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Planning Commission Agenda Packet 12-02-1997AGENDA REGULAR MEETING - MONTICELLO PLANNING CObUdI ION Tuesday, December 2, 1897 - 7 pm. Members: Dick Frie, Richard Carlson, Dick Martie, Rod Dragsten, Jon Bogart 1. Call to order. 2. Approval of minutes of the regular meeting held November 4, 1997. 3. Consideration of adding items to the agenda. 4. Citizens comments. b. Public Hearing—Consideration of an amendment to the interim use permit allowing an industrial use as a second use on the same property as a public use. Applicant, Tim Bondhus. 6. Continued Public Hearing --Consideration of an amendment to the Monticello Comprehensive Plan which would remove or relocate the proposed I-94 overpass at Fallon Avenue. Applicant, Church of St. Henry's. (Jeff verbal report) e 7. Public Hearing --Consideration of a conditional use permit to allow a planned unit development conditional use permit (PUD/CUP) to allow the development of the hospital, nursing home, medium density residential, and parking lot campus under a planned unit development. Applicant, Monticello -Big Lake Hospital District. 8. Public Hearing --Consideration of variances from 1) required 30 -ft side yard setback for buffer yard required between institutional use and low density residential use; 2) required 5 -ft driveway and parking lot setback from property line. Applicant, Monticello -Big Lake Hospital District. 9. Public Hearing --Consideration of an amendment to the official zoning map of the city of Monticello to change the zoning district classification of a property located in the medium density residential (R-3) zoning district to light industrial (1.1) and publictsemi-public use (P -S). Applicant, City of Monticello. 10. Public Hearing --Consideration of a zoning ordinance amendment which would allow a trucking use and service garage in a B-3 zone, and considoration of a conditional use permit allowing a trucking company and service garage in a B-3 zone. Applicant, Danner Trucking. Agenda Monticello Planning Commission l� December 2, 1997 Page 2 11. Public Hearing --Consideration of an amendment of the official zoning map to change the zoning district classification of a property located in the light industrial (I-1) zoning district to highway business (&3). Applicant, City of Monticello. 12. Public Hearing --Consideration of an application for a conditional use permit to allow a governmental use and building within a highway business (B-3) zoning district. Applicant, City of Monticello. 13. National Guard update. mob. Drr�,,.ti•a� Pos..6h ?ccs„-,,....ao/ �, ., U.c,.�f 14. Adjournment. v,. 0 MINUTES `�► REGULAR MEETING - MONTICELLO PLANNING COMMMION Tuesday, November 4. 1987 - 8 p.m. Members Present: Dick Frie, Richard Carlson, Rod Dragsten, Jon Bogart, Dick Martie Staff Present: Jeff O'Neill, Steve Grittman, Fred Patch, John Simola, Bret Weiss, Wanda Kraemer �M-. iirTT.`.1Si Chairman Frie called the meeting to order and noted the presence of Mayor Fair. r • ., :,:r ROD DRAGSTEN MADE A MOTION TO APPROVE THE MINUTES WITH THE CORRECTIONS, SECONDED BY RICHARD CARLSON. Motion passed unanimously. 3. Vonaideration of addinga� n n i e a An update on the Planning Commission applications was requested. A request to call for a public hearing for rezoning. 4, ('iti��n COmmant5, There were no citizens comments. Steve Grittman reported that Americlnn has requested approval of a variance from the maximum 32-R height requirement applied to pylon signs which abut freeways. Americlnn is located cast of Highway 26 between I-94 and 7th Street. Specifically, the applicant's wish is to replace a previously - existing legal non -conforming pylon sign which was destroyed in this summer's storm. The replacement sign would measure 66 ft. in height and 200 sq R in area. The sign would differ from that which previously existed in that a Perkins and Taco Bell signs are not to be attached. Page 1 0 Planning Commission Minutes - 11/6/97 Bob Gruber, Scenic Signs, stated there were many signs that came down during the storm and were allowed to be reconstructed except this one. Jeff O Neill, Assistant Administrator, noted that the other signs had received variances previously whereas the AmericInn sign had not. Grittman replied that the design of this sign is being changed from the sign that was destroyed so the application is processed as a new request. Tom Knopik, regional manger for Perkins, stated he is not opposed to the variance as long as Perkins is granted a variance also because the new sign for AmericInn will block the Perkins sign. He stated Perkins has lost about 24% of their business since the sign has been down because a large majority of their business depends on freeway traffic. Dick Frie closed public hearing Dick Frie inquired where the city was in the permit process with Perkins. Fred Patch, Building Official, stated he has been working with Perkins and their sign would not need a variance. After discussion on how the allowed sign height was calculated (according to the elevation of the I.94 freeway ramp on Highway 26) it was decided AmericInn would not need a variance. ROD DRAGSTEN MADE A MOTION TO DENY, SECONDED BY DICK MARTIE, THE APPLICATION FOR A VARIANCE FROM THE CITY MAXIMUM 32 FOOT HEIGHT REQUIREMENT APPLIED TO PYLON SIGNS WHICH ABUT FREEWAYS BASED UPON THE FINDING THAT A VARIANCE IS NOT NEEDED. PuhlirHea mina- .o mid ration of an nrnPndmnnt to thp Mon imlle ('nmprehenmive Plan which would remove or relocate thn proposed I. oveepaaa nt Fallon Avenue. Apn i nn ' .h rch of St. H ryes. Steve Grittman, City Planner, reported the Church of St, Henry has applied to the City for a change in the comprehensive Plan and Transportation Plan. The proposed change would eliminate the I-94 overpass at Fallon Avenue, either removing it from the City's plans or relocating it to another location. The overpass is planned to cross 1.94, intersecting with the proposed Page 2 0 v Planning Commission Minutes - 11/5/97 extension of 7th Street adjacent to the Church's property. The Church has apparent concern with the visual impact of the overpass, as well as the slopes from the overpass intersection with 7th Street on their property. The Fallon Avenue overpass was designed to serve a number of transportation functions within the community. Seventh Street is an important connection through this area, allowing the development of industrial land east of the Church property and a parallel route for traffic currently using Broadway (CSAR 75). The City's Transportation plan lists the Fallon Avenue overpass as its top ranked project in the 2000-2110 time period. John Simola, Public Works Director, stated he was one of the first contacts for St. Henry's. At that time many options were reviewed and found to be impracticable. The current site was found to be the best option. Bret Weiss, City Engineer, added the current plan has been in the works since 1989. The City met with the St Henry's building committee in February and the bridge was discussed. The minutes from the meeting were written and distributed by St. Henry's architect confirming this issue. Chairman Frie opened the public hearing. Steve Conroy, member of St. Henry's, gave a brief history of the growth in the church that led to purchasing the land. Conroy stated the nature of the area has changed and it should be looked at again. There would be about 1/3 of the land owned by the church that would be unusable. Pat McGuire, architect for St. Henry's, showed examples of alternative designs for the bridge crossing and connecting streets. Weiss explained that the bridge was detrimental to the 7th Street crossing design. Weiss added if the engineers for St. Henry's have found something that was missed we would be willing to meet and discuss any new ideas however, any changes would require MNDOT approval. OWeill added one of the major functions of 7th Street is to route a portion of the traffic off of Broadway, traffic from East 39 will be routed on 7th Street to Highway 25 instead of the current Broadway or County Road 75. This is an important part of the MCP plan. Father Maus, priest for St. Henry's, the church has about 1400 families, 1100 children in religious programs, and growing each year by 80 to 100 families. 7 s Page 3 Planning Commission Minutes - I V5/97 St. Henry's is going to be a large portion of the city for a long time. The church does many good things in the community. Chairman Frie closed the public hearing. Richard Carlson stated the City does need to work with the church but the bridge has been on the books for a long time. I do not have any specific on the elevations. Jon Bogart replied the Fallon Overpass has been in the Transpiration Plan for a long time. He wanted the item tabled to allow staff and St. Henry's to meet and discuss the options in more detail. Dick Frie asked the applicant if the land was purchased on contingency and if the church knew of the overpass. Conroy answered that the land was not purchased on contingency and the church did know about the bridge but did not anticipate the amount of impact to the property. JON BOGART MADE A MOTION TO TABLE, SECONDED BY RICHARD CARLSON, THE CONSIDERATION OF AMENDMENTS TO THE CITY OF MONTICELLO TRANSPORTATION PLAN AND THE COMPREHENSIVE PLAN FOR REMOVAL OR RELOCATION OF THE FALLON AVENUE/1-94 OVERPASS PROJECT FOR THE FOLLOWING REASONS: FIRST -TO ALLOW THE CHURCH AND CITY STAFF TIME TO WORK OUT THE DIFFERENCES; SECONDED -REVIEW THE IMPORTANCE OF THE 7TH STREET CONNECTION IN REGARDS TO BROADWAY; THIRD -REVIEW THE EFFECTS OF THE 118 INTERCHANGE. Motion passed unanimously. Stovo Grittman, City Planner, reported the City Council has recently approved the adoption of the MCP, Monticello Community Partners, Plan as an amendment to the City's Comprehensive Plan. This report provides a conceptual outline of a proposed zoning district which would be designed to implement the MCP Plan. In addition, we have developed ordinance text language for a new zoning district. Rather than attempt to adjust one of the City's current zoning districts, we would propose to create a new district Page 4 0 Planning Commission Minutes - 11/5/97 which is specifically tailored to the unique aspects of Monticello's downtown and the goals and objectives of the downtown plant. We have entitled this district the Central Community District. This title was chosen because it is expected that the district will include more than just business that the common title "Central Business District" would infer. Grittman added the city MCP would like to see a more flexibility sign ordinance for this area. Chairman Frie opened the public hearing. Rita Ulrich, MCP Director, stated that MCP would like to see a design advisory committee formed, with a representative from each MCP, business, city, and planning commission. This group would attend intensive training on the guild lines for the downtown development. Ulrich added that she would like to see more flexibility in the sign ordinances in this district and would be willing to work with city stats' on that issue. Chairman Frie closed the public hearing. Steve Grittman stated that there will need to be a process developed. If an advisory committee reviews the project for visual aesthetics then their t recommendation would be forwarded to the zoning administrator, who would then bring the project to the Planning Commission. Charlie Pfeffer, developer, replied whatever is decided upon the process needs to be user friendly and work economically. Every layer that is added is expensive and complicates the project. After a short discussion, DICK FRIE MADE A MOTION TO APPROVE, SECONDED BY DICK MARTIE, THE PROPOSED ZONING ORDINANCE AMENDMENT AS PRESENTED, CREATING A "CCD' CENTRAL COMMUNITY DISTRICT, AS A LAND USE DISTRICT 1N THE MONTICELLO ZONING ORDINANCE. Motion passed unanimously. The motion was based on the finding that the amendment would implement the goals and objectives of the Comprehensive Plan. 8, Diaminginn of rnR f nng o inanra amening'h'tie (` w11ar A-Sert�'�-2 fE1. Fred Patch, Chief Building Official, stated the existing fence ordinance is Page 6 Planning Commission Minutes - 11/6197 confusing and has created undesirable land use conditions. In addition, the current fence ordinance does not address community aesthetic concerns such as barbed wire installations and exposed structural components. Patch explained specific undesirable effects of the current ordinance and how the proposed amendments will address each of the concerns and prove for safer and more aesthetically pleasing fence installations. JON BOGART MADE A MOTION TO CALL FOR A PUBLIC HEARING AT THE DECEMBER 2,1997 MEETING OF THE PLANNING COMMISSION IN CONSIDERATION OF AMENDING THE CURRENT FENCE ORDINANCE. SECONDED BY DICK MARTIE. Motion passed unanimously. 