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Planning Commission Minutes 01-04-2000 . , . Planning Commission Minutes - 01/04/00 MINUTES REGULAR MEETING - MONTICELLO PLANNING COMMISSION Tuesday, January 4, 2000 Members: Dick Frie, Robbie Smith, Roy Popilck, Richard Carlson, Rod Dragsten Council Liaison: Clint Herbst arrived at 7:15 p.m. Staff: Jeff O'Neill, Fred Patch, Steve Grittman and Lori Kraemer 1. Call to order. Chair Frie called the meeting to order at 7:00 p.m. 2. Approval of minutes of the regular meeting held December 7. 1999. ROBBIE SMITH MOVED TO APPROVE THE MINUTES OF THE DECEMBER 7, 1999 REGULAR PLANNING COMMISSION MEETING. ROD DRAGSTEN SECONDED THE MOTION. Motion carried. 3. Consideration of adding items to the agenda. Chair Frie asked for an update regarding a code amendment formally allowing payment to Planning Commission members for attendance at special Planning Commission meetings called by applicants. Jeff O'Neill, Deputy City Administrator stated that this was discussed at City Council meeting and statT is checking into other communities regarding compensation paid to members of all types of commissions. Jeff O'Neill also stated that the Planning Commission member terms would be on the City Council agenda for 1/1 0/00. Chair Frie also requested an update from Fred Patch, Building Official, on the status of Wildwood Ridge occupancy and building permits being held. Jeff O'Neill advised that there are approximately 13 buildings at this time and there appears to be a deficiency in the assessment payments expected. We hope to resolve issues in the near future and are working to keep the development from falling behind in assessment payments. Roy Popilek asked to be updated on the Jay Morell Trucking ordinance violations. This was put under item II b. 4. Citizens comments. None . I . Planning Commission Minutes - 01/04/00 5. Consideration of a request for an amendment to a ConditionalUsc Pcrmit Planncd Unit Devclopmcnt within the CCD Zonim! District to allow an cxpansion ofthc Sunny Fresh industrial facility. Applicant: Sunny FrcshFoods. Steve Grittman provided the report stating the applicant is seeking an amendment to their ConditionallJse Permit to accommodate an expansion of their facility along 4th Street between Walnut and Linn Streets. The Conditional Use Permit covers the Planned Unit Development previously granted, and the CUP requirement which is now a part of the CCD zoning district. This application is being addressed as a concept stage pun to provide site planning feedback to the applicant prior to the development of final plans. It was also noted that Sunny Fresh has been in total compliance with their previous conditions. Some comments provided by Steve Grittman and statI included improvements to or vacation of Linn Street, paving and curbing for the "Truck Staging Area", screening, yh Street encroachments, curbing setback, buffer yard encroachment, parking, pedestrian tranic and discussion regarding the Methodist Church property. Staff also discussed the possibility of a pathway along the yh Street right-of-way. The advantage of a pathway in this location is that it could run through the core of the community, connecting the elementary and middle schools, the Broadway path on either end, and pass directly by the Community Center. This pathway would probably be bcst located on the north side of the rail track, and would not likely be a part of the Sunny Fresh project. It was also noted that the Design Advisory Team reviewed the plan and recommended approval contingent on completion of landscaping improvemcnt noted in this report. The DAT has not reviewed the Planner's recommendation that sidewalk be installed on 41h Street. The initial view by DA T was that sidewalk on 4th Street should not be installed with pedcstrian traffic dctoured to a futurc 5th/Railroad pathway. Jeff O'Neill stated that a Walnut Street sidewalk installation should be considered in conjunction with the Sunny Fresh project. Chair Frie opened the public hearing. Jeff Burns, Little Mountain Feed, states he would be opposed to running Linn St across the tracks. His intent on enlarging his store was f()f store traffic and feels that with the Sunny Fresh plans the traflic pattern would be interfered with. He would like to see a pathway along Linn Street., but strongly opposes a thru way for vehicular traffic. Don Roberts, representative for Sunny Fresh Foods, noted their plans