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Planning Commission Agenda Packet 08-04-1992 (2)MINUTES SPECIAL MEETING - MONTICELLO PLANNING COMMISSION Monday, July 27, 1992 - 6 p.m. Members Present: Richard Martie, Jon Bogart, Cindy Lemm, and Richard Carlson Members Absent: Dan McConnon Staff Present: Gary Anderson, Jeff O'Neill 1. The meeting was called to order by Acting Chairperson, Cindy Lemur, at 6 p.m. 2. A continued public hearing --A creliminary Plat request to subdivide an unvIatted tract of land into an industrial subdivision plat. Applicant, Brad and Mary Barger. Jeff O'Neill, Assistant Administrator, reviewed the Barger's industrial subdivision plat request. O'Neill highlighted the following changes that were made to the preliminary plat after a copy of the plat was delivered to the Planning Commission members: 1. Mater and sewer services located on the site. 2. The slope easement and the drainage and utility easement are incorporated into a drainage and utility easement only on the west Side of the property. 7. The location of the existing billboard Sign. The sign will have to be removed within 60 days upon notification by the Building Official. O'Neill explained that this is a small plat with one lot and one block, and he presented commission members with an updated preliminary plat copy showing the above changes. Acting Chairperson, Cindy Lemm, then opened the public hearing. There being no input from the public, she opened the meeting for further comments from the Planning Commission members. Discussion amongst the Planning Commission members centered on how to proceed with removal of the billboard sign. It was reported to commission members that they have already been notified to remove the sign; and hopefully prior to occupancy the billboard sign will be removed. Page 1 Special Planning Commission Minutes - 7/27/92 A motion was made by Richard Carlson and seconded by Richard Martie to approve the preliminary plat of the Barger Addition subject to moving the setback line on the westerly edge of the property line to a position 12 feet east of the proposed slope easement boundary. Motion carried unanimously. 3. A motion was made by Richard Carlson and seconded by Jon Bogart to adjourn the meeting. The meeting adjourned at 6:28 p.m. Respectfully submitted, Gary Anderson Zoning Administrator L Page 2 Planning Commission Agenda - 8/4/92 5. Public Hearin --Consideration of amendments to the Monticello Zonina Ordinance Dertaininq to the definition and regulation of home occupations. (J.O.) A. REFERENCE AND BACKGROUND: At the previous meeting of the Planning Commission, on e vote, the Planning Commission recommended denial of a zo ordinance amendment which would allow the Thielman home occupation to have an employee. Subsequently, the City Council reviewed the Planning Commission's recommendation and testimony from numerous individuals that attended the City Council meeting and voted to table consideration of the ordinance amendment that would allow Thielmans to have an employee, and the City Council called for a public hearing on a zoning ordinance amendment that would provide a mechanism enabling the distinction between permitted home occupations and special home occupations. Under the proposed amendment, home occupations that meet minimum requirements (permitted home occupations) may be allowed through an administrative process. Home occupations that do not operate in a manner completely consistent with the minimum requirements (special home occupations) such as the Thielman proposal may be allowed only if it is determined by the Planning Commission and City Council via the public hearing process that the special home occupation operates in a manner that is consistent with the Intent of the ordinance. Subsequent to the City Council action, with the help of Northwest Associated Consultants, City staff has prepared a draft ordinance for Planning Commission review. The purpose of this meeting is to review the draft ordinance amendment and provide a recommendation to the City Council. The following is a review of the zoning ordinance amendment proposed. In my review, I have included comments which describe how the ordinance could affect certain home occupations now existing within the community. PROPOSED ZONING ORDINANCE AMENDMENT Procedures and Permits A home occupation application that meets the minimum requirements as evaluated by City staff would be permitted without further Planning Commission or Council review. City staff would define which home occupation applications would fall Into the special home occupation category. The special home occupation request would be processed via the same process and criteria used with the conditional use permit Planning Commission Agenda - 8/4/92 process. Planning Commission and Council would be able to assign specific conditions that the special home occupation must conform to. Special home occupation permits may be issued for a period of one year. The permit may be issued for periods of up to three years. The permits shall not be transferable. If a permit is not used within one year after granting of the permit, it shall become null and void. A special home occupation permit can be reconsidered by Council only after six months have passed since the original denial. An applicant shall not have a vested right to a permit renewal by reason of having obtained a previous permit. General Provisions The general provisions outlined in the ordinance are very similar to the general provisions that exist with our current ordinance. Following is a summary. ° No light glare, noise, odor, or vibration should be created by the home occupation. No equipment shall be used that will create electrical interference to surrounding properties. The home occupation shall be clearly incidental and secondary to the residential use of the premises and should not change the residential character thereof. It shall not result in incompatibility or disturbance of surrounding residential uses. No internal or external alterations or construction features not customarily found In dwellings shall be allowed. No exterior storage of equipment or materials except personal automobiles is allowed. No signs are allowed except for an identification sign which Is limited to identifying the name of the resident only. All other aspects of the city code must be followed. No home occupation shall be conducted between 10 p.m. and 7 a.m. unless the home occupation Is contained entirely within the principal building and shall not require any on -street parking. 2 Planning Commission Agenda - 8/4/94 Permitted Home Occupations Following are attributes of home occupations that are allowed and permitted via the administrative permitting process. - Home occupations that do not employ a person other than those who reside at the premises. - Home occupations that are conducted entirely within the principal building. - Home occupations that do not create a parking demand in excess of that which can be accommodated in existing driveway. - Home occupations that do not involve any repair service or manufacturing or retail sales except for those brand name products that are not marketed and sold in a wholesale or retail outlet. Requirements --Special Home Occupation Following are highlights of the regulations defining and regulating home occupations. Employees are allowed where the applicant can prove unusual or unique conditions or the need for non-resident assistance, and that this exception would not compromise the intent of this chapter. Examples of special home occupations would include barber and beauty services, photography studio, group lessons, saw sharpening, skate sharpening, small a ne repair, and general cowtra �aioh ...,— .,tciude a+ecrriciena e1�aL�ra p*� The home occupation may include stock in trade to be sold on the premises however, the retail activity must be incidental to performance of the service. The City reserves the right to inspect the premises of a special home occupation to ensure compliance with the provisions of this section or of any conditions additionally imposed. 