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Planning Commission Minutes 04-06-2004 . . . MINUTES REGULAR MEETING - MONTICELLO PLANNING COMMISSION Tuesday, April 6th, 2004 6:00 P.M. Membcrs Present: Chairman Dick Frie, Rod Dragsten, Lloyd IIilgart, Rich Carlson, Council Liaison Glen Posusta David Reitveld Je1IO'Neill, Fred Patch, Dan Licht - NAC, Angela Schumann Absent: S talI: 1. Call to order. Chairman Frie called the meeting to order at 6:00 P.M., and declared a quorum. Frie notcd the ahsence of Commissioner Reitvcld. Frie noted that Deputy Administrator O'Neill had spoken with Reitvcld, who indicated that he would be stepping down from the Commission. Frie requested that staff ask for a formal resignation and move forward on finding a replacement for the position. 2. Approval of the minutes of the regular Planning Commission meeting held March 1st, 2004. A MUnON WAS MADE BY HILGART TO APPROVE THE MINUTES OF THE MARCH 1 st, 2004 PLANNING COMMISSION MEETING. MOTION SECONDED BY CARLSON. MOTION CARRIED WITII FRIE AND DRAGSTEN ABSTAINING. 3. Consideration of adding items to the agenda. Hilgart requested that an update on the Home Depot project and contested case annexation process be added to the agenda. 4. Citizens comments. None. . . . Planning Commission Minulcs- 04/06/04 5. Public Hearing - Consideration of a request for a Conditional Use Permit allowing for a detached accessory use structure in an R-1 district as allowed by thc General Provisions of the Monticello Zoning Ordinance. Jeff 0 'Neill presented the staff report, indicating that the applicant, Jason VanderHeyden, is requesting approval ofa Conditional Use Pcrmit to allow the construction of a second garage on his property at 4537 Cobhlestone Court. The new garage would be detachcd, and totals 960 squarc feet in area. The existing attached garagc is 544 square fcet. The Zoning Ordinance permits a total of up to 1,200 square fect of garage spacc as permitted accessory space for an R-1 single family home. In addition, no accessory building can exceed more than 10% of the rear yard area. However, up to 1,500 square feet of total area can be constructed with a Conditional Use Permit providcd that thc accessory huilding is to be utilized solely for the storage ofresidential personal property of the occupant of the principal dwelling, and not for commercial purposes, that the parcel on which the accessory building is to be located is of sulTicient size that the building will not crowd the open spacc on thc lot, that the accessory huilding will not he so large as to have an adverse effcct on the architectural character or use of the surrounding property, and that the accessory building is constructcd similar to the principal building in architectural style and building materials. O'Neill indicated that the applicant's rear yard is more than 12,000 square feet in area, and as such, the 10% threshold will not he a concern. The total square footage of thc garage space on the property, as designed, would be ] ,504 square feet. By reducing one side of the new building by a few inches, the building ean be made to meet thc standard. In addition, the applicant's plans and application letter indicate an intent to meet the requirements of the Conditional Use Permit provisions. O'Neill did notc that the rear of the accessory structure would front Edmonson A venue. O'Neill indicated that staff prefer the space in front of building to be usable space rather than requiring a larger setback from Edmonson. It is also staff's opinion that the yard is sufficient to handle the proposed structure. O'Neill asked that during the public hearing the applicant confirm any intentions for drivcway. O'Neill stated that staHrccommends approval of the CUP, based on findings that the building will meet both the intent and the specific standards of the zoning ordinance. With the comments that the building will be finished to match the house, and the ] ,500 square foot maximum is met, planning statIbelieves that the building is appropriatc for the site. Chairman Frie opened the public hearing. Jason VanderHeyden, 4537 Cobblestone Court, made himself available for questions. -2- Planning Commission Minutes - 04/06/04 . Hearing no other comments, Chairman frie closed the public hearing. Hilgart sought clarification on the possibility of additional futurc pavement. VanderlIeyden stated that he would seek to instaIl a concrete drive connccting to the new structure. Hilgart stated that if a drivcway were constructed, the amount of paved surface area may be of concern. O'Neill recommended that in such case, appropriate landscaping should take place. Licht stated that while the impervious surface is not a major concern with the size of the parcel, adjacent property owners may have concern over the driveway. The Commission may want to consider requiring a driveway