for expansion and stated that abandonment of Linn Street is not necessary for the success of their expansion. It was noted that neither Sunny Fresh Foods nor Little Mountain Feed was in favor of making Linn Street a thru street. Chair Frie closed the public hearing. Jeff O'Neill, Deputy City Administrator, advised that the statfwas not trying to push for Linn Street to be a thru strcet but rather the 2 , I . Planning Commission Minutes - 01/04/00 possibility of preserving it tor future use if ever deemed necessary. There was discussion among the members regarding Linn Street and the installation of a side walk either on 4th Street, Walnut Street, and on the Railroad ROW. The members also agreed that vacation of Linn Street could be considered ifrequested by adjoining property owners. It was decided not to make any decisions on Linn Street at this point. ROD DRAGSTEN MOVED TO RECOMMEND APPROVAL OF THE CONCEPT PLAN FOR THE SUNNY FRESH CUP/PUD AMENDMENT SUBJECT TO CONSIDERATION OF THE ISSUES RAISED IN THIS REPORT, BASED ON A FINDING THAT THE EXPANSION IS APPROPRIATE FOR THE SITE AND THE NEIGHBORHOOD AND WILL RESULT IN A MORE ACCEPTABLE OPERATION OF THE SITE. MOTION INCLUDES A RECOMMENDATION TO LEAVE LINN STREET AS A PUBLIC ROW AT THIS TIME AND TO RECOMMEND INSTALLATION OF P A THW A Y ALONG 5T11 STREET ROW (RAILROAD), AND NOT INST ALL SIDEWALK ON 4TH STREET AT THIS TIME. RICHARD CARLSON SECONDED THE MOTION. ROBBIE SMITH AMENDED THE MOTION REQUESTING TO INCLUDE THE RECOMMENDATION BY STEVE GRITTMAN OF HIS ALTERNATIVE LAYOUT REGARDING PARKING. DICK FRIE SECONDED THE AMENDED MOTION. ROY POPILEK NOTED HIS OPPOSITION TO EXCLUDING THE INSTALLATION OF A SIDEWALK ON 4TH STREET. Motion carried 4 to 1 with ROY POPILEK OPPOSING. There was further discussion regarding the sidewalk issue and Jeff O'Neill added that if the City was unable to get permission from BN to allow a pathway on the edge of the yh Street right-of-way, then the issue of whether or not to put sidewalk on 4th Street could be revisited. Don Roberts, Sunny Fresh, added that a majority of their parking will shift over to the former Methodist Church site at some point, and as far as the sidewalk is concerned their preference is to not have a sidewalk there, but noted again that Sunny Fresh would not object if the City preferred a sidewalk on 4th Street. 6. Public Hearin~ - Consideration of a zoninl! text amendment defining minimum lot width as measured at front yard buildinl! set-back line. JeffO'Ncill, Deputy City Administrator, provided the report asking the Planning Commission to consider making a minor amendment to the definitions section of the zoning code clarifying the definition of lot width. It is proposed that the language be modified by modifying the code as follows. "Lot width is the shortest horizontal distance between the side lot lines measured at the front yard building setback line". This issue arose when Dan Mielke purchascd property from the City thinking that he had purchased a buildable lot. When he checked thc lot width requirements it was his interpretation that the lot was not buildable because it did not meet the minimum lot width across the entire length of the lot. Adoption of the amendment creates code language that more clearly reflects common practicc. 3 , I . Planning Commission Minutes.. 01/04/00 Chair Frie opened the Public Hearing. Dan Mielke, Monticello, stated his concern was that they were told the lot was not buildable. They did purchase this property but their attorney stated this was too small a piece of property to build on according to his interpretation of the City code. Mr. W olfsteller provided a letter of interpretation to Mr. Mielke stating that this was a buildable lot but, Mr. Mielke stated this was not suHicient. He was advised to seek a variancc to make surc that he has what he believes to be a buildable lot. When asked by Fric if the ordinancc amendmcnt satisfics Mielke's concerns, Mielke statcd that the ordinancc amcndmcnt will clarify thc fact that hc owns a buildable lot. Chair Frie closed the public hearing. It was clarified that Mr. Mielke's lot was a buildable lot and this amendment is only f(J[ thc purpose of clarification. ROBBIE SMITH MOVED TO ADOPT THE PROPOSED ORlllNANCE AMENDMENT, BASED ON THE FINDING THAT THE AMENDMENT IS NECESSARY TO CLARIFY CODE INTERPRETATION AND TO REFLECT PAST PRACTICE. RICHARD CARLSON SECONDED THE MOTION. Motion carried. 