Planning Commission Minutes 07-06-1999
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MINUTES
REGULAR MEETING - MONTICELLO PLANNING COMMISSION
Tuesday, July 6, 1999
Members:
Dick Frie, Robbie Smith, Roy Popilek, Richard Carlson, Rod Dragsten
Staff:
Steve Grittman and Fred Patch
Absent:
Council Liaison Clint Herbst and Jeff O'Neill
1. Chair Frie called the meeting to order at 7:00 p.m. and declared a quorum present.
2. Approval of minutes of the regular meeting held June I, 1999.
RICHARD CARLSON MOVED TO APPROVE THE MINUTES OF THE JUNE 1,
1999 REGULAR PLANNING COMMISSION MEETING. ROD DRAGSTEN
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
3.
Consideration of adding items to the agenda.
Rod Dragsten inquired on the Kjellberg West mobile home park amendment to the
comprehensive plan that was continued at the June 1 meeting. Steve Grittman advised
that this item was tabled until the July Planning Commission meeting but it would be
discussed at the July 7 MOAA hearing and this should be put back on for the August
Planning Commission meeting.
Rod Dragsten requested to be included as item #9b to give an update on the North Anchor
meetings.
Dick Frie requested to be included as item 9c to be advised on the proper procedure for
changing through streets to 4-way stops (Walnut Street).
4. Citizens comments.
There was no response from the audience.
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5.
Public HearinQ - Consideration of a side yard setback variance from rcquired 20' to
proposed 5'. Applicant: Tom Brion
Steve Grittman presented the staff report. Mr. Tom Brion has applied for a variance to
allow the reconstruction of a detached garage to a portion of his single family lot which
would reducc the required 20 foot corner lot side setback to 5 feet. The applicant has
suggested that the garagc would be in line with the adjoining neighbor's house setback.
The parcel in question appears to have more than adequate rear yard space in which to
locate the proposed garage. A small shed on the property could also be moved to
facilitate the garage location if necessary. With the availability of other optional
locations, the requirement that the City find a hardship is a difficult one to meet. A
variance in this case, based on the materials presented, does not appear to be justified by
the requirements of the Zoning Ordinance.
Chair Frie opened the public hearing. Tom Brion informed the commission of his
reasoning for this variance application, explaining the view from his house to his
backyard is obstructed and therefore they could not see their children when they are in the
backyard playing. He did not discuss with staff any other options he may have, but was
open to suggestions. Chair Frie closed the public hearing.
There was discussion from the commission on advising the owner of other possible
options he may have. Mr. Brion was advised on several options such as moving the
existing shcd toward the north of his property line which would open up his backyard,
moving the existing buildings around as there is ample land area, possibly moving
his driveway, as well as adding on to his existing shed.
ROBBIE SMITH MOVED TO DENY THE VARIANCE, BASED ON A FINDING
THAT THERE ARE ADEQUATE OPTIONS A V AILABLE TO THE APPLICANT
IN SITING A GARAGE, AND THAT THE REQUIREMENT FOR HARDSHIP IS
NOT MET. ROD DRAGSTEN SECONDED THE MOTION. MOTION
CARRIED UNANIMOUSLY.
6. Public Hearing - Consideration of a preliminary plat and rezoning from Ag to R1 & R2
on a 255 acrc parcel (Groveland). Applicant: Ocello. LLC
Steve Grittman presented the staff report. Groveland is a 253 acre project located directly
west of the City's western boundary and south ofI-94 along the proposed westerly
extension of Chelsea Road. The project consists of a proposed 328 single family lots,
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approximately 10 acres of "multi~family" (townhouse), 12 acres of commercial area
along the south side of Chelsea Road, several park and wetland open spaces, and a
proposed "PZM" area on the far southern portion of the project, adjacent to Kjellberg's
Mobile Home Park.
The development anticipates that Chclsea Boulevard will be constructed this year
between its connection to the east and 90th Street on the west. The first phase of
development will include one of the two townhouse parcels and 38 single family lots
extending to the south. The Preliminary Plat is heavily affected by two utility easements
which run diagonally through the property. A United Power Association easement
crosses from the cemetery along 90th Street to the DNR wetland abutting Highway 25.
About 800 feet to the southwest, a Standard Oil easement parallels the UP A easement.
Both of these easements affect the plat design, as well as the public dedication areas.
