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Planning Commission Agenda Packet 04-08-1992R AGENDA REGULAR MEETING - MONTICELLO PLANNING COMMISSION Wednesday, April 8, 1992 - 7:00 p.m. Members: Dan McConnon, Richard Martie, Jon Bogart, Richard Carlson, Cindy Lemur 7:00 pm 1. Call to order. 7:02 pm 2. Approval of minutes of the regular meeting held March 4, 1992. 7:04 pm 3. Public Hearing --A variance request to allow construction of a house and garage on a lot with less than the minimum lot square footage. Applicant, Ed Kruse. Request cancelled. (Jeff O'Neill will report at meeting.) 7:19 pm 4. Public Hearing --A conditional use request to expand a bowling alley facility in an I-1 (light industrial) zone. Applicant, Al Joyner. 7:50 pm 5. Public Hearing --A conditional use request to allow auto body shop repair in a B-3 (highway business) zone. Applicant, John Johnson. 8:10 pm 6. Public Hearing --A request for an ordinance amendment to add private retractable antenna tower to be allowed as a conditional use in a PEN (performance zone mixed) zone. Applicant, Tom Ware. 8:25 pm 7. Public Hearing --A conditional use request to allow a private retractable antenna tower to be allowed In a PEM (performance zone mixed) zone. Applicant, Tom Ware. 8:40 pm 8. Public Hearing --A variance request to Section 20-2-C of the Monticello Zoning Ordinance which requires that a planned unit development include an area of at least 3 acres. Applicant, Investors Together. 8:55 pm 9. Public Hearing --A roplatting request to subdivide Outlet A of the East View residential subdivision. Applicant, Investors Together. 9:10 pm 10. Public Hearing --A conditional use request allowing a townhouse development in an R-2 zone. Applicant, Investors Together. 0 Planning Commission Agenda April 6, 1991 `i Page 2 9:25 pm 11. Continued Public Hearing --A variance request to allow construction of a warehouse building within the front, rear, and side yard setback requirements. Applicant, J.M. Oil Company. Tabled per staff recommendation. (Jeff O'Neill will report at meeting.) ADDITIONAL INFORMATION ITEMS 9:45 pm 1. Discussion of a proposal for an ordinance amendment to allow outdoor sales, minor repair, and major repair in a B-2 (limited business) zone. Applicant, Monticello Boat Works. 10:00 pm 2. A variance request to allow construction of a warehouse building within the front, rear, and side yard setback requirements. Applicant, J.M. Oil Company. Council action: No action required, as the request did not come before them. �0 10:02 pm 3. Consideration of approval of a preliminary plat of phase II of the Cardinal Hills residential subdivision plat. Applicant, Value Plus Homes. Council action: Approved as per Planning Commission recommendation. 10:04 pm 4. Rezoning request to rezone an unplatted tract of land to be platted as phase II, Cardinal Hills residential subdivision plat, from AO (agriculture - open space) to R-1 (single family residential) zoning. Applicant, value Plus Homes. Council action: No action required, as the request did not come before them. 10:06 pm 5. Consideration of approving amendments to the zoning map of Monticello proposed in conjunction with the Chelsea Area Planning Study changing the Thomas Park area zoning from B-2 (limited business) to I-1 (light industrial). Council action: No action required, as the request did not come before them. 10:08 pm 6. Set the neat tentative date for the Monticello Planning Commission meeting for Tuesday, May 5, 1992, 7:00 p.m. �( 10:10 pm 7. Adjournment. MINUTES REGULAR MEETING - MONTICELLO PLANNING COMMISSION Wednesday, March 4, 1992 - 7:00 p.m. Members Present: Dan McConnon, Richard Martie, Jon Bogart, Richard Carlson, Cindy Lemm Members Absent: None Staff Present: Gary Anderson, Jeff O'Neill 1. The meeting was called to order by Acting Chairperson, Cindy Lemm, at 7:07 p.m. 2. A motion was made by Jon Bogart and seconded by Richard Carlson to approve the minutes of the regular meeting held January 7, 1992. Voting in favor: Jon Bogart, Richard Carlson, Cindy Lemm. Abstaining: Richard Martie. Absent: Dan McConnon. 3. A motion was made by Jon Bogart and seconded by Richard Martie to approve the minutes of the regular meeting held February 4, 1992. Motion carried unanimously. Planning Commission Member Dan McConnon arrived for the Planning Commission meeting. 4. Public HearincL-A variance request to allow construction of a warehouse buildinq within the front, rear, and side yard setback requirements. Applicant, J.M. Oil Company. Chairperson Den McConnon opened the public hearing. Gary Anderson, Zoning Administrator, reviewed J.M. Oil Company's request to allow construction of a cold storage warehouse building within the setback requirements. J.M. 011 Company is proposing to remove their existing 16 -foot X 38 - foot warehouse and loading dock structure and replace it with a 38 -foot X 50 -foot warehouse/truck storage building. The property is currently zoned I-2 (heavy industrial), which allows this type of warehouse/truck storage building construction. The problem that exists with the Burlington Northern Leased Property is the depth of the lots being only 100 feet. The minimum setback within the I-2 zone is a 50 - foot front and rear yard setback requirements. Therefore, no room is allowed for construction without an encroachment into the front or rear yard setback requirement. Mr. William Aydt, representing J.N. Oil Company, explained that his existing bulk oil facility is in conformance with State of Minnesota guidelines regulating his type of business. However, by 1996, the existing bulk fuel tanks will have to be removed from their existing location, a concrete block wall or Page 1 a Planning Commission Minutes - 3/4/92 poured concrete wall around the outside perimeter of the tanks installed, and a new rubber liner installed in the area under the tanks and inside the entire surrounding area of these tanks. There being no further input from the public, Chairperson Dan McConnon closed the public hearing and opened the meeting for input from Planning Commission members. Planning Commission members commented on the improvement of this location with construction of a new warehouse facility, which would put all exterior storage inside of this building. Commission members also asked Mr. Aydt if he had considered relocating to a new site. Mr. Aydt responded that it would cost approximately $150, 000 to relocate the existing tanks to a new site. There being no further input from the Planning Commission members, a motion was made by Cindy Lemm and seconded by Richard Martie to table the variance request to allow the consulting planner to review relocation possibilities versus staying in the same zone with the possibility of establishing a new zone within the Burlington Northern Leased Land area with leaser building setback requirements. Motion carried unanimously. 5. Public Hearing --Consideration of approval of a Preliminarv, plat of phase II of the Cardinal Hills residential subdivision plat. Applicant, Value Plus Homes. Chairperson Dan McConnon opened the public hearing. Jeff O'Neill, Assistant Administrator, reviewed the preliminary plat request of phase II of the Cardinal Hills residential subdivision. Phase II of the Cardinal Hills subdivision is a 20 -acre residential subdivision, which Includes development of two roadways and 50 residential lots. There do not appear to be any conflicts between the development of phase II of the Cardinal Hills subdivision and the adjoining land uses. The park dedication requirement for the entire 109 -acre development area is about 10.5 acres. The plan calla for development of a 3 -acre passive park area in phase II and a .75 -acre park in the oast center portion of the plat to be developed in a later phase. It is proposed by the developers that the remaining 6. 75 acres will be given to the City in the form of a cash equivalent for park dedication. O'Neill highlighted comments of the parks Commission's findings of the preliminary plat for phase II of Cardinal Hills as followat Page 2 t 4. Consider a sidewalk plan for future installation to provide north/south access to School Boulevard. 5. Have the developers name the streets within phase II. The Public Works Director indicated that the Starling Drive intersection of phase II as shown is less than a 90 -degree intersection. This intersection should be realigned to a 90 - degree angle. Page 3 O oZ Planning Commission Minutes - 3/4/92 rr +1 1. It was the consensus of the Parks Commission that Value Plus Homes should strongly consider establishing a housing mix and not limit their entire project to low-end FHA homes. 2. The Parks Commission reviewed the sketch plan dated 2/10/92 and concluded that the park areas identified were sufficient. 3. The Parks Commission finds that the park proposal is acceptable, which includes approximately a 3 - acre park to the north and approximately a 1 -acre park to the east, with the remaining park dedication requirement to be in the form of cash. 4. The wetland areas located on the southerly boundary of the plat should be preserved as a nature area for the enjoyment of the public and should not be included in the calculations for the total park land dedication. Easements should be obtained to allow the general public to have access to this wetland area. Following were concerns brought up by the consulting planner: 1. The plat shows only a single access point with phase I and phase II of the Cardinal Hills subdivision. The staff should work with the developers to acquire an easement for the second access as proposed in phase III. 2. Consider Martin Drive, as it extends into phase I1, to come to a 90 -degree intersection and then extend north to School Boulevard. 3. Consider dedicating Block 1, Lot 3, for additional park land dedication to increase the size of the park dedication to just over 3 acres of land area. t 4. Consider a sidewalk plan for future installation to provide north/south access to School Boulevard. 