City needs more aggressive in planning. Voight inquired about extending frontage roads along Highway 25; if there was a reason the roads aren't named. Rickart responded that they are commonly referred to as frontage roads, but they are extension of Cedar and Deegan, so they could be labeled that way. Dragsten re -stated that Fallon Avenue needs to be a top priority. Dragsten agreed that the plan was well prepared. He cited Table 5-1 with the listing of priorities as an important tool. He noted the combination of intersection improvements along Highway 25 could be lumped as one improvement, as they all aid in the functionality of that corridor. Dragsten questioned whether the City would look at all of the options further, and then narrow them down. Rickart stated that the next step in a detailed study would be an intersection control evaluation (ICE). In this case, the ICE would be at 4th Street, 7th Street and County Highway 75. The City will look at all options for those intersections from signals to roundabouts. Mn/DOT then reviews the options and from there formal recommendations will be developed based on the analysis. Dragsten inquired what the timeline would be for immediate options noted, such as signal timing and River Street modifications. Rickart answered that District 3 does have an application in for Highway 25 signal retiming through the first stimulus allotment, which is about a 12 month timeline. River Street's most recent study will be brought to Council next week. Pending that review, something may move forward there as well. Rickart also noted that as far as turn lanes, County 11 will get dual left turn lanes in Sherburne County in 2010. The Transportation Plan identifies right turn lanes at 7th ,1-94 and County 75 to also support Highway 25 corridor improvements. Those could be completed with the Highway 25 overlay project, which is expected in 2010. Gabler commented that if the City is considering turn lanes and also roundabouts, isn't the City spending money twice? Rickart indicated that would be true. If roundabouts are truly something the City is interested in considering, it would be important to accelerate study timing in order to avoid duplicative spending. Dragsten inquired why the old Highway 75 off ramp doesn't get used as 95th street. Westby responded that the existing ramp was left in place because Mn/DOT is looking at replacing the twin bridges and wasn't sure if they would need those ramps for traffic control, so they were left in place. 7 They will be replacing the bridges in July of 2009 — 2010. Staff will continue to talk with Mn/DOT on whether the City will be able to use those once the project is complete. Dragsten asked Mr. Humbert and Mr. Fingalson to comment on the overall plan and roundabouts in particular. Mr. Terry Humbert, District 3 Project Development Engineer, thanked the Commission and City staff for the opportunity to review and comment on the plan. Humbert stated that he had reviewed plan and in general concurred with the results of the plan. Regarding roundabouts, Mn/DOT is generally in favor of them as they have shown to reduce crashes and improve travel speeds. While they don't work everywhere, Humbert stated that extra analysis would be completed to include how semi -trucks or large vehicles would move through at this location. Dragsten asked Humbert to comment on Monticello's application in terms of roundabouts. Humbert stated that two-lane roundabouts are not yet functional on Minnesota highways, although they are under construction at Highway 95 and 65. He noted that similar to dual lane left turns, people will learn how to drive them. Dragsten inquired about bridge funding. Humbert responded that it is most likely that trunk highway funds would not be eligible because a second bridge would carry local traffic, which is not on the trunk highway system. There may be State Aid or other local funding options and federal funding may be available. Spartz asked Mr. Humbert about multiple roundabouts within a short distance. Humbert replied that although multi -lane roundabouts are somewhat limited, there are interchange locations where roundabouts are used at closer spacing. Spartz inquired if those are in Minnesota. Humbert replied that they are located in Minnetonka and Medford. Wcjchouski stated that she was under the impression that the State is recommending roundabouts at locations such as Highway 75 and Highway 25. Humbert answered that in general, it is the favored option for intersections, although there is a caveat that other constraints that may not yield it as the final option. Spartz inquired what some of those constraints might be. Humbert responded that it might be right of way acquisition issues, spacing, or excessive traffic movements in one direction. Wayne Fingalson, Wright County Engineer, addressed the Commission. Fingalson stated that although they have not reviewed the plan in great detail, the plan provides a good framework in terms of how transportation improvements would be constructed. Fingalson stated that in response to the questions about roundabouts, there is a place for them, but there is a learning curve as to how they function. There is a good system in place for evaluating all options. Spartz inquired about the possibility of partnering with other communities to expand park and ride and transit options, as this would ultimately take vehicles off Highway 25. Fingalson commented on the initiative coming out of Wright County Economic Development to support further study of metro transit expansion. Fingalson stated that although increasing transit options make sense, getting people across the bridge is still a problem. Voight indicated that he believes that people will continue to use I-94 to commute over Northstar as a quicker option. Fingalson commented that funding is always a factor in any transportation improvement. Fingalson noted that federal and state funding limitations do exist. While the stimulus will help, there are still too many projects for the amount of funding. Westby expanded on roundabout locations on multi -lane roundabouts, noting the two- lane roundabout in Richfield. The 2020 volume there are projected to be 40,000 vehicles. There are also multi -lane roundabouts in place in Woodbury on Radio Drive. These are not on the State Highway system, but are in existence for reference on how these types of roundabout systems function. Chairman Dragsten opened the public hearing. Bob Viering, on behalf of the Monticello Chamber of Commerce, addressed the Commission. Viering echoed the comment that the Plan is well written and researched. It provides a good analysis of the current situation and laying out options. He indicated that the only long-term solution to the Highway 25 issue is the construction of a second bridge. The Chamber would support seeing steps taken to make this a priority. In regard to Highway 25, the Chamber would also encourage working with WDOT to implement the other short-term solutions. Finally, in looking at commuter patterns, Viering cited a recent study indicating that currently approximately 50% of those living in Monticello commute into the 7 -county metro area. The vast majority of that is on I-94. Only 20% of people who live in Monticello live in Monticello. So, as I-94 does impact residents and those coming in to work in Monticello, Viering stated that the Chamber would add the improvements to I-94, including possible expansion, be added as a priority. Viering noted the presence of Sherburne and Wright Counties, as well as the State, as a positive to start working on the bridge project. John Mentor, Sherburne County Public Works Director, addressed the Commission. He noted that Sherburne County has been working closely with Big Lake, Big Lake Township, Mn/DOT and the City of Monticello on the dual left turn lane on County 11. It will be a step to improving congestion on Highway 25. As the last gentleman had suggested, these entities have already been meeting for a little over a year on these mutual transportation issues. One of the topics of discussion has obviously been the bridge. In that regard, while there is a need for the local connection, he encouraged continued cooperation with the City of Big Lake, Big Lake Township and Sherburne County. Mentor did not that the County Board does have a current policy prohibiting condemnation for transportation, which is important to note in terms of a local bridge project. Dragsten agreed that mutual cooperation will be essential in getting the bridge project completed. Shannon Bye, Monticello Township, addressed the Commission. She commented that relying on the freeway is not always a good option, especially on Fridays and weekends. She encouraged a closer look at transit. She noted the Chamber's previous comment on I-94 commuter traffic. In light of that, she stated that the transit option should be viewed as a part of any I-94 improvement priorities. W Charlie Pfeffer, addressed the Commission representing Ocello, LLC. Pfeffer referred to carbon -related issues in terms of where development will occur. He stated that as developers, it adds a significant issue as to where people will choose to live and work. Pfeffer encouraged the Commission to be aware of that and to view the plan as somewhat fluid in light of those impacts. Chairman Dragsten asked if it would be possible to clarify comments as related to I-94. Rickart stated that they could add comments related to the I-94 coalition into the plan. Terry Humbert indicated that right now, looking at traditional funding, the addition of lanes to I-94 is probably beyond 2030. Mn/DOT has identified the six -lanes of 1-94 as a `tier -two' project for the stimulus. He explained that an issue to be dealt with is lane balance. When adding lanes, Mn/DOT needs to be aware of lane transitions. South of the Crow River, the Metropolitan Council also has some jurisdiction. Dragsten asked when Mn/DOT may find out about such funding. Humbert stated it would most likely be 2010. Hearing no other comments, Chairman Dragsten closed the public hearing. Wcjchouski sought confirmation from Westby that the Chelsea Road traffic counts would be included in the final plan. Westby confirmed that they were inadvertently omitted and would be included in the final plan. Spartz commented that although roundabouts may not be his favored option, if it works best for the Highway 25 corridor, then the essence of moving the plan forward is most important. Dragsten suggested that no matter what occurs in short-term on Highway 25, the need for the bridge crossing is clearly a priority and that it should be moved from 2030-2050 timeline to 2015-2030 timeline. Dragsten inquired if a bridge crossing was included in the Sherburne County plan. Mentor indicated that it was not. Wojchouski stated that for Big Lake, this is not an immediate, perceived problem as it is in Monticello. Dragsten concurred, although it can ultimately impact their commuting residents. Gabler agreed, noting that as it takes a long time to plan for such improvements, and as such plan for the improvements from 2009-2015. The Commissioners agreed that the emphasis should be on planning for this crossing. Gabler also recommended that the Fallon Avenue Bridge remain the number one priority for 2009-2015. Dragsten suggested grouping all of the Highway 25 improvements into one category. Rickart clarified that Fallon Avenue overpass only needed to be completed before any other interchange be considered. The Commissioners agreed that it was still a priority. MOTION BY COMMISSIONER VOIGHT TO RECOMMEND APPROVAL OF THE COMPREHENSIVE PLAN AMENDMENT FOR THE ADOPTION OF THE 2009 MONTICELLO TRANSPORTATION PLAN, WITH THE SPECIFIC RECOMMENDATIONS AS NOTED, INCLUDING: 10 • ALL OPTIONS FOR HIGHWAY 25 IMPROVEMENTS, INCLUDING THE IMMEDIATE STUDY OF A SECOND RIVER CROSSING, BE TAKEN AS A FIRST PRIORITY FOR STUDY AND IMPLEMENTATION FOR THE CITY OF MONTICELLO. • THE COMPLETION OF THE FALLON AVENUE SHOULD REMAIN A HIGH PRIORITY FOR THE CITY OF MONTICELLO AS STATED WITHIN THE TRANSPORTATION PLAN. THIS MOTION MAY BE BASED ON A FINDING THAT THE AMENDMENT PROVIDES AN APPROPRIATE TRANSPORTATION CHAPTER FOR THE COMPREHENSIVE PLAN, SUPPORTS THE PROPOSED LAND USE PLAN, AND FURTHERS THE CITY'S LAND USE AND DEVELOPMENT POLICIES THROUGH THE PROVISION OF VITAL TRANSPORTATION FACILITIES. MOTION SECONDED BY COMMISSIONER GABLER. MOTION CARRIED, 4-0. 6. Public Hearing - Consideration of a request for final plat for Union Crossings Fourth Addition and amendment to Conditional Use Permit for Planned Unit Development for Union Crossings. Applicant: Ryan Companies Planner Grittman presented that staff report for the request, stating that Ryan Companies is seeking a subdivision of the existing Union Crossings Lot 2, Block 2 to create two parcels from what is currently one. Grittman reported that the purpose of the subdivision is to separate the property occupied by the Office Max building from the easterly remainder of the property. The Office Max parcel will be Lot 1, Block 1 Union Crossings 4t' Addition, and the remainder will be Lot 2. Lot 2 will be set up to accommodate future development, and may be split again at that time. Grittman explained that Union Crossings was developed as a Planned Unit Development to provide for a variety of retail buildings in a shopping center arrangement. The zero - lot -line subdivision in this case does not raise any issues from a planning standpoint, since the site was developed to provide utilities and stormwater control on a comprehensive basis, rather than lot by lot. As such, the engineering staff have recommendations as to easements and similar issues, but there is no concern with forgoing the easements that would have otherwise Grittman stated that staff is recommending approval of the plat as proposed. Dragsten inquired as to the reasoning for the irregular lot lines. Grittman responded that it is most likely these jogs are due to carving out lot lines based on needed parking and private utility connections. Dragsten stated that it would seem this configuration may eventually lead to property issues. Grittman agreed that is true for residential property, but in this case, the overall development is under the control of a single property manager. 11 Gabler asked if the applicant is familiar with the conditions noted. Grittman indicated that they are. Chairman Dragsten opened the public hearing. Hearing no comments, Chairman Dragsten closed the public hearing. MOTION BY COMMISSIONER SPARTZ TO RECOMMEND APPROVAL OF THE PLAT AND PUD AMENDMENT, BASED ON A FINDING THAT THE APPLICATIONS ARE CONSISTENT WITH THE ORIGINAL PUD APPROVALS FOR UNION CROSSINGS, WITH THE RECOMMENDATIONS OF THE CITY ENGINEER. MOTION SECONDED BY COMMISSIONER GABLER. MOTION CARRIED, 4-0. 7. Public Hearing - Consideration of a request for amendment to Chanter 3 of the Monticello Subdivision Ordinance Title 10 of Monticello City Code as related to Final Platting Applicant: City of Monticello Community Development Director Schumann stated that staff are seeking continuation of this item to allow staff time to further review and discuss the need for this amendment. Spartz inquired why this hasn't been done in the past. It would appear to be a checks and balances measure. Dragsten stated that as Commission reviews these sites in detail at preliminary, it would be nice to see the plats in their final configuration. Chairman Dragsten opened the public hearing. MOTION BY COMMISSIONER DRAGSTEN TO CONTINUE THE PUBLIC HEARING MOTION SECONDED BY COMMISSIONER SPARTZ. MOTION CARRIED, 4-0. 8. Continued Public Hearing - Consideration of amendment to Chanter 6 of the Monticello Subdivision Code as related to Parks Open Space and Public Use Applicant: City of Monticello Schumann stated that staff is also seeking continuation of this item. Staff is completing additional research as related to statutory requirements and the City's park service area. MOTION BY COMMISSIONER SPARTZ TO CONTINUE THE PUBLIC HEARING. MOTION SECONDED BY COMMISSIONER VOIGHT. MOTION CARRIED, 4-0. 9. Community Development Director's Update Schumann noted that this will become a regular written update. Much of the information has been compiled from a report given to the City Council. Schumann did not the inclusion of building permit and housing inventory information. 12 It was noted that Kohl's has made a decision not to locate in Monticello. Charlie Pfeffer, representing land owner Ocello, explained that Kohl's representatives and Ocello had met to put the final touches on the purchase and operating agreements. However, after that meeting, Ocello learned that national executive committee had decided not to pursue the Monticello Kohl's store. It was a market decision. Commissioner Dragsten stated that he appreciated having the updates provided. 10. Adjourn. MOTION BY COMMISSIONER SPARTZ TO ADJOURN. MOTION SECONDED BY COMMISSIONER VOIGHT. MOTION CARRIED, 4-0. 13 MINUTES MONTICELLO PLANNING COMMISSION Tuesday, May 4, 2010 6:00 PM Mississippi Room, Monticello Community Center Commissioners Present: Council Liaison: Staff: Citizen: 1. Call to order. Rod Dragsten, Charlotte Gabler, Lloyd Hilgart, William Spartz, and Barry Voight Susie Wojchouski Angela Schumann, Ron Hackenmueller, Steve Grittman - NAC Barry Fluth Chairman Dragsten called the meeting to order. 2. Consideration to approve Planning Commission minutes of February 3'-d 2010 and April 6th, 2010. The minutes for the February meeting have not yet been submitted for consideration. MOTION BY COMMISSIONER SPARTZ TO APPROVE THE MINUTES OF APRIL 6, 2010. MOTION SECONDED BY COMMISSIONER HILGART. MOTION CARRIED 5-0. 3. Citizen comments. None. 4. Consideration of adding items to thea eg nda. Commissioner Spartz requested that an item related to signage be added to the agenda. 5. Public Hearing - Consideration of request to approve an amendment to the Monticello Zoning Ordinance Chapter 14B — Central Community District as related to ground floor residential dwellings Applicant: Fluth Barry/Masters 5th Avenue Planning Commission Minutes — 5/4/10 Steve Grittman, NAC, presented the request to amend the CCD Zoning district. He stated that current zoning allows for residential multi -family structures above a commercial use in the CCD with a limited density allowance of 1 unit per 9,000 square feet. This zoning was established to limit the number of units in order to discourage apartment construction in the downtown and maintain as much available land as possible for commercial uses. Developers have been looking at mixed use options as well as full -residential projects. Grittman suggested that there are a number of ways to amend the base CCD zoning district to provide more flexibility for residential development in the downtown area. The City could consider various options: allowing a special district in the CCD; allowing a multi -family R-3 district; creating a hybrid district, or creating a comprehensive list of restrictions and requiring conditional use permits for increased ground floor or overall desnsity. Grittman cautioned that any change made to the base district would allow this change to occur anywhere throughout the CCD without restriction. If the City were to handle things in this way, they would lose control over the CUP restriction process and be put in the position of defending why an application for CUP should not proceed. Staffproposed instead that a new zoning district called the CCD -R be created as an overlay district in CCD, which would be applied on a parcel by parcel basis. A new set of standards would apply. Applicants would be required to ask for rezoning to add the overlay to their site and then apply for a CUP. The City would have significant discretion to determine whether or not to approve the request based on location, traffic generation, and similar uses. Commissioner Gabler asked if an overlay district could be set up so that the front and back parts of blocks would be handled differently. Grittman pointed out that the overlay district language states that eligible property would not abut directly onto TH 25, CSAH 75, or Walnut Street. The City could create a lot line division and could add a PUD to it if so desired. Commissioner Gabler also asked how adding an overlay district would affect the type of tenancy allowed. Grittman replied that it would most likely be multi- family but that it would depend on the developer's market. He also noted that the Planning Commission would be able to regulate land use but not determine type of ownership. Commissioner Spartz suggested that the Commission might want to wait until the City has the results of the Embracing Downtown Monticello study to make this kind of a zoning decision. Grittman pointed out that the City would need to consider each request as the applications come in and that this might instead be looked at as an opportunity to begin considering what type of zoning might be useful in the CCD. 2 Planning Commission Minutes — 5/4/10 Grittman pointed out that the Comprehensive Plan does not address the CCD. Schumann noted that the 2008 Comprehensive Plan adopted the 1997 Plan until the Embracing Downtown Monticello plan is adopted. Allowing a CCD -R does not contradict any plan currently in place. Grittman stated that rezoning to this overlay may actually enhance commercial uses in the downtown. It is proposed that commercial level materials would continue to be used on the ground floor units so that the design would remain within established parameters. He noted that adopting the overlay district would give the Planning Commission guidance about controlling development so that they would not be in the position of negotiating with developers. Grittman also indicated that adding an overlay district might bump the density to a performance district. Commissioner Hilgart asked about the formula for determining density. Based on a total of 32,000 square feet, the overlay district would allow one dwelling per 3,000 square feet of lot area on first floor residential. Commissioner Spartz asked if the City could do a PUD instead of an overlay district. Grittman stated that a PUD would be used to flex performance standards and not to flex density unless the PUD ordinance is written specifically for that. It would have to be rezoned to a PUD district and new rules would need to be written. There would be no code guidance and everything would be open to negotiation. Grittman noted that this proposal adopts the overlay district concept but does not involve a particular site. He summarized that approval of Option 3 would establish a new overlay district but that it would also take an action to rezone any parcel within the new district. Adding the overlay district also then gives the Planning Commission power over CUP applications. An applicant would still have to apply for a rezoning to CCD -R as well as a CUP for a change to take place. Parcels would be rezoned as CCD -R only in cases in which intensive residential uses would enhance commercial uses. If applicant can meet the CUP performance standards, the Planning Commission has the discretion to allow the rezoning request. He pointed out that there are some parcels in the downtown area better suited for residential and ill-suited for commercial due to location. Some lots just aren't appropriate for main floor residential. The Planning Commission would have the discretion to choose to use the overlay district when the circumstances are appropriate per parcel. Grittman pointed out that adopting this overlay concept would alleviate any spot zoning concerns as one of the fundamental issues with spot zoning is land use consistency. Planning Commission Minutes — 514110 Grittman suggested that the Planning Commission could choose to adopt Option 3 with amendments if this were appropriate. Chairman Dragsten opened the public hearing. Property owner and downtown developer Barry Fluth thanked the Commission for considering the overlay district proposal. He stated that he felt that this type of district would help bring the residential mix needed to make the downtown area more successful. He noted that there are a number of parcels in which this approach would work. He noted that he is considering developing market rent apartments similar to those at Landmark Square to fit in with the ambiance of the downtown. He stated that the units at that development are nearly full and feels there is a market for more. He suggested that if the overlay district option passed, he would return to the Planning Commission next month with a residential development proposal. Commissioner Spartz asked Fluth his thoughts about awaiting the outcome of the downtown study to proceed with development plans. Fluth stated that he doesn't think the new plan would vary much from having a combination of residential and commercial development in the downtown and it might take a year or so before any changes were approved. Schumann stated that even after the downtown plan is completed, the City would not yet have taken on any CCD district regulations for zoning. That will be a separate process. Wojchouski asked if there would be TIF involved. Schumann said, at this point, it is just a land use consideration. TIF would be considered if the rezoning were to be approved and a project put forward. Chairman Dragsten closed the public hearing. Commissioner Gabler asked if the overlay district could it be rolled into any new downtown plan if it were successful or eliminated if it were not. Grittman stated that the Commission always has the zoning authority to change policy consistent with that plan when adopted. Commissioner Gabler noted that she feels the proposal provides the flexibility to support mixed use rather than doing spot zones to get folks downtown. She agreed that the Commission could evaluate it as it is implemented. Commissioner Hilgart asked if this proposal would eliminate commercial use on main floor. Grittman stated that the overlay district doesn't change any existing use in the CCD but would broaden the scope of options for the downtown. 