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Planning Commission Minutes 05-01-1990 -. . . MINUTES REGULAR MEETING - MONTICELLO PLANNING COMMISSION Tuesday, May 1, 1990 - 7:30 p.m. Members Present: Dan McConnon, Mori Malone, Richard Martie, Cindy Lemm, and Richard Carlson Members Absent: None Staff Present: Gary Anderson and Jeff O'Neill 1. The meeting was called to order by Chairperson Dan McConnon at 7:30 p.m. Prior to moving on to item #2, Mr. McConnon explained to Planning Commission members and the public that there would be some changes to the agenda as follows: The applicant's have asked that the public hearings be continued for items #8 and #9 and the Planning Commission members consider them for a special meeting to be held at 5:30 p.m. on May 14, 1990. He also asked that agenda item #11 be continued in that public hearing notices would be sent out for a conditional use request and would be heard at the May 14, 1990, 5:30 p.m., special Planning Commission meeting. Motion was made by Richard Martie, seconded by Cindy Lemm, to continue the public hearing for item #8 (consideration of a condi tional use permit which would allow retail/commercial acti vi ty in a PZM zone. Applicant, JKMV Partnership/21st Century Builders); and also to continue the public hearing for item #9 (consideration of a variance request which would allow less than the minimum lot setback or variance request which would allow less than the minimum parking spaces for a commercial use in a PZM zone. Applicant, JKMV partnership/ 21st Century Builders). Motion carried unanimously. Motion was made by Mori Malone, seconded by Richard Carlson, to continue the public hearing for item #11 (consideration of adopting an ordinance amendment which would allow operation of a prototype furnace using rubber products as a fuel in an I-I (light industrial) zone. Applicant, Ray Schmidt). Motion carried unanimously. Page 1 . . . Planning Commission Minutes - 5/1/90 It was the consensus of the Planning Commission members to set a special meeting for May 14, 1990, at 5:30 p.m., to hear the two applicants' requests as mentioned above prior to the scheduled 7:00 p.m. City Council meeting. 2. Motion was made by Cindy Lemm, seconded by Mori Malone, to approve the minutes of the regular meeting held April 3, 1990. Motion carried unanimously. 3 . Motion was made by Richard Martie, seconded by Cindy Lemm, to approve the minutes of the special meeting held April 23, 1990. Motion carried unanimously with Mori Malone abstaining. 4. Public hearinq - A variance request to allow construction of a porch addition within the front yard setback requirement. Applicant, Ronald Reinkinq. Gary Anderson, Zoning Administrator, explained to Planning Commission members and the public Mr. Reinking's variance request. Mr. Reinking is proposing to build a porch addition onto the front portion of his existing house. Mr. Reinking's existing house does already encroach within the 3D-foot minimum front yard setback requirement; however, the adjoining house to the east of Mr. Reinking's property already is closer to the road than Mr. Reinking's property. During the time when these properties were built upon, the houses were placed on the lot anywhere they wanted to place it. There were no zoning regulations in regards to setbacks in those days. Mr. Reinking's proposed addition would be an open, exposed, roof-covered porch addition to his house similar to what was found in the year those houses were built. They had the open, roof-covered porches on them. Mr. Reinking is proposing to restore the house as close to what the original house was when it was built. With no further input from Mr. Anderson, Mr. McConnon then opened the public hearing. Mrs. Klatt, the adjoining property owner east of Mr. Reinking's property, explained to Planning Commission members that she and her husband felt that Mr. Reinking's proposed porch addition would be a complement to the neighborhood in that Mr. Reinking is proposing to renovate the house back into the character which it was when it was built. Page 2 . . . Planning Commission Minutes - 5/1/90 With no further input from the public, Chairperson Dan McConnon then opened the meeting for input from the Planning Commission members. The Planning Commission members were a Ii ttle uneasy with the addition proposed to be extended further out into the front yard setback of the existing house. But with the proposed plans as submitted by Mr. Reinking, they felt it would be a very beneficial addition to this neighborhood. With no further input from the Planning Commission members, motion was made by Richard Martie, seconded by Mori Malone, to approve the variance request to allow construction of a porch addition within the front yard setback requirement. Motion carried unanimously. Reason for approval: Due to the age of the house and how the houses were placed on the lots when they were built and trying to restore the house very similar to the character of the surrounding houses, Mr. Martie felt that the variance request would not be contrary to the intent of the ordinance. 