Loading...
Planning Commission Agenda Packet 06-04-1991AGENDA REGULAR MEETING - MONTICELLA PLANNING COMMISSION Tuesday, June 4, 1991 - 7:00 p.m. Members: Dan McConnon, Richard Martie, Jon Bogart, Cindy I.emm, Richard Carlson 7:00 pm 1. Call to order. 7s02 pm 2. Approval of minutes of the regular meeting held May 7, 1991. 7:04 pm 3. Public Hearing --A preliminary plat request of Outlot I, Meadow Oaks subdivision, to be entitled Briar Oakes Estate. Applicant, Prestige Builders of St. Cloud. 7:19 pm 4. Public Hearing --A rezoning request to rezone Outlot I, Meadow Oaks subdivision, from an R -PUD (residential planned unit development) to R-1 (single family residential) zone. Applicant, Prestige Builders of St. Cloud. 7:34 pm 5. Continued public hearing on establishment of regulations governing adult land uses. 7:54 pm 6. Continued public hearing --Consideration of an ordinance amendment which would allow the City to withdraw a conditional use permit due to violations of permit conditions. Applicant, City of Monticello. 8:14 pm 7. Consideration to approve a resolution finding the HRA's modified redevelopment plan for Redevelopment Project No. 1, modified TIF plan for TIP District Nos. 1-1 through 1-11, and TIP plan for TIP District No. 1-12, all located within Redevelopment Project No. 1, to be consistent with the comprehensive plan for the City. Additional Information Items 6:14 pm 1. Consideration of an ordinance amendment allowing limited open sales and rummage and garage sale activity as an accessory use in an R-1 district. Applicant, City of Monticello. Council action: Approved as per Planning Commission recommendation. Planning Commission Agenda June 4, 1991 Page 2 8:24 pm 2. Consideration of an ordinance amendment that would allow the City to withdraw a conditional use permit due to violations of permit conditions. Applicant, City of Monticello. Council actions No action required, as the request did not come before them. 8:26 pm 3. Continued public hearing on establishment of regulations governing adult land uses. Council action: No action required, as the request did not come before them. 8:28 pm 4. Review of a sketch plan submitted by Prestige Builders of St. Cloud. Council action: Approved sketch plan request per Planning Commission recommendation. 8:30 pm 5. Planning Commission Review --Proposed rental housing ordinance. Council action: No action required, as the request did not come before them. 6:32 pm 6. Planning Commission Review --Proposed fence requirement ordinance amendment. Council action: No action required, as the request did not come before them. 8:34 pm 7. Set the nest tentative date for the Monticello Planning Commission meeting for Tuesday, July 2, 1991, 7:00 p.m. 8:36 pm S. Adjournment. MINUTES REGULAR MEETING - MONTICELLO PLANNING COMMISSION Tuesday, May 7, 1991 - 7:00 p.m. Members Present: Dan McConnon, Richard Martie, Jon Bogart, Cindy Lemm, Richard Carlson Members Absent: None Staff Present: Gary Anderson, Jeff O'Neill 1. The meeting was called to order by Chairperson Dan McConnon at 7:01 p.m. 2. A motion was made by Cindy Lemm and seconded by Richard Martie to approve the minutes of the regular meeting held April 2, 1991. Notion carried unanimously. 3. Public Hearing --Consideration of an ordinance amendment allowing limited open sales and rummage and aarage sale activity as an accessory use in an R-1 district. Applicant. City of Monticello. Jeff O'Neill, Assistant Administrator, explained the proposed ordinance amendment allowing limited open sales and rummage and garage sale activity as an accessory use in an R-1 (single family residential) zone. At this time, Planning Commission member Richard Carlson then Joined the Planning Commission meeting. Discussion amongst Planning Commission members included deleting item 17 under 6-3 (I), Limited Open Sales, which stated "All such sales shall be conducted between the hours of 8:00 a.m. and 9:00 p.m." Also discussed was item i2 under 6-3 (H), Limited Rummage/Garage Sales, and included deletion of the words "and signs" so that •2 shall read, "Sale items shall not be placed on or in any public right-of-way." With no further discussion, a motion was made by Cindy Lemm and seconded by Richard Martie to approve the ordinance amendment allowing limited open sales and rummage and garage sale activity as an accessory use in an R-1 district with the following changes: 1. Item #7 under 6-3 (I) be deleted. 2. Item #2 under 6-3 (H) be altered to read, "Sale items shall not be placed on or in any public right-of-way." Page 1 Planning Commission Minutes - 5/7/91 Alter section 3-10-3 (C) to read, "Limited open sales and limited rummage/garage sales. (See Permitted Accessory Sales, Chapter 6, Section 3, of the Zoning Ordinance for regulations governing open sales and rummage/garage sales.)" Notion carried unanimously based on the finding that limited open sales activity and garage sale activity should be regulated in order to properly protect the character of residential areas. Consignment sales and other large sales of a commercial nature serve to detract from the residential character of the R-1 zone and, therefore, such activities should be controlled. The proposed amendment will contribute to the ability of the City to regulate such sales; therefore, the ordinance amendment should be approved. 