3 Planning Commission Agenda - 8/4/92 Zonina Ordinance Amendment Implications Dahlqren Jewelers Under the proposed ordinance amendment, Dahlgren Jewelers would be eligible for a special home occupation permit. Dahlgren Jewelers does watch and clock repair and also conducts retail sales incidental to this activity. There is some concern that it will be difficult to enforce retail activity and to determine whether or not retail activity is actually incidental to a repair or service provided with the home occupation. According to the City Planner, retail activity incidental to the home occupation can be best regulated by limiting the number of cars that can be parked at the site at any one time, thereby forcing the home occupation to rely on appointments when conducting retail sales. The presence of more than one vehicle associated with a home occupation on site at any one time is documentable and could be the means by which a home occupation permit could be withdrawn. Home Occupation --Clergymen According to the City Planner, clergymen should be allowed to conduct a home occupation as a permitted home occupation. He noted that visits to the clergyman's home by church members for Bible studies or for personal communication with the pastor should not be regulated under the special home occupation permit process because this type of activity does customarily occur in residential areas. On the other hand, any type of worship service would not be allowed under this permitted home occupation category and would require a conditional use permit in keeping with zoning regulations in the R-1 and R-2 districts. General Contractors/Riverside 011/Schwan's Man The home occupation regulations ordinance does not apply to contractors, electricians, plumbers, painters, or fuel transportation because their mayor work is conducted off site. This does not mean that commercial activity is residential areas conducted by these type of of occupations is not regulated. For instance, the existing city ordinance does not allow parking of vehicles in a residential area with a gross vehicle weight higher than 9000 lbs. The ordinance goes on to state that "under no circumstances shall required parking facilities accessory to residential structures by used for storage of Planning Commission Agenda - 8/4/92 commercial vehicles or equipment...". City staff would interpret the ordinance to allow trucks and vans under 9000 lbs that are used for commercial and personal use. On the other hand, vehicles over 9000 lbs and other equipment not customarily found in a residential area are not allowed to be parked in a residential area. Home OCCYDation--Zonina Ordinance Amendment/Enforcement Summary Following are steps that are proposed in the process of creating the new ordinance and in enforcing it. Please review these steps and make comments accordingly. 1. Provide Planning Commission with documentation of as many home occupations as possible (see attached). 2. Planning Commission and Council review proposed zoning ordinance amendment and its potential impact on home occupations identified at this time. 3. Once zoning ordinance amendment is approved send notice to all home occupation operators requesting that they complete an application form for home occupation. Also, send a notice to the home occupation operators that have grandfather rights to complete a permit form. 4. City staff defines which home occupations fall into the permitted home occupation category and which fall into the special home occupation category. S. Send approved permit to those home occupations that fall into the permitted home occupation categories. 6. Process the special home occupation permit requests for those home occupations that do nut fall into the permitted home occupation categories. 7. Take enforcement action against home occupations that do not seek a permit or are denied a special home occupation permit and then continue to operate. Planning Commission Agenda - 8/4/92 B. ALTERNATIVE ACTIONS: Notion to adopt amendments to the Monticello Zoning Ordinance pertaining to the definition and regulation of home occupations (as attached). In the motion the Planning Commission should outline its finding in regards to the impact of the zoning ordinance amendment on the character and geography of residential areas. Is the proposed amendment consistent with the Comprehensive Plan? will the proposed amendment depreciate the adjoining properties and is there a demonstrated need for the proposed amendment? Notion to deny proposed zoning ordinance amendment. Under this alternative, Planning Commission makes a finding that, essentially, the existing ordinance is sufficient and that the City should continue to regulate home occupations under the current rules. C. STAFF RECOMMENDATION: Staff recommends that Planning Commission selects alternative •1 based on the finding that the proposed zoning ordinance amendment will contribute toward maintaining the residential character of areas in which home occupations are conducted, while providing a tool allowing limited, controlled commercial use of residential property. The ordinance will benefit the City by providing a mechanism for allowing home occupations to exist that operate in a manner completely transparent to the neighborhood but do not precisely meet the minimum requirements. SUPPORTING DATA: Proposed zoning ordinance amendmentsi Listing of home occupations that City staff is currently aware of by case basis. ORDINANCE AMENDMENT NO. THE CITY COUNCIL OF MONTICELLO, MINNESOTA, DOES HEREBY ORDAIN THAT CHAPTER 3, SECTION 1 [HB], OF THE MONTICELLO ZONING ORDINANCE PERTAINING TO MOMS OCCUPATIONS BE AMENDED BY DELETING THE FOLLOWING DEFINITION AND RE - LETTERING THE REMAINING DEFINITIONS: Delete: [HB] HOME OCCUPATION: Any gainful occupation engaged in by the occupants of a dwelling at or from the dwelling. Such activity shall be clearly incidental and secondary to the residential use of the premises. Permissible home occupations shall not include the conducting of a retail business other than by mail, manufacturing, retail business other than by mail, manufacturing, and no stock in trade shall be kept or sold. No other than persons residing on the premises shall be employed, no mechanical equipment shall be employed that is not customarily found in the home, and no more than one (1) room may be devoted to home occupation use. Such home occupation shall not require internal or external alterations or involve construction features not customarily found in dwellings. The entrance to the space devoted to such occupations shall be within the dwelling. There shall be no exterior display, no exterior signs except as allowed in the sign regulations for the zoning district in which such home occupation is located. Identification signs Indicating the presence of a home occupation are not allowed in any residential zone. There shali be no exterior storage of equipment or materials used in the home occupation. No home occupation shall be permitted which results in or generates more traffic than one (1) car for off-street parking at any given point in time. Permissible home occupations include, but are not limited to, the following: art studio, dressmaking, special offices of a clergyman, lawyer, architect, engineer, accountant, beautician, or real estate agent or appraiser, when located in a dwelling unit occupied by the same; and teaching, with musical, dancing, and other instruction limited to one (1) pupil at one time. Operation of a home occupation as an accessory use of residential property first requires Issuance of a home occupation permit from the City of Monticello. Home occupation permits shall be reviewed and renewed on an annual basis. Failure to operate home occupations in a manner consistent with the standards stated herein or failure to comply with building code or public nuisance regulations will result in withdrawal or non -renewal of home occupation permits. The cost of the permit shall be established by the City and subject to change from time to time. Adopted this 10th day of August, 1997. Mayor City Administrator ORDINANCE AMENDMENT NO. THE CITY COUNCIL OF MONTICELLO, MINNESOTA, DOES HEREBY ORDAIN THAT CHAPTER 3 OF THE MONTICELLO ZONING ORDINANCE BE AHMED BY ADDING SECTION 11, HOME OCCUPATIONS, AS FOLLOWS: 3-11: HOME OCCUPATIONS: [A] Purpose. The purpose of this section is to prevent competition with business districts and to provide e means through the establishment of specific standards and procedures by which home occupations can be conducted in residential neighborhoods without jeopardizing the health, safety, and general welfare of the