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Land Use. The land use proposed for Groveland closely reflects the City's
Comprehensive Plan for the area, and has been the subject of numerous discussions
between City Staff and the developer. The primary area of difference is in the
commercial land use designation along Chelsea Road. Chelsea Road is shifted to the
north in this project, resulting in a smaller reservation of commercial land than the
original planning document for the area. The Comprehensive Plan does acknowledge the
likelihood that such changes may be accommodated, however, depending upon the ability
to attain the City's land use goals which the maps represent. In this case, the primary
objective was the continuous connection of Chelsea Road from east to west. Additional
objectives included the preservation of commercial lands along both sides of Chelsea, and
creation of attractive open spaces along the two large wetland areas.
The land use pattern created by the project is reflective of the City's proposed pattern.
The change in the Chelsea Road location decreased the amount of reserved commercial
land, but had the added benefit of providing new access to existing commercial
properties, notably Gould Bros. Chevrolet. This trade-off should be acceptable, so long
as the City reserves the remaining commercial area available to the south of the project in
the "Remmele" site, and adjoining properties.
Preliminary Plat. The proposed preliminary plat is generally acceptable, although staff
has made a number of comments regarding roadway alignment, cul-de-sac design, and
public open spaces. The 15 conditions were summarized for the commission.
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Steve Grittman pointed out that the plan does meet the land use pattern and that the
conditions stated did not all relate to the first phase, although the commission could ask
for a revised preliminary plan rather than approving first phase stating the conditions. A
letter from the Wright Soil and Water conservation District was provided to all members
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regarding the wetland review.
Final Plat. The proposed final plat for the first phase includes 38 single family lots and
an outlot of 6.1 acres for townhouse development. A rezoning to R-l for the single
family area and to R-2 for the townhouse area will be required upon annexation approval
and filing of the final plat. The final plat lots meet all requirements for approval, and are
not affected by the changes proposed to the remainder of the preliminary plat.
Chair Frie opened the public hearing. The commission inquired as to thc number of
accesses into this development compared to the number of houses. Steve Grittman stated
that thcre is only one access proposcd for phase one of this project but that he has been
working with the developer on this issue and there are adequate accesses proposed for the
development.
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Mr. Scott Hill asked Steve to clarify if Chelsea Road would be realigned again. Steve
stated that it would not and that east of the connection point is consistent with the plans.
He also stated that the City Engineer and representatives have been in contact with the
land owners regarding Chelsea Road. It was stated again that the development will have
a number of accesses but will be somewhat limited on the east side.
Ms. Iris Harris asked to know the values of the proposed homes and the time frame of
bringing in this development. Mr. Dan Parks of McCombs, Frank and Roos explained
that he was there to answer questions as well as give a brief overview of this proposed
development. He stated that the owners/developers could not attend this meeting and
unfortunately he could not answer Ms. Harris' questions on the value of the homes, he
would prefer to have the developer explain the type of housing. Mr. Parks stated that his
firm deals with the land/lot sizes but not the housing. He relay these questions to the
developer.
Mr. Tom Holthaus of Little Mountain Development LLC, owner of property on Chelsea
Road, provided a letter of concern regarding this proposed project. He feels it is
somewhat premature at this time and that he has no intention of developing their property
at this time. He is also concerned with the zoning as far as putting single family
residential by commercial property and the potential problems of noise, traffic and
aesthetics.
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Mr. Carlson, business owner, stated this plan would serve his property well and that
this is an acceptable alternative. Mr. Rasmussen, land owner, was concerned with the
possible rezoning of his agricultural property. Steve Grittman stated Mr. Rasmussen's
home would eventually be converted to industrial.
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Chair Fric closed the public hearing. Chair Frie reiterated that this request is premature
and questioned if anyone approached the township. Steve Grittman explaincd the process
and how it works. There was eontinued discussion regarding adequate aeeess into this
development, park land dedication and that this proposed development seems premature
given that thc MOAA board is not meeting until Wednesday, July 7, and it might bc
better to wait until this meeting has oceurred stating that what transpires at the MOAA
meeting will help this procedure in an orderly fashion. The commission relayed that they
would like the Parks Commission to provide a formal report as well.
Chair Frie questioned if we reeommend adoption of the preliminary plat tonight, do we
just as well as approve the final plat? Steve Grittman stated that generally this would be
true and that is why eonditions are plaeed on the reeommendation for approval. It is
common to see long lists of eonditions on preliminaries, but the Planning Commission
eould ask to have a revised preliminary plan to show that all conditions have been met.