5. Have the developers name the streets within phase II. The Public Works Director indicated that the Starling Drive intersection of phase II as shown is less than a 90 -degree intersection. This intersection should be realigned to a 90 - degree angle. Page 3 O oZ Planning Commission Minutes - 3/4/92 The wetland area located in the southerly portion of the proposed preliminary plat should be left as a natural area and preserved for that with future development south of this area could be expanded to a larger nature area. The developers questioned the need for the additional land area for park dedication with Block 1, Lot 3, being incorporated into the proposed park land dedication area. The developers felt that they have dedicated to the City an area of approximately just less than 3 acres in size, which is probably the most prime area of park land dedication to be dedicated to the City, with the land area for the park having mature oak trees on it and being just less than 3 acres in size, a park equal to the size of Ellison Park. The developers indicated they are proposing a housing mix of approximately 20t of the proposed 40 lots to be developed in phase II, with the majority of the housing mix of these lots to be developed with housing abutting the area of the park land dedication. There being no further input from the public, Chairperson Dan McConnon then opened the meeting for input from the Planning Commission members. i Concerns addressed by the Planning Commission members were the area of the park land dedication. Some Planning Commission members felt that the park land dedication should be left open at this time to consider further park land dedication land at some time in the future if needed with further phases of this development. The developers countered that it's pretty hard to know where you're at in the development of this entire property not knowing if additional park land will be required as part of future phases of this development. Planning Commission members complimented Mr. Dennis Taylor, Taylor Land Surveyors, on his layout of this development. The proposed alignment of the intersection of Starling Drive should have no problem being realigned at a 90 -degree angle. The City should require easements for the second access in case the developers of phase II should not be able to meet their obligations. Staff is requested to have Consulting Engineer, Bret Weise, take a look at all the land surrounding the pond for the 100—year event and beyond the 100 -year event. There being no further input from the Planning Commission members, a motion was made by Jon Bogart and seconded by Cindy Lemm to approve the preliminary plat of phase II of the Cardinal Hills residential subdivision with the following conditions: Page 4 Planning Commission Minutes - 3/4/92 1. The City of Monticello is to receive a temporary easement for street purposes for a second access to School Boulevard. Future phases should be designed to allow public access to the wetland area. 3. The City of Monticello accept the park land dedication with phase ii with no additional money for park land dedication required at this time. Notion carried unanimously. 6. Public Hearing --A rezoning request to rezone an unplatted tract of land to be platted as phase II, Cardinal Hills residential subdivision, from AO (agriculture -open space) to R-1 (sinale family residential) zoning. Applicant, Value Plus Homes. Chairperson Dan McConnon opened the public hearing. Jeff O'Neill explained that the proposed rezoning request is for phase II only of Cardinal Hills subdivision plat. There being no input from the public, Chairperson Dan McConnon then opened the meeting for further input from the Planning Commission members. There being no further input from the Planning Commission members, a motion was made by Cindy Lemm and seconded by Jon Bogart to approve the request to rezone phase II of the Cardinal Hills residential subdivision from AO (agriculture - open space) to R-1 (single family residential) uses. Rezoning of said property is contingent upon the completion of the land subdivision process. Notion to recommend approval of said rezoning is based on the finding that the rezoning request is consistent with the comprehensive plan for the City of Monticello and is consistent with the subdivision policies contained within the comprehensive plan. Notion carried unanimously. 7. Consideration of a)provinq amendments to the zonlnq map of Monticello proposed) In conjunction with the Chelsea Area Planning Study changing the -Thomas Park area zonlnq from B-2 (limited business) to I-1 (light industrial). Jeff O'Neill, Assistant Administrator, explained the proposed rezoning of the Thomas Park area from B-2 (limited business) to I-1 (light Industrial) zoning as part of the review completed in conjunction with the Chelsea area corridor study. Page 5 Z Planning Commission Minutes - 3/4/92 Upon further review by the City staff, the consensus is that the property should remain as it currently exists as B-2 (limited business). There being no further comments from the Planning Commission members, the City of Monticello withdrew its request for the rezoning of this area. ADDITIONAL INFORMATION ITEMS 1. Consideration of a resolution adopting amendments to the City of Monticello Comprehensive Land Use Plan in conjunction with the Chelsea Area Land Use Study. Applicant, City of Monticello. Council action: Approved as per Planning Commission recommendation. 2. Consideration of approving amendments to the zoning map of Monticello proposed in conjunction with the Chelsea Area Planning Study. Applicant, Citi of Monticello. Council actions Approved as per Planning Commission recommendation. 3. Consideration of establishing a business campus zoning district which provides for establishment of limited light industrial business offices, limited light manufacturing, wholesale showrooms, retail uses in an environment which provides a high level of amenities, including landscaping, preservation of other natural features, architectural controls, and other features. Applicant, City of Monticello. Council action: Approved as per Planning Commission recommendation. 4. Consideration of a request to rezone a 12 -acre portion of Auditor's Subdivision, Lot 17, from B-3 (highway business) to a combination of PLM (performance zone mixed - 5 acres) and 8- 2 (limited business - 7 acres). Applicant, Evangelical Covenant Church. Council action: Denied as per Planning commission recommendation. 5. Consideration of a variance request to allow construction of a building addition within the rear and aide yard setback requiroments. Applicant, Michael and Kathleen Froslie. Council action: No action required, as the request did not come before them. 6. Consideration of adopting an ordinance amendment to Section 12-2 of the City of Monticello Zoning Ordinance which would allow a convenience store to operate as a permitted use in a B-2 zone. Applicant, City of Monticello. Council action: Approved as per Planning Commission recommendation. Page 6 C--)-)- Planning Commission Minutes - 3/4/92 7. Review Cardinal Hills development sketch plan. Applicant, Value Plus Homes. Council action: Recommendation follows the Planning Commission recommendation to proceed with the development of preliminary plat plans. 8. It was the consensus of the Planning Commission members to set Wednesday, April 8, 1992, 7:00 p.m., as the next tentative date for the Planning Commission meeting. Mr. Dan Gassler, Pastor of A Glorious Church, explained to Planning Commission members a proposal that will be coming before them at their next regularly scheduled meeting for use of an existing building in the Oakwood Industrial Park for a church facility. 9. A motion was made by Richard Wartie and seconded by Richard Carlson to adjourn the meeting. Motion carried unanimously. The meeting adjourned at 9:48 p.m. Respectfully submitted, Gary Anderson Sorting Administrator C. Page 7 �/ Planning Commission Agenda - 4/8/92 4. Public Hearing --Consideration of a conditional use reouest to expand a bowling alley facility in an I-1 zone. Applicant, Al Joyner. (J.O.) REFERENCE AND BACKGROUND: The title of this agenda item is somewhat misleading, as Al Joyner is not proposing to expand the actual bowling facility; however, he is requesting that he be allowed to install two volleyball courts on the south side of the property. The volleyball courts represent an intensification or enlargement of an existing use; therefore, it is appropriate that the applicant obtain a conditional use permit prior to development of the courts. The area of the site proposed for the volleyball courts is the area between Chelsea Road and the existing structure. The proposal calls for development of ground level decks 14 inches or lower along with two volleyball courts. The decks will be connected to the entrance to the building and will be used as a lounge and eating area. The volleyball courts will be placed on either side of the deck area. Surrounding the volleyball courts will be a 6 -foot high wood fence with wire net extension on the top. The proposed volleyball court and deck area will be placed within the building setback area. It does not appear, according to our ordinance, that there is a problem with placing this activity area within the setback, as there are no structures being constructed in the setback area. In addition, it would not appear that development of the volleyball courts and the deck will not create a significant increase in parking demand. As you know, bowling tends to be more of a winter sport and, of course, the volleyball activity will be occurring in the summertime; therefore, the parking needed for the volleyball use can be satisfied by the existing parking spaces. According to the zoning ordinance, an expansion or intensification of a non -conforming use cannot be allowed without the facility being brought into conformance with the zoning ordinance. In this situation, Joyner Lanes developed prior to fairly recent updates to the landscaping ordinance; therefore, the existing landscaping does not meet present code. In addition, the sign system does not meet code. The present sign system exceeds the maximum square footage for signage by a significant margin. The ordinance limits sign area to 300 eq ft. The Joyner's signs encompass approximately 400+ sq ft. It is proposed by City staff that the conditional use permit be granted; however, in accordance with the zoning ordinance and as a condition of the conditional use permit, it should be required that the landscaping and signage L requirements of the City be met. a Planning Commission Agenda - 4/8/92 3v ;'.S"d.� In order to comply with the landscaping ordinance,/given the size of the facility, Joyner would need to plant 41 overstory trees. In order to comply with the sign section of the ordinance, Joyner would need to remove the existing pylon sign (mobile reader board) and replace it with wall signs that have a total square foot area of 300 sq ft or leave the reader board sign in place and erect wall signs with a total square foot area of less than 100 sq ft. B. ALTERNATIVE ACTIONS: 1. Notion to grant approval of the conditional use permit request allowing expansion of a bowling alley in an I-1 zone subject to the following conditions: 1. The facility must be brought into compliance with existing codes pertaining to signage and landscaping. The motion would be based on the finding that the conditional use permit as requested is consistent with the geography and character of the area, and the development of the volleyball court will not depreciate the value of adjoining properties. Under this alternative, Planning Commission is comfortable with the expansion of the facility= however, In keeping with the ordinance, Planning Commission is requiring that areas of non -conformity be brought up to code. If the Planning Commission is inclined to grant the conditional use permit without requiring changes to landscaping and signage, then it would be appropriate to develop an amendment to the zoning ordinance. The amendment would be written to alow expansion or enlargement of non -conforming uses without being in compliance with the terms of the zoning ordinance. Z. Notion to deny the conditional use permit request. This alternative does not appear to be appropriate, as there are no grounds for denying the conditional use permit request unless it can be demonstrated that somehow the volleyball courts located at this location in the front along the boulevard will create a hazard. It does not appear, however, that a hazard would exist, as the site lines at the intersection of Chelsea Road and Thomas Park Drive appear to be unobstructed by the fence. It appears that driveway eight lines are also unobstructed by the fence. It appears that there Is no valid reason for denying the conditional use permit request unless the applicant is unwilling to bring areae of non -conformity up to code. �y Planning Commission Agenda - 4/8/92 D. SUPPORTING DATA: Copy of site plan for Joyner Lanes volleyball courtBi Excerpts from the zoning ordinance. 