9. 17pdnte on Bride_e_yiew Jeff O'Neill, Assistant Administrator, reported that the Planning Commission is being asked to consider recommending adoption of a resolution supporting cooperation between jurisdictions in the development of the Bridgeview Plat. The resolution outlines reasons supporting preservation of unique natural areas and outlines measures that the City would take to assist preservation. A joint meeting between the developers, town boards, county and state agencies is scheduled for 1997, 7 p.m., at the River Inn. The Commissioners discussed the resolution and after discussion decided to attend the joint meeting but to not make a motion until after the joint meeting. 10. Up"te on Nn .o of . +nrv11 ,ofrimunity Center. Jeff O'Neill, Aseistant Administrator, reported to the Commissioners that Anthony Kell Architects, AKA, was chosen by the task force to design the National Guard/Community Center. A letter of intent had been received by the National Guard. The next phase will involve collecting and distributing complete information to the public. 11. Added Items A. Jeff O'Neill reported that there were 6 applications at this time for the Jon Bogart's place on the commission; however, the applications can still be received. The interviews will be scheduled before the Page 6 Planning Commission Minutes - 11/5/97 December meeting. B. Jeff ONeill, Assistant Administrator, noted that the Klucas property is being marketed at this time and according to the 1997 work plan, the Planning Commission is suppose to address the zoning of this property. ONeill suggested that the Planning Commission address this topic so the seller will have the zoning designation prior to marking efforts. JON BOGART MADE A MOTION TO CALL FOR A PUBLIC HEARING TO CONSIDER REZONING THE PROPERTY OWNED BY EDGAR KLUCAS WHICH IS CURRENTLY R3, SECONDED BY DICK MARTIE. Motion passed unanimously. 12. Adjoum• RICHARD CARLSON MADE A MOTION TO ADJOURN THE MEETING, SECONDED BY DICK MARTIE. Motion passed unanimously. Wanda Kraemer Development Services Technician C Pegs 7 0 Planning Commission Agenda -1?l P Public Heartna: Consideration of an application by Tom Bondhus on behalf of the Illlordicello School District for an Interim use permit amendment to allow mixed occuppnev of an attemadve teaming center located at 1248 Oakwood Drive East (NAC) Mr. Tom Bondhus, on behalf of the Monticello School District, has requested an amendment to a previously issued interim use permit which allowed a public school use to occupy an existing building within an 1-1 Zoning District. Presently, the School District fully occupies a 4,800 square foot building located at 1248 Oakwood Drive East (between the H -Window building and Simonson Lumber). The School District utilizes the space to offer alternative school programs for students identified by the district as needing individualized treatment Since receiving the original interim use permit approval this past Summer, the Sdhod District has determined that it is not in need of the total 4,800 square feet of floor area available in the building. As a result, the School District is proposing to occupy only the upper level of the structure thereby allowing a 'second' use on the lower level. Based on historical use, the applicant estimates a maximum off-street panting need of four spaces. Of the total 19 spaces provided, six are to be reserved for School District use. Utilizing an off-street parking standard of arra space for each 200 square feet of Floor area, it is anticipated that 12 spaces would be required of the future lower level use. With a supply of 13 spaces, off-street parking demands are expected to be satisfied. To ensure that no adverse effects result from the proposed mixed occupancy, all applicable building code requirements should be satisfied as a condition of interim use permit approval. Additionally, all conditions of the original interim use permit approval should remain applicable (conditions 1-6 on attached Exhibit B). Issuance of an interim use permit amendment to the Monticello Sdml District to allow mixed occupancy of an alternative learning center located at 1248 Oakwood Drive East. Alternative 1 Approve the interim use permit amendment, with the conditions as listed on the attached Exhibit 8 based upon a finding that the proposed use will not Interfere with the Citys long range objectives of encouraging industrial development in the area (due to the PWmdng Commfssion Agenda-12MAIT temporary nature of the permit, and the minimal alterations to the prop"). Altemative 2 Deny the interim use permit based upon a finding that the use would interfere with the City's long range industrial development goals. Staff believes that the proposed mixed arrangement should be acceptable on a short term basis. Due to the City's interest in industrial development, however, long tern school use, or changes to the property which could tend to deter future industrial reuse, would not be compatible with the City's Comprehensive Plan. Therefore, staff would recommend approval only upon conditions which include a short range termination date, a limitation on remodeling improvements to the building (with an emphasis on temporary or modular improvements), and parking supply which is increased to meet demand as use dictates. Exhibit A - Site Plan Exhibit B - Proposed Conditions to Interim Use Permit (97-31.M C' Proposed Conditions to Interim Use Permit 1. The interim use permit will terminate on 31 August 1998. Extension of the use of the subject property for public school purposes beyond the termination date may only be granted through re-application to the City. 2. fhe District agrees to stripe the existing parking lot in a way which maximizes the paved area for efficient perking supply and circulation. 3. The District agrees to expand parking areas at the direction of the City. The City will direct expanded parking based on the Citys observation of parking demand which causes the use of on -street parking at any time. 4. The use of the subject property will be for alternative classroom use during normal school hours only, and not for any other use. 5. The District may occupy the building during remodeling only at the direction, and under conditions identified by, the Building Offidal, 6. The District shall make every effort to avoid permanent changes to the building which, in the opinion of the Building Official, would not be characteristic of an industrial use. 7. Thirteen of the total 19 off-street perking stalls are reserved for use by the building's lower level building occupant. S. All applicable Building Code requirements are satisfactorily met. EXHIBIT B S-2 Planning Commission Agenda - 12W7 :I r. ,-,r �, ; :, -7 , The Assistant Administrator will give a verbal report on this item. Planning Commission Agenda • 121OV97 4-514'. alf_ • 1 -.-1 i:uu1 1•: i.auu�,c 1 l 1.a • . u:= 1 11=:\ :M =:!. 11!..!1!:!1 • F1111.1.1 .l!•. '1.. Il•111 _ 1 ' II •J .[.1 1!11!.1 1 •1= • 111=:!1 7. A REFERENCE AND BACKGROUND: The Monticello -Big lake Community Hospital District is proposing a major expansion of their facilities on Hart Boulevard in Monticello. Nearly all aspects of the site would see some level of expansion, to be phased in over time. The first step in reviewing a PUD is to consider to the entire site concept plan. The concept review is designed to alert the applicant to issues which may affect the general layout of the project, including zoning issues affecting adjacent lands. This PUD project lies within the PZM zoning district which allows mixed uses, including the hospital, clinic, nursing home, and the senior housing. As a result, the majority of issues raised by this project will be impacts on adjoining properties, streets, and utilities. PUD . A Planned Unit Development is being utilized to accommodate the mix of uses and buildings on the site. PUD is intended to promote corrdinated design which would not be possible through strict application of Zoning Ordinance standards. PUD implies flexibility on the part of the City, in exchange for superior projed design and site management on the part of the applicarri. This process eliminates the need for intemal site variances, but the impacts on adjacent property are held to Ordinance standards, at minimum. The proposed project would allow for expansion of nearly all facets of the subject site, including emergency services, outpatient hospital services, the adjaoerd clinic, and the Mississippi Shores senior houstng facility. The project as illustrated on the concept plan would be phased In over a number ofyears, ultimately resulting in an expanded off-site parking supply of approximately 767 spaces, up from a current count of 297 spaces. Many of these new spaces would be contained in a three level parking structure at the west boundary of the project. The existing ambulance garage and clinic building would be replaced by the parking deck. Several more parking spaces would be located in what is now the Hart Boulevard right-of- way. The project plans illustrate a dosing of Hart Boulevard from the east part of the new parking area. Access to the proposed project is designed to be provided from County Highway 75 at a primary divided entrancelexit directly in front of the hospital main entrance. Secondary access is shown below the hill at the exiting access to River Street. No other access to the Planning Commission Agenda -12102/97 project is proposed under this arrangement. The most significant changes to site usage, other than general expansion of the uses, are to emergency access. One of these is a concentration of emergency vehicle access and storage to a location just east of the primary entrance. With the removal of the existing garage, this area will now accommodate all emergency vehicle needs. The second change is a proposed relocation of the helipad to a site adjacent to the main driveway from CSAH 75. Currently, helicopter landings/takeoffs occur on the school side of the County Highway are patients are then transported between the helipad and the hospital by ambulance. Proiect Issues. One of the primary issues raised by the proposal is access, both for the hospital complex itself, and access impacts on nearby properties. Staff has noted a concern to retain at least two available access points to the facilities. This is due both to the emergency needs of the facility, as well as the significant levels of traffic generated by the project. As noted above, the plans propose a primary access to CSAH 75, and a secondary access to River Street. These areas are connected by a relatively steep driveway (6%+) which provides exterior access to each of the three independent decks of the parking structure. Hart Boulevard. The vacation of Hart Boulevard In central to the design of this plan. The area of vacation is proposed to be expanded from previous discussions. Under this plan, Hart Boulevard would be returned to private ownership from its connections with CSAR 75 on the west to the easterly property line of the Mississippi Shores facility. Much of this rightofAvay would be converted to parking area for the hospital and clinic, and the planned connection to CSAH 75 near the clinic entrance would be abandoned. The dosing of Hart Boulevard raises a critical issue for the City's operation of the Wastewater Treatment Plant (WV1frP) now under construction east of the hospital. As previously planned, trucks hauling sludge from the WWTP would have turned west onto Hart Boulevard, then connected to County 75 via the planned intersection in front of the clinic building. The trucks will haul sludge to a location west of