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Planning Commission Minutes 08-04-1992 . . . MINUTES REGULAR MEETING. MONTICELLO PLANNING COMMISSION Tuesday, August 4, 1992 . 7 p.m. Members Present: Dan McConnon, Richard Martie, Jon Bogart, and Cindy Lemm Members Absent: Richard Carlson Staff Present: Gary Anderson and Jeff O'Neill 1. The meeting was called to order by Chairperson Dan McConnon at 7 :06 p.m. 2. A motion was made by Cindy Lemm and seconded by Richard Martie to approve the minutes of the regular meeting held June 2, 1992. Motion carried unanimously. 3. A motion was made by Jon Bogart and seconded by Richard Martie to approve the minutes of the regular meeting held July 7, 1992. Motion carried unanimously. 4. A motion was made by Jon Bogart and seconded by Cindy Lemm to approve the minutes of the special meeting held July 27, 1992. Voting in favor: Richard Martie, Jon Bogart, Cindy Lemm. Abstaining: Dan McConnon. 5. Consideration of amendments to the Monticello Zoning Ordinance pertaining to the definition and regulation of home occupations. Chairperson Dan McConnon explained that this item is for the ordinance amendment only and not the Dave and Joan Thielman home occupation request. Assistant Administrator, Jeff O'Neill, reviewed the background of the procedures and permits portion of the home occupation permit process. O'Neill highlighted the conditions under procedures and permits, general provisions, permitted home occupations, requirements--special home occupation, zoning ordinance amendment applications, and home occupationnzoning ordinance amendment/enforcement summary. Chairperson Dan McConnon then opened the public hearing. Ms. Pat Ray questioned what to do with existing home occupation uses if they don't comply. Page 1 . . . Planning Commission Minutes - 8/4/92 Assistant Administrator O'Neill explained that those home occupation and other business uses in residential zones that existed prior to the enactment of the original zoning ordinance have "grandfather" rights and are allowed to operate. They are not allowed to expand or intensify the use without a permit. Chairperson Dan McConnon then closed the public hearing and asked for comments from the Planning Commission members. I t was the consensus of the Planning Commission that City staff should have the latitude to determine which home occupations should be required to be reviewed. The proposed ordinance should be modified. There being no further discussion, a motion was made by Cindy Lemm and seconded by Jon Bogart to approve the amendments to the Monticello Zoning Ordinance pertaining to the definition and regulation of home occupations (as attached). The Planning Commission selects alternative #1 based on the finding that the proposed zoning ordinance amendment will contribute toward maintaining the residential character of the areas in which the home occupations are conducted, while providing a tool allowing limited, controlled commercial use of residential property. The ordinance will benefit the City by providing a mechanism for allowing home occupations to exist that operate in a manner completely transparent to the neighborhood but do not precisely meet the minimum requirements. Motion carried unanimously. 6. Consideration of a special home occupation permit request which would allow persons other than the resident to conduct a home occupation. The applicant is a tour operator for hhrh school music festivals. Applicant. Dave and Joan Thielman. Jeff O'Neill, Assistant Administrator, explained the only change in the site plan is that all off-street parking will be in the existing driveway, and the previously-proposed area would remain green areallandscaped area. Chairperson Dan McConnon then opened the public hearing. Joan Thielman, part owner with her husband, David, complimented the City staff and the Planning Commission members on their efforts to thoroughly research their request and create an ordinance amendment that would be beneficial to them as the applicants and also other home occupation businesses which currently exist. She felt the City staff and Planning Commission members should be complimented on their ordinance amendment efforts as proposed. Amy Dzuik informed Planning Commission members that as a neighboring residential property, they had no problem with the Thielman's home occupation permit request, as hardly anyone knows their business exists. Page 2 Planning Commission Minutes - 8/4/92 . Chairperson Dan McConnon then closed the public hearing and opened the meeting for input from the Planning Commission members. There being no further input from the Planning Commission members, a motion was made by Jon Bogart and seconded by Cindy Lemm to approve the special home occupation permit which would allow a person other than the resident to operate the home occupation subject to the following conditions: 1. No more than one vehicle associated with the home occupation can be parked on site at anyone time. 2. No on-street parking is allowed. 3. All parking on site must meet the requirements of the city ordinance, which includes parking to be conducted on the driveway area only. No parking in the front yard. 4. No more than two employees are allowed to work at this site at any given time. . Motion carried unanimously. The Planning Commission finds that the proposed home occupation is unique; and allowing the presence of employees at the site is consistent with the intent of the ordinance because the employees do not come and go and no clientele or retail traffic is generated by the home occupation activity; therefore, the home occupation is transparent to the neighborhood. Due to the fact that the home operation is transparent to the neighborhood, the activity will not result in depreciation of adjoining properties, it is consistent with the character and geography of the area, it is consistent with the comprchcnsive plan, and the need has been sufficiently demonstrated. 