0 Planning Commission Minutes — 5/4/10 MOTION BY COMMISSIONER VOIGHT TO RECOMMEND AN AMENDMENT THAT CREATES AN OVERLAY DISTRICT IN THE CCD FOR GROUND FLOOR RESIDENTIAL USES, ALONG WITH SPECIFIC PERFORMANCE STANDARDS FOR SUCH DEVELOPMENT.. MOTION WAS SECONDED BY COMMISSIONER HILGART. MOTION CARRIED 4-1. Commissioner Spartz expressed concerns that the findings from the Embracing Downtown Monticello RFP project should be reviewed prior to approving any rezoning options. 6. Consideration of an update related to density and neighborhood design standards for Places to Live. Schumann stated that one of the primary objectives of the new designation Places to Live in the City's 2008 Comprehensive Plan is to control for step up housing. She noted that, although densities are not pre -assigned by the Plan, there are a variety of tools available to the Planning Commission to control for density and quality over quantity. She pointed out that the Planning Commission can also identify particular zoning districts in the new code that meet the step up housing Comp Plan objective. Schumann noted that infrastructure services have already been extended to the NW portion of the City, and for that reason, it would be developed more readily than the City's broader south central region which is not yet served by infrastructure. She suggested that the Commission could, in updating the zoning code, increase requirements as related to finishing standards. The revised code would also strengthen application requirements for performance zoning and PUD. She mentioned that the City is not obligated to automatically accept a property for annexation because annexation only occurs at time of final plat. She pointed out that the Commission has a great amount of leverage through the current orderly annexation agreement and process. Schumann told the Planning Commission that she feels that they have the control necessary to address the Comprehensive Plan objectives. 7. Consideration of an update on the Monticello Housing Report Schumann said the full housing report would not be completed by May. She indicated that some good baseline data has been gathered, including classification information on the types of housing from Wright County. The analysis will be 5 Planning Commission Minutes — 5/4/10 done by plat and include number of lots, how many lots are occupied, zoning of each lot, the density of the total development, and the number of rental licenses in both multi -family and single family complexes. Staff has been reviewing situational information such as how long single and multi -family homes are staying on the market, the price points, and the vacancy rates. She suggested delaying the public meeting until this information can be carefully evaluated as additional planning projects are also underway. Schumann stated that she expects the housing report to be completed by staff in house by July or August. Community Development Director's Re ort. Schumann provided an update on the Carcone Addition. City Council approved the preliminary plat, the final plat and the development agreement. Recording of those documents and final execution are underway. Commissioner Gabler asked about the status of those development projects that have not been closed out. Schumann provided a summary of the varying points in the close out process. She stated that the City has a guidebook for development which identifies steps in the process. She noted that it is available on the City's website under the Community Development section. Staff will meet with stakeholders to discuss and facilitate the highest and best use of the Rand Mansion. Current property owners would like to sell as quickly as possible. They ask that the property be maintained in its historic state and would prefer that it to be put to public or semi-public use. Schumann will keep the Planning Commission apprised of any proposed action on the property. 9. Consideration of adding items to the agenda. Commissioner Spartz noted a large developer sign on Hwy. 94 near Sunset Ponds and wondered if it met the zoning code requirements. Schumann agreed that it is big and bright. She will determine if it was a preexisting structure with a change in the face and therefore a lawful use. Previous standards had allowed for a 200 sq. foot size sign for property for sale or lease over a certain amount of acreage. The new code will allow only 96 square feet for property over ten acres. 10. Ad•o� urn. MOTION BY COMMISSIONER SPARTZ TO ADJOURN. MOTION SECONDED BY COMMISSIONER VOIGHT. MOTION CARRIED 5-0. The meeting was adjourned at 7 p.m. 2 MINUTES MONTICELLO PLANNING COMMISSION Tuesday, June 1, 2010 6:00 PM Mississippi Room, Monticello Community Center Commissioners Present: Commissioners Absent Council Liaison Staff: 1. Call to order. Rod Dragsten, Charlotte Gabler, Lloyd Hilgart, and William Spartz Barry Voight Susie Wojchouski Angela Schumann Chairman Dragsten called the meeting to order noting the absence of Commissioner Voight. 2. Consideration to approve Planning Commission minutes of February 3rd 2010 and May 4th, 2010. Community Development Director Angela Schumann noted that both the February and May minutes would be provided by via email that evening and confirmed that future minutes would be included with the agenda packets. 3. Citizen comments. None. 4. Consideration of adding items to the agenda. Commissioner Gabler requested an update on a) M& I Bank and b) Steiner Development. 5. Consideration of a request for an extension of a Conditional Use Permit for Concept Stage and Development Stage Planned Unit Development approval for a multi -tenant shopping center, a Conditional Use Permit for Outdoor Storage a Conditional Use Permit for a Car Wash, a Conditional Use Permit for a Motor Fuel Station/Convenience Store a Conditional Use Permit for minor auto repair, and Preliminary Plat approval. Applicant: Mills Properties Inc Schumann stated that on June 12, 2007, the Planning Commission recommended approval of a Concept and Development Stage Planned Unit Development (PUD) and Preliminary Plat request for the proposed Mills Fleet Farm project. The City Planning Commission Minutes — 6/1/10 Council approved each request including a Comprehensive Plan Amendment and Rezone on June 25, 2007. On June 9, 2008 they extended that application and approval for one year, and have also subsequently approved for the extension for 2009. She noted that the applicant has again requested an extension and is available to answer questions. According to the zoning ordinance, due to non-use, Conditional Use Permits for the PUD and Preliminary Plat expire after one-year or June 8, 2010. The City has not received an extension letter but instead email correspondence requesting the extension. Staff is recommending approval of another extension subject to Planning Commission comments and conditions. Council Liaison Susie Wojchouski asked if the applicant was requesting a two- year extension. Schumann pointed out that the applicant had previously done so but that City Council had granted only a one-year extension and agreed to check in with plan status after a year. Chairman Dragsten asked if the applicant could bring the Commission up-to-date about the status of the project. Bruce Buxton, the engineer for Mills Properties, spoke briefly about the history of the project. He indicated that they hadn't anticipated the changing state of the economy back in 2007 when the project was proposed. He stated that Mills had put all development projects on hold for 2008- 2010 and are currently reevaluating the situation. He noted that they still want to develop the land and as soon as the economy turns around development would proceed. Commissioner Hilgart asked if Monticello would be the first Fleet Farm store to be developed when the applicant proceeded with building. Buxton stated that the overall project rankings would be reevaluated at that time but also indicated that Monticello would not be the first store to be built. MOTION BY COMMISSIONER SPARTZ TO RECOMMEND EXTENSION OF THE JUNE 25, 2007 CONDTIONAL USE PERMIT FOR CONCEPT AND DEVELOPMENT STAGE PLANNED UNIT DEVELOPMENT PRELIMINARY PLAT FOR THE PROPOSED MILLS FLEET FARM FOR A PERIOD OF ONE YEAR WITH THE CONDITION THAT ALL PREVIOUSLY APPROVED CONDITIONS BE ASSIGNED TO THE EXTENSION. MOTION WAS SECONDED BY COMMISSIONER HILGART. MOTION CARRIED 4-0. 6. Public Hearing — To be opened and continued to June 8, 2010 Consideration of a reauest for rezoning from CC.T) (C entrnl r, to a C C ll -K, Central Avenue/Fluth, Barry. 11 Schumann indicated that due to a delay in the mailing of the public hearing notice she requested that this public hearing, and the public hearing that follows, be 2 Planning Commission Minutes — 6/1/10 opened and continued at the next meeting. She indicated that staff has now published notice for a special meeting and public hearings to be held on June 8th both in the newspaper and in a revised mailed notice sent to all property owners within 350 feet. Commissioner Dragsten opened the public hearing. There were no public comments. He then asked the Commission for any comments or questions. Commissioner Spartz asked if, when the application comes back to City Council, it would be considered a rezoning of the CCD and wondered if that would require a 4/5 majority of Council. Schumann stated that it may require a super majority of the council. She clarified that the rezoning would act on the map amendment and not on the applicant's proposal. The Commission would only determine whether or not the rezoning meets the intention and is consistent with comprehensive plan. Mr. Fluth would have to apply for a Conditional Use Permit and the Commission at that time would evaluate his specific project proposal. Schumann confirmed that the Commission would be asked to determine if CCD - R use, or residential use on the first level, would be appropriate for each property considered. MOTION BY COMMISSIONER HILGART TO CONTINUE THE PUBLIC HEARING ON JUNE 8TH AT 7 P.M.. MOTION WAS SECONDED BY COMMISSIONER GABLER. MOTION CARRIED 4-0. 7. Public Hearing — To be opened and continued to June 8, 2010 Consideration of a Comprehensive Plan Amendment Conditional Use Permit for Cross Parking, Cross Access and Drive-Throu2h Facility and Preliminary Plat for the proposed Nicolle addition a commercial development in the CCD (Central Community District) Applicant: Semper Development Similar to the previous application, Schumann asked the Commission to open and continue the public hearing. She suggested they would have plenty of time to review the full text report. She indicated that the application includes multiple components. She noted that the applicant has asked for final plat approval and would like to move forward with some improvement planning. She stated that the applicant is seeking concurrent approval at City Council. Chairman Dragsten requested information be submitted in color. Schumann confirmed that Semper Development would provide that as part of their full presentation at the upcoming special meeting. She agreed to ask them to email Planning Commission Minutes — 6/1/10 color pdf files in advance of the meeting. She noted that WSB, the City Engineer, and the Public Works staff have reviewed and approved the staff report. Commissioner Spartz asked if staff could shorten up Exhibit Z. Schumann noted that the conditions listed in Exhibit Z are more general in nature and are details that will actually be finalized with the final plat and the executions that go along with it. She explained that once the Planning Commission and Council approve the plans they will be redrawn all at once. The plans would then become the record documents. MOTION BY HILGART TO CONTINUE THE PUBLIC HEARING ON JUNE 8TH AT 7 P.M.. MOTION WAS SECONDED BY SPARTZ. MOTION CARRIED 4-0. 8. Community Development Director's Report Schumann stated that the new Administrative Assistant has been trained on the cable access programming and plans to post City Council agenda and Planning Commission agendas on Channel 12 prior to meetings as requested. She indicated that the biggest news is in the Finance Department as the City is now taking utility bill payments online. She encouraged the Commissioners to sign up for that new feature. She included a tentative schedule for zoning ordinance revision and asked for Planning Commission feedback. She asked specifically about the June 15th steering committee date. She noted that the upcoming Bertram Chain of Lakes Park Family Fun Day event is scheduled for June 12a'. She pointed out that two Planning Commissioners had participated in interviewing consultants for the Embracing Downtown project and noted that staff hoped to recommend a selection by the end of June. Schumann included information in the agenda packet about state budget impacts as well as some financial planning. She also noted the liquor store has scheduled a summer beer tasting event on July 23rd. Commissioner Spartz asked a question about what the numbers signify on the Bertram Chain of Lakes information included in the agenda packet. Schumann stated that the numbers represent the parcels that were assigned in the Memorandum of Understanding with the YMCA. The City purchased parcels 5A C! Planning Commission Minutes — 6/1/10 and 6 as noted in red and also recently purchased an additional potion of parcel 5. The next purchase will be parcel 7 and then phasing would continue on the west side with parcels 1, 2, 8, 9, 10, and 12 with parcels 4 and 3 the last to be purchased. Commissioner Dragsten asked about the comments that were due to -date on the zoning ordinance rewrite. Schumann stated that City staff would provide all comments to City Planner Ben Gozola. In addition, the Industrial and Economic Development Committee (IEDC) has established a small working group which would provide lots of great feedback for the rewrite. They have one more meeting scheduled. WSB would review the overlay districts to provide some general feedback to make sure all was on track. Campbell Knutson would then be providing legal review of some of the chapters. All comments would be incorporated by the MFRA into a new red -lined version of the document which would be then reviewed by the steering committee. Schumann confirmed that this version would also incorporate ideas based on the Planning Commission's neighborhood tour. Schumann indicated that the City wouldn't be incurring additional costs by extending the zoning code revision schedule and suggested that the more feedback involved in the process the better the document. She suggested that the Commission postpone the June 15th meeting and slide the schedule for the public open house out further. Schumann noted that, although it may seem like the effort is losing momentum, that staff and other groups are quite involved in providing detailed input. She pointed out that Building Department staff has been extremely thorough in their review as they are responsible for enforcing the code. She noted that the components from WSB and the IEDC would provide a valuable frame of reference for the Planning Commission's final review. The Commission agreed that it would be acceptable to extend the deadline into November for code revision completion. Schumann noted that there were no development applications scheduled to come before the Planning Commission for the July meeting. She suggested that the steering committee meeting be held at the regular July Planning Commission meeting and that the schedule stay on track for the potential July 26th joint Planning Commission/City Council meeting. Schumann agreed to revise the schedule and email it out with the meeting minutes and the June 8th agenda. 9. Consideration of added items. a) M& I Bank Schumann indicated that M & I Bank are due for their next extension in August. She will communicate with them toward the end of June to determine their intentions about an extension request. 5 Planning Commission Minutes — 6/1/10 b) Steiner Property Schumann pointed out that the Steiner property has now gone back to the bank. Commissioner Gabler noted that the property does not look very attractive. Schumann stated that City Council has provided definitive direction about mowing the City's main thoroughfares, collector routes and boulevards. The Building Department will conduct a sweep of all of those areas and the bank will get a notice about the property. 10. Adjourn. MOTION BY COMMISSIONER SPARTZ TO ADJOURN. MOTION SECONDED BY COMMISSIONER GABLER. MOTION CARRIED 4-0. The meeting was adjourned at 6:27 p.m. 2 MINUTES MONTICELLO PLANNING COMMISSION Tuesday, June 8th, 2010 6:00 PM Mississippi Room, Monticello Community Center Commissioners Present: Rod Dragsten, Charlotte Gabler, Lloyd Hilgart, William Spartz, and Barry Voight Council Liaison: Susie Wojchouski Staff Angela Schumann Call to order. Chairman Dragsten called the meeting to order and noted a full quorum of the Commission was present. Council liaison Wojchouski also present, 2. Citizens Comments. None. 3. Consideration of adding items to the agenda. None. 4. Continued Public Hearing — Consideration of a request for rezoning from Schumann stated that the applicant is seeking an amendment to the Monticello Zoning map that would rezone the property legally described as Lot 4, Block 36, Original Plat of Monticello, from CCD to CCD -R. The property is located on the west corner of Locust and Third Street and is approximately .75 acres in size. Previously, the City Council reviewed a request by the applicant to amend the CCD language to allow for greater ground floor density in the CCD. Rather than allowing for the increased density on the ground floor across the district as a whole, the City instead recommended approval of an overlay zoning district for the CCD that would accommodate increased ground floor density under a conditional use permit. Schumann indicated that in making a determination that the CCD -R zoning is appropriate for this particular parcel, the Commission will want to consider Planning Commission Minutes — 6/8/10 whether the rezoning will meet the findings specified within the CCD -R district purpose statement. In short, she stated that the primary issue for the City is whether the use of this parcel for residential purposes, including the intended ground floor residential, will serve to enhance the commercial downtown. In considering this question, Schumann noted that the Commission may review a number of influencing factors, including the location of this property relative to other commercial and residential uses, the capacity for commercial development at this location, the potential break-up of the flow of commercial development along this corridor. Schumann referred to the surrounding uses, stating that the majority of property to the west of this site is utilized as single-family residential, while the property directly to the north includes a mixed residential/commercial project in Landmark Square. To the east is a former single-family home that has been converted to a multi -tenant professional building. Directly to the south, across Third Street, is a strip center commercial facility. Schumann explained that although the uses are predominantly commercial in nature, especially at the ground floor level, this area is adjacent to a broader area of residential, although primarily single-family. A multi -family use in this location could be viewed as a transitional use between the commercial properties and the single-family homes. In review of the potential for commercial development for the site, Schumann said that it should be noted that a continuous commercial flow, coupled with the concentration of commercial enterprise, tends to support greater numbers of multiple -destination shopping trips for the downtown. Disruption of that flow may decrease the viability of additional commercial development in the area. However, Schumann recognized that the addition of housing may directly increases the market for current and future business enterprise in the downtown area. The applicant has attempted to develop the site as commercial, although market forces may have precluded its success to date. Commissioner Hilgart inquired what the density for the site would be changed to. Schuman responded the applicant would be allowed to increase the 1 unit per 9000 square feet from the current 1 unit per 3000 square feet for upper level, provided that he can meet the performance standard specified in the CCD -R language. The increase would also be dependent on the ability to provide parking. Grittman confirmed that a Conditional Use Permit would be performance based at a density of 23 to 25 units per acre. Commissioner Dragsten opened the public hearing. Council Member Tom Perrault inquired if the additions would be apartments, condominiums, or town 2 Planning Commission Minutes — 6/8/10 houses. Applicant Barry Fluth responded it would be additional apartment dwellings. Michael Michaelis, River Street, inquired where the parking would be located. Fluth responded that it would be on site parking. Commissioner Spartz shared the concern for adequate parking being available for both the apartments and other residents doing business downtown and suggests a market analysis be completed prior to the approval of suggested rezoning. Commissioner Hilgart interjected he had no concerns with the rezoning and downtown housing would provide customers for downtown businesses. Commissioner Voight concurred with Commissioner Hilgart. Chairman Dragsten stated that the projected of length of time it will take for this downtown commercial property to be redeveloped is unknown and the addition of residential housing may help to revitalize downtown. Commissioner Voight interjected that the applicant, Fluth could currently make entirely the property residential on the upper floors and that the applicant is asking to change the density. MOTION BY COMMISSIONER HILGART TO RECOMMEND APPROVAL OF AN AMENDMENT REZONING LOT 4, BLOCK 36, TO CCD -R BASED ON THE FINDING THAT FOR THIS PARCEL, THE MORE INTENSIVE RESIDENTIAL USES ALLOWED BY CCD -R WILL ENHANCE THE COMMERCIAL CONCENTRATION IN THE SURROUNDING "CCD" DOWNTOWN AREA, AND THAT THE REZONING IS CONSISTENT WITH THE GOALS AND POLICIES OF THE COMPREHENSIVE PLAN. MOTION WAS SECONDED BY COMMISSIONER VOIGHT. MOTION CARRIED 4-1, WITH COMMISIONER SPARTZ VOTING IN DISSENT. 5. Continued Public Hearing - Consideration of a Comprehensive Plan Amendment Conditional Use Permit for Cross Parking Cross Access and Drive -Through Facility and Preliminary Plat for the proposed Nicolle addition a commercial development in the CCD(Central Community District) Applicant: Semper Development Steve Grittman, City Planner, presented the staff report for the applications. The proposed subdivision (Nicolle Addition) consists of three lots; Walgreen's Drug Store, a Proposed Commercial Building, and an Existing Commercial Building. Grittman stated that a drive though lane is proposed on the East side of the drug store building. A Conditional Use Permit is required for drive through and for proposed cross parking and cross access. 