4. Public Hearing --Consideration of an ordinance amendment that would allow the City to withdraw a conditional use permit due to violations of permit conditions. Applicant, City of Monticello. Upon the suggestion of Chairperson Dan McConnon to continue this item, a motion was made by Richard Martie and seconded by Cindy Lemm to continue this item until the next regularly scheduled Planning Commission meeting. Notion carried unanimously. 5. Continued public hearinq on establishinq regulations governinq adult land uses. Chairperson Dan McConnon asked that this item also be continued. Motion carried unanimously. 6. Review sketch plan submitted by Prestige Builders of St. Cloud. Ms. Pauline Carlson, Prestige Builders, was present to propose a sketch plan review of the proposed new residential subdivision to be known as Briar Oak Estates. No. Carlson outlined the proposed development for the Planning Commission members and answered Questions they had. The Planning Commission generally supported the design of the sketch plan and did not make major recommendations for change prior to initiation of the platting process. Page 2 Planning Commission Minutes - 5/7/91 7. Plannino Commission review--Dr000sed rental housino ordinance. Gary Anderson, Zoning Administrator, explained the proposed residential rental housing ordinance. lir. Anderson fielded questions the Planning Commission members had on the rental ordinance. The recommendation from the Planning Commission members was to send this item on to the City Council for their review and come back at a future meeting with the actual ordinance amendment. S. Planning Commission review--Dr000sed fence ordinance amendment. Gary Anderson, Zoning Administrator, outlined reasons why ordinance amendments governing fences would be useful. It was the recommendation of the Planning Commission to direct staff to prepare ordinance amendments for further consideration by the Planning Committee. Additional Information Items Jeff O'Neill, Assistant Administrator, invited Planning Commission members to a planning meeting with the Monticello School District, the City's Consulting Planner, City Commission members, and City staff. Discussions will include a concept plan review of the area around the new middle and elementary school sites. The meeting is to be held at 7:00 p.m. on June 3, 1991, at the NSP Training Center in the conference room. 1. Consideration of adopting a resolution outlining Planning Commission findings and conclusions resulting from the adult land uses study, and consideration of regulating the adoption of an ordinance amendment regulating adult land uses. Council action: No action required, as the request did not come before them. Z. Consideration of a preliminary plat of the Service Drive addition. Council action: No action required, as the request did not come before them. 3. Review sketch plan of Outlot A, Country Club Manor, proposing single family residential development. Applicant, Jim Metcalf/Brad Larson. Council action: Requested the developers to work with the City staff on alternatives for the development of this property. Page 3 Planning Commission Minutes - 5/7/91 4. It was the consensus of the Planning Commission members to set the date for the next Planning Commission meeting for Tuesday, June 4, 1991, 7:00 p.m. Motion was made by Richard Martie and seconded by Jon Bogart to adjourn the meeting. The meeting adjourned at 9:17 p.m. Respectfully submitted, Gary Anderson Zoning Administrator Page 4 Planning Commission Agenda - 6/4/91 3. Public Nearing --A Preliminary Plat request of Outlot I, Meadow Oaks subdivision, to be entitled Briar Oakes Estate. fipPlicant. Prestiae Builders of St. Cloud. (J.O.) A. REFERENCE AND BACKGROUND: City staff has reviewed the preliminary plat of Briar Oakes Estate and is recommending that the Planning Commission recommend to the Council that the preliminary plat be approved subject to a number of conditions. Following is a review of the preliminary plat followed by alternatives for Planning Commission action. The area proposed for platting is Outlot I of the Meadow Oaks subdivision. This outlot was originally intended to be developed under a PUD concept at a much higher density level. The Briar Oak Estates plat calls for ultimate development of 60 lots. The actual development of the plat will be conducted In two phases with phase I consisting of 26 lots and phase II consisting of 34 lots. A relatively low housing density will result at 1.75 homes per acre. The property possesses a combination of natural features, including gently rolling open land, pond areas, and wooded areas. In addition, a pipeline easement passes through the southeast corner of the property. The design of the plat appears to take advantage of the property's natural features. A comprehensive restrictive covenant is proposed which is designed to assure development of homes in the ♦110,000 to $150,000 range. LOT SIBS City staff has reviewed the preliminary plat in terms of the zoning ordinance and subdivision ordinance. We have concluded that the lot and street design layouts meet all requirements noted by ordinance. PARKS AND TRAILS The proposed subdivision does not include a provision for a park area on site, which is consistent with the original planned unit development design