Proeedurally the agreement has been met by MOAA as it meets their requirements. Chair
Frie suggested that this information be taken to the MOAA meeting as the next step.
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Steve Grittman stated that this proposal has not been the subject of controversy and that
this is part of Exhibit C on the comprehensive plan. It was the feeling that it is
appropriate to consider this proposal at this time in order to give everyone a chanee to
look at all angles to keep the ball rolling. The City Engineer has also been working on
the Chelsea Road design and has been in communication with them. The City Engineer
feels that this is the alignment that is the most appropriate and meets the peoples
expectations. Chair Frie reiterated that he believes these issues should be resolved before
moving ahead.
The commission also questioned the type of housing, sizes, etc., as well as the power line
easement and lots with 40' setbacks. Steve Grittman stated that the type of housing was
not something the City could dictate according to City Ordinance. This is not a PUD, but
a straight plat according to the subdivision and zoning ordinance. Chair Frie asked of
McCombs, Frank and Roos that the styles and price ranges of these homes be known,
strictly for information purposes. Rod Dragsten motioned that rather than deny the
request, to table for a number of days until these issues have been ironed out.
CHAIR FRIE MOTIONED TO RECOMMEND DENIAL OF THE
PRELIMINARY PLAT FOR GROVELAND, BASED ON A FINDING THAT THE
DEVELOPMENT WOULD BE PREMATURE DUE TO THE MOAA'S
MORA TORIUM ON ANNEXATION IN THE AREA. ROBBIE SMITH
SECONDED THE MOTION. MOTION CARRIED WITH ROD DRAGSTEN
VOTING IN OPPOSITION.
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7.
Continucd Public Hearing - Consideration of a rezoning from PZM. Performance Zonc _
Mixed. to I-IA Light Industrial. Applicant: City of Monticello.
Stevc Grittman presented the staff report. At the previous meeting of the Planning
Commission, this item was tabled pending possible sale of the land in question to a
developer interested in development of the land under the current zoning which includcs
residential uses. It is my understanding that the Planning Commission did not want to
rezone the parcel to industrial if the current sale was contingent on the existing zoning.
In other words, the merits of the rezoning did not appear sufficient to ruin a pending land
transaction.
It is my understanding that the parcel has been sold, or a sale is eminent. Staff has met
with the developers who are proposing construction of five 12 unit apartment buildings
on the eastern half of the site. The western half (land adjacent to Ruff Auto) will be held
for a future use which is likely to be residential as well. The site plan for the entire parcel
will be presented for Planning Commission review in August.
The commission stated concerns on the time frame of this project as well as the
possibility ofthis project turning into a blight area. Fred Patch advised that City Staff has
accomplished what was intended and also recognized the blighting that could appear is
understood, but at this time that is not an issue. It appears at this time withdrawing is in
order. Steve Grittman explained there is a lot of work to do to design this project. Fred
explained tax increment financing and the fact that it does take a good deal of negotiating
and time. As 7th Street is moved, it is likely work could be done to buffer the Ruff Auto
site and that the land use may change. The commission was concerned with facing a
rezoning issue if this particular sale (Brennan) falls through. It was stated that it could be
up to two years before the City is faced with rezoning again. Fred stated that the
Planning Commission could be more proactive in this issue in terms of land use. It was
suggested by commission to put a time line on this project.
ROY POPILEK MOTIONED TO WITHDRAW PLANNING COMMISSION
REQUEST FOR REZONING BRENNAN PROPERTY FROM PZM TO I-lA,
WITH THE CONDITION THAT IF A SALE DOES NOT OCCUR WITHIN SIX
MONTHS, THE REQUEST WOULD BE REFERRED BACK TO THE
PLANNING COMMISSION FOR REVIEW. RICHARD CARLSON SECONDED
THE MOTION. MOTION CARRIED UNANIMOUSLY.
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8.
Continued Public Hearing - Consideration of a Conditional Use Permit within the B-3
Zonin District to allow an automobile re air facilit and a variance from the Cit 's
Parking supply reQulations. Applicant: Royal Tire. Inc.
Fred Patch prcsented the staff report. Royal Tire is proposing to occupy the vacated
building betwcen Cedar Street and Trunk Highway 25, formerly occupied by the
Automatic Garage Door company. The site contains a large metal building with two
access drives onto Cedar Street. At the June I, 1999 Planning Commission Meeting, a
parking plan had not been completed to the satisfaction of the Zoning Ordinance and
Planning Commission. The applicant was directed by the Commission to design a new
parking plan that would maximize the parking available on site.