surrounding neighborhood. In addition, this section is intended to provide a mechanism enabling the distinction between permitted home occupations and special or customarily "more sensitive" home occupations so that permitted home occupations may be allowed through an administrative process rather than a legislative hearing process. [B] Application. Subject to the non -conforming use provision of this section, all occupations conducted in the home shall comply with the provisions of this section. This section shall not be construed, however, to apply to home occupations accessory to farming. IC] Procedures and Permits. Permitted Home Occupation. Any permitted home occupation as defined in this section shall require a "permitted home occupation permit." Such permits shall be issued subject to the conditions of this section, other applicable city code provisions, and state law. This permit may be issued by the Zoning Administrator or his agent based upon proof of compliance with the provisions of this section. Application for the permitted home occupation permit shall be accompanied by a fee as adopted by the Council. If the Administrator denies a permitted home occupation permit to an applicant, the applicant may appeal the decision to the Board of Adjustment and Appeals, which shall make the final decision. The permit shall remain in force and effect until such time as there has been a change in conditions or until such ordinance Amendment No. Page 2 time as the provisions of this section have been reached. At such time as the City has reason to believe that either event has taken place, a public hearing shall be held before the Planning Commission. The Council shall make a final decision on whether or not the permit holder is entitled to the permit. 2. Special Home Occupation. Any home occupation which does not meet the specific requirements for a permitted home occupation as defined in this section shall require a "special home occupation permit" which shall be applied for, reviewed, and disposed of in accordance with the provisions of Chapter 22 of the zoning ordinance. 3. Declaration of Conditions. The Planning Commission and the Council may impose such conditions of the granting of a "special home occupation permit" as may be necessary to carry out the purpose and provisions of this section. • 4. Effect of Permit. A "special home occupation . permit" may be issued for a period of one (1) •, year after which the permit may be reissued for periods of up to three (3) years each. Each application for permit renewal shall, however, be processed in accordance with the A �1 procedural requirements of the initial special home occupation permit. 5. Transferability. Permits shall not run with the land and shall not be transferable. 6. Lapse of Special Home occupation Permit by Non -Use. Whenever within one (1) year after granting a permit the use as permitted by the permit shall not have been initiated, then such permit shall become null and void unless a petition for extension of time in which to complete the work has been granted by the Council. Such extension shall be requested in writing and filed with the Zoning Administrator at least thirty (30) days before the expiration of the original permit. There shall be no charge for the filing of such petition. The request for extension shall state facts slowing a good faith attempt to Ordinance Amendment No. Page 3 initiate the use. Such petition shall be presented to the Planning Commission for a recommendation and to the Council for a decision. 7. Reconsideration. whenever an application for a permit has been considered and denied by the Council, a similar application for a permit affecting substantially the same property shall not be considered again by the Planning Commission or Council for at least six (6) months from the date of its denial unless a decision to reconsider such matter is made by not less than four-fifths (4/5) vote of the full Council. e. Renewal of Permits. An applicant shall not have a vested right to a permit renewal by reason of having obtained a previous permit. In applying for and accepting a permit, the permit holder agrees that his monetary investment in the home occupation will be fully amortized over the life of the permit and that a permit renewal will not be needed to amortize the investment. Each application for the renewal of a permit will be reviewed without taking into consideration that a previous permit has been granted. The previous granting or renewal of a permit shall not constitute a precedent or basis for the renewal of a permit. (D) Reauirementi General Provisions. All home occupations shall comply with the following general provisions and, according to definition, the applicable requirement provisions. 1. General Provisions. a. No home occupation shall produce light glare, nolee, odor, or vibration that will in any way have an objectionable effect upon adjacent or nearby property. b. No equipment shall be used in the home occupation which will create electrical Interference to surrounding properties. Ordinance Amendment No. Page 6 C. Any home occupation shall be clearly incidental and secondary to the residential use of the premises, should not change the residential character thereof and shall result in no incompatibility or disturbance to the surrounding residential uses. d. No home occupation shall require internal or external alterations or involve construction features not customarily found in dwellings except where required to comply with local and state fire and police recommendations. e. There shall be no exterior storage of equipment or materials used in the home occupation, except personal automobiles used in the home occupation may be parked on the site. f. The home occupation shall meet all applicable fire and building codes. g. There shall be no exterior display or exterior signs or interior display or interior signs which are visible from outside the dwelling with the exception of an identification sign which is limited to identifying the name of the resident only. h. All home occupations shall comply with the provisions of the city code. 1. No home occupation shall be conducted between the hours of 10 p.m. and 7 a.m. unless said occupation is contained entirely within the principal building and will not require any on -street parking facilities. �. No home occupation shall be permitted which results in or generates more traffic than one (1) car for off-street parking at any given point In time. Ordinance Amendment No. Page 5 [E] Revuirements: Permitted Home Occupations. 1. No person other than those who customarily reside on the premises shall be employed. 2. All permitted home occupations shall be conducted entirely within the principal building and may not be conducted in an accessory building. 3. Permitted home occupations shall not create a parking demand in excess of that which can be accommodated as defined in Section 3-5 [F] 6, where no vehicle is parked closer than fifteen (15) feet from the curb line. Permitted home occupations include and are limited to: art studio, dressmaking, secretarial services, foster care, professional offices and teaching with musical, dancing, and other instructions which consist of no more than one pupil at a time and similar uses. 5. The home occupation shall not involve any of the following: repair service or manufacturing which requires equipment other than found in a dwellings teaching which customarily consists of more than one pupil at a time; over-the-counter sale of merchandise produced off the premises, except for those brand name products that are not marketed and sold in a wholesale or retail outlet. [F] Requirements: Special Home Occupation. 1. No person other then a resident shall conduct the home occupation, except where the applicant can satisfactorily prove unusual or unique conditions or need for non-resident assistance and that this exception would not compromise the intent of this chapter. 