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Planning Commission Minutes - 02/22/2022 (Special)MINUTES SPECIAL MEETING - MONTICELLO PLANNING COMMISSION Tuesday, February 22, 2022 — 6:00 p.m. Mississippi Room, Monticello Community Center Commissioners Present: Paul Konsor, Andrew Tapper, Eric Hagen Commissioners Absent: Alison Zimpfer, Teri Lehner Council Liaison Present: Charlotte Gabler Staff Present: Angela Schumann, Steve Grittman (NAC), Ron Hackenmueller, Hayden Stensgard 1. General Business A. Call to Order Planning Commission Chair Paul Konsor called the special meeting of the Monticello Planning Commission to order at 6:01 p.m. 2. Joint Meeting Agenda A. Public Hearing - Consideration of a Conditional Use Permit for a Place of Public Assembly in the B-3, Highway Business District and Consideration of a Variance to allow a Conditional Use Permit on a lot 10 acres or less in the B-3, Highway Business District and Consideration of amending City Code Section 5.2(D)(6)(F)(i) for parcel size for Places of Public Assembly. Applicant: Alive! Lutheran Church City Planner Steve Grittman provided an overview of the agenda item to the Planning Commission and the public. Mr. Grittman asked that the Planning Commission, continue the public hearing to the City Council meeting on February 28, 2022 following the public hearing portion of this item. The need for the continued public hearing resulted from a change in language of what was being requested during the special meeting. The language change occurred following original posting and publication of the public hearing notice. The corrective notice was created and posted/published within 10 days of this meeting so the hearing will need to continue. Mr. Grittman continued by addressing the substance of the request, explaining the need for the applicant to relocate due to the City's redevelopment project on Block 52, which is where the applicant is currently located. In the B-3 district, Places of Public Assembly are required to have a conditional use permit. The ordinance further requires that the use be a part of must be a parcel larger than 10 acres and have building larger than 20,000 square feet. Since the parcel of discussion does not meet either requirement for conditional use permit, the Planning Commissioners were asked to consider a variance as well. The applicant plans to relocate to Groveland Center. This is not intended to be a permanent location for the applicant. This means an alternative decision to be considered is an Interim Use Permit. The interim use permit option would allow the applicants to occupy the area described within the Groveland Center for no more than four (4) years. If the IUP route is preferred by the Planning Commissioners, an ordinance amendment is necessary to allow Places of Public Assembly as an interim use permit in the B-3 district. Staff recommends the approval of an amendment to the zoning ordinance establishing an interim use permit opportunity. Staff also recommends approval of the Interim Use Permit with a 4 -year maximum occupancy time for the applicant. The alternative decision, recommending approval of the Conditional Use Permit and Variance, would also suffice as staff believes this is a fitting use for the property the applicant plans to relocate. There was some discussion regarding the procedural elements of the request. Mr. Konsor opened the public hearing portion of the item and subsequently closed the public hearing. Andrew Tapper said that the interim use permit route for this agenda item makes more sense than approving a conditional use permit as well as a variance. Mr. Grittman clarified for the Commissioners that it would be best to approve both the Ordinance amendment and interim use permit, as well as the conditional use permit and variance, so the City Council can decide how they want to approve it. Though the Planning Commission is the deciding group on variances, it is still contingent upon conditional use permit approval at the council level. Though the variance would be approved tonight, if the council denied the conditional use permit and approved the interim use permit and ordinance amendment, the variance would be terminated. ANDREW TAPPER MOVED TO ADOPT RESOLUTION NO. PC 2022-071 RECOMMENDING AN AMENDMENT TO THE MONTICELLO ZONING ORDINANCE REGULATING THE REQUIREMENTS FOR LOT AND BUILDING SIZE FOR PLACES OF PUBLIC ASSEMBLY IN THE B-3 (HIGHWAY BUSINESS) DISTRICT THROUGH AN INTERIM USE PERMIT, BASED ON THE FINDINGS IN SAID RESOLUTION, AND TO CONTINUE THE PUBLIC HEARING TO THE CITY COUNCIL MEETING OF FEBRUARY 28TH, 2022 AT 6:30 P.M. PAUL KONSOR SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY, 3-0. ANDREW TAPPER MOVED TO ADOPT RESOLUTION NO. PC 2022-08, RECOMMENDING APPROVAL OF AN INTERIM USE PERMIT FOR A PLACE OF PUBLIC ASSEMBLY IN THE B-3 (HIGHWAY BUSINESS) DISTRICT BASED ON THE FINDINGS IN SAID RESOLUTION AND SUBJECT TO THE CONDITIONS IN EXHIBIT Z, AND TO CONTINUE THE PUBLIC HEARING TO THE CITY COUNCIL MEETING OF FEBRUARY 28TH, 2022 AT 6:30 P.M. PAUL KONSOR SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY, 3-0. ANDREW TAPPER MOVED TO RECOMMEND APPROVAL OF A CONDITIONAL USE PERMIT IF NECESSARY. ERIC HAGEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY, 3-0. ANDREW TAPPER MOVED TO ADOPT RESOLUTION NO. PC 2022-09, APPROVING A VARIANCE TO THE 10 -ACRE LOT SIZE REQUIREMENT FOR A PLACE OF PUBLIC ASSEMBLY IN THE B-3 (HIGHWAY BUSINESS) DISTRICT BASED ON THE FINDINGS IN SAID RESOLUTION. CONTINGENT UPON CITY COUNCIL APPROVAL OF THE CONDITIONAL USE PERMIT AND ABSENT OF THE CONDITIONS IN EXHIBIT Z, AND TO CONTINUE THE PUBLIC HEARING TO THE CITY COUNCIL MEETING OF FEBRUARY 28TH, 2022 AT 6:30 P.M. PAUL KONSOR SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY, 3-0. EXHIBIT Z Conditions of Approval Alive! Lutheran Church, Place of Public Assembly Lot 1, Block 1 Groveland Center 1. The applicant enters into a development agreement specifying the duration of the IUP, with a time limitation. Staff and applicant suggest an initial term of four (4) years. 2. The applicant continues to demonstrate that the interim occupancy will not interfere with other commercial uses of the property, either in the nature of the use, the times of operation, or demand for services, such as parking or other impacts. 3. The IUP shall expire upon the end of the specified term, or when the applicant vacates the property (whichever is sooner), and shall not be transferable to another similar Public Assembly use. 4. Changes in scope or nature of the proposed use, operation, or other elements shall require amendment to the IUP and the development contract, or a new IUP, depending on the change. 5. Any additional recommendations of other Staff or Planning Commission. 3. Adjournment ANDREW TAPPER MOVED TO ADJOURN THE SPECIAL MEETING OF THE MONTICELLO PLANNING COMMISSION, PAUL KONSOR SECONDED THE MOTION, MOTION CARRIED UNANIMOUSLY, 3-0. MEETING ADJOURNED AT 6:47 P.M. Recorded By: Hayden Stensgard Date Approved: April 5, 2022 ATTEST: Angela Schu(n1jnn,/4mmunity Devlelopment Director