the City limits. With access to County 75 cut off as now proposed, the sludge trucks would need to find a new route. Staff has discussed options for the VWVTP sludge removal if the hospital's plan proceeds. At this time, the most likely solution would be to construct additional frontage road on the south side of CSAH 75, connecting with the road which serves the Total Mart area, and intersecting with County 75 at a point which would also serve as the location for a new 71h Street intersection (See Map, Exhibit A). This frontage road connection would not be required but for the closing of City street access via Hari Boulevard. Staff has discussed a recommendation that the Hospital District participate in the costs of constructing this alternative access to the WWrP necessitated by the new plan. A parking lot access/ egress to Hart Boulevard would be desirable to facilitate the dispersion of traffic. planning Corn-i«ion Agenda -12/02/9% River Street The design of the project retains access to River Street from the area below the hill. In addition to access to the nursing home area, the lower level of the parking structure would be located in that location. The proposed design would shift a percentage of the hospital traffic from Hart Boulevard/CSAH 75 to River Street. At issue would be whether the proposal would increase traffic to a level which is inappropriate for residential areas. Current traffic counts from the hospital site onto River Street range from approximately 250 to 450 vehicles per day. Closing access to River Street would raise the issue of maintaining at least two access points for the substantially increased trafha expected over the life of the project, as well as a concern over the steep grade on the driveway connecting the upper and lower levels of the project During winter weather, it is unlikely that traffic exiting the parking ramp at the bottom level would be able to climb the hill to CSAH 75. One possible solution would be to revise the ramp design to provide for internal circulation between levels. Such a design would both reduce grades, and weather -protect the ramped driveway. With such a design, all access and egress to the ramp could be controlled at the top level. To minimize the congestion at the main driveway entrance, a rigMout egress driveway onto CSAH 75 from the ramp area could be included in the project. Nursing home traffic currently using River Street could continue to use the existing access with negligible effects on the neighborhood. County State Aid Highway 75. Access to CSAH 75 from the main hospital entrance would require coordination with the School District due to the proposed channelization of the County Highway. New medians would effectively dose left tum access to other driveway points between Washington Street and the new intersection at the Hospital entrance. The School District has indicated that with the transition of the property to a Middle Sdmd, the new intersection location would serve them adequately. The City and County have been discussing signal loft at Washington and the new 7517th Street intersection. The hospital has requested consideration of a signal at the new hospital/school driveway intersection as well. A study of the required signal warrants would have to be conducted before the County would consider this request. Also of concern at this location is the proposed hellpad adjacent to the main driveway. This location could cause significant congestion, particularly at shift changes, as several vehicles are attempting to leave or enter the site at once while helicopter activities are underway. A location on top of the parking structure or a portion of the main hospital building itself would be safer and more appropriate. BLdAdino MassinQdVeighborhood Comnatibifity. The majority of the project expansion will occiff in areas which have no immediate neighbors. The primary exception to this is the location of the parking structure and Bs proximity to the residential neighborhood along -7 River Street to the west. The parking structure would encroach into both the bufferyard � setback on the west, and the River Street rightof-way setback on the north. Since River Plaaaing Commission Agenda -12/02/97 Street is not constructed along the hospital property, the bufferyard encroachment raises the greater concern. The proposed separation between the parking structure and the property line is twenty feet. The Zoning Ordinance bufferyard regulations would require a minimum of thirty feet, with a twenty foot wide landscaped yard. There would not appear to be the normal hardship criteria justifying a variance from this standard. If the City is inclined to consider the encroachment under the PUD, it would be possible to require an enhanced architectural treatment to the parking structure facing to mitigate the otherwise imposing size (both height and mass) of the structure. Such a treatment may hdude variations in the facade of the structure and screening of the views into the structure. Although the structure's encroachment toward River Street is to an unconstructed street, a variance would be required to allow the northerly extension of the building to within twenty feet of the rightcf-way as proposed. As with the bufferyard, there would not appear to be any hardship criteria supporting a variance to this setback A possible solution would be to consider a vacation of River Street, since there does not appear to be any long-term intention to construct it. It has caused concern over limitations to hospital construction in the past, including both building and parting areas. The City could retain any easements necessary to protect its interest in utility installations, drainage, or pathway connections, but the full right-of-way does not seem necessary. If the City is not favorable toward a vacation of River Street, the parking structure should be moved to meet the normal thirty foot setback Other Issues. Two final issues are raised by the plans proposed by the hospital district. One involves the consideration for a variance from the required setback for driveways from the property line, and the second involves existing utilities and encroachment on City easements. With regard to the driveway setback issue, the proposed plan illustrates a driveway connection for the top level of the parting structure which encroaches into the CSAH 75 right-of-way. This encroachment does not appear to be a major problem from the Citys standpoint, although only the County can issue the authority to build the project as proposed. If the County approves of this encroachment, the City could approve a variance for the setback encroachment as well. Perhaps a better solution would be to create a right -out egress driveway at this point, as suggested above. This solution would avoid the variance Issue altogether, and Improve circulation at the same time. With regard to the easement encroachments, Engineering and Public Works staff have expressed concern that the encroachments would negatively Impact the City's ability to maintain the utilities in place. The encroachment on the storm sewer easement is possible, but would require a significant investment in protecting the pipe, and preserving the City's access to the facility. The proposed encroachment on the utilities at the west side of the hospital building would require either a redesign of the site plan to avoid encroachment, or a relocation of the utility as a part of that phase of the hospital project. 0 Planning Commission Agenda -12/02/97 ;Summa The project concept appears to be generally acceptable, with a few modifications, some of which are signirwAnt. These modifications are summarized as follows: 4, 1. Revise the plan to preserve the proposed City street access from Hart Boulevard to CSAR 75 near the dinic entrance, or in the alternative, provide for egress from the WWTP similar to that shown in the map, Exhibit A. This would include a terminus to Hart Boulevard, and project parking lot access from that City street 2. Maintain the existing nursing home access to River Street, but redesign the parking structure to provide for top-level access and weather -protected ramping. 3. Provide for a right -out egress onto CSAH 75 near the ramp's upper level driveway at the west edge of the project. 4. Relocate the west building line of the parking structure to meet the thirty foot bufferyard, or in the alternative, provide for enhanced landscaping and buldling architecture to mitigate the encroachment on the adjacent residential property. 5. Provide for a helipad location on on top of the peAcing structure or the main hospital building. 6. Redesign the west side of the main hospital expansion area to avoid the utility easemerrta, or provide plans acceptable to the City illustrating the relocation of the easement and utility lines in place. 7. Provide design detail to City Engineering and Public Works staff illustrating the protection of the Cttys stone sewer near the clinic expansion. S. Consider vacation of the River Street rVdof-way to avoid setback encroachments, both existing and proposed, contingent upon retention of City easments. Decision 1. PUD Concept Plan 1, Motion to approve the application for a PUD Concept Plan with the comments listed in Exhibit X, based upon the Mdings that the application would comply with the City's Compraa*re Plan anticipating longderm provision for the hospital site, and the Cltys Transportation Plan objectives in accommodating the use of CSAH 75 In this area. Planning Co•* m;ssion ABS& .12102/97 u 2. Motion to table the application for a PUD Concept Plan to permit further City review and refinement of the proposed plans. 3. Motion to deny the application for a PUD Concpst Plan based upon the findngs that the application is contrary to the best interests of the City's land use regulation in the River Street!Hart Boulevar/CSAH 75 area. Decision 2. Vacation of Hart Boulevard 1. Motion to approve the vacation of Hart Boulevard as proposed by the Hospital District 2. Motion to table action on the Hart Boulevard vacation, pending Final Stage PUD consideration. 3. Motion to deny the Hart Boulevard vacation. Decision S. Variance to Bufferyard 1. Motion to approve the variance from the bufferyard standards for the perking strucutre on the west side of the project, based upon a finding that the steps proposed to mitigate the encroachment would result in a better project design, contingent upon the conditions listed in Exhibit Y. 2. Motion to table action on the bufferyard variance, pending Final Stage PUD consideration. 3. Motion to deny the variance request from the bufferyard standards, based upon a finding that there is no hardship present justifying the variance. Decision 4. Variance to perking lot/driveway setback 1. Motion to approve ft variance from the 5 foot setback for parking lots, based upon a finding that the use of the site is unique, and that accommodation of the parking stnxxure is necessary to allow for reasonable use of the site, contingent upon the County's grant of the use of the CSAH 75 right-of-way in that location. 2. Motion to table action on the parting lot setback variance, pending Final Stage PUD consideration. 