3 Planning Commission Minutes — 6/8/10 Grittman explained that the proposed plan includes a number of transportation components, including dedication for right of way via the plat. Grittman pointed out the proposed dual turn lanes from west bound CSAH 75 to north bound TH 25 and a re -configured access from River Street. He also noted an entrance only from Broadway. The plan also proposes the reactivation of the East River Street stop light. River Street would be open through to Cedar Street and end in a cul- de-sac. There is no proposed access to the site from Hwy 25. Grittman referred to the color renderings of the proposed Walgreen building and to the proposed landscaping plan. He noted that the proposed landscaping is currently 2 trees short of requirements of the City, however the code does allow for some trade-off with the inclusion of additional shrub plantings. The burden shall be upon the developer to demonstrate by narrative and by graphics how the equivalent effect is provided. A pylon sign for the Walgreen's has been proposed at the corner of Pine and Broadway Streets. Grittman noted that as part of the Comprehensive Plan Amendment language reflecting a policy change to street fronting buildings, some type of visual enhancement of the corner sign is required as a condition of approval. Grittman recommended a sign foundation planter. Commissioner Gabler suggested the use of existing brick to enhance the sign. Commissioner Gabler pointed out the City Code would allow a monument sign, the details show a pylon. Grittman stated that due to site lines at the corner, a pylon is probably the best option. Commissioner Gambler inquired if there is a balance of parking spaces and green landscaping. Grittman responded that although the parking shown is less that that required by the full code requirement, there are provisions specific to the downtown which allow for a significant reduction if the parking is available to the public. Additionally, a condition of this application approval requires cross parking. This is common to approve for the Downtown area. Commissioner Spartz expressed concern for the number of parking spaces and would it be adequate for future businesses. This would include parking on the North side of River Street. Council Wojchouski added that it will be important to ensure that the number of handicap spots will be sufficient. Commissioner Hilgart inquired how it is that this structure will require less parking stalls. Grittman addressed this, stating that the Downtown Parking Ordinance permits a reduction of up to 40%. This is because it is assumed that a downtown costumer will use one parking location and make several stops. The proposed site is providing 66 parking spots. 0 Planning Commission Minutes — 6/8/10 Chairman Dragsten inquired when the right turn lane will be completed. Schumann responded that the improvements are being timed to be completed with the overall site development. Right now, the preliminary development timelines has these developments being substantially complete by fall of this year. Commissioner Gabler expressed the opinion that the proposed building is quite tall, at approximately 30 feet. She expressed a desire to see it tied to the River. John Kohler, representing Semper Development, described features of the proposed building, stating that the building is brick with green awnings. This project was based on a project done in Chanhassen. They can break up the fascia with different colors of brick. Schumann interjected the height requirements are met for the downtown. Chairman Dragsten inquired if the drive through is designed for 3 car stacking. Kohler described how it is actually designed for more than 3 cars. Chairman Dragsten inquired if there were any concerns with Exhibit Z. Kohler stated that they had reviewed the document and had no concerns. Chairman Dragsten opened the hearing to public comment. Tom Link of 207 East River Street expressed his concern of the blocking of East River Street into a cul-de-sac. He noted that it would cut off access from Cedar for residents in the area. He also questioned how much of his property would be impacted by the cul-de-sac. Schumann responded that the cul-de-sac is proposed to be completed completely within existing ROW. Ken Holker, owner of the commercial building at 141 East Broadway, expressed his concerns with cross parking and inquired how far back the right turn lane is to extend. Grittman replied that under a long-term intersection plan, the turn lane it is to extend for a majority of the block. However, at this time, the turn land will only extend to the line of the property to be platted and will not impact the other properties along CSAH 75. Street parking for those properties will remain the same at this time. Grittman also noted that the same downtown parking provisions and opportunities for cross easement for parking exist for the other property owners on the block. Robert Somerville, 213 East River Street, expressed his concern with the proposed changes he will be driving 3 to 4 blocks out of his way to get to his residence. David Stromberg, 102 Cedar Street, expressed his concern with having a home with a double car garage located near a cul-de-sac street. He indicated that while overall he did not have a problem with the configurations as shown, he wanted to confirm how his property may be impacted by the Cedar/River Street changes. 5 Planning Commission Minutes — 6/8/10 Myrna Anderson, 107 Cedar, sought assurance that there would be no changes to Cedar Street parking. Grittman and Schumann confirmed that at this time, no changes to on -street parking on Cedar are proposed. Chairman Dragsten closed the public hearing. MOTION BY COMMISSIONER VOIGHT TO RECOMMEND APPROVAL OF THE COMPREHENSIVE PLAN (DOWNTOWN PLAN) AMENDMENT, PRELIMINARY/FINAL PLAT AND CONDITIONAL USE PERMITS BASED ON A FINDING THAT, WITH CONDITIONS, THE PROPOSAL IS CONSISTENT WITH THE CITY'S COMPREHENSIVE PLAN POLICIES AND APPLICABLE ORDINANCE REQUIREMENTS, SUBJECT TO EXHIBIT Z AS FOLLOWS: 1. The City's Downtown Plan ("A New Bridge: Revitalizing Monticello's Downtown and Riverfront") be amended to incorporate the following text: At the intersection of Broadway and Pine Streets, parking lots may be constructed only when all of the following conditions exist: • Applicable traffic safety and access requirements limit the ability to comply with building location standards of this Plan. • At least fifty (50) percent of either the Broadway or Pine Street frontage is occupied by a building (non parking area). • An alternative vertical element is located at the street corner which, as determined by City Officials, establishes an architecturally compatible corner presence. Such elements may include, but not be limited to public art, interpretive signage, architectural business signs and architecturally appropriate lighting. 2. Right-of-way dedications on the Preliminary/Final Plat are found to be acceptable by the City Engineer. 3. Verify with qualified expertise that demolition will not negatively impact structures on adjoining properties. 4. The area summary on the Preliminary Plat drawing be revised to correctly identify the area of Lots 1 and 2 (consistent with the Final Plat drawing). 5. Drainage and utility easements on the Preliminary/Final Plat are found to be acceptable by the City Engineer. 2 Planning Commission Minutes — 6/8/10 6. Cross parking and access easements for Lots 1 and 2 be established. Cross parking and access should include an agreement for future agreements with the adjoining property to the east. This issue shall be subject to comment and recommendation by the City Attorney. 7. Pedestrian easements are established for sidewalks along TH 25 for public sidewalks on private property, consistent with the recommendations of the City Engineer. 8. The configuration of the Broadway Street access drive be modified such that its design is not conducive to right -out turning maneuvers 9. Curb cut locations and widths are found to be acceptable by the City Engineer. 10. Color samples and/or a color rendering of the building (s) be provided for City review. 11. City Officials find the proposed overstory tree quantities to be acceptable. 12. The freestanding sign be modified to incorporate some of the materials used in the principal building and create a visually dominant sign base. 13. The trash enclosure utilize colors and details similar to those utilized on the on the two abutting commercial buildings. Trash enclosure details shall be submitted and approved by the City. 12. The applicant address the screening of the trash area from the north prior to the construction of the north commercial building (which will ultimately be used to screen the area). 13. Lighting be hooded and directed such that the source is not visible from adjacent rights-of-way. 14. The applicant provide a plan for interim improvements upon Lot 2, Block 1, including but not limited to, site improvements and maintenance. 15. Final grading, drainage, and utility plans are subject to comment and recommendation by the City Engineer, Consulting Engineer, and Public Works Staff. Specific review comments of those staff members are summarized in this report, and attached as an Exhibit. 16. Provide final record drawings prior to execution of the development agreement. 17. The applicant and City execute and record a development agreement incorporating the development plans, standards and conditions as approved. 7 Planning Commission Minutes — 6/8/10 MOTION WAS SECONDED BY COMMISSIONER HILGART. MOTION CARRIED 4-1, WITH COMMISIONER SPARTZ VOTING IN DISSENT. 6. Community Development director's Report None. 7. Adjourn. MOTION BY COMMISSIONER SPARTZ TO ADJOURN. MOTION SECONDED BY COMMISSIONER VOIGHT. MOTION CARRIED 5-0. The meeting was adjourned at 8:27 p.m. Planning Commission Agenda – 07/06/10 1 5. Public Hearing: Consideration of a request for a Conditional Use Permit for an amendment to a Planned Unit Development for outdoor storage of rental vehicles in a B-3 Zoning District. Applicant: Enterprise Leasing and Shawn Weinand. (NAC) REFERENCE AND BACKGROUND Enterprise is seeking a Conditional Use Permit to occupy the eastern-most portion of the Groveland Center building for the operation of their automobile rental facility. They would reserve up to 23 spaces in the parking area for customer and rental car occupancy, and conduct office and car washing/vacuuming inside the building. The applicants state that they would not be doing any actual repair on- site. Open and Outdoor Storage in the B-3 District may be allowed under the following regulations: 1. The area is fenced and screened from view of neighboring residential uses or if abutting an "R" district in compliance with Chapter 3, Section 2 [G], of this ordinance. 2. Storage is screened from view from the public right-of-way in compliance with Chapter 3, Section 2 [G], of this ordinance. 3. Storage area is grassed or surfaced to control dust. 4. All lighting shall be hooded and so directed that the light source shall not be visible from the right-of-way or from neighboring residences and shall be in compliance with Chapter 3, Section 2 [H], of this ordinance. 5. Does not take up parking space as required for conformity to this ordinance. 6. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. The proposed “storage” area is within the existing parking of the Groveland Center building. There is no residential property adjoining the subject property that would be subject to the screening requirement in item 1 above. With regard to screening from the public right of way (item 2), the storage area itself does directly front on the public street – a future development phase at Chelsea Road (Outlot B) separates the area from the street, although without current construction, the stored cars will be visible. The storage area will be visible diagonally across the parking lot area to the southwest. However, as a PUD, the Groveland facility provides the opportunity to accommodate the proposal under the current zoning. In this case, the “storage” consists of cars that will be parked in the parking lot, virtually undistinguishable Planning Commission Agenda – 07/06/10 2 from other parked vehicles. In addition, the applicants indicate that while up to 23 spaces are reserved, there will routinely be far fewer than this as most of the stock is leased out at any one time. Finally, the storage will not be visible from the public right in most cases when other vehicles are parked in the lot – the parked vehicles will “screen” the view of the stored vehicles. Although this screening is not the standard method for accomplishing the ordinance objective, the storage of the vehicles in this area should not raise any unsightliness issues, and is allowable by the PUD process. With regard to items 3 and 4, the site is fully developed according to City standards, and this application should pose no issue. City Code Enforcement staff should verify compliance of the existing parking lot lighting with the property owner. Parking on the Groveland Center (item 5) is provided in the large lot adjacent to Chelsea Road, as well as a secured area behind the building. The site has a total of 181 parking spaces to serve a future total of approximately 40,000 square feet of building area (including future development on Outlot B). At full office/retail occupancy, the parking requirement would be 178 spaces, and current occupancies require less space due to automotive service parking demand (reducing parking requirements by 30 spaces or more), with the potential for additional parking area on Outlot B in the future. As such, the proposed storage area does not take up required parking area. Item 6 (compliance with Chapter 22) is a procedural requirement for the Conditional Use Permit process. This requirement is met through the current application. ALTERNATIVE ACTIONS Decision 1: Conditional Use Permit for an Amendment to the Groveland Center PUD for Open and Outdoor Storage of rental vehicles for Enterprise. 1. Motion to recommend approval of the CUP, based on findings that the proposed storage area complies with the requirements of the CUP for outdoor storage in the B-3 District, that the PUD provides adequate flexibility to accommodate the storage of vehicles in the parking lot without additional screening, and will eliminate issues with street traffic conflicts at the current location. 2. Motion to recommend denial of the CUP, based on findings that the application fails to conform with the specific requirements of the Zoning Ordinance and will interfere with traffic on the adjacent street. Planning Commission Agenda – 07/06/10 3 STAFF RECOMMENDATION Staff recommends approval of the CUP based on the proposed site plan, limited to rental vehicles as described in the application. SUPPORTING DATA A. Site Location Map B. Site Plan C. Elevations Application Site Location: Enterprise Exhibit 5A Planning Commission Agenda – 06/08/10 1 6. Consideration of a request for extension of a Conditional Use Permit for Amendment to Planned Unit Development for a retail commercial development at Monticello Travel Center 2nd Addition. Applicant: Mielke Bros., LLC (AS) REFERENCE AND BACKGROUND On June 5th, 2007, the Planning Commission reviewed and recommended approval of an amendment to Planned Unit Development request for the proposed Landmark Center project, submitted by Mielke Bros., LLC. The City Council subsequently approved the requests on June 11th, 2007. Due to non-use, the conditional use permit for amendment to PUD will expire on June 11th, 2010. The Monticello Zoning Ordinance requires that conditional use permits expire due to non-use after one year. The extension request sent by the applicant requests a one-year extension period. The planning report for the original item has been provided for reference. ALTERNATIVE ACTIONS 1. Motion to recommend extension of the June 11th, 2007, Conditional Use Permit for Amendment to Planned Unit Development for a retail commercial development at Monticello Travel Center 2nd Addition with the condition that all previously approved conditions be assigned to the extension. 2. Motion to recommend denial of an extension of the June 11th, 2007, Conditional Use Permit for Amendment to Planned Unit Development for a retail commercial development at Monticello Travel Center 2nd Addition, based on a finding to be made by the Planning Commission. STAFF RECOMMENDATION Staff recommends extension of the amendment to Conditional Use Permit for PUD. This recommendation is consistent with the Commission recent one-year extensions for other conditional use projects. SUPPORTING DATA Exhibit A: Staff Report - June 11th, 2007 Exhibit B: City Council minutes of June 11th, 2007 Exhibit C: Site Plans City Council Agenda 060908 SC Consideration to approve a request for extension of a Conditional Use Permit for Amendment to Planned Unit Development for a retail commercial development at Monticello Travel Center 2 Addition Applicant Mielke Bros LLC AS A REFERENCE AND BACKGROUND The Plannin Commission unanimously recommended approval of the extension during their June 3 2008 meeting On June 5t 2007 the Planning Commission reviewed and recommended approval of an amendment to Planned Unit Development request for the proposed Landmark Center project submitted b Mielke Bros LLC The City Council subsequently approved the requests on June 11 2007 Due to nonuse the conditional use permit for amendment to PUD will expire on June 11tb 2008 The Monticello Zoning Ordinance requires that conditional use permits expire due to nonuse after one year The extension request sent by the applicant requests aoneyear extension period The planning report for the original item has been provided for reference B ALTERNATIVE ACTIONS The Planning Commission recommends alternative 1 below 1 Motion to approve aoneyear extension of the June l la 2007 Conditional Use Permit for Amendment to Planned Unit Development for a retail commercial development at Monticello Travel Center 2d Addition with the condition that all previously approved conditions be assigned to the extension 2 Motion to deny an extension of the June 11t 2007 Conditional Use Permit for Amendment to Planned Unit Development for a retail commercial development at Monticello Travel Center 2d Addition based on a finding to be made by the Planning Commission C STAFF RECOMMENDATION Staffrecommends extension of the amendment to Conditional Use Permit for PUD This recommendation is consistent with the Councils recent oneyear extensions for other conditional use projects D SUPPORTING DATA Exhibit A Applicant Extension Request Exhibit B Staff Report June l la 2007 Exhibit C City Council minutes of June 11 2007 Exhibit E Site Plans Angela Schumann Subject FW Request for Conditional Use Permit ext Original Message From Dan Mielke mailtoDanMielke@monticellokl2mnus Sent Friday May 23 2008 248 PM To Angela Schumann Subject Request for Conditional Use Permit ext To whom it concerns 52308 I hereby request a one year extension of our Landmark Center Conditional Use Permit for parcel 5 Monticello Travel Center 2nd edition Dan Mielke Mielke Development LLC 1 Consideration of a request for Amendment to Planned Unit Development for a retail commercial development at Monticello Travel Center 2 Addition Applicant Dan Mielke NAC BACKGROUND The Planning Commission reviewed this item on June 5h The Commission expressed some concern as related to the stacking space for the drivethrough facilities The Commission discussed various alternatives choosing to condition their recommendation in such a way as to allow the developer maximum flexibility while still allowing for a review should intensity of use require further study As such the Commission recommended approval of the conditional use permit for drivethrough as noted below The Commission also recommended approval of the Planned Unit Development with the conditions as noted In relationship to the PUD the Commission noted the quality of the building design The Commission did discuss parking as related to tenant mix but determined that due to existing cross easements and the total number of stalls on site the parking shown is adequate for the proposed project The applicant indicated that they were willing to waive temporary sign permits for this specific site in relationship to flexibility granted for other portions of the PUD including the modifications to the Jiffy Lube sign As noted in the report the applicant will be making changes to the existing Jiffy Lube sign to accommodate both that existing project and this proposed project It will be the only pylon sign for this project As such a condition waving temporary sign rights ahs been added to the conditions for PUD approval Mielke Development LLC is seeking an amendment to a Conditional Use Permit for development stage Planned Unit Development for the construction of a shopping center and a Conditional Use Permit for a drive through lane located at Lot 5 of Monticello Travel Center Second Addition The applicant is proposing a 9590 square foot commercial center with multiple tenants to be located in the northeast portion of the site The underlying zoning is B 4 Regional Business ANALYSIS The subject site is located at the southeast corner of the intersection of State Highway 25 and Oakwood Drive The existing Planned Unit Development contains a Subway restaurant with a drive through a Jiffy Lube a Holiday convenience store and motor fuel station a Dairy Queen restaurant with a drive through and a second multitenant commercial center The subject site is located in the center of the development fronting on Cedar Street The site relies on PUD for shared parking shared access and setback flexibility Comprehensive Plan Monticellos Comprehensive Plan designates this area for commercial use Zonin The subject site is zoned B3 Highway Business The purpose of the B3 highway business district is to provide for and limit the establishment of motor vehicle oriented or dependent commercial and service activities CUPPUD A Planned Unit Development allows for flexibility in performance standards with the understanding that the development will be held to higher standards of site and building design than would ordinarily be required It is the applicantsresponsibility to design the development with significant benefits and communicate those benefits to the City for allowing aCUPPUD Parking The proposed building is 9590 square feet in area The proposed uses for the structure have not been provided Drive through lanes are proposed for the northernmost unit and easternmost units ofthe building The drive through indicates that these unit will be reserved for restaurant uses One restaurant unit is shown at 1499 square feet and one is shown at 1566 square feet The total kitchen and dining areas for these tenants have not been provided Staff has therefore estimated the area of the kitchen at 13 of the units Tenants for the remainder of the site are assumed to be various retail services Restrooms and refuse rooms have also been illustrated on the plan As such the estimated parking requirement is as follows Tenant Area Re uirement Stalls Restaurant 1 1499 sf total 10493 square feet 4497 s uare feet 1 space40 sf of dining area 1 s ace80 sf of kitchen area 27 spaces 6 s aces Restaurant 2 1566 sf total 10962square feet 4698 s uare feet 1 space40 sf of dining area 1 s ace80 sf of kitchen area 28 spaces 6 s aces Retail 1324 s uare feet 1 s ace200 sf of floor area 7 s aces Retail 1143 s uare feet 1 s ace200 sf of floor area 6 s aces Retail 1161 s uare feet 1 s ace200 sf of floor area 6 s aces Total Required 86 spaces The site plan illustrates 59 parking stalls 27 short of the minimum requirement The remaining Planned Unit Development area contains approximately 272 parking stalls 15 of which are directly adjacent to the site Some overlap in uses is expected and therefore a cross parking arrangement maybe accommodated by PUD to reduce the number of stalls required Due to the need for cross parking to accommodate the shortage staff recommends that the applicant provide a leasing arrangement whenever available so that the overlap in uses maybe evaluated more effectively Drive Through The applicant is proposing two drive through lanes circulating around the site One drive through lane is located on the east side of the building with traffic circulating from south to north The second drive through is on the north side of the building with traffic circulating from east to west As designed vehicles exiting the east drive through lane will meet vehicles entering the north drive through lane Thick striping is proposed to delineate the two drive through lanes and ease traffic circulation The City recommends using epoxy orpolypreformed striping for longevity and reduced maintenance Drive through establishments are allowed in the B4 District by Conditional Use Permit The Zoning Ordinance contains the following provisions for such uses The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute ablighting influence within a reasonable distance of lot At the boundaries of a residential district a strip of not less than five 5 feet shall be landscaped and screened in compliance with Chapter 3 Section 2 G of this ordinance Each light standard island and all islands in the parking lot landscaped or covered Parking areas shall be screened from view of abutting residential districts in