2. Examples of special home occupations includes barber and beauty services, day care/group nursery, photography studio, group lessons, saw sharpening, skate sharpening, small appliances, and small engine repair and the like. 2 6-2: PERMITTED USES: The following are permitted uses in an "R-1" district: (A) Single family detached dwellings. (B) BOARDING (HOUSE) HOME--FOSTER CHILDREN: Restricted to children out of their own home, age sixteen (16) years or under, or in the case of mental retardation age twenty-one (21) or under, cared for twenty-four (24) hours a day for a period of thirty (30) days. The number to be cared for in one (1) foster child boarding (house) home shall not exceed six (6), including the foster family's own children. (C] DAY CARE HOME: Restricted to a family dwelling in which foster care, supervision, and training for children of school or preschool age out of their home is provided during part of a day (less than twenty-four (24) hours) with no overnight accommodation or facilities, and children are delivered and removed daily. The number to be cared for In one (1) day care home shall not exceed twelve (12) including the family's own children. The regulation and conditions of the Minnesota Department of Public Welfare, Public Welfare Manual 11 3130 as adopted, amended, and/or changed shall be satisfactorily met and a written indication of preliminary, pending, or final license approval from the regulatory welfare agency shall be supplied to the City. rDl Public �p s and playgrounds. 6-3:Y PERMITTED ACCESSORY : The following are permitted accessory uses in an R_f" eiatrict: (A) Private garages, parking spaces, and carports for licensed and operable passenger cars and trucks not to exceed a gross capacity of nine thousand (9,000) pounds MONTICELLO ZONING ORDINANCE 6/1 Q ulated by Chanter 3_ Rection S,aof this ordinance. Private g6kages are intended for use to share the private passenger vehicles of the family or families resident upon the premises and in which no business, service, or industry is carried on. Such space can be rented to non-residents of the property for private passenger vehicles and/or non-commercial vehicles, trailers, or equipment if sufficient off-street parking in full compliance with this ordinance is provided elsewhere on the property. Such garage shall not be used for the storago of more than one (1) commercial vehicle owned or operated by a resident per dwelling unit. (B] Recreational vehicles and equipment. (Cl Ilomo occupations. A� 4. CHANGE OF USE OR OCCUPANCY OF LAND: Any change of use or occupancy of land already dedicated to a parking area, parking spaces, or loading spaces shall not be made, nor shall any sale of land, division, or subdivision of land be made which reduces area necessary for parking, parking stalls, or parking requirements below the. minimum prescribed by these zoning regulations. 5. CHANGE OF USE OR OCCUPANCY OF BUILDING: Any change of use of occupancy of any building or buildings, including additions thereto, requiring more parking area shall not be permitted until there is furnished such additional parking spaces as required by these zoning regulations. 6. PUBLIC PARKING LOTS: In the event of a change of use or occupancy of land and/or buildings where such change shall cause the new use to be In violation of the minimum parking requirements of this section, the Planning Commission may recommend approval of a variance which would grant the use of public parking spaces in a sufficient number to bring the total number of parking spaces (public and private) into compliance with the minimum requirements of this section. For each public parking space required to comply with the minimum requirements of this section, an annual fee shall be paid to the City, said fee to be established on an annual basis by the City Administrator. Any variance request to utilize public parking space shall be reviewed in accordance with the provisions of Chapter 23 of this ordinance and shall require final approval of the City Council. 17 7 Q, 7. Off-street parking facilities accessory to o (� residential use may be utilized solely for the parking of licensed and operable passenger automobiles, I. more than one ( 1 ) truck not to (shod gross caDAGjLV of n ju thousand (J ODQL a` ounde, and recreational vehicle and equipment. 7 Un o no cirqumstancne shall required parking facilltios accessory to residential structures be WWd fnr t.ho gtogage of commercial vehicles or gn-Ipmenk -or for the parking automobiles belonging to the employees, owners, tenants, or customers of business or manufacturing establishments. 8. CALCULATING SPACE: (a) when determining the number of off-street parking spaces results in a fraction, each fraction of one-half (1/Z) or more shall constitute another space. MONTICELLO ZONING ORDINANCE 3/23 2. Except for single, two-family, and townhouse dwellings, head -in parking directly off of and adjacent to a public street with each stall having its own direct access to the public street shall be prohibited. 3. There shall be no off-street parking within fifteen (15) feet of any street surface. 4. The boulevard portion of the street right-of-way shall not be used for parking. 5. SETBACK AREA: Required accessory off-street parking shall not be provided in front yards or in side yards in the case of a corner lot in R-1, R-2, R-3, PZ, and B-1 districts. 6. In the case of single family, two-family, and townhouse dwellings, parking shall be prohibited In any portion of the front yard except designated driveways leading directly into a garage or one (1) open, surfaced space located on the side of a driveway away from the principal use. Said extra space shall be surfaced with concrete or bituminous material. (G) USE OF REQUIRED AREA: Required accessory off-street parking spaces in any district shall not be utilized for open storage, sale, or rental of goods, storage of inoperable vehicles as regulated by Chapter 3, Section 2 (M), of this ordinance, and/or storage of snow. [H) NUMBER OF SPACES REQUIRED: The following minimum number of off-street parking spaces shall be provided and maintained by ownership, easement, and/or lease for and during the life of the respective uses hereinafter set forth. 1. SINGLE FAMILY, TWO-FAMILY, AND TOWNHOUSE UNITS: Two (2) spaces per unit. 2. nOARDING HOUSE, FRATERNITY ROUSE, SORORITY HOUSES At lea: two (2) parking spaces for each Lhroe (3) persons for whom accommodations are provided for sleeping. 3. MULTIPLE FAMILY DWELLINGS: At least two (2) off- street parking spaces per unit with one (1) enclosed space per two (2) units. MONTICELLO ZONING ORDINANCE 3/2� ANALYSIS OF EACH ACTIVITY IN TERMS OF CITY ORDINANCE COIrMBVZALACTIVRYDESCfWnVDN Non -Cont Lawful Web Pormllted Aeewed Notes CONDUCT® IN A RESIDENTIAL ZONE un un definwon Hors Willow- UNDER THE PROPOSED ORDINANCE of tone Deeupatlon permit o cupidon I Owren JeWera NO VES VES NO YES One venk4 at a tUnenro more I Puppy Parer NO YES YES No VES One vshiCle at a timenro" a 1 Small engine rePW M PZM wne NO YES NOT APP NOT APP Needs Conditional use Permit to operate In PIM sone. I Oasway Fealvab NO YES VES No YES One venkta at a timelno ages I hare's aloe NO YES YES No VES Was awarded a CUP In and 80's 1 June Hairroing No YES YES 1#0 YES one ventdte at a tlmaMo alone I Sewing atbraTlorn NO YES YES No YES One venkb a a twwm signs I Zvodnka skate enarpsnuq NO YES YES NO YES One veMCts at a town signs 2 Clergyman NO YES YES YES NOTAPP 2 PW4Teacning NO YES YES YES NOTAPP 3 Lawn ornm d saW2 Canter CftM YES NO NO NO NO Exotusbe retail not allowed dl Loan Fum, qla M E Rlw St. YES NO No NO NO EWuWe retail not allowed s Wonlgen taw, Owpenlno NO YES-OrndAnr YES NO YES novae twine not memo -wwdw- rgna e Sonde tool making YES YES-OmdHnr NOT APP NOT APP NOT APP Tod nr a nd dlowed in ar saw a Elston Trucking YES YES-OmdRnr NOT APP NOT APP NOTAPP Truck parking to allowed in nal arra a Roo Trucking YES YES-OmdRnr NOT APP NOT APP NOTAPP Truck P" na allowed mar gnu S Comsmont NO YES NOT APP NOT APP NOTAPP Ord.Wob swap d aaaawrcW w rWwrlow S Oevwm MrviCas NO YE13 NOT APP NOT APP NOTAPP Ord.tkww amp d wnvaarow apWphalrrelaa 6 Rlwal" Olt NO YES NOT APP NOT APP NOTAPP Ord.&Wty alapa a ooraraatlrl apWphaldaaa S gay Caro botNW NO YES NOT APP NOT APP NOTAPP Amwed as prwlmd a in R mea DATE - JULY 31. 