114 IN ,'�k_ CHAPTER 3 GENERAL PROVISIONS SECTION: 3-1: Non_ -Con formina_Buildinas: Structures and Uses, 3-2: Genern Buildings and Performance Requirements 3-3: Yard Requirements 3-4: Area and Building Size Regulations 3-5: Off -Street Parking Requirments 3-6: Off -Street Loading 3-7: Land Reclamation 3-8: Mining 3-9: Signs 3-,0- A.A -tt us, s 3-1: NON -CONFORMING BUILDINGS, STRUCTURES, AND USES: [A) PURPOSE: It is the purpose of this section to provide for the regulation of non -conforming buildings, structures, and user and to specify those requirements, circumstances, and c nditions under which non -conforming buildings, structu as, and uses will be operated and maintained. The z ning ordinance establishes separate districts, each of which is an appropriate area for tho location of uses which are permitted in that district. It is necessary and consistent with the establishment of these districts that non -conforming buildings, structures, and uses not be permitted to continue without restriction. Furthermore, it is the intent of this section that all non -conforming uses shall be en—tually brought into conformity. [B] Any structure or use lawfully existing upon the effective date of this ordinance shall not be enlarged but may be continued et the ease end in the manner of operation existing upon such date except as hereinafter J epeciiied or subsequently emended. [C] Nothing in this ordinance shall prevent the placing of a structure in safe condition when said structure is declared unsafe by the Building Inspector, providing the necessary repairs shall not constitute more than fifty (50) percent of estimated market value of ouch structure. Said value shall be determined by the City or County Assessor. [D] No non -conforming building, structure, or use shall be moved to another lot or to any other part of the parcel of land upon which the same was constructed or was conducted at the time of this ordinance adoption unless such movement shall bring the non-conformance into compliance with the requirements of this ordinance. KONTICELLO ZONING ORDINANCE 3/1 �y� JE) When any lawful non -conforming use of any structure or land In any district has been changed to a conforming use, it shall not thereafter be changed to any non- conforming use. (F] A lawful non -conforming use of a structure or parcel of land may be changed to lessen the non -conformity of use. once a non -conforming structure or parcel of land has been changed, it shall not thereafter be so altered to increase the non—conformity. (G] If at any time a non -conforming building, structure, or use shall be destroyed to the extent of more than fifty (50) percent of its estimated market value, said value to be determined by the City or County Assessor, then without further action by the Coucil, the building and the land on which such building was located or maintained shall, from and after the date of said destruction, be subject to all the regulations specified by these zoning regulations for the district in which such land and buildings are located. Any building which is damaged to an extent of less than fifty (50) percent of its value may be restored to its former extent. Estimate of the extent of damage or destruction shall be made by the Building Inspector. (H] Whenever a lawful non -conforming use of a structure land is discontinued for a period of six (6) months, future use of said structure or land shall be made arm with the provisions of this ordinance. Z or any to Normal maintenance of a building or other structure containing or related to a lawful non -conforming use is permitted, including necessary non-atructural repairs \ and incidental alterations which do not physically \\extend or intens f the non -conforming use. Normal maintenance, necessary non-structural repairs, and incidental alteration of a lawful non -conforming sign includes repair or maintenance of existing lettering done without changing the subject, form, or design of the lawful non -conforming eign. (J) Alterations may be made to a building containing or related to a lawful non -conforming residential unit when said alteration will improve the livability thereof, provided the alteration will not increase the number of dwelling unite. In the B-1 zone, alterations or expansion may be made to a building containing or rolated to a lawful non -conforming residential unit when said alteration or expansion will improve the livability thereof, provided the alteration or expansion will not increase the number of dwelling units and provided that such alteration or expansion shall not constitute more than 50 percent of estimated market value. KORTICELLO SONING ORDINANCE 1/2n 2. Within the PZM, B-1, B-2, 13-3, B -4,I-1, and I-2 districts, signs are subject to the f wing size and type regulations: (a) Within the PZM and B-1 districts, the maximum allowable square footage of sign area per lot shall not exceed the sum of one (1) square foot per front foot of the building plus one (1) square foot for each front foot of lot not occupied by a building, up to one hundred (100) square feet. Each lot will be allowed one (1) pylon or freestanding sign and one (1) wall sign or two (2) wall signs total. (b) For buildings in which there is one (1) or two (2) business uses within the B-2, B-3, B-4, I-1, and I-2 districts, there shall be two (2) options for permitted signs. The property owner shall select one option which shall control sign size on each lot. I. Option A. Under Option A, only wall signs shall be allowed. The maximum number of signs on any principal building shell be six sign boards or • placards, no more than four (4) of which may be product identification signs, with only two walls allowed for the display of the signs. Each wall shall contain no more than two product identification signs and two business identification signs. The total maximum size of wall signs shall be determined ��o n t 1�0 by taking twenty percent (20%) of the groes silhouette area of the front of 1146. the building, up to three hundred (300) square feet, whichever is less. It a principal building is on a corner lot, bn the largest side of the building may be used to determine the groes silhouette 5 area. yS �tM (, Por purposes of determining the groes area of the silhouette of the principal building, the silhouette shall be defined as that area within an outline drawing of the principal building as viewed from the front lot line or from the related public street(a). il. Option B. Under Option B, either wall signs or pylon signs may be utilized or a combination of both. In no case, however, shall more than one pylon sign be allowed. Only two product identification signs and one premise identification sign is allowed, and these wall signs must be only on one separate wall. The total maximum allowable sign area for any well shall be determined by taking ten percent C (10%) of the groes silhouette area of the front building up to one hundred (100) square test, whichever is less. The method for determining the gross 1 silhouette area for wall signs is a Indicated in Option A. 3. Conditional Usss In Commercial and Industrlal Districts$ The purpose of this section is to provide aesthetic control to sLgnage and to prevent --'L'�idual dans on buildings (b) The minimum number of major or overstory trees on any given site shall be as indicated below. These are the minimum substantial planting, in addition to other understory trees, shrubs, flowers, and ground cover deemed appropriate for a complete quality landscape treatment of the site. I. Commercial, industrial, institutional p n�1 i sites shall contain at a minimum the greater of one (1) tree per 1,000 square ngu�Q¢Mont feet of gross building floor area, or D one (1) tree per 50 lineal feet of site perimeter. When total property area far exceeds building or developed area, and when excess property area fe intended for use in conjunction with future expansion of the development area. site perimeter shall be defined as that area which extends 30 feet bevond side and rear yard setback of varkina areas and/or 30 feet bond side and rear yard setback of primary or accessory structure. NONTICELL0 ZONING ORDINANCE 7/111 1 S1. Multi -residential sites shall contain at b a minimum one (1) tree per dwelling unit. (#174, 1/10/09) (c) An equivalent of up to fifty percent (501) of the required number of overetory trees may be created through the use of overstory trees in combination with other landscape design elements as listed in 3 (a) above. In no case shall the number of overetory trees be lose than fifty percent (501) of the appropriate formula. The burden shall be upon the developer to demonstrate by narrative and by graphics how the equivalent effect is provided. The equivalent effect shell be subject to approval by the City Council. 4. MINIMUM SIZE OF PLANTINGS (a) Required trees shall be of the following minimum planting elsei 1. Deciduous troes--2.5 inches diameter as measured six Inches above the ground. Li. Coniferous trees --6 feet in height. NONTICELL0 ZONING ORDINANCE 7/111 1 Z Planning Commission Agenda - 4/8/92 5. Public Hearing --Consideration of conditional use request to allow auto body shop repair in a B-3 (highway business) zone. Applicant, John Johnson. (G.A.) A. REFERENCE AND BACKGROUND: John Johnson, owner of Monticello Auto Body, is proposing to build a building to be leased out to another company that does automobile pin striping and automotive visor and automotive sunroof installation. City staff interpreted that proposed use of this building, even though it's not auto body repair, at some point in time could be occupied by Monticello Auto Body or some type of auto body shop repair. That is why we are proposing that kr. Johnson go through the conditional use permit to allow this building to be built and this use to operate in a B-3 (highwy business) zone. Please note that in April, 1989, the City amended the ordinance to allow auto body shops in the B-3 zone as a conditional use. The city went on to award Mr. Johnson a conditional use permit with the same conditions as noted below. Johnson, however, did not follow through and develop his property. The new application is, therefore, virtually a repeat of a previous matter considered and approved by the Planning Commission. There are ten conditions that apply to the auto body shop repairs 1. The door opening to the service area of the garage must not face the street frontage. The doors will not face the street. 2. The vehicle storage area is limited to 501 of the floor space of the structure housing the auto body shop. There will be no outside storage. 3. All vehicles being serviced and all vehicle parts must be stored inside or in a vehicle storage area. A11 work performed and all parts will be within the confines of the proposed building. 4. Vehicle storage area shall be enclosed by enclosure intended to screen the view of vehicles in storage from the outside. Enclosure shall consist of a six foot high, loot opaque fence designed to blend with the auto body shop structure and consist of materials treated to resist discoloration. There will be no outside vehicle storage area. G Planning Commission Agenda - 4/8/92 1. To approve the conditional use request to allow auto body shop repair in a B-3 (highway business) zone with applicant complying with all ten conditions under auto body shop repair. This alternative is consistent with action taken on the application made in April. 1989. 