compliance with Chapter 3 Section 2 G of this ordinance Parking areas and driveways shall be curbed with continuous curb not less than six 6 inches high above the parking lot or driveway grade Vehicular access points shall be limited shall create a minimum of conflict with through traffic movements shall comply with Chapter 3 Section 5 of this ordinance and shall be subject to the approval of the City Engineer All lighting shall be hooded and so directed that the light source is not visible from the public right of way or from an abutting residence and shall be in compliance with Chapter 3 Section 2 H ofthis ordinance The entire area shall have a drainage system which is subject to the approval of the City Engineer The entire area other than that occupied by buildings or structure or plantings shall be surfaced with a material which will control dust and drainage and which is subject to the approval of the City Engineer All signing and informational or visual communication devices shall be in compliance with Chapter 3 Section 9 of this ordinance As proposed each drive through lane is 12 feet in width The north drive through lane appears to approximately 75 feet of stacking space enough for up to six vehicles behind the pickup window and two vehicles behind the order board The east drive through lane appears to have approximately 58 feet for stacking space enough for up to five vehicles behind the pickup window and two behind the order board For the north drive through lane overflow stacking maybe accommodated internally by the existing parking lot drive lane However staff is concerned with any overflow stacking for the east drive through lane An existing drive through lane for Chelsea Commons exits directly adjacent to the entrance to the east drive through lane As such any overflow stacking may prevent patrons from circulating through the Chelsea Commons drive through The applicant has not indicated potential users for the site making it difficult to evaluate the potential volume of the drive through lanes A low volume drive through would typically accommodate abusiness such as a coffee shop The existing Caribou Coffee drive through has an average of five to six cars in the drive lane at one time with more during peak periods Therefore the proposed stacking space would be appropriate for slowvolume use However a higher intensity fastfooduse may cause congestion problems with the proposed drive through configuration As noted staff recommends that the applicant provide more detail on the potential drive through users through submittal of a leasing plan so that a more thorough analysis of the situation maybe performed The consulting engineer has reviewed the drive through design and provides the following comments 1 There does not appear to be enough room for stacking cars at the drive through window located at the northeast entrance 2 Replace the proposed concrete bollards with a concrete island Landscaping For commercial sites a minimum of one overstory tree per 1000 square feet of gross building floor area or one tree per SO lineal feet of site perimeter whichever is greater is required The site has approximately 822531ineal feet of site perimeter requiring 17 overstory trees as opposed to the 10 that would be required under the floor area calculation The applicant has provided one ofthe required 17 overstory trees as well as six ornamental trees The ornamental trees are proposed along the east property line The applicant is also proposing three irrigated planters on a concrete island on the north side of the site adjacent to the drive through lane A fourth planter is proposed on a concrete island in the southeast corner of the site Additional shrubs are also proposed for the north side of the site and in the southeast corner No foundation landscaping is illustrated on the plan and no grass is proposed with the exception of the landscaped strip along the east property line Lighting Alighting plan has been submitted for the site indicating full cutoff lighting throughout the parking lot The photometric plan indicates readings as high as 28 footcandles at the property line adjacent to Cedar Street Per ordinance the lighting plan shall be required to be revised prior to Final Stage PUD illustrating readings under one footcandle at the property line Signage In the case of a building where there are two or more uses and which by generally understood and accepted definitions is considered to be a shopping center or shopping mall a conditional use permit maybe granted to the entire building in accordance to an overall site plan indicating their size location and height of all signs presented to the Planning Commission A maximum of 5 of the gross area of the front silhouette shall apply to the principal building where the aggregate allowable sign area is equitably distributed among the several businesses For purposes of determining the gross area of the silhouette of the principal building the silhouette shall be defined as that area within the outline drawing of the principal building as 4 viewed from the front lot line or from the related public streets Several existing pylon signs are located throughout the Planned Unit Development The front facade is approximately 2124 square feet in area The building will also be visible from Oakwood Drive with a silhouette area of 2283 square feet The total silhouette area for the site is 4407 square feet Therefore the total allowable area for wall signage is 221 square feet The applicant is proposing ten 26 square foot wall signs for a total of 260 square feet Two wall signs are proposed on the east elevation three on the south elevation four on the west elevation and one on the north elevation The location of signage on all sides is acceptable However staff recommends that the applicant reduce the amount of wall signage proposed to not exceed 221 square feet The applicant is also proposing amultitenant pylon sign at aheight of 26 feet near the Jiffy Lube site adjacent to Highway 25 The face area of this sign has not been provided but has been calculated by staff at approximately 143 square feet As a condition of approval the applicant shall be required to provide the square footage of the tenant panels on this sign For properties on Highway 25 303 feet of pylon sign area is allowed per every 10 feet of lineal frontage with the following exceptions All properties may erect a pylon sign with a sign area of 50 regardless of front footage abutting Highway 25 and The maximum pylon sign area shall not exceed 100 sq ft regardless of total lineal footage of property abutting Highway 25 The overall PUD has approximately 850 feet of frontage on Highway 25 and is therefore allowed a pylon sign up to 100 square feet A second monument sign is also proposed in the southeast corner ofthe site at the entrance adjacent to Cedar Street This sign is 90 square feet in area and contains nine identification placards Cedar Street is a collector street with a speed limit of 30 miles per hour As such a monument sign 25 feet in area and 16 feet in height is allowed Although this proposed sign exceeds the maximum requirement staff encouraged the applicant to propose a monument sign in lieu of apylon sign in this location Due to the size of the overall PUD and the number of tenants the proposed monument sign maybe appropriate Access and Circulation Access to the site is provided by two existing curb cuts off Cedar Street one on the north side of the site and one on the south side of the site Cross access is possible to the north and south Internal drive lanes on the west side of the site are proposed at 24 feet in width wide enough to accommodate twoway traffic The internal drive lane on the east side of the site is proposed at 1624 feet and is striped as a oneway drive Cars exiting the site on the east side will have the option of exiting to the north only into the drive lane between the subject site and the proposed Wendyssite This drive will serve as a passing lane for the adjacent drive through lane Two ENTER ONLY signs one on each side of the entrance shall be required at the entrance of this oneway drive aisle on the east side of the site The applicant shall also be required to provide a DO NOT ENTER sign east of the exit lane at the northeast corner of the site No passing is proposed adjacent to the north drive lane prohibiting cars from circulating around waiting vehicles A DRIVE THRU ONLY sign shall be required at the entrance to this drive through lane to communicate that no pass through lane is provided Pedestrian access will be accommodated by a concrete sidewalk running along the south and west sides of the building A sidewalk connection is also provided to the Subway site to the west The width of the sidewalk in front of the building is proposed at eight feet Staff recommends that the applicant provide a crosswalk at the sidewalk separation extending west to the Subway site An existing sidewalk is also located on the east side of the site within the Cedar Street rightofway Building Design The building is proposed to be constructed mainly of EIFS block with masonry wall base and prefinished metal coping The front of each unit will contain a great deal of glass each with a fabric awning Some variation to the roofline is also proposed to break up the long facade All sides of the building contain windows vertical elements and roofline variation The only side without fabric awnings is the east side as no entrances are proposed The proposed trash enclosure will be incorporated into the building and be sectioned offby a steel door The color elevations provided illustrate warm earth tones with gray tinted glass and green awnings The proposed colors appear to blend well with the existing buildings on the Monticello Travel Center site Grading and Drainage The City Engineer and the consulting engineer from WSB have reviewed the grading and drainage plans and provided the following comments 1 If not connecting to storm sewer stub on south end of site either remove stub back to the manhole or install awatertight plug in upstream end of stub 2 Revise directional arrows for storm sewer on south end of site Currently shown going in two directions from manhole 3 All details must match current City Standard Detail Plates as appropriate City will provide in AutoCAD format upon request 4 Provide a detail ofthe curb section on the west property boundary 5 The applicant needs to provide a drainage map detailing the drainage areas for each proposed catch basin and the locations of existing catch basins are not identified on the plan 6 Provide details of how the drainage directed off site is managed specifically the northwest entrance north parking spaces and the south parking spaces Utilities Regarding the utility plan submitted the City Engineer and consulting engineer have provided the following comments 1 Provide utility profiles at each utility crossing location to check for conflicts Information incomplete at present 2 Provide insulation at storm sewer and watermain crossings per City Standard Detail Plates 2005 and 2006 3 Provide easements for sanitary manhole and downstream pipe near northeast corner of site Extend easement to Cedar Street rightofway 4 All unused sanitary sewer and watermain service lines must be removed back to the main otherwise the developer will be responsible for maintaining all abandoned lines in the future 5 Construct sanitary sewer manhole as standard sampling manhole near northeast corner of site per City Standard Detail Plate 3007 6 All details must match current City Standard Detail Plates as appropriate City will provide in AutoCAD format upon request 7 Show an overall site detail of the location of fire hydrants and access to the hydrants per the fire department expectations 8 Include details of how the sanitary sewer clean out will be protected from traffic loads 9 It appears that there are a number of sanitary and storm sewer stubs which will not be used with this project Include a plan to abandon or remove these lines Stormwater The City Engineer has reviewed the stormwater plans and provided the following comment 1 All details must match current City Standard Detail Plates as appropriate City will provide in AutoCAD format upon request ALTERNATIVE ACTIONS Decision 1 Regarding the request for an amendment to a Conditional Use Permit for Development Stage Planned Unit Development for a strip center with retail and commercial and restaurant uses the City has the following options The Planning Commission recommends alternative 1 below 1 Motion to approve the Development Stage Planned Unit Development based on a finding that the proposed use is consistent with the intent of the existing PUD and the B3 District subject to the condition outlined in Exhibit Z 2 Motion to deny the Conditional Use Permit for Development Stage Planned Unit Development approval based on a finding that the proposed use is not consistent with the intent of the existing PUD and the B3 District and the use may not be supported by the site Decision 2 Regarding the request for a Conditional Use Permit for two drive through facilities the City has the following options The Planning Commission recommends alternative 1 below 1 Motion to approve the Conditional Use Permit for two drive through facilities based on a finding that the proposed use is consistent with the intent of the PUD and the use satisfies the conditions of approval 2 Motion to deny the Conditional Use Permit for two drive through facilities based on a finding that the conditions for approval have not been met STAFF RECOMMENDATION Mielke Development LLC is requesting an amendment to a Conditional Use Permit for Development Stage Planned Unit Development to allow for commercial strip center containing a variety of retail and commercial uses as well as two restaurant uses with drive through lanes The site is part of the existing Monticello Travel Center Planned Unit Development which contains a mix of retail restaurant and service uses The proposed use appears to be generally consistent with the intent of the B3 District and the existing PUD Staff has highlighted concerns with the proposed development which maybe found listed in Exhibit Z Regarding Decision 1 staff recommends approval of the amended CUP for Planned Unit Development subject to these conditions outlined in Exhibit Z Based on discussion held at the Planning Commission meeting staff has also included an additional condition regarding temporary signage Regarding Decision 2 staff recommends approval ofthe CUP for a drive through facility subject to the conditions in Exhibit Z The site has adequate room for stacking space for lowvolume drive through uses The Planning Commission recommended condition 2 as related to the drivethrough in order to provide some ability to control potential stacking problems with any highvolume user SUPPORTING DATA Exhibit A Site Plan Exhibit B GradingErosion Control Plan Exhibit C Utility Plan Exhibit D SWPP Plan Exhibit E Architectural Site Plan Exhibit F Landscape Plan Revised Exhibit G Signage Plan Revised Exhibit H Signage Narrative Exhibit I Floor Plan Exhibit J Exterior Elevations Revised Exhibit K Photometric Plan Exhibit L Plan Review Comments from Bruce Westby dated 052107 Exhibit M Plan Review Comments from WSB dated 052207 Exhibit Z Conditions of Approval EXHIBIT Z Conditions of Approval Development Stage PUD for Monticello Travel Center 2d Addition Lot 5 Block 1 1 The photometric plan shall be revised to reduce the footcandle reading at the property line adjacent to Cedar Street to not exceed one footcandle 2 The applicant shall submit arevised signage plan illustrating wall signage not to exceed 221 square feet total The applicant shall also be required to provide square footage of the proposed pylon sign 3 A crosswalk shall be provided at the sidewalk separation extending west to Subway 4 The applicant shall use epoxy orpolypreformed striping for longevity and reduced maintenance 5 The applicant shall waive any use of temporary signs as related to Lot 5 Block 1 6 The applicant shall comply with all recommendations of the City Engineer as outlined in the May 21St memo prepared by Bruce Westby and the May 22nd memo prepared by WSB Conditions of Approval CUP for Drive Through Lanes 1 A drivethru only sign shall be required at the entrance to the north drive through lane 2 The use of the either or both drivethrough lanes for any highvolume tenant such as those equal to a fast food user similar to a McDonalds or Burger King are subject to a staff review and approval Council Minutes 611OT The tradein value of the 1988 truck is approximately 7500 but staff felt if it was sold on the open market it may go as high as 10000 John Simola said the people who bid on the Citys used equipment know that it is well maintained Clint Herbst said if the vehicle is good enough to sell to someone else it is good enough for the City to use John Simola explained the vehicle replacement policy that Public Works uses and how this allows them to budget for these major purchases as well as replace vehicles before they require major repairs Wayne Mayer felt if you aze going to spend the money it might be better to go with the hook truck at this time rather than came back in another year with a request to replace another truck John Simola stated the Sterling truck was supposed to be replaced three years ago but was delayed In evaluating their equipment needs they felt going with another Sterling truck at this time and adding the hook truck 23 years down the road better met the needs of the City Tom Moores stated that the people who would buy the old truck would be using it to plow parking lots He felt that for emergency type vehicles that are the first ones out to clear streets a reliable vehicle is needed The Public Works Department will again evaluate their equipment needs in July when the budget process starts so that the appropriate amounts can be budgeted Tom Moores added that emission costs for trucks have jumped up as well as the cost of steel He noted that within five years they would plan to replace or add a street sweeper SUSIE WOJCHOUSKI MOVED TO AUTHORIZE THE PURCHASE OF A STERLING L8500 SINGLE AXLE TRUCK FROM BOYER TRUCKS OF ROGERS EQUIPPED WITH A DUMP BODY AND PLOW EQUIPMENT FROM JCRAFTEQUIPMENT OF LAKE CRYSTAL UNDER STATE BID CONTRACT WITH THE OPTION OF ADVERTISING THE 1988 FORD L8000 ON SEALED BIDS PRIOR TO THE TRADE IN DATE TOM PERRAULT SECONDED THE MOTION MOTION CARRIED UNANIMOUSLY SGAmendment to Development Contract for Carlisle Ilage S Addition Clint Herbst had a concern about what is happening in the development as far as the trees He also wondered if everything is in place as far as the letter of credit to make sure that everything is cleared up and trees are replaced Jeff ONeill said there is 46000 in security available for this Although the trees in the development that are dying must be replaced other trees may be planted outside the plat at the discretion of the Council Clint Herbst asked Tom Scott legal counsel if he felt if this was the time to table the item in order to make sure the City has enough funds to take care of tree preservation Tom Scott felt if that was a Council cancem then the item should be tabled CLINT HERBST MOVED TO TABLE UNTIL THE NEXT MEETING ACTION ON APPROVING THE AMENDMENT TO THE DEVELOPMENT CONTRACT FOR CARLISLE VILLAGE 5 ADDITION BRIAN STUMPF SECONDED THE MOTION MOTION CARRIED UNANIMOUSLY SHAmendment to Planned Unit Developmentfor retail commercial development t Monticello Travel Center 2d Addition Clint Herbst pulled this item because of the condition on Exhibit Z stating that the use of either or both drivethrough lanes for any high volume tenant such as those equal to a fast food user similar to a McDonalds or Burger King are subject to staff review and approval He didntfeel city staff was more qualified to determine this than any consultants utilized by the applicant or tenant Clint Herbst felt 4 Council Minutes 611107 because they have their investment to protect the tenant would not put in something that would be detrimental to the business The drivethrough lanes were either okay or they were not The drive through lanes should not have to come back to staff Brian Stumpf said the concern with stacking is to make sure that it does not come back on the public street Jeff ONeill said there is concern that there might be occasions where it creates a visibility problem Clint Herbst felt since it only affects the property owner the property owner would be concerned that whatever they do works Clint Herbst reiterated his belief that if the drivethrough was okay it should okay for whatever tenant was using it Susie Wojchouski questioned the building name of Landmark Center since there is already a Landmark Square She felt it might create confusion not only for shoppers but emergency vehicles as well Tom Scott stated the City and County have certain controls with naming a plat but he didnt feel they could require the owner to change a building name Wayne Mayer asked about 3 on Exhibit Z stating that a crosswalk shall be provided at the sidewalk separation extending west to Subway Dan Mielke addressed this item stating that while he didntobject to this item at the meetings he did question why he is responsible to provide marking to direct Subway patrons It is an internal sidewalk Staff wants them to stripe the area so pedestrians could safely get over to Subway It was noted that Subway is part of the planned unit development Dan Mielke felt if people were going to park there to go to Subway they would go straight across and not follow the striping Wayne Mayer said he couldntsee making this requirement for an interior property and questioned why the crosswalk had to be there WAYNE MAYER MOVED TO APPROVE THE DEVELOPMENT STAGE PLANNED UNIT DEVELOPMENT BASED ON A FINDING THAT THE PROPOSED USE IS CONSISTENT WITH THE INTENT OF THE EXISTING PUD AND THE B3 DISTRICT SUBJECT TO THE CONDITIONS OF EXHIBIT Z WHICH WERE REVISED TO INCLUDE THE FOLLOWING 1 THE PHOTOMETRIC PLAN SHALL BE REVISED TO REDUCE THE FOOT CANDLE READING AT THE PROPERTY LINE ADJACENT TO CEDAR STREET TO NOT EXCEED ONE FOOT CANDLE 2 THE APPLICANT SHALL SUBMIT A REVISED SIGNAGE PLAN ILLUSTRATING WALL SIGNAGE NOT TO EXCEED 221 SQUARE FEET TOTAL THE APPLICANT SHALL ALSO BE REQUIRED TO PROVIDE SQUARE FOOTAGE OF THE PROPOSED PYLON SIGN 3 THE APPLICANT SHALL USE EPOXY ORPOLYPREFORMED STRIIING FOR LONGEVITY AND REDUCED MAINTENANCE 4 THE APPLICANT SHALLWAIVE ANY USE OF TEMPORARY SIGNS AS RELATED TO LOT 5 BLOCK 1 AND 5 THE APPLICANT SHALL COMPLY WITH ALL RECOMMENDATIONS OF THE CITY ENGINEER AS OUTLINED IN THE MAY 21 2007 MEMO PREPARED BY BRUCE WESTBY AND THE MAY 22 2007 MEMO PREPARED BY WSB AND TO APPROVE THE CONDITIONAL USE PERMIT FOR TWO DRIVE THROUGH FACILITIES BASED ON A FINDING THAT THE PROPOSED USE IS CONSISTENT WITH THE INTENT OF THE PUD AND THE USE SATISIFES THE CONDITIONS OF APPROVAL WHICH INCLUDES 1 A DRIVETHRUONLY SIGN SHALL BE REQUIRED AT THE ENTRANCE TO THE NORTH DRIVE THROUGH LANE TOM PERRAULT SECONDED THE MOTION MOTION CARRIED UNANIMOUSLY 5 L U L C J i7 Q W o Ti N M OD IA N N n Z M W O t0 y I i N m C O O N c 0 w L z r i 0 x z CITY SUBMITTAL 051407 oovx scr LANDMARK CENTER nsormioonv K n m g m 0 Y s RdearzgeaoG9IId9gRSceg96F es9g4ba 5 niFg ae 9eBRE eg d 7aS F65G b b sis4 sRas 33 6gMddddd7i655RggyF ITS 9 4 i i5 22l C33C3i ri i 4E ijSr 5zgyFfrGEgojSFiO e Ss8sds3 zkprgad9 qaaDaFaps Kxda dpagcrdd 5 qq j d Qg p ZtigFup sia4 pyp r 9 5 9 99 e 71R4 X96 A C ii 8 i A z i 9 g 9EP 1 d m gO a i JP r 1 YiySjF0bb4u z iii xx F E F TlY SUBMITTAL 051407 1 MONTIOELiO MN apgs 3 aAas tF x oAQR s EEeE sees 3 a F Z ii d y y r n r c c C C p a l tii f r j 1 lJ xt r fig ill ps g 6 z s s a 9 CITY SUBMITTAL 051407 a c cr C 1 6IREPLe1N 7lNDIRRjl a1ctmuCAm OF8L7RVEY g R CNiER Ftg eFIa d yat6i MGftI9II1b MIC 4 1 MoNTicsaqnsN 6 qEall t o wWa I IJI u a So n g 3p6 A Q a1 g J axgg0 q R i q a P 9 g rte Y 4 SUBMITTAL 051407 GRADIIVG I LANDMARK tlB tst o DRAINAGE CEN1ER t g nrertnornm dra tt rroANDERO6IONametdrltt CONTROLPIAN R a s ta gig nratc 61 MONTIOELLO biN icaAlC g ttS aawrarranr4aamuuaioanunsoa a s ig r iA a E 2 LRppp9 0 t 9 R 9 F q r o a F c r C lae 4d s I G S a e Aga Egpsagag I Ra RO i g s83 a R 8f a m R QQ8R Q i J SSgg B a b z f I g B8E p9i8g 0 g i gg s YOV 4S Q S z k i Y n 4NA g M1w 7 l x I rCVh g CITY SUBMITTAL 051407 n o E r N a L e gag Sn as sRF Rsss a a as l Jg L I 4 R ggpp g 3 @@@8 L R gy2 yM g q s RQ 333 A 3E a p R RE R s n e R J ut l I i v o rn Z 3 o0 @ R e3 S ev ux rwr waxrw LL5 ae s N iDWIClf yyy e Y nf1 R g R Rd i R 38 Y SUBMITTAL 051407 e 6TORM WATER POLLL7TION 0D CFNirFR PREVENTION T P PLAN nsoNrcesraoxav y I e F se p R @eR o tl iR A R Ay A xAq z uirew a a wvon Q nrtl wwwRamws FIff t Ei r j f F S I E E s e e e e e c a a i eei eei eejAi t r 0 9 Yr 6 5 S S E 3 A i i a rg3 S e m 5o AlpIIRKctt wuwaeon r g a i m r DL i er