setback of 6 feet with a landscape bulTer. Dragsten indicated that a concrete pad may be more desirable than a fuIl driveway. VanderHeyden expressed concern about the camper making tracks in the green area. Carlson asked staff if by pushing the structure further to the rear yard, it is more visible from 117, which may be a site concern. O'Neill indicated that staff thought the better use of the land is usable yard. O'Neill indicated that the right-of-way would also give it more separation. Licht stated that if it meets the setbacks, it should be an allowable use. Carlson also questioned whether granting this request would create a large number of requests for detached structures. . Chairman Frie expressed appreciation for the applicant's compliancc with ordinances that move toward eliminating yard clutter. A MOTION WAS MADE BY DRAGSTEN TO RECOMMEND APPROV AL OF THE CONDITIONAL USE PERMIT FOR A DETACHED ACCESSORY GARAGE, WITH TIlE CONDITION THAT TilE APPLICANT MEET EACH OF TilE REQUIREMENTS OF THE ZONING ORDINANCE AS FOLLOWS, INCLUDING THE 1,500 SQUARE fOOT THRESHOLD, WITH THE ADDITION OF CONDITION E. (a) Accessory building space is to be utilized solely for the storage of residential personal properly of lhe occupant of the principal dwelling, and no accessory building space is to be utilized for commercial purposes. (b) The parcel on which the accessory building is to be located is ofsufficienl size such that the building will nol crowd the open space on lhe lot. (c) The accessory building will not be so large as to have an adverse effect on the architectural characler or reasonable residenlialuse of the surrounding property. (d) The accessory buildings shall be conslructed to be similar 10 the principal building in archilectural style and building materials. (e) The applicant is to leave the driveway area as green space and inslall only a concrete pad in front of the structure. . MOTION SECONDED BY HILGART. MOTION CARRIED UNANIMOUSLY. -3- . . . Planning Commission Minutes - 04/06/04 6. Continued Public Hearing - Consideration of a request for a Preliminary Plat and Conditional Use Permit for five 4-unit townhouse buildings in an R-2 district. Licht provided the staff report, stating that the applicant has revised plans for his proposed townhouse project along Prairie Road, which had been tabled for consideration at the last meeting of the Commission. The City had previously approved a conditional use permit for the eight units north of Prairie Road, and the current proposal includes an additional 20 units south of Prairie Road. The new portion of the development is a replat of the original "Brothers" plat of 7 single family lots. The zoning designation is R-2, which permits single and two-family homes, and allows attached townhouses by Conditional Use Permit. It is the intention of this application and a requirement of the original eight-unit approval that the two projects be combined for final plat and association purposes. The iinal plat must be processed through the City and County prior to occupancy of any of the buildings in either project. In addition, it is the understanding of staff that the developer is required to provide securities and/or a development agreement prior to beginning construction work on the original 8-unit project. As a result, the plat request is for 28 units on seven lots, howevcr, Licht noted that the Conditional Use Permits are nccded only for 20 new units. The zoning ordinance for R-2 areas permits townhouses at a density of onc unit per 5,000 square feet of lot area. Each of the proposed lots exceeds 20,000 square feet, and as such, the density requirement is met. All units would face public streets, including Prairie Road and a new cuI-dc-sac extending south from Prairie Road. In regard to the preliminary plat, Licht indicated that the plat shows 7 total lots - 2 are located on land north of Prairie Drive, known as "The Meadows", and five arc located to the south. The two lots to the north mirror the previous lot lines, while the iive lots to the south are arrayed both along Prairie Road and around a cul-de-sac. The cul-de- sac was platted as a part of The Brother's Plat, but never constructed. The proposed units appear to meet all setback requirements as designed. It should be noted that there would not be room for porches on the rear of the Building 7 units due to the minimum setbacks being proposed. Future owners should be made aware of this issue. With regard to the layout, the units on all buildings appear to be reasonably situated. On some of the units, driveways would have required turns in the middle ofthe driveway for backing vehicles. This has been corrected to result in straight driveways, with the exception of one unit. The developer's solution provides for a "turn-out" design that should be made to accommodate a backing vehicle. Licht stated