2. To approve the conditional use request to allow auto body shop repair in a B-3 (highway business) zone. 3. Deny the conditional use request to allow auto body shop repair In a B-3 (highway business) zone. CS," 5. Floor area of the vehicle storage area shall consist of asphalt or concrete paving. There will be no vehicle storage outside and no hard surfacing required. 6. No work on vehicles or vehicle parts shall be conducted outside of the confines of the auto body shop. All work will be done inside the confines of the building. 7. The advertising wall facing the public right-of-way shall consist of no more than 501 metal material. The applicant is proposing a different type of material on the front portion of the building. 8. The secondary or non -advertising wall facing the public right-of-way shall utilize a combination of colors or materials to serve to break up the monotony of the single color flat surface. The applicant is proposing to address this requirement through a combination of colors or materials. 9. Development shall conform to the minimum parking and landscaping requirements of the zoning ordinance. The parking requirements are met for this use on this parcel of land. The landscaping requirements will be submitted before building permit application and will be reviewed at that time for compliance to the minimum landscaping requirements. 10. No conditional use permit shall be granted for an auto body shop within 600 feet of a residential or PEN zone existing at the time that the conditional use is granted. Proposed use is not within 600 feet of a residential or PEN zone. B. ALTERNATIVE ACTIONSt 1. To approve the conditional use request to allow auto body shop repair in a B-3 (highway business) zone with applicant complying with all ten conditions under auto body shop repair. This alternative is consistent with action taken on the application made in April. 1989. 2. To approve the conditional use request to allow auto body shop repair in a B-3 (highway business) zone. 3. Deny the conditional use request to allow auto body shop repair In a B-3 (highway business) zone. CS," Planning Commission Agenda - 4/8/97 C. STAFF RECONKENDATION: City staff recommends approval of the conditional use request to allow auto body shop repair in this B-3 (highway business) location. The applicant must comply with all ten conditions as noted under the auto body shop repair. D. SUPPORTING DATA: Site plan for Parcel B/proposed auto body repair shop; Floor plan for the proposed auto body repair shop; Front and side view elevations of the proposed auto body repair shop; Zoning ordinance Section 13-11, P. k ---------- LAND SWWEVE 0 9ox WIE==ODle Reg (812)20,3360 M t t o O i l ~ n..... A— • s.�. � S ..'. ( 4r I •� 1 rid I n� g run I D�� I r::�w 10 1 �t I If [P) Auto body shop repair provided that: 1. Door opening to service area garage must not face street frontage. 2. Vehicle storage area limited to SOS of floor space of the structure housing the auto body shop. 3. All vehicles being serviced and all vehicle parts must be stored inside or in vehicle storage area. 4. Vehicle storage area shall be enclosed by enclosure intended to screen the view of vehicles in storage from the outside. Enclosure shall consist of a six-foot high, 100% opaque fence designed to blend with the auto body shop structure and consisting of materials treated to resist discoloration. S. The floor of the vehicle storage area shall consist of asphalt or concrete paving. 6. No work on vehicles or vehicle parts shall be conducted outside the confines of the auto body shop. r., 7. The advertising wall facing the public right-of-way 1 shall consist of no more than 50% metal material. S. The secondary or non -advertising wall facing a public right-of-way shall utilize a combination of colors or materials that serve to break up the monotony of a single color flat surface. 9. The development shall conform to minimum parking and landscaping requirements of the zoning ordinance. 10. No conditional use permit shall be granted for an auto body shop within 600 feet of a residential or PZN zone existing at the time the conditional use permit is granted. (#175, 4/24/89) C 0 11ONTICELLO ZONING ORDINANCE 13/11 Planning Commission Agenda - 4/8/92 6. Public Hearing --Consideration of a request for an ordinance amendment to include private retractable antenna tower to be allowed as a conditional use in a PZM zone. Location is all PZM zoned areas, and specifically, Block 1, Lot 1, Griefnow Addition. Applicant, Ton Mare. (J.O.) A. REFERENCE AND BACKGROUND: Tom Ware proposes to construct a retractable antenna tower, which he uses for short-wave (ham) radio operation. Ware currently operates a ham radio station at his home on the shores of on Big Eagle Lake. I have some video tape of the radio tower and how it looks relative to the neighborhood, which I plan on showing at the Planning Commission meeting. The antenna is retractable, which means it can range in height from 58 feet to 22 feet, depending on the operator's needs. Ware informed me that the antenna will likely be fully extended to 58 feet about 25% of the time. The City zoning ordinance as now written does not allow antennas higher than 20 feet above the roof line. There are no provisions within the ordinance that specifically regulate radio antennas or other communication devices. The ordinance amendment as proposed would allow radio antennas higher than 20 feet above the roof line to be installed in the PZM zone as long as certain conditions are met. Please refer to the proposed ordinance amendment for an outline of those conditions. I would also like to note that the Federal Communications Commission has the authority to override local ordinances, and the City cannot unreasonably restrict radio communications by severely limiting the height of radio antennas. The FCC has stated that local regulations which involve placement, screening, or height of antennas based on health, safety, or aesthetic considerations must be crafted to accommodate reasonably amateur communications and to represent the minimum practical regulation to accomplish the local authority's legitimate purpose. At the same time, however, the FCC has recognized that there are certain general state and local interests which may, in their even-handed application, legitimately affect amateur radio facilities. In fact, the FCC has stated that it will not specify a particular height limitation below which local government may not regulate, nor does it suggest precise language that must be contained in local ordinances. Y r C� Planning Commission Agenda - 4/8/92 The Planning Commission need to determine whether or not a 58 foot antenna in a PEN zone is excessive. Will such a tower tend to devalue adjoining property given the character of the PEN zone? B. ALTERNATIVE ACTIONS: 1. Motion to adopt a zoning ordinance amendment allowing radio antennas and other communication transmission devices to be allowed in a PZM zone as a conditional use based on the finding that the proposed use in the PEN zone is consistent with the character and geography of the PEN zone and there is a demonstrated need for such use. Under this alternative, the Planning Commission is comfortable with allowing a 56 -foot high radio tower in a PZN zone under the conditions as noted. Under this alternative, a 60 -foot high antenna tower could be installed in any PEM zone in the community. Adopting this ordinance amendment would not likely set a precedent that would enable a similar tower to be erected in an R-1 or R-2 zone. Development of a tower in an R-1 or R-2 zone would require a separate zoning ordinance amendment, and the Planning Commission could easily argue that erection of a high tower in a purely residential zone is not consistent with the geography and character of an R-1 or R-2 zone; therefore, the Planning Commission would have grounds to deny a zoning ordinance amendment allowing a radio tower to be placed in an R-1 or R-2 zone. 2. Notion to deny request for a zoning ordinance amendment allowing radio antennas and other communication transmission devices to be allowed in a PEM zone as a conditional use based on the finding that development of a 60 -foot radio tower Is not consistent with the character and geography of the PEN zone. Planning Commission could take the view that communication devices are acceptable in the PZM zone; however, the height and magnitude of this particular antenna is beyond what should be allowed in a PEN zone. A PZM zone is part residential, part commercial, and the negative effects of a high communication transmission tower need to be controlled. It could be argued that a 60 -foot tower in a PEM zone is simply too high given the nature of the zone. Planning Commission Agenda - 4/8/92 Planning Commission could modify the ordinance amendment as proposed and reduce the allowable height of the antenna from 60 feet to a lesser height if it so desires. Tom Ware would then need to determine if the antenna at a lesser height would still be functional. C. STAFF RECOMMENDATION: The PZM zones in the community are transition zones between residential and commercial areas. Given the nature of the PZM areas, it would not appear that the presence of a fairly tall radio antenna will result in a depreciation of adjoining property values. If Planning Commission is uncomfortable with the height of the antenna, it might be reasonable to adopt the ordinance but reduce the height allowed from 56 feet to a height that the Planning Commission is more comfortable with. Please note that Tom ware will promote the radio antenna and his ham radio station as a benefit to the community because it can provide emergency communication backup to existing governmental communication systems. There are also public services that Mare and his amateur radio association can provide to local citizens. These factors could possibly be used to support a finding that there is a demonstrated need for this type of use and associated zoning ordinance amendment. D. SUPPORTING DATA: Picture illustrating antenna; Site plan of proposed radio antenna tower; Memorandum and opinion order of the FCC on federal preemption of state and local regulations pertaining to amateur radio facilities; City Planner's interpretation of FCC position on city regulation of radio antenna towers; Copy of proposed ordinance amendment; Video (to be presented at meet Ing) . �G_ y ALL NEW��"��y THE TRI -EX FREESTANDING sky. needle TOWERS rEATURES Free Standing without aid of bracket or guys Telescopic cabling extends sections uniformly llingud Base Mount included for concrete base Geared raising and lowering winch Included Motor included with 70',90' and 100' models DESIGN Aerodynamic design prosents a pleasing profile Capable of supporting large Amateur Booms CONSTRUCTION Llecrtically weldod to exacting Jig tolerances All stool conforms to ASTM specifications • IIU'1' DII'I'LU GALVANIZED FINISII • Ilul ht of h 14oight Modol -Exto.Vd.d es TM -210 60 Ft. 22' 650 lb. TM -358 58 Ft. 22'-6" 1100 Ib. 0 70 Ft. 27' 2000 1b. TM-3701iD 70 Ft. 27' 3270 lb. TM -490 90 Ft. 28' 3550 lb. TM'5100 100 rt. 29' 3740 lb. •Thi -510011 100 rt. 29' 3820 lb. • Top 30 toot of tower is rotatable, 1e1 -6x TOWER CO PORATIOH 7102 Ratttm m Avs,, VluU Ca01. 