already approved for Outlot I. Under the original PUD plan, Outlots A and E (see map) were Intended to be the central park areas for the entire area. Similarly, Outlots A and E will also become the park areas serving residents living in Briar Oakes Estate. Planning Commission Agenda - 6/4/91 The Briar Oakes Estate preliminary plat includes trailway easements that will provide pedestrian access to roads and other trailways as was originally envisioned under the planned unit development concept. All residential properties within Briar Oakes Estate will have trail access to the park system now in place at Meadow Oaks. In addition, trail easements have been identified along the power line easement which extends along the northern boundary of Outlot I. This power line easement ultimately reaches the middle school. At some point in the future this trail could become a major pathway for pedestrian traffic between the school and Briar Oakes/Meadow Oaks residential areas. Development of this pathway will improve safety by eliminating the need for pedestrian traffic to use County Road 118. Trail development will be phased to coincide with street development and will be constructed as part of the public improvement process. Paved trail surfaces will be maintained by the City. Adjacent vegetation will be maintained by property owners. STREET SYSTEM Major street access to the site is off of County Road 119. If you visit the site, you may note that the entrance to the subdivision at Briar Oakes Estate boulevard is at a crest of a hill, which may cause some site -line problems. City staff Is waiting for input from Dave Montebello of the Wright County Engineering Department for final approval of placement of the Briar Oakes Estate boulevard entrance at the location proposed. The internal roadway design calls for one through street and six cul -de -sate. Initially access to the site will be limited to County Road 1187 however, eventually there will be two methods to enter and exit the development area. Woodcrest Drive at the north side of the development area will someday be extended to streets developed with Outlots C and D of the Meadow Oak Estates area, which will then ultimately connect to County Road 75. This circulation pattern is somewhat different than originally envisioned with the planned unit development concept. Originally, Outlot I was to be served by an access point at County Road 118 and by connection to Meadow Lane directly to the east of the site. This concept was abandoned by the developer because he felt that a separation of neighborhoods was necessary given the difference in housing values between Meadow Oaks and the proposed Briar Oakes Estate. Planning Commission Agenda - 6/4/91 STORM MATER MANAGEKENT At this time, only the outline of the ponding areas have been established. The actual storm water facilities needed in conjunction with this development have not been identified. This will be done as part of the feasibility study. It should be noted, however, that the ponds proposed will be connected, and a method for providing an outlet of ponded water will be designed in conjunction with the feasibility study. The final plat will not be approved until plans are in place that would assure home builders that water levels are properly managed. Of particular concern to the developer and the City is the status of the existing wetland areae in the plat area. There is a concern that the new wetland law will somehow affect the ability of the developer to shape or modify the existing wetland areas. The proposed preliminary plat does not call for a reduction in wetland areas; however, some shaping of that wetland will occur. This shaping could result in lose of certain types of vegetation; however, the lose of vegetation will be replaced by areas with open water. Ultimately, this project will proceed only after given the blessing by the Army Corps of Engineers. Once wetland development approvals are obtained, the developer will be providing the City with the cash necessary to conduct the feasibility study, which will then provide us with the information necessary to complete the development agreement and allow consideration of the final plat. MATER AND SEWER LIKE ACCESS The subdivision will be served by water and sewer lines extending from their present locations at Meadow Lane. The existing roadway right-of-way at Meadow Lane and a proposed easement between Outlote 13 and 14 will become the path of the utility lines. This easement area will also become a future walkway connecting both Briar Oakes Estate and Meadow Oaks to a walkway that extends northward to the existing park areae at Outlot E. The water system developed in conjunction with this subdivision will be adequates however, the system will not be looped immediately, which could result in a slight degradation of water quality compared to the rest of the community. A longer term goal will be to link the system developed serving Briar Oakes Estate to existing or future systems, thereby creating a looping effect which would result in improved water quality. Planning Commission Agenda - 6/4/91 PIPELINE EASEIIBNT A pipeline extends through the southeast portion of the site. The lots developed that are encumbered by pipeline easement may not construct dwellings or garages on the easement. These