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Planning Commission Minutes 10-01-1996 . . 3. . MINUTES REGULAR MEETING - MONTICELLO PLANNING COMMISSION Tuesday, October 1, 1996.7 p.m. Members Present: Dick Frie, Richard Martie, Jon Bogart, Richard Crlson, Rod Dragsten Staff Present: Jeff O'Neill, Steve Grittman, Joe Merchak, Wanda Kraemer 1. Call to order. Chairman Frie called the meeting to order. 2. Approval of minutes of the regular meeting held September 3 and the special meeting held September 23, ] 996. COMMISSIONER CARLSON MADE A MOTION SECONDED BY COMMISSION BOGART TO APPROVE THE SEPTEMBER 3, 1996 MEETING MINUTES. Motion passed unanimously. COMMISSIONER MARTIE MADE A MOTION SECONDED BY COMMISSIONER BOGART TO APPROVE THE MINUTES OF THE SEPTEMBER 23, 1996 MEETING MINUTES. Motion passed unanimously. Consideration of adding items to the agenda. The Commissioners added discussion on two items, to clarify the fence ordinance and expansion of the B2 zone. Chairman Frie requested staff send a letter to Ruff's Auto Parts and the Public Works Department complimenting them on the improvements to the intersection of 6th and Elm Street. 4. Citizens comments. There were no citizens comments. 5. Public hearing--Consideration of a reQ).lest for an amendment for a conditional use permit allowing commercial and restaurant uses in a PZM zone. Applicant, Hillside Partnership. Jeff O'Neill, reported, Rob Hoffman, operator of Jala Peno's restaurant, and the owners of the Hillside Partnership request permission to allow outdoor seating in a portion of the parking area adjacent to the rear door of the building. The seating area will occupy approximately 6 parking spaces and would be used when the weather allows. According to Hoffman, the outside area will be closed after the Page 1 . Planning Commission Minutes - 10-01-96 kitchen closes, which is 10 p.m. Hoffman does not plan to build a deck or other structure. The area will be designated perhaps by potted plants and a temporary fence. He expects that 4-6 tables will be situated in the area. There will not be music or entertainment activities outside of the facility. There will be decorative lighting but no signage. Q'N eill stated that staff is recommending approval of the CUP request. . Chairman Frie opened the public hearing. Rod Hoffman, operator of Jala Peno's (JPs), stated Hillside Partnership had already planted trees on the north side by Cedar Crest Apts. The area cannot be seen from the front of the building but it will be landscaped and an enhancement to the area. Hoffman added JP's wants to be a part of the growth by adding a decent restaurant that offers a variety of seating. It takes a mixture of businesses to keep the people in the City. Hopefully, outdoor seating will attract another segment of the market and give people a reason to stay in the business area after work. Hoffman did add that he does intend to build a deck or permanent structure and fence in the next year. He plans on using the entire area which could be up to ten tables. Joe Merchak, Chief Building Official, inquired if the handicapped parking would be maintained. . Hoffman answered it would be. The Commissioners asked if music would be played in this area. Hoffman stated the outside seating would not have music. The outside seating area would be closed Y2 hour after the kitchen closes or by 10:30, whichever is sooner. There is a parking plant for 56 more parking stalls which will be added when needed. John Bergstad, manger of Cedar Crest Apt., stated he was very sensitive to this issue. His opinion was if people are eating and drinking they will be noisy and it will disturb the tenants at Cedar Crest. He added that he has had complaints from tenants in his Cambridge building when a restaurant and bar was built nearby. The tenants in the building are older and are usually in bed very early. Hoffman stated the outdoor seating is sheltered by the main building and the planting of the evergreen trees should buffer most of the noise. The noise ordinance does allow for activity until 10:00 p.m. and that is the basis for the 10:00 time. The Commissioners added that if there are complaints of noise late at night the . CUP could be pulled. The applicants do need to abide by the standards set. Chairman Frie closed the public hearing. Page 2 . . . Planning Commission Minutes - 10-01-96 COMMISSIONER DRAGSTEN MADE A MOTION SECONDED BY COMMISSIONER CARLSON TO APPROVE THE PROPOSED AMENDMENT TO THE CONDITIONAL USE PERMIT ALLOWING OUTDOOR SEATING BASED ON THE FINDING THAT THE PROPOSED USE IS CONSISTENT WITH THE PURPOSE OF THE PZM ZONE; AND DUE TO THE TYPE OF USE AND CONDITIONS NOTED, THE ACTNITY WILL NOT BE DETRIMENTAL TO THE NEIGHBORHOOD IN WHICH IT IS LOCATED. THEREFORE, THE PROPOSED USE IS CONSISTENT WITH THE COMPREHENSNE PLAN FOR THE CITY. THE MOTION IS SUBJECT TO THE FOLLOWING CONDITIONS: 1. COMPLIANCE WITH THE TERMS OF THE EXISTING CONDITIONAL USE PERMIT, INCLUDING PROOF OF PARKING PROVISIONS. 2. OUTSIDE SEATING HOURS END lh HOUR AFTER THE KITCHEN CLOSES OR AT 10:30, WHICHEVER IS SOONER. 