3. Motion to deny the variance request from the perking setback standards, based ? upon a finding that there is no hardship present, and that an alternative design, such as a right -out egress to CSAR 75, would offer an acceptable layout without 9 Planning Commission Agenda • 12102/97 need for a variance. Staff recommends approval of the Concept Stage Planned Unit Development, contingent on the comments provided in this report, and as summarized in the attached Exhibit X The design changes mentioned in the report will two the projed avoid problems for V ITP function, preserve primary and secondary access for emergency vehicles, allow for improved helicopter ambulance services, limit traffic on River Street to an approximate level which is aarently :, ,, ' .: J, improve function of the parking deck (including both internal circulation and egress from the site), and improve the compatibility between the residential neighborhood and the large perking structure. With regard to the variances, we would recommend tabling formal action at this time, pending approval of the final stage of the PUD. If the City wishes to take action prior to that time, we would.commend that the variance to the bufferyard could be approved, subjed to Planning Commission review and approval of the plans and elevations, but that the parking setback variance be denied. sinoe a redesign of the circulation would elimiriate the need for this variance. For Hart Boulevard, tabling action on the vacation would be appropriate, pending a Final Stage PUD approval and a final project design. For Development Stage (and Final Stage) PUD approvals, the applicant should submit the following documentation: Final Site Plan and Phasing Plan Final Grading Plan Final Utility Plan Final detailed Landscaping Plan Building Elevations of each expansion area Application letter, explaining compliance with the Concept Stage PUD approvals, or detailed explanation of any inability to comply. Exhibit A - Area Location Exhibit B - She Plan Exhibit C - Phasing Plan Exhibit D - Site Survey Exhibit E - Concept LandscapinglGrading Exhibit F - Concept Utilities Exhibit X - PUD Concept Stege Conditions Exhibit Y - Bufferyard Variance Conditions vd-ICS SkveeN" 75 b ljvA3' poss,b%e 44 Nvea Lo BIO LAKE GUMMY MONTICELLO HOSPRAI _ ;;.,' .•v„�.. �,ti..l. BIG LAKE COMMUNITY d�.��•. ;. "� - _`1 HOSPITAL DISTRICT � _ �• w - qw rwncn "F /,� / ,_ -tib;, 17 �� .�� '\ •.�, \ .i' "Oen 5 1. y •. �•p`a�. •// .�.» � . i ruiworieuZmT-� \jJkl- - -- - _. _ _ _ _ fps , � � �. t�.w \' ••�.. i • PgklJrlAp� PLD. ^* SITE PLAN w® AMAt u iuu.icu_ owa (h 'I =-_.- •- .• \ . \ SITEPLAN A*% Planning Commission Agenda - IVW97 1. Revise the plan to preserve the proposed City street access from Hart Boulevard to CSAR 75 near the clinic entrance, or in the alternative, provide for egress from the WWTP similar to that shown in the map, Exhibit A This would include a terminus to Hart Boulevard, and project parking lot access from that City street. 2. Maintain the existing nursing home access to River Street, but redesign the parking structure to provide for top-level access and weather -protected ramping. - 3. Provide for a right -out egress onto CSAH 75 new the ramp's upper level driveway at the west edge of the project. 4. Relocate the west building line of the parking structure to meet the thirty foot bufferyard, or in the aftemative, provide for enhanced landscaping and buidling architecture to mitigate the encroachment on the adjacent residential property. 5. Provide for a heUW location on on top of the parking structure or the main hospital building. 6. Redesign the west side of the main hospital expansion area to avoid the utility easements, or provide plans acceptable to the City illustrating the relocation of the easement and utility lines in place. 7. Provide design detail to City Engineering and Public Works staff illustrating the protection of the City'e storm sewer new the clinic expansion. S. Consider vacation of the Rim street right-of-way to avoid setback encroachments, both existing and proposed, contingent upon retention of city easments. C Exhibit X - Concept PUD Conditions C Planning Commission Agenda-1LOL97 Increase landscaping in the remaining bufferyard per a revised landscape plan to be approved by the Planning Commission and City Council at Final Stage PUD. Treat the exterior of the pa" structure with materials which decease visual Impact on the neighborhood, per an elevation drawing of the strucriae to be approved by the Planning Commission and City Council at Final Stage PUD. Saeen the view of vehicles in the str= tre from neighboring properties, per a plan to be approved by the Planning Commission and City Council at Final Stage PUD. Exhibit Y - Bufferyard Variance Conditions ?/4?,W 91 Planning Commission Agenda -12/02/97 . ! = 1 1 ! .'11 = •.1=1 f 1' '.1 '1 17 ! ' 1 117 1 ! 11.= 1 ! 4' ! 1 = 1\ - 1-r1 1 ! 1-. -ll 1 • !1 ' l•t!. 11 11• II 1111 = 1 ! •l. II 1.:1 ► The Mucas property along West River Street consists of approximately 20 acres, and is zoned R-3, Multiple Family Residential. Since its annexation into the City several years ago, the site has contained an automobile junk yard, a legal non- onfonning use. The property is adjacent to an R-2 zoned neighborhood to the east, comprised of single family homes, and a few undeveloped lots. To the west is an industrial supply company and the 'At -Mon' building, both zoned 1-2, Heavy Industrial. To the north across West River Street is the NSP Training Facility and the NSP athletic fields, also zoned 1-2. At issue is whether the R-3 zoning designation is the most appropriate _land use for the site, and if not, what zoning designation should be assigned to the parcel. Discussions among staff have included lower density residential, public/semi-public, and industrial. A brief summary of each follows: R-1, Single Family. This designation would constitute a significant change in proposed land use, and would be less dense than the adjoining residential neighborhood. Due to the location of the freeway adjacent to this site, it is questionable whether a quality single family neighborhood would result. Considering that one of the City's Comprehensive Plarming goats related to housing was to look for opportunities to encourage higher value housing, this zoning designation would seem to be inconsistent with that goal. R-2, Medium Density Residential. This designation is the same as the adjacent neighborhood, and would accommodate single family, twin homes, and townhouses. Townhouses would create somewhat of a land use transition between the residential zoning and the industrial. However, the noise concerns from the freeway would still be present, and would likely tend to hold down values. R-3, Multiple Family Residential. This Is the current designation. The same concerns applicable to other residential districts would apply here. Moreover, the City has stated in Its Downtown Revitalization Plan that a concentration of the higher density residential would be best located in the central area rather than the edges of the community. Although R-3 would appear to be a logical transition on the zoning map, this site may be poorly suited to residential development. Planning Commission Agenda-1VOV97 One thought given to the use of this site was an open space designation to provide local park facilities to the nearby neighborhoods. However, the size of the site exceeds any neighborhood park needs, and the NSP Athletic Fields are nearby. Montissippi County Park already provides large, passive park spaces to the northeast of the site. The primary public use of this area could be to facilitate pathway access from the adjacent neighborhoods to the NSP Fields. As noted above, the zoning to the west and to the north is 1-2, Heavy Industrial. The rezoning of the subject site to an industrial classification could be considered as being compatible with the current and future land uses in the area. An industrial designation would take better advantage of the freeway exposure, and not be damaged by the noise issues. The primary issue would be managing the buffer between the existing residential neighborhood and the new industrial zone. The City's bufferyard ordinance has been established to accomplish that objective. In this area, the bufferyard separation could possibly be used for the pathway connection mentioned previously. @. ALTERNATIVE ACTIONS 1. Motion to approve the application for a rezoning from R-3 to a lower density residential district, based upon the findings that the rezoning would further the objectives of the Monticello Comprehensive Plan by discouraging multiple family residential development at the edges of the community. 2. Motion to approve the application for a rezoning from R-3 to a light industrial district, based upon the findings that the rezoning would further the objectives of the Monticello Comprehensive Plan by providing for Increased choice in industrial land development, and is compatible with Industrial uses to the west and north. 3. Motion to table action on the application for a rezoning to permit additional study of the proposal. 4. Motion to deny the application for a rezoning based upon the findings that the current R-3 zoning is most appropriate for the site, given the need for land use transition in the area. Planning Commission Agenda-121OV97 Although there are reasons for considering any of the proposed (or present) zoning mations, planning staff recommends approval of the rezoning to light industrial, such as the I -1A District. This district would allow industrial uses which can take advantage of the freeway exposure of the site, but would also require quality industrial buildings in the development to minimize negative visual Impacts on the adjacent neighborhood. Moreover, a future buyer/developer would be required to install a bufferyard which could accommodate a public pathway as well, accomplishing an open space need in the area. Finan, residential, of any density In this location are not reoommended since they will be impacted by the freeway noise, minimizing their quality and value. The City's Comprehensive Plan encourages efforts to promote higher end residential uses which would be unikey to develop in this location. Exhibit A - Zoning Map KLUCAS EXHIBIT A • ZONING MAP 9''% Planning Commission Agenda - 12/2/97 A RFFFRFNQF AND BACKGROUND: Bob Danner is requesting a zoning ordinance and associated conditional use permit which would allow re-establishment and expansion of the Danner Trucking operation, which is a lawful non -conforming use in the B-3 zone. As you may know, the Danner Trucking garage and office area was greatly damaged by the July storm. The damage exceeded b0% of the value of the facility; therefore, it cannot be rebuilt or expanded without a zoning text amendment to the B-3 regulations. Although the use is not specifically noted, staff would interpret this type of use as being allowed in the I-1 zone under "bus terminals and maintenance garage." Danner is also asking for a conditional use permit in conjunction with the zoning ordinance amendment. The site plan provided supporting the CUP request includes land that is not in control by Danner at this time; therefore, it may be premature to consider the specific request for a conditional use permit. A somewhat complex set of street vacations and condemnations need to occur in order to prepare the site as shown. Please note that all of the street vacations and associated actions necessary to prepare the site are planned to occur in conjunction with the Highway 25 project. It appears to make sense to examine the zoning ordinance amendment first prior to investing a significant effort in preparation of a site plan and associated conditional use permit. In the early 1980's Danner Trucking was given a conditional use permit which allowed a minor expansion of the use of the site for his trucking operation. Please note that this conditional use permit was granted at that time by error because the City did not even have a provision in the B-3 district regulations allowing a trucking operation by conditional use permit. Attached is an excerpt from the city ordinance describing the purpose of and regulations pertaining to the B-3 District. Planning Commission should review this proposed ordinance amendment and make a finding relating to the following: Is this use consistent with the character of the B-3 district and associated business neighborhood? 2. Will this type of land use tend to cause depreciation of value of other B-3 uses? Planning Commission Agenda - 12/2/97 Is the proposed amendment consistent with the comprehensive plan? As of the date of preparation of this memo, a complete set of possible conditions to include in the ordinance relating to truck service has not been prepared. However, following is a starting point for discussion: a. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or areas as to cause impairment in property values or constitute a blight influence within a reasonable distance of lot. b. Parking areas shall be screened from view of abutting residential districts in compliance with Chapter 3, Section 2, of this ordinance. C. The entire site other than that taken up by a building, structure, or plantings shall be surfaced with a material to control dust and drainage, which is subject to the approval of the City Engineer. d. The site shall meet minimum lot area requirements. e. No outside storage except as allowed in compliance with Section 4 of this ordinance. (This means outside storage is allowed through a separate CUP process.) DECISION A. Motion to deny the ordinance amendment allowing a trucking and service use in a B-3 zone based in the finding that the use is not consistent with the character of the B-3, will tend to cause depreciation of value of other B-3 uses, and the proposed amendment is not consistent with the comprehensive plan. Planning Commission could take the position that the proposed use is not consistent with the purpose of the district and such activities best occur in industrial areas. Motion to approve the ordinance amendment allowing a trucking and service use in a B•3 zone based on the finding that the use is consistent with the character of the B-3 district, the use will not tend to cause depreciation of value of other B-3 uses, and the proposed amendment is consistent with the comprehensive plan. Ordinance to include conditions as listed above and others as determined by the Planning Commission. Planning Commission Agenda - 12IV97 As an alternative to zoning teat amendments, Danner requests a "variance to the use" which would allow continuation of the non- conforming use despite the code requirement limiting reconstruction of damaged non -conforming facilities. In reality, the request is a variance to the "60% rule." Planning Commission cannot act on this because this request did not arrive in time to be included in the public notice. Planning Commission could take the position that the B-3 zone is a high traffic, highway -oriented area. Also, other semi -industrial or less "clean" uses have been introduced lately to the district such as auto body shops, car washes, minor auto repair, and open and outdoor storage as a principal use. Perhaps a trucking service operation is consistent with this trend. Motion to table the item. In reviewing the purpose and intent of the B-3 and I-1 districts, it appears that trucking operations are better suited to the I.1 zone. DECISION 8: Motion to deny the conditional use permit based on the finding that the site plan as prepared does not adequately address the potential negative impacts of the trucking company in the B-3 zone. Motion to approve the conditional use permit. This alternative is not feasible because Danner does not have full site control at this time. Motion to table consideration of the conditional use permit pending acquisition of necessary land areas supporting the site plan. Excerpt from the Zoning Ordinance; Site location map; Correspondence from Jim Fleming, legal representative for Danner, Copy of site plan. CHAPTER 13 "B-3" HIGHWAY BUSINESS DISTRICT SECTION: 13-1: Purpose 13-2: Permitted Uses 13-3: Permitted Accessory Uses 13-4: Conditional Uses 13-1: PURPOSE: The purpose of the 13-3," highway business, district is to provide for and limit the establishment of motor vehicle oriented or dependent commercial and service activities. 13-2: PERMITTED USES: The following are permitted uses in a "B-3" district: (A] All permitted uses as allowed in a B-1 and B-2 district. [B] Auto accessory store. [C] Commercial recreational uses. 1 [D] Motels, motor motels, and hotels provided that the lot area contains not less than five hundred (800) square feet of lot area per unit. [E] Restaurants, cafes, tea rooms, taverns, and off -sale liquor, provided that the use is not located within 300 R of a residential zone. (09/28/94, #288) (F) Private clubs or lodges serving food and beverages with use being restricted to members and their guests. Adequate dining room, kitchen, and bar space must be provided according to standards imposed upon similar unrestricted customer operations. The serving of alcoholic beverages to members and their guests shall be allowed, providing that such service is in compliance with applicable federal, state, and municipal regulations. Offices of such use shall be limited to no more than twenty (20) percent of the gross floor area of the building, [G] Tari terminals, stand, and offices. DU Small printing or publishing business employing six (6) or less persons. io-4 MONTICELLO ZONING ORDINANCE 1311 13-3: PERMITTED ACCESSORY USES: The following are permitted accessory uses in a "B-3" district: [Al All permitted accessory uses as allowed in a "B-2," limited business, `i district. [B] Adult Use/Accessory (01/13/92, #217) 13-4: CONDITIONAL USES: The following are conditional uses in a "B-3" district: (Requires a conditional use permit based upon procedures set forth in and regulated by Chapter 22 of this ordinance.) [A] Drive-in and convenience food establishments provided that: 1. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the eristing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of lot. 2. At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Chapter 3, Section 2 [G], of this ordinance. 3. Each light standard island and all islands in the parking lot landscaped or covered. 4. Parking areas shall be screened from view of abutting residential districts in compliance with Chapter 3, Section 2 [G], of this ordinance. 6. Parking area and driveways shall be curbed with continuous curb not leas than six (6) inches high above the parking lot or driveway grade. 6. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movements, shall comply with Chapter 3, Section b, of this ordinance, and shall be subject to the approval of the City Engineer. 7. All lighting shall be hooded and so directed that the light source is not visible from the public right-of way or 6rom an abutting residence and shall be in compliance with Chapter 3, Section 2 [H], of this ordinance. 8. The entire area shall have a drainage system which is subject to the approval of the City Engineer. /D-Z MONTICELLO ZONING ORDINANCE 1312 9. The entire area other than that occupied by buildings or structure or plantings shall be surfaced with a material which will control dust and drainage and which is subject to the approval of the City Engineer. 10. All signing and informational or visual communication devices shall be in compliance with Chapter 3, Section 9, of this ordinance. 11. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. [B] CARWASHES (DRIVE THROUGH, MECHANICAL, AND SELF- SERVICE) 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. Magazining or stacking space is constructed to accommodate that number of vehicles which can be washed during a maumum thirty (30) minute period and shall be subject to the approval of the City Engineer. 3. At the boundaries of a residential district, a strip of not less than five ((i) feet shall be landscaped and screened in compliance with Chapter 3, Section 2 [G], of this ordinance. 4. Each light standard island and all islands in the parking lot landscaped or covered. b. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with Chapter 3, Section 2 [G], of this ordinance. 8. 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. 8. All lighting shall be hooded and so directed that the light source is not visible firom the public right-of-way or from an abutting residence and shall be in compliance with Chapter 3, Section 2 DU, of this ordinance. 100.3 MONTICELLO ZONING ORDINANCE 1313 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. [C] MOTOR FUEL STATION, MOTOR FUEL STATION/ CONVENIENCE STORE, AUTO REPAIR -MINOR, AND TIRE AND BATTERY STORES AND SERVICE PROVIDED THAT: 1. Regardless of whether the dispensing, sale, or offering for sale of motor fuels and/or oil incidental to the conduct of the use or business, the standards and requirements imposed by this ordinance for motor fuel stations shall apply. These standards and requirements are, however, in addition to other requirements which are imposed for other uses of the property. 2. The architectural appearance and functional plan of the building and site shall not be so dissimilar tothe existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. 3. The entire site other than that taken up by a building, structure, or plantings shall be surfaced with a material to control dust and drainage which is subject to the approval of the City Engineer. 4. A minimum lot area of twenty-two thousand five hundred (22,500) square feet and minimum lot dimensions of one hundred fifty (150) feet by one hundred thirty 030) feet. 5. A drainage system subject to the approval of the City Engineer shall be installed. 6. A curb not less than six (6) inches above grade shall separate the public sidewalk from motor vehicle service areas. 7. The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right-of-way and shall be in compliance with Chapter 3, Section 2 [Hj, of this ordinance. ! MONTICELLO ZONING ORDINANCE I $l� 8. Wherever fuel pumps are to be installed, pump islands shall be installed. 9. At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Chapter 3, Section 7 [G], of this ordinance. 10. Each light standard landscaped. 11. Paricing or car magazine storage space shall be screened from view of abutting residential districts in compliance with Chapter 3, Section 2 [G], of this ordinance. 12. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Chapter 3, Section 5, of this ordinance, and shall be subject to the approval of the City Engineer. 13. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Chapter 3, Section 9, of this ordinance. 14. Provisions are made to control and reduce noise. lb. No outside storage eicept as allowed in compliance with Chapter 13, Section 4, of this ordinance. 16. Sale of products other than those specifically mentioned in Chapter 13, Section 4, be subject to a conditional use permit and be in compliance with Chapter 13, Section 4 [F], of this ordinance. 17. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions. 18. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. [D] New and used automobile/light truck sales and display provided that: 1. The enclosed principal use (sales and display office) is a minimum of 4,600 square feet, excluding the area used for mechanical repair and reconditioning. 2. Outside sales and display areas are fenced or screened fimm view of neighboring residential uses or an abutting "R" district in compliance with Chapter 3, Section 2 (G), of this ordinance. MONTICELLO ZDN1 0 ORDINANCE 1315 3. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences, and shall be in compliance with Chapter 3, Section 2 [M, of this ordinance. 4. The outside sales and display area shall be hard surfaced. b. The outside sales and display area does not utilize parking spaces which are required for conformance with this ordinance. 8. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Chapter 3, Section 6, of this ordinance, and shall be subject to the approval of the City Engineer. 7. There is a minimum lot area of twenty-two thousand five hundred (22,500) square feet and minimum lot dimensions of one hundred fifty (150) feet by one hundred thirty (130) feet. 8. A drainage system subject to the approval of the City Engineer shall be installed. 9. All signing shall be in compliance with Chapter 3, Section 9, of this ordinance. 10. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. [E] Open and outdoor storage as a principal or accessory use provided that: 1. The area is fenced and screened Brom view of neighboring residential uses or if abutting an W district in compliance with Chapter 3, Section 2 [G], of this ordinance. 2. Storage is screened from view Brom the public right-of-way in compliance with Chapter 3, Section 2 [G], of this ordinance. 3. Storage area is grassed or surfaced to control duet. 4. All lighting shall be hooded and so directed that the light source shall not be visible from the right-of-way or from neighboring residences and shall be in compliance with Chapter 3, Section 2 [H], of this ordinance. 