lots are not encumbered in any other way by the pipeline easement. Some of the lots will be slightly hampered by the presence of the easement. It does not appear that these lots will be unbuildable; however, the homes placed on these lots may need to be narrow or may need to be set back farther than the minimum distance of 30 feet in order to stay out of the pipeline easement area. B. ALTERNATIVE ACTIONS: �} 1. Motion to approve the Briar Oake Estate preliminary plat subject to 1) City Engineer ap rovai of the grading and drainage plan; 2) Army Corps of Engineers approval of grading and drainage plant 3) Wright County approval of location of Brier Oakes Estate boulevard access point to County Road 118; 4) Preparation of engineering data showing that the proposed Briar Oakes Estate preliminary plat is feasible in terms of street, sewer, water, and storm sewer service; S) The plat currently shows a block overlapping into two separate phases. Block overlap of µ.PQ two separate phases should not occur, as the second phase ^ " will be originally platted as an outlot with final plat �� approval of phase II to come at a later date; 6) A L° separate document identifying walkway easement areas must be prepared and recorded against lots that abut walkways. Motion based on the finding that the preliminary plat is consistent with the City ordinances and comprehensive plan. Staff has thoroughly reviewed the proposed plat and is very comfortable with the design of the plat in terms of its overall relationship to the general area and in terms of the street layout and lot design internal to the site. We are concerned that the engineering data has not been completely refined; however, there do not appear at this time to be major engineering problems that must be overcome. If this alternative is selected, the project schedule will be maintained which could result in home construction this season. It preliminary approval le not granted or delayed pending gathering of additional data, it is possible that this construction season might be lost. Planning Commission Agenda - 6/4/91 T. Notion to deny the Briar Oakes Estate preliminary plat. The preliminary plat appears to meet all zoning and subdivision requirements= therefore, unless the additional engineering data reveals a problem, there is no reason to deny the approval of the plat. However, Planning Commission may wish to take the position that an approval is not merited or should be delayed without all of the information being available. C. STAFF RECOM ENDATION: Staff recommends approval. The plat meets design requirements. Although important engineering information regarding the site is not available, this information will not likely have a bearing on site layout. Approving the plat with conditions minimizes the risk and provides the developer with the chance to proceed on a timely basis. The next step in the schedule Is to obtain preliminary and final approval of the plat and initiation of the public improvement process at the Council meeting June 10, 1991. D. SUPPORTING DATA: Preliminary plat; Restrictive covenants; Area map. �OU6/ i3RIARO ES,_ESTA-LE PROTECTIVE COVENANTS & RESTRICTIONS Prestioe Builders of St. Cloud, Inc., A Minnesota Corporation are the owners of all of that certain tract o4 land described as BRIAR OAKES ESTATES according to the plat thereof on file and of record in Wright County, MN, recorded as Document No. , filed in the office of the County Recorder of Wriaht County. MN. Prestige Builders of St. Cloud, Inc., are developing the plat of BRIAR OAKES ESTATE, as a residential area and desire Lu assure that SH1AR OAKES ESTATE, shall always be maintained in a manner: providing for visual harmony: avoiding activities deleterious to the aesthetic or property values of the development; and promoting the general welfare and pleasurable enjoyment of the promises by the residents. Prestige Builderea of St. Cloud, Inc., (hereafter referred to as the "Developer" in these Covenants) hereby declare that tho following Protective Covenanto and restrictions aro imp000d an all that land known as BRIAR OAKES ESTATE. included in the plat identified above, which covenants and roetrictione aro to run with the land and shall be binding upon all parties and all persons owning Toto in BRIAR OAKES ESTATE, or claiming undor them. 1. LAND L1SE ANQ BUIL.pINQ TYPE a. Each lot ohol l to uded onclusivaly for residential purpooea. No building shall be orectod, altorod. placed or permitted to remain on any lot other than ao permitted In the applicable proviaiono of the oovornang zoning ordinance. b. The location of oil ntrueturou within BRIAR OAaFS £3TATC. shall conform with applicable governmental law i. toninq roqulationo, and ordinoneoo. Each home w1 It h!Ivo n front vnrd rot hnr.It of at lrnit 401. C. No reuidenti of bui Ili nq whorc the mall otruetLtro hao o 7round flour area (arrluotvo of open peruhoa and gnrages), of loco than 1 400 cclut-ro tnet, in tre sono of a ono-otory, utruct'4ro, or• foo,3 than v:rc square t;cot on the fi^at f loon, of all one and one-half, tma and two and one-half story atructL-ro, or lonru than 1, 4)n onuare foot in the caao of all ba-loiol. oplit entre and mal ri-levna otrrccturo. shall bo err ctod or rlacod rn anj bluldinq Int. 6o': nh t,ho mai n otru.turo chalI bn nt loom. -�h' 141 width. Al l homan moor hnvn o noragn w.th .a minimum aquyro font. 74 4441, +11 tlnol pl acre 411.1 UU dL)P :V('4J w vfic) rl,IVotrrcr. 