7. Public Hearing~-A conditional use request to allow thirteen (13) or more dwelling units in two (2) apartment buildings on an unplatted tract of land. A request to allow a subdivision of an unplatted tract of land, Applicant. David Hornig. Jeff O'Neill, Assistant Administrator, reviewed Mr. Hornig's request to be allowed to place two apartment buildings on an unplatted tract of land consisting of one 6-unit building and one 9-unit building. The buildings will consist of 14 3-bedroom units and 1 2-bedroom handicap unit. Seven continuous garage unit stalls will be developed between the two existing . Page 3 Planning Commission Minutes - 8/4/92 . garage units of the Ridgeway Apartment complex, and there will be one additional parking stall near the handicap spots in the northeast corner of the parking lot. O'Neill highlighted the following: Parking and driving areas, the lot area per unit, the usable open space, the multiple dwelling units--minimum floor area, parking and driveway design, landscaping, and setback requirements. Gary Anderson, Zoning Administrator, commented that the owner of the Ridgeway complex has been lax in maintaining the existing four buildings. They do not have maintenance free exterior with exception of the brick on the exteriors. The wood is in need of paint again, and the sprinkler systems have been sprinkling the building regularly; therefore, the exterior brick of these buildings has been stained. The City has also had to mow the area proposed for the two new apartment buildings. . Skip Sorenson, architect for Mr. Hornig, commented on the unique circumstances that led to the creation of this site in regard to the extensive landscaping and site development to accommodate these two apartment buildings. He highlighted that the proposed use of the area when the Ridgeway Apartments were built was for two additional 12-unit apartment buildings. The site plan presented has been down scaled to a 9-unit building and a 6-unit building for 15 total apartment units. David Hornig, applicant and part owner of the proposed project, commented on the development issue of a very low area which was left as part of the West 7th Street expansion for the Kmart project. He also commented on the proposed rent of $475 to $525 per month plus utilities. The maximum gross income per year to qualify would be $31,000. Chairperson Dan McConnon then closed the public hearing and opened the meeting for input from the Planning Commission members. Discussion amongst commission members centered around the development issues of this site and that the developer would have to come back to the Planning Commission through the public hearing process for a variance to allow the apartment buildings to be built within 10 feet of the rear lot line since the minimum requirement is 30 feet. . There being no further input from commission members, a motion was made by Jon Bogart and seconded by Cindy Lemm to approve the conditional use permit allowing construction of a multi-family development in a PZM (performance zone mixed) zone based on the finding that the conditional use permit and associated site plan are consistent with the requirements of the zoning ordinance, will not depreciate the area in which it is located, are Page 4 . . . Planning Commission Minutes - 8/4/92 consistent with the comprehensive plan, and are consistent with the geography and character of the area. Motion includes approval of associated lot subdivision. Motion to approve the plan is subject to: 1. Development of a landscaping plan that IS consistent with the requirements of the Planning Commission. 2. The grading and drainage plan must be approved by the City Engineer. 3. The plan must be modified to eliminate the need for a variance to the setback requirements. Under this alternative, the Planning Commission is satisfied with the information provided at this point and with the plan as prepared and is willing to recommend approval and further review by the City Council. Motion carried unanimously. 8. Public Hearinsr--A request for an ordinance amendment to the PZM (performance zone mixed) zone to allow as a conditional use an automotive/light truck oil change/lube facility. Applicant, Gerald Hog-Iund. Gary Anderson, Zoning Administrator, reviewed the request to amend the zoning ordinance to allow as a conditional use in the PZM zone an automotive/light truck oil change/lube facility. These facilities are similar to ones commonly known as a "Jiffylube." Mr. Hoglund is proposing to perform only oil change and lubrication to automotive and light truck vehicles. Anderson reviewed the applicant's site plan. The building was set on the lot to allow for development of a future addition and still be within the setback requirements. The landscaping plan as presented meets or exceeds the minimum requirements of our ordinance. The driveway is a single access driveway only, and it is situated on the lot so as not to allow traffic to flow freely from the Scrub-a-dub Carwash to the Total Mart gas station. Chairperson Dan McConnon then opened the public hearing. Mr. Hoglund responded to questions of the Planning Commission members. Chairperson Dan McConnon then closed the public hearing and opened the meeting for further comments from the Planning Commission members. Page 5 . Planning Commission Minutes - 8/4/92 Dan McConnon stated that maybe we should look at B-3 zoning for this area, which would allow these types of uses without having to amend the PZM zoning districts all the time. A motion was made by Cindy Lemffi and seconded by Richard Martie to approve the request for an ordinance amendment to the PZM (performance zone mixed) zone to allow as a conditional use an automotivellight truck oil changellube facility. Motion carried unanimously. 