7. Public Hearin!! - Consideration of a zonill1! text amendment that clarifies curb cut requirements in residential districts. Zonin!! Administrator Fred Patch, Building Official, provided the staff report stating this is basically a house- kceping issue. We have interpreted the ordinance to mean that the driveway width across the boulevard area of the public street must not exceed 24 feet in residential districts. Unfortunately, our interpretation and the words of the ordinance differ. The ordinancc languagc of "curb cut access" is not defined by the zoning code therefore it was suggcsted that thc ordinance state what is intended and this change will assist in enforcement of the ordinance and retain the aesthetic standards intended. The maximum drivewav width between the oublic street and the tJrO/Jertv line shall not exceed twenty-/(mr (24) feet with thefhllowing exception~: L Within all districts, a five fhot radius curb mav be constructed at the Dublic street in addition to the maximum drivewav width allowed. b. Curb cut access in industrial and commercial zoning districts may exceed twenty~f'our (24)feet with the approval qfthe City Engineer and the Zoning Administrator. Denial by the City Engineer and Zoning Administrator of curb cut access in excess (~ltwenty-jour (24) feet may be appealedfallowing the procedures outlined in Chapter 23 of the zoning ordinance. Chair Frie opencd thc public hearing and noting no one present, the public hearing was 4 , I . Planning Commission Minutes - 01/04/00 closed. ROBBIE SMITH MOVED TO RECOMMEND TO THE CITY COUNCIL THAT THE ORDINANCE AMENDMENT CLARIFYING MAXIMUM DRIVEWAY WIDTH BE ADOPTED. ROY POPILEK SECONDED THE MOTION. Motion carried. 8. Consideration of an amendment to the Comprehensive Plan for land west of Kiellberg Wcst Mobilc Homc Park. Applicant: City of Monticello. Steve Grittman provided the staflreport noting the request to add language to the City's Comprehensive plan which would add language to better define the proposed "Mid to High Density" Residential land use category for land west of the Kjellberg West Mobile Home Park. The intent of the language is to indicate that this category is reserved for higher density attachcd housing of higher development quality, and suggesting that lower cost entry level housing was in adequate supply in other parts of the community. Staff provided a proposed modification as follows: In the extraterritorial areas of the community, medium to high density residcntial is cxpcctcd to mean attached housing such as twin homes or townhomes in the range of four to eight units per acre. In keeping with the City's overall housing goals, most ofthcsc projects are expected to be proccssed with thc City's Planncd Unit Development zoning technique with an intent to increasc project quality and value. for the purposes of this section. incrcascd quality and value is presumed to mean that housing in this land use category would be priced in the upper 60% of the range of housing prices prevalent in thc communitv at the time of development. To encourage higher quality. the City will review such housing proiects with an expectation that extraordinarv project amenities are offered as a part of the proiect. Amenities may include substantial areas of private open space and recreational facilities. public opcn spacc opportunities where the natural features of thc site are appropriate. preservation of native plant associations. professionally designed landscape features. and other similar concepts.. ROY POPILEK MOVED TO RECOMMEND APPROVAL OF THE COMPREHENSIVE PLAN AMENDMENT AS PROPOSED, BASED ON A FINDING THAT THE EXISTING PLAN LANGUAGE NEEDS CLARIFICATION TO PROVIDE LAND USE DIRECTION WHICH REFLECTS THE CITY'S INTENT. ROBBIE SMITH SECONDED THE MOTION. Motion carried. 9. Consideration of a proposcd amcndmcnt to the Sign Ordinance to allow clcctronic messa!!e board si!!ns in certain districts. Applicant: City of Monticello. Steve Grittman provided the report noting that stail had provided an amcnded sign 5 . I . 10. Planning Commission Minutcs - 01/04/00 ordinance for electronic message board signs for Planning Commission revicw. The changes from the previous draft arc as follows: . 'I'he allowable distriets now include the B-3 and B-4 (as previously), together with a portion of the CCD which would be parcels directly fronting on Highway 25, south of 4th Street. This would keep such signs out of the downtown areas which are designcd to be more pedestrian oricntcd, such as Walnut and Broadway. · The size of the electronic message board is now limited to a maximum of 70 square feet, or 50% of the size of the allowable pylon, whichever is less. 