2. TEMPORARY STRUCTURES. No structure of a temporary nature, such as trailer house, camping true V,, basement house, tent, shack, garage, barn, outhouse, cr other buildings may be used on any lot anytime as a residence either temporarily or permanently, nor shall a structure to be used as a residence be moved on to any lot. All structures shall be completed and finished within 12 months after the commencement of the excavation or construction thereof, and in any eeent, before the structure shall be used as a residence. Within the 12 month period, all excess building materials, fellen timber and debris shall be removed from the premises and the premises shall be greded and landscaped to general conformity with the other homes in BRIAR CAKES ESTATE. 3. WALLS AND FENCES_ No boundary wall or fence may be constructed with a height of more than six feet and no boundary line hedge or shrubbery will be permitted with a height of more thrr, four feet. The heights and elevation% of any wall or fence shall be measured from the existing elevations of the property at or along the applicable points or line fence. 4. FILLING IN AND REMOVING. The elevation of a lot may not be changed so as to materially affect the surface elevation or grade of the surrounding lots. No sod, soil, sand, gravel or other materials may be gold or removed from any lot or lots e3:copt for the purpose of preparing the lot for construction or alteration of any building or for landacnping. Eneeos soil from oxcavation may not be removed from the development. 3. VEGETABLE GARDENS,,, No vegetable garden may be located in the front yard of any lot or closer than 50 foot to the property lino adjoining any otroet or road. 6. NJJL9AJCCSa, From and after completion of conotruetion of a dwelling upon a lot. no woods, undorbrueh, or othcsr unoinhtly growth shall ho permittad to grow or remain upon tho promicoo. No lot shall be used in whr,le or io part for the atcrago of rubhioh o: any character whft^oevcr, ncrfor the otoralo of any property or thing that will eouao the ler to nppo^.r in on tanelocn or untidy condition or that will he obno;;iaue to tho oyoae nor shall env cubotan x, thine. or material bre lapt upon guy lot that will omit fnul cr ohncnlouc odor,3, or thct. will caucd any noiao that, will or might diotueb the poieo, quiet, comfort, or aeronity of rho ccct.pont , of ovrroi,nding pr oporty. 7. 17, fQlr,. No billhoirdo ar ayyortioing ctgnn of nnv rh3rov for mX ho orertnd, placod, pormittod cr ieintnimva nr any 'Int or imprn.nngnr o•r.opr. as o'Froeal•r pnr.ni�tod in tht,: p<arng.•apit. A m,rr:n .and nrtHr000 oigr i i pr'r-att0i. Vo othnr IJ! =_igo o•F any t --Ind or design will be allowed except a "For Sale" -sign advertising the fact that the lot is for sale and designating the party to be czntacted for such sale, is allowed without prior approval. Nothing in this paragraph shall be construed to prevent the Developer, or its contractors, from erecting, placing, or maintaining signs. structures and offices which may be deemed necessary by it for the promotion and development of the subdivision and neightscring lands ewoed by the Developer. G. EASEMENTS. Easements for drainage and the installation and maintenance of publir utility facilities ci.0 for such other purposes incidental to the development of the property are reserved and to be maintained as designated of the plat of BRIAR, OAKES ESTATES. No structures, trees or shrubs are to be placed on drainage easements. No trees or shrubs are to be planted or maintained on utility easements except as approved, and then they are installed at the owner's sole cost and risk. 9. DRXWEWAVS. LANDSCAPING AND SETRACK$, A tar or cement driveway, at least twelve (12) feet wide, will be required to be installed from the tarred part of the public street running in front of all Lotm to the garage apron on the requirod double car attached garages, within twelve (12) months from the start of construction. All front yards and side yards are to be finish graded, sodded, or soedod and complotod within twelve (12) months dated from start of construction. Setbacks of all kinds will be adhrz?rod to according to the erdinancoo and lawn set by the City of Monti c of l o. 14. PARKING AND COMMEPC1At VEHi0LyE8. The owner of each lot shall pro•rido adoquato off—street parlang fcr any motor vohiclo or trailor uond b;• the residents of the lot. No trucl:o and nn commercial typo vf±hiclos may be sept on the promi000 o::eopt while panted in a elon.sd garage nor parl:od on ami rodidor.tial orroot in ER1RR hAi.l'S ESTATE, encupt whilo ongagod in tranapertiig to or from a r.:?eidonra in thcr d,�voIr_,innot., Nt) r;rai! r, hruo4 trailer, mobilo hemo, camping troilar, trticl i, burot, br-c:inoon agwinmont (incltrdlnq tut not llm trued to c n•:Y mi nrn, pompe, mcrtor bo:!co or lumber), or incpkir-_ibla nc•ir -?hiclro shall bo •,itcred or kept on the prestos o•:c _pl. while pnrt(,,d in a cIcoed qar-iqn co as to bn vancoalod from night. 1 i . f -VM of _ Iil ATlpfj C:ll� D DwCARF F[r+t �!gR E,rcopt no ntnted i:i t;iio paragraph, the operation of ticnnood davcar ,) cr ni.