9. Public Hearing'--A request for a conditional use permit allowing' operation of automotive/lig'ht truck oil chang'e/lube facility in a PZM (performance zone mixed) zone. Applicant, Gerald HOg'lund. . 10. . Gary Anderson, Zoning Administrator, reviewed Mr. Hoglund's conditional use request. Under the ordinance amendment, there were 14 conditions that were added to the conditional use permit process for an automotivellight truck oil change facility activity. The conditions are very similar to the conditions used for the carwash facility, with the one major condition being that the use of this facility is for automobilellight truck oil changes and lubrication only; therefore, the building could not be switched to a major auto repair of any type. Chairperson Dan McConnon then opened the public hearing. There being no input from the public, Chairperson Dan McConnon then closed the public hearing and opened the meeting for input from the commission members. There being no further input from the commission members, a motion was made by Richard Martie and seconded by Jon Bogart to approve the conditional use request to allow an automotivellight truck oil changellube facility in a PZM zone. Motion carried unanimously. Public Hearing'nA conditional use request to allow a sim system for a building' to be considered as a shopping' center or shopping' mall. Applicant, Barry Fluth. Gary Anderson, Zoning Administrator, reviewed the request for a sign system for the Monticello Mall complex. Mr. Fluth has building frontage on two public rights-of-way, State Highway 25 (Pine Street) and West 7th Street. The total wall exposure on these two public rights-of-way is 619 lineal feet. The total lineal feet times the height of the building (16 feet) will give you the gross silhouette area for a sign system of 9,904 square feet. Mr. Fluth will be allowed 5% of that area, which equals approximately 495 square feet. Mr. Fluth is proposing to have 16 businesses in the Monticello Mall that will be utilizing some type of exterior signage. If the 495 allowable square feet of sign area is divided by 16, it would equal approximately 30 square feet per Page 6 . . . Planning Commission Minutes - 8/4/92 sign space, with no one tenant having more than 25% or 125 square feet of this sign area. Mr. Fluth is proposing to use an individual letter system for the sign system. This is similar to what is being used on the 6th Street Annex project. Chairperson Dan McConnon then opened the public hearing. Mr. Fluth explained that if they had any questions, he would be more than happy to answer them. With no further input from the public, Chairperson Dan McConnon then closed the public hearing. There being no further input from the commission members, a motion was made by Richard Martie and seconded by Jon Bogart to approve the conditional use request to allow a sign system for a building considered as a shopping center or shopping mall based on the finding that the sign system proposed is consistent with the requirements set forth by ordinance. The motion carried unanimously. 11. A Continued Public Hearing- - A preliminary plat request, entitled Silver Fox Commercial Subdivision, to subdivide an existing 6.69 acre tract of unplatted land. Applicant, Ed and Arlvs Larson. Mr. Jeff O'Neill, Assistant Administrator, requested that the commISSIOn members table the Larson's request. City staff is still working with the applicant and adjacent land owners regarding the storm water issues. It was evident that there are limited alternatives for managing added storm water created by the development of these parcels. It was the consensus of the commission members to continue the public hearing until the next regularly scheduled meeting on October 6, 1992, beginning at 7 p.m. Additional information items. 1. Consideration of an amendment to Section 2-2 [HB] of the Monticello Zoning Ordinance governing home occupations. The proposed amendment would modify the requirement that "No other than persons residing on the premises shall be employed." Applicant, Dave and Joan Thielman. Council action: Set a public hearing date for August 4, 1992, before the Monticello Planning Commission. 2. Preliminary plat request to subdivide an unplatted tract of land into an industrial subdivision plat. Applicant, Brad and Mary Barger. Council action: Approved as per Planning Commission recommendation. Page 7 . . . Planning Commission Minutes - 8/4/92 3. Consideration of a request to amend a condition of the previously-approved conditional use permit. Applicant, Hillside Partnership/6th Street Annex. Council action: Approved as per Planning Commission recommendation. 4. Continued public hearing--Consideration of a variance request to allow less than the minimum off-street parking spaces. Applicant, Hillside Partnership/6th Street Annex. Council action: Approved as per Planning Commission recommendation. 5. Continued public hearing--A preliminiary plat request entitled Silver Fox Commercial Subdivision to subdivide an existing 6.69-acre tract of unplatted land. Applicant, Ed and Arlys Larson. Council action: No action required, as the request did not come before them. 6. The Monticello City Council will hear the final plat request to subdivide an unplatted tract of land into an industrial subdivison plat (Barger Addition) at their first regularly scheduled City Council meeting Tuesday, September 8, 1992. 7. Set the next tentative date for the Monticello Planning Commission meeting for Tuesday, September 1, 1992, 7 p.m. It was the consensus of the Planning Commission members to set this as the date for the next Monticello Planning Commission meeting. 8. Adjournment. A motion was made by Richard Martie and seconded by Jon Bogart to adjourn the meeting. The meeting adjourned at 9:41 p.m. Respectfully submitted, ~~~7 Gary Anderson Zoning Administrator Page 8