1962 Planning Commission Agenda - 8/4/92 Public Hearing --Consideration of a special home occupation permit request which would allow persons other than a resident to conduct a home occupation. The applicant is a tour operator for hiaht school music festivals. Applicant. Dave and Joan Thielman. (J.O.) A. REFERENCE AND BACKGROUND: This application is submitted in anticipation of Planning Commission and City Council approval of the associated zoning ordinance amendment. Under the provision in the zoning ordinance amendment allowing persons other than a resident to conduct a home occupation, the applicant must satisfactorily prove unusual or unique conditions or the need for non- resident assistance and that this exception would not compromise the intent of the regulations governing home occupations. I believe the Planning Commission is very familiar with the manner of operation proposed by the Thielmans; therefore, I will not describe the operation any further. Attached you will find an excerpt from a memo sent to the City Council which describes the operation in some detail. The City Council also heard from Thielman's current neighbors. A number of them testified that the Thielmans have been wonderful neighbors and have not operated their business in a manner that has caused them any concern. They were not even aware that Thielmans had an employee working in their home. The original proposal called for development of a rock drive area for employee parking apart from the regular parking that is in front of the garage. After closer scrutiny of the zoning ordinance, we found a provision within the ordinance that prohibits parking in the yard area. A copy of this section of the ordinance is attached for your review. The Planning Commission should review the proposed home occupation in terms of the special permit requirement, which states that "No person other than a resident shall conduct a home occupation except where the applicant can satisfactorily prove unusual or unique conditions or need for non-resident assistance and that this exception would not compromise the intent of this chapter." Planning Commission must determine if there are unusual or unique conditions involved with the operation of this home occupation that would not compromise the intent of this chapter. In addition, as with the requirements outlined In chapter 23 of the ordinance, Planning Commission needs to review the request in terms of the following criteria: Planning Commission Agenda - 8/4/92 I. Relationship to comprehensive plan. 2. The geographic area involved. 3. Whether such use will tend to or actually depreciate the area in which it is proposed. 4. The character of the surrounding area. 5. The demonstrated need for such use. B. ALTERNATIVE ACTIONS: 1. Notion to grant special home occupation permit which would allow a person other than the resident to operate the home occupation subject to the following conditions: 1. No more than one vehicle associated with the home occupation can be parked on site at any one time. 2. No fit -street parking is allowed. 3. All parking on site must meet the requirements of the city ordinance, which includes parking to be conducted on the driveway area only. No parking in the front yard. 4. No more than two employees will be allowed to work at the site at any given time. Mbwbl gPel&k Iryrf Under this alternative, Planning Commission finds that 00041 a the proposed home occupation is unique and allowing the vqpAftj� presence of employees at the site is consistent with the Intent of the ordinance. It is consistent with the • Gas Intent of the ordinance because the employees do not come 4e0&0 and go, and no client or retail traffic of any kind is generated by the home occupation activity; therefore, the home occupation is transparent to the neighborhood. Due to the fact the home occupation is transparent to the neighborhood, the activity will not result inL9 depreciation of adjoining properties, it is consistent with the character and geography of the area, it is consistent with the comprehensive plan, and tho need has been sufficiently demonstrated. `, Under this alternative, this request will be considered"^ by the City Council if the Council adopts the zoning ordinance amendment. 2. Notion to deny special home occupation request. Planning Commission should select this alternative if unique or unusual circumstances are not demonstrated, which would allow an employee to work on the site without Planning Commission Agenda -- 8/4/92 violating the intent of the ordinance. Similarly, if the Planning Comission finds that the transparency of the home occupation cannot be maintained if employees are allowed, then it should make a finding that the proposed home occupation should not be allowed because it would be operating in a manner that is not consistent with the character and geography of a residential area, the proposed use could result in a depreciation of adjoining property values, it is inconsistent with the comprehensive plan, and the need has not been sufficiently demonstrated. It could also be argued that despite the relative transparency of the operation, the operators, in hiring employees, are operating a business in a residence and are thereby avoiding paying commercial property tax. Planning Commission may view this as setting a negative precedent and this fact could be grounds for denial. C. STAFF RECOMMENDATION: Staff recommends that alternative #1 be selected. It is our view that the home occupation operating in the manner proposed will be transparent to the neighborhood and, therefore, comply with the intent of the ordinance. We also recommend that the home occupation be limited to one vehicle parked at the site at any one time in conjunction with the home occupation. We are concerned with the precedent that could be set if we allow more than two vehicles to be parked there at any one time. This would open the door to other home occupations having more than one vehicle parked at any one time. As you know, one of our methods for controlling retail traffic incidental to a home occupation is the limitation of one vehicle being parked at the site at any one time. By allowing two vehicles to be parked at the site in this case, it would set a precedent that might limit our ability to limit vehicle parking at other home occupations. In addition, allowing two home occupation related vehicles along with the automobiles associated with the residential use does add to the general congestion in the area and takes away from the residential character of the area. D. SUPPORTING DATAs Excerpts from the zoning ordinance regulating location of parking; Description of home occupation submitted by Thielmane. 2. Except for single, two-family, and townhouse dwellings, head -in parking directly off of and adjacent to a public street with each stall having its own direct access to the public street shall be prohibited. 3. There shall be no off-street parking within fifteen (15) feet of any street surface. 4. The boulevard portion of the street right-of-way shall not be used for parking. 5. SETBACK AREA: Required accessory off-street parking shall not be provided in front yards or in side yards in the case of a corner lot in R-1, R-2, PZ, and B-1 districts. 6. In the case of single family, two-family, and townhouse dwellings, parking shall be prohibited in any portion of the front yard except designated driveways leading directly into a garage or one (1) open, surfaced space located on the side of a driveway away from the principal use. Said extra space shall be surfaced with concrete or bituminous -- (G) USE OF REQUIRED AREA: Required accessory off-street parking spaces in any district shall not be utilized for open storage, sale, or rental of goods, storage of inoperable vehicles as regulated by Chapter 3, Section 2 (M), of this ordinance, and/or storage of snow. (H) NUMBER OF SPACES REQUIRED: The following minimum number of off-street parking spaces shall be provided and maintained by ownership, easement, and/or lease for and during the life of the respective uses hereinafter set forth. 1. SINGLE FAMILY, TWO-FAMILY, AND TOWNHOUSE UNITS: Two (2) spaces per unit. 2. BOARDING HOUSE, FRATERNITY HOUSE, SORORITY HOUSE: At least two (2) parking spaces for each three (3) persons for whom accommodations are provided for Bleeping. 3. MULTIPLE FAMILY DWELLINGS: At least two (2) off- street parking spaces per unit with one (1) enclosed apace per two (2) units. i MONTICELL0 ZONING OHUINANCE 3/29 that everything was going to be taken care of properly and there would be no reason for any problems. F. 1 went to the planning commission meeting last week. Here we met with opposition from a group of people living In the condominiums. 