Parking Variance
According to the parking standards of the Zoning Ordinance, Auto Repair facilities
require 8 spaces, plus one space per 800 square feet of floor area over 1,000 square feet.
The building consists of 13,500 square feet. This results in a parking requirement for
the proposed use of 24 spaces. Attached to this report was an Exhibit which illustrated
a site plan providing for 22 parking stalls, including the required handicapped space.
A variance of two (2) spaces would be necessary to accommodate this design. Several of
the proposed parking stalls will be located in front of existing overhead doorways. Access
drives to the building will be retained in its current configuration with curbing added.
The variance would allow the proposed user to occupy the building and fIt a reasonable
amount of parking on the property in conformance with the setback requirements of the
parking regulations. Variances must be supported by a finding that the property may not
be put to a reasonable use without the variance. In this case, such a finding may be
considered based on the following factors:
a. The building is existing on the site. Due to the configuration of the property and
existing building, it is not possible to meet the parking requirements for any B-3
use. Other retail uses would require as many as 65 spaces.
b. The property is an existing lot of record which is relatively shallow in shape.
There is no other opportunity to provide additional parking without requiring
removal of a portion of the structure.
c. The proposed use minimizes the amount of parking actually needed, due to lower
parking needs than other B-3 uses.
With these conditions, the variance may be considered a reasonable accommodation.
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Due to thc constrained amount of parking, no outdoor and no overnight storage of
vehicles should be permitted. This will help to enhance the site's aesthetics, and avoid
spillage of parking onto Cedar Street.
Conditional lJse Permit
As noted, the proposed use requires a Conditional Use Permit in this district. The Zoning
Ordinance lists 18 special requirements for the issuance of this CUP. Most of the CUP
requirements relate to routine standards applied to commercial uses, including paving and
curbing of all parking areas, lighting standards, landscaping and screening, and drainage,
dust, and noise control. All appear to be addressed by the new site plan.
The remaining components of the site and landscape plan would include Engineering and
Zoning Administrator approval. Staff would encourage additional landscaping on this
site to enhance the visual impact of the building along Highway 25, and provide a light
screening effect of the parking areas along Cedar Street. A sign plan should also be
incorporated into the CUP review, in accordance with condition number 13.
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Fred Patch explained that the setbacks have been met, as the Ordinance requires 24'.
Parking is to be established in front of the two overhead doors as Royal Tire does not
need access to these doors. He also states this is a reasonable request as stated in the last
report.
Scott Hill stated his concern on the storage of vehicles. He did go out to Royal Tire after
the last public hearing and it looked as if no attempts were made to take care of the
storage problem. He also counted as many as 27 vehicles parked in the lot at one time
and both entrances into Royal Tire were partially blocked by vehicles either waiting to be
maintained or owned by employees. Mr. Hill was concerned where the vehicles will be
parked when it snows.
Mr. Dan O'Neill of Royal Tire was present. He explained that measures have been taken
to remedy the storage problem and it will be taken care of. A number of the vehicles in
question have already been addressed, some of the vehicles are Royal Tire company
vehicles as well as employee vehicles. They have also cleared out the back storage area
and employee vehicles could be parked back there. At this time there are 13 employees
but the maximum number of employees at one time is eight to nine.
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Mr. Joel Erickson owner of the Monticello Big Lake Pet Hospital north of Royal Tire was
present. He provided a picture taken on 6/24/99 from his property looking at Royal Tire
showing cars parked where there are no stalls. People are using the hospital parking lot
to get to and from Royal Tire and his concern is that it will get worse as the business and
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the City grow.
Fred Patch advised that a good deal of work has been done regarding other issues with
Royal Tire. This space was previously used as storage/warehouse and there will be
additional SAC charges and other issues other than zoning but that these are secondary to
land use concern. Royal Tire needs to make arrangements for off-site storage for these
vehicles. An option would be to acquire land aeross the street as parking is not part of the
land use. Joint parking agreements could be worked out.
ROBBIE SMITH MOTIONED TO DENY THE VARIANCE, BASED ON A
FINDING THAT ADDITIONAL LAND COULD BE SOUGHT, OR BlJILDING
SIZE REDUCED, TO COMPLY WITH THE MINIMUM PARKING
REGULATIONS. NO SECOND ON THE MOTION. MOTION DIED.