93277 , EU 4,1 LOCAL ZONING ORDINANCES In the past. amateurs relied on their powers of persuasion when dealing with r {cel officials. Conflicts between amateurs and local authorities over the antenna height. plaeemem in the yard, number of antennas on a particular support struaore (a towel. for example), and the like, had become quite common. In the absence of detailed federal regulations governing amateur antennas (except for those aspects' discussed previously), municipal leaden often fill in the void and used their broad dhaction in public health and safety matters to enact regulations that limit satennas end supporting structure. The people who write these regulations have a lot of other Wag, on their minds. so thele regulations Seldom take into account your need for an euenna of certain dimensions and height to be effective (for working D%pe& does, running phone patches to the South Pole and so on), so conflicts arise. The situation reached epidemic proportions in the early 19W&. and anrateas who invested fertility saving? in fighting local todng, building code and covenw restrictions to costs around the counts y were kuhy. This happened because there was no clear statement of any federal interest in the muter by the FCC. The courts held that the FCC certainly regulates radio, but since the FCC had Issued no statement restraldng the toning power of citin and counties, the traditionally local interest In ronin{ regulWons which protects the public gernually superseded the interestsof the individud amatrBur. y tktobr of 1913, the ARRL Board of Directora reviewed the adverts court dreideas and realized that antenna restrictions would continue to be a major stanbllag block unless a statement of federal preemption emerged from the FCC. On July 16. 19t14, the League filed a formal request along the FCC to Issue just such a declaratory nnlw that would declare void all local ordination that preclude or significantly Inhibit effective, reliable amateur communications. Many hundreds or comments were (Red when FCC established a pleading cycle, labeled PRB- 1. ("PRB" is the designation (or the FCC's Private Radio Bureau. the Bureau in the FCC's internal organization that handles Amateur Radio mutat)• Comments were riled by amateurs, toning; authorities and city planners. September 19, 1913 was a red-letter day In the history of Amateur Radio, as the FCC Issued Its now famous PRB•I declaratoryMemorandum Opi don ad Order. which says, in pe sineat pan, that "state and local regulations that operate to preclude amatrur communications in their communities are In direct conflict. with federal objectives and must be preempted." See Appendix for the complete tett of PRB•I . May 3 t , 1919 marked another mile cont in the history of Amateur Radio, when the Commission adopted the revised and reorganized Part 97. 197.13(e) of the new rubs codifies tits essence of the P11114 ruling; "... State and local regulation of • station antenm structure must not pat reclude natcur service communications. Rather. It mug reasonably accommodate such communications, and must conmitatt the minimum practicable regulation to accomplish the state or local authority's legitimate Purim.., Thor specific holding of PRB•I hu been of evtreme benefit to imatturs and. with only a few exceptions. has encoursgtd open cooperation and dialogue belwem the communities seeking to regulate amateur antennas and we amateurs ourselves. Now that important language of PRB•I has been incorporated into the FCC rules themselves. the federal interest and official SCC policy with respect to amateur communications can be even more easily demonstrated to municipal officials. who need to be educated by you and )aur fellow hams. Antennas 3.7 (nom Ck. r I', ecL �0�0c.e F0 R.. Memorandum Opinion and Order in PRB-1 Here's the full text of FCC's Memorandum Opinion and Order in PRB-I. If you require an-official" copy of PR& I for use ins least proceeding, you may cite the Federal Register: 30 FR 38813. Before the Federal Communications Commission FCC 83.306 Washington. DC 20336 36149 In the Matter of ) 1 Federal preemption of nate and 1 PRB-1 local regulations pertaining ) to Amateur radio facilities. ) MEMORANDUM OPINION AND ORDER Adopted: September 16. 1983 ; Released: September 19, 1983 By the Comarbsioo: Commissioner Riven ant participating. Background 1. On July 16, 1986, the American Radio Relay Lague. Inc. (ARRL) Mad a Request for Issue= of a Declaratory Ruling asking us to delineate the Wallatlom of local coning and other local sed nate regulatory awhorhy over Federally-Bamed radio facilities. Specifically, the ARRL ranted an explicit statement that would prompt an local ordinances which provably preclude or significantly Inhibit effective reliable a stew radio a m nuniatbm. The ARRL ackaowleQge thin local authorftler can feguWe amateur Installations to levan the safety and health of persons in the community. but believes that those regulations cannot be so restrictive that they preclude effective atnatew communications. 2. Interested panics were advised that they could fW ammema In the matter.' With extension. comments were due on or before December 26. 1986.' with reply comments due an or before January 23, 1983' Ova siateea hundred comments were filed. Laeal OrWasaas 3. Coanicts between amateur operators regarding radio amenau and local authorities regarding restrictive ordinance are common. The amateur operator b 1 governed by tM regulations coataiued In Part 97 of our rules. T}wa stale do not limit the height of an amateur antenna but they require, for aviation safety pgsons, that certain PM notification and FCC approval procedures must be followed for R y amennu which exceed 200 feet In bright above ground level or antmoas which We to be erected near airports. Thus. under FCC ruin some amateur antenna atpoo't stnetwo require obstruction marking and lighting. On the aha hand. ` local tbrif palities or governing bodies frequently earn regulations limhIngntenna as l support structures In height and location, e.g. to side or tar yards. for le21111. safety or aesthetic eonsWeratlo s. There limiting regulations an result In conflict because the effectiveness of the communications that emanate from oto amatear radio station are directly drpendent upon the location and the height of the amrmse. Amateur r operators maintain that they we praded from opetatrng kit certain kinds e0oatrd h for their use If the height of their antennas Is Embed by a local ordinance. 6. Examples of restrictive hal ordinances went submitted by seal amateur operalms in thin Moceenhitrg. Stenlev ;, Ckhy, San Diego. Cahfomis. noted that in San Diego natrut radio antennas came undo a stmeturm ruling which limits building beighu to 3o feet. Thus. antennas time are also limited to 30 fen. Alexander Vrtmios. Mundelein, Illinois surae that an ordinance of the Village of Murdeiein provides that an ammns must be a distance from the property line that is equal to one and ore -half time its height. In his we, he is limited to an ameerna tower for hbamatenr station jute over 33 fen In height. S. Jim C. Chapman. an amateur living in Bloomington. Minnesota. mmmmted that be was trot able to obtain a building permit to install an amafew radio antenna moeediag 33 feet in height because the Bloomington city ordinance restricted "structures" heights to 33 fat. Mr. Chapman said that the ordinance, when written, tmdoubcatr appbal to buildings but was nor being apptied to amennas in the absence of a tpedfk ordinance regulating them. There were two options open to him if he warned to engage In amateur communications. He could request a variance to the ordinance by way of a bearing before the City Council. or he could obtain affidavits from his Withbors swearing that they bad no objection to the proposed amenne instafladoo. He got the building permit after obtaining the cooperation of his a cighbors. His concern, however, is that he had to get permission from several people before becould effectively engaae in radio communications for which hew a valid FCC amucur Bance. 6. to addition to height restrictions, other Benin are coached by hal handlaiom--amletimb device on tow- or fence crowd them; ndnhnum dfautcm from 1111111 voltage poser line; minimum distances of Cowen from property lines; and reguhllom pertaining to the am aufai soundness or the amenna Installation. By and W11e. amueun do tot fid thew safety precautions objectionable. What they do object to am the sometime prohibitive, non-refundable application IIBn11 foes to obtain a permit to erect an antenna htsu0ation and those provisions in ordinances which regulate antenna for purely scubmic reasons. The amateurs contend, almost universally, that "beauty Is in the eye of Lbs beholder." They auert that An antenna Installation Is not more aesthetically dkpknina than other objects that people keep on their property. e.g. motor homes, uallm, pick-up truck,, sold colkcton and audedod equlpment. Ratrleft Coaaanb 7. Amateur operaton also oppose ftmhiiom on their amateur operations which an contained In the deeds for theb harm or In their apartment lease. Since thea relrictilecowewas are contractual agreements between private parties. they ue not aeneraDY a ranter of cpnara to the Commission. However, since soros amateurs who commented In this proceeding provided us with examples of restrictive covenants. they an Included for Information. Mr. Eugaa 0. Thome of HoWster, California Inducted In his contmmu as extract of the Decluufon of Comumu and Restrictions for Rid{ -ark Estates. County of San &alto. Stas of California. It provides: NO aetrea to trammhdm or reception draft danah shall be nerved outdoors to ter ley say Owa01ry salt euaq upoe approval of the McCort. No radio a tArHdaa skpuh a ger elites form Of elenramagntk ndlallon dull a pct Wised is etylaata from teY lot which may uoessmubly intatfma with the feceptbn or televirkaa radio tlpab upon any other fa. Man%,O Wilson, Jr, provided a copy of the restrictive covenant contaked in deeds for the Bell Martin Addition e2. Irving, Traces. It Is binding upon all of the owners or purchasers of the las In the said addhloa. his of their heirs, executors. adminicnton or assigmu. It reads: tin aateantece coma shag be erected upon say IN to tet purpotem of tdb opamium. 97• .•imaw ,. 1nuuu.nt made, art in updrtmcnl budding art tdadswne. Alnwmr. He cite - clause in his lease prohibiting the erection of an antenna. He states that h hr a forced to give up operating amateur radio equipment except a hand -he 2 &W (I44-148 MH4 radio transceiver. He maintains that he sbmW not be pmalizs a jun because he lives in an apartment. Other restrictive covenants are las global in scope than those cited above. For example. Robert Webb purchased a home in Houston. Texas. His deed restriction prohibited "transmitting or rcMvisq antennas extending above the roof line." B. Amateur operators generally appose restrictive covesantr for several reasons. They maintain that such restrictions limit the places that they an reside if they want to pursue their hobby of amateur radio. Some state that they impinge on First Amendment rights of free speech. Others believe that a coastitutional right is being abridged benne. in thew view, everyone has a right to access the airwaves regardless of where they live. 9. The contrary belief held by housing subdivision communities and condominium or homeowner's usociubw is that amateur radio Installations constitute safety hazards, awe interference m other electronic equipment which may be operated in the bona (television, radio, stereos) of are eyesores that detract from the aesthetic and tasteful appesusu a of the housing development or apartment complex. To counteract these negative oanepuemots. the subdivisions and aswdubro include in their deeds• leases or by-hws, restrictions turd limitations on the location and height of antennas or. In some am. prohibit than altogatin. The restrictive c:orcnants are contained in the contractual agreement ent,med into at the time of the sale or lease of the property. Purchasers or lessees we free to choose whether they wad to reside where such restrictions on amateur amennas aro In effect or settle elsewhere. flappanlag Comments 10. The Department of Defense (DOD) supported the ARRL and emphasized In its comments that continued success of existing national security and emergency preparedness telecommunications pians Involving amateur stations would be severely diminished If state and hal ordinances wen allowed to prohibit the construction and usap of effective amateur transmission facilities. DOD utilities volunteers In the Military Affiliate Radio Service (MARS).' Civil Air Patrol (CAP) arid the Radio Amateur Civil Emergency Service (RAC13S). It points out that these volunteer am- muakators are operating radio equipment Installed In shelf homes and that undue restrictions on antenna by local authorities adversely affect their efforts. DOD states 4 11W the respondi eness of them volumm systems would be impalfed If foal ord ogrnces Interfere with the effectiveness of these important national telecommunkuion resources. DOD favors the issuance of a ruling that would get Waits for local gid • state regulatory bodies when they are dating with amateur atmos. 