1 was shocked as 1 had no knowledge that anyone would be concerned about our horse business. I feel a lot of the misunderstanding that took place at that meeting could have been circumvented if some of these people had come to me with their concerns before the meeting. O. That brings us to tonight's meeting with the City Council. t III. Background of Gateway Festivals A. Gateway Festivals is a tour operator hanoUng music festival tours for high school, junior high school and college music groups. We have been operating for the past two years out of our present home at 1606 West River Street in Monticello. We were never aware of an ordinance violation during this time period. During this time period, we never received a single complaint from anyone in our neighborhood. Most of our neighbors didn't even realise there was a business in our home. 1. Present the petition signed by our present neighbors. B. We have never had a single client In our office. 100 % of our business Is transacted either by mail or by telephone. C. We have no vendors caping on our office since we are not a retail business. D. There has never been any on -street parking. E. We have no signage. F. We are a pre-existing business operating for two years from our home and never been a problem. We are quite confident that we will never be a problem In the future. 40, IV. Address the concerns brought out at the planning meeting A. Traffic 1. The only traffic generated by our business would be an employee driving up for work and leaving from work once during the day. That is the extent of our traffic. Virtually every other home business that 1 em aware of hes a higher traffic flow than Gateway Festivals. B. parking 1. The proposed rocked area adjacent to our concrete driveway seemed to be a problem for some of the pooplo in attendance at the planning Z, Planning Commission Agenda - 8/4/92 7. Public Hearing --Consideration of a conditional use rearrest to allow 13 or more dwelling units in 2 apartment buildings on an unolatted tract of land. Azmlicant. David Horniq. (J.O.) REFERENCE AND BACKGROUND: City staff has reviewed the site plan for the proposed development, which includes development of 15 3 -bedroom apartment units on 1.64 acres owned by David Hornig. ' The property is located directly across from Kmart on 7th Street. Included in the request for a conditional use permit is a request to draw a new boundary line between the parcel containing apartment units to the north and the property that will be the site of the new development. As you can see on the site plan, the subdivision will include transferring the area between the garage units at the existing apartment site to the new development area. The area transferred to the new site will become the location of a 7 -stall garage. Removal of this property from the existing site plan will not create a problem in achieving setback requirements or result in a loss of green area that would make the existing apartment complex out of compliance with the city ordinances. Parking and Drive Areas Access to the site will be provided via the access onto 7th Street. As you will note on the plan, the parking area with the new development will be connected to the existing development; however, a chain barrier gate will be installed to eliminate cut -through traffic between the two development areas. It has been proposed that the two drive and parking areas be connected so as to allow emergency vehicles to operate freely within the entire development area during an emergency. This would, of course, require that any emergency vehicles responding to the site would need to have a key to the barrier gate or would need to know where they can get immediate access to the key on site so as to allow for free movement of emergency vehicles within that area. The parking plan shows 8 garage stalls and 28 open stalls for a total of 36 parking stalls. The current ordinance would require a minimum of 30 parking stalls; therefore, the plan meets the parking requirement. Lot Area Per Unit According to the city ordinance, 19 3 -bedroom townhome units requires 70,000 sq ft of total area. The site area with this site plan is 71,434 eq ft; therefore, it complies with this requirement. Planning Commission Agenda - 8/4/92 Usable Open Space The ordinance requires that each multiple family dwelling site contain at least 500 sq ft of usable open space. This creates the need for a 7,500 sq ft area of usable open space. The site as proposed shows a green area of 39,304 sq ft. This area is made up of a tot lot, perimeter yard areas, and a relatively large open area on the eastern boundary of the property. The site, therefore, appears to comply with this requirement. Multiple Dwellinq Units --Minimum Floor Area The proposal complies with the minimum floor area per unit requirement. Parkinq and Driveway Desiqn City staff has reviewed the parking lot configuration and found that it meets the minimum requirements of the City. Landscaping The site plan at this time does not include a landscaping plan. Unfortunately, it was not prepared in time for the agenda but will be available at the meeting. If the Planning Commission desires to approve the conditional use permit at this time, it should be subject to the developer completing a landscaping plan that meets the City minimum requirements and additional requirements imposed by the Planning Commission in conjunction with conditional use permit review. Please note that due to the fact that this development is being located in a PZM area, which is a combination of commercial and residential uses, the Planning Commission does have the latitude of requiring additional landscaping to help mitigate conflict between residential and commercial uses. To the east of the site is property now developed, which is in a B-3 zone. Planning Commission may want to require additional landscape plantings on the eastern boundary of the property that could serve to mitigate the impact of a future commercial use next door. It is suggested that the site plan be modified by jogging the drive area slightly to the west, which would allow room for planting of evergreen trees every 15 ft along the property line. At some point in the future when the property to the east is developed, a companion row of staggered evergreens could be planted, thereby completing the screen. M Planning Commission Agenda - 8/4/92 It appears that the drive would need to be moved approximately 5 ft to 10 ft in order to accommodate a row of evergreen trees planted 15 ft apart. I'm not sure at this time if moving this drive area is possible. I will be discussing it in more detail with the developer between now and meeting time. Directly to the south of the site is the Kmart parking lot. As you can see, the entrance to the Kmart lot is lined up with the townhomes. Obviously, car lights will be a problem at night with vehicles leaving the Kmart parking lot. It will be difficult to screen the car lights unless evergreens are planted along the city boulevard. Currently, there is a row of hardwood Lroes planted along the 7th Street boulevard. It might make sense to require that the developer plant evergreens in between the hardwood trees or, at the option of the developer, perhaps the entire length of the boulevard could be planted with evergreens. This would require removal of the existing trees. Under this alternative, the evergreens could be spaced about 15 ft apart. Such a planting design would not completely eliminate the glare of headlights; however, it would serve to reduce the problem. Setbacks The site plan meets all of the setback requirements with one exception. The building located in the northwest corner of the property is set back approximately 20 ft from the property line. In order to achieve the proper setback, the site plan will need to be amended to show the building setback 30 ft from the rear property line. ALTERNATIVE ACTIONSs 1. Notion to approve the conditional use permit allowing construction of a multi -family development in a PEN zone based on the finding that the conditional use permit and associated site plan is consistent with the requirements of the zoning ordinance, it will not depreciate the area in which it is located, it is consistent with the comprehensive plan, and it Is consistent with the geography and character of the area. Notion to include approval of associated lot subdivision. Notion to approve the plan Is subject to: 1. development of a landscaping plan that is consistent with the requirements of the Planning Commission. 