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MELROSE PLANNING AND ZONING COMMISSION REGULAR MEETING MONDAY, AUGUST 6, 2018 6:30 P.M. AGENDA 1. Call to Order/Roll Call/Pledge of Allegiance 2. Approval of Agenda 3. Approval of Minutes 4. Public Hearing a. Case No. ZNO-5-2018-504, Amendment to the City of Melrose Zoning Ordinance No. 1989-1-A as Amended and Adopted by Reference as Chapter 153 of the Melrose City Code Modifying Section 700, Sign Regulations by Repealing and Replacing and/or Amending the Code Related to Signage b. Case No. RZ-6-2018-304, Rezoning Request Proposed By Rice Companies For Coborn s Inc. Regarding The Two Formerly Residential Parcels West Of Coborn s And Located At 18 Riverside Ave NE (Parcel 66.37117.0000) And 14 Riverside Ave NE (Parcel 66.37118.0000) Melrose, MN 56352 from R-1, Residential to C-1, Commercial Downtown 5. Reports 6. Action Items a. Proposed Ordinance No. 08-16-2018, An Ordinance Amending Zoning Ordinance No. 1989-1-A, As Amended, Adopted By Reference As Chapter 153 Of The Melrose City Code Amending Section 700, Sign Regulations b. Case No. RZ-6-2018-304, Rezoning of (Parcel 66.37117.0000) And 14 Riverside Ave NE (Parcel 66.37118.0000) Melrose, MN 56352 from R-1, Residential to C-1, Commercial Downtown. c. Case No. COMP 7-2018-509, Approval of Amendment to the Comprehensive Plan Future Land Use Map from Single Family Residential to Downtown Commercial for Two Former Residential Lots Immediately West of Coborn s 7. Unfinished Business 8. New Business 9. Informational Items a. Next Meeting 10. Issues by Planning and Zoning Commission Members and/or Staff 11. Adjournment

MELROSE PLANNING AND ZONING COMMISSION REGULAR MEETING MONDAY, AUGUST 6, 2018 6:30 P.M. A.I. #1 CALL TO ORDER/ROLL CALL/PLEDGE OF ALLEGIANCE The Melrose Planning and Zoning Commission met in a Regular Meeting on Monday, August 6, 2018 at 6:30 p.m. at the Melrose City Center pursuant to due notice being given thereof. Present were Commission Members Jason Seanger, Tony Klasen, Kevin Thomes, Shawn Mayers, and Adam Paulson, along with Community Development Director Lisa Atkinson. Commission Members Mike Klaphake and Dave Berscheit were absent. Chair Seanger called the meeting to order. The Pledge of Allegiance was recited. A.I. #2 APPROVAL OF AGENDA A motion was made by Mr. Thomes, seconded by Mr. Paulson and unanimously carried to approve the agenda as submitted. A.I. #3 APPROVAL OF MINUTES A motion was made by Mr. Mayers, seconded by Mr. Paulson and unanimously carried to approve the minutes from the Commission s July 2 Regular Meeting. A.I. #4 PUBLIC HEARINGS a. Public Hearing Sign Regulations. The Commission, acting as the Board of Adjustments and Appeals, reconvened the Public Hearing for the purpose of giving consideration to amending the City of Melrose Zoning Ordinance No. 1989-1-A, as amended and adopted by reference as Chapter 153 of the City of Melrose Code of Ordinances amending Section 700, Sign Regulations by repealing and replacing and/or amending the code related to Signage. Director Atkinson presented the required Affidavit of Publication of the Hearing Notice which was published in the Melrose Beacon on Wednesday, May 23, 2018. Director Lisa Atkinson noted the proposed modifications to the current sign ordinance. There being no further comment, the Public Hearing was closed at 6:34 p.m. b. Public Hearing Rezoning The Commission met at 6:30 p.m. on August 6, 2018, at the City Center, 225 1 st Street NE, in the City of Melrose, for the purpose of giving consideration to the Rezoning request proposed by Rice Companies for Coborn s Inc. regarding the two formerly residential parcels west of Coborn s and located at 18 Riverside Ave NE (Parcel 66.37117.0000) and 14 Riverside Ave NE (Parcel 66.37118.0000) Melrose, MN 56352. The Property is described as follows: Lots Two (2) and Three (3), Block Seven (7) of Townsite of Melrose, Subdivision Cd 66031, according to the plat and survey thereof, now on file and of record in the office of the Stearns County Recorder.