5. Public hearinq - A conditional use request to allow a daycare/head start proqram in an R-2 (sinqle and two family residential) zone. Applicant, First Baptist Church/wriqht County Community Action Head Start Proqram. zoning Administrator, Gary Anderson, explained to Planning Commission members and the public the First Baptist Church/ Wright County Community Action Head Start program's request to allow a head start program to be operated out of the existing First Baptist Church building. To refresh the Planning Commission members' memory, the existing church is currently operating out of a conditional use permit to allow its operation in the R-2 (single and two family residential zone) . The First Baptist Church is in a stage of development of their off-street hard surfaced parking with concrete curbing around its perimeter. A portion of the existing First Baptist Church would be utilized for the space of a head start program operated by the Wright County Community Action Head Start program. Mrs. Arlene Wirth was present at the Planning Commission meeting to answer any questions that the Planning Commission members may have. Mr. Anderson explained to Planning Commission members the nine conditions that are associated with a daycare/group nursery allowable use only as a conditional use within an R-2 (single and two family residential) zone. Page 3 . . . Planning Commission Minutes - 5/1/90 with no further comments from Mr. Anderson, Chairperson Dan McConnon then opened the meeting for any input from the public. Mrs. Arlene wirth, Director with the Wright County Head Start Program, explained to Planning Commission members her program would be run usually around the months of the school year term from the middle of September to the middle of May. The kids are at this facility for three hours per day in two shifts, three hours per day in the morning and three hours per day in the afternoon. The kids are brought to the facili ty in a small passenger school bus. With the East Fourth Street Park being within one mile of the existing First Baptist Church property, they will be utilizing the playground facilities at the East Fourth Street Park for recreational purposes. A question raised from members of the public was the liability of these kids playing in the park. Mrs. Wirth responded that Wright County community Action requires that all children within the program have liability insurance coverage on them. With no further input from the public, Chairperson Dan McConnon then opened the meeting for further comments from the Planning Commission members. There being no further comments from the Planning Commission members, motion was made by Cindy Lemm, seconded by Richard Martie, to approve the conditional use to allow a daycare (head start program) in an R-2 (single and two family residential) zone, with the applicants to meet all nine conditions as listed under Section D, Daycare/Group Nursery. Motion carried unanimously. 6 . Public hearinq - Consideration of approval of a preliminary plat entitled Kirkman Addition. APplicant, The Lincoln Companies. Assistant Administrator, Jeff O'Neill, explained to Planning Commission members and the public the proposed commercial addition within the city of Monticello on two unplatted tracts of land immediately west of the existing Monticello Mall. Development of this area of land would be encompassed by two lots and two outlots. This being at preliminary plat stage, the developer has honored Mr. O'Neill's request to complete the application with the drainage and utility easements placed on them. Page 4 . . . Planning Commission Minutes - 5/1/90 Chairperson Dan McConnon then opened the meeting for further input from the public. There being no further input from the public other than recognizing that The Lincoln Companies was represented by Mr. Dennis Houck from their firm, Chairperson Dan McConnon then closed the public hearing and opened the meeting for any further comments from the Planning Commission members. There being no further comments from the Planning Commission, motion was made by Cindy Lemm, seconded by Richard Martie, to approve the preliminary plat entitled Kirkman Addition. Motion carried unanimously. 7 . Public hearinq - Consideration of a rezoninq request of land south of the realiqned 7th Street riqht-of-way from PZM (performance zone mixed) to B-3 (hiqhway business) zoninq. Applicant, The Lincoln Companies. Mr. Jeff O'Neill, Assistant Administrator, explained to Planning Commission members and the public The Lincoln Companies' request to rezone portions of the new 7th Street alignment to reflect the new zoning of the new 7th Street alignment. The existing zone under the old alignment would have been PZM (performance zone mixed) zoning and is to be amended to reflect zoning that is on the property south of the existing line, which is B-3 (highway business zoning). Chairperson Dan McConnon then from the public. There being then opened the meeting for Commission members. opened the meeting for input no input from the public, he comments from the Planning There being no comments from the Planning Commission members, a motion was made by Mori Malone, seconded by Cindy Lemm, to rezone land south of the realigned 7th Street right-of-way from PZM (performance zone mixed) to B-3 (highway business) zoning. Motion carried unanimously. 8. Public Hearinq - Consideration of conditional use permit which would allow retail commercial activity in a PZM zone. Applicant, JKMV Partnership/21st Century Builders. This items was continued to a special meeting on May 14, 1990. Page 5 . . . 