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RICHARD CARLSON MOTIONED TO APPROVE THE VARIANCE FROM 24
PARKING SPACES TO 22 PARKING SPACES, BASED ON A FINDING THAT
THE EXISTING LOT OF RECORD IS SHALLOW IN DIMENSION, AND THE
EXISTING BUILDING RESTRICTS THE ABILITY TO ADD OTHER PARKING
TO MEET ZONING ORDINANCE REQlJIREMENTS. ROD DRAGSTEN
SECONDED THE MOTION, WITH THE AMENDMENT THAT ALL 22 STALLS
ARE TO BE A V AILABLE YEAR LONG. MOTION CARRIED WITH DICK
FRIE AND ROBBIE SMITH VOTING IN OPPOSITION.
Conditional Use Permit for Auto Repair in a B-3 District
ROBBIE SMITH MOVED TO DENY THE CUP, BASED ON A FINDING THAT
THE PROPOSED USE CAN NOT FIT ON THE SITE DUE TO PARKING AND
LOADING REQUIREMENTS. NO SECOND ON THE MOTION. MOTION
DIED.
ROY POPILEK MOTIONED TO RECOMMEND APPROVAL OF THE CUP,
BASED ON THE FINDING THAT PARKING WILL BE ADEQUATE AS
PROPOSED, NO OVERNIGHT AND NO OUTSIDE STORAGE OF VEHICLES
WILL BE ALLOWED, AND ON CONDITION THAT THE REQUIREMENTS
APPL YING TO THIS CUP LISTED IN THE ORDINANCE ARE SUBMITTED
TO STAFF FOR REVIEW AND APPROVAL. ROD DRAGSTEN SECONDED
THE MOTION. MOTION CARRIED WITH ROBBIE SMITH VOTING IN
OPPOSITION.
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9.
Continued Public llearing - Consideration of a Zoning Ordinance amendment adding
Tatoo parlors as a permitted use in a B-4 District. Applicant: Citv of Monticello.
Steve Ci-rittman advised the commission that he did receive information on this issue
while he was on vacation last week, but he did not have a chance to review this
information before this evenings meeting. Steve requested that this item be on the
August Planning Commission agenda.
ROY POPILEK MOVED TO CONTINUE THE PUBLIC HEARING FOR
CONSIDERA TION OF A ZONING ORDINANCE AMENDMENT ADDING
TATOO PARLORS AS A PERMITTED USE IN A B-4 DISTRICT TO THE
AUGUST PLANNING COMMISSION MEETING. ROD DRAGSTEN
SECONDED THE MOTION. MOTION CARRIED.
9b. North Anchor Update
Rod Dragsten presented the report stating that the North Anchor committee has been
meeting every two weeks.
9c.
Request for explanation as to the procedure regarding through streets chanlled to 4-wav
stops (Walnut St.). FP.
Fred Patch explained the reason for changing this particular intersection from a through
street to a 4-way stop. The Fire Department had approached City Staff stating their
difficulty getting to fires with the traffic and road construction lately. Staff and Council
felt it appropriate for fire vehicles to pass down 6th Street to Hwy 25. Their intention is to
only have the stop signs on Walnut Street in the future as it is not intended to be a
through way as it is pedestrian oriented. Mayor Belsaas brought this issue up to Council
who directed staff to make the change to a 4-way and the Public Works department
ordered signs for Walnut Street. Fred stated this was an add on item at the last Council
meeting and the Mayor felt it vital that signs go up immediately due to the fire
department vehicles. There are additional signs on the way.
9d. Request for interpretation and clarification on an ordinance adopted at the last Citv
Council meeting regardinll the removal of elected officials from office.
Chair Frie expressed his concern with the language stated in the ordinance proposed at
the last City Council meeting. He stated that the way the ordinance now reads,
commissioners are on a day-to-day basis and can be removed at any time. He does not
feel that this language is the intent of the Council. He asked Steve Grittman to express
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thc Planning Commission's opinion at the special mceting being held Thursday, July 8,
1999. Stevc stated he will if given the opportunity to speak as it is not a public hearing.
10. Adjourn.
ROBBIE SMITH MOVED TO ADJOURN AT 9:30 P.M. ROD DRAGSTEN
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
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Recoiding Se etary
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