The rezoning is an amendment to City of Melrose Zoning Ordinance No.1989-1-A, as amended, and adopted by reference as Chapter 153 of the City of Melrose Code of Ordinances. The zoning of the parcel is proposed to change from R-1, Residential to C-1, Commercial Downtown. Director Atkinson presented the required Affidavit of Publication of the Hearing Notice which was published in the Melrose Beacon on Wednesday, June 20, 2018, along with the Affidavit of Posting of Notice of Hearing and the Affidavit of Mailing of the Public Hearing Notices to the Affected Property Owners. Director Lisa Atkinson provided an overview of the rezoning request submitted by Rice Companies for Coborn s Inc. Mary Schwieters stated that she owns a home just west of Coborn s and her uncle owns a home adjacent to Coborn s. Ms. Schwieters stated that her uncle has concerns regarding loss of privacy and, therefore, is proposing the entire block be rezoned Commercial rather than just the two parcels. Ms. Atkinson noted that at this time, only the two parcels have been requested for rezoning and, therefore, another public hearing would be required to consider rezoning the entire block. Due to this stipulation, Ms. Schwieters is stating that for the record, she is opposed to the rezoning of the 18 Riverside Ave NE (Parcel 66.37117.0000) and 14 Riverside Ave NE (Parcel 66.37118.0000) Melrose, MN 56352. The Property is described as follows: Lots Two (2) and Three (3), Block Seven (7) of Townsite of Melrose, Subdivision Cd 66031, until potentially the entire block could be rezoned Commercial. Ms. Schwieters also stated on her uncle s behalf, that if a fence is considered for a buffer, her uncle would prefer a line of trees as a buffer rather than a fence. There being no further comment, the Public Hearing was closed at 6:45 p.m. A.I. #5 REPORTS A.I. #6 ACTION ITEMS a. Sign Regulations: Staff has proposed a draft sign ordinance that includes the following amendments: 1. Modified the regulations regarding political signage to match state statutes. 2. Defined philosophical signs and makes them exempt from permitting, so allowed without a permit when meeting specific criteria. 3. Added a clarifying statement regarding window signage. 4. Modified size calculations and regulations regarding C-2, I and I-2 signage. 5. Defined special event signs and allows off site special event signs like the 2x3 Color Run signs.

Staff would like to do a larger amendment to the ordinance over the slower winter months, perhaps with the help of an intern. The Commission reviewed the proposed amendments. Mr. Seanger stated that his concern is the philosophical signs. Mr. Seanger does not have an issue with them and is wondering if the City should regulate them. Mr. Klasen stated that he has done research and there are legal cases that references freedom of speech which may be applied to philosophical signs. Mr. Thomes suggested not allowing the signs as it is difficult to regulate. Mr. Paulson stated that he appreciates the legal aspect of the issue; however, he is not in favor of these flimsy signs especially in the right-of-way. Mr. Paulson just thinks the town looks cleaner without them; however, he does respect the freedom of speech. A motion was made by Mr. Mayers recommending the Council adopt the proposed sign ordinance with legal review of the philosophical signs. Mr. Mayers amended his motion recommending the Council adopt the proposed sign ordinance excluding the philosophical sign section of the ordinance. The motion was seconded by Mr. Thomes with a roll call vote recorded as follows: FOR: Commission Members Mayers, Thomes, Paulson, Klasen and Seanger AGAINST: ABSENT: Commission Members Klaphake and Berscheit A motion was made by Mr. Klasen to have the philosophical sign portion of the ordinance be reviewed by the City Attorney and his findings sent to the Council for action. Mr. Klasen rescinded his motion. A motion was then made by Mr. Klasen to allow for philosophical signs. There being no second the motion failed. A motion was then made by Mr. Thomes recommending the Council not allow philosophical signs unless legally required, and requests it be sent to the City Attorney for legal review. The motion was seconded by Mr. Mayers with a roll call vote recorded as follows: FOR: Commission Members Mayers, Thomes, Paulson, Klasen and Seanger AGAINST: ABSENT: Commission Members Klaphake and Berscheit b. Rezoning: Following its review of the Planning Report, the related information and documents associated with the application from Rice Companies for Coborn s Inc. regarding the two formerly residential parcels west of Coborn s and located at 18 Riverside Ave NE (Parcel 66.37117.0000) and 14 Riverside Ave NE (Parcel 66.37118.0000) Melrose, MN 56352, the Commission gave consideration to making recommendation to the Council on the application to rezoning 18 Riverside Ave NE (Parcel 66.37117.0000) and 14 Riverside Ave NE (Parcel 66.37118.0000) Melrose, MN 56352 from R-1, Residential to C-1, Commercial.

A motion was made by Mr. Thomes, seconded by Mr. Mayers and unanimously carried to accept the staff report and Finding of Facts as presented. A motion was then made by Mr. Mayers, seconded by Mr. Thomes and unanimously carried recommending the City Council approve the rezoning contingent upon the Comprehensive Plan Amendment being approved. c. Comprehensive Plan Amendment: The current proposal is a request to Amend the Comprehensive Plan Future Land Use Map from Single Family Residential to Downtown Commercial for two empty former residential lots immediately west of Coborn s totaling approximately 15,500 square feet to allow for Coborn s to add 14 parking spaces a drive lane and green space. Concurrent with this review is the rezoning request to change the zoning from R-1 to C-1. Staff recommends approval of this application (with no conditions). A motion was made by Mr. Paulson, seconded by Mr. Mayers and unanimously carried approving the staff report and the Finding of Facts as presented. A motion was then made by Mr. Paulson, seconded by Mr. Mayers and unanimously carried recommending the Council amend the Comprehensive Plan Future Land Use Map from Single Family Residential to Downtown Commercial. A.I. #7 OLD BUSINESS A.I. #8 NEW BUSINESS A.I. #9 INFORMATIONAL ITEMS a. The Commission s next meeting is scheduled for Monday, September 10 at 6:30 p.m. A.I. #10 ISSUES BY PLANNING AND ZONING COMMISSION MEMBERS A.I. #11 ADJOURNMENT A motion was made by Mr. Paulson, seconded by Mr. Mayers and unanimously carried that the meeting be adjourned at 7:25 p.m. PATRICIA HAASE CITY CLERK