I I i i i i i i a A s SUBMITTAL 051407 I6NA6E PLAN ir I R CENTER i i i norrrcosraonnv N c I V f 1 O O v ti a a aaa Q i m W i1 z U T a r o s9 p c t a 1 U c v C N v fy m O y 0 t G TNl U V TO k G YIO I O Ny co n O p G D D Z n Z 1 s m t r O ti3 rr r 4G jr li xxQUe W xvzaruisto GOTOIZZITgI1SZI s 5 o Roy o o i 1 D 0 d 6 3 8 o S v p X LANDMARK CENTER SIGNAGE PROPOSAL 51407 Buildingsingae Standard code multitenant building signage for each suite as illustrated on the elevations Due to the fact this building will be surrounded by drives and the building front architecture is carried around all four sides of the building city staff has suggested the addition of appropriate building signage as illustrated Tenant Pylon We propose combining the Landmark Center tenant pylon with the existing Jiffy Lube pylon as illustrated The Jiffy capsule will remain at the top The old style reader board will be replaced by an electronic reader board with seven Landmark Center tenant identification panels below Landmark Center will waive tenants rights to the city permitted temporary signs We want to keep the area uncluttered Cedar Street entrance monument Decorative low profile entrance marker monument sign Drive Thru entrance markers One low profile entrance marker for each drive thru lane m MAY 1 1 y 9 t4 i P iV rr Y CCUrd I 5l15l2007j Dan Mielke A31pdf MAY 15 2007 r1 9j 3 3 Y 3fix1s 6 0 i o 1 m i i m i r m m m 2 o zd0G Z 0 I oir 0 00 r iv 55 p 001 J p BoO i O O Fyi 4 It O D O O oo 0 O ooG 0 0 o e2 pa 9Q r s1 aFb 33aFrgYsrya3PQg CITY SLR1IITTI03107 yr k1P1111t NLKPA9IUNti L112bIv CHVTHh E971 ft pp1r3Etiit1111 a jiiFiJ111S r t i a I 61111 f llit E L c Page 1 Planning Commission Agenda – 06/08/10 1 7. Monticello Zoning Ordinance Revision – Comment Review and Update (AS) REFERENCE AND BACKGROUND Although it may seem that things are quiet on this project, much work is occurring on the review of the complete draft of the zoning code. It is important to complete a formal review of action to date in the process and develop a framework of understanding on the process moving forward. As noted in a previous email, the IEDC small group has met three times to review the proposed zoning code. This past week, they got through the landscaping portions of Chapter 4 – Finishing Standards. The small group has a lot of good feedback to offer and they are generating good discussion on a number of items. As I mentioned earlier, I would rather that the Steering Committee, IEDC and other groups feel that we have a good product going forward than rush to meet a schedule. Therefore, I am not forecasting dates for the public meetings/hearings until we are further along. Additionally, because these are staff facilitated meetings, we are not incurring extra cost at this point. Instead, we are consolidating the comments and funneling them to MFRA for final inclusion into a redline version for the Steering Committee’s consideration. For the Steering Committee’s benefit, I am also attaching a copy of comments to-date from the following: City staff (Community Development, Building) City consultants (Campbell Knutson, WSB) IEDC Small Group Council member Perrault As you will note, these comments are of significant detail. The Steering Committee will meet on July 20th to review the draft code to date. The group will need to decide which of the comments from above to incorporate into the next draft. I would also propose a second July or early August Steering Committee meeting. If it has taken the IEDC four meetings to get through their comments, I would like the Steering Committee to have at least two meetings to digest all of the comments. Steering Committee members can find a current draft of the code available online under the Community Development section of the City website. I would further recommend that we consider breaking up the public hearings into three sections, rather than two. The amount of information in Chapters 3, 4, and 5 seem to warrant the extra time as follows: Hearing 1: Chapters 1- 3 Planning Commission Agenda – 06/08/10 2 Hearing 2: Chapter 4 Hearing 3: Chapter 5 - 8 Lastly, please find attached coverage of the zoning ordinance update process, which appeared in the St. Cloud Times. A WSB SB && elssociates, h1c. Infrastructure a Engineering a Planning ■ Construction To: Angela Schumann, City of Monticello Copy: Shibani Bisson, WSB & Associates From: Andi Moffatt, WSB & Associates Date: May 7, 2010 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 Re: Wetland, Shoreland, Wild and Scenic, and Tree Ordinance Review WSB Project No. 1494-40 As requested, we have reviewed the draft wetland, shoreland/wild and scenic, and potential tree ordinance options for the City of Monticello. This review was based on conformance with State and County standards, the City's needs, and ability to understand and implement the ordinance. Based on this review, we offer the following comments: A. Wetland Ordinance The City currently has a Wetland District outlined in Chapter 3 of the Overlay Zoning District. It is our understanding that the City is considering eliminating this district as it is never used. Based on our review, understanding of other cities' wetland ordinances, and our experiences, we offer the following: • It appears the original intent of the ordinance was to protect wetlands. However, the current language is cumbersome to implement and out of date. • The language seems to require the City identify the location of wetlands for the overlay district. This is not practical as wetlands can change over time. Further, the City is not guaranteed to locate all the wetlands as part of the overlay, thus incurring a cost to the City to routinely locate wetlands and/or address variances for changes. • To meet the perceived original intent of the ordinance and to be in conformance with State regulations, we recommend the existing language of the ordinance be removed and new language inserted that would officially adopt the Wetland Conservation Act (WCA) as the means to protect wetlands within the City (this was passed as Resolution 03-71 in September 2003), and identify the City as the Local Government Until. The ordinance could include general language as to what needs to be submitted to the City for review for WCA approval. Sample language is attached to this memo for your consideration. If the City wishes to have a wetland setback or wetland buffer, this would be the place for those regulations. We recommend at least a setback so structures are not constructed Minneapolis o St. Cloud Equal Opportunity Employer K:,01494-00\Docs\MEMO - —1—am - 050710.doc May 7, 2010 Page 2 immediately abutting the wetland, thus resulting in no yards or usable space as this usually results in wetland impacts by the landowner. B. Shoreland/Wild and Scenic Ordinance The City's Mississippi Wild and Scenic District ordinance was reviewed along with current and draft sample Shoreland ordinances from the DNR. Based on this review and conversations with Roger Stradal at the DNR, we offer the following information and suggestions: Shoreland • The purpose of a shoreland ordinance is to provide protection to DNR Public Waters and Wetlands. This is currently a separate ordinance from the Wild and Scenic ordinance, but may be combined based on DNR's future sample ordinance revisions. • The only DNR Public Water/Wetland within the City's current boundaries is Wetland 393W located on the west side of TH25 and south of Chelsea Road. • Based on information from the DNR, the DNR has never given 393W an official designation per the Shoreland Ordinance. • The OHW for this water body is 932.5 while the overflow outlet elevation is 950 feet. There is also wetland mitigation attached to this waterbody that was used for the adjacent development. This area is also owned by. the City. Because of these factors, the City can determine whether or not to create a shoreland ordinance for 393W. The DNR indicated they would prefer an ordinance, but is not requiring one since they have not provided a Shoreland designation for the water body. Since the area is developed around the water body, it is in public ownership, there is a high 100 -year high water level per the City's storm water management plan, and there is adjacent wetland mitigation, it is our opinion that there is enough protection on this water body that providing a shoreland ordinance for it would not be necessary. For DNR Public Wetlands/Waters that are within the annexation area, they are currently regulated by the Wright County shoreland ordinance. The City could indicate that if and when these areas become part of the City, the Wright County ordinance would still apply. Wild and Scenic District The water bodies that fall within the Wild/Scenic designation are the Mississippi River and Otter Creek. The Mississippi is classified as Recreational with Otter Creek as its tributary. Because of the confusion between Shoreland and Wild/Scenic, there is some confusing language in the ordinance for an average reader. Information and suggestions are below: • The table of setbacks is very useful, but it is confusing with the "General Development" criteria vs the Wild/Scenic what applies to which water bodies. The City's ordinance in 2.a says that the River and Otter Creek are "general development lakes and streams". I did not find in the current DNR Shoreland ordinance (MR 6120)where this applies. K:\01494-40\Docs\MEM0-—humann-050710An May 7, 2010 Page 3 • The DNR's existing rules 6105 (Wild and Scenic rules) indicates that Otter Creek as a tributary to the Mississippi River should have a 100 foot structure setback and a 75 foot septic setback.(MR 6105.0110 Subp. 3.B.3 and 6150.0120). The Mississippi River should also have these same setbacks with a bluffline setback for structures of 20 feet. The text in Section l.d and 2.b.iii says these requirements apply to "all public waters". This is confusing based on the information outlined in the Shoreland section above. Does this really relate to "all public waters" (including future annexation areas and 393W) or just Mississippi River and Otter Creek? • If the City wishes to combine the Wild/Scenic regulations with the Shoreland Ordinance, we recommend it be made clearer which water bodies are regulated by which standards. C. Tree Preservation Ordinance As part of the Natural Resource Inventory, wooded areas were inventoried and their quality assessed within the annexation area. This information can be used by the City to develop a tree preservation ordinance. Sample language was included with the NRI and is attached. Section 1-2 of this sample ordinance could be considered for incorporation into the ordinance. Some of the sample language involves regulating only those woodland areas that are of higher quality; however, only the areas within the annexation area were reviewed, so either additional review of the areas in the City would be needed or language added that these areas would be reviewed as part of a submitted development plan. This concludes our review of these ordinances. If you have questions, please feel free to call me at (763)278-7196. K:V494-40\DomMEM0- axhamann-050710.doc http://vN�vw.sctimes.com/,trticle/20100618/NEWSO1/106180039/Monticello-reworks-zorli S'CUl7 es com %., TaLeiza Calloway • tcallows; com • June 18, 2010 MONTICELLO — After adopting an updated comprehensive plan in 2008, Monticello is revamping its zoning ordinances to match. The yearlong task has included the creation of a steering committee to aid in the process of updating the framework for land use within the city. Community Development Director Angela Schumann said the code dates back to the 1970s. New provisions include regulations for wind energy systems, tree preservation and communication towers. "This is really an opportunity to respond to the changes in development and it's an opportunity to respond to the way people get to information," Schumann said. "What's most important about this document is that it is more user-friendly and more accessible." The most recent draft of the revised code will be available Monday on the city's Web site, www.ci. monticello. mn.us. From reorganization and redefinition to new provisions, the code has already changed. The document shrank from 33 chapters to eight, she said. Consulting firm MFRA helped with the process, guiding public discussions and transcribing the updates. "We've learned that for this document to be effective, we've got to engage (all) sectors of the community. We have to make sure (it) can continue to evolve," she said. "We learned that we can create something that is more clear and provides better direction for growth and development." The steering committee, made up of members from the city's Planning Commission and the City Counci, meets the third Tuesday of the month at the Monticello Community Center. The next meeting is in July. Page 1 of 1. Schumann said a second open house on the process is planned for late August or early September. For more information about the code call her at 763-271-3224. Advertisement Mom Dilemma #36: —'- Your daughter insists on vveaIing her princess COStUrTle tO the g(OCery store. Allow it or n0t7 •lI.' 1: i',`- 1 ; , , , .-It- t71i msi 1 Print Powered By Uynr7�ic littp://www.sctimes.com/fdcp/? 1.276891569420 6/18/2010 Kerry Burri Tom Perrault Comments.txt From: Ben Gozola [bgozola@mfra.com] Sent: Wednesday, June 23, 2010 11:54 AM To: Angela Schumann Subject: Kerry Burri & Tom Perrault Comments Do you want me to address the comments below and denote them as staff edits in the red -line version, or do you want to go through them first (assuming you may not have seen them yet). Just let me know. Thanks, Ben Gozola, AICP Senior Planner MFRA, Inc. 114800 28th Ave N, Ste. 140, Plymouth, MN 55447 1 www.mfra.com (763) 746.1650 Phone 1 (952) 217.0252 Cell 1 (763) 476.8532 Faxl bgozola@mfra.com -----Original Message ----- From: Kerry Burri[mailto: Kerry. Burri@ci.monticello.mn.us] Sent: Friday, June 18, 2010 4:16 PM To: Ben Gozola Cc: Tom Perrault Subject: FW: Monticello Code 06-01-10 Update Sorry for taking so long to review the Zoning ordinance rewrite but lucky for you I was on medical leave at work and had to stay off my feet a lot so I had a chance to read the ordinance rewrite that you sent some time back and here are my comments. This e-mail is coming from another city staffs e-mail address so I could sit while doing this. Some of this may be read as commentary but words mean things. Here we go. From Tom Perrault... Page 21, Ch.2 Section 2.4 (5) Approval criteria (d) and (e) can be quite subjective. I don't know what the "morals" of the town are and I won't be stopping development over a tree, etc. Page 25. Section 2.4 Sub.0 Variances, )(4) Review (b) Board of Adjustments and Appeals. Last line ---Denial of any request.... review criteria. It thyat wording correct? Page 28 Section 2.4 Sub.D Review (a) Conditional Use Permit Criteria (iv) -- Define "burden" because almost anyone could make a case that any increase in traffic is unwelcomed,etc. under(vii)l would not stop a development or a CUP just to save a tree. Page 32 (4) Review (a) Interim Use Permit Criteria (ii) "...adversely impact the health, safety and welfare of the community." I can see this phase being potentially abused and that using it can put a stop to almost anything that could happen.. That phase it used all over except this time did not add "morals" to it. Then (v)" ...that the interim use permit will not impose additional costs on the public if it is necessary for the public to fully or Page 1 Kerry Burri Tom Perrault Comments.txt partially take the property in the future." Our building standards could also cost the public more to take a property over. Maybe it is worth the risk. Page 34 --under (8)Suspension and Revocation --again the use of "..public health, safety and welfare.." referenced twice. Page 43 --under (iv) 3. Proposed to save healthy existing trees. Trees can be replaced. I think a developer will evaluate the situation and make a decision. Page 56 (6) Effect of an Administrative Home Occupation Permit Approval (e) An applicant..... renewal of a permit. Better let the applicant know about this. Page 59 (i) Percentage of Open Space. This open space requirements to me seem excessive. Page 60 (ii) Natural Feature Preservation --Some one may want a house on a hilltop. Why? Do you need it for a windmill/wind turbine? Page 68 (d)(v) General location of wetlands... within 200 feet of the perimeter of the subdivision parcel. 200 feet seems to be excessive. Page 84 3.4 (A) General Purpose(3) Strike the word "diverse" I will admit have a strong adversion to the word. "Range" means about the same thing. Diverse also dates this just like "groovy" or "jive" puts you into the late 1960's/early 1970's. Hopefully "diverse" will die in the English language soon and you can strike it any time it is used in this re -write. Page 89 Section 3.4 (D) R -A The maximum density and Base Density do not add up. I understand a CUP but I am afraid of overcrowding and the CUP being abused. Page 90 (1) .... For the portion of the lot .... one ornamental shrub per each 150 square feet.... This might be excessive. I would need an example. Page 91 Sect.3.4(e) R-1 I am again concerned with the math and overcrowding in the R-1 district. Page 110 Table 3-13 B-4 Development Standards --No setbacks? I can understand if this is a strip mall or connected businesses but there is no setback standards? Page 113 CCD --If a high-rise were to come in, then there should be no limit on density. Page 114 Table 3-15 CCD Development Standards --Maximum Height: Should maximum height be whatever the fire dept. can handle with the current equipment? Page 118 Table 3-16 Same as before with Maximum Height: Whatever the fire dept. can handle? Page 2 Kerry Burri Tom Perrault Comments.txt Page 120 Table 3-17. Along with my comment about height as in the last two tables, I was wondering if the setbacks should be more especially if the business could have unpleasant to be by because of dust, noise, etc. Page 124, 125, etc. Floodplain Districts. Are any elevation alterations allowed is my general question. Under page 125 (viii) I question "Why not structures and for the 10 year frequency flood event. I also wonder under(d)(i) I marked that and how "set in stone" will this be or do we have to answer to the DNR? Page 127 (f)(i) That might include anything and everything in reference to materials. Page 130(iv) ........... 100 -year or regional flood event. The plan.... Define "regional flood event"? Page 134 (c)(ii) ....parcel exceeding One Thousand Dollars($1,000) for a structural addition... How was this dollar values determined? Page 143 (4)Prohibited Uses --(e) and (h) This may conflict with some permitted uses is the note I have for this. Page 147 Table 3-18 Building Height Limitation of 35 feet --I may allow it to go higher. Page 148 Shoreland District (ii) ... breast height.... Is that young firm supple breast or 90 year old sagging -to -your -belly button breast height. Maybe we should use a "caliper inches" at a height above the ground. Page 154 Table X-X:XXX Preservation of Natural Features I am not quite following the table. I need an explanation. This also goes for the table on the top of Page 155. Page 155 (iv) Innovative Housing --Why does this apply to only low and moderate income levels? (b)(v) Outdoor Recreation Amenities..... at minimum five(5) percent of the construction cost of the principal structure.... How was the 5% level determined along with all the other levels? Page 156 in regards to this page my question is "Can the "party room" be on the 1 st floor and how would that affect the percentages?" in regards to both items under (ii). Page 158 (B) (7) Can we use a different work than "denuded"? Page 165 (3) (b) Strike the word "diversity". I think you can get along without it. Page 189(H) (b) Chain Link Fences -Residential or any district --can vines grow on it? Page 3 Kerry Burri Tom Perrault Comments.txt Page 190(5) Maintenance Required ---Will notices be given first before anything else is done? Page 192 (4) ...Certificate of Appropriateness? What the heck is that? Page 197 (C) (4) 1 believe I was told that lawn signs for the primary elections can go out on June 25 this year. We better check with the new state laws/statues in regards to this so that we do not have to correct it later. Page 199 (5) and (6). 1 don't know if I want to outlaw roof or rotating signs even if rotating signs are very 1960's/1970's. Page 215 Table 4-5 Type of Required Buffer Yards --I did not approve this when it came before council in the last year or two. I did not like to limit the number to only one recreational vehicle in the front or side parking. Page 218 (d) .... which requires backing into the public street is prohibited. So would we be outlawing angled parking like we have in front of Dan Olson's building on Walnut Street? Page 219 In regards to (k) Would Monticello Printing not be able to have their parking lot at 3rd and Cedar St. like it is. With the 125 feet of Street frontage, would you round up and down the value when it is over 125 ft or a multiple there of. In regards to (m) Striping--Wal-mart uses yellow and white striping in their parking lot to differentiate parking areas. Would they not be able to do this anymore? Page 225--(G) Use of Required Area......... Storage of snow. So would Wal -mart or other businesses have to get rid of their snow piles in their parking lots after each snow event? Page 226-230 How or where did these values come from? There is a duplication of items at the top of page 227. Under restaurants on page 229, what would a take-out place , may it be Domino's pizza, ice cream shop or Chinese take-out be treated under this? Page 233 (K) Commercial District Restrictions-- The sentence is not worded correctly. "In the B-1 ...... trucks". Page 236 (B) (1) (c) I disagreed with the 200 feet item when it first came up before the city council and still do. 200 feet is excessive. Page 246(C) (2) R-1 District --No less than 15% of the front building fagade.... Are you counting the foundation in that or is that above the 15% requirement? Page 248 through Page 254. 