3. NO MUSIC ALLOWED OUTSIDE. 4. LIGHTING SHALL BE SUBDUED. 5. ADDITIONAL TREE PLANTING MUST BE COMPLETED AS IDENTIFIED ON THE SITE PLAN. 6. LIQUOR AND BEER MAY BE SERVED, BUT LIQUOR MAY NOT BE POURED OUTSIDE THE BUILDING. 5B. Consideration of callin~ for a public hearing on the ordinances governin~ fences. The Planning Commissioners discussed the need for clarification in the ordinance on the placement of fences and directed staff to prepare the language to an amendment. COMMISSIONER MARTIE MADE A MOTION SECONDED BY BOGART TO PREPARE THE LANGUAGE TO AMEND THE FENCE ORDINANCE AND CALL FOR A PUBLIC HEARING. Motion passed unanimously. 6. Consideration of calling for a public hearin~ on ordinances governin~ ~arae'e sales (Steve Grittman's report). 7. Discuss development of amendments to ordinance f:oveming ~ara~e sales. Steve Grittman, City Planner, reported that some residents in the City are taking advantage of operating more than three garage sales a year. This number could be limited to two but it will still be an enforcement issue. The City could require a permit fee but the people that are not going by the present ordinance will probably Page 3 . . . 8. Planning Commission Minutes - 10-01-96 not come in. Is the real issue the amount of sales or the safety issues of the sales in heavy traffic areas.? Limiting the parking, in designated areas, along Broadway could help with issues of people running across this busy road. The Commissioners discussed limiting the parking on Broadway by the Pinewood Elementary School for safety reasons. The Monticello High School has "No Parking" signs that are covered with hoods for special school events. This might be one solution. Grittman suggested contacting Wayne Fingalson, Wright County Highway Engineer, and check with his reaction to the "No Parking" signs along West Broadway by the Pinewood Elementary School. Chairman Frie asked staff to contact Wright County for the County's reaction. Chairman Frie also thought the garage sale ordinance should be in the City's Spring Newsletter. Update on Klein Farms III project. Jeff O'Neill, Assistant Administrator, reported that according to information from Dave Klein, Tony Emmerich is redesigning the plat to include the wooded area in the park and space for active play areas. The sidewalks and trails will be addressed in the preliminary plat. All of the trails will be 8 feet so snow can be removed by machine if needed. Monticello Community Partners is drafting a letter to the City Council to purchase equipment necessary to keep the pathway system open in the winter. 9. Update on City bud~et activity. 10. Jeff O'Neill, Assistant Administrator, reported the City Council budget meeting went well. The Council did not specifY any problems in the draft budget. Update on annexation request: Art Anderson, Orrin Thompson Homes property. Jeff O'Neill, Assistant Administrator, reported the Orrin Thompson property would need 80 acres of land of which 40 will need to be brought in to the orderly annexation area. There appears to be more interest in development then there is available capacity. This topic will be tabled until the Wastewater Treatment Plant is completed. The Planning Commission should provide comments on the urban service boundaries. The Comprehensive Plan states to use the land leftbut not to annex more in the southeasterly direction. Page 4 . 11. . . Planning Commission Minutes - 10-01-96 Update on development of a cellular phone shop in a residential portion of a B-4 zone. Applicant, Clarence McCarty. Jeff O'Neill, Assistant Administrator, informed the Commissioners that he had met with Clarence McCarty regarding a business use in a residential area of a B-4 zone. McCarty was requesting to create a separate business in an old carriage house on his property. This would be small office and display area. Should the zoning in this area be changed to an R-2 instead of a B-4 for a zoning ordinance amendment. If it was changed to R2 a Home Occupation permit could be issued. It is a residential area in a B-4 zone. If the Planning Commission decides to call for a public hearing then O'Neill will work with the City Planner to draw for a zoning ordinance amendment. COMMISSION MARTIE MADE A MOTION SECONDED BY COMMISSIONER CARLSON TO CALL FOR A PUBLIC HEARING ON A ZONING MAP AMENDMENT FOR THE AREA OF 3RD AND LINN STREET. Motion passed unanimously. 12. MCP activities. Jeff O'Neill, Assistant Administrator, summarized the MCP Workshop that was held September 17, 1996. Chairman Frie complimented the entire Commission on attending the Workshop. 13. Consideration of altemate meetin&:, date for November. The regular meeting, first Tuesday of the month, is national elections so an alternative date would need to be selected. COMMISSIONER MARTIE MADE A MOTION SECONDED BY COMMISSIONER BOGART TO CHANGE THE PLANNING COMMISSION MEETING TO NOVEMBER 5TH, AT 7:00 P.M. 14. Adjournment. COMMISSION MARTIE MADE A MOTION SECONDED BY CHAIRMAN FRIE TO ADJOURN THE MEETING. Respectfully submitted, UJan&o j(~ Wanda Kraemer Development Services Technician Page 5