11. Vulgus chapters of the American Red Cross mho cane forward to support that ARRL's request for a preemptive riding. The Red Guru works dsely with amateur radio volunteers. It belleva that without amateun' dedicated svppoo . dUw relief operationsarould significantly suffer and the its tbititytosave dWunvictims would W hampered. 11 feels that antenna belght limitations that might be imposed by loaf • bodies will negatively affect the service now rendered by the volunteers. 12. Cities and counties from various puts of the United States filed comrranls .ty to guppon of the ARRL's request for a Federal preemption ruling. The comrnau from the Director of Civil Defense, Pon Arthur. Texas arty represemuive, TM Amateur Radio Service lieys s vIW role whh our CivU Dtsft w propam best lo Pon Anhw and the design of teats astearas sed towers kids greatly to ow ability to a rmmswtkale during times of diseases, sec docaw Irho, a thc,e 1-1dt, any reMeKnnn, on nhtarnenna, mrd in n.mapi I- rnsonablt fain, mecautwm. Tfoprat uurms. hurricanes an /r don art a gay d lift hese on nit Te"t Gull Coasts and good communications a. _Mutely aumial then preprint for a hurricane and evm mon so during recovery opaatio'glees the hurricane bar past. ll. The Quarter Century Wireless Association took a strong stand in favor of the Issuance of a declaratory ruling. It believes that Federal preemption is necesvy so that there will be uniformity for all Amateur Radio Installations on private property throughout the United States. la. In its comments. the ARRL argued that the Commission has the jurisdk. tion to preempt certain total land use regulations which frustrate or prohibit amateur radio communications. it said that the appropriate standard in preemption cases is M the "tent of rite and log1 intercu in a given regulation, but rather liK unpan of that regulation cd Federal goals. In position 6 that Federal preemption Its warranted whenever local governmental regulations relate adversely to the operational aspects Of amateur communication. The ARRL maintsim that localities routinely employ a variety of cud use devim to preclude the iaraUnion of effective amateur amemtu, Including height restrictions, conditkmal use permits, building setbacks and dimensions! 0mitadons on tunennas. It sea a declaratory ruling of Federal preemption as rxceUM to cause municipalities to accommodate amateur operator needs in had use planning efforts. IS. James C. O'Connell• an attorney who has represented several amateurs before local zoning authorities• said that requlsing amateurs to seek variances or special use approval to erect reasonable antennas unduly restricts the operation of amateur ttalloas. He suggested that the Commisdotm preempt tonhg ordinances which impose amenia helght limits of less than 61 feu. He said that this height would represent e reasonableaccotlmodation of the communication needs of mou amateurs and the legitimate concerns of local zoning authorities. Opposing Comments 16. The City of La Mesa, California has a ening regulation which controls amateur antennas. Its comments reflected an attempt to reach a balanced view. Thio regulation has neither the W me. nor thr effect. of prMuding or inhibiting effective and reliable communication. Such ame n rs may W bush u long a, their awrunion dos nor ownsoaably block views Of cmuthalf eyesores. The raronabts auumptloa b that thea ars AMys atEmlaim u a gi a she fur different Ptaeernem, and/or methods fa aesmbelk treatment. Thur, both public objtctlyes of caeuoWng kind use for the public holds. safety, and convenience. and povking an efftesi" eommunlwiom r rework. ssa be w4f ed. A Maatts ruling to completely sin aside local cannot. or a ruling thick recognim eemrol daft for The purpose of safety of ammaa eonurunion, would be consists, to ... lcomate bad control. IT. Comments from the County of San Diego nue: %VW'f "Views" of the lamfhs provided by amateur opertsars, at oppose the km" of a Preemption rwtag which woaW ekvur'ammna clfenl" en, to a position above 40 other eomiderstions. We mug, his weser, argue the, the local gmauacnt must has Uw abldtr m plan ressorabk Unatatiem npgn th plsttyaesa and Configuration or unatntsr radio uaaradtttg sad reeeivhg asuanss. Such ability is aeeessary to assure that the local decitiottmW m have the whanky to poets obs public health, safety aced wslrut of a0 chlam, In etndusksa, I would like to emphada, an Important difference bet -rim your regatalOrl pests. and that of local gowmenaan. Your Commiaston's approval of the 4 ;;b- 71 preempt",mquta, wouldmabheh a"aatmwlpu14;." Hownn, am rc;idati—a k0,d by a local jurisdiction could be overturned by your Cnmmhsiot or a con if such regulation was dournmed to be umtnooabir. 18. 71se City of Anderson, Indiana, summarized some of the problems that face local communities: 1 am sympmbetic to the c am of three amettnu owners and I uadersund trot to Pia the maxis ma reeMLiw from their dvkea, optimal batiom h necessary However, the preservation, of midentW toeing Narku as "Hvabk" ndghborboods Is care by piadns that ammaas in from yards of homes. Major Probkma y Debt ben, mcouffend, pankatarly visiun, blockage for auto and pedestrian access. In ad- dition. an communities w faced with vatbm bUddtasy bu�qusnn as and lots me M anusit that established setback retphememt 1 fight) ate vulnerable to the owregutard pearsrwrm of amemau. ... thr exercise of Vermpthw sutbority by the FCC to slaughter this request would am be In the bets lutea of the gnwW prnatie. 19. The National Association of Counties (NACO), the American Plsnnlag Association (APA) and the Nulaul league of Cities (NCL) all opposed the issuance of an auenas preemption ruling. NACO emphasized that federal and state power must be viewed in harmony and wane that Federal Intrusion into local concertta of beahh, safety and welfare could weaken the traditional polke power exercised by the auto usd unduly hateffene with the legitimate aetivhfa of the aceta. NLC beUeved that both Federal and local interests sof be acoonfmodated without preempting local authority to regulate the Instalition of amateur radio antenna. The APA Wd that the FCC should continue to leave the issue of regulating amateur antennas with the local government and with the state and Federal courts. Dbea does 20. When considering preemption, we must begin with two constitutional provisions. The tenth amendment provides that any powers which the constitution either don rot dehgete to the United States or does not prohibititfeas the states from from are reserved to the two. Them are nithe police Por Supremacy Cham, however. provides that the constitution and the taws of the United States shall supersede any state law to the contrarythree neI se . AAnlcleI Ys FiN Section I. Givess may en drugs basic promise. lute Laws may be preempted expressly preempt the slue is.. See Jona v. Rath Pbctiwg Co.. 430 U.Sl�ld523 so (1977). Or. Congress may halicue its Latent to completely occupy a ttfven that any mato taw encompassed within that field would Implicitly be preempted. Seuh intent to preempt could be found to a congrealonal regulatory scheme that was an, pervasive that it would be reasotubM to autma that Congress did ata Intend to Permit the states to supplement h. See F&Wiry Fadnol Savings d Loaf An v. de to CWOM 45a U.S. lel. I58 (1982). Finally, preemption may be warranted when nue Law conflicts with federal Law. Such oonnictz may occur tw� � Lfaa 6 Averbach lWace with both Fedrral and nate regulations U • physical 4opos Growers. far. v. Mai. 777 U.S. U2. 142, 143 (1963). of when state Law "wands at an obstacle to the accomplishment acid execution of the full Purposes $ltd objectiva of Congress." Himes Y. Davidowirt. J12 U.S. S2.67 (1941). Furthermore, fed" reguLatlou have the same PrmnPtive effect as ledaal sutufo, F7defiry Fidnd Spv'feft d Loaf Assocklioa Y. dr to Cksma. Moro, 21. The situation before us requires us to determine the extent ro which OW god local zoning regulations may conflict with federal policies conearniftg smatter radio operators. :. Few muuai coming before us present such a clear dichotomy of view point as does the instant issue. The cities. countrio, local communities and housing associations we an obligation to all of i heir citizens and try to address their concerns. This is accomplished through regulations, ordinances or covenants oriented toward the health, safety and general welfare of those they regulate. At the opposite pole are the individual amateur operators and thea support groups who are troubled by local regulations which may inhibit the use of amateur stations or, in some instances, lousily preclude amateur communiculoru. Aligned with the operators are such entities as the Department of Defense, the Arnerican Red Cron and local civil defense and emergency organizations who have found in Amateur Radio a pool of skilled radio operators and a readily available backup network. In this situation, we believe it is appropriate to strike a balance between the federal interest in promoting amateur operations and the legitimate interests of local governmesu in regulating local zoning matters. The cornerstone on which we will predicate our decision is that a reasonable accommodation may be made between the two sides. 23. Preemption Is primarily a furnaion of the extent of the conflict between federal and state and local regulation. Thus, in considering whether our regulations or policies can tolerate a pate tegutatiort, we may consider such factors as the severity of the conflict and the reasons underlying the slate's regulation. In this regard, we have previously recogtdted the legitirnme and important nate interests reflected in local zoning regulations. For example. in Earth Satellite Communications, Inc.. 93 FCC 2d 1223 (1"1), we recognized that ...countervailly am interests intoe in the present dimlon... For rumple, we do ser wish to preclude a ante or locality from exercising Jurisdiction o rr cousin elements of an SMATV operation that property may fall whhm its authority. web as soaing or public safety and hnhh, provdM the rrgiguhtion in question Is net tmdertaken as a pra[er fa the actual purpom of frusumimg achievement N the preeminem federal objective and so long u the nondedenl regulation is applied In a warlittrieduaery mauncr. 