that staff recommends approval of the plans based on the applicant meeting the outlined conditions in Exhibit Z, including modifying landscaping plans to include landscape treatmcnt in the driveway separation areas, and the addition of lilac -4- Planning Commission Minutes - 04/06/04 . hedge buffer is to the east side of the northerly eight units, consistent with the landscaping treatment in other areas of the project. Posusta sought clarification on a comment recorded in the minutes on the Prairie Road reconstruction costs. O'Neill clarified that the City would contribute a significant amount to the project in accordance with street reconstruction funding policy, but the cxact amount is not known at this time. Frie asked O'Neill to provide the Commission with that information once the amount is known. Chairman Frie opened the public hearing, and asked for the applicant's comments. Schneider questioned whether sidewalk is needed on both sides of Prairie Road. O'Neill stated that this would ultimately be Council's decision, however duc to the comments provided by residents and the fact that Prairie Road is a collector street, it is a likely possibility. Dragsten whether there are applicable guidelines in making such a decision. O'Neill indicated that there are, and that Prairie Road is just on the edge of the threshold requiring sidewalk on both sides. Frie asked whether the narrowness of the road would prevent two sidewalks. O'Neill stated that the reconstruction and right of way will allow sidewalk on both sides. Dragsten asked whether build~out in Timber Ridge was part of traffic count. O'Neill stated that it was. Schneider asked if this requirement was consistcnt with other residential areas in Monticello. O'Neill indicated that the City is moving toward more sidewalks for pedestrians in all new residential developments. . Hearing no further comments, Chair Frie closcd the public hearing. Oragsten asked if not having the ability to build decks would be a problem for potential buyers. Frie also requested that a notation to sellers about that limitation be rcquired. O'Neill clarified that if the deck (or patio) is built at grade level, it would meet code. Frie asked O'Neill to address why the final plat is required to go through Council and County. O'Neill stated that staff were trying to provide flexibility to the developer by allowing building to proceed with development and securities, but maintaining a level of oversight by withholding occupancy until all conditions are met. A MOTION WAS MADE BY HILGART TO RECOMMEND APPROVAL Of THE PRELIMINARY PLAT, BASED ON FINDINGS THAT THE PLAT MEETS THE REQUIREMENTS OF THE CITY'S COMPREHENSIVE PLAN AND R-2 ZONING DISTRICT. MOTION SECONDED BY DRAGSTEN. MOTION CARRIED UNANIMOUSLY. . -5- . I. 2. 3. 4. 5. 6. . 7. Planning Commission Minutes - 04/06/04 A MOTION WAS MADE BY DRAGSTEN TO RECOMMEND APPROVAL OF THE CUPS, BASED ON FINDINGS THAT THE PROPOSED PLANS ARE CONSISTENT WITH THE R-2 ZONING STANDARDS AND TI IE REQUIREMEN'rS OF THE AREA TO ENSURE PUBLIC SAFETY AND AN ATTRACTIVE NEIGHBORHOOD. FRIE AMENDED THE MOTION TO INCLUDE THE REQUIREMENT THAT THE APPLICANT MEET THE CONDITIONS FOUND IN EXHIBIT Z AS LISTED. Submission of a tinal plat and execution of a development contract prior to issuance of building permits. Establishment of an association to maintain common areas, including the cul~de-sac island landscaping. Landscape detail is provided for the separation of combined driveways. Provide sidewalk along both sides of Prairie Road to connect to Timber Ridge in accordance with the City Engineer's plans for the Prairie Road reconstruction project. Provide additional landscaped buffer along the east boundary of the north portion ofthe project consistent with the rest of the project and the recommendations of this report. Compliance with City Engineer recommendations on grading, drainage, utilities, and street construction. Compliance with City Public Works direction for mailbox locations, garbage collection locations, street lighting, and other requirements. MOTION SECONDED BY CARLSON. MOTION CARRIED UNANIMOUSLY. 7. Continued Public Hearing - Consideration of an amendment to the Monticello Comprehensive Plan establishing policy requirements fl.)r the development of townhouses in Low Density Residential land use areas. The staff report was provided by Licht, who indicated that the draft language provided would be a statement of policy rather than an actual text amendment. Licht indicated that many developers seek to incorporate the highest density possible, which can create issues for the community in multiple areas. Commission previously directed staff to draft a statement that addresses the density issue. The proposed policy incorporates the comments provided in previous Commission discussion. The policy statement requires no more than one townhouse unit