1 will not approve wind mills/wind turbines in the city Page 257 through 259. Table 5-1 1 am still pondering some of the items on Page 4 Kerry Burri Tom Perrault Comments.txt this. Could boarding houses be allowed in a A -O? Could Communications/Broadcasting be allowed in an A -O? In regards to day care centers, what about in-house day care facilities in residential areas? Page 264 Table 5-2 (2) The number of efficiency apartments in a multiple dwelling shall not exceed five(5) percent of the total number of apartments. How did that value be determined thus why that level? Page 265(2)(a)(iii) Useable Open Space. The 30% is excessive I feel. Page 267 (3) Group residential Facility ---Can someone operate an overnight daycare in their home? Page 270 (D) (2) (d) Interments shall take place at least 50 feet from the lot line. Why so much? 25 feet might be enough especially with a fence. I could understand it if it is along a roadway. Page 271(2) (e) Cemeteries shall not be located with one-half mile of Interstate Highway 94. Where did this value of one-half mile come from. Is there a distance we need to be back from other roads like Hwy. 25, County Road 75, County Road 39, etc. Page 273 (E) (3) (d) last word should be "met", not me. Page 275 Why or Does "Victoria's Secret" count as adult? Also under (vii) 3. Sign messages shall comply with the requirements aof size and number for the district in which they are located? Does size really matter(sarcasm)? Page 280 (c) Activities shall be limited..... conditional use permit. What if they have a large party room or a yard that could hold a wedding, etc. Would it be unlawful then. Under (6) Boarding Houses --I question some of the numbers as in regards to number of units, % of ground floor space for restaurant facilities and the "no case less that 25 seats for seating capacity. Page 282 (10) Day Care Center (a) Like I asked before, can there be no overnight day care centers? Under(b)......... A minimum size of the outside recreational facility.... Where did the values for the size come from(sq.ft. per child)? Page 283 (14)(a)(iii) Is there a size limit to the caretakers quarters and why is there a limit of one? Page 284 (17) (b) Could a business like G&K services be zoned for B-4 or could they be in an 1-1 or 1-2 area? Under(c) could tattoo parlors be in an 1-2 district? Page 294 (9) (a) (i) Add the word "at". The minimum lot area shall be at least two acres. Page 298(g) What if it fenced in regards to the 300 feet from the property Page 5 Kerry Burri Tom Perrault Comments.txt line? Page 301 Table 5-2 1 am questioning allowing Communication antennas in all districts. I also question allowing heliport as a "C" in all those districts listed currently. What about Heliports in an A -O, 1-1 and 1-2 district? Page 302 No Wind Energy Conversion System, Commercial or Non -Commercial. Page 304 (3)(a)(i) 1. It is blank behind it. Page 305 (ii) 3. Private garages shall not be used for the storage of more than one commercial vehicle.... What if both people/both bread winners in the family have a commercial vehicle? Page 306 (4)(d) Under this item, is this an 1-2 standard. That is not very big(I will refrain from a sarcastic remark here). Page 307 (7) (b) What about in an R -A or R-2 district in regards to how many boarders you can have? Page 310 (c)(ii)2. Satellite dish antennas ---What about the size of them in the other zoning districts? Page 314 (d)(x) In regards to off-street parking, What about Tupperware, Avon and Mary Kay parties? Page 315 items(e)(i) and (f)(iii)1. Conflict in who can be employed in a home based business. Item(f)(ii) ties into item on page 314(d)(x) General question here ---Can someone have a home-based business selling adult material that is currently zoned under the 1-2 district? Can they have parties like Tupperware and Avon do? I have heard of people having such a business(never been to one of those parties). Page 319 (20) (a)(v) Can a vehicle with a "For Sale" sign not be parked on a public street? I know some cities have outlawed this. What if someone is not a resident and parks their vehicle in town and does not know of the ordinance? Page 321 (a)(viii) No wind energy conversion systems!!! Page 325(32)and (33) No wind energy conversion systems!!! Page 331 (d) add "in". Not be located within any right-of-way; That should conclude my comments for now. Thank you. Tom Perrault Monticello City Councilmember Page 6 MEMORANDUM TO: Angela Schumann FROM: Andrea McDowellll Poehler DATE: May 27, 2010 RE: Zoning Ordinance Review Global Comments • A definition section must be provided; • The ordinance makes references to this ordinance or sections of this ordinance, if the ordinance will be codified with the City Code, the references to "ordinance" should change to references to a chapter, title or section or "this Code" as appropriate • Throughout the zoning ordinance are references to "consistency with the Downtown Revitalization Plan." If this Plan is not part of the Comprehensive Plan, it should be officially adopted by the City; otherwise, the references to it in the zoning ordinance may not be supportable and a denial based on lack of consistency may be subject to challenge. If the requirements are specific, perhaps it should be an overlay district and the requirements directly incorporated into the zoning ordinance. This would provide the best deterrent to any challenges. • I have not yet completed a review of the antenna/satellite provisions which will require a review of federal law and recent updates. I will provide that as soon as possible • Without the definitional provisions, some of these comments and my review may be incomplete. • Please feel free to call me to discuss any of the comments at (651) 234-6228 Chapter 2 Table Summary of Rose of Decision -Making Bodies: Is the Community Development Department actually the decision making body on Building Permits and Certificates of Occupancy. I believe that role is assigned through state law to the Building Inspector and the Community Development Department would merely recommend. Please confirm. 2.2(C)(6) — this is inconsistent with the table where the PC makes final decision. However, if a site plan agreement is required, that should go to the City Council. 2.2(F)(1) — (2) — Is this appropriate for the zoning ordinance or should it be located in the general code provisions related to commissions and committees? 2.3(B) — You may want to add an additional subsection (4) providing that the City may require necessary supporting title information establishing ownership interests in the property, such as a title commitment. This could also be included under 2.3(D)(2). 2.3(D) — You may want to require as part of the application submission that "applicant provide a list of property owners located within the required notification distance of the subject property for the type of application. Said listing shall be obtained from and certified by an abstract company." 2.3(H)(4) — The City may want to consider requiring an escrow for applications to cover these costs up front. Escrow amounts for the various application types can be added to the fee schedule, with a requirement that the escrow be maintenance/replenished to cover costs. 2.3(I)(2) — Revise first line to read: "Unless otherwise expressly provided or re uic�red by law, all statutorily or code required notices shall be postmarked or published . .. " 2.4(B)(4)(b) — Do you want to provide that the Council may decide to hold a hearing in addition to recommendation by Community Dev. Dept? Also, the last sentence of this section does not comply with state law with respect to zoning map amendments and must be revised to read: Approval of an amendment shall require a majority vote of all members of the city council. Amendments which change all or part of the existing classification of a zoning district from residential to either commercial or industrial require a two-thirds majority vote of all members of the city council. 2.4(C)(1) In the seventh line "of property" should read: "on property" 2.4(D)(7) With the economy as it is, a lot of permits have been getting extended where property owners are short on funds, do you want to consider unlimited extensions if approved by council. 2.4(D)(4)(d) — Fifth line, "insure" should read "ensure." 2.4(D)(8)(a)-(b) — Is 6 months adequate? Should council have the ability to provide unlimited extensions, if necessary. 2.4(E)(4)(v) I am not sure of the purpose for the consent agreement in relation to property that may be taken over by the public, can you provide additional info? This restriction could be considered a "taking" through limiting the use of the property in advance of public acquisition. 2.4(E)(8) — The first clause of the first sentence is invalid and must be revised to read: The City Council may suspend or revoke an Interim Use Permit upon finding that any of the conditions set forth in the permit are violated. Like a variance and CUP, IUPs run with the land and cannot be revoked if the property is in compliance with the permit and city code. If the use is having an impact on surrounding property in a way not foreseen in the initial approval, the City would need to enforce it under its nuisance ordinance, but could not revoke the IUP. I recommend deleting the last sentence, as this would be something that could be considered as part of the revocation process, but does not need to be a requirement under the code. 2.4(E)(9) — See previous comments regarding time limits and extensions for permits issued, but unused. 2.4(E)(10) — I recommend deleting this section. The statutes do not provide for an alternate approval process for renewals. If the IUP is set to expire, it requires an amendment under the full process to extend. 2.4(G) — technically, these are variances and should be treated as such, including the provision of notice and hearing 2.4(N)(7)(i) — Delete "maximum of in heading, as it suggests that something less than the maximum can be awarded. 2.4(N)(12)(a)(i) — Do you want to add at the beginning of this section: "Unless an extension is approved by the City Council, ... " 2.4(N)(12)(c)(iii) — If an abstract is provided, it will require the city to spend additional funds to have an attorney review the abstract. This may be very simple and straightforward for a short, clean abstract; however, it may be very cumbersome and costly for a lengthy abstract. I recommend deleting the last sentence and revising this section to read as follows: "Up-to-date title evidence for the subject property in a form acceptable to the City shall be provided as part of the application for the PUD Final Plan. " 2.4(N)(12)(c)(iv) — Revise this section to read: "Developer shall provide warranty deeds for Property being dedicated to the City for all parks, outlots, etc., free from all liens and encumbrances except as otherwise waived by the City. " 2.4(N)(12)(c)(v) — Revise this section to read: "Developer shall provide all easement dedication documents for easements not shown on the final plat including those for trails, ingress/egress, etc., together with all necessary consents to the easement by existing encumbrancers of the property. " Chapter 3 • Throughout this chapter, the chart references "Required yards," to make this more clear, I would recommend changing all references in the charts and footnotes to: "Required Setbacks " • In the flood related overlay districts, I am not sure that the requirements are up-to- date, given the references to statutes that have been repealed for many years. Can you confirm that the regulations themselves have been reviewed recently? • Should 3.7(C) include a new subsection after (C)(5) dealing with criteria for a General Flood Plain District similar to the breakout sections for the FF and FW Districts? 3.2(A)- the flood fringe (FF) and floodway (FW) districts should be included here. 3.5(G) — Information missing on the B -C district 3.7(C)(1)(a) — change the reference to Chapter 104 to 103F. Minn. Ch. 104 was repealed in its entirety. 3.7(C)(2)(a) — this should include a reference to general flood plain districts and/or any zones identified in a Flood Insurance Study for the City, if one has been done? 3.7(C)(2) — Would a definition section be useful or the definitions included elsewhere, e.g. (G) Definitions: Unless specifically defined below, words or phrases used in this Chapter shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this Chapter its most reasonable application. BASEMENT.- Any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four (4) sides, regardless of the depth of excavation below ground level. This definition of basement is for interpreting and administering only the provisions of this Chapter dealing with floodplain regulations and is distinct from the definition that applies to the other Chapters of this Title. EQUAL DEGREE OF ENCROACHMENT.- A method of determining the location of floodway boundaries so that flood plain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. FLOOD: A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. FLOOD FREQUENCY: The frequency for which it is expected that a specific flood stage or discharge may be equalled or exceeded. FLOOD FRINGE: That portion of the flood plain outside of the floodway. Flood fringe is synonymous with the term 'floodway fringe" used in the Flood Insurance Study for the City. FLOOD PLAIN.• The beds proper and the areas adjoining a wetland, lake, or watercourse which have been or hereafter may be covered by the regional flood. FLOOD- PROOFING: A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. FLOOD WA Y.- The bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining flood plain which are reasonably required to carry or store the regional flood discharge. OBSTRUCTION: Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure or matter in, along, across, or projecting into any channel, watercourse or regulatory flood plain which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. PRINCIPLE STRUCTURES: All structures that are not accessory structures. REACH: A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two (2) consecutive bridge crossings would most typically constitute a reach. REGIONAL FLOOD: A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100 year recurrence interval. Regional flood is synonymous with the term "base flood" used in the Flood Insurance Study. REGULATORYFLOOD PROTEC TIONELEVA TION: The regulatory flood protection elevation shall be an elevation no lower than one foot (I) above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. STRUCTURE: Anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, travel trailers/vehicles not meeting the exemption criteria specified in subsection , and other similar items. VARIANCE: A modification of a specific permitted development standard required in an official control, including this Chapter, to allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular property for the purpose of alleviating a hardship, practical difficulty, or unique circumstance as defined and elaborated upon in the City's respective planning and zoning enabling legislation. This definition of a variance is for interpreting and administering only the provisions of this Chapter dealing with flood plain regulations and is distinct from the definition that applies to the other Chapters of this Title. 3.7(C)(4)(a) (i) — revise first line to read: "Agricultural: General farming, pasture, grazing, outdoor plant nurseries, horticulture... " (ii) — revise first line to read: "Industrial and Commercial: yards, loading areas, parking areas, and airport landing strips. " (iii) — revise first line to read: "Private and Public Recreational Uses: golf courses, tennis courts, driving ranges, archery ranges ... " (iv) — revise first line to read: "Residential uses: lawns, gardens, parking areas and play areas. 3.7(C)(4)(c)- revise heading to read: "Conditional and Interim Uses" 3.7(C)(4)(d) —revise heading to read: "Standards for Floodway Conditional and Interim Uses " 3.7(C)(g) — replace reference to Minn. Statute Chapter 105 to Minnesota Statutes, Chapter 103G (as 105 was repealed). 3.7(C)(4) - add new subsection (i) to read: (i) Garbage and Solid Waste Disposal: a. Garbage and solid waste disposal sites may not be located in floodway areas. b. There shall be no further encroachment upon the floodway at existing sites. 3.7(C)(5)(e) — add new subsection (viii) to read as follows?: (viii) Waste Treatment and Waste Disposal: a. No new construction, addition, or modification to existing waste treatment facilities shall be permitted within the flood fringe unless emergency plans and procedures for action to betaken in the event offlooding are prepared, filed with and approved by the Minnesota Pollution Control Agency. The emergency plans and procedures must provide for measures to prevent introduction of any pollutant or toxic material into the flood waters. b. There shall be no disposal ofgarbage or solid waste materials within flood fringe areas except upon issuance of a conditional use permit for sites approved by the Minnesota Pollution Control Agency, provided there will be no further encroachment on the floodway. 3.7(C)(7)(c) — There should be a colon after "provided" in the first sentence, not a period. 3.7(C)(9)(b)(iii)- Add "or interim" after the word "conditional" in the second sentence. 3.7(C)(9)(c)(v) — To avoid conflict with the 60 day rule requirements, I recommend deleting the first 9 lines and retaining the remainder of the section beginning with "Violations of any conditions and ...... 3.7(C)(9)(d) — Revise heading to read: "Conditional and Interim Uses ". Also, throughout this Section add "and interim " after "conditional whenever used in this section. 3.7(C)(9)(d) — Revise first line to read: "The City Council shall hear and decide applications for conditional and interim uses ... " 3.7(C)(9)(d)(ii) — To avoid conflicts with the 60 day rule, I recommend deleting the first sentence. 3.7(C)(9)(d)(iii)(5) — To avoid conflicts with the 60 day rule, I recommend deleting this subsection in its entirety. 3.7(C)(12)(a) — In the 5th line, replace the word "he" with "the Commissioner" Wetland and Scenic River Overlay Districts. These sections are based on references to outdate state law and rules. Will they be updated accordingly and do you want my review before or after these sections are reviewed and updated? Chapter 4 4.1(A)(2) —Capitalize "City" in the second sentence. This probably should be a global comment. 4.1(E)(3)(a) — revise the reference to 3(a) to ? Not sure what is intended here, perhaps (C)(1)? 4.1(E) — Are there any species of trees that should be prohibited, e.g. ash? 4.1(H)(3) — this section seems extremely vague such that denial of the 500 feet bonus could easily be challenged. Are there any specific indicators that you could include? 4.1(H)(4) — Revise last sentence to include a reference to the "proof of parking" section. 4.1(J)(1) — Clarify last sentence to specify what is being screened: e.g. the building or the entire parcel, or ? 4.1(J)(2) — same comment as for 4.1(J)(1) 4.1(M) —Revise second sentence to read: "Such fence shall provide 100% opacity and shall not exceed eight (8) feet in height or be less than six (6) feet in height. " 4.1(M) — The last sentence needs to be deleted or revised to give clarification on the type of fencing materials that are appropriate and should not be left to the discretion of a city department. 4.1(N)(2) — What is "landscaped garden area"? This should have a definition. What is contemplated for the remaining 40% of the front yard? This section seems a bit complicated. I am not sure that I clearly understand it. 4.3(C)(2) — the "t" in the 4a' line should be "to." 4.3(D) Revise first line to read: "Fences and walls are not permitted in the public right- of-way except for retaining walls as approved by the City Engineer through a written encroachment agreement in a form approved by the City. " 4.5(A)(3A-3) — revise references to the "sign ordinance" to read "this Section " or, if appropriate, "this Chapter. " 4.5(A)(3A-4) —revise "permit" in the second line to read: "sign permit. " 4.5(A)(3A-4)(F) —revise the last line to read: "within the time frame provided for a decision as provided under Minn. Stat. Section 15.99. " 4.5(A)(3A-5)(A) —revise last line to read: "involving sign painting on a surface other than the surface of the building. " 4.5(A)(3A-5)(D) — recent changes in state law require that this section be revised to read as follows: All noncommercial signs are permitted on private property in any zoning district with the express consent of the owner or occupant of such property. In a State general election year, noncommercial signs of any size may be posted in any number forty-six (46) days before the State primary in a State general election year until ten (10) days following the State general election. Election signs posted in connection with elections held at times other than those regulated by Minn. Stat. 211B.035 shall not be posted more than 13 weeks prior to the election and shall be removed by the party responsible for the erection of the sign or the property owner within ten (10) days after the election. 4.5(A)(3A-5)(E) — Are these defined somewhere? 4.5(A)(3A-6)(C) — Since the premise of this section is not to base regulations on "content" and since state law provides a remedy, should this section be deleted? 4.5(A)(3A-10)(M) — Delete the second "that" in the first line. 4.5(A)(3A-10)(M) — In the first line of the paragraph on monument signs, delete "are" and replace with "area. " 4.5(A)(3A-10)(S) — the limitations on area in this section should clarify whether the limit is per face of a multi -faced sign or a total for all faces. This comment is a global comment as it applies throughout Section 4.5 and limits on area provisions. 4.5(A)(3A- I 0)(U)(3) — limit per face or total for all faces? 4.5(A)(3A-10)(V) — Revise this section to add at the end of the first paragraph the following and number each paragraph thereafter: "Dynamic signs shall comply with the following requirements: " 4.5(A)(3A-10)(V) — Revise the second line of the 4th paragraph (to be renumbered as 3.) to read as follows: "time and temperature displays which may change as frequently as once every three (3) seconds. " 4.5(A)(3A-10)(V) — Delete the 7th paragraph regarding "Amber Alert." This is inconsistent with the policy of the ordinance to not base requirements on "message." This could be deemed to be a "taking" of private property. 4.5(A)(3A-10)(V) —Eighth paragraph regarding licensing. If there is a license requirement, I recommend that license -related provisions be place there and not in the sign ordinance, which has no such requirement and that this paragraph be deleted. The City could provide a single statement that, as a condition of the sign permit, all necessary licenses be obtained for a dynamic sign. 4.5(A)(3A-10)(V) —Ninth paragraph. Would the City want to include a restriction for abutting property that is used for residential purposes (even if not zoned for residential) e.g. a legal nonconforming use? 4.5(3A -11)(A) — There is no PZM zoning district identified in the district table or elsewhere in the zoning ordinance. 4.5(3A -11)(A) — sign area limit per face or total area of all faces? 4.5(3A -11)(B) — There is no P -S zoning district identified in the district table or elsewhere in the zoning ordinance. 4.5(3A -11)(B) — sign area limit per face or total area of all faces? 4.5(3A -12)(A) — No P -S or PZ districts. 4.5(3A -12)(A)(1) —revise first line to read: "Exceptfor the uses specified in Section 3A - 12A2 and 3 of this Chapter, not more than one (1) " 4.5(3A -12)(A) (1)(a)— sign area limit per face or total area of all faces? 4.5(3A -12)(A) (2)— sign area limit per face or total area of all faces? 4.5(3A -12)(A) (3)— sign area limit per face or total area of all faces? 4.5(3A -12)(B) —No PZ district 4.5(3A -12)(B) (2)(a)— sign area limit per face or total area of all faces? 4.5(3A -12)(A) (2)(b)— What is the "freeway corridor area"? Also, sign area limit per face or total area of all faces? 4.5(3A -12)(A) (2)(d)— Sign area limit per face or total area of all faces? 4.5(3A -12)(A) (5)— After the first paragraph, letter each following paragraph in alphabetical order "a" through "g" 4.5(3A-12)(H)(2)(b) — delete this paragraph as unnecessary. The procedures have already been established in chapter 2. Duplication may result in confusion and failure to make changes in both duplicative sections when changes are made, resulting in inconsistencies. 4.7(A)(1) — Delete "as" in the first line. 4.8(F)(5) — No PZ district. 4.9(B)(4)(b) — Should a letter of credit or other security deemed acceptable by the city be required rather than a bond that can be more difficult and cumbersome to draw upon? 4.9(E)(3) — Revise the word "should" in these 2 sentences to read "shall." 4.10(C)(R-1 District) - Revise the first line to read: "A minimum of 15% of the front building fagade of any ... " Is it clearly defined within the code what the "front" of the building is? The final 2 sentences under this section provide a bit too much discretion to the zoning administrator. See attached example ordinance of additional sample criteria for design standards to limit discretion through design criteria guidelines. 4.10(C)(R-IA and R -2A District) — No such districts identified in Chapter 3. Revise first line to read: "A minimum of 20% of the front building ... " Same comments as above. 4.11 • Should this use be an IUP? 4.11(B)(3)(b) — delete this provision. Abutting owner complaints are not a basis for requiring response, unless the use is in violation of the ordinance (e.g. nuisance, MPCA noise standards) or permit provisions. Refer in the ordinance to the requirement of complying with MPCA noise standards. Chapter 5 5.1(A) Use Table. Group Residential Facilities. The Use Table and definition sections must be updated to conform to the requirements of state law as follows: The following uses must be considered permitted single family residential use of property: • State licensed residential facility or a housing with services establishment registered under Chapter 144D serving six or fewer persons; • Licensed day care facility serving 12 or fewer person; • Group family day care facility licensed under Minn. Rules parts 9502.0315 to 9502.0445 to serve 14 or fewer children; • Exception: a residential facility whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses shall not be considered a permitted use. The following uses must be considered a permitted multifamily residential use of property or a conditional multifamily residential use if necessary to provide conditions to assure proper maintenance and operation of the facility: • State licensed residential facility serving from 7 through 16 persons; • Licensed day care facility serving from 13 through 16 persons Manufacture Home Parks. Concern regarding the allowed districts. Note that a manufactured home park must be allowed as a conditional use in any zoning district that allows the construction or placement of a building used or intended to be used by two or more families. This would require that manufactured home parks be allowed in the B-2, CCD and R-2 districts as Conditional Uses. Standards for granting the conditional use should be explicitly stated in the city ordinance. Place of Public Assembly Use. Concern regarding the Place of Public Assembly District. Note that this may be subject to challenge under the Religious Land Use and Insitutionalized Persons Act ("RLUIPA"). RLUIPA provides that no government may impose or implement a land use regulation in a manner that: • Treats a religious assembly or institution on less than equal terms with a nonreligious assembly or institution. For example, a zoning ordinance that allows community centers and fraternal organization centers in a particular district, but not a religious center (such as a church, mosque or synagogue), whose use would be strikingly similar to the other allowed uses. Note that districts available to Public Buildings or Uses are more expansive than the Place of Public Assembly districts. If a church wanted to locate in a B 1 or B2 district, for example, they may have an argument under RLUIPA, based on other similar uses that are allowed in those districts. • Discriminates against any assembly or institution on the basis of religion or religious denomination. • Totally excludes religious assemblies from their jurisdiction or unreasonably limits religious assemblies, institutions, or structures within a jurisdiction. The City can consider this issue now or wait to face it and perhaps address through and ordinance amendment if challenged in the future. 