24. Similarly, we recognize heft that there are certain general state and local ianeas which may. In their even-harsded application, legitimately affect amateur radio facilities. Nonetheless. there Is also a strong federal interest in promoing amateur eommunjatioas. Evidence of this interest may be found In the comprehensive tut of ruks that the Commission has adopted to regulate the amateur service.' Thou rules an forth procedures for the licensing of stations and operators, frequency allocations, technical standards which amateur radio equipment must mea and operating practices which amateur opecratore must follow. We recognize the amateur radio service as a voluntary, no commodal communication service, paticululy, with res peu to providing emergency communications. Moreover, the unbar radio wrvke provides, a reservoir of trained operators, technician and electronic experts who can be called on in tames of national or local emergencies. By its nature, the Amateur Radio Service oho provides the opponunhy for individual operators to further hurnastional goodwill. Upon weighing these interests, we believe a Whited preemption policy Is warranted. State and local regulations that operas to preclude amateur communications in their communities are In direct conflict with federal obiectives and must be preempted. 28. Because amateur station communications are only as effective as the antenna employed, antenna height restrictions directly affect the effectiveness of amateur communications. Som amateur antenna configurations require more substantial hmallations than others If they are to provide the amateur operator with the Communications that height desires to engage in. For example, an antenna array for international amateur communications will differ from in ameans used to contact r...tr,�-.vw^.T+'vw�y:;•,h,�.ir�,; T+.J.Fyr�il• t'�!'r.: r �r1•:!.�6'`.1eS.~���t1i►+yt,�`Q'r{�' s r�i�;�:•i yOf y � s Other amateur operators at shorter distances. we will cot, however. specify ant particular herbs limitation below which a local government may not regulate, not will we suggest the precise language that must be contained in local ordinanm, god as atexhatdsms for tptclal eaaptbns, varismes. or canditiontat use permits. Neva• thelest, local regulations which Involve placement, uranins, or height of antemw baud on butth, gray, or aesthetic cmniderstiom mast be crafted to acammodan reasonably amateur communkatlorn, and to repaint the minimum practlubb regul-do to accomplish the local authority's kgithsate purpose. - 26, Obviously, we do not have t1N staff or financial resource to review all gats and local laws that affect amateur operations. we an confident. however. that stats and local government will endeavor to legislate in a canner that afraid% appropriate recognition to the Imponam federal Interest at state here and thereby avoid un- necessary conflicts with federal policy. u well at tMatonsuming and eapmtl+t Ueigatbn In this area. Amateur operaton who bdkvi that bat or star govcmxau have been overreadQa6 and thereby have precluded aaomplishmem of their communications gab, may. in addition, use ittb document to bring our POW" ts the attembn of lou! tribunals and forums. 27. Aaordtn*, the Request for Declaratory Ruling filed July 16.1004, try the American Radio Relay Lagos, Inc., IS GRANTED to the extent Indkated herds and. In all other respects, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION William 1. Tdmlco Secretary FOOTNOTES •Pubao Nouee. Aupuq 30. 1064. Mwtteo, No. EZ00. e0 P.R. 35113. Strpanew is, IW ghkk Nolte. Danntbn 10. loan, Moho No. lata. 10rdr. NOM"V 6, 1064, Marro. No. I'M 4Y%ANS is WWV Wdsr the aUtWes W th. ttaWary when IeCruna vdhmuwr W -f I .......... . . Th. r w.mI'M *a +'Vot"W m the 4AR9 pa0ie't ---------- -_- ----- r...tr,�-.vw^.T+'vw�y:;•,h,�.ir�,; T+.J.Fyr�il• t'�!'r.: r �r1•:!.�6'`.1eS.~���t1i►+yt,�`Q'r{�' s r�i�;�:•i yOf y � s Other amateur operators at shorter distances. we will cot, however. specify ant particular herbs limitation below which a local government may not regulate, not will we suggest the precise language that must be contained in local ordinanm, god as atexhatdsms for tptclal eaaptbns, varismes. or canditiontat use permits. Neva• thelest, local regulations which Involve placement, uranins, or height of antemw baud on butth, gray, or aesthetic cmniderstiom mast be crafted to acammodan reasonably amateur communkatlorn, and to repaint the minimum practlubb regul-do to accomplish the local authority's kgithsate purpose. - 26, Obviously, we do not have t1N staff or financial resource to review all gats and local laws that affect amateur operations. we an confident. however. that stats and local government will endeavor to legislate in a canner that afraid% appropriate recognition to the Imponam federal Interest at state here and thereby avoid un- necessary conflicts with federal policy. u well at tMatonsuming and eapmtl+t Ueigatbn In this area. Amateur operaton who bdkvi that bat or star govcmxau have been overreadQa6 and thereby have precluded aaomplishmem of their communications gab, may. in addition, use ittb document to bring our POW" ts the attembn of lou! tribunals and forums. 27. Aaordtn*, the Request for Declaratory Ruling filed July 16.1004, try the American Radio Relay Lagos, Inc., IS GRANTED to the extent Indkated herds and. In all other respects, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION William 1. Tdmlco Secretary FOOTNOTES •Pubao Nouee. Aupuq 30. 1064. Mwtteo, No. EZ00. e0 P.R. 35113. Strpanew is, IW ghkk Nolte. Danntbn 10. loan, Moho No. lata. 10rdr. NOM"V 6, 1064, Marro. No. I'M 4Y%ANS is WWV Wdsr the aUtWes W th. ttaWary when IeCruna vdhmuwr W -f I .......... . . Th. r w.mI'M *a +'Vot"W m the 4AR9 pa0ie't COMMON OUESTIONS•AND-ANSWERS—PR&i h7. W rlryher On ordinator dhW dmrlyPr#tDdo how mdb amara bumagdo m p )L does PRB•1 and taw tw I ssr IJ(U ttteow for met A. PRO.1, cited u "Amatrar Radio Preemption. lot FCC2d 932 (1983?. i, I --ruled preemption of local toning ordinances. it delincues three rules for laic tttunidpafitin to room to regulating antenna structures: (1) state and local err -!cations which operate to preclude amateur communication ere In dim ae'wK with federal objectives and must be preempted: (2) local regulations which placement, soccning err height of antennas based on health, safety or cera bene consideration must be crafted to reasonably accommodate amateur cnrsuai eriorot and (3) sued local regulations cal authority's rep sent ftegIllou" Pnimum p j.rl:abk rcguistiom 10 accomplish pose - PRF -t is codified in the FCC suits in o concall the ise eye% c= e, what is "reasonable" depends eing gotedl For som about what to do when you we faced with a further wUwr as Is restrictive cf%U ranc, we .'IntteratUng with Municipal ()!))cicely,• Ia:a in this chapter. Q. Har stn eM/edrmJ gnwrsrurrtf Ibalt the Atwl tnwbrg potaav of clic mayor. ti+camatua ttmbu bond, wgo awatach dear ro cine goadlsadtnreetedldaer eat at Intel commrwtlyy A. PRS -1 reccanites that loaf kaders can regulate amateur lastallstbn U, «sloe Ow safety and bola of persons in the omamunity. This lateral futdbo tet+ eco touted pan of a jute and Wal govetnmett's "police powers" M legal g_-4ttitks.Sw PR&1.exercise by 00 a striking allWohasoliinturomoeen ottiN AmaocurRRadio of its polls holds, the regulations cannot be so mor(etive that amateur 3avise. also bolds the such 0,,c suntations are impodble• Nor can the regulations be clan restcietiva that its necessary to aaotnplbb the purpose of protecting the community. Thetheory' of PRO -1 and its Incorporation Into the rub u 197• IXe) istbat thus is a reasonable aecommodsdon to be made between the Amateur'+ ceoutunicatloas needs std the obligation of the main/ athaitln to protea rya cvmmuadm /cols!, " for and general � town ddoesug uaYbo the outing ere crashing oli41's {h(dmate mnamn, fo et IS the d qtr on Your neighbor9 lantse. it b the FCC`s bgitimate concern (as 4ekgrted sagbyCoaOtst)aWyoubes0o vtdtolegallyput upatower ofsome in m m t s'a to that you tat maatraW conduct raartim and International ratio ae=muNgtbas on the loam hands. a, Wky deren Y PR&I or %9l.Ilfej gwdfy a 'yemalabgr" hew). ahoy legal axtbooks have been devoted to trYlnl to deSta wbat's "tosonable." As discussed befog, the Use betwom kllttaude amateur otamutthatlon gals and the foal authoity-s tol"cus must be detenaimed a0 a aw.bypss bash on a local level. It's tete that the FCC declined to Indicate .to is U considered a reasonable height below which a city cannot regulate amsau- prat —1-1 hw �yoryble in one sea might not be reasonable in otbem hT sample, n a & a faWy populated suburb would probably ad mudderod a =on". elate am antenna t be embefy acs�tdt(t is a am aunt oviroamo Yet the sena amenia might ezv7onmcnt. As & general principle, however, a municlpanry that estsbUshra a lanket bright limitation of any type. especially are which doe not Ierush at leans ben ren of antenna heiglu, will We a difficult time justifying that halation as a technical matter in light of PR& L Q. Now thee PRB-I and J97.150) Ana put dor braAes on local tonbtg andmNtlo, can I just pet my ametmer up to+dar I condder o reawnabte hrighs andammu, duff the wdNow br my dry it IA violation of the FCC's off elal Polhy' A. Absotarely not! The PR&i order and its codification in (197.11(t) is nes a panacea k's an an overnight cure by any means. If you believe you city's ordinance is not valid in light of PRB-L it's up to you to establish that and ger the ordinance changed by the city council or have Rhe existing ordinance &clued invalid by the courts. To violate the ordinance, or to put up an ameona without a permit, out subject you to serium fines and even criminal penoliks. In encouraging local munkWkks to pay appropriate attention to the rederal knot in antattur communications. the FCC taid that If you believe the coal toning authorities have been overreaching in terms of interfering with your ability to operate Amateur Radio, you an use the PRB-I document and the FCC rule to bring FCC policies to their attention. The bottom line Is that it's 9111 up to you to prove that the existing ordinsoce Is nos in accord with PRB-I. Q. 9%0 do I Hard to do to prose fbtr for ardWancr in my dry Is In vblwb of PRB-ly A. Essentially. the Inua Is one of engineering evidence. You should be able to establish the you need an summos of s cotaln height to rdlabty wee munkast on HF. VHF sad/or UHF as the ease may be. Your city is usually eonmoed. moreover, with tstues or aesthetics, safety, property values and RFI. As to the interrelated bon of aeuhetin and property values, the dty's Interesu cum, of mora, be balanced aghast ymus. You probably can't convince gaff busybody neighbor that a thuceekment nibander looks "good" H he or she fah other. wise by hutlastlaa. It an. however, be evabfish ml one way or another what effect. U troy. an antras of a couln height will have on progeny values. Stndles conducted by ARRL have chose that Corby ametuau have no cgwf whanerrer on property values (comses ARRL HQ toy details), The written opinion of a local praretsional appraiser eta be s croclal pleat of evidence for your tide. The safety floor an best be addressed through exhibition of tower manufactoret's specifipuioro for proper ItwduadW pe slue to explain the there Is no relationship between &stoma bright and safety. The safety issue is beg draft with by antrbtg the integrity of your installation. especially relative to the size Of the baa section and propel guying. Finally. as to RFI. you