12 Planning Commission Agenda - 8/4/94 The grading and drainage plan must be approved by the City Engineer. The plan must be modified to eliminate the need for a variance to the setback requirements. Under this alternative, Planning Commission is satisfied with the information provided to them at this point with the plan as prepared and is willing to recommend approval and further review by the City Council. 2. Motion to deny or table approval of the request as proposed. As you may recall, three or four years ago the City was somewhat concerned about the fact that multi -family units were becoming a larger portion of the available housing stock in the community. There was some thought given to placing a moratorium on further development of multi- family housing units due to the fact that multi -family units were exceeding the threshold defined in the comprehensive plan as being acceptable. Planning Commission could take the view that this type of development, even though it is a market rate housing development, further contributes to the imbalance in housing stock available. STAFF RECOMMENDATIONI Staff recommends that Planning Commission either approve with conditions or table the matter pending completion of the landscaping plan. It is our view that the single family to multi -family ratio has improved in the last few years, and the need to place a moratorium on multifamily development has decreased. The land is properly zoned for R-3 development, therefore the City might not be able to legally deny the award of a conditional use permit. We are concerned, however, that vacancy rates continue to appear to be relatively high, and we are concerned that further development of multi -family housing will create some additional Increase in vacancy rates. On the other hand, the type of apartments that are being constructed are 3 -bedroom unite, which are unique in Monticello and will satisfy the housing needs of a certain segment of the population; therefore, perhaps development of only 15 units will not create a severe impact on the vacancy rates of existing apartments. 13 Planning Commission Agenda - 8/4/92 Unless the developer can demonstrate that he is on a very tight time frame, City staff recommends that Planning Commission review the site plan, make comments on proposed landscaping, and request that the developer finalize the plan and resubmit it to the Planning Commission for final recommendation at the next meeting. If the developer is on a tight time frame for construction this year, it may be reasonable to sketch in the required landscaping on the existing plan and request that the developer provide these updates to the City Council for review at an upcoming meeting. As a final note, the development as proposed would require the elimination of a tiny wetland on the site. It may seem ridiculous, but state law requires that this wetland be maintained or replaced somewhere off site. According to Kerry Sexton with the Wright County Soil Conservation District, in situations like this, some cities and counties are requiring that the developer pay a fee to the city, which the city will use in the future to create new wetlands or to buy wetlands that are otherwise exempt from the current restrictions. Sexton noted that the county may be buying exempt wetland areas specifically for the purpose of being able to "replace" non-exempt wetland areas lost to road construction. I have been told that there is a chance that Wright County cities may also be included in this program. I will be looking into this matter further. D. SUPPORTING DATAz Site plan. 14 ll MI.1M Mti a' Planning Commission Agenda - 8/4/92 8. Public Hearing --A request for an ordinance amendment to the PSM (performance sone mixed) zone to allow as a conditional use an automotive/light truck oil chane/lube facility. 8pylicant. Gerald Hoglund. (G.A.) AND 9. Public Hearin --A reauest for a conditional use permit allowing► operation o! an automotive/liaht truck oil change/lube facility in a PZM (performance zone mixed) zone. AAplicant. Gerald Hoalund. (G.A.) REFERENCE AND BACKGROUND: Nr. Hoglund is proposing to be allowed to construct, in a PZM (performance zone mixed) zone, a quick lube/oil change facility. These types of facilities are similar to what you see in other areas commonly known as Jiffy Lube. On the enclosed site plan, you will note the proposed location of the building meets the minimum building setback requirements. The enclosed landscaping requirements also are met or exceeded as shown. The minimum number of off-street parking spaces is also met as shown on the enclosed site plan. Also, enclosed you will find a list of the conditions which are attached to the request. These are basically the same conditions that were attached to the car wash request when the ordinance was amended for that. Additional conditions of concern are that this be the only use of this facility --for changing oil and lubricating of vehicles. It does ensure this not turn into a type of light auto repair: changing mufflers, exhaust systems, light tune-ups, etc. If Planning Commission members feel thio is good use for the property in its location in the PZM zone, they could consider amending the ordinance to allow it only as a conditional use in a PZM zone. Of course, allowing this type of facility in the PZM zone opens the door to the same type of facility in other PZM sones. The proposed building Itself will be of similar construction to the neighboring Riverroad Plaza/Carrash with the only difference being that it would have a shingled, pitched roof. S. ALTERNATIVE ACTIONS: 1. To approve the request for an ordinance amendment to the PZM (performance zone mixed) zone to allow as a conditional use an automotive/light truck oil change/lube facility. 15 Planning Commission Agenda - 8/4/92 2. To deny the request for an ordinance amendment to the PEN (performance zone mixed) zone to allow as a conditional use an automotive/light truck oil change/lube facility. C. ALTERNATIVE ACTIONS: 1. To approve the conditional use request to allow an automotive/ light truck oil change/lube facility in a PEN zone. 2. To deny the conditional use request to allow an automotive/light truck oil change/lube facility in a PEN zone. D. STAFF RECOMMENDATION: City staff recommends approval of the request to amend the ordinance to allow this type of use in a PEN zone. It is our view that this type of use, along with associated conditions, would be compatible with the land uses allowed in the PEN zone. Furthermore, it would appear that this type of use is of a similar nature to the car wash facility. Therefore, it would appear that the Planning Commission could support the amendment and conditional use permit request based on a finding that this type of use is consistent with the character of the specific area in which it is proposed, and it is compatible with the PEN uses in general. The conditions are very similar to the car wash conditions with additional conditions as to only allow oil change/vehicle lubrication at this facility. The definition section of the ordinance will also be addressed to recognize this type of use. E. SUPPORTING DATA: Proposed ordinance amendment request; Site plan for proposed request. 16 jstio b%g 1 ORDINANCE AMENDMENT ND G _ THE CIT COUNCIL OF MONDICEL,bMINNE801'A, DOSS ABBY ORDAIN THAT CHAFT9RIiW OF THE MONTICELIO BONING ORDINANCE BE NORD BY ADDING THE FOLLOWING DEFINITION AND INSERTING SECTION 2-M, AUTOMOBILE/ LIGHT TRUCK OIL CHANGE FACILITY. ASO i■THE .., . , . . i 111'S: (AN) AUTOMOBILE/LIGHT TRUCK OIL CHANGE FACILITY: This business provides service to automobiles and light trucks and equipment of 9,000 GVW or less. The service provided is limited to oil changing and lubrication only. 10-12: (N) Automobile/Light Truck 011 Change Facility activity provided that: 1. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. 2. The business use of the facility is for automobile/light truck oil changes and lubrication only. 3. At the boundaries of a residential district, a strip of not less than five (9) feet shall be landscaped and screened in compliance with Chapter 3, Section 2 (G), of this ordinance. 1. Each light standard island and all Islands In the parking lot shall be landscaped or covered. 