per every three R-I single family units. To make sure that future projects don't attempt to squeeze around the requirements, the amendment distinguishes R-IA areas from "regular" low density areas and excludes R~ 1 A areas lfom density averaging and townhouse development. . -6~ . . . Planning Commission Minutes - 04/06/04 8. Consideration of a request to call for a Public Hearing regarding R-l A Zoning District design standards. O'Neill provided the Commission with background leading to the request. Key Land J lomes and Trison Development are seeking a public hearing to address the R-IA standards as thcy rclate to the Hillside Farm development. O'Neill indicated that the primary concern is the 1,400 square foot minimum foundation size requirement. Key Land and Trison have noted that for those who want to do a straight 2-story, the home ends up at 2800 square feet. This would seem to push buyers to a modified two-story home. They are requesting that the Commission consider a dii1erent standard for the two-story design. From a staff standpoint, O'Neill stated that the purpose of the requirement is to create large, high-end homes. However, it would seem that the loophole in the ordinance allows for a modified two-story at 2000 square foot finished, but not 2700 square foot finished. Frie reported that he had spoken with builders and realtors on this specific requirement and had received similar feedback. However, frie pointed out that Key Land was well aware of these requirements when they bought the property. Frie suggested that lowering the standard may provide more llexibility and creativity in home style. O'Ncill reminded the Commission that the intent of the R-IA requirements was to make certain that higlHlmenity areas that have been waiting for development, arc utilized fiJr the upper-end homcs they are more suited to. The question that is to be answercd is what constitutes a step-up home. Carlson commented that R-IA zoning requires largc lots and large homes. He indicated that 1000 square foot foundation is not a largc home. Carlson said he is not aversc to adjusting the requiremcnt, but that may mean the Commission needs to then look at R-I A standard as a whole. Dragsten stated that by lowcring the flmndation size requirement, a high-end home can still be accomplished if the finished square footage is rcgulated. Hilgart commcntcd that perhaps each house style should have its own foundation size. Patch indicated that the design that would be most impacted by thc requirement would bc salt-box style housing. Patch noted that another goal ofthc requirement was to create more interesting spaces and streetscapes. Howard Triggs, Trison Development, addresscd the Commission. Triggs stated that the intcnt of the ordinance is good because it rcquires a hard and fast standard. I Iowever, due to the fact the Hillside Farm is a PUD, there should be more flexibility -8- Planning Commission Minutes - 04/06/04 . The policy also added an additional open space element for any use of R-2 or R-2A development, and placed the burden of proving the propriety of anything other than low density single family on the developer. Finally, the proposal adds a listing of potential considerations for allowing R-2 and R- 2A housing in a low density project. Included in this list is a review of the proposed project, its building design, and its building sizes in relation to the rcquirements for R- I units. This should help the City leverage larger townhouse units in these areas by holding out the likelihood that such units will need to be comparable to single family homes to qualify for consideration. Licht stated that staff is recommending approval, based on the fact that the policy provides greater direction to the development community and that the direction is more consistcnt with the City's comprehensive plan and developmcnt goals. Dragsten questioned why it would be negative to require that all town homes would be in onc area. Licht indicated that a balanced mixture of housing also balances the services needed for development. Licht also suggested that sporadic development allows development of more high-end townhomes. O'Neill cited Par West as an example of a development style that would be a likely result of this amendment. . Carlson asked what changes would occur under this amendment in an R-2 district. O'Neill stated that the policy simply identifies or prescribes density for R-l areas, it doesn't affect previously designated R-2 areas. Chairman frie opened the public hearing. Hearing no further comment, Frie closed the public hearing. Dragsten stressed that he still questions scattering one or two townhomes at a time throughout the community. O'Neill and Licht clarified that the City would still seek to locate townhornes in clustered areas within development. A MOTION W AS MADE BY fRIE TO RECOMMEND APPROV