might wen (although remember that Interference Is a sensitive subject to your Det0bon) that RFI b an FCC muter cats& not apploprime roe local zoafal repletion. (Sec Chapter 9 of this Rwie Boat fm more Information on RFI.) But hasten to add Uses Your modem oplipmem has len chance of causing interference to tekeehice ICU than a radghbor's bkswdryes. Varkms materials at available Ram ARRL HQ to &Wal you to this tuned, rdSASE with oa Regulatory to rise Information B a�0 fadettils onbow obtain "PRU.IitHQ refer to ARRL Volumser Counah In your ata. These we ham -attorneys who will be ailhng to provide an Initial consultation about Your toning matter free of large. For further tuncalon abaft roolvine yaw inning muter in it friendly folurso. sea "Inlenaioo with Municipal OfRdsb," later in this chapter, Q- µ111+U f eat ger any aaflgWdon Imes ted BuAding hupecror rad/w Of f'oabq Beed of Appeah, and I dtd* m age the dry to roan. Has PRO -1 bion used Ice any court aro swcc•xtJady! A,Yer.tohnTtmnn WMtT suer+efufti4 &1hecitvofl-sk-1491ank,._ MEMORANDUM TO: David Licht FROM: Allan Hunting DATE: 1 April 1992 RE: Monticello - Zoning Ordinance Revision - Conmunication Devices i PILE NOi 191.07 C4 I have contacted the PCC to answer your question of antenna height. Cities may limit the height of antennae so long as local controls do not impose unreasonable limitations which affect the reception of antennae. Since the PCC does not define "unreasonable", it would be up to the applicant to show that due to the City's height limit, the antennae cannot fully function as designed. N ORDINANCE AMENDMENT NO. THE CITY COUNCIL OF MONTICELLO, MINNESOTA, DOES HEREBY ORDAIN THAT CHAPTER 10, SECTION 8, OF THE MONTICELLO ZONING ORDINANCE CONCERNING CONDITIONAL USES IN A PZM ZONE BE AMENDED BY ADDING THE FOLLOWING AND SHIFTING ALL LETTERING FOLLOWING THIS ADDITION: (L] Radio antennas and other communication transmission devices provided they meet the following conditions: 1. Height: A ground -mounted communication device height shall not exceed 60 feet when fully extended. 2. Yards: The communication device shall not be located within a front yard setback, a required side yard, or any side yard abutting a street. Communication devices shall be located five (5) feet or more from rear lot linea and shall not be located within a utility easement. 3. Roofs: The communication device may be placed on the roof of any authorized structure on the premises. The height of the communication device shall not exceed 20 feet above the peak of the roof or roof line. 4. Neighboring Property Impact: The communication device shall be so constructed and located that in the event it falls, it will not fall on adjoining property. The communication device may be set back from adjoining property at a distance that Is less than the height of the communication device if a certified engineer certifies that the device as constructed will not fall on adjoining property. 5. Building Permits: A building permit shall be required for the installation of any communication device which requires a conditional use permit, or for any device which has a structural surface exposure of greater than nine (9) square feet. Building permit applications shall be accompanied by a site plan and structural components data for the communication device, including details of anchoring. The City Building Official must approve the plans before installation. 6. Color/Content: Communication devices shall be of a neutral color and shall not be painted with scenes or contain letters or messages which qualify as a sign. 60 Ordinance Amendment No. Page 2 7. Lightning Protection: Each communication device shall be grounded to protect against natural lightning strikes in conformance with the applicable state and local codes. 8. Electrical Code: Communication device electrical equipment and connection shall be designed and installed in conformance with the applicable state and local codes. 9. Use or the physical presence of the communication transmission device shall not interfere with the operation of electronic equipment, including televisions, radios, computers, etc. Adopted this 13th day of April, 1992. Mayor City Administrator o 1 Planning Commission Agenda - 4/8/92 7. Public Hearinq--Consideration of a conditional use allowinq development of a shortwave radio tower in a PZM zone. Applicant, Tom Mare. (J.O.) A. REFERENCE AND BACKGROUND: Action on this item is dependent on the Planning Commission's decision on the previous agenda item. If the Planning Commission adopts the ordinance amendment allowing radio towers to be installed as a conditional use in the PZM zone as proposed by Tom Ware, then it would make sense that the Planning Commission approve Tom Ware's request for a conditional use permit which would allow him to install his radio antenna. If, on the other hand, the Planning Commission does not recommend approval of the zoning ordinance amendment as described in the previous agenda item, then this agenda item becomes moot. 8. ALTERNATIVE ACTIONS: 1. Notion to approve the request for a conditional use permit allowing development of a 58 -foot retractable radio antenna in a PZM zone. Motion is based on the finding that the proposed radio tower structure and operation is consistent with the conditions as required b by ordinance= therefore, the request should be approved. 2. Motion to deny the conditional use permit allowing development of a 58 -foot retractable radio antenna. It is possible that as part of the discussion with the previous agenda item, Planning Commission could recommend that the maximum radio antenna height be established at a height less than 58 feet. If Ware is not willing to reduce the height of his antenna to a lower height as recommended by the Planning Commission in the ordinance amendment, then the Planning Commission would be compelled to deny the conditional use permit request. 3. No action. If the Planning Commission has not approved the ordinance amendment allowing the development of the radio antenna, then no action on this agenda item can be taken. D. SUPPORTING DATA: None. Planning Co—Lesion Agenda - 4/8/92 8. Public Hearin --A variance reguest to Section 20-2-C of the Monticello Zonina Ordinance which requires that a planned unit development include an area of at least 3 acres. Applicant, Investors Tooether. 9. Public Hearin --A replattinq request to subdivide Outlot A of the Zest View residential subdivision. Applicant, Investors Together . 10. Public Hearin --A conditional use request allowinq a townhouse development in an R-2 zone. Applicant. Investors Toaether. Information regarding items 8 - 10 will be provided at the meeting. Because the information is late, the Planning Commission will not be expected to make a recommendation on the preliminary plat application, but will be asked to review the townhome concept plan. Planning Commission does have the option of a making a formal recommendatifo, if desired. SUPPORTING DATA: Letter of April 3, 1992, to Dean Hoglund and Ken Schwartz of Investors Together, Inc. C8-9-10� 250 East Broadway P. O. Box 1147 Monticello, MN 55362.9245 Phone: (612) 295-2711 Metro: (612) 333.5739 Fax: (612) 295-4404 4;� April 3, 1992 Dean Hoglund and Ren Schwarz Investors Together P.0 Box 295 Monticello, HN 55362 Dear Sire, The information provided in the sketch plan sufficiently describes the development concept and represents a good start on the preliminary plat and grading and drainage plan. However, it does not provide sufficient detail necessary to comply with the City's preliminary plat information/application requirements. Following is a list of information that needs to be provided to the City before the preliminary plat application can be considered by the Planning Commission. In addition, I have provided some preliminary observations regarding the plan design which you may wish to incorporate into your updated plans. Please review the list of information requested below and update your plan work accordingly. In the meantime, staff will plan on conducting a sketch plan review with the Planning Commission on Wednesday, April 8, 1997, using the information we have now. As part of our presentation to the Planning Commission, we will be recommending that consideration of the preliminary plat be delayed until necessary information noted below has been reviewed by staff. Also, once the preliminary plat application is complete, we would be happy to set up a special meeting of the Planning Commission if you so desire. DATA TO BE PLACED ON PRELIMINARY PLAT 1. Name the subdivision and north arrow. 2. Fee owner: Does Halliger still own the property? 3. Existing zoning of the subject property along with zoning of adjoining property. 4. Minimum width of drive areas unobstructed by parking areas. S. Dimensions of the individual parcels. 6. All existing and proposed easements including location of the major storm sewer easement between Blocks 3 and 4. ITEMS TO BE PLACED ON GRADING, DRAINAGE AND UTILITIES PLAN 1. Provide a separate grading and drainage plan. Please respond to information requirements outlined by the City Engineer. On Monday, April 6, 1992, he will be faxing the requirements to you directly. OTHER INFORMATION 1. In written form, describe your plan for phasing the development. In your description please include the following information: a. What buildings will be constructed first7 b. will the driveway development be phased, if so how? C. What measures will be taken to control disturbed areas waiting for development.? 2. In written form, provide a description of the association responsible for maintaining the common areas including green space and drive areas. This should include the following; a. Provide a copy of the association rules. These rules should be consistent with the City Ordinance governing PUD's (copy attached) . b. Provide a copy of restrictive covenants if i any. c. will there be any architectural standards included in the restrictive covenants? d. Provide agreements/easements allowing the owner of Lot 4, Block 1 to use the driveway. 3. Provide 14 seta of information for Planning Commission and City Council review. The items above are required prior to consideration of preliminary plat by the Planning Commission and City Council. Please prepare this information for review by City Staff. As soon as the information is available, we will schedule a special meeting of the Planning Commission if you so desire. The items above relate primarily to information deficiencies; below are comments on the plan as preparsd to date. Please note that this is a preliminary review only. Once the preliminary plat application is complete, we will review the plan again and finalize staff comments. PARKING/DRIVE AREAS 1. The island delineators separating parking areas in front of each townhome need to be extended farther into the drive area so as to delineate the driving aisle. 2. There is a concern that there is insufficient distance between the storage garages and the parking for Lots 3 and 4, Block 2. A car parked in front of the storage buildings in this area will create congestion. How do you propose to address this problem? 3. Design the driveway entrance so that it is at a right angle to County Rd 39. 4. Please indicate which drive areae will be curbed and which areae will not be curbed. If you should have any questions regarding the next step, please call. Yours truly, CITY OF MONTICELLO Jeff O'Neill Assistant Administrator JO/cros cc: Bret Weis, OSM John Simola Gary Anderson Planning Commission Rick Wolfsteller ✓file 9