-r'•vrV cchoolc shrill Ge nI lcwoo: ci. Ono, pro,tdoci than onfficiont ofl etroot.. porl.tng I i !ir r.viduJ and C� by thu dovolr-por•a and C3) Orl � tri. tiid th'Y tho ba�e� Mrd io frnCr>-i In �) ,-nnrinn, -z - approved by the developer; and c. Only provided that the facility is operated out of a single family residence occupied. by the operatcr of the facility; and d. The facility meets a1'1 state and lc_al licensing requirements of daycare or nursery schools and does not serve more than 12 persons at one time. 12. SUBDIVISION OF LOTS. None of the lots shall at any time be subdivided into as many as two building sites and no building site shall be less in area than the area of the smallest lot platted on the blocs; of which the building site is a part. A single lot together with contiguous portion or portions of one or more lots in the same block may be used for one building site but only upon compliance with all applicable governmental subdivision regulations. 13. REMEDIES FOR VIOLATIONS The lot owners, or any of them severally, shallhave the right to proceed at law or in equity to compel the compliance with the terms of these Covenants or to prevent the violation, or breach of any of them. The failure to promptly enForge any of the Protective Covenants shall not bar their subsequent enforcement. If any party employs counsel to enforce any of these Covenants, by reason of breach of their provisions# all costs incurred in such enfcreement■ including reasonable attorney's fees, shall be paid to the prevailing party by the party at fault. 14. MORTOAGEB. Nothing contained in these Protective Covenants shall impair or defeat the lion of any mortgage or deed of trust made in good faith and for value, but title to any propertiev subject to these Covenants obtained through sale and satisfaction of any such mortgage or dead of trust or otherwise shall at all times be hold subject to all of these Protactive Covonanto. 15. nUURA IQta All of thn foregoing Covenants, conditiono, roaervationn, and roetrictiona shall continuo and remain in full fnrco and oteoct at oll timo❑ as against the owner nr,d all parties having any intnrost in any lot in BRIAR RAKES ESTATE, rogardloaa of how title wan acquired until cnmmencmmnnt of the calondor year —OIB, on which data th000 Protective Covemanto shalt torminatne providod, howevor, that there Protectivo Cnvonanta ehall be autonatically entonded for a poriod of 10 vuori, and thcrooftor in ouccooeive tO year periods, unlasa on or buforo tho and of the bags period or one of th.7 e-tlunettun Vvviodil, tljtf uwnnro of 7: pefrUunt u+ the lata in BRIAR OAWE13 EbTATC. ohall by writton instrument duly recorded dacloru a tnrminaticn of the asmo. 15. fifivFR��ILS,Ty, If airy r_no fir morn of t.the prnvtsiono of tho feregoin.I Protoet.vo Covoronto shall to doe-lored rrj bo G null and void far anv rouonn .V a 1'Ottrt of cnrapotor.t -4 - jurisdiction, the adjudication or declaration shall not in any manner whatsoever affect, modify, change, abragate, or nullify any of the Protective Covenants or portions thereof not so declared to be void: all of the remaininq Covenants, conditions, reservation= and restrictions not so expressly held to be void shall continue unimpaired and in full force and effect. IN WITNESS WHEREOF. Kevin R. Schmi t--. President of PRESTIGE BUILDERS of St. Cloud, Inc. , has caused this instrument to be executed on , 1991. Kevin Schmitz„ President PRESTIGE BUILDERS of St. Claud, Inc. STATE OF MINNESOTA ) SS. COUNTY OF ON THI9 __ day of _ __. 1991, before me. a Notary Public within and for sai........... County, permonally appeared Kevin Schmitz, to me personally known who being by no duly sworn did say that by in the Proeidont of PRESTIGE BUILDERS of St. Cloud', Inc. , namad in the foregoing instrument, and that said instrument wao signed on behal f of said corporation and said rovin Schmitz acknowledged said instrument to be the froo ect and deed of the cornoratiorn. G Planning Commission Agenda - 6/4/91 4. Public Hearinq--A resonino request to rezone Outlot I, Meadow Oaks subdivision, from an R -PUD (residential Planned unit develoPmentl to R-1 (single family residential) zone. AApolicant. Prestige Builders of St. Cloud. (J.O.) A. REFERENCE AND BACKGROUND: Planning Commission is asked to conduct a public hearing and consider rezoning Outlot I from the PUD zoning designation to the R-1 designation. If the Planning Commission is comfortable with the design of Briar Oakes Estate in terms of integration with the original PUD, then the zoning map should be amended as proposed. The original concept plan for development of Outlot I under the PUD concept called for development of 156 housing units achieved via construction of 43 quad -home structures and 14 duplexes. Under the PUD concept, the utilities plan for Outlet I, including parks, walkways, streets, etc., was Integrated with utilities planning for the balance of the Meadow Oaks development area. Briar Oakes Estate proposes ultimate development of 60 housing units which will result in less than 1/2 the original density. Although some changes have been made to the original plan for street circulation, the Briar Oakes Estate preliminary plat appears to be designed to fit well into the adjoining PUD area. The major change to the original plan is the elimination of street access to Meadow oaks via Meadow Lane. This change was requested to