10. Planning Commission Minutes - 5/1/90 9 . Public Hearinq - Consideration of variance request which would allow less than the minimum parkinq lot setback or variance request which would allow less than the minimum parking spaces for commercial use in a PZM zone. Applicant, JKMV Partnership/21st Century Builders. This item was continued to a special meeting on May 14, 1990. Public hearinq - Consideration of a zoning ordinance amendment reducing convenience food parkinq requirement. Applicant, Shinqobee Builders. Jeff O'Neill, Assistant Administrator, explained to Planning Commission members and the public Shingobee Builders' request to amend the convenience food portion of our off~street parking requirements. Under the current text of our zoning, convenience food is listed with the drive-in establishments under our parking space requirements. Shingobee Builders is proposing to delete the convenience food portion from the drive-in establishment requirements and put it in with restaurants, cafes, private clubs serving food and/or drinks, bars, taverns, and night clubs. The parking space requirement decreases from 1 space per 15 square feet of building to 1 space per 40 square feet of dining area and 1 space per 80 square feet of kitchen area. Mr. O'Neill explained that when the Wendy's and the Burger King convenience food restaurants were built, staff used their discretion in utilizing the 1 space per 40 dining requirement and 1 space per 80 square feet kitchen requirement, the same as restaurants when calculating the minimum parking space requirements needed for those two establishments. Mr. 0' Neill explained this is more of a housekeeping matter here than anything else. Chairperson Dan McConnon then opened the meeting for input from the public. A representative from Shingobee Builders explained to Planning Commission members that they have made additions to existing McDonalds restaurants and also built new McDonalds restaurants where the requirements are very similar to the 1 space per 40 square feet of dining area and 1 space per 80 square feet of kitchen area. There being no further input from the public, Chairperson Dan McConnon opened the meeting for further input from the Planning Commission members. The Planning Commission members' concerns were if the proposed development would meet the minimum requirements of the proposed ordinance amendment. Page 6 . Planning Commission Minutes - 5/1/90 zoning Administrator, Gary Anderson, explained to Planning Commission members that their request would meet the proposed zoning ordinance amendment. With no further input from the Planning Commission members, motion was made by Richard Martie, seconded by Mori Malone, to approve a zoning ordinance amendment reducing the convenience food parking space requirement. Motion carried unanimously. 11. Public hearinq Consideration of adoptinq an ordinance amendment which would allow operation of a prototype furnace usinq rubber products as fuel in an 1-1 (liqht industrial) zone. Applicant, Ray Schmidt. This item was continued to a special meeting on May 14, 1990. 12. Consideration of conditional use permit which would allow operation of a prototype furnace usinq rubber products as fuel. This item was continued to a special meeting on May 14, 1990. . 13. Public hearinq - A variance request to allow no concrete curbinq and no curb barrier within 5 feet of a lot line in certain areas of a parkinq loti and a request to allow an additional driveway within 125 feet of an existinq driveway. Applicant, Dean Hoqlund/Ken Schwartz. Gary Anderson, zoning Administrator, explained to Planning Commission members Mr. Hoglund and Mr. Schwartz's variance requests. The first request was to allow an additional driveway curb cut within 125 feet of an existing driveway curb cut. Their proposed development of the car wash on Lot 4 could be accomplished very well without needing a variance to have an additional driveway within 125 feet of the existing shared driveway between Lots 4 and 5. The developers are proposing to share this driveway between Lots 3 and 4 also to accommodate future development on Lot 3. Also as part of their request, the developers have requested to be allowed no concrete curbing or the 5-foot green area setback to the lot line in certain areas of the parking lot. These areas were highlighted on the overhead transparency that was provided for them and also was submitted along with their agenda supplements. Chairperson Dan McConnon then opened the meeting for any input from the public. Mr. Ken Schwartz, co-owner in this proposed car wash development, explained to Planning Commission members . page 7 . . 14. . Planning Commission Minutes - 5/1/90 they would also like to go up to within 3 feet of the property line on the west side of their building. This portion was not included with their variance request but they were requesting this at tonight's meeting. Mr. Jeff O'Neill commented that the request was out of order. If they wanted that request, they should have presented it in their conditional use application when they approved the conditional use at the previous meeting. As was presented, it did not show a variance in this area of the building. Chairperson Dan McConnon then opened the meeting for input from the Planning Commission members. Planning Commission members supported their request for allowing certain areas of the parking lot to receive no concrete curbing or 5-foot green area separation from the back of the curb to the property line. They did voice some objection to the need for an additional driveway within 125 feet of an existing driveway. They also voiced their dissatisfaction with the request of a variance within 3 feet of a property line on the west side of their building. With no further input from the Planning Commission members, a motion was made by Cindy Lemm, seconded by Richard Martie, to approve the variance request to allow no concrete curbing and no curb barrier within 5 feet of a lot line in certain areas of a parking lot, and to approve the variance request to allow an additional driveway within 125 feet of an existing driveway. Motion carried unanimously. Rationale for approving the variance was they felt the opening of these two areas to allow traffic to move between the existing Riverroad Plaza and the proposed car wash and a future use