6. Does not take up parking space as required for conformity to this ordinance. MONTICELLO ZONING ORDINANCE 6. the provisions of Chapter 22 of this ordinance are considered and satisfactorily met. [F7 Open or outdoor service, sale, and rental as a principal or accessory use and including sales in or from motorized vehicles, trailers, or wagons provided that: 1. Outside services, Bales and equipment rental connected with the principal uses is limited to thirty (30) percent of the gross floor area of the principal use. This percentage may be increased as a condition of the conditional use permit. 2. Outside sales areas are fenced or screened from view of neighboring residential uses or abutting "11" district in compliance with Chapter 3, Section 2 [G], of this ordinance. 3. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be m compliance with Chapter 3, Section 2 [E], of this ordinance. 4. Sales area is grassed or surfaced to control dust. B. Does not take up parking space as required for conformity to i this ordinance. 6. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. [G] Accessory, enclosed retail, rental, or service activity other than that allowed as a permitted use or conditional use within this. section provided that: 1. Such use is allowed as a permitted use in a "B-1" or "B•2" district. 2. Such use does not constitute more than thirty (30) percent of the lot area and not more than fifty (60) percent of the gross floor area of the principal use. 3. Adequate off-street parking and off-street loading in compliance with the requirements of Chapter 3, Sections 6 and 6, of this ordinance is provided. 4. All signing and informational or visual communication devices shall be in compliance with Chapter 3, Section 8, of this ordinance. /O - 7 MtONTICELLO ZONNG ORDINANCE I 7 6. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. [H] Shopping Center. [11 Animal Pet Clinics. 1. Annual inspection by City's health officer at owners expense. 2. All pets must be leashed. 3. Treatment to be limited to household pets. [J] Pet hospitals with the following condition: 1. No outside pens or kennels. 2. Annual inspection by City Health CH6oer at owner's expense. 3. All animals must be leashed. 4. Treatment would be limited to small domesticated animals. b. Side yard setbacks would be 20 feet instead of 10 feet. 6. No outside storage of carcasses. [iC Commercial storage contained entirely within a building. [L] Commercial planned unit development as regulated by Chapter 20 of this ordinance. [M] Consignment auction sales and/or auction sales. 1. The architectural appearance and function 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. At the boundaries of residential districts, a strip of not less than 5 feet shall be landscaped and screened in compliance with Chapter 3, Section 2 [a], of this ordinance. 3. Any light standard islands and all islands in the parking lot shall be landscaped or covered. 4. Parking areas shall be screened fl-om view of abutting residential districts in compliance with Chapter 3, Section b ((3], of this ordinance. ' • MONTICELLO ZONING ORDINANCE 13/8 5. Parking areas and driveways shall comply with Chapter 3, Section 5 [D]. 6. Vehicular access points shall be limited, shall create a minimum 14, of conflict through traffic movements, shall comply with Chapter 3, Section 5, of this ordinance, and shall be subject to the approval of the City Engineer. 7. 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. 8. The entire area shall have a drainage system which is subject to the approval of the City Engineer. 9. All signing and information or visual communication devices shall be in compliance with Chapter 3, Section 9. 10. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. 11. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions. 12. Outside sales areae are fenced or screened from view of neighboring residential uses or abutting residential districts in compliance with Chapter 3, Section 2 [G], of this ordinance. 13. Outside sales connected with the principal use is limited to 30% of the gross floor area of the principal building. This percentage may be increased as a condition of the conditional use permit. 14. Outside sales may not take up parking space as required for conformity to the ordinance requirement. 15. No pets or livestock may be sold at this auction sales facility. 16. Provisions must be made to control and reduce noise when adjacent to a residential toning district. 17. All outside storage shall be effectively screened from public view in accordance with Chapter 3, Section 2 [G], and limited to 10% of the gross floor area of the principal use building. moNnCELLO ZONING ORDINANCE t ye [N] Outdoor go-kart tracks provided that: 1. The proposed use must meet all conditions of Chapter 3, Section 4 (A). 2. The conditional use permit will be reviewed yearly to determine whether or not it is compatible with neighboring properties and in conformance with conditions of the conditional use. 3. A solid wood, six-foot high fence must be part of the screening required when the adjacent property is residential. 4. For dust and noise (70DB at residential property line) must be controlled at all times to the satisfaction of the City. 6. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. [01 Day-care centers provided that: 1. No overnight facilities are provided for children served and that said children are delivered and removed daily. 2. An outdoor recreational facility shall be appropriately separated from the parking lot and driving areas by a wood fence not less than 4 feet in height or Council approved substitute, and shall be located continuous to the day-care facility, and shall not be located in any yard abutting a major thoroughfare, and shall not have an impervious surface for more than one-half of the playground area, and shall extend at least 60 feet from the wall of the building or to an adjacent property line, whichever is less, or shall be bound on not more than two sides by parking and driving areas. A minimum size of the outside recreational facility shall be 2,000 sq. R., or in the alternative 76 sq. R. per child at licensed capacity, whichever is the greater figure. 3. The regulations and conditions of the Minnesota Department of Human Services and Department of Health, Public Welfare Manual 11-31.30 as adopted, amended, and/or changed, are satisfactorily met. 4. A written indication of preliminary, pending, or final license approval from the regulatory agencies is supplied to the City of Monticello. (#162, 9/22/88) 7 MONTICELLO ZONING ORDINANCE 13110 (P) Auto body shop repair provided that: 1. Door opening to service area garage must not face street frontage. 2. Vehicle storage area limited to 50% of floor space of the structure housing the auto body shop. 3. All vehicles being serviced and all vehicle parts must be stored inside or in vehicle storage area. 4. Vehicle storage area shall be enclosed by enclosure intended to screen the view of vehicles in storage from the outside. Enclosure shall consist of a six-foot high,100% opaque fence designed to blend with the auto body shop structure and consisting of materials treated to resist discoloration. 5. The floor of the vehicle storage area shall consist of asphalt or concrete paving. 6. No work on vehicles or vehicle parts shall be conducted outside the confines of the auto body shop. 7. The advertising wall facing the public right of -way shall consist of no more than 50%'metal material. S. The secondary or non -advertising wall facing a public right-of- way shall utilize a combination of colors or materials that serve to break up the monotony of a single color flat surface. 9. The development shall conform to minimum parking and landscaping requirements of the zoning ordinance. 10. No conditional use permit shall be granted for an auto body shop within 600 feet of a residential or PZM zone existing at the time the conditional use permit is granted. (a176, 4/W89) [Q) Restaurants, cafes, tea rooms, taverns, and off -sale liquor located within 300 ft of a residential zone provided that: 1. Primary access must not be through residential street(s). (09/28/94, 0258) /o- # MONTICELLO ZONING ORDINANCE 13111 FLEMING' James & Fleming • Attomey at Low �� 611 Walnut Street - Suite 3 - P.O. Box 1569 - Monticello, MN SS162 Law lYl l ices. P.A. Ph. 295-8234 - Fax 6121271-6192 - Emaik inemingapdinlLcom f JULIA A. IWU PING Logo Awatiml November 20, 1997 Jeff O'Neill Assistant City Administrator City of Monticello Monticello, MN 55362 Re: Application of Bob Danner for zoni mendment 13 DearMr. O'Neill: _._.._........_....._........_......._....._._.........._.......... This letter is rovide you with rtbtlothat my clienffn Danner, wishes to broaden his to a Monticello Planning Commissioaeration of a zoning ordin ich Id add non re�ail motor vehicleij%nent repair to the list of B-3 zoni district itional uses to include an alteq st for a variance and Chapter 23 the city zoning brdinance.1 had enclosed a copy a written+ar gument su pothe rarest for amendm t to the conditional u a and the altemativ reqvariance I request that thi terial be duplicated an provided !n suf I ant nensure th t all me soLthe_PlenninBCommissl are provide;a.00pyoe.of.lheup0oming Planning Commission meeting. If ymust 461y these copies, please let me know immediately, so that I may compliwith that repuirement •„ N you have any questions or aomrhents;-pease lot me know. \ Ams B. Fleming JBFfjah cc: Robert Danner I The applicant, Robert Danner, owns and operates an independent trucking company, providing both intra -state and inter -state contract freight transportation services through the use of semi -tractor trailer equipment. He has owned the site in question since 1975, located at the intersection of Cedar Street and State Highway 25, south of the 1-94 and Highway 25 interchange, containing approximately 23,425 square feet. The principal use of this site by the applicant is for occasional minor repair of tractor -trailer equipment owned solely by the applicant and the parking of unused equipment, consisting of semi -tractors and trailers. No retail sales, or service activities are conducted on the site. The lot was purchased by the applicant from the Monticello Township in September, 1975 and was formerly the site of the Township maintenance garage until its sale to the applicant. Historically, the applicant has made use of a cement block structure on the site to house tools and repair equipment used in the repair of his trucks. In July, 1997, the wind storm which struck the community destroyed the building, requiring the applicant to rebuild the structure in order to continue his livelihood. The rezoning of the area by the City of Monticello, created a nonconforming use that was allowed to continue under the provisions of City Ordinance until the destruction of the block building. Additionally, the applicant sought and obtained a conditional use permit in January, 1985, allowing him to build an extension to the building and to continue his nonconforming use upon the condition that he clean up all non-truck/trailer related items from the property and use the outside storage only for trailers for his trucking business. The City has now indicated to the applicant that his request for a building permit will be denied since his use is nonconforming under the provisions of City Zoning Ordinance, Chapter 13, B-3. The applicant now seeks altemative relief which would provide the City of Monticello significant control over the use and operation of the site in question. Applicant first seeks to amend the 8-3 Zoning Ordinance to allow minor, non -retail truck repair and storage as a conditional use. Alternatively, applicant seeks a variance under the provisions of Chapter 23 of the Zoning Ordinance to allow him to continue his use of the property for minor truck repair and storage of trucking equipment, subject to conditions that would provide adequate protection for considerations of traffic flow, health and safety and diminution of adjoining property values. The applicant urges favorable consideration of these altemative requests on several bases. First, precedent does exist for the allowance of this use since at least three comparable businesses are currently being conducted in close by B-3 districts. Hoglund Bus Company, Inc., Royal Tire and D & D Bus Service Company are located in B-3 districts and carry on extremely simiilar business activities on a much larger scale than that of the applicant. 