improve the ability of the developer to market the Briar Oakes Estate to second- and third -time home buyers. Offsetting this change is the proposal to develop a roadway connecting to future development at Outlots C and D, thereby providing two ways in and out of the development. As noted in the previous agenda item, all other aspects of the Briar Oakes plat are consistent with the original PUD concept, including trail development, storm water management, and sewer/water system development. The City of Monticello has a very short supply of lots available for people interested in building their second or third home. Rezoning of this area to R-1 will allow development of lots for "move -up" housing. This factor further justifies the rezoning request. Planning Commission Agenda - 6/4/91 B. ALTERNATIVE ACTIONS: 1. Notion to approve rezoning of Outlot I from PUD to R-1 zoning designation. Motion is based on the finding that the rezoning is justified for the following reasons: The Briar Oakes subdivision is designed to sufficiently integrate with the adjoining PUD areas; the rezoning is consistent with the comprehensive plan, geography and the character of the area; the rezoning will allow development of "move - up" single family building lots which are in short supply at this time. Rezoning is contingent on approval of the final plat of the Briar Oakes Estate. If the Planning Commission approved the preliminary plat and if the Planning Commission agrees with the finding above, then this alternative should be selected. Z. Motion to deny rezoning of Outlot I from PUD to R-1 zoning designation. If the Planning Commission did not approve the preliminary plat and if the Planning Commission does not agree with the finding under alternative 11 above, then this alternative should be selected. C. STAPP RECOMMENDATION: Staff recommends alternative 01. D. SUPPORTING DATA: Proposed rezoning map. 7 1 B3 12 T r� ------------ Ao AO -L-.i !P RO VVED 1 •` ' I- REZONNG Planning Commission Agenda - 6/4/91 Continued public hearing on establishment of regulations aovernino adult land uses. (J.0.) Staff asks the Planning Commission to again continue this Public Hearing to an upcoming meeting. Planning Commission Agenda - 6/6/91 6. Continued Public Rearing --Consideration of an ordinance amendment that would allow the City to withdraw a conditional use permit due to violations of permit conditions. (J.O.) REFERENCE AND BACKGROUND: Recently the City Council discussed taking legal action against Fair's Garden Center for violation of the parking requirements associated with the conditional use permit issued in 1989. Council reviewed the matter and determined that no action would be taken until after May 1, 1991, and after it is demonstrated that the violations of the conditional use permit create parking problems evidenced by parking in the street and by Fair's Garden Center customers parking in neighboring business lots. In addition, Council requested that City staff inventory compliance levels with other conditional use permits. As part of the discussion, Council reviewed the penalties for violation of a conditional use permit. At this time, the only penalties associated with violation of the conditional use permit include fines or fail time. There currently is no provision for withdrawing a conditional use permit in the event that a permit holder continually disregards the conditions associated with the permit. It was the view of the City Attorney and the consensus of the City Council that the city ordinance should be updated so as to provide for a mechanism for withdrawal of the conditional use permit when violations of the permit warrant such action. The City Attorney, Paul Neingarden, has completed such an amendment, and it is enclosed for your review. B. ALTERNATIVE ACTIONS: Notion to approve amendment to the zoning ordinance which would allow the City to withdraw a conditional use permit due to violations of conditions associated with the permit. Under this alternative, the Planning Commission would recognize that enforcement of the terms of conditional use permits is improved by the ability to withdraw a conditional use permit if violations persist and that the use of fines and penalties is not always the best method to achieve compliance with the permit. Planning Commission Agenda - 6/1/91 2. Notion to deny adoption of proposed amendment. Under this alternative, Planning Commission would make the finding that the present method for enforcing the terms of conditional use permits is sufficient and that no additional sanctions are necessary to assure compliance. C. STAFF RECOMMMATION: Staff recommends that the Planning Commission select alternative tl. It is our view that the ability of the City to withhold or withdraw a conditional use permit under proper circumstances is necessary. This ability will enable the City to take action that would likely result in compliance of conditional use permits. In addition, this is a common provision used by other cities to gain compliance with conditional use permits. SUPPORTING DATA: Copy of proposed ordinance amendment. 