on Lot 3 would best be utilized in the manner as presented rather than using the service road and that the request would not be contrary to the intent of the ordinance. Public hearinq - A zoninq amendment to amend the entire section of Chapter 18, Flood Plain Manaqement Ordinance. Applicant, City of Monticello. Gary Anderson, Zoning Administrator, explained to Planning Commission members that new federal guidelines require that communities that enforce the Wild and Scenic Act or the Flood Plain Management Ordinance within their zoning ordinance are required to amend their existing ordinance to the new ordinance which is adopted by FEMA. The biggest proposed change would affect the River Terrace Trailer Park in that if an existing mobile home was in the flood zone area and it Page 8 . Planning Commission Minutes - 5/1/90 moved out, before a new one could be brought in, the pad for a new mobile home would have to be elevated 50 it would be a foot above the highest known flood elevation. There being no input from the public or from the Planning Commission members, a motion was made by Cindy Lemm, seconded by Richard Martie, to amend the entire section of Chapter 18, Flood Plain Management Ordinance. Motion carried unanimously. 15. Public hearinq - Consideration of ordinance amendment to off- street parkinq requirements. Applicant, City of Monticello. Mr. Jeff O'Neill, Assistant Administrator, explained to Planning Commission members some proposed amendments to the off-street parking requirements. They were as follows: . . 1. The parking space size. Mr. O'Neill explained that in talking to Consulting Planner, John Uban of Dahlgren, Shardlow, & Uban, Inc., he recommended not doing anything with the parking space size at this time because if there are no problems with it, why fix it when it's not broken. 2. Surfacing requirement. Mr. O'Neill explained that this change would be that any type of surfacing would be subject to the discretion of the City staff. The plans would be reviewed by the City Engineer prior to their approval. Curbing and landscaping. This is where we get into the conditional use permit. 3. 4. Curbing requirement. All curb design shall be reviewed by the City staff; and at the discretion of the City staff, designs and materials may also be reviewed by the City Engineer. If someone would like less than these minimum requirements, they would have to apply for a conditional use permit. 5. Conditional use permit process. Mr. O'Neill explained the nine conditions that would be required under this condi tional use process. He explained to Planning Commission members that what he was trying to do was take their comments from the last meeting and formulate them into conditions that could be applied to as a conditional use through the conditional use process. Mr. O'Neill suggested to Planning Commission members that they continue this public hearing process, and he can do more Page 9 . . . 3. 4. 5 . 6. 7 . 8. Planning Commission Minutes - 5/1/90 research with the Public Works Director, John Simola, and also consult with our consulting engineer, Mr. John Badalich, on some of these proposed amendments to off- street parking requirements. Additional Information Items 1. A variance request to allow construction of attached garage within the side yard setback requirement. Applicant, Daniel Whaylen. Council action: No action necessary, as the request did not come before them. 2. Variance request to allow construction of an attached garage within the side yard setback requirement. Applicant, John Borash. Council action: No action necessary, as the request did not come before them. A conditional use (performance zone Council action: recommendation. request to allow a car wash in a PZM mixed) zone. Applicant, Dean Hoglund. Approved as per Planning Commission Consideration to review potential amendments to the hard surfacing and curbing requirements of the ordinance. Council action: No action necessary, as the request did not come before them. Consideration of an amendment to the off-street parking requirements. Applicant, Monticello Theater. Council action: Approved as per Planning Commission recommendation. Consideration of - an ordinance amendment which would allow theaters to utilize off-street parking facilities located within 500 feet of a theater. Applicant, Monticello Theater. Council action: Approved as per Planning Commission recommendation. Consideration of a conditional use permit allowing the Monticello Theater to use certain public areas as joint parking. Applicant, Monticello Theater. Council action: Approved as per Planning Commission recommendation. Variance request which would allow more than 50% of the off- street parking for the Monticello Theater addition to be supplied by joint parking facility. Applicant, Monticello Theater. Council action: No action necessary, as the request did not come before them. Page 10 . . . Planning Commission Minutes - 5/1/90 9. It was the consensus of the Planning Commission members to set the date for the next meeting for June 5, 1990, and all subsequent meetings for 7:00 p.m. instead of 7:30 p.m. Discussion also centered around special meetings the Planning Commission members have been requested to have. They felt they should be receiving some sort of compensation for that. It was the consensus of the Planning Commission members to request of the Council that they set a fee of $500 per time for special meetings of the Planning Commission. No further action needed. Motion was made by Richard Martie, seconded by Cindy Lemm, to adjourn the meeting. The meeting adjourned at 10:25 p.m. Respectfully submitted, 4?~~ Gary Anaerson Zoning Administrator Page 11