10-4.3 Second, the B-3 ordinance already allows, as a conditional use, the operation of minor retail auto repair businesses provided that they comply with a series of operational and site suitability conditions (Chapter 13, section(4)(C)). The use by the applicant of this site in the manner consistent with his historical conditionally approved use wil not create any greater impact on property values, traffic flow impairment or other health or safety concerns than have previously existed. Nor will it create problems that would exceed those existing in conjunction with the operation of a minor retail auto repair facility which is already allowed as a conditional use. Third, and finally, the granting of a variance for the applicant is justified on the basis that to deny him a variance for the existing use of the property will create significant economic and non -economic hardship. The applicant purchased the property in question in good faith, and relying upon the then currently existing zoning of the property in order to carry on activities incidental to his main trucking business. The applicant has conducted business on the site for over twenty years and has during that time, been subject to zoning changes he has not sought, obtaining a conditional use permit to allow him to carry on his business activities to support his family. The applicant now seeks to work with the city to create a workable solution which calls for the acquisition of additional property and the construction of a new conforming building and site plan which will allow the applicant to continue his business until such time as he ceases operations. At that point he can market the property to a buyer offering a conforming site and building which will meet all the physical and site requirements of the B-3 district. If applicant's request for a variance is denied, he will be forced to cease operations and sell the property. Because of the zoning changes which have occurred, the applicant has suffered a diminution in the value of the property which will be realized upon what will amount to a forced sale where normal market forces will not prevail. For these reasons, the applicant requests alternatively that the city planning commission grant an amendment to the B-3 ordinance which would allow minor, non - retail related vehicle repair for company owned and operated vehicles. As an alternative, the applicant requests that the commission grant a variance which would allow him to erect a new conforming structure on the property and to continue his non- conforming use until such time as he ceases business operations and sells the site to another party. .,... v. nVNI ILLI.IN TYPE OF NEARING: DQCONDITIONAL USE - fee 115.00 ❑ REZONING - fee 515.00 O VARIANCE - fee 525.00 for setbacks or 115.no for others 0OTHER - -- -------lee Qi Applicant(s): RoheRt Appllcant(s) address: #1M APpllcant(s) phone(s); Home: office:— Address of property: -Z-32/ Legal description of property: Lot ; Block Subdivision , Other Lot.0 of mw Exe. &;r To sr gr ots zy a.?/ as�6'TT- 0 Seo attar: Currently toned: B- 3 Proposed zoning: B -- flames of property owners within ISO feet: C] See attached Illease explain the reason for the Public Hearing request: 1- t - t '14-L _ A. -1 1 - J_ —4 w e... — %se�riv 1 ADeA,eO to . s:e of plaf'jto be subdivided: _acres %ame of firm preparing subdivision plat: 04te / _Siline.d-_.S�v.'_�2J.t.rt�l ........................................... too ............................................. - (for city uoe only) 0alu application received: 11122A1j/ a.:ouayt Nuauer: 7'rQ�E$-? Date et public (tearing at the Planning Comiesion: Ttmn:'.�QAM Decision of Planning Caueleeton (-, (/, r 1 El Swi attached It a Var/once, was there an Appeal? [Dyes 1 0 wl If ao. attache, copy of the AppoaL. hate of Couecil considerations �,8� •/9 7. 3 OP / lives&►on of the council, Caamv 1.l a : • 1 C3 See attached Data 'it publications � ��/l(attach& copy of the Public Ih•arlNgnotice) Uaty Lt wiling. �r //�,QOly (attach& copy of the Affidavit`ut mailln,) .s �,D 41100 1 V //I CPA/gt St�ee� y PERMIT NIMXI? — ---- •LEGAL. '1 ? :'.�4T f Nk/ EX[.•.•/f r rG.SI 1 DESCR.PTION .,;LOT: /NBC A/G A56 CLOCK - ADOI TION A 4 O CRI t0. rT. Or SITE AREA ? SO. rT, Or ARCA OCCEPICD DT BUILDING W 0,100 wilb tQ' ;M 1NSTRUCTION7 TO APPLICANT INIS /ORM MCC" NOT OC USED WHEN A EN PLOT PLNS O ORA-" TO SCALE AAE FILED -ITN THE PERNIT APPLICATIO. 1OR MC- \WILO1 Not. /ROYI D{ TMC FOLLO-IMO IHIORMATIONI LOCATION O/ IRO10lCO CONlTR-CTION .NO Ci1ST111O I.VRO Y EMCMTE. ENO- O-ILOIMO DIT{ AMD SE TO AGE OI M(NA IOIIf. 3Nou CA3MCMT7. 11"1311 CONTOU17 011 0"11nAOI "INST FLOOR CLCYATIONO. {TR{ET ELEVATION AN OCWCR [L(YATIOM. ;.Ow LOCATION OF -ATEA. SCWE•I, CAS, .IIDCLCCTRICAL SCAYICS LIMCS. SNOW LOCATION! Of SURYET FINS. 71ECITT Tom -3c OF CAIN DYIL0111.: .NO CACM MAJOR PORTION THEREOF. INDICATE NORTH IN CIRCLE EACH CPAPH SOVARE EVLIALS 101-0" DY 101-0" 1110S e(rU1T 111n the WsP011d COO t1wim" MAI ISSR101R110 the dM1e sw" AI.1 .Nl., tN-"..Mf u.l lhnt n.. rh.m� ... nl Iv n .. • ......... 1-n obt"rq mmo..l. - I '7TT:RTrtpRr'OT'OORCTI'On�C DIA nALTOTOn--'L—ES19TIT Ivc- //...1.......S.I...........S.SY........................•......... 0...................1.1....1............... (/0R CITY USE ONLY i /vMCp APPROVL'O 0T DATE. Council Minutes - 1/14/85 10• Consideration of Conditional Use Request to Allow an Addition to be Built onto a Non -Conforming Building in a B-3 Zone - Applicant, Denner Trucking. Mr. Bob Danner of Danner Trucking applied for a conditional use permit to build an addition to his present building along Highway 25 South. The addition was intended to be used to provide storage for items that were currently stored in his present building, thus freeing up space so that he could house his tractor trailers inside. It was noted by the Building Inspector that Mr. Danner started construction of the leanto addition without a building permit or without a conditional use permit. It was also noted that since his current business is a non -conforming use in a B-3 Zone, alterations which enlarge this non -conforming use are not technically allowed under our current zoning ordinance. It was pointed out that one of the advantages of allowing this leanto storage addition would be that Mr. Danner could possibly clean up his property and eliminate items that are currently stored in the open. After further discussion, motion was made by Bill Pair, seconded by Blonlgan, and unanimously carried to grant the conditional use permit for the addition contingent upon Mr. Danner agree to clean up his property and remove all miscellaneous items stored outside other than trailers for his trucking business. If Mr. Danner was not agreeable to this compromise, the item would again be considered by the Council for possibly legal r` action to stop the building addition. 11. Consideration of Making Annual Appointments. Motion was made by Fran Pair, seconded by Maxwell, and unanimously carried to adopt the following schedule of annual appointments as follows: Official Depositories: Official Newspaper: Planning Commission: HRA: I Wright County State Bank 1st National Bank of Monticello Security Federal Savings i Loan let Bank of Minneapolis Monticello Times Jim Ridgeway Ed Schaffer Richard Carlson Joyce Dowling Richard MartLe Kan Maus Ito fill remainder of Cochran's term) Bud Schrupp t: fv c. .,� c gpo*4slat -- N s�jtttiT off• �fd1 `..�-� .... r sit Cid fn►''--s i ° p _...... }..... ` ' p.�Mlai �jwtVlr"! 1, 3 o ��A �„�,�w.,4te�+ s = � ��s•� �i�we ye.0 ,its �'"� -- co BUILD ING: in ,.._._.9910.Fi2._.._.................. .. __...._...._ ..... `c ��,��.. �c.._ .... _ Cedar Street ....... �� _ � _ ..�.._ r• _ �.=-yrl:�"'_"� � X44.2 _ ropoSea -14 u. CITY OF MONTICELLO COMMUNITY DEVELOPMENT DEPARTMENT 250 E. Broadway, PO Box 1147 Monticello, MN 55384 (612)295.2711 MBLIC HEARING APPLICATION Planning q Case 0 77 03 / Cheek Requested Action: _ CONDITIONAL USE - E125.00 + all necessary consulting expenses' ZONING MAP/ TEXT AMENDMENT - 3250.00 + necessary consulting expenses* _ SIMPLE SUBDIVISION - SW _ SPECIAL PLANNING COMMISSION MEETING - $250 _ SUBDMSION PLAT - $300 + E100/acre up to 10 acres; $=acre X after 10 acres + expenses. City will refund excess of per -acre deposit. _ VARIANCE REQUEST - $50 for sad*6/3125 for others + nec. consult. expenses* _ OTHER - Fee E • NOT& Necessary consulting fees include cost to have City planner analyze variance, rezoning, & conditional use permit requests at the rate of V5/hr. The need for City Planner assistance is determined solely by City staff. Applicant Name: Robert Danner Address: 451 102nd Street NE, Monticello, MN 55362 Phone:Home• (612) 878-2086 Business: (612) 295-3250 propsrtyAddress: South Hiqhway 25, Monticello, MN Current Zoning: B-3 regal Description ofProperb; SEE ATTACHED EXHIBIT "A" Lot Bloc}' Subdivision: Other: Describe Request: SEE ATTACHED EXHIBIT "B" Information provided by the applicant on this form is true and correct I /. ;) l- 97 .99§6& 11. Z a1YvV c ems( Date Property Owner Signature it -W-9-7 h'csGcn� ,4 Data Applicant Signature (if applicable) (CONTINUE ON BACK-) Date ReNumbe : ag a� .� Receipt Number: VCUSSAMAPP: 2/08/,15 Public Hearing Date: lz , z EXHIBIT'K __ Northwest Quarter. Section 14, Township 121. Range 25. I-Acept thererron a crw.:L- State of Minnesota in Book 210 of Deeds, page 258, legally described, to wit: All that part of the follaving described tract: That part of the Northwest Quarter of Section 14, Township 121 North, Range 25 West, described as follows: Beginning in the middle of the Buffalo and Monticello County Road, 28.84 chains southwesterly by the course of the road, from section line between Sections 11 and 14, said Township and Range; thence along middle of said road. South 28 degrees West, 3.85 chains, sore or less, to the intersection of this line and the diddle of the Marvin Road; thence along middle of said road, North 14} degrees Went, 5.79 chains; thence South 85 degrees Fast parallel to North line of the piece of land from which this is taken, 2.77 chains, nnre or less, to the beginning (designated lot D of the Northwest Quarter of said Section 14); which lies Northwesterly of a line run parallel with and distant 75 feet southeasterly of the following described line: Beginning at a point our the North line of the Northeast Quarter of the Northwest Quarter of said Section 14, distant 62.3 feet Fast of the Northwest corner thereof; thence run southwesterly at an angle of 71 degrees 04 minutes 30"...; with said North line for 1700 feet and there ter- ainating; containing 0.03 acre, ®re or less, in addition to the existing highway; together with all right of access, being the right of ingress to and egress fron that portion of the above-�d tract, not acquired herein, to 'lurk Highway No. 25. 