10 ORDINANCE AMENDMENT NO. THE CITY COUNCIL OF MONTICELLO, MINNESOTA, DOES HEREBY ORDAIN THAT CHAPTER 22, SECTION 3, OF THE MONTICELLO ZONING ORDINANCE PERTAINING TO CONDITIONAL USE PERMITS BE AMENDED BY ADDING THE FOLLOWING: 21-3: CONDITIONAL USE PERMITS: (E) Revocation of Conditional Use Permits. If a person to whom a conditional use permit causes, allows, or fails to correct material or repeated violations of the conditions of the conditional use permit, whether through action or inaction, then the City Council may revoke, suspend, or amend the conditional use permit in accordance with the procedures set forth in this section. 1. The City staff shall set a date for a public hearing and shall give notice of the hearing in the same manner as giving notice of public hearing on application for a conditional use permit. The notice shall state the reason for the hearing and shall, with specificity, describe the violations that will be subject of the hearing. The hearing shall be before the Planning Commission and may be continued from time to time to take evidence. The person who is the subject of the proceeding shall be entitled to the assistance of counsel. The Planning Commission shall make findings of fact and make recommendations it believes necessary to carry out the intent of the City's ordinance and the conditional use permit. Such findings of fact and recommendations shall be in writing and accompanied by any reports and recommendations of the City staff. 3. Upon receiving the report and recommendations of the Planning Commission and the City staff, the City Council shall place the report and recommendations on the agenda for the next regular Council meeting. The reports and recommendations shall be made part of the permanent written record of the City Council meeting. The City Council, in its discretion, may hear such other persons as wish to be heard after giving notice in accordance with paragraph (E)1 above. The City Council may (a) revoke the conditional use permit, (b) suspend the conditional use permit, (c) amend the conditional use permit, (d) dismiss the proceeding, or (e) hold additional public hearings after which it shall take one of the actions set forth above. The City Council actions and the findings upon which the actions are based shall be recorded. The decision of the Council shall be based upon the preponderance of the evidence. Adopted this day of , 1991. Mayor City Administrator v Planning Commission Agenda - 6/4/91 7. Consideration to approve a resolution finding the Housina and Redevelopment Authority's modified Redevelopment Plan for Redevelopment Protect No. 1, modified Tax Increment Financinq Plans for Tax Increment Districts No. 1-1 through 1-11. and Tax Increment Financing Plan for Tax Increment Finance District No. 1-22, all located within Redevelopment Protect No. 1, to be consistent with the Comprehensive Plan for the City. (O.K. ) A. REFERENCE AND BACKGROUND: On May 1, 1991, the HRA adopted a resolution modifying the redevelopment plans for Redevelopment Project No. 1, modifying the TIF plans relating to TIF Districts 1-1 through 1-11, and approving the establishment of TIF District No. 1-12. TIF District No. 12 is being created as an Economic District (10 -year district) for Aroplax Corporation, a 41 -year-old family-owned business. The company is a plastic injection molding company now located in Minneapolis. They have a purchase option on the west 408 feet of Lot 3, Block 2, Oakwood Industrial Park. They propose to construct a 22,400 sq ft concrete office, tool, and production facility on Chelsea Road to the east of the Minnesota Highway Department lot. Projected employment to 20-25 jobs. At this point, the HRA requests that the Planning Commission review the project plans for consistency with the City's Comprehensive Plan. The Council public hearing and consideration to approve the TIF District for Aroplax is scheduled for Monday, June 10, 1991. Mr. Jerry Schoen, Paul Schoen, or Steve Schoen of Aroplax may be present at the Planning Commission meeting an June 4 to present their project plans. More project Information will be provided at the meeting. B. ALTERNATIVE ACTIONS: 1. Approve the resolution stating the Aroplax project plan is consistent with the City's Comprehensive Plan. The proposed development site is properly zoned for the proposed manufacturing activity and Is consistent with the Comprehensive Plan of the City; thorefora, it appears appropriate to approve the resolution. 2. Deny adoption of the resolution. This alternative does not appear to be viable as the proposed land use is consistent with the zoning ordinance and Comprehensive Plan. 3. Table adoption of the resolution. Planning Commission Agenda - 6/4/91 C. STAFF RECOMMENDATIONS Staff recommends tht the Planning Commission adopt the resolution based on the fining that the proposed land is consistent with the Zoning Ordinance and Comprehensive Plan. D. SUPPORTING DATA: Project plans, project map, and the resolution will be presented at the meeting. 12 1 Ir5 jip I ,fin min t1��aa1I UN= v 0771 0) min tIe tiCYCt 7t1DY01R K :m !)Ottlt�lD Co. �+ tavtts Ittsmt R -•-+^ LII nAlr 1 YC3 \ \, ❑ Ct= ...o T . tzms' cavtm = 8.112 .c:o tncma ,� .rn 07 1.1 Its �' R'Q Iacoml. 1tVY 1`►tll 4t naullro P cm'n 1►tm ' SAS)• q 1 1.11 veru I •� U TIM t1t 111 t7QiWln GAXWW aAam 10 -- HInfIH B-Yf�at ��CC'^ 1 ,1 �` f.S •m• 1.1 urn • 1 DUNDAS ItmN a mmaro�ae \\tct:t to M=m2,o Stl n • t 6rurt{ to.! tRDOlilut m Va.l IMP:= n PAM" tut.,t g :.N� t.1.sd1 1•Surj' � `' � i l I \•