AL Of TilE AMENDMENT, BASED ON A FINDING TIIA T IT PROVIDES fOR APPROPRIATE LEVELS OF CONTROL IN THE USE OF TOWNHOUSE DEVELOPMENT IN OTHERWISE SINGLE FAMILY DEVELOPMENT PROJECTS. MOTION SECONDED BY DRAGSTEN. MOTION CARRIED UNANIMOUSLY. . -7- Planning Commission Minutes - 04/06/04 . in the application of the code. Triggs cited homes examples requiring 2000 squarc foot finished above grade. Licht clarified that the Hillsidc Farm PUD was approved with R l-A district zoning standards and R-l lot sizes. Frie asked Hillside Farm representatives for a market rate for the homes proposed for this arca. Ron and Chris Long, Key Land Homes/Tiffany realty, addrcssed the Commission, answering that bascd on the current market, the homes would he in thc range of $260,000 - $280,000. Ron Long displayed a chart illustrating a list of housc f()Undation sizes and markct price. Frie asked Long how the houses illustratcd, which are below 1400 squarc fcet in foundation size could be huilt when they don't meet standards. L,ong indicated that they had been given permits to build these. Frie recommendcd that Patch determine why these homes were given permits. Patch indicated that before any assumptions were made that the homes on the chart were given permits, he would need to cxamine the records. . Licht indicated that the first question is the clarification of thc tcrms of the Hillside Farm PLJD. The second, broader issue is the foundation size requirement ofthc code. I,icht stated that thc clarification on hoth issucs has to come from the Planning Commission and Council. Licht indicatcd that in the case of Hillsidc Farm, the developer and/or builder could seek an amendment to the PUD, which would he his recommendation. Posusta stated that the standards wcre discussed thoroughly in ordcr to come to rcquirement conclusions within the R-IA designation. The Commission and Council are seeking higher standard houscs. Posusta commented that he has a problem with regressing from that goal. lIe conveyed that perhaps this situation can be addresscd based on the look and feel of this particular case. Frie indicatcd that the homes on thc graph displayed by Ron and Chris Long do not reach that next-Icvel intended by R-1 A. Long stated that the smaller lot sizes are prohibitive to developing larger homes. Frie clarificd that the developer sought higher density, which was the reason for the smaller lot sizes. A MOTION WAS MADE BY FRIE TO CALL FOR A PUBLIC HEARING REGARDING RI-A ZONING DIS'fRICT DESIGN STANDARDS AT' TI IE MAY PLANNING COMMISSION MEETING. . MOTION SECONDED RY HILGART. MOTION CARRIED UNANIMOUSLY. -9- . . . Planning Commission Minutes- 04/06104 Frie recommended that staff work to resolve the situation with Hillside Farms and Keyland Homes, noting the strain on building due to a lack of clarification in the standards. O'Neill indicated that they will cheek development agreement for the standard for this PUD and R-IA development. Patch stated they would still necd to apply for a PUD amendment in order to vary from the standard. 9. Consideration of a request to amcnd the Monticello Subdivision Ordinance. O'Neill reported that the proposed amendment had yet to be reviewed by the Parks Commission. O'Neill recommended that the item be tabled and sent baek to the Parks Commission. It will than be resubmitted to the Commission. Staff withdrew the item for consideration. 10. Agenda Item Addition - Walmat and Annexation Update O'Neill indicated that reprcsentatives from WaImart have spoken to the City about possible site locations within the community. They are currently in the EA W process for a proposed loeation. The City is unaware of how this proposal affects Home Depot at this time. The City will be prepared to incorporate them if needed. It is still a possible project as far as the City is concerned. O'Neill reported on the annexation process, stating that the City is undergoing a mediation process for the annexation. That process brings both the Township and the City to thc table to discuss the annexation. The process was started due to thc 60 acre incremental annexation, with the County controlling land use, being rejected by the City due to the demand for devclopment. O'Neill reported that the mediation process is moving forward and that the ultimate results are unknown at this time. O'Neill commented that it is important that both sides have input and that a document is created that works for both parties. Frie inquired about the timeline for the mediation process. O'Neill indicated that the decision has to be made by November in order to prepare for a possible trial. O'Neill is optimistic that a decision could come in the next few months. The next meeting of the task force is on Wednesday. II. Adjourn A MOTION TO ADJOURN AT 9:00 PM WAS MADE BY DRAGSTEN. MOTION SECONDED BY HILGART. MOTION CARRIED UNANIMOUSLY. -10-