10.010 EXHIBIT *B' Applicant seeks to amend the B-3 Zoning Ordinance to allow minor, non -retail, vehicle repair and storage for vehicles used in the property owner's trade or business as a conditional use. Utilizing the conditions already established in Chapter 13-4[C] and [E], the City has the ability to construct such a use in a fashion will adequately address concerns relating to the general welfare, public health and safety addressed in Chapter 23[A]. In conjunction with these considerations, it should be noted that the nature of adjoining land and buildings in the immediate area are of a similar nature. Additionally, similar uses are already in existence in the same B-3 district and other non-contiguous B-3 districts in the immediate area. These include Royal Tire and Hoglund Bus Company in the same B-3 district and D&D Bus Service Company in a B-3 district directly north and to the west of this district. The effect upon traffic of this use will be minimal since the only traffic exiting onto either adjoining roadway will be the few trucks moved onto the property by the applicant when in need of minor repair. This will not present any increase in traffic flow over that which has existed on the site for a period in excess of twenty years. o -21 11 EXHIBIT'C' IL - Alternatively, applicant seeks a variance under the provisions of Chapter 23 of the Zoning Ordinance to allow him to continue his use of the property for minor truck repair and storage of tricking equipment, subject to conditions that would provide adequate protection for considerations of traffic flow, health and safety and diminution of adjoining property values. The granting of a variance for the applicant is justified on the basis that to deny him a variance for the existing use of the property will create significant economic and non -economic hardship. The applicant purchased the property in question in good faith, and relying upon the then currently existing zoning of the property in order to carry on activities incidental to his main trucking business. The applicant has conducted business on the site for over twenty years and has during that time, been subject to zoning changes he has not sought, obtaining a conditional use permit to allow him to carry on his business activities to support his family. The applicant now seeks to acquire additional property and to construct a new conforming building and site plan which will allow the applicant to continue his business until such time as he ceases operations. At that point he can market the property to a buyer offering a conforming site and building which will meet all the physical and site requirements of Me B-3 district. With the destruction of the existing building, the only remaining nonconformity which now must be addressed is the nonconformity of use which exists at the same time that substantially similar uses are being allowed in the same district. This constitutes a nonconformity which is unique to this property and due to circumstances not created by the landowner. If applicant's request for a variance is denied, he will be forced to cease operations and sell the property. Because of the zoning changes which have occurred, the applicant has suffered a diminution in the value of the property which will be realized upon what will amount to a forced sale where normal market forces will not prevail. J0. -ZZ Planning Corn mis i Agenda -17/!/87 .�,u t•: �:u �,� �n•f 1 . � n;� , ! u;� a t! .;:�.:_ �, : i ..�cn, u;� 1 . t 1 ! �...„ to •. 11 u ,-i u• u _ u• 1 • .ml ! w,: • .,:: : 11111 Background. The United States Postal Service has submitted plans to construct a ± 7,200 square foot 'carrier annex' upon a 5.0 acre parcel of land located east of Highway 25 between I -M and 7th Street. To accommodate the request, the following approvals are necessary: A Zoning Ordinance amendment to establish governmental and public utility structures as conditional uses in the B-3 Zoning District. A rezoning of the subject site from 1-1, Light Industrial to B3, Highway Commercial. 3. A conditional use permit to allow the establishment of a governmental building within a B-3 Zoning District. Alternative Processing. The applicant's request has been prompted by an inability to meet side yard setback requirements of the present 1-1 zoning which is applied to the property (30 feet). As an a@emative to the referenced amendment/rezoning/CUP application, the acquisition of additional property could be considered to allow compliance with 1-1 District setbacks. The 1-1 District lists governmental and public utility buildings as permitted uses. Amendment. Considering that government and utility buildings are listed as conditional uses in the Citys 8-2 District and as permitted uses in the 8.4 District, the present lack of reference in the B3 District is thought to be an oversight. Attached as Exhibit A is a draft amendment which would establish such uses as conditionally allowed in the 83 District. The conditions listed are reiterated from those imposed in the 8-2 District. Obviously, approval of the amendment is necessary to accommodate the proposed use. Rezoning. According to Section 22.1.13 of the Zoning Ordinance, the Planning Commission shall consider possible adverse effects of the proposed amendment. Their judgement must be based upon but not limited to the following factors: Planning Commission Agenda - 72/2187 1. The relationship to the Municipal Comprehensive Plan. 2. The geographical 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. The City's land use plan presents three land use options for the area in question. In all cases, the subject site borders land guided for commercial use (to the west). Recognizing that the land use map is a generalized plan, the proposed use is considered consistent with the provisions of the City's Comprehensive Plan. The subject site is bounded by medium density residential use on the north, Interstate 94 on the south, vacant industrially zoned land to the east, and commercial use to the west (Burger King). Provided all applicable performance standards are met, the use is considered compatible with the area. It is the opinion of our office that the applicant request satisfies the City's aforementioned rezoning evaluation criteria. Condidonal Use Permit Lot Area Requirement The site in question meets or exceeds B-3 District lot area and width requirements. Likewise, the proposed building meets applicable B-3 setback requirements. Circulation. Generally speaking, the proposed site plan design and circulation system is considered positive and an effective separation exists between the public mail drop off lane and postal employees area. OH -Street Parking. The ordinance does not Include a specific off-street parking standard for mail sorting facilities or operations. Utilizing an off-street parking standard applied to offices, 35 stalls would be required. The site plan illustrates a total of 33 spaces, and an ability to provide additional spaces if the need arises. As a condition of CUP approval, the City should reserve the right to require the construction of additional spaces If determined necessary. Landscaping. The landscape plan is generally satisfactory, however, the following concerns should be addressed. Is Planting Commission Agenda • 128197 The Austrian Pine proposed along the east side of the parking area should be moved away from 7th Street in order to prevent obstruction of views for both the carrier annex and the Burger Iang driveway. This will become more of an issue when 7th Street becomes a major collector street and the trees size increase. The Drawf Burning Bush utilized as a screen along the west side of the parking area should be set back from the curb to allow for vehicle overhang and snow storage. • The parking end loading a ea of the carrier annex will be visible from the Interstate exit ramp. Considering that this is a gateway to the City, the parking and loading areas should be screened from view. Additional landscaping should be utilized to the south of the parking area. • The landscape plan identifies the southern portion of the lot to be seeded. The seeding specifications as well as the limits of seeding are to be included in the plans. Decision 1. Zoning Ordinance amendment to establish government and public utility structures as conditional uses in the B-3 Zoning District. Notion to approve the Zoning Ordinaries amendment attached as Exhibit A based upon the findings that the conditional allowance of government and public utility structures in the B-3 District is consistent with the purpose of the district and comparable with other allowed uses in the district. 2. Motion to deny the Zoning Ordinance amerdmert attached as Exhibit A be upon the findings that the allowance of government and public utility structures is not consistent with the purpose of the B-3 District and is incompatible with other allowed district uses. Decision 2. Rezoning of the property in Question from 1-1, Light Industrial to B-3, Highway business. Motion to approve the rezoning of the property from 1.1, Light Industrial to B-3, Highway Business based upon the findings that the rezoning is consistent with the provisions of the Comprehensive Plan and is in character with the area. 19 Ptanntng Commission Agenda -12aA7 2. Motion to deny the rezoning of the property from 1-1, Light Industrial to B-3, Highway business based upon the findings that the rezoning is not consistent with the provisions of the Comprehensive Plan and is in character with the area Decision S. Conditional use permit to allow the establishment of a government or public utility building in a B-3 Zoning District 1. Motion to approve the conditional use permit application subject to the conditions listed on Exhibit D based upon the findings that the use is consistent with the provisions of the Comprehensive Plan and is compatible with uses in the area. 2. Motion to deny the conditional use permit based upon the findings that the use is not consistent with the provisions of the C. Jve Plan and is not compatible with the area. The fad that the B-3 District presently does not make a provision for government and public utility buildings is considered an oversight Based upon the preceding review, our office reoorn mends approval of the requested Zoning Ordinance arrrendrnmA rezoning and conditional use permit subject to the conditions listed upon Exhibit D. Exhibit A - Draft Zoning Ordinance Amendment Exhibit B - Site Location Exhibit C - Site Plan Exhibit D - Conditions of CUP Approval (p97-W.bk) I 20 DRAFT - DRAFT - DRAFT CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA ORDINANCE NO. 97 - AN ORDINANCE AMENDING TITLE 10 OF THE MONTICELLO CITY CODE (THE ZONING ORDINANCE) ESTABLISHING GOVERNMENTAL AND PUBLIC UTILITY BUILDINGS AS CONDITIONAL USES IN THE B-3, HIGHWAY COMMERCIAL ZONING DISTRICT. THE CITY COUNCIL OF THE CITY OF MONTICELLO HEREBY ORDAINS: Section 1. Title % Section 13-4 of the Monticello City Code (B-3 District Conditional Uses) is hereby amended to add the following: R Governmental and public utility buildings and structures necessary for the health, safety and general welfare of the community provided that: 1. Conformity with the surrounding neighborhood is maintained and required setbacks and side yard requirements are met. 2. Adequate screening from neighboring uses and landscaping is provided in accordance with Chapter 3, Section 2 of this Ordinance. 3. The provisions of Chapter 22 of this Ordinance are considered and satisfactorily met. Secdon Z This ordinance shall become effective Immediate upon its passage and publication. ADOPTED by the Monticello City Council this day of 1997. CITY OF MONTICELLO By: Bill Fair, Mayor 11/1?. — I EXHIBIT A ATTEST: By: AYES: NAYS: c Rick Wolfsteller, City Administrator 11/IL -L I'/#?,r EXHIBIT a •� ar�w raiw amara r•e.rr cnwr.. r..00.. a -o... �� a, III I I �^ , 4 t � LKi - _ , ------ �r r N 1 m x `1 Conditions of Conditional Use Pernit Approval 1. The City approve the requested Zoning Ordinance amendment and rezoning. 2. The City Engineer provide comment and recommendation in regard to site access. 3. The submitted grading plan is subject to review and approval by the City Engineer. 4. The following landscaping related conditions are satisfied: a. The Austrian Pine tree located in the northwest comer of the site is relocated so as not to obstnut vehicular visibility for vehicles exiting onto 7th Street. b. The Dwarf Buming Bushes located along the wast side of the parking lot are shifted westwards to allow vehicle overhang and snow storage. C. Off-street parking and loading areas are screened from view of Interstate 94 from the south. EXHIBIT D 5- d. The landscape plan is modified to identify seeding specifications. 5. The site plan is revised to identify a trash handling location. The trash handling area shall be screened from view of neighboring properties and adjacent rights-of- way. 8. All site signage comply with applicable City requirements. 7. The site plan is revised to illustrate exterior lighting locations. Al lighting shall be arranged to deflect light away from any residential use o zone and from public streets. 8. No outside storage Is permitted. 9. Any mechanical equipment erected on the roof of the principal stricture is screened so as not to be visible. 10. The City reserves the right to require the construction of additional off-street parking stalls if the need arises. EXHIBIT D 5- MICROFILM TITLE PAGE CITY OF MONTICELLO Housing & Redevelopment Authority (HRA) Agenda Books 1982