'fhercfore, if the allowable pylon sign area were 100 square feet, the applicant could only havc 50 square fcet of clectronic mcssagc board. There was discussion by the members regarding the properties south of 4th Street and how that would exelude some businesses. It was suggested to inelude parcels directly fronting on Highway 25, south of 3rd Street. ROBBIE SMITH MOVED TO RECOMMEND APPROVAL OF THE AMENDMENT WITH THE CHANGE IN A PORTION OF THE CCD WHICH WOULD INCLUDE PARCELS DIRECTLY FRONTING HIGHWAY 25, SOUTH OF 31w STREET. MOTION BASED ON THE FINDING THAT THE AMENDMENT IS CONSISTENT WITH THE COMPREHENSIVE PLAN. RICHARD CARLSON SECONDED THE MOTION. Motion carried. Consideration of an amcndment to the Zoning Ordinancc to allow for thc defcrral of parkin!! lot pavin!! and/or curbing requirements. Applicant: City of Monticello. Steve Grittman provided the members with a revised ordinance noting the addition of itcms vii and viii. He also noted a list of situations which would allow for deferrals of paving, curbing and landscaping by conditional use permits. Chair Frie opened thc public hcaring. With no onc present, thc public hearing was closed. It was notcd by the members after further discussion that any requests for deferrals would have to have the approval of the City Engineer. ROD DRAGSTEN MOVED TO RECOMMEND APPROVAL OF AN AMENDMENT TO THE ZONING ORDINANCE TO ALLOW FOR THE DEFERRAL OF PARKING LOTI' A VING AND/OR CURBING REQUIREMENTS. MOTION BASED ON THE FINDING THAT THE AMENDMENT IS CONSISTENT WITH THE COMPREHENSIVE PLAN. RICHARD CARLSON SECONDED THE MOTION. Motion carried. 6 . I . 11. lla. Planning Commission Minutes - 01/04/00 Set Planning Commission meetin!2: dates where cont1icts occur in 2000. The Planning Commission members were asked to reschedule three of their regular meeting dates for 2000. ROBBIE SMITH MOVED TO CHANGE THE TIME OF THE MEETING OF MARCH 7,2000 FROM 7:00 P.M. TO 4:00 P.M. WITH A TERMINATION OF MEETING TIME TO BE NO LATER THAN 6:00 P.M. DUE TO THE PRECINCT CAUCUS. ROD DRAGSTEN SECONDED THE MOTION. Motion carried. ROD DRAGSTEN MOVED TO RESCHEDULE THE MEKflNG DATE OF JULY 4,2000 TO .JULY 5,2000 AT 7:00 P.M. DUE TO THE FOURTH OF JULY HOLIDA Y. ROBBIE SMITH SECONDED THE MOTION. Motion carried. ROY POPILEK MOVED TO RESCHEDULE THE MEETING DATE OF NOVEMBER 7, 2000 TO NOVEMBER 8, 2000 AT 7:00 P.M. DUE TO ELECTION DA Y. DICK FRIE SECONDED THE MOTION. Motion carried. Update on Jav Morrell Trucking Ordinance Violation. JefTO'Neill advised the Planning Commission that stafTwas given direction to look into this situation by the Mayor. Jeff noted he has tried to eontaet Mr. Morrell but to no avail. He stated he would report baek to the Mayor with his findings. Clint Herbst, Council Liaison, asked that the Planning Commission direet staff to bring this item to City Couneil and advised staff to proceed with addressing this issue further. It was also suggested to bring this matter to the attention of the City Attorney to get his direetion. ROY POPILEK MOVED TO RECOMM~=ND THAT PLANNING COMMISSION GET DIRECTION FROM CITY COUNCIL AS THEY SEE FIT TO ADDRESS THIS NON-COMPLIANCE ISSUE. DICK FRIE SECONDED THE MOTION. Motion carried. Jeff O'Neill updated the members on a previous non-compliance issue regarding Automax stating they had removcd signage and were no longer parking in the eul-de-sae area. Fred Pateh updated the members on thc Royal Tire outdoor storage issue stating he had met with the new manager and instructed him to remove junk cars which were parked out in front of their building. He also stated that pcr their manager, one ofthc owners was meeting with their architect to further resolve the problem Robbie Smith asked staff to include any non-complianee issues in the agenda packets at the time they are delivered. It was asked of staff as to the situation with Wildwood Ridge building permits not bcing 7 , I . 12. Planning Commission Minutes - 01/04/00 issucd at this time. Frcd Patch and Jeff O'Ncill advised that there were special assessmcnt issues that havc not been resolved and they are in the process of rectifying this matter with the dcveloper. Adjourn. ROY POPILEK MOVED TO ADJOURN THE MEETING AT 9:30 P.M. ROD DRAGSTEN SECONDED THE MOTION. Motion carried. L 8