5.2(A)(1)(e) - Cities may adopt local noise control ordinances. However, cities cannot set standards describing the maximum levels of sound pressure that are more stringent than those set by the MPCA with respect to environmental noise monitored at the location of the receiver. Cities can adopt more restrictive noise level limits than those set by the MPCA to regulate the emission of noise from specific sources. The noise provisions in this section are not consistent with the MPCA regulations. I recommend deleting the noise provisions in this section in their entirety and providing the following as a general performance standard for all districts: Noises emanating from any use shall be in compliance with and regulated by the State of Minnesota pollution control standards and rules. In no case shall noise emanations constitute a nuisance as defined and regulated by this code. The League has model long and short form noise ordinances that the City could review and consider for the Code, but these are usually not located within the zoning ordinance. 5.2(B)(3) — need a definition for "community garden" provided somewhere in the zoning ordinance. 5.2(C)(2)(d)(vi)(1) — need clarification on what constitutes "useable open space" 5.2(C)(3)(g) — I am not familiar with this document or whether it is currently in use. I recommend revising this subsection to read: `All state laws and statutes governing such use are strictly adhered to and all required operating permits are secured. " 5.2(E)(1) — What if there are mixed uses in the remaining portion of the building? 5.2(E)(3)(a) — I recommend deleting this provision as unenforceable. 5.2(C)(3)(d) — "me" should be "met" 5.2(C)(3)(e) — This language gives too much discretion and is thus unenforceable. Revise to read "The site shall conform to signage requirements provided under Section _ of this Code." Delete the last sentence. The sign provisions may need to be updated to include signage options for multiple tenant structures. 5.2(F) — to be valid and enforceable, the adult use provisions must have been adopted with very specific Findings of Fact based on studies documenting the negative secondary effects associated with adult uses. If this wasn't done when these provision were originally adopted, it should be done now. Also, courts have approved ordinances where at least 5% of the land was available for adult uses. Applying the setbacks, the area appears to be reduced to 2.35%. This amount of land is definitely on the low side. Acreage closer to 5% would be preferable. Could the setbacks be reduced and/or the Il district be included with even greater setbacks? 5.2(F)(3)(b) — in the third to fourth sentence "to the side of the principal structure" should be better clarified, e.g. referencing side or front yard setbacks. 5.2(F)(4)(a)(i) — this section would be more clear if it were reversed to read: "The architectural appearance and functional plan of the building and site shall be consistent with the existing buildings and area to avoid impairment in property values and blight within a reasonable distance of the lot." 5.2(F)(4)(a)(v) — It may be clearer to reference opacity, e.g. 100% opacity. 5.2(F)(4)(a)(xiii) — No PZM district listed in table or uses. 5.2(F)(4)(b)(iv) — The "city's theme lighting style" should be better identified, either by reference to a plan or specific detail on the style. 5.2(F)(5)(b) — No PZR district or use identified in Ordinance. 5.2(F)(4)(e) — Delete the following language at the end of the subsection: "under this conditional use permit." 5.2(F)(6)(a) — I'm not sure I understood the requirements here. Should this section read: `7 the existing building/structure proposed for the use is determined by the City to be substandard and/or blighted ...... I am still concerned that this sort of requirement is not proper for a zoning ordinance, as it should be determined under the building permit requirements as to whether the building meets code for the change in use. Any prohibitions along these lines could constitute a "taking." 5.2(F)(6)(e) — Reverse to read as follows: "The architectural appearance and functional plan of the building and site shall be consistent with the existing buildings on the site or in the area to avoid impairment in property values or blight within a reasonable distance of the lot. " 5.2(F)(10)(a) —Revise to read: "No overnight facilities shall be provided for children served by the daycare. Children must be delivered and removed from the facility daily. " 5.2(F)(10)(b) —I recommend breaking this out into subsections as follows: "An outdoor recreation facility: (i) shall be appropriately separated from the parking lot and driving areas by a fence not less than 4 feet in height; (ii) shall be located .... " 5.2(F)(1 0)(c) — I am not familiar with these regulations. I would recommend generally referring to compliance with state laws as follows: All state laws and statutes governing such use are strictly adhered to and all required operatingpermits are secured. " 5.2(F)(1 1)(c) — This language is too vague to be enforceable. I recommend the following: "Dust and noise are controlled consistent with Minnesota Pollution Control rules and regulations. " 5.2 (F)(20)(b)(i) — Is it intended that there is no setback from R-3 and R-4 districts? 5.2(F)(21)(a)(ii) — Why is there a maximum consignment sales requirement for a business involved consignment sales? 5.2(G)(1)(i) — after "shop" add the word "located. " 5.2(G)(5)(b) — reference opacity for clarity? 5.2(G)(6) — Should this be an IUP? 5.2(G)(11)(a)(i) — insert "at" after "shall be" 5.2(G)(1 1)(f) — should there be a definition for "recreational vehicles" that incorporate the other terms use: "pleasure boats," etc. 5.3(B)(1) — Second sentence should be revised to read "The provisions of this Section establish additional... " 5.3(D)(3)(a)(ii)(1) —Revise second line to read: `family orfamilies residing upon the premises, except as follows: " 5.3(D)(4)(f) — I recommend deleting this provisions. It is a provision that has not been specifically upheld by the courts and thus, could endanger the validity of the entire adult business ordinance provisions. It is also inconsistent with the first amendment provisions and sign ordinance premise against "content -based" restrictions on signage. 5.3(D)(5) — Is there a maximum by which the buildings can exceed the principal structures in the A -O district or are they totally exempt from all height restrictions? 5.3(D)(7) (a) and (b) — Add `per dwelling unit" at the end of each sentence. Also, if not already included in the definition section, the City may want to consider adding the following definition generally: FAMILY.• An individual or group that maintains a common household and use of common cooking and kitchen facilities and common entrances to a single dwelling unit, where the group consists of L Two (2) or more persons each related to the other by blood, marriage, domestic partnership, adoption, legal guardianship (including foster children); or, 2. Not more than four (4) unrelated persons. 5.3(D)(9)(a)(ii) — This standard is a bit vague. Are there some criteria that can be added? 5.3(D)(15)(d)(ii) — The standard is not enforceable. Revise to read: "Not have substantial adverse effects or noise impacts on nearby residential neighborhoods. " 5.3(D)(19)(b)(i) —Revise last sentence to read: "This percentage maybe increased through issuance of a conditional use permit. " Are there standards or limits that will apply to an increase under a CUP? 5.3(D)(21)(a)(i) — deleted second "are considered" 5.3(D)(21)(a)(ii)(8) — need standards 5.3(D)(23)(e) — Will the PCA issue a permit, if it is exempt under the PCA requirements? 5.3(D)(21)(t) —Delete this provision. A CUP runs with the land permanently and cannot be revoked unless the use violates the conditions or the City Code, e.g. nuisance or MPCA noise/dust standards. Objection by neighbors is never a basis to revoke unless the foregoing are met. 5.3(D)(29)(a) — Revise last line to read "inches in depth must be fenced in accordance with the provisions of Section 5.3(D)(29) " Table 5-3 Construction Dumpster — is there a more technical phrase for "expiration or finaling of a building permit?" as provided under building code? Tents and Canopies 1eS — Should there be a distinction here between commercial use and large tents and canopies from the small backyard tents and canopies that are becoming backyard fixtures as sold by Target/Walmart, etc.? Wayside Stands — Are these defined? 5.4(D): Revise first line to read: "Temporary uses, structures, or events shall comply with the following: " 5.4(D)(7) —Revise to read: "Temporary signs permitted under the Code and associated with the use or structure shall be removed when the temporary activity ceases. " 5.4(E)(5)(b) — This section is too vague to be enforceable, some standards or criteria would be necessary. 5.4(E)(7)(e) — Add "no" prior to "more." 5.4(E)(9)(c) — Revise to read "Not reduce minimum parking areas below the minimum required for the property under the City Code. " 5.4(E)(9)(e) —Revise to read: `Renew all applicable temporary use permits annually. " 5.4(E)(10)(a)(ix) — Delete the second sentence. 5.4(E)(13)(d) — Revise to add "in writing" after `Be authorized." 5.4(E)(14)(d)(iv) — Is it possible that special events may require multiple permits for different, but compatible uses, for a large community event? Would language to this effect achieve the same goal: "The special event shall not conflict with another permitted special event at the same location that will negatively impact on the public health, welfare, or safety. " If the events conflict from a private standpoint, that is not the issue, only the impact on health, safety, welfare of the public. 5.4(E)(14)(e) —Revise "premises benefitted by" in the first sentence to read: "issuance of the" Chapter 6 6.4(F) — Delete the word "subject" in the last line. General Comment. What about existing nonconforming lots? Sample language below: A. General Restriction. No building, structure or use shall be erected, constructed or established on a nonconforming lot unless a variance is granted by the City, except as otherwise provided for by this Title. B. Required Merger of Common Ownership Lots: Except as provided for in Section I1-102-15 of this Title or as may otherwise be allowed pursuant to this chapter, if in a group of two (2) or more contiguous lots or parcels of land owned or controlled by the same person, any individual lot or parcel is nonconforming as to lot width, lot area, or lot frontage such individual lot or parcel shall not be sold or developed as a separate parcel of land, but shall be combined with adjacent lots or parcels under the same ownership or control so that the combination of lots or parcels will equal one (1) or more zoning lots each meeting the full lot requirements of this title lessening the nonconformity. 1. The designation of a zoning lot pursuant to this section shall be approved by the zoning administrator if the zoning lot complies with the lot requirements of the district in which it is located and will have a single tax identification number. 2. Interior lot lines within a designated zoning lot shall be disregarded in applying setbacks and other zoning ordinance standards. 3. The subdivision of a designated zoning lot shall be in accordance with Title _ of the City Code. C. Vacant Or Redeveloped Lots: Except in environmental protection districts established in Chapter _ of this Title, legal, nonconforming, vacant lots of record may be developed for single-family detached dwellings upon approval of an administrative permit, provided that: 1. Legally Established: The lot in question was legally established in accordance with requirements of this code existing at the time of its creation and is a separate, distinct tax parcel. 2. Allowed Use: Single-family residential dwellings are an allowed use within the base zoning district. 3. Minimum Lot Size: a. Sewered Lots: A legal nonconforming lot having direct access, as determined by the City Engineer, to municipal sewer shall be considered buildable provided measurements for lot area and/or width meet minimum requirements or are sixty six percent (66%) of the requirement of the base zoning district. b. Unsewered Lots: A legal nonconforming lot not having access to municipal sewer shall be considered buildable provided it complies with section of this title. C. The lot shall not have more than twenty five percent (2501o) impervious surface if located within the Shoreland Overlay District. 4. Access: The lot in question has frontage on and will directly access an improved public street. 5. Health Concerns: Public health concerns (potable water and sanitary sewer) can be adequately addressed. 6. Setback and Yard Requirements: The setback and yard requirements of the base zoning district can be achieved while simultaneously resulting in development which complies with the character and general design of the immediate area and the objectives of the comprehensive plan and this title. D. Developed Lots: An existing conforming use on a lot of substandard size and/or width may be expanded or enlarged if such expansion or enlargement meets all other provisions of this title. Chapter 7 While this Chapter includes very good guidelines concerning processing of an enforcement action, I would recommend that most of it be provided as part of an internal policy and not laid out in ordinance format. The ordinance provisions tend to tie the city's hands unnecessarily in some cases and subject the City to additional challenges where the letter of the process identified by ordinance is not followed. I would recommend shortening the provisions to a more summary form as provided in this sample: ENFORCEMENT: This Title shall be administered and enforced by the Zoning Administrator who is appointed by the City Administrator. The Zoning Administrator may institute in the name of the City any appropriate actions or proceedings against a violator as provided by statute, charter or ordinance. The Zoning Administrator's duties shall include, but not be limited to, thefollowing: A. Periodically inspect buildings, structures, and uses of land to determine compliance with the terms of this Title. B. Notes, in writing, any person responsible for violating a provision of this Title, indicating the nature of the violation and ordering the action necessary to correct it. C. Order discontinuance of illegal use of land, buildings, or structures; order removal of illegal buildings, structures, additions or alterations; order discontinuance of illegal work being done; or take any other action authorized by this Title to ensure compliance with or to prevent violation of its provisions, including cooperation with the City Attorney in the prosecution of complaints. D. Maintain permanent and current records of the Zoning Ordinance, including all maps, amendments, conditional uses and variances. E. Maintain a current file of all permits, all certificates and all copies of notices of violation, discontinuance, or removal for such time as necessary to ensure a continuous compliance with the provisions of this Title and, on request, provide information to any person having a proprietary or tenancy interest in any specific property. F. Provide clerical and technical assistance to the Planning Commission and Board of Zoning Adjustments and Appeals. G. Receive, file and forward as applicable to the Board of Zoning Adjustments and Appeals, Planning Commission, or City Council all applications for conditional use permits, variances, interim use permits, administrative permits, amendments or site plans as required herein. Sample Ordinance Design Standards Language 10-6-21: DESIGN STANDARDS FOR SPRUCE STREET COMMERCIAL, MIXED USE, AND BUSINESS/FLEX ZONING DISTRICTS: (A) Site Development Standards (In Addition To Any Performance Standards That May Be Applicable): These standards apply to the business/flex, mixed use, and Spruce Street commercial zoning districts unless otherwise specified. The zoning districts are depicted on the official zoning map. 1. Outdoor Storage: All materials shall be stored and/or warehoused within the principal building. 2. Off Street Parking: Off street parking areas shall be designed and located to minimize their impacts on adjacent development, streets and pedestrian corridors. Parking lot landscaping is required per this chapter. 3. Sidewalks: Sidewalks shall be provided on both sides of all streets. Trails may be required instead of sidewalks as provided in the city's trail master plan. (a) All pedestrian walkways shall have and maintain a minimum unobstructed pathway width of fifteen feet (15') along the north/south corridor (i.e., the first roadway constructed between CSAH 50 and Spruce Street, west of Denmark Avenue) and within the mixed use area. Pedestrian walkways bordering off street parking areas shall be at least eight feet (8') wide. Pedestrian and bicycle pathways connecting to greenways or trail systems are subject to standards in the city trail master plan. (b) Walkways shall be designed to create a safe and uninterrupted pedestrianway, and to avoid frequent crossings by driveways and streets. (c) Pedestrian walkways shall be designed as amenity areas with approved landscaping, benches, lighting, signage, and street furniture. (d) Pavers shall be required within the sidewalk design and within the crosswalk areas. Installation of the pavers shall comply with city standards. (e) Electrical and water services shall be required within the sidewalk areas to prepare for amenities including (but not limited to) water fountains, clocks, kiosks and seasonal lighting, and shall be master planned during the design phase of the project. 4. Screening: Screening of service yards, refuse, and waste removal areas, loading docks, truck parking areas and other areas which tend to be unsightly shall be accomplished by use of walls, fencing, dense planting, or any combination of these elements. Screening shall block views from public rights of way, private street and off street parking areas, and shall be equally effective in winter and summer. Chainlink and slatted fencing are prohibited. 5. Lighting: The lighting in the Spruce Street area shall be designed to create a well balanced, integrated lighting plan for public and private locations that enhances vehicular and pedestrian visibility while minimizing glare and contrast. Exterior lighting shall comply with section 10-6-8 of this chapter. The intent for lighting is to provide needed illumination of the site, while at the same time preventing glare to residential uses either within or adjacent to the site. Light fixtures should be oriented to pedestrian circulation so that pedestrian walkways are emphasized and safety is enhanced. (a) At the time of site plan review for the development, a detailed lighting plan shall be submitted. (b) Any lighting required on the perimeter of parking lots or along streets shall consist of fixtures illustrated in the city's standard detail plate as "streetlight - downtown district". The interior portions of parking lots may be lit with cobra lights. 6. Required Amenities: For each development, one of the following amenities per ten (10) acres of net developable land area shall be required and installed at the time of construction of the project. The amenities shall be highly visible, easily accessible outdoor focal points or gathering places for residents, employees, and visitors to the development site: (a) Patio and/or plaza with permanent seating areas; provided such patio or plaza has a minimum depth of fifteen feet (1T) and a minimum total area of three hundred (300) square feet. (1) Pavers as required in the city standards shall be installed within the patio or plaza. (2) Patios and plazas shall include pedestrian amenities intended to support these places as gathering areas such as benches, water features, kiosks, etc. (b) Landscaped minipark, square, or green, provided such amenity has a minimum depth and width of fifteen feet (I T) and a minimum total area of six hundred fifty (650) square feet, and includes pedestrian amenities intended to support these places as gathering areas. The landscaped miniparks, squares or greens do not count toward the park dedication requirements. (c) Protected customer walkway, arcade, or easily identifiable building pass through containing window displays and intended for general public access. (d) Water feature, such as a pond or fountain, provided the feature is easily accessed by pedestrians and includes or integrates permanent seating areas for pedestrians. (e) Any other well designed area and/or focal feature that the city finds consistent with the intent of these design standards, and that substantially enhances such development and serves as a gathering place for residents, visitors, customers, and employees. 7. Parking Of Bicycles: Bike parking spaces shall be installed at ten percent (10%) of the total number of automobile spaces within the development. For convenience and security, bicycle parking facilities shall be located near building entrances, shall be placed parallel to the sidewalks, shall be easily visible and shall not be located in remote automobile parking areas. Such facilities shall not, however, be located in places that impede pedestrian or automobile traffic flow or that would cause damage to plant material. Bike racks shall provide a means for the bicycle frame and one wheel to be attached to a permanent fixture (designed for securing bicycles) by means of a lock. (B) Architectural Standards: 1. Fronts Of Buildings: Any building face and yard that abuts CSAH 50, Spruce Street, or Pilot Knob shall be considered a front and shall reflect a level of aesthetic treatment equal to or greater than that of building faces and yards that abut the north -south corridor and the major roads in the mixed use district. 2. Unifying Design Theme: Buildings and/or streetscapes in the Spruce Street commercial district and the business/flex district shall reflect a unifying design theme that incorporates features found along the north/south corridor and within the mixed use district. City staff and the planning commission shall determine whether development proposals satisfy this requirement. 3. Exterior Surfaces: Major exterior surfaces of all walls shall be face brick, stone, glass, stucco, architecturally treated concrete, cast in place or precast panels, decorative block, or approved equivalent, as determined by the city. The following may not be used in any visible exterior application except when specifically permitted by the city in areas with limited public view: exposed cement ("cinder") blocks; fabricated metal or pole construction structures, including sheds, warehouses, and industrial buildings constructed either on or off site of corrugated metal panels; exterior brick that is painted over; or experimental materials with no proven record of durability or ease of maintenance in the intended application. 4. Facades: Unless otherwise agreed to in writing by the community development department, developers of buildings located along the north/south corridor and within the mixed use district shall use facade variations to differentiate separately leased commercial spaces. Facade variations shall incorporate modulated and articulated building wall planes and rooflines through use of- (a) f(a) Projections, recesses, and reveals expressing structural bays or other aspects of the facade, with a minimum change of plane of six inches (6"). (b) Changes in color or graphical patterns, changes in texture, or changes in building material. (c) Varying parapet heights and designs that demonstrate that the buildings are different from each other and that add interest to the streetscape. (d) Recessed entrances. (e) Building entrances that incorporate elements providing shade from the sun and weather protection for pedestrians. (f) Corners which are distinguishable from the remainder of the building through the use of towers, architectural treatments, arches, roof forms, or size and mass. All buildings along the north/south corridor and within the mixed use district shall be constructed with at least one functional or decorative (false facade) upper story. To the extent practical or feasible, variations in rooflines or heights shall be used to differentiate separately leased commercial spaces within buildings. 