9. Parking space shall be screened from view of abutting residential districts in compliance with Chapter 3, Section 2 (G), of this ordinance. 6. The entire area other than occupied by the buildings or plantings shall be surfaced with material which will control dust and drainage which is subject to the approval of the City Engineer. 7. The entire area shall have a drainage system which is subject to the approval of the City Engineer. Ordinance Amendment No. Page 2 S. All lighting shall be hooded and so directed that the light source is not visible from the public right-of-way or from an abutting residence and shall be in compliance with Chapter 3, Section 2 (H], of this ordinance. 9. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movement, and shall be subject to the approval of the City Engineer. 10. All signing and informational or visual communication devices shall be in compliance with Chapter 3, Section 9, of this ordinance. 11. Provisions are made to control and reduce noise. 12. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. 13. Automobile/light truck oil change facility shall have direct access to major thoroughfare via driveway or frontage road. 14. Intermittent sounds produced by automobile/ light truck oil change operation shall not be audible to users of adjoining PZN or residential properties. Adopted this 10th day of August, 1992. Mayor City Administrator H-9 lei t 'P1ANtIN4 xantwce tit-: aneetts� 5 ay, Amos Qup�Paq le sea tca aoep Cil.+firfowt..1' G' v i I I I 40 IGr14' DIT • 1 , i' l I 1 �.OWa OIL CHANGE - LUBE CEN'Tea - -- - - lar I, -O, t of I F,W[lE VAT loll Planning Commission Agenda - 8/4/92 10. Public Hearinq--A conditional use request to allow a sign system for a building to be considered as a shoppinq center or a shopDina mall. Applicant. Barry Fluth. (G.A.) A. REFERENCE AND BACKGROUND: Mr. Fluth will be before you with a request to allow a sign system for the entire Monticello Mall facility. Currently, the mall has exposures on two public right-of-ways, those being State Hwy 25 and west 7th Street. Total lineal footage of wall exposure on those two public right-of-ways is 619 lineal feet. This times the height of the building, which is 16 ft in height, will give you gross silhouette aq ft area for a sign system of 9904 square feet. Mr. Fluth would be allowed 5• of that area for signs which equals 495 eq feet. Mr. Fluth Is proposing that he will have 16 businesses within the Monticello Mall which will be utilizing some type of exterior signage. If the 495 sq ft is divided by 16 it would equal approximately 30 eq ft per sign space with no one tenant having more than 250 (or 124 sq ft) of the sign area. The sign system that Mr. Fluth is proposing is individual letters, a system that is similar to what is being used on the 6th Street Annex project. B. ALTERNATIVE ACTIONS: 1. To approve the conditional use request to allow a sign system for a building considered as a shopping center or a shopping mall. 2. To deny the conditional use request to allow a sign system for a building considered as a shopping center or a shopping mall. C. STAFF RECONMENDATIONt City staff recommends approval of the conditional use permit request. As shown on the enclosed site plan, Mr. Fluth has a significant amount of gross silhouette area as he is served by two public right-of-waye. with the proposed sign system as presented, 30 sq ft for each of the proposed 16 total tenants needing exterior signage should be more than ample to gain some type of exposure for their business located within the Monticello Mall. D. SUPPORTING DATA: Location of proposed request; Sign system for proposed request; Ordinance section relating to multi -business use buildinge/shopping centers. 17 A conditional use request to allow it sign system for u building to be considered as it shopping center or shopping mall. Ii `!,. APPLICANT: Barry Fluth V. - Nk 1. 7 ■■■MM■MMI■OMMEMM■■M■ ■MSE■■E■ ■■■O■■MEM■M■M■ A maximum of five percent (5t) of the gross area of the front silhouette shall apply to the principal building where the aggregate allowable sign area is equitably distributed among the several businesses. In the case of applying this conditional use permit to a building, the building may have one.(1) pylon or freestanding sign identifying the building which is in conformance with this ordinance. For purposes of determining the gross area of the silhouette of the principal building, the silhouette shall be defined as that area within the outline drawing of the principal building as viewed from the front lot line or from the related public street(s). (c) Signs for promoting and/or selling a development project: For the purpose of promoting or selling a development project of three (3) to twenty-five (25) acres, one sign not to exceed one hundred (100) square feet of advertising surface may be erected on the project sato. For projects of twenty-six (26) to fifty (50) acres, one or two signs not to exceed two hundred (200) aggregate square feet of advertising surface may be erected. For projects over fifty -ono (51) acres, one, two, or three signs not to exceed three hundred (300) aggregate square feet of advertising surface may be erected. No dimension shall exceed twenty-fivo (25) feet exclusive of supporting structures. Such signs shall not remain after ninoty-five (95) percent of the project Is developed. Such sign permits shall be reviewed and io -4A I. ..:y loll.,—y Olya ..--- - included in the total allowable area for signs. vii. Any sign that is shared by or is n combination of two or more tenants shall be considered as separate signs for square footage allowance and shall meet the requirements thereof. viii. All signs shall be consistent in design, material, shape, and method of illumination. T --th (b) In the case of a building where a are two (2) or more uses and which, by generally understood and accepted definitions, is considered to be a shopping center or shopping mall, a conditional use permit shall be granted to the entire building in accordance to an overall site plan indicating their size, "WW S5 location, and height of all signs presented to the Planning Commission. IASL A maximum of five percent (5t) of the gross area of the front silhouette shall apply to the principal building where the aggregate allowable sign area is equitably distributed among the several businesses. In the case of applying this conditional use permit to a building, the building may have one.(1) pylon or freestanding sign identifying the building which is in conformance with this ordinance. For purposes of determining the gross area of the silhouette of the principal building, the silhouette shall be defined as that area within the outline drawing of the principal building as viewed from the front lot line or from the related public street(s). (c) Signs for promoting and/or selling a development project: For the purpose of promoting or selling a development project of three (3) to twenty-five (25) acres, one sign not to exceed one hundred (100) square feet of advertising surface may be erected on the project sato. For projects of twenty-six (26) to fifty (50) acres, one or two signs not to exceed two hundred (200) aggregate square feet of advertising surface may be erected. For projects over fifty -ono (51) acres, one, two, or three signs not to exceed three hundred (300) aggregate square feet of advertising surface may be erected. No dimension shall exceed twenty-fivo (25) feet exclusive of supporting structures. Such signs shall not remain after ninoty-five (95) percent of the project Is developed. Such sign permits shall be reviewed and io Planning Commission Agenda - 8/4/91 11. Continued Public Hearing --A oreliminary plat request, entitled Silver Pox Commercial Subdivision. Eo subdivide an existinq 6.69 acre tract of unplatted land. Anplicant. Ed and Arlvs Larson. P.O.) UPDATE: Staff requests that this item be tabled pending additional conversations with the applicant and adjacent landowners regarding storm water issues. It is evident that there are limited alternatives for managing added storm water created with the development of the parcels. One of the better alternatives could Include utilizing a portion of an adjacent area for storm water ponding. In other words, more time is needed to coordinate development of the best plan for managing storm water. The preliminary plat request should be tabled until a storm water plan is prepared.