5. Windows: Windows shall be provided on walls that are adjacent to public or private rights of way, parking lots and sidewalks. False windows are allowed. 6. Projections: Buildings may have one of the following projecting from the building facade: (a) Awnings/canopies over the first floor windows and along the frontage of all building entrances. (1) Projection: Awnings and canopies shall not project more than five feet (5) into the public right of way, except where located above an entrance, in which case the maximum projection shall not exceed eight feet (8'). In no event should an awning or canopy be supported by poles or other structural elements located in the public right of way. (2) Length: Awnings and canopies should emphasize the rhythm of the facade bays, windows and entrances, and shall not continue uninterrupted along the building facade. (3) Height: The bottom of awnings and canopies should be at least eight feet (8) above sidewalk grade. (4) Illumination: Backlit awnings and canopies are not permitted. (5) Inscription: Lettering on awnings and canopies shall comply with subsection 10-6-3(B)1(k) of this chapter. (6) Materials: Awning and canopy materials should be limited to cotton, acrylic or vinyl coated cotton, copper or bronze coated metal, or clear glass. Other materials may be used if approved by the community development department. Awnings shall be designed with a slope. No horizontal awnings are allowed. Structural supports shall be constructed of steel and/or aluminum and shall (if or where visible) incorporate ornamental features. (b) Projecting signs perpendicular to the building. Projecting signs shall comply with subsection 10-6-3(B)5(e) of this chapter. 7. Public Entrances: For commercial buildings located along the north/south corridor, each separate ground level tenant space shall have at least one public entrance that faces the north/south corridor. For buildings located within the mixed use district, each separate ground level commercial tenant space shall have at least one public entrance that faces the nearest major public or private street. Developers shall be encouraged to also provide public entrances adjacent to off street parking areas. 8. Site Plan Review: All applications shall comply with the requirements of subsection 10-6- 23(E) of this chapter for site plan review. Site characteristics to be evaluated for this purpose include building and plant materials, colors, textures, shapes, massing, rhythms of building components and details, height, roofline and setback. 9. Screening Of Roof/Exterior Equipment: Mechanical equipment, satellite dishes, and other utility hardware, whether located on the roof or exterior of the building or on the ground adjacent to it, shall be screened from the public view with materials identical to or strongly similar to building materials, or by landscaping that will be effective in winter, or they shall be located so as not to be visible from any public right of way, private street or off street parking area. In no case shall wooden fencing be used as a rooftop equipment screen. Consolidated Comments 5-28-10 Planning Commission Neighborhood Tour Staff Review IEDC OVERALL Add a reference index that lists all tables/charts in the code in table of contents or as an index in back. Consider that each chapter and/or section should have its own table of contents. In any location referring to Detached Accessory Structure in the Chapter 5 District standards, there should be a "See Chapter 5 — Accessory Structure Uses" link or notation. CHAPTER 2: REVIEW PROCEDURES & REQUIREMENTS Overall note: Make sure that all applications in this section refer to "Common Review Requirements" instead of general review requirements. For example, see page 37, (5)(b), where it says "general requirements". Page 10: In the chart, please separate the IEDC (Industrial & Economic Development Committee) from the EDA (Economic Development Authority). The role of decision/review is the same for both and is as listed. Page 10/11: Add text for the EDA. They are incorporated into Chapter, Section of City Code and should be set up in a structure similar to the Parks Commission on page 10. Page 10/11: Add text for the IEDC. They are incorporated into Chapter, Section of City Code and should be set up in a structure similar to the Parks Commission on page 10. Page 11: Delete all current text for the IEDC as listed. Page 15: Section D(e): Capitalize "city" Page 17: Section H(4)(c): after `Community Development Department" insert "in accordance with fee schedule" and delete text after "Community Development Department". Page 48: Add a new review requirement section requiring review of condominium plats. CHAPTER 3: ZONING DISTRICTS Page 80: In section (A) and everywhere thereafter, please delete any reference to "Mobile" Home Park. Please use "Manufactured" in its place. Page 80: Table 3-2: Match overlay districts to those based on the editing notes below. Page 81: Add allowance for license agreement. Page 82: In (C)(1), does this provision need to stipulate allowance by variance or PUD? Page 82: (C)(2), need to exclude weigh scale somewhere. Page 82: (C)(2)(iii) may need a reference to the Detached Accessory Structure listings in Chapter 3 Page 83: (b): In the Corner Visibility section, eliminate the 30' benchmark and utilize 25' instead. In the Corner Visibility diagram, insert 25' and delete 30'. Also, in the right diagram, the text should say "Lots with an interior corner lot angle of less than 90 degrees at the corner. Page 84: In (b)(ii): it should read "allowed" Page 85: Standards applicable to All Residential Base Zoning Districts needs a diagram illustrating the difference between condominiums and zero lot line developments. Also — should this section be moved from here to the residential use section instead to consolidate information? Page 88: A -O, Table 3-3: In this able and others, please be sure that units of measurements are indicated in all areas. Example: Required Yards have no unit of measure. In the A -O table, Max height should state feet after "15" Page 88: Table looks like it is missing a separation line in Max Width and Pitch/Soffit items. Page 88: Subitem [1} should read: Detached accessory structures shall be located in the rear yard. R -A Residential Amenities Page 89: R -A Purpose statement should include a statement corresponding to the comp plan's designation for "move -up housing". Page 89: Remove top picture and insert other image from those emailed. Page 89: Maximum Density calc should read: 10,890 sq. ft. per unit (Four units per gross acre). Apply this same unit of measure for max densities throughout residential districts. The square footage makes this consistent width base density. Page 89: After "Base" and before "Density" add in parentheses (Average) and then apply this to all sections. Page 89: Add a separation line between Density and Lot standards; this creates better definition between eh unrelated sections and should be carried through all districts wherever applicable Page 89: Base lot area should be increased to 14,000 square feet Page 90: Table 3-4: Again, note all applicable units of measure. Page 90: Eliminate first footnote for setback averaging. Page 90: Table 3-4: The second row should read "Detached Accessory Structure" in the first box, and should indicate "Not Permitted" in the front yard or side yard boxes. Page 90: Add two additional separate footnotes which apply to Attached Accessory Structures as follows: • The minimum floor area for all attached accessory structures shall be 700 sq. ft. • No portion of any garage space may be more than five feet closer to the street than the front building line of the principal use (including porch). Page 90: Add a footnote to the Detached Accessory Structure Required Yards that reads: "Detached accessory structures shall not exceed fifteen (15) in height, shall be six (6) feet or more from any other building or structure and shall not be located within a utility easement. Page 90: Change [21 footnote to add: For interior lots, the attached accessory structure must meet a 6 foot side yard setback and the sum of the side yard setbacks must be a minimum of 20 feet. Page 90: Eliminate footnote [11 for lot setback averaging. Page 90: Under Minimum floor Area, add in the single-family building box "1400 sq ft. foundation and" 2000 square foot finished, then the footnote should read only "Square footage exclusive of attached accessory space". Page 90: Minimum building width for the single family building should be 24 feet. Page 90: In the box beneath Minimum Roof Pitch and Soffit — please add space between pitch and soffit and eliminate parentheses around "no minimum soffit". Page 90: The listed landscaping standard is for T -N. Should this standard be listed here or in Chapter 4 for Finishing Standards. If we are going to list some individual residential landscaping standards here, the R -A district should be 2 trees per lot, no more than 15 feet from curb, and 4 trees per corner lot. R-1 Single -Family Residential Page 91: Add a line separator between density and lot standards (as noted in above) Page 91: Maximum Density calc should read: 8,712 sq. ft. per unit (Five units per gross acre). Page 91: After "Base" and before "Density" add in parentheses (Average) and then add "(Average)" to all sections. Page 92: Table 3-5 — Add all notes from above R -A District for attached and detached accessory structures, except that the required minimum square footage for attached accessory structures should be 550 square feet and no "5 foot forward rule". Page 92: Minimum building width should be 24' Page 92: Under Minimum Floor Area, the single-family building box, it should read 1,050 foundation, 1,050 finished and 2000 finishable. Then the footnote should read only "Square footage exclusive of attached accessory space". Page 92: Eliminate the first two footnotes. Page 92: Footnote [6] should read "No rambler style home shall have a foundation footprint of less than 1,400 square feet exclusive of attached accessory structure space" Page 92: In the box beneath Minimum Roof Pitch and Soffit — please add space between pitch and soffit and eliminate parentheses around "no minimum soffit". Page 92: In the sketch -up, we need to add driveways (applicable to all district sketch -ups). Also, what is the bump -out in the right illustration — is it a garage? Sketch -up should also reflect revised footnote information for detached and attached accessory structures. R-2 Single and Two -Family Residence Districts Page 93: Line separator between density and lot standards Page 93: Maximum Density calc should read: 6,223 sq. ft. per unit (Seven units per gross acre) Page 93: Base (Average) Density should be 10,000 square feet Page 94: Table 3-6: Again, make sure to apply units of measure as needed (yard requirements, ex) Page 94: Table 3-6: Apply the same detached accessory structure standards as revised from previous districts. Add a footnote requiring that attached accessory structure standards shall be a minimum of 550 square feet and no portion of any attached accessory structure may be more than 10 feet closer to the street that the principal structure. Page 94: Table 3-6: First row box/column should read "Single Family/Duplex Building" and then second box in first column should read "Townhouse/Multi-Family Building" Page 94: Third box in first column should read "Detached Accessory Structure" and should indicate "Not Permitted" in the front yard or side yard boxes. Page 94: For single family/duplex, the Minimum Floor Area should be 1050 foundation footprint, 1050 finished and 2000 finishable per unit Page 94: For townhomes/multi-family, Minimum Floor Area CK at 1000 foundation, 1000 finished. Page 94: Minimum roof pitch should be 4/14 and space then "No minimum soffit" Page 94: Eliminate first footnote. Page 94: Add a footnote that reads: Except for single family buildings, any driveway leading directly to an attached accessory structure may not exceed 18' in width at the front yard property line. T -N Traditional Neighborhood Residence District This may be another "move -up" comp plan purpose statement district due to higher amenities and performance standards? Page 95: Line separator between density and lot standards Page 95: Should read Base (Average) Density Page 95: Maximum Density calc should read: 5,445 sq. ft. per unit (Eight units per gross acre). Page 95: Add a maximum width of 65 feet at street. Page 96: Table 3-7: The second row should read "Detached Accessory Structure" and should indicate "Not Permitted" in the front yard or side yard boxes. Page 96: Again, add units of measure where needed. Page 96: Change setback for the following in table form: Front Front Interior Street Rear Yard Rear Year Yard Yard Side Side Minimum Maximum Minimum Maximum (ft) (ft) (ft) (ft) (ft) (ft) SF 25 30 6 25 20 NA Front Load SF 15 25 6 15 25 NA Rear Load Page 96: Add two additional separate footnotes which apply to Attached Accessory Structures as follows: • The minimum floor area for all attached accessory structures shall be 480 sq. ft. • For front -loaded attached accessory structures, no portion of any garage space may be more than five feet closer to the street than the front building line of the principal use (including porch). Page 96: Under Minimum Floor Area, in the single-family building box, it should read 1,000 foundation footprint, 1,200 finished. Then, a footnote should be added that reads that reads "Square footage exclusive of attached accessory space". Page 96: Add a footnote to the Detached Accessory Structure that reads: "Detached accessory structures shall not exceed fifteen (15) in height, shall be six (6) feet or more from any other building or structure and shall not be located within a utility easement. Page 96: Minimum roof pitch, there should be a space and then "No minimum soffit" — no parentheses. Page 96: Are landscaping performance standards going to be here or in finishing standards? Page 96: Separate footnote: "No private driveway leading to an accessory structure may be more than 18 feet in width at the front yard property line." R-3 Medium Density Residence District Page 97: Line separator between density and lot standards Page 97: Maximum Density calc should read: 3,111 sq. ft. per unit (Fourteen units per gross acre) Page 97: Should read Base (Average) Density Page 97: If this is a medium density district, shouldn't some level of multi -family be permitted by right? See table 5-1 in the Use chapter. The base lot area conflicts directly with the lot area/unit or base density calculation. Suggestion: Change base lot area to 5,000 sq ft townhome/15,000 for multi -family and change base density to 5,000 sq. ft. per unit. Page 98: Table 3-8 Add footnote that height can be increased by conditional use permit (do not limit to three stories as listed in the [2} footnote). M -H — MANUFACTURED Home RESIDENCE District (Change title) Page 99: Text in purpose statement should read: The purpose of the "M -H Manufactured" Page 99: Maximum Base Density calc should read: 3,350 sq. ft. per unit (Thirteen units per gross acre) Page 99: Should read "Base (Average) Density Page 100: Table 3-9 Add a footnote similar to first footnote on page 98 that requires additional buffering next to single family residential. (This footnote may be unnecessary with buffer yard requirements). Page 100: Second row should read "Detached Accessory Structures" BUSINESS BASE ZONING DISTRICTS Page 101: Under the Condominiums section, add cross referenced to new condominium review requirement in Chapter 2. B-1 Neighborhood Business District Page 103: Why does the Maximum Density allow for residential, but the use table does not allow for residential uses? Add square foot density breakdown here, too. Page 104: In FAR and Max Impervious here and all locations after, list as "Reserved" Page 104: Delete the first and second footnote B-2 Limited Business District Page 106: Ensure that the use table and the base density and lot area make sense. Page 106: Delete the first footnote Page 104: FAR/Impervious — "Reserved" B-3 Highway Business Districts Page 108: FAR/Impervious —"Reserved" B-4 Regional Business Districts Page 110: Add a footnote for Yard Requirements that no building or structure may be located on a drainage and utility easement. Page 110: FAR/Impervious — "Reserved" Page 110: Table 3-13, Add footnote that height can be increased by conditional use permit (do not limit to three stories as listed in the [2) footnote). INDUSTRIAL DISTRICTS Page 115: Add reference to Comp Plan or is this text from Comp Plan already? B -C Business Campus District Page 111: Keep current purpose statement from I -1A District. Page 112: FAR/Impervious —"Reserved". Page 112: Adjust max height to allow any multi -story building. Page 112: Revise front and street side setback to 50' Page 112: Add a footnote that when any of these required yards abut a zoning district other than 1-1 or 1-2, the setbacks for the abutting yard must be 50 feet. Note for Finishing Standards — no outdoor storage in B -C. 1-1 Light Industrial Page 118: FAR/Impervious —"Reserved". Page 118: For setbacks, allow reduction to 30' for front, street side and 15" rear with an added footnote that requires when any of these required yards abut a zoning district other than 1-1 or 1-2, the setbacks for the abutting yard must be 50 feet. Page 118: Adjust max height to allow any multi -story building. 1-2 Heavy Industrial Page 120: FAR/Impervious — "Reserved". Page 120: For setbacks, allow reduction to 30' for front, street side and 15" rear with an added footnote that requires when any of these required yards abut a zoning district other than 1-1 or 1-2, the setbacks for the abutting yard must be 50 feet. OVERLAY DISTRICTS Floodplain: Page 122: Add Flood Insurance Map for 1981, info to come. Page 125: (c) I think this footnote reference is wrong. I think it should be 33(c)(4)(a) Wetland District: Page 140: Eliminate (2)(a) and rephrase (b) to detail land to which ordinance applies. Page 140: Section (2)(b) — eliminate new orange text that reads "depicted on the official wetland overlay district map", as well as existing green ext referring to map in the same sentence. Basically, remove any reference to a map. WSB has recommended that this district not include any map, but rather be established on a wetland -by -wetland basis using the 100 foot edge benchmark. Page 142: Add/change text as follows ...(Conservation Easement) Page 143: In section (a), separate out plan requirements in (i), (ii), etc. Page 143: In section (b), change "Building Inspector" to City Engineer. Shoreland District: see WSB Memo Mississippi Wild & Scenic: Adopt by reference Minnesota Statutes and Rules and refer to overlay map. Freeway Bonus District: Page 151: See adopted regs from Sign Ordinance referencing Freeway Bonus and include right here. (Not in another section.) Drinking Water Supply Management Area• Add"RESERVED" Performance Based Zoning: Page 152: Section (2) — I must have missed this — but is the idea to zone all current PZM areas back to their base zoning and then create an immediate PZ overlay or only add overlay once they have met these standards? I think it must be the latter, but just checking. So- the first version of the zoning map will show no PZ overlay, just the key code for it? Page 153: 1 don't know that I would include B-3 in the mixing allowed by PZ. This is one to run by the Steering Committee. Page 154: Shouldn't these less than/greater than symbols be flipped? Page 154: The less discretion given to Community Development Department, the better — this applies to each category. The more specific the requirements, the better (as shown by the sample tables). For example, a specific number or size of plantings should yield a specific density reduction. Page 155: Again, flip symbols. Page 155: Innovative Housing: Instead of innovative housing and leaving it up to CDD, why not incorporated accepted standards like LEED? Eliminate last clause relating to financial feasibility and low to moderate income standards. CHAPTER 4: FINISHING STANDARDS Page 159: 2(a), change standard to 2 caliper inches as measured 6" above ground. Page 159: Item (2)(b) Should just be evergreens here, not including shade trees, which are included in (a). Page 160: Use "Required Species" provision instead of "City's approved plan materials". Page 161: Use berm alternative language proposed in orange. Page 162: Just a note to be sure that a cross reference exists between this section and the application requirements listing landscaping plan (Site Plan for example). Page 162: Change this provision to note that plantings are at placed at planters risk, but does not prohibit them and will not be replaced by the easement holder. Page 162: Somewhere in requirements add: At Certificate of Occupancy, 3" top soil borrow is required, with fully established turf within 6 months of CO. Perhaps this belongs in Section 4.1(J). Page 162: There is no number (1) under (D) Page 162: Under (D)(2) "It is required that the plan be produced on a separate sheet ..." should be a separate numbered provision. Page 163: (b)(x) Add also "and percentage of gross site area covered by pervious and impervious surfaces". Page 169: In the perimeter buffer section, reference the ability propose an alternate plan, page 164. Page 164: Eliminate 4.1(D)(e) requirements altogether. Page 166: You illustrated sketch -ups at Steering Committee —just confirming that they will be included here. Vehicular Use Area and Perimeter Vehicular Use standards are new terms and need the illustrations! Page 167: 1 am assuming that landscaped islands in these use areas will count toward overall site landscaping requirements? Page 168: In section (c), please add cross reference to the minimum size requirement on page 159. Page 168: In item (c)(iii), allowance for understory trees to be used beneath overhead utilities where permission has been granted over easement? Page 168: Item (f)(ii) This section requires minimum height four years after planting —this standard is different from overall site landscaping requirement and security. No one will check it four years later. Should just fall under regular site compliance listed in the next section. Page 168: Change item (c), (e), (f) — to add an INCENTIVE CLAUSE, 10% parking reduction for landscaped planting strips. Page 170: Eliminate sub item [2] in buffer table for Admin Adjustments Page 171: Table 4-2 — see notes Page 173: Where do we get to standards for 2 and 2-4 family dwellings? Page 174: Table 4-3 — correct the word "Plantings" Page 174: Can Perimeter vehicular strip plantings be used to satisfy both that requirement and the general site requirements? Relates also to island delineators. Page 174: Item (4) Shrub placement, we should list a max placement, recommended at 10 feet unless sidewalk, which is 15 feet. Page 178: Item 3, change title to "Agreement & Security". The text should read as follows: A landscaping security shall be submitted with the building permit application. Such security guarantees that in exchange for building permit, the owner will construct, install and maintain all items shown on the approved plan and that they will replace and or correct any deficiencies or defaults that occur in the plan for a period of one complete year or two complete growing seasons subsequent to the complete installation according to approved landscaping plan. Page 178: Deleting text beginning "In no instance ..." to end. Replace with deleted item (d) from page 179. Page 179: Delete item (d) as it has been replaced. Page 179: Check font size consistency Page 179: In item (1), capitalize City. Page 179: Item (2): delete "as directed by the Community Development Department". Page 396: Define DBH in relationship to specimen tree definition. Page 179: Where do we require a plan sheet detailing a tree inventory and required size identification? Page 140: 4(B), in addition to a certified arborist, add a provision allowing Community Development or Parks Superintendent to allow for removal. Page 183: Credits — please be sure to note that dead, dying or diseased trees may not be used towards crediting.